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Home My WebLink AboutVII (A2 a,b&c) First Reading of Ordinance: Richard Doss; Ordinance No. 2003-28 Rezoning Parcel A, Ordinance No. 2003-29 SSCPA Parcel B & Ordinance No. 2003-30 Rezoning Parcel B Agenda 8-05-2003 center of Good Gi Item VII A 2 a,b&c mmot `n: � f'om nu rtnli'p F. ScullA':nulrr�rift �- �•. Ii,inm I lin,rll kit-Inut I q S1'01 An l i.nn. Ili 1n t 2 it, Alanygiy. A '� Iiu.It Iowan. Ui iri i a .lin rll e o.cnit -/tatiri - Vumt I I',Hiker I I itt STAFF REPORT DATE: July 23, 2003 TO: The Mayor and City Commissioners FROM: Terry L James, AICP, Principal Planner I THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Richard A. Doss, Jr. — Case# RZ-03-03-03 and#SSCPA-03-003 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 of a Zoning Map change from R-IAA (Single Family Dwelling) to I-1 (Restricted Manufacturing & Warehousing) for the Doss Property? BACKGROUND: The applicant's request involves a 1.66-acre parcel, ID 17-22-28-6144-04-111 (hereafter, referred to as Parcel A), and a 0.366-acre parcel, ID 17-22-28-6144-080 (hereafter, referred to as Parcel B), as shown on the attached location map. The subject properties are bounded on the south by West Columbus Street, on the north by West Orlando Avenue, on the west by South Kissimmee Avenue, and on the east by the new Fire Station #1 now under construction. Parcel A is west of the railroad tracks and Parcel B is east of the railroad tracks. The properties have 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-1AA (Single Family Dwelling) zoning classification to I-1 (Restricted Manufacturing and Warehousing) zoning classification. Rezoning Parcel B would require a Small Scale Comprehensive Plan Amendment to change the "Low Density Residential" future Land Use classification to the "Light Industrial" future land use classification. Future land use classification of "Light Industrial" for Parcel A is consistent with the above requested rezoning and will not require a comprehensive plan amendment. Planning&Zoning Commission July 23,2003 Page 2 of 8 The current land uses in the general area surrounding the subject properties are as follows: DIRECTION CURRENT LAND USE North Vacant, partially wooded South Residential and commercial East Vacant, partially wooded West 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 Density Residential South Light Industrial East Professional Offices&Services and Low Density Residential West Heavy Industrial and Light Industrial Existing Zoning classifications, as shown on the attached Surrounding Zoning Map, are as follows: DIRECTION EXISTING ZONING CLASSIFICATIONS North R-1-AA/Single Family Dwelling South 1-1/Restricted Manufacturing&Warehousing East P-S/Professional Offices&Services and R-1-AA/Single Family Dwelling West 1-2 General Industrial and 1-1/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. • Drainage: Currently, the site plans (date stamped "Received January 14, 2003") for the Ocoee Fire Station # 1 utilizes the City-owned abandoned railroad right of way as a drainage facility. This facility is on the western boundary of Parcel B and effectively severs this parcel from the larger parcel, Parcel A, to the west. Planning&Zoning Commission July 23,2003 Page 3 of 8 Transportation: Current Level of Service Standards ADOPTED LOS CURRENT LOS /o OF ADOPTED ROADWAY FROM TO STANDARD STANDARD LOS STANDARD CAPACITY Orlando Ave. Bluford Ave. White Rd. D A 40% Maguire Rd.- Story Rd. Kissimmee Ave. D D 86% Bowness Rd. Maguire Rd.- Kissimmee Ave. Silver Star Rd. D B 61% Bowness Rd. Lakewood Ave. Silver Star Rd. Rewis St. E A 53% Bluford Ave. Geneva St. White Rd.- D D 80% Orlando Ave. Bluford Ave. White Rd.- McKey Sl. D C 71% Orlando Ave. Kissimmee Ave. Story Rd. Bowness Rd. D B 20% Geneva St. Kissimmee Ave. Bluford Ave. D B 79% Story Rd. Wofford Rd. Kissimmee Ave. E B 69% Current levels of service are at or above the adopted level of service standard contained in the Comprehensive Plan. Only Bowness Road (from Story Rd. to Kissimmee Ave.) and Bluford Avenue (from Geneva St. to White Rd.