HomeMy WebLinkAboutVII(B3 a-c) First Reading of Ordinance T. Milton West 606 Ocoee Apopka Road Annexation, Small Scale CPA, Initial Zoning Agenda 11-04-2003
Ceter of Good Item VII B3 a,b&c
Mayor °e* - ng Commissioners
S. Scott Vandergrift ' ` ' Danny Howell, District 1
Scott Anderson, District 2
City Manager
OE_^' Rusty Johnson, District 3
Jim Gleason Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Terry L. James, AICP, Principal Planner
THROUGH: Russ Wagner, AICP, Community Development Director
DATE: October 24, 2003
SUBJECT: T. Milton West—606 Ocoee-Apopka Road
Ordinance#2003-48—Annexation (Case#AX-03-04-04)
Ordinance#2003-49—Small Scale Comprehensive Plan Amendment
(Case#SSCPA-03-004)
7th Joint Planning Agreement Amendment(Case#JPA-03-004)
Ordinance#2003-50—Initial Zoning (Case#AX-03-04-04)
Development Agreement
ISSUE:
Should the Mayor and City Commissioner adopt Annexation Ordinance #2003-48, Small Scale
Comprehensive Plan Amendment Ordinance # 2003-49, 7th Amendment to the Joint Planning
Area (JPA) Agreement, Initial Zoning Ordinance # 2003-50, and Development Agreement for
606 Ocoee-Apopka Road?
BACKGROUND:
General Location: The property is located at 606 Ocoee-Apopka Road (County Road 437) in
unincorporated Orange County on the west side of roadway approximately '/z mile north of the
Ocoee Apopka Road/Silver Star Road intersection.
Parcel Identification#: 18-22-28-0000-00-001
Property Size: +/- 5.3 acres
Actual land use, proposed development plans. unique features, and plan consistency of the
subject property: The property has vacant buildings and is planted in pines. The proposed
development plans are unknown at this time. There are no unique features on the property
such as historic or archeological sites. The subject property is designated Low Density
Residential" and "Conservation/Floodplains" on the Ocoee Future Land Use and Joint Planning
Area (JPA) Land Use Maps. The applicant has requested an Ocoee initial zoning classification
of Restricted Manufacturing & Warehousing (I-1). This request is inconsistent with the Ocoee
Comprehensive Plan Future Land Use Map and the associated JPA Land Use Map.
City of Ocoee • Planning Division • 150 N. Lakeshore Drive • Ocoee, Florida 34761
phone: (407) 905-3157 • fax: (407) 905-3158 • www.ci.ocoee.fl.us
The Honorable Mayor and City Commissioners
October 24,2003
Page 2 of l0
Future land use & requested initial zoning classification of the subiect property:
CLASSIFICATION/JURISDICTION: CURRENT PROPOSED
Future Land Use Orange County/Low Density Residential City of Ocoee/Light Industrial
Zoning Orange County/Residential(R-1A) City of Ocoee/Restricted
Manufacturing&Warehousing(I-1)
Current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT CURRENT ZONING
FUTURE LAND USE
North Low Density Residential Orange County/Citrus Rural
East Low Density Residential Orange County/Citrus Rural
South Light Industrial City of Ocoee/Restricted
Manufacturing&Warehousing
(I-1)
West Low Density Residential City of Ocoee/Single Family Dwelling
(R-1-A)
Transportation:
The subject property is located on the west side of Ocoee-Apopka Road (County Road 437)
approximately 1/2 mile north of the Ocoee-Apopka Road and Silver Star Road intersection.
Ocoee-Apopka Road is a major north-south arterial roadway, and is currently a 2-lane facility
with an adopted level of service of "E". The Ocoee-Apopka Road segment from Fullers Cross
Road to McCormick Road is already operating at level of service "F". According to the Ocoee
Comprehensive Plan (Figure 11 b), this roadway will become a 4-lane facility by 2020; however,
there is no specific funding source from Orange County for these future roadway improvements.
Given the recent defeat of the Orange County sponsored Mobility 20/20; it is unlikely that this
roadway will be widened without considerable financial support from the City of Ocoee.
