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HomeMy WebLinkAboutVI (B 1&2) Richard Doss Small Scale Comprehensive Plan Amendment and Rezoning Parcel A & B G Agenda 9-16-2003 b� (• Cellter of Good LItem VI B 1&2 Iv11i . oniinissinners �' _ Danny [lo��c�1L District 1 S. Scott \"ander`�rift Dj(�;,'� ems•. _ = Scott Anderson. District jy Rust- Johnson, District Cite �[an���'er �I� � "_. �i ___ Nance J. Parker, District t Jim Gleason _�''> -pry _�_ STAFF REPORT DATE: August 15, 2003 TO: The Mayor and City Commissioners �J FROM: Terry L. James, AICP, Principal Planner Wagner, ICP, Community Development Director V.,/ THROUGH: Russ _ SUBJECT: Richard A. Doss, Jr. — Case# RZ-03-03-03 and#SSCPA-03-003 - 2nd Readings on the following: Rezoning: Ordinance 2003-28 (Parcel A) Small Scale Comprehensive Plan Amendment: Ordinance 2003-29 (Parcel B) Rezoning: Ordinance 2003-30 (Parcel B) ISSUE: Should the Mayor and City Commissioners approve a change to the Future Land Use Map from "Low Density Residential" to "Light Industrial" and approval a&Zoning Map Warehous'ha)g fofe from R-1M (Single Family Dwelling) to I-1 (Restricted Manufacturing Doss Property? BACKGROUND: 401, The applicant's request involves a 1.66-acre parcel, ID 17-22-28-6144-04-111 (hereafter, to referred to as Parcel A), and a 0.366-acre parcel, ID 17-22-28-6144-080 subject (Mere aterbo referred on as Parcel B), as shown on the attached location map. properties the south by West Columbus Street, on the north by West Orlando Avenue, on the west by South Kissimmee Avenue, and on the east is east ofby the ew Fire Stheleailroad tracks.n #1 now The properties ion. Parcel A is west of the railroad tracks and B ihave one residential structure, two sheds, mature trees, and a pond located on the northwest corner of Parcel A. Cumberland Avenue road right-of way was abandoned by the City for construction of the new Fire Station #1. This right-of-way is split down the road centerline to provide an additional 0.05- acre to Parcel B, making it a 0.366 acre parcel. The applicant is requesting the rezoning of both parcels from R-IAA (Single Family city Dwelling) zoning classification to 1-1 (Restricted a Small Scalecturing and Comprehensiver Plansing)Amendmengt to change the Rezoning Parcel B wouldrequire "Low Density Residential" future Land Use classification to the "Light Industrial" future land use The Honorac'a '.'a';or and Cit;; Commissioners August 15. 2:23 Page 2 of 8 classification. Future land use classification of "Light Ind eheal"for op Parcel is consistent with the above requested rezoning and will not require a comp The current land uses in the general area surrounding the subject properties are as follows: DIRECTION CURRENT LAND USE North Vacant, •artiall wooded South Residential and commercial 1123311111111111 Vacant, •artiall wooded MSNM Manufacturing and warehousing Future Land Use Map classifications, as shown on the attached Surrounding Future Land Use Map, are as follows: DIRECTION FUTURE LAND USE CLASSIFICATIONS - North Light Industrial and Low Densi Residential South Light Industrial Professional Offices&Services and Low Densit Residential 1110911111111 Heavy Industrial and Light Industrial Zonin classifications, as shown on the attached Surrounding Zoning Map, are as Existing 9 follows: DIRECTION EXISTING ZONING CLASSIFICATIONS North R-1-AA/Si .le Famil Dwelling South I-1/Restricted Manufacturing &Warehousing 101.1111111 P-S/Professional Offices&Services and R-1-AA/Single Famil Dwelling MEM 1-2 General Industrial and I-1/Restricted Manufacturing &Warehousing As stated above, the rezoning request for Parcel B is not consistent with the Future Land Use Map contained in the City of Ocoee Comprehensive Plan. Infrastructure Considerations Utilities: • Water: City water is available for the property. There is a 10-inch potable water line on Kissimmee Avenue adjacent to the property. • Sewer: There is a 20-inch sewer line adjacent to the property. • Draina e: Currently, the site plans (date stamped "Received January 14, 2003") for thea Ocoee Fire Station # 1 utilizes the Cite Western boundary of wned abandoned iPaa el B d and effectof ely drainage facility. This facility is on th severs this parcel from the larger parcel, Parcel A, to the west. The Honorable Mayor and City Commissioners August 15, 2003 Page 3 of 8 Transportation: Current Level of Service Standards OF ADOPTED ADOPTED LOS CURRENT LOS LOS STANDARD ROADWAY FROM To STANDARD STANDARD CAPACITY 40% White Rd.Orlando Ave. Bluford Ave. Kissimmee Ave. D D A 4A 86% B Maguire Rd.- Story Rd. 11111-111111 61% Bowness Rd. D Maguire Rd.- Kissimmee Ave. Silver Star Rd. Bowness Rd. —© A Lakewood Ave. Silver Star Rd. _ EEEMIIIBluford Ave. White Rd.- D 80% Orlando Ave. Bluford Ave. White Rd.- D Orlando Ave. D 20% Bowness Rd. D B 79% Kissimmee e. Sto Rd. 69% - Kissimmee Ave. Bluford Ave. ■�_ Sto Rd. Wofford Rd. Kissimmee Ave. tained in Current levels of service are at or above the adopted level Rodfto serviceKisstandarAvon and Blufo Coed level of mprehensive Plan. Only Bowness Road (from Story d Avenue (from Geneva St. to White Rd.