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HomeMy WebLinkAboutVI (B1-4) Public Hearing Maguire Road Self Storage Inc Ordinances 2003-15, 2003-16; 6th Amendment to JPA Agreement; Development Agreement Agenda 5-06-2003 be Center of Good Liv� Item VI B 1-4 ec.Mayor 8 .:> Corn missioners S. Scott Vander rift /"® V Danny Howell, District 1 /♦ , +\ ,�-SJ� Scott Anderson, District 2 City Manager �' " � Rusty Johnson, District 3 Jun 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: Maguire Road Self Storage, Inc. - Second Reading of Ordinances Small Scale Comp Plan Amend. Case #SSPCA-2002-009 (Ord. 2003-15) Initial Zoning Case # RZ-01-07-02 (Ord. 2003-16) JPA Amendment SMALL SCALE COMPREHENSIVE PLAN AMENDMENT: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-15 approving a Small Scale Comprehensive Plan Future Land Use Map Amendment redesignation from "Professional Offices & Services" to "Commercial" for the Maguire Road Self Storage property? BACKGROUND: The subject property is located approximately one block north of Roberson Road on the west side of Maguire Road at 740 Maguire Road. Three parcels (Tax IDs 31-22-28-000- 00-063, 31-22-28-000-00-27, and 31-22-28-000-00-040) are now one parcel (Tax ID 31- 22-28-000-00-027), consisting of approximately 4.92 acres. The property is partially developed with mini warehouses (Phases 1 & 2) and is owned by ACJR Investments. The City Commission adopted Ordinance 2002-15 on June 4, 2002 annexing the property into the City. A portion of the property has already been developed under County-approved development plans. As part of a pre-annexation agreement (attached), those plans have been modified by the City. The Honorable Mayor and City Commissioners April 22, 2003 Page 2 of 5 DISCUSSION: This is a small scale comprehensive plan amendment involving the whole 4.92 acres. The subject property is designated Professional Offices and Services on the City of Ocoee Future Land Use Map and Joint Planning Area Land Use Map. Mini-warehouses are not an allowed use in areas with a Future Land Use Map designation of "Professional Offices & Services", which has prompted that Applicant to request a designation of"Commercial" where it is allowed. With the pre-annexation agreement, the Applicant requested an Ocoee Future Land Use Designation of Commercial and a Zoning Classification of PUD. Accordingly, the Applicant has submitted applications to amend the Joint Planning Area Land Use Map, the Future Land Use Map, and the Zoning for the property consistent with the approved pre-annexation agreement. The properties adjacent on the north have Future Land Use designations of "Low Density Residential" and "Professional Offices & Services". The adjacent properties to the west are designated "Low Density Residential", on the south the designation is "Professional Offices & Services" and across Maguire Road on the east side the designation is "Commercial". INITIAL ZONING: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-16 approving an Initial Zoning designation of PUD "Planned Unit Development" for the 4.92 acre of subject property? BACKGROUND: The present County zoning designation is C-3 'Wholesale Commercial District". The applicant has petitioned the City to give an initial zoning designation of PUD "Planned Unit Development" to the 4.92 acres of the subject property. The subject property is adjacent to property zoned (County) A-1 "Citrus Rural District" on the south side, PUD- Commercial "Planned Unit Development — Commercial" on the east side and P-S "Professional Offices & Services" on the north side of the subject property. The requested zoning designation of PUD"Planned Unit Development' is compatible with the applicant's request for a Future Land Use designation of "Commercial". DISCUSSION: The PUD Land Use Plan, date stamped October 16, 2002 indicates that the Maguire Road Self Storage project will consist of three phases with a series of rectangular buildings and aisle ways for access to individual storage stalls. At the west end to the rear of the property will be located a retention pond. There are no other land uses proposed other than the mini storage warehouses and the associated front business office for the mini storage facility. The Honorable Mayor and City Commissioners April 28, 2003 Page 3 of 5 The Maguire Road Self Storage project began under the regulations and approvals were granted by Orange County. The approvals include: • Site Plan, Paving & Drainage Windermere Mini-Storage; and • Building Plans for Windermere Mini-Storage. There are three (3) phases of the development of the self storage facility. Two phases have been completed. The owner had obtained County building permits to construct Phase 1 and received a Certificate of Occupancy. Building permits and a Certificate of Occupancy were issued by the City for Phase 2 Development. No building permits have yet been issued by the City for Phase 3. City staff had requested additional landscaping beyond what Orange County requires, and the owner has agreed to install such additional landscaping. Staff conducted an on- site inspection in February and found that the additional landscaping was installed. The PUD Land Use Plan is consistent with the approved site plan that was attached to the Pre-Annexation Agreement. A Development Agreement consistent with the PUD outlines the Conditions of Approval. Except as set forth in the Pre-Annexation Agreement (dated April 16, 2002), the property is to be developed according to the standards in the C-2 Zoning District. PUD zoning was requested instead of a regular commercial zoning district designation because this use is not allowed under the City's current P-S "Professional Offices & Services" designation. The only "straight" commercial zoning under which the use is allowed is C-3 "General Commercial" which is located primarily around the Western Expressway (S.R. 429) and Florida's Turnpike. JOINT PLANNING AREA AGREEMENT AMENDMENT: ISSUE: Should the Mayor and City Commissioners approve an Amendment to the JPA Agreement changing the future land use designation on the JPA Land Use Map from "Professional Offices & Services" to "Commercial"for the whole 4.92 acres of the subject property? BACKGROUND: On February 11, 1994, the City of Ocoee and Orange County entered into a Joint Planning Area (JPA) Agreement. One of the functions of the JPA 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 requests a different JPA Land Use Map designation other than which was agreed to between the City and Orange County. As a result, a JPA Amendment is required as part of the approval process. The proposed 6'" Amendment to the JPA Agreement proposes to change the current future land use designation on the JPA Land The Honorable Mayor and City Commissioners April 28, 2003 Page 4 of 5 Use Map from "Professional Offices & Services" to "Commercial" on the subject 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. PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY RECOMMENDATION: On March 26, 2003, the Planning and Zoning Commission acting as the Local Planning Agency held public hearings and reviewed the applicant's requests to approve a Small Scale Comprehensive Plan Future Land Use Map Amendment redesignation from "Professional Offices & Services" to "Commercial", approve an Initial Zoning designation of PUD "Planned Unit Development", and approve an Amendment to the Joint Planning Area Agreement changing the future land use designation on the JPA Land Use Map from "Professional Offices & Services"to"Commercial". Nobody from the public spoke on the issue of the Small Scale Comprehensive Plan Future Land Use Map Amendment or the Initial Rezoning or Amendment to the Joint Planning Area Agreement. There was discussion concerning the landscaping along the front of the property, and the PUD designation. Staff indicated that additional landscaping was installed and two trees were repositioned. The Local Planning Agency voted unanimously to recommend approval of a Small Scale Comprehensive Plan Future Land Use Map Amendment redesignation from "Professional Offices & Services" to "Commercial", subject to the approval of the Initial Zoning and an Amendment to the Joint Planning Area Agreement. The Planning and Zoning Commission voted unanimously to recommend approval of an Initial Zoning designation of PUD "Planned Unit Development", to include the conditions listed in the DRC report (already completed) and subject to approval of the Amendment to the Joint Planning Area Agreement. The Planning and Zoning Commission voted unanimously to recommend approval of an Amendment to the Joint Planning Area Agreement changing the JPA Land Use Map designation from "Professional Offices & Services" to "Commercial". STAFF RECOMMENDATION: Based on the recommendation of the Planning and Zoning Commission / Local Planning Agency, Staff recommends