The current Average Daily Traffic (ADT) on Ocoee-Apopka Road/County Road 437 is:
FROM TO LANES ADOPTED ADOPTED 2003 Volumes: VOLUME LOS
LOS LOS EXISTING RESERVED TOTAL /CAPACITY PERFORMANCE
STANDARD NUMERIC & FROM RATIO
CAPACITY VESTED APPROVED
STANDARD DEVELOPMENT
SR438/Silver Fuller's 2 E 19,400 5,975 4,470 10,445 0.54 A
Star Rd. Cross Rd.
Fuller's McCormick 2 E 19,400 9,246 10,648 19,894 1.03 F
Cross Rd. Rd.
Drainage:
The City—maintained drainage feature known as the "northwest ditch", impacts the subject
property in the following manner:
ANNEXATION&INITIAL ADDRESS PROPERTY LOCATION IN PORTION OF THE PROPERTY
ZONING NUMBER RELATION TO THE DRAINAGE IMPACTED
FEATURE
AX-03-04-04 606 Ocoee-Apopka East Western boundary
The Honorable Mayor and City Commissioners
October 24,2003
Page 3 of 10
Floodplain:
The portions of the subject property also appear to be within the 100-year floodplain as shown
on the Flood Insurance Rate Map (FIRM) # 12095CO21OE, dated 12-6-00:
ANNEXATION&INITIAL ADDRESS PROPERTY LOCATION IN PORTION OF THE PROPERTY
ZONING NUMBER RELATION TO THE IMPACTED
FLOODPLAIN
AX-03-04-04 606 Ocoee-Apopka East Western boundary
Potable Water& Sanitary Sewer:
Potable water is available for this site; sanitary sewer is not. The nearest sanitary sewer line is
at the Silver Star and Ocoee-Apopka Road intersection approximately 3,000 feet to the south.
DISCUSSION: ANNEXATION &THE JOINT PLANNING AGREEMENT:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes
grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long
as it does not create an enclave. The proposed annexation is not an enclave since the subject
property abuts the City limits on the south and west.
Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange
County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA
Agreement.
This annexation will require a small-scale comprehensive plan amendment according to
Subsection 8-B of the JPA Agreement since the proposed future land use classification is not
consistent with the JPA Land Use Map. The City has complied with the annexation provisions
contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this
petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning
Area Agreement. We have received no comments as of the date of this report.
Annexation Feasibility & Public Facilities Analysis Report: As a requirement of the JPA
agreement, the City is required to perform a feasibility analysis as a component of the
annexation procedure. Based upon the projected impacts of the proposed light industrial use,
the location, and the size of the property, Staff determined that the City cannot provide the full
range of urban services. In this case, sanitary sewer is not available, and there are no plans to
extend this sewer line at this time.
Comprehensive Plan: The proposed annexation of the subject property is partially consistent
with the Future Land Use Element Policy 2.5 governing annexations that states in part, 'The
City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of the existing City limits, when services can be properly provided, and when
proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the
City's Annexation Policy...."
The subject property is a voluntary annexation and is a logical extension of the existing City
limits; however, as discussed in the Annexation Feasibility & Public Facilities Analysis Report
above, the City cannot provide all services (sanitary sewer). Additionally, the proposed Light
The Honorable Mayor and City Commissioners
October 24,2003
Page 4 of 10
Industrial future land use classification is not consistent with the Future Land Use Map or the
JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the
small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail
below.
Assessed Valuation: The 2002 assessed valuation is $42,400.
Annexation & Initial Hold Harmless Agreement: The application package contains the
agreement.
In summary, the proposed annexation is a logical extension of the City limits; however, sanitary
sewer services cannot be provided as evidenced by the Annexation Feasibility & Public
Facilities Analysis Report. The annexation, therefore, does not meet all the requirements of the
Future Land Use Policy 2.5. The annexation meets state regulations, the JPA Agreement and
Ocoee annexation procedures.
DISCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONING:
The proposed Light Industrial future land use classification for this subject property is not
consistent the City of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the
applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to
change the Future Land Use/JPA Land Use Map Classification from Low Density Residential to
Light Industrial. After this amendment to the Comprehensive Plan, the applicant can then
request the initial zoning classification of Restricted Manufacturing & Warehousing (I-1) while
maintaining the consistency required between future land use classifications and zoning
classifications. The proposed small-scale comprehensive plan amendment and initial zoning is
discussed in greater detail below.