-Orlando Ave.) are operating at the adopted level of service standard. These roadway level of service standards will not adversely impact this proposed future land use change and rezoning. Existing & Future Roadway Plans • Kissimmee Avenue (western boundary of Parcel A): This north-south arterial roadway is comprised of Maguire Road-Kissimmee Avenue-Maguire Road Extension and connects with Bowness Road/Ocoee-Apopka Road. This roadway is depicted in the Comprehensive Plan Roadway Improvement Master Plan 2020 map as a candidate for future improvements. Additionally, this roadway is also in Roadway Improvement Plan (Figure 3-10) of the Ocoee Transportation Master Plan for future widening to 4 lanes. Subsection 6-38 of the Land Development Code states that the minimum right of way is 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 currently unpaved and unimproved roadway to connect Bluford Avenue and South Kissimmee Avenue-Maguire Road Extension (Ocoee Transportation Master Plan: Figure 3-10, page 3-34). This two-lane paved roadway will be a western extension Orlando Avenue-White Road. The entire roadway will function as a major east-west collector. The minimum right of way for an urban collector roadway is 60 feet according to the Subsection 6-3.B. of the Land Development Code. • Cumberland Avenue: As indicated above, this right-of-way has been abandoned by the City with Resolution 2002-16 (adopted August 20, 2002) and adds approximately 0.05 acres to Parcel B. Planning&Zoning Commission July 23,2003 Page 4 of 8 The Kissimmee Avenue-Maguire Road-Maguire Road Extension widening will require extensive realignment of the intersection of Kissimmee Avenue and Maguire Road west of Parcel A in order to maintain operational and safety requirements. Furthermore, the intersection of Kissimmee Avenue-Maguire Road-Maguire Road Extension and West Orlando Street-White Road will require enhanced intersection improvements since this intersection will join a major east-west collector with a major north-south arterial. As a result of these intersection improvements and traffic safety and operational considerations, driveway access should be limited in proximity to this future intersection. Natural Resource Considerations • Wetlands: There are no significant wetlands on the subject property according to the following citations from the City of Ocoee Comprehensive Plan: "Landscape Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation on the Future Land Use Map. • Floodplains: There are no floodplains on the subject property according to the Flood Insurance Rate Map, and according to the following citations from the City of Ocoee Comprehensive Plan: "Landscape Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation on the Future Land Use Map. • Historic Resources: There are no known historic resources on the subject property according to the Figure 5: "Historic Resources and Current Recreation Facilities" in the Comprehensive Plan's Future Land Use Element. Land Use Considerations Parcel A: The proposed rezoning to I-1 for Parcel A is consistent with the Future Land Use Map. The "Light Industrial" future land use classification is generally confined to the area west of the City- 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 Extension right of way measured from the southwest corner at West Columbus Street to the fence of the commercial land use directly west is approximately 70 feet; the required right of way will be 120 feet. Accordingly, Parcel A should dedicate that portion of the lot situated within the 60 feet from the roadway centerline for the portion of the South Kissimmee Avenue-Maguire Road Extension. This is estimated to result in 20-25 feet of the parcel being dedicated for future right-of-way. This dedication should be required prior to development of this property or within a 60-day notification from the City as specified in a Development Agreement and include limited access to the site from Columbus Street only. Planning 8 Zoning Commission July 23,2003 Page 5 of 8 Parcel B: The proposed rezoning to I-1 is inconsistent with the Future Land Use Map. The "Light Industrial" future land use classification is confined to areas west of the City-owned railroad 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. The actual land use for the above future land use classification and the "Low Density Residential" parcel to the south is 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 as a component of the drainage system. The utilization of these abandoned railroad tracks effectively severs Parcel B from 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; however, Article V, Table 5-2 of the Land Development Code states the minimum lot width for I-1 is 150 feet. The frontage on Parcel B is 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: Parcel A Staff recommends the rezoning request for Parcel A be approved for the following reasons: • The requested rezoning to I-1 is consistent with the Future Land Use Map and is bounded on the north, south and west