that the Mayor and City Commissioners: 1. Approve the 6'" Amendment to the JPA Agreement changing the JPA Land Use Map designation for the 4.92 acre parcel from "Professional Offices & Services" to "Commercial"; and The Honorable Mayor and City Commissioners April 28, 2003 Page 5 of 5 2. Adopt Ordinance 2003-15 approving a Small Scale Comprehensive Plan Future Land Use Map Amendment from "Professional Offices & Services" to "Commercial", subject to the County's approval of the 6th Amendment to the Joint Planning Area Agreement; and 3. Adopt Ordinance 2003-16 approving an Initial Zoning designation of PUD "Planned Unit Development", subject to approval of the Development Agreement, and subject to the County's approval of the 6'h Amendment to the Joint Planning Area Agreement. Attachments: Location Map Pre-Annexation Agreement City Attorney Staff Report and Development Agreement Future Land Use Map of the Area Zoning Map of the Area 6'h Amendment to the JPA Agreement Ordinance 2003-15 Ordinance 2003-16 Public Hearing Advertisement O:\Staff Reports\2003\SR03044 CC.doc Location Map Maguire Road Self Storage PUD iA � r 11 I - A lyI I \ e' ' L ; ,yy ICI : L IT\\ l'tr, r,� � I 11 N\K: 11 I I I I�` ' Ili 1-1 \ 1_1F Ilil ' lllVi i1 _ LI LLIiiiii r r LI I , L] iI1�l 1lI lF ; I, (�Yl��$ tIt P I �lI 1 '' > t< IIIli � If ; N A Tl\I 1� 1 \ � 7I \1 I ' 1 IL_, LI H . L I �� ` re �I iI1� I iI/ - /\lj7 \1"i INSK1 V P +Eojii �1 , �1 y y" 'I I-I \ ), '� w 1 r i,' , I \� --)1 I I C ' J h ' ' r - ] -I • ' J 11lr � � �:JK=1t _s ��r'1 - MOO R ILJhl1 "`I !1 I _I_ I �_ 2 l� L1 O�EaSON R /7 \HLLI 111f'11_ \', Ill hHI 17L1' 0 \ i,ll, ed 1\ y, w (A 1\J I: LEA U / r 1 ' ` : r 1 ' fir I I ' 1�) �/ 1 <, � . 1j A a 1 �111_ � V \ 1 G lJ ' . -- 1,lj1 � \I ''� <y[ILiii1 �N, ;iii O " l 11 � 11_I 11 ) f 1L' {, ,, 1 11111 1-1 11 L_ ` gill r - / ' ! L � i l ((\ � it it I i , " i' , I „ l J AN Iliillllll hill OR Bk SS 1 0 Pg 5760 Orange Co FL 2002-0202069 04/26.i/21802 03:59:46ml Rec 91.50 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E.Rosenthal, Esq. FOLEY& LARDNER ill North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tux Parcel Identification Number(s): 31-22-28-0000-00-036 31-22-28-0000-00-027 31-22-28-0000-00040 PRE-ANNEXATION AGREEMENT (MAGUIRE SELF STORAGE) THIS PRE-ANNEXATION AGREEMENT (the "Agreement') is made and entered into this 14 it. day of HPRIL , 2002,by and between the CITY OF OCOEE, aFlorida municipal corporation,whose mailing address is 150 North Lakeshore Drive,Ocoee,Florida 34761 (the "City") and ACJR INVESTMENTS, INC., whose mailing address is 71 E. Church Street, Suite 200, Orlando,Florida 32301 (thc "Owner"). WITNESSETH: WHEREAS,the Owner owns certain real property located in unincorporated Orange County, Florida consisting of approximately 4.92 acres located at 716 Maguire Road, Tax Parcel Identification Numbers 31-22-28-0000-00-036, 31-22-28-0000-00-02, and 31-22-28-0000-00-040 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, the Property is located within the Joint Planning Area as defined in Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County as it may be amended from time to time (the "Joint Planning Area Agreement") and is contiguous to the corporate limits of the City; and WHEREAS, the Property is located within the City water territorial area as set forth in the Territorial Agreement (as defined below); and 1 II 1111111IIIIi1II1IIII1 OR Bk 651@ Pg 5761 Orange Co FL 2002-02420E9 WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth, that the City shall either provide water service to the Property prior to annexation of the Property into the City or, to the extent reasonably practicable, expedite the annexation of the Property into the City; and WHEREAS, in consideration of the City providing such water service to the Property and in consideration of other matters set forth in this Agreement, the Owner desires to voluntarily petition the City to annex the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, the parties acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes; and WHEREAS, Owner has previously obtained from Orange County, Florida (the "County") approval of the following plans in accordance with the applicable requirements of the County: (1) "Site Plan,Paving&Drainage Windermere Mini-Storage"consisting of 3 pages and stamped Plan Review Control Number B97902387, Date 2-21-01, with each page bearing an Orange County Building Division Commercial Plans Review Division approval stamp, undated; and, (2) Building Plans for Windermere Mini-Storage, hearing control numbers B00901175 and 2208-10 and date stamped as approved 5/2/01 (the"Approved County Plans"); and WHEREAS,pursuant to the Approved County Plans,the Owner is constructing in three(3) phases a self storage facility on the Property (the "Project"); and WHEREAS,in connection with the annexation of the Property,the Owner intends to apply to the City for a zoning designation consistent with the use of the Property for the Project; and WHEREAS,Owner has previously obtained from the County building permits to construct Phase 1 and has constructed Phase I of the Project and has paid to the County all applicable impact fees in connection therewith; and WHEREAS, Owner reasonably and in good faith anticipates that building permits will be issued by the County for Phase 2 upon confirmation that the Project can connect to the City's water system and upon payment of applicable County impact fees; and WHEREAS, Owner desires to complete development of the Project in accordance with the Approved County Plans without regard to the annexation of the property into the City; and WHEREAS,the City is agreeable to allowing the Project to be completed in accordance with the Approved County Plans subject to certain modifications being made as set forth herein; and WHEREAS,the City and Owner desire to address in this Agreement certain matters related to the terms and conditions under which water service will be provided to the Property and certain 7 • 11111111111111 III III OR Bk 6S10 Pg 5762 Orange Co FL 2002-0202069 terms and conditions related to the annexation and development of the Property in the event of annexation into the City. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. Section 2. Annexation. A. The Owner and the City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida Statutes. B. The Owner shall within thirty (30) days from the Effective Date of this Agreement (i) execute all applications and documents required by the City in order to process the Owner's petition for voluntary annexation including, but not limited to, the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable fees, costs and expenses associated with the petition for voluntary annexation and rezoning with a pre-annexation agreement as required by the City; and (iii)provide all documentation required by Florida law, including,but not limited to, Section 177.044, Florida Statutes, for the voluntary annexation of the Property. Following the Owner's compliance with the foregoing,the City shall process this petition for voluntary annexation. C. The Owner acknowledges and agrees that this Agreement does not in any way obligate or require the City to annex the Property or grant to the Owner any particular zoning which may be requested in connection with such annexation. D. The Owner acknowledges and agrees that any zoning granted to the Owner in connection with the Property shall be consistent with the terms and conditions of the Joint Planning Agreement as it may be amended from time to time. E. The Owner shall not be entitled to withdraw the petition for voluntary annexation unless the City proposes a zoning classification for the Property which would preclude the use of the Property for the Project. F. The City acknowledges and agrees that the City's assurance to the Owner that this Agreement is enforceable against the City and that the City will not seek to thwart enforcement based on any claim of invalidity, are material inducements to the Owner to enter into this Agreement and Owner would not voluntarily annex into the City of Ocoee or enter into this Agreement but for such agreement and assurances by the City. 3 OR BF Fite:. IIII PggqIIII6.: Orange Co FL 2002 020E069 G. The Owner acknowledges and agrees that the Owner's assurance to the City that this the Owner. are material inducements to the City to enter into this Agreement and City cement is enforceable against the Owner and that the Owner will not thwart enforcement based umyld not enter into this Agreement but for such agreement and assurances by to Section 3. Dm r . Approved County Plans and this Agreement, The parties Prior to annexation into the City, the Owner hereby agrees to develop the Property A. roved Project has been completed in accordance with the Approved id the Project in accordance with the APP incorporated herein by reference