Transportation
Although sections of the Ocoee-Apopka Road are operating above the adopted level of service,
the accuracy of future traffic projections on this roadway may grossly understate future traffic
volumes when considering the growth in development and population in the northwest portion of
the City. As stated earlier, this roadway will not be improved as needed without the financial
support from the City of Ocoee. Past development practices and City policy would, in turn,
require the developers that will benefit from the Ocoee-Apopka Road improvements to
participate in the funding these roadway improvements.
The Ocoee Crown Point mixed-use developments will include an elementary and high school,
and recreation amenities that will further enhance the attractiveness of this area as evidenced
by the on-going and proposed development such as Westyn Bay (512 lots), Towns of Westyn
Bay (172 lots), Forestbrooke (362 lots), Eagles Landing (97 lots), McCormick Woods (182 lots)
and the Wine's property (100 lots). In spite of the opening of the Western Beltway/SR429
limited access, toll facility, Ocoee-Apopka Road will remain the major arterial for the movement
of local north-south traffic connecting these homes with the major shopping areas to the south
and, in turn, connecting other Ocoee residents to the new amenities such as the schools and
parks in the northwest portion of the City.
As indicated above, the Ocoee-Apopka Road is planned for future widening to a 4-lane facility
with a 120-foot right-of-way. In keeping with past practices and policy the applicant should be
required to donate 60 feet from the roadway centerline for right-of-way. This will allow for
The Honorable Mayor and City Commissioners
October 24,2003
Page 5 of 10
preservation of adequate land for the possible future widening construction. This dedication
should be addressed in a development agreement.
In order to preserve the through-traffic function of this major arterial roadway, comprehensive
access management procedures must be applied. These access management features will
require additional right-of-way to address right and left turn lanes into the property, roadway
improvements to accommodate large truck traffic, and joint access to the property. Again, these
turn lanes and access management considerations should be addressed in a development
agreement. (For additional information on the Proposed Access Management Plan for Ocoee-
Apopka Road, and the Access Plan for the West Properties, see the attached maps.)
The above discussion is supported by the policies in the Ocoee Comprehensive Plan
summarized below:
• Policy 1.6 in the Future Land Use Element: Control strip commercial development
through access limitations.
• Policy 2.2.3 in the Transportation Element: Adopt access management ordinances to
ensure access management control on roadways.
• Policy 2.2.4 in the Transportation Element: Preserve needed right-of-way through
funding by developer contributions.
• Policy 3.1.3. in the Transportation Element: Develop, support, and require access
management strategies on arterial roadways, including limited/joint access medians and
turn bays.
Drainage
The northwest ditch impacts this property on its western boundary. This drainage feature drains
the area southeast of the West Orange Girl's Club and the Palm Springs and Pioneer Key
subdivisions located southwest of this property. The ditch flows in a north-northwesterly
direction after leaving the subject property into the Lake Apopka basin. The northwest ditch is
designated as "Conservation/Floodplains" on the City of Ocoee Future Land Use Map and the
JPA Land Use Map. The area within this ditch should remain in this classification and not be
changed as a part of any land use map amendment.
This drainage feature should be clearly delineated from the remainder of the property in order to
formulate a development agreement with the applicant. This development agreement should
restrict development within the delineated area except for the construction of drainage
structures or other appropriate and necessary structures for the furtherance of the conservation
and drainage purposes.
The development agreement should also contain a City maintenance easement to insure the
continued maintenance of this critical drainage facility. The City Engineer indicated that a 15-
foot minimum maintenance easement dedicated on both sides of the northwest ditch would be
needed by the City in order to properly maintain the ditch.
The Honorable Mayor and City Commissioners
October 24,2003
Page 6 of 10
Floodplain
This property is impacted by the 100-year floodplain associated with the northwest ditch.
This floodplain is also depicted on the JPA Land Use Map and Ocoee Future Land Use Map as
"Conservation/Floodplains" land use. The floodplain like the drainage feature discussed above
should be clearly delineated in order to prevent incompatible development degrading or
constricting this natural feature, and the area should remain as a "Conservation/Floodplains"
land use. (For additional information on the Floodplain area, see the attached map.)
The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized
below:
• Policy 5.6 in the Future Land Element: Requires developers to delineate conservation
and floodplain lands on a site-by-site basis.