-Orlando Ave.) are op ra ingott the ease adoptimpact this service standardand use change andrezoning These roadwaY lvel of service standards proposed future Existing &Future Roadway Plans • Kissimmee Avenue (western boundary of Parcel A): This north-south arterial roadway is of Maguire Road-Kissimmee Avenue-Maguire Road Extension co n the nnects comprised g ka Road. This roadway isdepicted with Bowness Road/Ocoee-Apopka20 Comprehensive Plan Roadway Improvement aasterr Plan 020 map as a ovecandidate mpment for future improvements. Additionally, this roadway is also lan (Figure 3-10) of the Ocoee Transportation Master Plan for umin mum right of way is re widening to 4 lanes. Subsection 6-3B of the Land Development Code states that the 100 feet; however, the City Engineer indicates that 120 feet would be needed for the future widening. West Orlando Street (northern boundary of Lots A & B): The City has planned for this • to connect Bluford Avenue and South currently unpaved and unimproved roadway Kissimmee Avenue-Maguire Road Extensio (O(Ocoee I be a westernextenTransportation asiolnn0 lando : Figure 3-10, page 3-34). This two-lane paved roadway Avenue-White Road. The entire roadway willfunctionielro'adwaya 60 feet accordinglto the The minimum right of way for an urban co Subsection 6-3.B. of the Land Development Code. • Cumberland Avenue: As indicated above, this t2002) and adds appro�mately Ot05 City with Resolution 2002-16 (adopted August 20, acres to Parcel B. i jp e '.'ayGr an a Co nm,sslOfers Pace wid ning The Kissimmee Avenue-Maguire Road-Maguire Road ss mmee Aventension ue and MaguireandRoadwill west'of extensive realignment of the intersection of K requirements. Furthermore, the Parcel A in order to maintain operational and safety re qt intersection of Kissimmee Avenue-Maguire Road-Maguire tguire Roonad Extension since thd Orlando Street-White Road will require enhanced intersection will join a major east-west collector whsafety fet 1oand �operational considerations,h-south arterial. As a off these intersection improvements and trafficY driveway access should be limited in proximity to this future intersection. Natural Resource Considerations • Wetlands: There are no significant wetlandson the Comprehens�ee�Plancordagdscape to the following citations from the City of Ocoee Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation on the Future Land Use Map. • Flood tains: There are no floodplains on the subject property according to the Flood Q Insurance Rate Map, and according to the following a d 100-YearrF Floodplain" (Figure 4) of Ocoee Comprehensive Plan: "landscape Associations and the "Conservation/Floodplains" land use designation on the Future Land Use Map. • sub ct erty Historic Resources: There are no known iand Currentsric resources on RecreationeFace ti s'rop the according to the Figure 5: "Historic Resources Comprehensive Plan's Future Land Use Element. Land Use Considerations Parcel A: The proposed rezoning to I-1 for Parcel A is coneneeall nt wconfined to the ath the Future aea west of the City- nd Use Map. The "Light Industrial" future land use classification is g Y owned railroad tracks. The minimum lot width of 150 feet (Article V, Table 5-2) is satisfied by the 388-foot frontage on Kissimmee Avenue. The South Kissimmee Avenue-Maguire Road fencegommerc al landmeasured use directly west southwest corner at West Columbus Street to the of the is approximately 70 feet; the required right of way will be 120 feet. 60 feet from e Accordingly, Parcel A should dedicate that portion of the lot sAvenue Magu�eituated within eRoad Exte siohn. roadway centerline for the portion of the South Kissimmee This is estimated to result in 20-25 feet of the pe o ementnof g ah sIcated property or wth'Sha-60-day This dedication should be required prior to de p notification from the City as specified in a Development Agreement and include limited access to the site from Columbus Street only. • The Honorable P.iayor and City Commissioners August 15. 2003 Page 5 of 8 Par_ The "Light The proposed rezoning to I-1 is inconsistent confined to areas rwest oe df t eeClity--owned railroad ap. Industrial" future land use classification is tracks. East of these tracks, the future land use is "Low Density Residential" with the exception of"Professional Office and Services" on the east boundary of Parcel B.T e acecal land l the souuth for the above uture land use classification and the "Low Density s the Ocoee Fire Station# 1. Low-density residential land uses predominate north and northwest of Parcel B. Directly north is the Hidden Oaks Subdivision. Current plans for Fire Station # 1 utilize the railroad tracks effectively severs Pahcea Blroad tracks as a component of te t fromm ge system. The utilization of these abandoned Parcel A to the west. As a result Parcel B would have to be developed independently under this rezoning since it cannot be joined with Parcel A. There is no minimum lot size based for I-1 zoning;Ihowever,150 feetclThe frontage on Parcel l3 is e V, Table 5-2 of the-Land Development Code states the minimum lot width fo 123.59 feet including the additional 