by compatible industrial land uses; • 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. Parcel B Staff does not recommend the rezoning and small-scale comprehensive plan amendment request for Parcel B be approved for the following reasons: • The requested rezoning to I-1 is inconsistent with the Future Land Use Map and is bounded on the north and east by incompatible Low Density Residential future land uses; • The requested rezoning is inconsistent with the existing residential land uses zoned R-1AA 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; and • There is no paved access from West Orlando Street to this parcel. Planning 8 Zoning Commission July 23,2003 Page 6 of 8 RECOMMENDATION: Staff recommends approval of the rezoning of Parcel A from R-1AA (Single Family Dwelling) to I-1 (Restricted Manufacturing & Warehousing) since the requested rezoning is consistent with the Future Land Use Map, is compatible with the surrounding existing land uses, meets the minimum lot frontage of the requested rezoning, and has adequate roadway access to support Restricted Manufacturing & Warehousing. The proposed rezoning is recommended to be approved subject to execution of a Development Agreement providing additional right-of-way on Maguire Road and South Kissimmee Avenue and restricting access to the property from 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). The small scale Comprehensive Plan Amendment is not consistent with the Future Land Use Map. The rezoning is not consistent with the existing single-family residences to the north and 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. Mr. Doss stated he would not agree to the dedication of the Maguire Road-Kissimmee Avenue right-of-way contained in the recommended Development Agreement for Parcel A since he previously donated land for the widening of Maguire Road and Kissimmee Avenue. Mr. Doss also stated that he was unable to build on Parcel B because he did not have access to the property. The Commission engaged in a discussion concerning the two parcels: • For Parcel A, the Commission reached a consensus agreeing that Mr. Doss should not have to dedicate any more of his land for the right-of-way for the future improvements to 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 Code, he would be required to paved access to the property at his expense. The Commission questioned then the reason for paving the access at the applicant's expense and suggested the City should consider paving the access road for Mr. Doss. Planning&Zoning Commission July 23,2003 Page 7 of 8 The Community Development Director indicated that for Parcel A, the Development Agreement was consistent with past practices of right-of-way dedication. This requirement saves the City funds that would normally be spent for right-of-way acquisition rather than the actual roadway construction and recognizes the increased traffic impacts that will need to be accommodated as a result of rezoning to a higher density. The subsequent roadway improvements would also enhance the value of properties located along these dedicated right-of-ways. The Community Development Director also stated that for Parcel B, the cost for the City to build this access roadway would not be small, and that with the restrictive budget for the City of Ocoee, any 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 that provided for additional right-of- way on Maguire Road and South Kissimmee Avenue and restricting access to the property from Columbus Street. For Parcel B, two recommending motions: • Denial of the Small Scale Comprehensive Plan Amendment to amend the future land use classification from Low Density Residential to Light Industrial. • Denial of the rezoning application to change the current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing & Warehousing (I-1) zoning 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 providing additional right-of-way on Maguire Road and South Kissimmee Avenue and restricting access to the property from Columbus Street. • Denial of Ordinance 2003-29, providing for the Small Scale Comprehensive Plan Amendment on Parcel B (.366 acre) to amend the future land use classification from Low Density Residential to Light Industrial and denial of Ordinance 2003-30 (.366 acre), providing for the change from the current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing &Warehousing (I-1) zoning classification. Planning&Zoning Commission July 23,2003 Page B of 8 Attachments: Copy of Public Hearing Advertisement,dated June 26,2003 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 O:\Staff Repons\2003\SR03066 CC.doc Richard A. Doss, Jr.