Water & Sanitary Sewer
As stated in the background information above, the potable water is available for the property,
but sanitary sewer is not available. The applicant should be responsible for any costs
associated with the extending and/or upgrading of the water and sewer lines to the property. All
water and sewer improvements should be consistent with the City's utility master plans. The
nearest sanitary sewer line is at the Silver Star and Ocoee-Apopka Road intersection
approximately 3,000 feet to the south.
The above discussion is supported by the policy in the Ocoee Comprehensive Plan summarized
below:
• Policy 2.8 in the Future Land Use Element: Manage development when and where
appropriate facilities to support it.
• Policy 5.3 in the Future Land Use Element: Requires central sewer for development
within and adjacent to wetlands or 100-year floodplain lands.
Land Use
The surrounding properties in the north Ocoee-Apopka Road area are within the Orange
County-City of Ocoee Joint Planning Agreement Area. A majority of these properties have a
Low Density Residential land use classification. This land use classification was jointly
developed by Orange County and the City of Ocoee to reflect the current and proposed future
residential character of this area.
Currently, the City of Ocoee has approximately 100 acres of undeveloped, industrially- zoned
properties. This annexation and requested land use change from Low Density Residential
(Orange County) to Light Industrial (City of Ocoee) coupled with the initial zoning to
Manufacturing &Warehousing (I-1) adds land to this over-zoned classification.
Many of the uses permitted in the I-1 zoning classification are also permitted in the General
Commercial District (C-3) and Community Commercial (C-2) zoning classification that could
allow for the conversion from industrial to commercial uses. (See attached Table 5-1: Permitted
Use Regulations from the Land Development Code.)
The Honorable Mayor and City Commissioners
October 24,2003
Page 7 of 10
The initial zoning of this property could set a precedent to zone more properties in the north
Ocoee-Apopka Road area as industrial and commercial, increasing the current oversupply of
land in these zoning classifications. Furthermore, the oversupply of industrial and commercial
zoned land may reduce the overall value of existing industrial and commercial zoned land within
the City. These lower land values could lessen incentive for developers to develop or redevelop
industrial and commercial properties that are already appropriately zoned and possess
adequate infrastructure. The applicant did not provide any market-based analysis indicating the
economic need for the change in land use from Low Density Residential to Light Industrial and
the subsequent zoning change to Manufacturing and Warehousing (I-1).
If Low Density Residential land uses are annexed, zoned, and developed as industrial and
commercial uses, the trend will also make it difficult for a residential developer to assemble the
appropriate amount of land for high-quality, low-density residential development envisioned for
the north Ocoee-Apopka Road area. If the vacant land is consumed by land uses other than the
low-density residential, when higher-density residential development does occur it may be of
lower quality and, as a result, lower the City's potential tax base.
When commercial and industrial land uses "outbid" the low-density residential land uses, the
resulting future businesses will not have the necessary residential customer base in close
proximity to support them economically. Without the appropriate residential customer base,
new business will also not locate in this area. This condition could cause further erosion of the
economic viability of the north Ocoee-Apopka Road area and spread to other industrial and
commercial land within the City. In other words, it is appropriate to maintain a balance between
industriaVcommercially zoned lands and residentially zoned lands so as not to adversely impact
either"buyers"or"sellers".
In summary the small-scale comprehensive plan amendment and the initial zoning are not
consistent with the adopted Ocoee Future Land Use Map or the JPA Land Use Map. The
proposed development is also lacks sanitary sewer service, adequate transportation facilities,
and lastly, does not provide evidence of economic need for the proposed change.
A development agreement for this property has been structured using the same format as that
used for the F/X Annexation. This development agreement assumes that the foregoing issues
are mitigated by the owner at the time of development of the property.
Northwest Sector Plan
The Mayor and City Commissioners recently approved funding for the "Northwest Sector Plan"
in recognition of the development pressure within Northwest Ocoee to change land uses from
lower density residential to more intense non-residential uses.
This sector plan will examine existing land uses in the area and the proposed changes from low-
density residential development to more intense non-residential uses and increased residential
density. It will also assess infrastructure deficiencies with particular emphasis on roadways and
sanitary sewer service, provide an analysis of the market demand for non-residential uses, and
identify funding sources for the needed infrastructure.