30-foot right of way from Cumberland Avenue and narrows to 94.89 feet at the rear of the lot. DISCUSSION: Par- Staff recommends the rezoning request for Parcel A be approved for the following reasons: • The requested rezoning to I-1 is consistentnwith the Futstrure Land useUse Map and is bounded on the north, south and west by compatible op i • The parcel meets the I-1 zoning classification minimum frontage of 150 feet required under the Land Development Code; and • The requested rezoning is consistent with the surrounding industrial development. Par- Staff does not recommend the rezoning and small-scale comprehensive plan amendment request for Parcel B be approved for the following reasons: • ap The requested rezoning to I-1 is inconsistent tib ewith LoweFuture Land Use Dens'i y Residential nfuturen and d is bounded on the north and east by income uses; • The requested rezoning is inconsistent with the existing residential land uses zoned R-1 AA to the north and northwest; • The parcel fails to meet the I-1 zoning classification minimum frontage of 150 feet as required under the Land Development Code; There is no paved access from West Orlando Street to this parcel. ir. r 3noradie l,,la;, ;-d City Commissioners rt 15. 2003 nn rv� .i o1 V RECOMMENDATION: Staff recommends approval of the rezoning of Parcel A from R-1AA (Single Family Dwelling) to 1-1 (Restricted Manufacturing & Warehousing) since the requested rezoning is consistent the Future Land Use Map, is compatible with the surrounding existing land uses, meets the minimum lot frontage of the requested rezoning,Theand eQezoning uate roadway ecommended toaccess to pbe Restricted Manufacturing & Warehousing. proposed approved subject to execution of a DevelopmentAvenue and drest ement cling providing essdto'onal the propertyaY on from Maguire Road and South Kissimmee Columbus Street. For Parcel B, Staff does not recommend approval of either the small scale Comprehensive Plan Amendment from Low Density Residential to Light Industrial or the rezoning from R-1AA (Single Family Dwelling)to I-1 (Restricted Manufacturing &Warehousing). th the Future Land-Use The small scale Comprehensive Plan Amendmentthe existing not consistent ' to the north and Map. The rezoning is not consistent with single-family residences northwest; furthermore, the property does not meet minimum lot frontage or have adequate roadway access to support the request zoning. PLANNING &ZONING COMMISSION LOCAL PLANNING AGENCY RECOMMENDATION: At the July 8, 2003 meeting the Planning & Zoning Commission reviewed the application for Rezoning and Small Scale Comprehensive Plan Amendment by Richard A. Doss, Jr. The applicant and his daughter made statements during the public hearing; one citizen also spoke on Mr. Doss's behalf. ssimmee Mr. Doss stated he would not agree to thee dedication Development Agaeemene ofor Pad-Klarcel A sincenhe right-of-way contained in the recommend previously donated land for the widening of Parguire cel BRoad and Ksimmee beca se he did not havenaccesns to the r. Doss also stated that he was unable to build on property. The Commission engaged in a discussion concerning the two parcels: • For Parcel A, the Commission reached a connethat future D provements to ss should not have to dedicate any more of his land for the ght of-ay for the Maguire Road and Kissimmee Avenue. • For Parcel B, the Commission expressed concern over the lack of access to the parcel. The Community Development Director stated that the property did have access over an unimproved right-of-way (West Orlando Avenue) and that if Mr. Doss wished to develop Parcel B, according to the Land Development The Commission on questioned thende, he would be uired to the reason for ed access to the property at his expense the City should consider paving the access at the applicant's expense and suggested paving the access road for Mr. Doss. The Honorable Mayor and City Commissioners August 15, 2003 Page 7 of 8 ent The Community Development Director indicated that e tior n This requirementl A, the rsaves theCity reement was consistent with past practices of right-of-wayn the funds that would normally be spent for right-of-way impacts acQs that will need to abe accocmmodated as tual roadway construction and recognizes the increased trafficp a result of rezoning to a higher density. The subsequent roadway right-of-w .raysmThe Community would also enhance the value of properties located along these dedicated this Development Director also stated that for the ( B, the cost for restrictive budgethfo the e City tCibu'ofd Ocoee, ess roadway would not be small, and that expenditure for projects other than those for a specific"public purpose" are highly unlikely. The Planning and Zoning Commission passed the following motions as recommendations to the City Commission: For Parcel A, recommendation to approve the rezoning application to change the current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing &Warehousing (I-1) zoning classification without the Development Agreement restricting access to theovided for ltproperty fromway on Maguire Road and South