as if fully 'zretoount Plans. The that Phase County Plans are hereby bunty Plans. The Approved et forth herein. B. The City agrees that upon annexation into the City Owner may develop the Property and modified dicodssite plan lanra ac)eage4etoias and the Project in accordance with hithis s reference hecein,and the modified site plan attached hereto a h depict the and incorporated by byOrangeCountybutwhichincorporatethemodifications required by the City (the"City Required Plan Modifications") for to depict the site plan originally approved development the Approvedf the Project Planstherecognition that development fthe Project ojePlans, approves the Approved co of the in City. roved City Plans"). The City further asmodnced in Coumypuird Plan ModficaeCis (the"Approved City City rhr in accordance with the Approved modifiedbythe City Required Modifications(the rpp shall that considered long as the a Projectalisdeveloped hat it o permits and certificates rti f i Ptess and theuOcoee with City respect shall be to be a legal conforming use and a legal conforming structure under the Ocoee C City Code and the City will issue building the ApprovedandCode, it thereto. Iny the event agreed expressly rey th ttt i(s) the o to the Florida Building is tApproved City Plans shall ntrol. Notwithstanding the foregomtute wtoiver extent such the conflict s Approved County Plans. Further, and Code shall control in the e event wereaany conflict in Cith he Ap it isd Coln at y ens.Florida rtth r, and hereby exp Y hate Code shall control in gto the contrary herein neontahed�CrtyP converting two 100 square hat, notwithstandingmared m n Owner may wish to revise the unit size mix(e.g., ng 00 square due unitst market demand, for Phase 3 of the Project. y expressly foot es hinto one as t the total foote unit orfvice versa) the that will not use such agrees that so long as total square footage of Phase 3 is not increased and all constructed units comply with the Approved City Plans(but for the number of units), proposed conversion as an opportunity to re-visit the Approved City Plans or seek additional landscaping or other conditions of approval from the Owner. C. Upon annexation of the Property,the Owner hereby agrees to develop the Property and the Project in accordance with the Approved City Plans subject to the terms and conditions of this Agreement. his impact D. If annexation of the Property is completed prior to the time Owner pays fees to the County for Phase 2 and pulls County building permits,the Owner shall develop Phase 2 4 OR Bk 6510 Pa 5764 Orange Co FL 2002-0202069 of the Project in the City and pay all applicable impact fees, building permit fees, capital charges, and other fees and charges imposed by the City which may be associated with the development of Phase 2 of the Project. The Owner shall develop Phase 3 of the Project in the City and pay all applicable impact fees,building permit fees,capital charges, and other fees and charges imposed by the City which maybe associated with the development of Phase 3 of the Project and any subsequent phases. Section 4. Water Service for Fire Protection. A. Subject to the terms, conditions and limitations set forth in this Agreement, the City agrees that prior to annexation it will provide water service to the Property upon compliance by the Owner with all applicable regulations of the City and the payment all fees, water capital charges, costs and expenses associated therewith. B. The parties acknowledge that the County has previously approved, subject to submittal of final construction plans therefore, the construction of a water tank on the Property as part of Phase 2 of the Project. In consideration for the City providing the water services provided for herein,the Owner acknowledges and agrees that neither Owner nor its successors or assigns shall construct a water tank or similar structure on the Property. The foregoing is a material inducement to the City to enter into this Agreement. C. This Agreement does not in any way reserve any water capacity or guarantee the availability thereof D. The Owner acknowledges and agrees that for so long as the Property is not located within the corporate limits of the City, the water capital charge and monthly rates and charges for water service as established by the City from time to time shall be charged at the same rate charged to consumers within the corporate limits of the City plus a surcharge as provided in the Code of Ordinances of the City. The Owner agrees to pay all such charges for water service and surcharges as required by the City. - Section 5. Owner Monetary Contribution. As a material inducement to the City to enter into this Agreement and provide water service to the Property prior to annexation,the Owner hereby agrees that, if the Owner pulls permits from the County for the construction of Phase 2 the Owner shall contribute to the City the sum of Forty Thousand and No/100 Dollars($40,000.00)(the"Owner Monetary Contribution"). The Owner Monetary Contribution constitutes a payment in lieu of road, police and fire impact fees for Phases 1 and 2 of the Project which has been or will be developed in the County. The Owner Monetary Contribution shall be paid into the following accounts of the City and shall be treated the same as impact fee payments made into such accounts: (a)Road Impact Fee Account:$20,168.00;(b)Fire Impact Fee Account: S 14,784.00; and(c)Police Impact Fee Account: $5,048.00. The Owner Monetary Contribution shall be paid in full prior to connection of the Property to the City water system. In the alternative, if the annexation of the Property is completed in time for the Owner to pull permits for the construction of Phase 2 from the City of Ocoee, then 5 1 IIIIII111111111113 OR Bk 651el Po S765 Orange Co FL 2202-020d069 the Owner shall contribute to the City the sum of Forty Thousand and No/100 Dollars($40,000.00) less the total amount of impact fees the Owner has paid to the City in order to pull any and all necessary permits to construct Phase 2 of the Project (the "Alternative Owner Monetary Contribution').The Alternative Owner Monetary Contribution constitutes a payment in lieu of road, police and fire impact fees for Phase I of the Project which has been developed in the County. The Alternative Owner Monetary Contribution shall be paid to the City and paid proportionately into the following accounts of the City and shall be treated the same as impact fee payments made into such accounts: (a) Road Impact Fee Account(50.42%); (b) Fire Impact Fee Account (36.96%); and (c) Police Impact Fee Account (12.62%). Either the Owner Monetary Contribution or the Alternative Owner Monetary Contribution,as hereinbefore provided, shall be paid in full prior to connection of the Property to the City water system. Neither the Owner nor any other person or entity shall be entitled to any impact fee credits or other compensation of any kind for, on account of, or with respect to the Owner Monetary Contribution or the Alternative Owner Monetary Fee Contribution, it being agreed that the Owner Monetary Contribution or the Alternative Owner Monetary Fee Contribution is being voluntarily contributed by Owner to the City in order to mitigate the transportation,fire and police impacts arising from or in any way relating to Phase 1 and,in the event of payment of the Owner Monetary Contribution, Phase 2 of the Project. It is expressly agreed that the neither the Owner Monetary Contribution nor the Alternative Owner Monetary Contribution shall be reimbursable to the Owner by the City or by any other person or entity. Section 6. Agreement Runs with the Land. In consideration of the City providing water service to the Property prior to annexation, the Owner and the City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in title. Section 7. Representations by Owner. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement and that the Property is free and clear of all liens and encumbrances, except for the lien of the mortgage referenced in the Joinder, Consent and Subordination attached hereto. Section 8. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail,postage paid,return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Numbers set forth above with a copy to Scott A. Glass, Esq.,P.O.Box 4956,Orlando,FL 32802-4956. Any notice,direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally,when received. Section 9. Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE 6 III IIIIIilllllllllilll. OR BR 6510 Pa 5766 Orange Co FL 2002-0202069 CITY, THE CITY MAY DISCONNECT AND TERMINATE ANY WATER SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF WATER SERVICE AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH WATER SERVICE BY THE CITY. OWNER'S INITIALS: Section 10. Indemnification. A. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses,claims, damages,judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part,by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claims and shall provide the City with information regarding the Claims as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. Section 11. Recording. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. Section 12. Territorial Agreement. The references herein to the Territorial Agreement refers to the Orange County/City of Ocoee Water Service Territorial Agreement (Contract No. W-88-O6), dated November 14, 1988, as amended. Section 13. Further Documentation. The parties agree that at any time following a request therefor by the other party,each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 14. Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. B. The Property shall be deemed a single parcel and any subparcels of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. 7 MIIEI 11111111111IIMII OR Bk 6510 Pg 5767 Orange Co FL 2002-0202069 C. For all purposes of this Agreement, the Effective Date hereof shall mean the date when the last of the City or the Owner has executed the same, and that date shall be inserted at the top of the first page hereof D. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County,Florida. E. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. F. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors,assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors,assigns and legal representatives. G. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. H. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any o f the terms,conditions or covenants of this Agreement or in the event of any litigation between the parties which arises out of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs, both at the trial and appellate levels; provided, however, that notwithstanding the foregoing and without regard to the prevailing party, the Owner shall bear its own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement I. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement or the provision of water service, and such third party prevails,then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorneys' fees and paralegal fees at both the trial and appellate levels. J. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. K. This Agreement embodies and constitutes the entire understandings ofthc parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. 8 III I I I II IIIIII OR Pk 6510 Po 768 Oranoe Co FL 2002-0202069 L. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. M. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. N. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct,and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. O. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. IN WITNESS WHEREOF,the City has caused this Agreement to be executed as of the day and year first written above. "CITY„ Signed, sealed and delivered in the presence of CITY OF OCOEE, a Florida municipal corporation QMliQ � By: $,_' Signature S ott Vand grit, M • bA 021-mi C l u-- Attest: r Print/Type Name J . t Grafton, ity CI k ��yy�!��(lyy� (SEAL) J Signature �a_P1.a�j • MARIALI l7REEN Print/Type Name FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON a egt L jL , 2002 LEGALITY A UNDER AGENDA ITEM NO.vi! .li. this IL day of r/j I , 2002 9 11111 uu lhIM III I IIII OR Bk 6S 10 Pig 5769 Orange Co FL 2002-0202069 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY �- this j�day of 4I �d , 2002 FOLEY �[/,ARDNE R By: IJG ����X�'Wv^ City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before-me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared S. SCOTT V ANDERGRIFT and JEAN GRAFTON,personally known tome to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this 1 1 day of _A-41Z l — , 2002. Signature of Notary 32-e,1\ nit 1\-)1,41,w -LL Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Conunission Expires(if not legible on seal): s t v _ir;""g_;;. BRENDA MAXWELL ^ "4 MYCOMMISSION e CCa99257 Y- <:a EXPIRES:January 9,2COd yA.::\f"' fimdd mm Notary Pubes untniwcs 10 k,cg-17-2002 WED 03; 19 P.8 'HI AL -- IN WITNESS WHEREOF,the Owner has caused this Agreement to be duly executed the /CQtday of ,[Pads , 2002. "OWNER" Signed, sealed and delivered in the presence of: ACJR INVESTMENTS, INC., a Florida corporation t\ j /� '�s��9G' -2CAU;,vL By: LLt_.js; Od -i,442 Signature Nanjkk:1-0F(-4) fl Pri>KialC f .e L. . P-edT:-ro Title: k (^ fi Prip. e Name (CORPORATE SEAL) Signature III�IIIIIIIIIIIIIIIIIIIIIII III Printliyp rani: pp, c:, 6_, Ica Fc 5770 t-- Oran c> Co FL 2002-0202009 STATE OF 1-��t(�� COUNTY OF\jLftnn P I HEREBY CERTIFY that on this day, before me, an office:duly authorized in the State andl Cou�t - aforesaid to take acknowledgments, personally appeared t )nl1 ')- 1--n5 2T_C (ICA- of ACJR INVESTNIENTS, INC., a F k w (SR , corporation, who [,A is personally knowm to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in hire her by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this k P day of Rif i , 2002. SiviaS a„pP PR2r+JUeur'n {,{r '37My Ccrnmis=en CC797551 Expires De c,:_r 17.2002 i . Name of Notary(Typed,Printed or Stamped) Commission Nu¢be:Cifne:izo,ble as seal):22,119756) My Commission Expires(snot leable on sent)- - -[N 11 IIIIIII111111lllIII OH Bk 6510 Pn 5771 Orange Co FL 2002-0202069 JOINDER,CONSENT AND SUBORDINATION The undersigned hereby certifies that AmSouth Bank, an Alabama Banking Corporation is the holder of a mortgage,lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument and agrees that its mortgage, lien or other encumbrance,which is recorded in Official Records Book 6427,Page 639 et seq.of the Public Records of Orange County of Florida,shall be subordinated to the foregoing Pre-Annexation Agreement between ACJR Investments, Inc. and the City of Ocoee. IN WITNESS WHEREOF, q-ie ucdersigned has executed this Joinder, Consent and Subordination as of the IS- day of �Il _ , 2002. Signed, sealed and delivered in the presence of ADISOUTH, an Alabama Banking Corp. Signature Name: t ( Title: Poo--) E h/fi - Print/Type Name (CORPORATE SEAL) Signature Print/Type Name STATE OF Ek-/c(A- COUNTYOF /Jr-it/7/1r7i THIS IS TO CERTIFY, that on this�.7 ih day of App./ _, 2002, hefore me, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared J(t/14/a' W.. (ccsca&7' , as ✓/[c -prenc/ea/ of A-TVt/1tiM 4/c, who [Xis personally Imotvn to me or [ I produced as identification, and that who acknowledged that he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be his/her free act and deed as such officer[hereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. Signnatat<uurlreoof N -tar; �,rw Helen E Gilroy Commission Number(if not legib seal): • My Commission Gom5049 My Canvnission Expires(if not legible on seal): •0 ye; Ewpgeshprl 01,200E 12 II11111111IIIIIIII OR Bk 6510J G9 772 Orange Co FL 2002—P202069 EXHIBIT "A" LEGAL DESCRIPTION The North 1/2 of the South 1/2 of the North 12 of the Southeast 1/4 of the Northeast 1/4, Section 31, Township 22 South, Range 28 East, Orange County, Florida (LESS the East 40 Feet thereof for Road Right-of-Way). ORLDCCS 1C11419925)G 13 (-mom NNOTTS I. ALL CONSIRUCTON 101A11 CONFER.,To itt ORANGE Comfy 13. A1MC LMOIETR C MO COMSULIAMTT,R SMALL RE MONIED 51AROMOS NO 9'CO/1CATIOIS NO f0 THE FLONDA 00•MTLEM MNIDATELY OF ANY PRoatlf5 RE0.1R010 DENATION FROA of TRAASPOITA1bN STAMONO STEDnGTIONS FO1 Nam A/O THAVE PLANS AND SPQ3FiCL1106 BRUCE CONSTRUCTION.HOST RECENT EDITIONS IA. AU.PALOIOIT 91ALL RE CRANED TO OBTAM A YNNUT,CRAM 2 ALL CSTURET AREAS SHALL RE 0RAS3ED VON CONNITION Of OF 0.00R Ar10 SHALL CRAM POSITIVELY TO AU.TREES CA CC STRUCTTOA. SPLLMAYS. 3. ALL LANDSCAPING SHALL CONFORM TO NNE ORANGE COMM IS. CONTRACTOR SHALL PROLIX NO COCRDMATE PLACEMENT OF ANY I LANDSCAPE COOL HC15T PEW M.,.(ALC REOUIREO 1ANOERCROnO CONDUITS NECESSARY FOR PLACTIOIT Cr i ullulics(TELDI10 R.OLCOM,CAW-ETC)A/OTHE SPRN1NT.LA '� I. ALL PROPOSED MUMS SHORN ARC FH9(0 GRADES. SYSTLY. S. THE CONTRACTOR SHALL PROLRE POTTRE MANAGE O 111E SITE I6. CONTRACTOR SHALL PIROIADC.LINO O.(LNO:AING CONSULTANTS I \ TO ME Nl/1S AS INDICATED 0Y GRADES MO/LOR Nixon:. RIM AS-BULT PRORNAfON ON THE FOLLOMIG: LOCAIRRS '} AO*News 0f ALL(hints ND SNORT,STRLICIURE3: • I I 6. mina SHORN E WERE LOCATED FROU ST AYALAELE hCFN EATON. ►AYLL DCM AN ENT LDCAS D CRAM;MO POND GRADES SHOWN DC CONTRACTOR SHALL E RLSP06161L ow MOnnCATOM Or ALL ON PRAMS I UTUTY COOPARES ARE TM TAR LCCAnOR NO PROTECnOI OF ALL UTLUTW3 THAT WY CRST. AS POI F3.356 1K CONTRACTOR 17. r 0ERA100MC IS NECESSARY THE CONTRACTOR SMALL NOTNY ST. 1.,.. I 4 !HALL CONTACT R1I9 ( 7 IIK STATE O -CALL Cror FLORDA TOR unuTY JOHNS 044 VARR T,NIACLK W NT OSIRIOT ID OET0MC IF A I L0CA1E3 MUTING CONSTNUCTOIL PEIRRT HILL DC RCOUNED. 