The purpose of the Northwest Sector Plan will be to prepare a comprehensive market-based
assessment of alternative land uses in order to define an economically-viable, preferred land
use scenario and to determine financially feasible funding sources for the provision of public
facilities. (See attached Northwest Sector Plan Primary Study Area Map.)
The Honorable Mayor and City Commissioners
October 24,2003
Page 8 of 10
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On October 14, 2002, the Development Review Committee (DRC) met to determine if the
proposed annexation was consistent with the City's regulations and policies. Based on the
above analysis and subsequent discussion, the DRC recommended the annexation of this
property subject to the execution of the development agreement.
PLANNING &ZONING COMMISSION RECOMMENDATION:
At their October 14, 2003 meeting, the Planning & Zoning (P&Z) Commission met to review the
application for Annexation, Small Scale Comprehensive Plan Amendment, Joint Planning Area
Agreement Amendment, and Initial Zoning for the property located at 6060 Ocoee-Apopka
Road. Since Milton West is also a P&Z member, he did not vote on these cases and sat in the
audience to answer questions concerning the proposed project.
At the beginning of the public hearing, James Gleason, the City Manager, indicated he did not
censor the Staff Report, but believed it was necessary to inform the P&Z Commission of his
recommendation to the City Commission to approve this project subject to the execution of the
development agreement for the property. This position was essentially Policy Option 3
contained in the Staff recommendation below.
He indicated that the Low Density Residential land use on the Joint Planning Area Agreement
Land Use Map was not consistent with the commercial and industrial development to the south
of the property; furthermore, considering the location next the West Orange Girls Club with the
associated lights and noise during the evening and morning would make residential
development inappropriate for this area. He also stated that waiting for the completion of the
Northwest Sector Study would be cause an unnecessary delay to the owner without any
significant change in the study outcome.
Milton West spoke on behalf of the proposed development indicating that he also believed
residential development for this property was inappropriate and that light industrial was
compatible with the surrounding land uses. Mr. West indicated that he has had inquiries about
storage facilities, offices, and a wholesale nursery and doubted any onerous uses would be
placed on the site. Lastly, he stated that he would sign the proposed development agreement
to mitigate the any adverse affects of the proposed actions.
Scott West, the son of Milton West, who resides at 888 Ocoee-Apopka expressed concerns
regarding the noise and light pollution from the West Orange baseball fields across the street,
and further indicated that the Whispering Winds Wholesale Nursery southeast of his property
regularly burns underbrush causing smoke problems for the area. For these reasons, he stated
that residential would be inappropriate for the area.
Kevin Keller of the Crown Pointe Woods subdivision located in Orange County north of this
property spoke in opposition to the proposed development. He indicated that the area had
residential land uses and feared that the change on this property would signal a "domino effect'
northward on Ocoee-Apopka Road.
Jan Kelley, an executive board member of the West Orange Girls Club, also spoke in
opposition. She stated that she would be concerned with the safety of the young girls that use
the ballpark if industrial uses were placed across the street. She indicated that the proximity of
The Honorable Mayor and City Commissioners
October 24,2003
Page 9 of 10
her facility would enhance the attractiveness for residential homes and not, as stated previously,
detract from the residential use.
After hearing testimony from the public and questioning Staff, the P&Z went into executive
session. After extensive discussion regarding various land use, compatibility, transportation,
and utility issues, the P&Z recommended Policy Option 3 contained in the Staff
recommendation below. The recommendations are as follows:
• Annexation Case # AX-03-04-04, the P&Z Commission unanimously
recommended approval subject to the execution of the Development Agreement;
• Small Scale Comprehensive Plan Amendment Case # SSCPA-03-004 was
recommended for approval by a 4-3 vote;
• Joint Planning Area Amendment Case # JPA-03-004 was recommended for
approval by a 4-3 vote; and for
• The Initial Zoning Case # AX03-04 -04 the P&Z Commission was recommended
for approval by a 4-3 vote that the zoning become I-1, Restricted Manufacturing
and Warehousing.