Kissimmee Avenue Columbus Street. For Parcel B, two recommending motions: • Denial of the Small Scale Comprehensive Plan Amendment entri o amend the future land use classification from Low Density Residential to Light Ind • Denial of the rezoning application to change the current Single Family Dwelling (R--1-AA) zoning classification to Restricted Manufacturing & Warehousing (I-1) zong classification. STAFF RECOMMENDATION: Based on the recommendation of the Planning and Zoning Commission, Staff recommends the following: • Adoption of Ordinance 2003-28 approving the rezoning of Parcel A (1.66 acre) from current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing &Warehousing (I-1) zoning classification, but still subject the approval to execution of a Development Agreement pro este add ditaccelssgtoht theapropeMagrom RRoad and South Kissimmee Avenue a Columbus Street. • lan Denial of Ordinance 2003-29, providing for the utull cale Comprehensive reSand use classification fom Amendment on Parcel B (.366 acre) to amend the fLow Density Residential to Light Industrial and denial of Ordinance 20033-30-(.33)6zoning c i ), providing for the change from the current Single FamilyDwelling las-1-AA ) . classification to Restricted Manufacturing &Warehousing (1-1) The Honora'd'e Mayor and City Commissioners _gust 18. 2CO3 age8of8 Attachments: Copy of Public Hearing Advertisement,dated August 21, 2003 -- Location Location Map— Surrounding Zoning Map — Surrounding Future Land Use Map Ordinance 2003-28(Parcel A Rezoning 1.66 acre) Ordinance 2003-29(Parcel B SSCPA.366 acre) Ordinance 2003-30(Parcel B Rezoning.366 acre) Development Agreement(unsigned) O:\Staff Reports\2003\SR03072 CC.doc ORLANDO SENTINEL Thursday,August 21,2003 Parcel ID 8:17-71.28.6144.04.111(Parcel A) Case 4:RZ•03-03-03 - Ordinance H:2003.28 CITY OF OCOEE Doss ReIoning Ordinance 1.66-Acre Parcel NOTICE OF PUBLIC HEARING AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE I ZONING CLASSIFICATION FROM OCOEE R-1AA'SINGLE FAMILY i ON THE DWELLING'TO OCOEE I.1 'RESTRICTED MANUFACTURING AND I RICHARDA.DOSS SJWAREHOUSING'FOR CERTAIN PROPERTY CONTAINING APPROXI- RQONINGtkSMAILSCALE COMPREHENIVEP(ANAMENOMENT MATELY 1.66 ACRES LOCATED NORTH OF WEST COLUMBUS De- EXIETING RAILROAD EST ORLANDO RAORS VTO THE WEST OF THE APPLICATION NOTICE t HEREBY thataGIVEN,v,Septet bo Section2,20 4-5t :1,Ocoee Land soon THORIZING THE REVISION OF THE PURSUANTTTO TPP IC MAP; ve thereafter h rementas practical the heOCOEE CITY COMMISSION willlhold assB- SUBMITTED YTHTHE IPROPETING ORDINANCES;OWNER; PROVIDING FOR ANO ARAU- LIC HEARING act,the lorida, Commission Chambers, st Northe Lake- ABILITY;REPEALING PROVIDING FOR AN EFFECTIVE DATE. shore Drive,Ocoee,Florida,to consider the following request by the appli- Parcel IDM:17.22-28-6144-04-080(Parcel B) SEVER- cant: The mbusiSgt ofe a 66 acre parcel located the northeast of West Case M:SSCPA•03-003 re Columbus Street and South Kissimmee Avenue from Single Family Dwell- Ordinance N:2003.29 ing(R-1-AA)to Restricted Manufacturing&Warehousing(I.1).The smalatl- Doss Comp.Plan 0.366-Acre Parcel south comprehensivertcorner ofplan amendment for the acre parcel andlocatedSouth AN ORDINANCE Amendment THE t 0. 6-Acre EE,FLORIDA AMENDING THE southwest and rhes subsequente the Intersecting of West Washington parcel mStreet Bed AN OED COMPREHENSIVE Y OOF C ADOFLOR OA AMENDINET 1E - r�mberland Avenue(vacated)from Low Density Residential to light In- 1991 BY ORDINANCE NO.91.28,AS AMENDED,AS FOLLOWS:AMEND- Dwell n9(R 1hAA) o Restr'Ictedging of the Ma Manufacturing Warehousingn(I.1)Family ' ING THE FUTURE LAND USE MAP TO REDESIGNATE FROM'LOW PDENSITY ROPERTY RESIDENTIAL' CONTAINING APPROXIMATELY 0.366 ACRES LOCATED SMALLSCALECpYPnWrIMN4S4.1-/M SSCPA OO P[ION[le - G wcwactiooss.�a NORTH OF WEST COLUMBUS STREET,SOUTH OF WEST ORLANDO CAS[MYYe[ocknoN AP WOO AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS PURSU- LooAnoNt4Ap ANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWN- --+—•-- , ER;PROVIDING FOR AND AUTHORIZING THE REVISION OF THE DFFICIA SF PROVIDING FOR SEVERABILITY; PROVIDINGFOR AN G CONFLICTING OR- \--..., ��e' ��� EFFECTIVE DATE. / r Parcel ID It:17.22.28-6144-04-080(Parcel B) /(�redN� 11111111111 Case✓t:RZ-03-03-03 gai �! o Ordinance 6:2003-30 FLORIDA,��. Doss Rezoning Ordinance 0.366-Acre Parcel ''\\\ )_:', ..1, : Oil.;�®.. AN ORDINANCE OF THE CITY OF OCOEE, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-1AA'SINGLE FAMILY DWELLING' TO OCOEE 1.1'RESTRIOTEO MANUFACTURING AND /z�\ p• WAREHOUSING'FOR CERTAIN PROPERTY CONTAINING APPROXI- A rtb�y0^N0; MATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS ��PQ �;-• 'I.-IiErI ®�� NUE AND EAST OF THE EX- SSTINGARAIILROAD TRACKS PURSUANT ETO THE APPLICATION SUB- ,,,,,,,��- MITTED BY THE PROPERTY OWNER;PROVIDING FOR AND AUTHO- RIZING��. THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTFORING ORDINANCES;EFFECTPRODTE DING FOR SEVER" TY; _1 The City Commission will review and take action upon the request(s)and r_-.