--Case # RZ-03-03-03 and SSCPA 03-003 R-1-AA "Single Family Dwelling" to I-1 "Restricted Manufacturing & Warehousing" Locoation and Surrounding Zoning Map ' ' 1 Y Mj . L_ +. i 1-.....,....r.-....--.., ...... . Ocoee Community Development • • • • • • • ,• :;»t�� S ..:�. - Department a r Scale: 1 inch= 600 fee` �'i :_ •0 300 600 90�00 Feet ` '•'••:•`;•':;• AMORa OM • 3 Printed: July 2003 H I �—� ' _. LEGEND 1 —� ,---- Ell Subject Property : , mm Unincorporated Territory • ••• ��a _ I 1jui I i. �" and Other Muncipalities i..::<:::•:•:,:•:::.:.'•::.::..,.;::_•..:._::.:.: Zoning Classification: ,'."'.• ."'.• Parc@I B—' pools L A-1, General Agriculture :•.`•:'•.:`;:':'.':'.''`.:::::":•`::•;:;:•:•:•:::::::': '— t f A-2, Suburban : : %'; ;: ` ,,��- R 1AAA, Single FamilyDwelling •:'.:'..:'.::.:':::::•;•:•::••: •.:;::..::;•:::•::•:::•::'• •..;..' :.: :::•: — — - r sus AMINE _ R-1AA, Single Family Dwelling Single FamilyDwellin • • • • •g '• `' = R 1A, Sin g 9 � S:.�t MO �� Mil R-1, Single FamilyDwellingMOM MIN NM _ 91 RT-1, Mobile Home Subdivision District `.;;•' MEI MIN ME R-2, One and Two Family Dwelling ' Mai MN MEM - ( R-3, Multi Family Dwelling P S, Professional Offices and Services �� III IIIII. C-1, Neighborhood Shopping L J i C2 Community muni- m Commercial n+e1 ago C-3, General Commercial • _ • .. • 11, Restricted Manufacturing . . . . . . . . . . : . . . . ■ • &Warehousing - •.• ■ .• yy-(y •- • • • • , a 12, General Industrial • ■ r • • • • • .>:• • • • • • • • ••• • • •• .:++ PUD-Low Density Residential •. .'• • • • }::..'•'•' : • •:•:••.• ■' : % PUD-Medium Density Residential •-••••• ••• ••• ••• • ••.• • • •.• ► •••••-••• • • • •• •• • • • PUD-High Density Residential `�r'■�- PUD-Commercial •.' ••••.•• .:. •:■: •••. ••: ,•'•• . .-. ./ Lakes and Water Bodies ••'••••••■•••••' • • • ', ••'.■ i's' Unclassified . . ■•••:: •:. r - Richard A. Doss, Jr.--Case # RZ-03-03-03 and SSCPA 03-003 LDR "Low Density Residential" to I-1 "Light Industrial" Surrounding Future Land Use Map N ceetec of Cood/Jr, oe \\ O 6 +1 =�' .1 eta Ocoee Community Development Department VIrScale: finch = 600 feet 1 1 0 300 600 900 Feet t 'Jy 2003 \*Iik ��En 1 LEGEND _!!! !$$$ 1f !IO!4. ...... p ..... . .. ..... .... . .. MI Subject Property WaI Ton.St II$I i$IIIII$�! $• $ . ■■ .■ ■..■ .I$..I. $I �_$$ I$$..I$$ III"."_ Unincorporated Territory � -,■ ■■■III ■. !�! and Other Muncipalities , [• r • !.t�)::iii.ifa I11111111 Future Land Use Classification: [Farce! ✓ — Low Density Residential `-' AL Medium Density Residential 1 i — = High Density Residential Professional Offices and Services '. I al Commercial I - - Light Industrial Heavy Industrial Conservation/Flood lains ill likvan' I . ,_______ i�- C 71111, Recreation and Open Space Public Facilities/Institutional Lakes and Water Bodies - - \ 1411 it Ns \\clik' , 1 \''.. ORLANDO SENTINEL June 26,2003 CIFOR Y OF SMALLOCOEE A SCALE COMPREHENSIVE PLAN HARD AMENDME DOSS,NT R.ND REZONING RICCASE NUMBER'.RZ-01A3.016 SSCPA 03-03 NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10 and 5-9 of the City of Ocoee Land Development Coatthat on Tuesday,July B.2003 at 100 pm,or as soon thereafter as practical,the CITY OF OCOEE PLANNING&ZON- ING COMMISSION will bold PUBLIC HEARINGS at the City of Ocoee Commission Chambers 150 North Lakeshore Drive.Ocoee,Florida,to consider a petition for a Small Scaleca Comprehensive Plan Amendment for certain real located on the northeast corner of Maguire Road.Nissimmee Avenue and COlumaus Street and bounded B Columbus Street and on the north by Orlando Avenue. reteweee oast en. (804118, fr wow 1 I �41__ ! NI ED 19111 yr-- �c __ �Awi H'hi Small Scale Comprehensive Plan Amendment and Seining is op. proved it would establish the following: For the I.al-acre parcel numbered rim n mu 01111,change the Zoning Classification from Single Family Dwelling(R I.AA)to Restricted Manu- facturing E.Wareh0usng Ibl)and for the 0 kl-ocre parcel numbered 119- 286IN41.*1 change The Future Land Use Classification from Low Density Residential to Light Industrial and the Zoning Classification from Single Family Dwelling IRJ-AAI to Restricted Menutoclunng d Warehousin90. 