1 7. COSTING 20n1/G OF TIE SURLCT Silt O C-3 , 16. ME a090M r soNT NT LXONTAOL L(A41RE3 0a1r.LTm ARC ME • B. DC CONTRACTOR ROJGH1 DE�C 0 ID 011(IONROP+SE EROSION INCLUDE. N��Y REWIRED. AOD't10MAL CdI1RC;5 91KL E unl13D AS i '1 I BUT NOT UM=ED TO MC PLAa1,04T Cr SILT FENCES.STAG CED HAY , I i I. COMMIX BALLS CA OTHER R.,LM STRUCTURES ALCNC T11E PCRACTER OF TALC TS. ALL STRUCTURES,PIPE MD EVER COISINUCTgN WTeN MAEARC ROAD SITE 111S WAN SNARL GOOTAN TO DE IROURCNENT3 Or INC ST. RICHT CO RAY 3NN/CONTORT,TO TALE APPUCABLL F.0.0T.ROAPNAT , I JONNS SEEN NAM NM0 AC01T USTIICT AND IRE FCOA DEPMINOIT DCSCN STANDARDS A SPEOnONL I OF TRANSPCRATIOI AS OUTLINED IN T.D.OT.STANDARD DOE(002. ME CONTRACTOR SKALA PRV5OC M 0,10904 PROTECTION PLAN. 20. A...WI/NORI00l1AL SD'ARATION Cr 10 TUT AND A woman, ' KRTNJ.L SEPARA110r OF/6 ROES DIAL/BE NANTAIND BETNEDI R 3063 REPORT 61 10YAA91 TNGM[OtRG 50010S.RC..RL(407) ALL SANITARY LIES.STORM 111E AM RATER MANS r MS I A 1 774-11363. CONTRACTOR SMALL E RFSPOMSI/C TOR TO LOMNO 5E►MAT10N CANNOT SC MAINTAINED THE SEVER UNES SHALL RE , I RELriL00ATI(NS OF REPORT FCR KCMG PAD MO PAVEMENT ENCASED M 6'MICK CONCRETE OR 91ALL BETLE DUC RON PPE PR8MA71U1S MR A TO FEET DN LAD1 SIDE Cr ME PONT Cr OOI(UCT. I I ID. B0U0MT AND TOPOGRAPHIC IN(ORNA1IC/PROVIDED BY A TENCAN Si. A PERMANENT BO O-PAM WITHIN PROJECT UNITS,coma.TO --• 1 ' SRMYRC A T,APA0C.MC 007)426-7979. MANCL CCNNTY DADJN,SMALL E PRSYDED UPON COIPLC110N. ' I 11. ROOK ALL STRIPPMCS AN)UMCLASOOED W1ETALS OEYFIE 22. THE SOL!HALL E TREATED RR TERMITE PROTECTION TOR -..-- 1 NW DEPOSE OF IN LEGAL HAMER. BULDN6 CP/SIRUCT04. 7_ III O 12 FYI TO BC PLACID AND 00PACTEO TO A NRILAM 93R 11ASIWM 23. AU.JENTS ON TALC STORNRATOI PPELNC ME TO E HIUPPED VI. ,� 1JA7' MISTY(PER MATTO 1-100) HIM n1101 FABRIC. • ' +NI Ie.4., %I� • IOU rr Can•L MNrd End S•etk. - .1 I I I . ;CONIC AM••rp End S•eUen :'• 1 _ N/Cone Spleen Pop _ ,J ' / R.114.0E• �Pod I M.. 171.OU • °� �� f C iir -ra e )Y+ -Cant..$1 LP Cr Ra?:'O 07(20 . • 1 1 r1knet .N Lr Cr RCP•0.29f 1 -Cony( 7 'C'MALL 1' -f HL .. .-can.t TyJprr.'C'P/Nr ^ - / 6atr lT7 o0 ` •'IY' dT_,5C-''ems ' I lY/. 11. •aloe,Lht Foxe ' 1/ bete/1Q07 ./... M.. 10I.07 !' 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"1 II -. - . 1 _ I 1':A•:1 H ® meter,Cora Po..m•nt 7renpor•y OvnyuWJ -• Cane(. 17.0'C•MNr! 7 _ _ I , . 9 Ll'/5-' `1 Pop Location e~a +`\ .fiat•1170E ...,-,,,,��y�7J .t 110.E 5 �'� FwF7L68C.._. pw •• x l'v( L° '-Can•f.2Ts.69'C'MINE •Grate 176.07 , �Conot 215 L!15•REP•a700 , - ' / • • I M.. 114.71 •'L •• ; .. r' .\ 1`CmrL 70 IF le'RCP•O.TUE 5.6rn.r17 A EDAM.Control Boris, '-00•nL Two C•Mrl A I • 'lay ORAL 727.00 1 is•- •. .c., 1p_3..0r14F) MN l7N.JJ r./..Ii;•l A'':,.er 1 • 1i • 1 1 OESfLOPEA: AMA MKS/RIENTS,INC. (407)656-2261 •.^•I 1 ' 271E NEON ORCLE.SUITE 102 I OCOEE,FL 3.76i -, i ENORCER: JUNE EMO R NEERC CONSULTANTS (407)630-6000 • 1 • 71 E.CHURCH ST. .A;i 6 ^ ORLADO.FL 32601 , 6/pone SLREY O YCR: ANRCAN SU M 1VEYG AND MAPPING (407) 426-707E 320 E SCUM STREET.SUITE 180 6*posseO RLA100,FL 32601 (EOTCOINICOL YOVN9f ENOFICDONO SODIETS.INC. (407)774-0363 •S- ENGINEER: 953 SUNSHINE LANE ALTAI CTS SP1Of10S,FL.32714 Ares 1,50E A dL fX1 0 Al•/ MyIIII�IIIiIIIIIIIIiIIIIIII III UTIUTIES LNa6•r y of OM... Rous e 11.1.r Oty el Ocoee SewerSeptic Sono, T.Mphon• Sprint IL EMric Flyldo Power I-4.92a OR Bk E 1O Pg 774 158J0J F/-3:6e Pc et Orange Co FL 2 02-0202069 7.1119.1 of s/4.07 se)•IOC- 71.01Z /CU Rc)•100x-18001 OIRRIee County HIS.Wort 01M7 Pramlt DM0R0c 807000S7 NM: LNE,D,EL JOB NO. JAS RA, Site P/on AEC 97-0.310 RAJ Lune Engineering Consultants, Inc. ;,,CET Paving & Drainage 71 E. Cr,Mrcn Street Onon3o. Florida 3280i J•5 NA.: (e071 839-6000 J•I RAJ Windermere Mini Storage ORALRN Ul. DATE OICCKED Ely DATE s:.ALE • JA: RAJ an 541/0- RA: 6"6vP' I•- 50' OF 3 EXHIBIT B ... ........ .. 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I \ t 111 o .... ` • o Ftt.os..a ..n n .. ram _ � , t MM01 .. .•e...a Cmtm. v .�t ...`-`�• .-... �� •.. , y,,GOr.CCG0000>• 0000C CO000` r .� • .l ` • ti ' - , - C,4,o1 Low o..J [.+.enq Cro.aq.w.r n.oq. ..7yo,.,If go.tts.ol.•..,. —.n.tnq Li..Oe. ENTRANCE LANDSCAPING n r.5. JEC I JCa e,a CLICacee!. 97-0310 ae Site Plan ,June. Engineering Consultants. Inc. SPI 7•% R•t Landscape Plan 71 E. Cnurcr. Scree' Ortanoo. =:Druz 12301 7 (:?, BY/-SCCC J !e Mini Storage o.,. + a• o.r o.t:ca:.a, s:•.- 1 I V'/�n deem e9 :;R ).e., a I - x C t SHE OR 6k oF 0 lIII07III' 651 Pp 579 Orange Co FL 2 02- 202009 BOWENRecorded — Martha O. Haynie LLP 1V ATTORNEYS AND COUNSELLORS AT LAW April 15,2002 Mayor and Commissioners City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Title opinion - ACJR Investments Property (a/k/a Maguire Road Self Storage). Dear Mayor and Commissioners: Pursuant to Florida Statutes 177.041,please be advised that I am an attorney at law licensed in the State of Florida and have examined the Orange County Public Records with respect re the title to that certain property proposed to be annexed into the City of Ocoee by ACJR Investments, Inc. (hereafter the"Property") and more particularly described as follows: The North 1 of the South x of the North % of the Southeast 1/4 of the Northeast 1/4, Section 31, Township 22 South, Range 28 East, Orange County, Florida(LESS the East 40 Feet thereof for Road Right-of-Way). My examination of the public records reveals that as of this date the record title to the Property is in the name of ACJR Investments, Inc., a Florida corporation. My examination of the public records also reveals that the Property is subject to a mortgage executed by ACJR Investments, Inc. in favor of Amsouth Bank,an Alabama Banking Corporation,N.A.,recorded in OR Book 6427 at Page 639. The Property is also subject to a Distribution Easement in favor of Florida Power Corporation over the northern ten feet thereof, as recorded in OR Book 3283 at Page 1662. Sincerely, Scott A. Glass Shutts & Bowen, LLP ORLCCCS 10115613.1 sxc T= rv,m ,onanrw r FOLEY : LARDNER ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE,SUITE 1800 ORLANDO.FLORIDA 3 2 8 01-2 3 06 P.O.BOX 2193 ORLANDO.FLORIDA 32802-2193 TELEPHONE 407 423 7656 FACSIMILE:407.646.1743 WWVV.FOLEYLARDNER.COM MEMORANDUM CLIENT-MATTER NUMBER 0203A050] 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: Maguire Self Storage PUD Development Agreement ISSUE: Whether the City Commission should approve the proposed Development Agreement. DISCUSSION: The owners of approximately 4.92 acres of property located approximately one block north of Roberson on the west side of Maguire Road ("Property") have requested a zoning classification of PUD, Planned Unit Development District. Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the owner and the City enter into a Development Agreement incorporating all plans and conditions of approval by reference in connection with the approval of a PIJD. The Development Agreement incorporates the PUD Land Use Plan by reference and includes the Conditions of Approval and Waiver in Exhibits "13" and "C", respectively. The Development Agreement will be binding on the current owners as well as any subsequent purchaser. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Development Agreement and authorize the execution thereof by the Mayor and City Clerk. FOLEY&LARDNER 006.294510. THIS INSTRUMENT PREPARED BY: Scott A.Cookson,Esq. FOI,EY&LARDNER Ill North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Jean Grafton,City Clerk For Recording Purposes Only CITY OF OCOEE 150 N.Lakeshore Drive Ocoee,FL 34761 (407)905-3100 Tax Parcel Identification Number(s): 31-22-28-0000-00-027 DEVELOPMENT AGREEMENT (MAGUIRE SELF STORAGE) THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the day of , 2003 by and between ACJR INVESTMENTS, INC., a Florida corporation, whose mailing address is 71 B. Church Street, Suite 200, Orlando, Florida 32301 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager(hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, pursuant to the petition of the Owner, on May 6, 2003 the Ocoee City Commission approved Ordinance No. 2003-16 rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. 006.288769. WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the panics hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain Land Use Plan for P.U.D. Maguire Road Self Storage P.U.D. prepared by June Engineering Consultants, Inc., date stamped as received by the City on (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall he developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) 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. Pursuant to City of Ocoee Ordinance No. 2003-16 Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Section 4. Notice. Any notice delivered with respect to this Agreement shall be in writing and 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, 006.288769. -2 or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 5. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 6. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 7. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 8. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 9. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 11. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 12. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 006 288769. -3 Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 16. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the "OWNER" presence of ACJR INVESTMENTS, INC., a Florida corporation Print Name By: Name: Title: Print Name (CORPORATE SEAL) -4- 006.288769. STATE OF 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 as of ACJR INVESTMENTS, INC., a Florida corporation, who [ J is personally known to me or I 1 produced as identification, and that he acknowledged executing the foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 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)_ -5 006 288769. "CITY" Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Print Name: _ Attest: Jean Grafton, City Clerk (SEAL) Print Name: FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD Approved as to form and legality this ON _UNDER AGENDA day of , 2003. ITEM NO. FOLEY & LARDNER By: City Attorney 006.288769. -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, 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 2003. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (it not legible on seal). My Commission Expires (it not legible on seals _ -7- 006.288769. JOINDER, CONSENT AND SUBORDINATION The undersigned hereby certifies that AMSOUTH BANK, an Alabama banking corporation is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby joins in and consents to the foregoing instrument and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book 6247, Page 639 et seq. of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. IN WITNESS WHEREOF, the undersigned has executed this Joinder, Consent and Subordination as of the day of , 2003. AMSOUTH BANK, an Alabama banking Signed, sealed and delivered corporation in the presence of: By: Signature Print Name: PrinUType Name Its: —_.. (CORPORATE SEAL) Signature Print/Type Name STATE OF COUNTY OF THIS IS TO CERTIFY, that on this day of , 2003, before me, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared , as of AMSOUTH BANK, an Alabama banking corporation who [ ] is personally known to me or [ I produced as identification, and that who acknowledged that _he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be his/her free act and deed as such officer [hereunto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date. 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): -8-006 288769. EXIITBIT "A" THE PROPERTY LAND DESCRIPTION, THE NORTH 'G OF THE SOUTH % THE NORTH Y: OF THE SOUTHEAST % OF THE NORTHEAST'L OF SECTION 31,TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD RIGHT-OF-WAY), BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH Y:OF THE SOUTH % THE NORTH %OF THE SOUTHEAST ''/.OF THE NORTHEAST 'G OF SAID SECTION 31; THENCE NORTH 89°29'11" EAST ALONG THE NORTH LINE OF THE NORTH %OF THE SOUTH % THE NORTH 'OF THE SOUTHEAST''%OF THE NORTHEAST 'G OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 00°21'59" EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 89°30'11"WEST ALONG THE SOUTH LINE OF THE NORTH % THE SOUTH % THE NORTH % THE SOUTHEAST''/. OF THE NORTHEAST % SAID SECTION 31, A DISTANCE OF 1279.88 FEET;THENCE NORTH 00°14'50" WEST ALONG THE WEST LINE OF THE NORTH Y OF THE SOUTH %OF THE NORTH Y OF THE SOUTHEAST ''/.OF THE NORTHEAST % SAID SECTION 31, A DISTANCE OF 167.17 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES, MORE OR LESS. 006 288769. -9 EXHIBIT "B" CONDITIONS OF APPROVAL 1. ALL CONSTRUCTION SHALL CONFORM TO NE ORANGE COUNTY STANDARDS AND SPECIFICATIONS AND TO THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, MOST RECENT EDITIONS. 2. ALL DISTURBED AREAS SHALL BE GRASSED UPON COMPLETION OF CONSTRUCTION. 3. ALL LANDSCAPING SHALL CONFORM TO THE ORANGE COUNTY LANDSCAPE CODE, MOST RECENT ADDITION. 4. ALL PROPOSED GRADES SHOWN ARE FINISHED GRADES. 5. THE CONTRACTOR SHALL PROVIDE POSITIVE DRAINAGE OF THE SITE TO THE INLETS AS INDICATED BY GRADES AND FLOW ARROWS. 6. UTILITIES SHOWN WERE LOCATED FROM BEST AVAILABLE INFORMATION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR NOTIFICATION OF ALL UTILITY COMPANIES AND FOR THE LOCATION AND PROTECTION OF ALL UTILITIES THAT MAY EXIST. AS PER F.S. 556 THE CONTRACTOR SHALL CONTACT SUNSHINE STATE ONE-CALL OF FLORIDA FOR UTILITY LOCATES DURING CONSTRUCTION. 7. INTENTIONALLY DELETED 8. THE CONTRACTOR IS RESPONSIBLE TO PROVIDE EROSION AND SEDIMENT CONTROL THROUGHT THE CONSTRUCTION PHASE WHICH SHALL INCLUDE. BUT NOT LIMITED TO THE PLACEMENT OF SILT FENCES, STACKED HAY BALES OR OTHER SIMILAR STRUCTURES ALONG THE PERIMETER OF THE SITE. THIS WORK SHALL CONFORM TO THE REQUIREMENTS OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE FLORIDA DEPARTMENT OF TRANSPORATION AS OUTLINED IN F.D.O.T. STANDARD INDEX 4102. THE CONTRACTOR SHALL PROVIDE AN EROSION PROTECTION PLAN. 9. SOILS REPORT BY YOVAISH ENGINEERING SCIENCES, INC., PH. (407) 774-9383. CONTRACTOR SHALL BE RESPONSIBLE FOR FOLLOWING RECOMMENDATIONS OF REPORT FOR BUILDING PAD AND PAVEMENT PREPARATIONS. 10. BOUNDARY AND TOPOGRAPHIC INFORMATION PROMDED BY AMERICAN SURVEYING & MAPPING, INC. (407) 426-7979. 11. REMOVE ALL STRIPPINGS AND UNCLASSIFIED MATERIALS OFFSITE AND DISPOSE OF IN LEGAL MANNER. 12. FILL TO BE PLACED AND COMPACTED TO A MINIMUM 95% MAXIMUM DENSITY (PER AASHTO T-180) 13. JUNE ENGINEERING CONSULTANTS, INC. SHALL BE NOTIFIED IMMEDIATELY OF ANY PROBLEMS REQUIRING DEVIATION FROM THESE PLANS AND SPECIFICATIONS. 14. ALL PAVEMENT SHALL BE GRADED TO OBTAIN A MINIMUM GRADE OF 0.50% AND SHALL DRAIN POSITIVELY TO ALL INLETS OR SPILLWAYS. -10- 006288769 15. CONTRACTOR SHALL PROVIDE AND COORDINATE PLACEMENT OF ANY REQUIRED UNDERGROUND CONDUITS NECESSARY FOR PLACEMENT OF UTILITIES (TELEPHONE, ELECTRIC, CABLE.. ETC.) AND THE SPRINKLER SYSTEM. 16. CONTRACTOR SHALL PROVIDE JUNE ENGINEERING CONSULTANTS MTH AS-BUILT INFORMATION ON THE FOLLOWING: LOCATIONS AND INVERTS OF ALL UTILITIES AND STORM STRUCTURES; PAVEMENT LOCATIONS AND GRADES: AND POND GRADES SHOWN ON PLANS. 17. IF DEWATERING IS NECESSARY THE CONTRACTOR SHALL NOTIFY ST. JOHNS RIVER WATER MANAGEMENT DISTRICT TO DETERMINE IF A PERMIT WILL BE REQUIRED. 18. THE EROSION & SEDIMENT CONTROL MEASURES DELINEATED ARE THE MINIMUM REQUIRED. ADDITIONAL CONTROLS SHALL BE UTILIZED AS NEEDED. 19. ALL STRUCTURES, PIPE AND OTHER CONSTRUCTION WITHIN MAGUIRE ROAD RIGHT OF WAY SHALL CONFORM TO THE APPUCABLE F.D.O.T. ROADWAY DESIGN STANDARDS AND SPECIFICATIONS. 20. A MINIMUM HORIZONTAL SEPARATION OF 10 FEET AND A MINIMUM VERTICAL SEPARATION OF 18 INCHES SHALL BE MAINTAINED BETWEEN ALL SANITARY UNES, STORM LINES AND WATER MAINS. IF THIS SEPARATION CANNOT BE MAINTAINED THE SEWER LINES SHALL BE ENCASED IN 6' THICK CONCRETE OR SHALL BE DUCTILE IRON PIPE FOR A 10 FEET ON EACH SIDE OF THE POINT OF CONFLICT. 21. A PERMANENT BENCHMARK WTHIN PROJECT OMITS, CERTIFIED TO ORANGE COUNTY DATUM, SHALL BE PROVIDED UPON COMPLETION. 22. THE SOIL SHALL BE TREATED FOR TERMITE PROTECTION FOR BUILDING CONSTRUCTION. 23. ALL JOINTS ON THE STORMWATER PIPEUNE ARE TO BE WRAPPED WTH FILTER FABRIC. 24. THE PROPERTY SHALL BE DEVELOPED IN CONFORMITY 14/77H, AND THIS PLAN IS SUBJECT TO, THAT CERTAIN PRE-ANNEXA 7ION AGREEMENT DATED APRIL 16, 2002 ENTERED INTO BY AND BETWEEN THE CITY OF OCOEE AND ACJR INVESTMENTS, INC. AND RECORDED IN OFFICIAL RECORDS BOOK 6510, PAGE 5760 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA (THE PRE-ANNEXA 7ION AGREEMENT). NOTHING HEREIN SHALL BE CONSTRUED AS PREVENTING DEVELOPMENT OF THE PROPERTY PURSUANT TO THE TERMS OF THE PRE-ANNEXA PON AGREEMENT. IN PIE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS PLAN OR IN THE PRE-ANNEXA PON AGREEMENT THE PRE-ANNEXATION AGREEMENT SHALL CONTROL. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN OR IN THE PRE-ANNEXATION AGREEMENT, DEVELOPMENT OF THIS PROPERTY SHALL ALSO BE CONSISTENT WITH THE REQUIREMENTS OF 774E CITY OF OCOEE CODE. -11- 006.288769. 25. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROMSIONS AND RESTRICTIONS OF FLORIDA STATUTES CHAPTER 163 MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY, OR ITSELF, FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHOULD BE CONSIDERED AS SUCH EXEMPTION. 26. THERE SHALL BE NO ACCESS FROM THE PROJECT TO MAGUIRE ROAD EXCEPT AT THE APPROVED LOCATION SHOWN ON THE PLAN. 27. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN OR IN THE PRE-ANNEXATION AGREEMENT, STORMWATER MANAGEMENT SHALL BE PROVIDED CONSISTENT WITH THE REQUIREMENTS OF THE OCOEE LAND DEVELOPMENT CODE AND THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT. 28. A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND PAVED AREAS SHALL BE GRANTED IN FAVOR OF THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, FIRE, AND OTHER EMERGENCY SERVICES. 29. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS AND ASSOCIATION DOCUMENTS, IF ANY, SHALL BE APPROVED BY THE CITY. 30. ANY DAMAGE CAUSED TO MAGUIRE ROAD AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT. SHALL BE PROMPTLY REPAIRED BY THE DEVELOPER TO THE APPLICABLE GOVERNMENT STANDARDS AT THE DEVELOPER'S SOLE COST AND EXPENSE. 31. NO INDIMDUAL BUSINESSES SHALL BE CONDUCTED FROM SELF-STORAGE UNITS. 32. THE ONLY USES ALLOWED ARE THOSE ALLOWABLE IN THE CITY OF OCOEE "C-2" COMMUNITY COMMERCIAL DISTRICT PLUS SELF STORAGE WAREHOUSE FACILITIES IN A SIZE UPTO 84,500 SF. 33. EXCEPT AS SET FORTH IN THE WAIVER TABLE OR EXCEPT AS SET FORTH IN THE PRE-ANNEXATION AGREEMENT, THE DEVELOPMENT STANDARDS IN C-2 ZONING WILL APPLY TO THIS PLAN. -L 2- 006 288769. EXFIIBIT "C" WAIVERS Waiver Table Code Section Code Standard Proposed Standard Justification for Waiver Article 5 Zoning "C-2" Zoning "PUD" Annexation Agreement Annexation Agreement 5' Side Setback (increase to 25' Table 5-2 10' Side Setback on South Prop. Line setback adjacent to residential on N. Prop. Line) Table 5-2 30% Max. Bldg. 39.5 % Max. Annexation Agreement Coverage Bldg. Coverage Table 5-2 70% Max. Bldg. 73.9 % Max. Annexation Agreement Coverage Bldg. Coverage Mini—Storage Mini—Storage Table 5-1 Warehouse not Warehouse Annexation Agreement Permitted Permitted 006.288769. '13- City of Ocoee, Florida Maguire Road Self Storage PUD Case #P-02-05-01 (County) Professional Offices & Services to (City) Commercial Future Land Use Map N ��` cote' Goads.' --•7.%'.,.�t s . _ Oc.EE..^C (. WESMERE PY Ocoee Community Development '4=`Yt � ;;'� `.s Department <K �;t. „.,.1,... Scale: 1 inch=800 feet t � L i 0 200 400 600 800 Feet • Printed: March2003 k WINSHIRE BV BRIDGE CREEK BV LEGEND _ - - , NI Subject Property , Unincorporated Territory SubjectA ; ' �'� • {I-11i. and Other Municipalities fr , ;. rl C 7 t • J� I Rail Lines Property , Future Land Use Classification: ), Low Density Residential ++r - i- - - ' l Medium Density Residential - :\ n,=Y ^ :`- 4 ,:, r; ¢' t-' _,. f High Density Residential EN Professional Offices and Services Y 11111 Commercial r Light Industrial :Y Heavy Industrial r. 1 IIIII Conservation/Floodplains `' ® Recreation and Open Space ROBERSON ;R 11111 Public Facilities/Institutional M I Lakes and Water Bodies il _ 't 4 • .4*•§00iikliitt,:-. .fil,rv•-=.;.,,, :1..t._.•-4:4,-,. • ac 1! I ,, , , f ,f fi ,i kw, mac' ' s; 1 ;..-.1,: 1 t. 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C-1 Neighborhood Shopping . 00000C•OC,000000004>;.>0.0C--.)00000, • , '0 C.,.f?0',>(L'N 0 ff..0 0 0 0 0 0 0 0 0 0 0..)0 0 0 0 0 f•t)0, C-2, Community Commercial 0 0,.>0 0 C.0 0 0 0,:.4 0 0 0 0 0 0 0 C.:0 0(5 C...•0<lc'0,' C-3, General Commercial 111111iIiiiikk I-1, Restricted Manufacturing 4ilt..4 4, ix )0000000< c)000000404)0,:.<;•()0•,-0o0i &Warehousing ill # • ... )0c,-...7,0,70000000c.,0c,000000;•)00000 W )0 0 0 0 r)0 0 0 0 0:-%0 0.0 0 0 0•:.>0 0 0<:,'0 I.>0 0 0... %' ••• 1-2 General Industrial 11111111110i* • - IM -00 C.c.s 0 0 0 0 0 0(.5....7.'•0‘..)0 00•:-.‘.0 0‹.>0 0 0 0 0 0 4*..it. PUD-Low Density Residential /--111. '.>C-0,,:`,0 0 0 0 0 00 0 0 0 0 0(..."'0 0 0 0 0 0 0 0(1-•0<-1.-_,. t. ..,.. n >i:::o•f>oo c>o<-...00(eN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0::.1- NMI PUD-Medium Density Residential 1 I i I) $#$%11)1 r#,Si44tf.t t 0 >000000000000000000000000C•0•:>0. .5'.;.' PUD-High Density Residential i I A rAto gi p * >oc,,000c.00000,-)000000c,00c,-)oo<>oo ict >0--;:c•c-ze.>‹,c)<-.>0.->e,, ,Noc>o<•000,:><:000i,-,,-.. $06 Water - ------ 1 Patti I 14 2 .- - - - Unclassified _ SIXTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Maguire Road Self Storage) THIS SIXTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Sixth 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 11, 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, as amended by the Fifth Amendment hereto dated May 6, 2003, 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 006292120. WHEREAS, the County and the City have the authority to enter into this Sixth 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 within the corporate limits of the City of Ocoee, consisting of approximately 4.92 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 "Professional Offices and Services" to "Commercial" (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 Sixth Amendment; and -2- 006.292120. WHEREAS, the local planning agencies of both the County and City have considered this Sixth 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 Sixth Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission; and 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 Sixth 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. Section 3. Definitions. All terms and phrases used in this Sixth 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 "Professional Offices and Services" to "Commercial". 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 be amended to incorporate this -3- 006.292120. Sixth 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. 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 Sixth Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS By: County Chairman DATE: ATTEST: ,County Comptroller As Clerk of Board of County Commissioners Deputy Clerk 006.292120. -4- CITY OF OCOEE,a Florida municipal WITNESSED: corporation By: Printed Name: S.SCOTT VANDERGRIFP, Mayor Attest: Printed Name: JEAN GRAFfON,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 006.292120. -5- 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 Of not legible on seal): My Commission Expires Of not legible on seal): 006.292120. -6- Exhibit"1" The North '/ of the South ' of the North V2 of the Southeast '/4 of the Northeast '/a, Section 31, Township 22 South, Range 28 East, Orange County, Florida(less the east 40 feet thereof for road right-of-way). -7- 006.292120. ORDINANCE NO. 2003- 15 CASE NO. SSPCA-2002-009: Maguire Self Storage Comp. Plan Amendment AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "PROFESSIONAL OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance #91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner or owners of certain real property (the "Applicant") within the corporate limits of the City of Ocoee, Florida has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-02-009 in order to amend the Future Land Use designation of certain real property containing approximately 4.92 acres, more particularly described in Exhibit "A"attached hereto and by this reference made a part hereof; and WHEREAS, Amendment Number SSCPA-02-009 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on March 18, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-02-009, conditioned upon approval of an amendment to the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the"JPA Agreement"); and WHEREAS, on May 6, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-02-009; and WHEREAS, all required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee(`Ocoee Land Development Code"); and WHEREAS, the City has required that this Ordinance not become effective until such time as the JPA Agreement is amended to allow for Commercial land uses on the real property 006 292139. described in Exhibit"A" attached hereto (the `JPA Amendment") so as to cause this Ordinance to be consistent with the JPA Agreement. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan of the property described in Exhibit "A" attached hereto and by this reference made a part hereof and containing approximately 4.92 acres, is hereby changed from "Professional Offices & Services" to "Commercial". A map of said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-02-009 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 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-02-009 is in compliance. In the event the WA Amendment is not delivered to the City by one-hundred eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. 2 006.292139. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY and LARDNER By: City Attorney 3 006.292139. Exhibit"A" THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD RIGHT- OF-WAY), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89°29'11"EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 002159 EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 893011 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH 001450 WEST ALONG THE WEST LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 167.17 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES, MORE OR LESS. 4 006 292139. Exhibit"B" Location Map Maguire Road Self Storage PUD \\,. ��s►*�rt1 +iw#`*�- ■S I ►� •'.,': = •��Q �,it ySt �.\I f? 11 NINIMIONI "or awn mama wit re Err,racui:01 • %mums Ex• o� �+� ���►I�� � .