- proposed ordinance(s)listed above,to determine whether they meet the re- 111111 N ss quire encs of City of Ocoee-Orange County Joint Planning Area Agree• w s E ` `s ment,and City's Land Development Code. _r_,._t: - '-'°�sIiL�H'.4-1I1 •� The complete case file,Including a compete legal description by metes and '- menl,150 North Inscted at the Ocoee Lakesha a Drive,Ocoee,Florida,libetween ty lthe hours opment of 8:00 , bouns,may epart- ' a.m.and 5:00 p.m.,Monday through Friday,except legal holidays. • The City Commission may continue the public hearings to other dates and advised that te dates,times,and placesorof any continuation of Interested hesell orrecontinued public r o hearings gsg thesemattersa none dl during e the hearings and that no further notices rdi Interested parties may appear at the public hearings and be heard with res- pect to the requested actients)and proposed ordinance(s)listed above.Any person wishing to appeal any decision made during the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings Is made which Includes the testl- many and evidence upon which the appeal is based. • Persons with disabilities needing assistance to participate In any of the pro- ceedings at should 905-3105oatthe City Clerk's Office 48 hours In advance of the is JEAN GRAFTON,CITY CLERK 8/1103 ,I OLS5190644 SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND REZONING RICHARD A. DOSS, JR. CASE NUMBER: RZ-03-03-03 &SSCPA 03-003 LOCATION MAP t pit • • • ''� , . .� - :moi -. • g . :: :: ..•• „ •• / i irk-6ND . . r.'.'„. • P • ' .' ..... .. .• .• -.- ..... •• >* • . NEENE ..Ng. „,..,.. _..:,,: • 1 ......... ..•• •... ...: . :f.t.,::....::.....:::„.:,„.,:;,..„,, r 1. El . ... . ... • .:::.% ..8 ...... ...... . ......,....:.. :....: .:...:•:•:,..: .:....::•:•'.:1•,..•:• ;.• -N.IN .. .. ... • T+:x:-13• �-i SUBJECT PROPERTIES . • • : .._.. . : g . . . . 8 ........ k..... , ...... „, ,.... -2' 0 0 M I Ao -0 C)C) "07J737J7J 07J7J1> 1:0D3 D3 0 CN Z 7 � CCCCN 'WN .�a (pWN Tia _a.+� N� m _ yvvvv + - wQ i.O c') Cr- 0� mGIOZ-0g0- U?" , O ti c) w o P `° S ca) .. . v ) n •�� �W N ✓ a ". CDD � W CJI a 7 ' 0 0 W = - to < . D CD OA /0 = •.2 cD p gyd MIMI °' (p0y ' - o a N • r,tr. m ? to S � ' mZ co o o 11L11 Kir ■::r ■::■::■ :■: ■: co N. .■ 5:..........,....................................................................:.................................• r� w ) is. :a! ■ ! 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I(0.01'...'...910-5t.;,..At III \ ; ; ; ; ; .4.:,..:- .- ihi—J=.."----"......... - 6.-..lt. 11111111111100 ri,— t*�; , f iiiiiiflUO aN a�Di Q_ Q p c=i c� R1 o n cn ci c� m 2 3 cn O c C ? - Z -a O O D N cD g O J8 o n (� tD •* (n 7 (p N N \ Ulli I Q II I O ....j _ o c : j 11111111 __ i L 4111 iL - I L 1111111 II aiiiiidiIIilIMii _iJ .IIIA I�..tt.t.ttt:; ■///////ld- ' - ■///////.� i ,,. - ■//////I : ''•, ./////////i • i� tt�tlt ttttttt I' _ i ttttttttt�l v • ORDINANCE NO.2003-28 CASE NO. RZ-03-03-03: Doss Rezoning Ordinance 1.66 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHA ING THE ZONING CLASSIFICATION FROM OCOEE R-1AA ` . NGLE FAMILY DWELLING" TO OCOEE I-1 "RE' RICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 1.66 AC ' LOCATED NORTH OF WEST COLUMBUS STREET,SOUTH OF ST ORLANDO AVENUE AND WEST OF THE EXISTING RAI OAD TRACKS PURSUANT TO THE APPLICATION SUBMITTED : , THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZIN HE REVISION OF THE OFFICIAL CITY ZONING MAP; REPE: ING k 1 • ICTING ORDINANCES; PROVIDING FOR SEVERAB TY; ' ' 6 I ING FOR AN EFFECTIVE DATE. WHEREAS, the owner or ow• - (the "App •• ant" of c4ain eal property within the corporate limits of the City of 0, .- - orida e su tted an application to the City Commission of the City of Ocoe-, s da e "Ocoee • Commission") to rezone approximately 1.31 acres of p pe , • o p. • arli cribed in Exhibit "A", from Ocoee R-1AA "Single F l ling" o 04 I-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, the onin qu- ed by the Applicant is consistent with the 1991 City of Ocoee Comprehensive ' 1 as set fo. in Ordinance #91-28, adopted September 18, 1991, as amended(the "Ocoee . - -nsi Plan"); and WHE ' ' o y 8, .13 the Planning and Zoning Commission of the City of Ocoee, Florida held a pu earing d recommended to the Ocoee City Commission that the rezoning be approved •• WHE '. A , th, •coee City Commission held a de novo advertised public hearing with respect to the pr t .ose' ezoning of said real property; and WHERE• ., this Ordinance has been considered by the Ocoee City Commission in accordance wit e procedures set forth in Section 166.041, Florida Statutes. NO THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY O . 0 COEE,FLORIDA,AS FOLLOWS: ECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this 4 rdinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 1• .,Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 1.66 acres within the 006.303648. corporate limits of the City of Ocoee, Florida is hereby changed from R-1AA "Single Family Dwelling"to Ocoee I-1 "Restricted Manufacturing and Warehousing": 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 passage and adoption. 006.303648. 2 PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA.APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 006.303648. 