11. The Planning&Zoning Commission will make o recommendation to the Ci- ty Commission as mine relotiO SKIP of the requested actions to the Ocoee Comprehensive Plan.Pursuant to Subsection 5.9 B.M the Land Develop. ment Code,the Planning Director has determined that the requested zoning I lssificotion for Parcel I Ill is consistent with the Ocoee Comprehensive I Plan;however,the requested zoning classification for Parcel 0ao is not consistent with the Ocoee Comprehensive Plan. The complete casetile,including a complete legal description by metes and bounds,may be inspected at the Ocoee Community Development De0art- mem/Plonning Division located at 150 North Lakeshore Drive.acts.Flan. do betweenlegal holidays. the hears BI 5;00 a.m.and 5;00 pm,Monday through Friday, pt I.The Planning&Zoning Commission may continue the Public hearings to other dates and Times,as it deems necessory.Any interested party shall be advised of the dotes,times,and places N any continuation of these or con. tinued public hearings shall be announced during the hearing sod no further notices regarding these matters will be Published. You are advised that any person who desires to appeal any decision mode of the public bearings will need a record of The proceedings and for this pur20Se may - rth includes the testimony to ensure t andeeviidencetim upon ord which the proceedings IS based. • with disabilities needing assistance to oorticieole in any of these Persons should contact the City Clerk's Office a hours in advance of the meeting al 401905905, Jean Gronon, CIdMCerk OLS5111727IS JUN Y.2CV SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND REZONING RICHARD A. DOSS,JR. CASE NUMBER: RZ•03-03-03 &SSCPA 03-003 LOCATION MAP . _ I , � _ i� p `` *c II L t ; 3a PP •T l •r J"F ND '. Ll 1d - - _ .. ` ®hId SUBJECT PROPERTIES it- ur N -71. - - • ol S t - - rs W \` e• S 4 sro j — - - -1 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, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-1AA "SINGLE FAMILY DWELLING" TO OCOEE I-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 1.66 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND WEST 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 1.31 acres of property, as more particularly described in Exhibit "A", from Ocoee R-IAA "Single Family Dwelling", to Ocoee I-1 `Restricted Manufacturing and Warehousing"; and WHEREAS, the rezoning requested by the Applicant is 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 approved; 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. 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-IAA "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. 2 006.303648. 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 3 006.303648. 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 8945'08"E,ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.660 ACRES MORE OR LESS. BOUNDARY SUk4FY • • 7E8 Z 3 UV ORLANDO STREET (66 R/W) ;.I H I .tee :en 4CCe e.m. t 40.4J 0 8 • „.00 B D O r m W 0 z Q D jg I I o I I o , w (Xe 4o[ATED .S FU o.«Ene� w in � N • 8 • zo.ns— N4 f 9 COWM915 STREET (NO RN) 4 006.303648. EXHIBIT "B" Richard A. Doss, Jr. 1 .66-Acre Parcel Location Map �rz� ti v n� I pr: L A) .ti;liti CA=T?Y ST - :VS , I 0 1 1 I �.. POND iI 'vy\ .POND , i 1 3=I \j '\ .N:J 1\ J K'i cj •OND a '', — — — - — — I \, 4ei 4. !/ \ 11 ii h4 P it, to f )� `t I a'-POND20 3 M e, 5 14.4% I r 2S 132a 1 I§ 34 C`. 5 006.303648. ORDINANCE NO. 2003-29 CASE NO. SSCPA-03-003: Doss Comp. Plan Amendment 0.366 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "LIGHT INDUSTRIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 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 FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance#91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-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 held an advertised public hearing and recommended denial of Amendment Number SSCPA-03-003; and 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 after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and I-t0 of Article I, of Chapter 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: 006.299948. SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density Residential" to "Light Industrial." A map of said land herein described is attached hereto as EXHIBIT"B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-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. 2 006.299948. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA lean Grafton, City Clerk S. Scott Vandcrgrift, 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. FOL.EY and LARDNER By: City Attorney 3 006.299948. EXHIBIT "A" BOUNDARY 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 BOON 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 LINE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN 5 89 46'31"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 0.386 ACRES MORE OR LESS. -.