�d11 1a stm1 twihn111u1u m • II�'N1s�; aussuiro ovar4v4", III 11I II1 l II 111/1744 z°ORRi. ♦ � 1111S1w 11111I1 11,� w' ♦r ♦ � `■ ■ iMu �h= \igin. 1111 riIij • .1i�sia L�- � C LefAida,N 1 ■ 16 .. ♦I ik ♦4 � =11MtIIuInf!ri 1% 5 e tot 010,'A% I.* .411111 I ��� " • �1Il►� a:� or 11111 I1 lea (.0\/ , MIN -- 2 um ME IN v -wari-sbmantik E - SO R 1 M 01 RD 44 1� -IuIlIu,IIlv- - 'a W �� Cg CI 1 J� CC ��iiij�te CD . 01 *twit. . U I I *� E. Oros ♦����� ♦ ♦am. ♦i nss1r� ss>NII N �;4 A 4shh10+! ie1 al11�11r = i imi lim fsistitt ea — must 1 0 ritlIPW\LT4 l, oils E smug 5 006.292139. 4 ORDINANCE NO. 2003-16 CASE NO. RZ-01-07-02: Maguire Self Storage Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-3, "WHOLESALE COMMERCIAL DISTRICT", TO OCOEE PUD "PLANNED UNIT DEVELOPMENT" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 4.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 4.92 acres of property, as more particularly described in Exhibit "A", from Orange County C-3 "Wholesale Commercial District", to Ocoee PUD "Planned Unit Development"; and WHEREAS, at such time as Ordinance No. 2003-15 becomes effective, the rezoning requested by the Applicant will 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 Commercial land uses on the subject property,the rezoning will be consistent with the JPA Agreement; and WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, on March 18, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved, conditioned upon approval of a Small Scale Comprehensive Plan Amendment to the Ocoee Comprehensive Plan and further conditioned upon approval of an amendment to the JPA Agreement; and 006.292130. WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041,Florida Statutes; and WHEREAS, the City has required that this Ordinance not become effective until such time as the JPA Agreement is amended to allow for Commercial land uses on the subject property (the "JPA Amendment"), so as to cause the rezoning to be consistent with the 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 4.92 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County C-3 "Wholesale Commercial District", to Ocoee PUD "Planned Unit Development": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT"B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon the occurrence of the following: (a) delivery to the City of the WA Amendment which Amendment has been executed by both the City and Orange County, and (b) Ordinance No. 2003-15 becoming effective. In the event a JPA Amendment is not delivered to the City by one-hundred 2 006.292130. eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall be null and void and of no further force and effect. PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 3 006 292130. EXHIBIT"A" THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA (LESS THE EAST 40 FEET THEREOF FOR ROAD RIGHT- OF-WAY), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH 89°29'11"EAST ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.54 FEET; THENCE SOUTH 002159 EAST ALONG THE WEST RIGHT-OF-WAY OF MAGUIRE ROAD, 167.54 FEET; THENCE SOUTH 893011 WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 1279.88 FEET; THENCE NORTH 001450 WEST ALONG THE WEST LINE OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, A DISTANCE OF 167.17 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.916 ACRES, MORE OR LESS. 4 006.292130. EXHIBIT "B" Location Map Maguire Road Self Storage PUD ■ihrts, 11it ♦ �%• \- _____ \ t;;;. k,,c,\ 1011#;$711 ri If *Allan qui IM , th *Ill IlLgag R :411111 1011MM It. k'• *dinging 11111111V1/1111% Val - x., .4 COM MIIIIMMI mit 41 wirrEETy,-1:0-4„,,, _ VInils iiiie",.. no% iniiiniViklif ' 1 gaii, 4, # 4 apt irifaggili lbw�`�j♦j+•♦♦♦�' sf/�,�`s #411 i71.PR B C ►+.•/:, . 1111■11■1 ..,e 4k .,4 Emir. u Imp ill 4�� r�jj �44 J1■11111i ■t3J�)In a ' , ,� s 0,�. /OM�■■�I'►� LPL iI 11111111\ . 0�, d�-- 0IIIM AWilt. J 111111�► 4iiimalll -� 11r.01 Ul;di I,�;;LL_ U l c-1 tri1II111111111►� .L.Ka111U JERSO R MOOkE_RD I I t 111 f I APIIIIMM% in 41%MilirRIP ed IL J 10* i% m 10.11W41 P . Avot ' c.:3: ssii:S41441111,- . .17. — II #.. 4 4111114 vi 4tfra, 7_ rullititts 0 m 111 rrrl/� 444 = ■uuuuil icil;q ���•41ad ■���• 5 006.292130. ORLANDO SENTINEL Thursday, April 24, 2003 CITY OF OCOEE NOTICE OF PUBLIC HEARING ON THE PROPOSED MAGUIRE ROAD SELF STORAGE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, JOINT PLANNING AGREEMENT AMENDMENT,INITIAL ZONING NOTICE IS HEREBY GIVEN,pursuant to Section 45 B.,Ocoee Land Development Code,that on Tuesday.May 6,2003,at 7:15 p.m.,or os soon thereafter as practical,the OCOEE CITY COMMISSION will hold PUBLIC HEARINGS at the Ocoee City Commission Chambers, 150 North Lakeshore Drive,Ocoee,Florida,to consider the following re- quests by the applicant:a Small Scale Comprehensive Plan Amend- ment changing the Future Land Use Map deslgnotlon from(Orange County)"Professional Offices and Services'to(Clty)'Commercial and an Amendment to the Joint Planning Area Agreement changing the Future Land Use Mop designation from'Professional Offices and Ser- vlces•to•Commercial•;and Initial Zoning from(Orange County)C-0 Wholesale Commercial District"to(City)PUD'Planned Unit Deve1• MAGUIRE ROAD SELF STORAGE PROPERTY INITIAL ZONING opment';on property containing 4.92 acres and located approximately one block north of Roberson Road on the west side of Mogulre Rood.. AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING urns • ) THE ZONING CLASSIFICATION FROM ORANGE COUNTY C-9, 'WHOLELocation Map I UNIT DEVELOPALE MENT RFORLCEIRTAINTPRO ERTOCOY CONTA NING AP- elfe Road Sett Storage PUD PROXIMATELY 1.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ROAD ON THE WEST SIDE OF MAGUIRE I v.-tt sy •e0e� • __J. ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROP- ' s . Cis• ,.'. ``� ERTY OWNER;PROVIDING FOR AND AUTHORIZING THE REVISION •.`, .. es,,s� s,' . --l► �'��- OF THE OFFICIAL CITY ZONING MAP;REPEALING CONFLICTING 1- trn t7rN 8, Ni. ORDINANCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR ss tilt •ttr� e� AN EFFECTIVE DATE. i-%' •tQun uHs►� rs I .„4 I /If mHnt ttttt /V it.)I f i, The City Commission will review the proposed Small Scale Comprehensive lwe0p It lap I I V Plan Amendment,Amendment to the Joint Planning Area Agreement,and `y"'olnlli ah t;r,•,.:_ -1 r Initial Zoning,to determine whether they meet the requirements of City of 7• /I',�oliulit!in I I Ocoee-Orange County Joint Planning Area Agreement,and City's Land De- . v1/Ihnl�llpxlm► G1L'_r.7t.IInID velopment Code. smt ' pOp�,_ .�4t': , I 1pgalo! The complete case file,including a complete legal description by metes and bounds,may be inspected at the Ocoee Community Development Depart- • y a a„' h. meet,150 North Lakeshore Drive,Ocoee,Florida,between the hours of B:o0 ; � �: s`�-'t ua t , s Z./ i a.m.and 5:00 p.m.,Monday through Friday,except legal holidays. .. r Ina' NHnO-r !''1^1 • The City Commission may continue the public hearings to other dotes and M-. Cj- times,as it deems necessary.Any Interested party shall be advised that the • ..c' w j. I l 1 dotes,times,and places of any continuation of these or continued public i"� ���~' t:0 hearings shall be announced during the hearings and that no further notices -'1'7:'. s�� (IIIY regarding these matters will be published. i 0 ' cis � Interested parties may appear al the public hearings and be heard with res- it. M�" I pact to the proposed Annexation,Small Scale Comprehensive Plan Amend. •', r /I� most,Amendment to the Joint Planning Area Agreement,and Initial Zoo- i r�\*Uu,xl dal Inc.Any person wishing to appeal any decision made during the public �,�„ � hearings will need a record of the proceedings and for this purpose may d,�Lr' [.........T.I.--�'- need to ensure that a verbatim record of the proceedings is mode which n- -,L :4�,"%"i;�,4�p with dl disabilitiesneeding o sistanc the testimony and evidencee to particpon ipath e In any of the proceedings e appeal Is aZ71 4 ts� uf,, ,.'.c should contact the City Clerk's Office 4 hours in advance of the meeting at 1�ei (407)905.3105 ':'c s •r,� I -�� JEAN GRAFTON,CITY CLERK ••:i'r. \, I OL54992829 APR.24,2003 II k1 N 'L1i1Tt11 fir., nt ns„ � .aa-.I+hi%, t jt4, ell 1 ORDINANCE NO.2003-15 CASE NO.SS•2002-009 Parcel 1.0.:07.22.28-0000A0-049 • MAGUIRE ROAD SELF STORAGE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE CITY OF OCOEE,FLOI}IDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER' 18, 1991 BY ORDINANCE N0.91.28, AS AMENDED,AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM 'PROFESSIONAL OFFICES 6 SERVICES'TO*COMMERCIAL,'CER, TAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.92 ACRES LOCATED APPROXIMATELY ONE BLOCK NORTH OF ROBERSON ROAD ON THE WEST SIDE OF MAGUIRE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;PROVID- ING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FU-' TURF LAND USE MAP;REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2003.16 CASE NO.RZ-01-07-02 Parcel I.D.:07.22-2S-0000.00-00