3 EXHIBIT"A" LEGAL DESCRIPTION: LOT 8 AND LOT 11,BLOCK'4',(LESS THE WEST 20 FEET FOR ROAD)LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE FOR THE SEABOARD COASTUNE RAILROAD, MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100, PUBUC RECORDS OF ORANGE COUNTY, FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 11 03'48"E,ALONG SAID WESTERLY RIGHT-OF-WAY LINE,395.45 FEET TO A POINT ON THE SOUTHERLY LOT UNE OF SAID LOT 11;THENCE N 89 51'39"W,ALONG SAID SOUTHERLY LOT LINE 224.29 FEET;THENCE N 00 00'00"E,388.20 FEET TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT 8;THENCE S 89 45'08"E,ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.860 ACRES MORE OR LESS. BOUNDARY SURVEY . • • 1 E^OZ Z Z Ha i'?f . I I ! °�, ORLANDO STREET �6O R/W) 'i !:I '': J i'S . I'R 589°45'03-E B.O.B. 148.4i 1•►. 2 P48 8 " 60.00 8 , a. • N o �p i D O i n 0 cm i'i b N t n — z rnr • W � 0,, '3 • 0 O D Lii cc U • o II c 0 ^ o NO IMPROVEMENTS NAVE BEEN 1 W Cr) I LOCATED AS PER.OWNER / W ooN N 'n Y , ,W B O O *8 2 2 0.0� �- N B9°SI' 79"W 2 24.29reR a/°' me rut I.R. COLUMBUS STREET (60 RAW) 4 006.303648. EXHIBIT"B" • Richard A. Doss, Jr. 1 .66-Acre Parcel Location Map 12? ro :, I I345 1 r :r'4 s� POND �1 I I vs . ` `�, v P., 1 It. .- ' I - - 1 7 ..,e_,r . '�'6.7T 1 . i. . Z W CO''JMSJ.ST. FP"?..7.:'77'7.7773. : :55 \ %Sic) r..... :345 : .. § g. 14.41 S i 43 iti — ri-- 1 C - - --3..4;- - - - 13::" 1 18 24 . 1— 143 — — — H - - 5 - 006.303648. t • ORDINANCE NO. 2003-29 CASE NO.SSCPA-03-003: Doss Comp.Plan Amendment 0.366 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDAD SEPTEMBER EG THE OCOEE COMPREHENSIVE PLAN AS AD 18, 1991 BY ORDINANCE NO. USE MAP TO REDESIGNATE LLOWS: AMENDING THE FUTURE LAND FROM "LOW DENSITY RESIDENTIAL" TO "LIGHT INDUSTRIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND EAST OF THEEXISTING RAILROAD THE TRACKS PURSUANT TO THE APPLICATION SUBMITTED BY PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE - REVISION OF THE OFFICIAPROVIDING FOR SEVERABILITY; URE LAND USE MAP; REPEALING - CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance # 91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-03-003 in order to amend the Future Land Use designation of certain real property containing approximately 0.366 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the"Property"); and WHEREAS, Amendment Number SSCPA-03-003 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and • WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency 3-e held advertised public hearing and recommended denial of Amendment Number SSd WHEREAS, on August 5, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-03-003; and WHEREAS, all required public hearings have been held 1-10 1terof due public e I, ofChanotice in pter accordance with Chapter 163,Florida Statutes, and Sections 1-8 d 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166,Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density1`B"oand by thisdustrial." A map of said land reference is made part hereof. herein described is attached hereto as EXHIBIT 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-03-003 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Ordinance shall take effect upon passage and adoption. 2 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 nnr.nnn.,Ae a EXHIBIT "A" _- ---- • --.-------- BOUNDARYSURVEY • LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11,BLOCK'4'.(LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD)AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO,MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A,PAGE 99-100,PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY UNE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 89 45'31"E,ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE;THENCE S 00 03' 18"E, ALONG THE CENTER LINE THEREOF,144.94 FEET;THENCE N 89 46'17"W,98.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03'46"W,ALONG SAID EASTERLY RIGHT-OF-WAY UNE,147.83 FEET TO THE POINT OF BEGINNING. CONTAINING 0.368 ACRES MORE OR LESS. — _ ________-- •--------' • ORLANDO STS (60'R/W) -• • 71•, 1I- I.P. P� rn-� S 89'45 31E 8.02. 124.27• '7w mo Y� 04.21 10.0 1 5O•CI' o i 8 . N 8 z Lt C S b 'c", m f't 4 Lim. n x rNp IHPRO'�EMEMS HAVE SEN \ D O `__ LOCATED ►S PEA.OWN£R / z t, _ .0 m • Vt. Z .3 Y C 7 - m iio 0 L►. N89°45 IT-W 96.0• °NW < . • D - II n. D1 . N i s rT) 0 COLUMBUS STREET (60' R/W) 4 nnC 7000AO , • EXHIBIT "B" Richard A. Doss, Jr. 0.366-Acre Parcel Location Map ___ _____ _ , ( I 1_ —• '----14.,..E&s3--ii 127 (-. T V,I v.i.A-S,-i IN G P.:_`1 ST , 1 1 .."•,... 'Is 61 /(/' \ ., art , , ,• i - „,, •t;-,..., r , I ... — POND II: 1 I . ,:;:;,• 'i,..1 \N. ,12'',.>;;-:j•1t- •fl - / \ Ire. \1 CR"24"42-21 AVE: 91s;iz 1 it---nn a 1 ...:7, hi 1 POND1 ; ...,..I. •raN • , - -- — --.Y.5--- — — ---1 —.1 V•N \ 1 1 / \ I ' 4 I 4 , .;” ,..5 \ 7 \ .61 t. 1 • -,,, f. •-, '..' a 1 NJ t- ,zt 10 1 I 1 1 /26/.7 (17 it 1 I I I li . I 1 I - ; _., .•'-' T.? ---------"--------- Vi Ct.:t.:JM;3J.S ST P ,VOt•O•!4,44 • \ cAL41.).: .._-.. :4?POND J.-40. 