- ORLANDO ST(e-[ (60 R/W) .a l . �_l a Y+ • 5 996 JI- E B.06 . IS4.il 0. 0 8 8 • M O o A v 4 to o c m n m (no IMPROVEMCMS HAVE •EN \ 1— O MATED as PEA OwG / Z N s C, n • < • z A s C m O 0 D O. • O w.0 NOr85''I Ai 96.0. M[: • I I • b D - m 0 COLUM SUS STREET (60 RAM) 4 006.299948. EXHIBIT Richard A. Doss, Jr. 0.3$ArePa2mLctonMa L� i \ I . I 1 1 \ , S , :( ^ l ~ i « ° b * 1 ° N. ) A. D « % : » POND j , , y , , . . 345 C x & ) a � ` N2 \ \ \ , {a _ \ _ g yam; 1S \ j { \ \ [ O \ \ \ z + / \ w ) 1 m I ® 11 ( , IJ i . - - ni — / .. \mmy 515 \ w ; I f 4-4 2 [ - 2 \ - -/ isa » 445 5 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-IAA "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-IAA "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 006.299862. 3 EXHIBIT"A" BOUNDARY 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 LINE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY LINE 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 CO 03'181 E, ALONG THE CENTER LINE THEREOF,144.94 FEET;THENCE N 89 46'1r W,96.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03'48"W,ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 147.83 FEET TO THE POINT OF BEGINNING. CONTAINING 0.388 ACRES MORE OR LESS. ORLANDO STREET (60 RAW) o'e. ri r 5 BP.S'J,- E B.ae . ,N.E]M+. . . 80.00 VLI R a T. • n o 8 C inr O 3 o a m d >J n (no IMPROVEMENT%NAVE BEER \ r Ov _LOCATED .S P[A OWfA / "k o C ' m• II - a z -IDz c rn o m a 3 0. o A • �: nerrB`? 96.0. be lb < I I • n A To ti 0 0 li COLUMBUS STREET tea. RAY) 4 006.299862. EXHIBIT Richard A. Doss, Jr. E3 6-cm Parcel Location Map , « — . _ ,� ? L_\ , � e Izi a I \ ) / S j ( ° I POND . \ . -� 64* �. i b zPo¥ < , t 2 x t , m e\ � � lb � ]M _ _ ` _ \ \ A f \ cr \ } . ® . a Ifil d @ ° ` 1 § / i 1 ( , \« � ^ �- \ a 5 [ " i \ m » f a4 '- \ \ - - - - [ /zI » a y [ « - \ - 2g la- - - +- - - \ 006299862 5 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A.Cookson,Esq. FOLEY&LARDNER Ill North Orwge Avenue,Suite 1800 Post Office Box 2193 Orlando.FL 3 2 8 02-2 193 (407)423-7656 For Recording Purposes Only DEVELOPMENT AGREEMENT (DOSS PROPERTY) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2003, by and between RICHARD A. DOSS, JR., whose mailing address is Post Office Box 392, Ocoee, Florida 34761 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). 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, the Owner and the City desire to execute this Agreement in order to evidence their mutual agreement as to certain matters related to the development of the Property. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Conveyance of Right-of-Way. Within sixty (60) days following receipt of 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 "Right-of-Way Property"). The Right-of- Way Property shall be dedicated and conveyed by the Owner to the City by warranty deed free 006.299952. 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 the Right-of-Way Property shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, 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 of, 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. 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 (i) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 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 he recorded by the City, at the Owners 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. 006.299952. -2- 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 panics agree that at any time following a request 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. 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 arc 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 he 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 006299952. 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. -q- 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 of not legible on seal): 006.299952. -5 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. COMMISSION 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 006 299952. -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(ilnot legible on seal): My Commission Expires Or not legible on seal): 006.299952. -7- 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 8945'08"E,ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.860 ACRES MORE OR LESS. BOUNDARY SURVEY • C"3 i; UMV cc IvORLANDO STREET (60 R/W) • ; •l '- jQ l.` !20.0. SB9 45 to a e n oe. r4e. P9.9 S No 8 m 0 D r S JJ z O 9 w 8 I ¢ o w ^ (no ImmoVco.Ucn E KEN W ER tg 01 o tn N N Y v S d ,ruzf . . 224.M9 COLUMBUS STREET z(60 FAN) _.. 006.299952. -8-