1 I 25 3 14.41 ___ ...._39. _ 1L3 2-4 L-, )n 1 — — T —i I 's.1-- — — 44.5 — — H 5 AAC,IrICIC 1 A CI ORDINANCE NO. 2003-30 CASE NO. RZ-03-03-03: Doss Rezoning Ordinance 0.366 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-1AA "SINGLE FAMILY DWELLING" TO OCOEE I-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS 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 0.366 acres of property, as more particularly described in Exhibit "A", from Ocoee R-1AA "Single Family Dwelling", to Ocoee I-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, at such time as Ordinance No. 2003-29 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, on July 8, 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 denied; and 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. 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. 006.299862. • SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 0.366 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from R-1AA "Single Family Dwelling" to Ocoee I-1 "Restricted Manufacturing and Warehousing": 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 passage and adoption. 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. 2 006.299862. 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 006299862. EXHIBIT "A" BOUSDAf SURVEY • • LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK'4'.(LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD)AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO,MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A,PAGE 99-100,PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH UNE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY UNE OF THE SEABOARD COASTUNE RAILROAD;THENCE RUN S 89 45'31"E,ALONG THE NORTH LINE AND THE EXTENSION THEREOF,124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE;THENCE S 00 03' 18"E, ALONG THE CENTER LINE THEREOF,144.94 FEET;THENCE N 89 46'17"W,96.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03'46"W,ALONG SAID EASTERLY RIGHT-OF-WAY UNE,147.83 FEET TO THE POINT OF BEGINNING. CONTAINING 0.388 ACRES MORE OR LESS. _ _ _______--- •------- - ORLANDO STPEET (60'R/W) m0 Y+- P. ,;;;,,•• • 724.23"V- 1.►. • S B9°45 31- E B.O& •422 30.0 60 Oa a • . 8 N 8 T z m n CO O e . ,A v u 0 ° rri r+m' Z7 n (NO IMPROVEMENTS NAVE 6EEN r 0 LOCATED IS PER.O'MIEA / _ .z. II < s m _ ' m Z N r II '- O • D Iwo 1" '"L 1~ Lit 14 Iris 17-w 96.0. C . II n D o 4 • COLUMBUS STREET (60' R/W) 4 006.299862. . , EXHIBIT "B" Richard A. Doss, Jr. 0.366-Acre Parcel Location Map • _____________ . _ v 117 ryl A . _ Y., v,,i As,i IN:::4T . ST I 1 345 i 1 1 .. t j '1 I I, . . i N \ 5--:------- POND 1 t •,- t ,1 l,:‘,..:•,..ci\ ;N:P 0 N b iii. 1 ig; *42 •-•,„ tb*`-'1\tg "1 .. • ' " —, " V -, . \ \ . 76t,' \ :•••1. :P t • :V9 Cill. •, ',\. •-,; POND Ilia '•-•->.,;\ bc..-2.1 i 1•2:,-) I t [ I • .. I e - 1 k..,, L. 11' 1,i 'i I I, L., 1 I 12\3 17 ro 1 I I 1 1 :41 i.1.1 -------•------ W CCI::::J N1... ...,IS ST F 744*.;.,4'.44Afro \ 9;1E40 . '.., —3---±-..3.....k 5 4.4..,P,OND..a:1 •. 1 -... , . 25 - - -\I3 29 .... 2.4 a _-- i 18 F-. • k . 445 — — — H 006.299862. 5 • THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: 4.14414 PREPARED BY: iiN Scott A.Cookson,Esq. FOLEY&LARDNER 4 111 North Orange Avenue,Suite 1800 Post Office Box 2193 411 Orlando,FL 32802-2193 (407)423-7656 For Recording Purposes Only DEVELOPMENT AG . ENT (DOSS P RT , THIS DEVELOPMENT AGREET is "Agreement") is made and entered into as of the—day of ,2003,by d between RICHARD A.DOSS,JR., whose mailing address is Post Office Bo , Oco, , Florida 34761 (hereinafter referred to as the "Owner") and the CITY OF OCON lor' ,a municipal corporation, whose mailing address is 150 North Lakeshore Drive, Occe/Floud• '4761, tion: City Manager (hereinafter referred to as the "City"). ' ITNE __TH• WHEREAS, t O er • • ns fee title to certain lands located in Orange County, Florida, and withie o e li ' s os t City of Ocoee, Florida, said lands being more particularly des 'b 'n x• 1 it " " ached hereto and by this reference made a part hereof (hereinafter referr o as t, "Property"); nd WHE , - 0 and the City desire to execute this Agreement in order to eir evidenc g mut . reem to certain matters related to the development of the Property. �� EREF in consideration of the premises and other good and valuable co ' tins xchanged between the parties hereto, the receipt and sufficiency of which is • higiolo kn• • ledged, the parties hereto agree as follows: ction 1. Recitals. The above recitals are true and correct and incorporated herein by thi eference. Section 2. Conveyance of Right-of-Way. Within sixty (60) days following receipt - written notice from the City requesting the same, but in no event later than the date of approval of a Final Site Plan or plat for all or a portion of the Property, the Owner shall dedicate and convey to the City sufficient land lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for South Kissimmee Avenue and Maguire Road to allow for sixty (60) feet of right of way from the centerline of the existing right of way to the remaining portion of the Property (the` Owne"Right-of-Way to vthe City by Property"). arranhy deedtf�ee f- Way Property shall be dedicated and conveyed by the Ara 00ooc9 and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the warranty deed shall be subject to the approval of the City.. Within thirty (30) days following receipt of written notice from the City requesting the Right-of-Way Property, the Owner shall provide the City a legal description and sketch of description of the Right-of-Way Property prepared by a registered land surveyor which has been certified to the City. In the event the Owner fails to provide the City with a legal description and sketch of description within the time frame set forth above, the City may have the legal description and sketch of description prepared at the expense of Owner. The Owner shall, contemporaneously with the dedication and conveyance of the Right-of-Way Property to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance, evidencing that fee simple title to the Right-of-Way Property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way Property including the cost of title work, shall be borne solely by the Owner. Real property taxes on Right-of-Way nd conveyance of the same, prorated as of the day before the City's acceptance of the dedication and the prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account qt., or with respect to the required dedication and conveyance of the Right-of-Way Property to' the City. Notwithstanding the subsequent conveyance of the Right-of-Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of-Way Property until such time as improvements are made to South Kissimmee Avenue and Maguire Road within the Right-of-Way Property. Section 3. Access to Property. At such time as the Property is developed for a use other than its present use exclusively as a single-family residence, access to the Property shall be limited to a single access point along the southern boundary of West Columbus Street at a location to be approved by the City. ll Section 4. Notice. Any notice delivered with actuallypect recei�ed) whthis en (i) hand reement delibered e in writing and be deemed to be delivered (whether or not to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 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. -2- 006.299952. 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 hereofl V1ous Amendments toy andwaiverss of the ngs and agreements, with respect to the subject provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section N. Further Documentation. The parties agree that at any time following a arty such request by the other party, each shall execute and deliver to the necessary er Po confirmand /or rther documents and instruments, in form and substance reasonably effectuate the obligations of either party hereunder. _ Section 11. Specific Performance. 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. 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, paralegal 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; 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. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any 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. -3- nnF 299952. Section 16. Effective Date. The Effective Date of this Agreement shall be the day this Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this Agreement. • -4- 006.299952. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered OWNER: in the presence of: Print Name RICHARD A. DOSS, JR. Print Name 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 RICHARD A. DOSS, JR., who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. • Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -5- 006.299952. CITY: CITY OF OCOEE,FLORIDA By: S. Scott Vandergrift,Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE -CITY THE CITY OF OCOEE,FLORIDA. COMIVIISSION AT A MEETING HELD ON Approved as to form and legality this , 2003 UNDER AGENDA day of ,2003. ITEM NO. • FOLEY &LARDNER By: City Attorney • -6- 006.299952. 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(if not legible on seal): My Commission Expires(if not legible on seal): -7- 006.299952. EXHIBIT "A" LEGAL DESCRIPTION: LOT 8 AND LOT 11,BLOCK'4',(LESS THE WEST 20 FEET FOR ROAD)LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE FOR THE SEABOARD COASTLINE RAILROAD, MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 11 03'46"E,ALONG SAID WESTERLY RIGHT-OF-WAY LINE,395.45 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF SAID LOT 11;THENCE N 89 51'39"W,ALONG SAID SOUTHERLY LOT LINE 224.29 FEET;THENCE N 00 00'00"E,388.20 FEET TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT 8;THENCE S 89 45'08"E,ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.660 ACRES MORE OR LESS. BOUNDARY SURVEY i • ' ECO?, Z 7, I1dV ' 1 ORLANDO STREET (60 R/W) • • 'I ij--�. IMO 54' r"° 31+• '•°. 5890 45.03-E 8.0.8. 148.47 4.1. 20 4'0.6. 0 8 bo.ca 8 o r % 0 0 o - . N N J, i . n° f ° Z I w ^ v z gw cc II II Q '0. 0 No IMPROVEMEMS HAVE SEEM w LOCATED 45 PEn OWN EI / CIli . J J • N • :D . 0 N W :B ,o 0 ° 8 z • .,20.0 ,ren /a' N 99°5I' 59"W 224.29 I.e. Mn 1'I.K COLUMBUS STREET (60 PM) -8- 006.299952.