STAFF RECOMMENDATION:
Staff recognizes that this area of the community could develop in any number of land use
scenarios. Accordingly, three options in consideration of this annexation, the small scale
comprehensive plan amendment changing the future land use classifications from Low Density
Residential to Light Industrial including the JPA Agreement amendment, and the proposed initial
zoning classification change to Restricted Manufacturing &Warehousing (I-1) are offered:
• Policy Option 1: The denial of the complete application package including the
annexation, the small scale comprehensive plan amendment changing the future land
use classification from Low Density Residential to Light Industrial including the JPA
Agreement amendment, and proposed initial zoning classification of Restricted
Manufacturing &Warehousing (I-1) based on the inconsistency and incompatibility of the
land use and zoning on the existing and future land uses in the area and the lack of
adequate sanitary sewer and roadways as outlined discussion above.
• Policy Option 2: The postponement through a continuance of the complete application
package recognizing the incompatibility and inconsistency, but the reconsideration of the
package at such time when the Northwest Sector Plan produces a clear vision of the
preferred, economically-viable land use development scenario with financially feasible
funding sources for the known infrastructure deficiencies outlined above. The Northwest
Sector Plan would provide the basis for a comprehensive approach to the development
pressures in the area as opposed to a piecemeal/incremental approach to land use
changes such as proposed in this application.
• Policy Option 3: The approval of the complete application package, except for the area
designated "Conservation/Floodplains" land use classification, contingent on the
execution of a development agreement that mitigates some of the adverse impacts of
the proposed application package. This option, however, sets the precedent for
The Honorable Mayor and City Commissioners
October 24,2003
Page 10 of 10
consideration of further higher intensity land use changes in the northwest area as
opposed to the more comprehensive approach of Option 2. (For the parcel specific
limitations and mitigation requirement, see the draft development agreement attached.)
Attachments: Location Map
Annexation&Feasibility Report
Surrounding Future Land Use Map
Joint Planning Area Land Use Map
Surrounding Zoning Map
Table 5-1: Permitted Use Regulations(Land Development Code)
Floodplain Map
Proposed Access Management Plan Map
West Properties Access Plan Map
Northwest Sector Plan Primary Study Area Map
Annexation Ordinance#2003-48
Small Scale Comprehensive Plan Amendment Ordinance#2003-49
Joint Planning Area Agreement Amendment#7
Initial Zoning Ordinance#2003-50
Draft Development Agreement
\\Police_firel\PLANNING\Staff Reports\2003\SR03100 CC.doc
T. Milton West Properties
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CITY OF OCOEE
ANNEXATION & FEASIBILITY ANALYSIS
CASE NUMBER: AX-03-04-04
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to
individual properties. Each department has filled in the appropriate section and the findings are
summarized below.
L PLANNING DEPARTMENT Terry James, AICD
A. Applicant/Owner
1. Applicant T. Milton West
2. Owner: Milton &Wendy West
Scott & Kristen West
Same address as applicant.
B. Property Location
2/5 of a mile north of the intersection of Ocoee-
1. General Location: Apopka Road and Silver Star Road on the left/west
side.
2. Parcel Identification Number: 18-22-28-0000-00-001
3. Street Address: 606 Ocoee Apopka Road Ocoee, FL
4. Size of Parcel: 5.3 acres +/-
C. Use Characteristics
Planted in pine trees.
1. Existing Use:
2. Proposed Use: No specific use at yet.
3. Density/Intensity: n/a
4. Projected Population: n/a
D. Zoning and Land Use
Low Density Residential
1. Orange County Future Land Use:
2. Orange County Zoning: R-1-A
3. Existing Ocoee Future Land Use: n/a
4. Proposed Ocoee Zoning: Light Industrial (L-1)
E. Consistency
Not consistent with the JPA land use map.
1. Joint Planning Area:
2. Comprehensive Plan: Not consistent with the Future Land Use Map from the
Comprehensive Plan.
II. FIRE DEPARTMENT Chief Ron Strosnider
1. Estimated Response Time: 3-4 minutes from Station 1 CO 125 North Bluford Ave.
2. Distance to Property: 1.2 miles
3. Fire Flow Requirements: The nearest city hydrant is 1/4 mile to the south with a
Page 1
City of Ocoee
Annexation and Feasibility Analysis
Case#:AX 03-04-04
Applicant:T.Milton West
787 gallons/minute flow rate; a few county hydrants
are also located in the area with the flow rate
unknown.
III. POLICE DEPARTMENT Chief Steve Gocion
1. Police Patrol Zone/Grid/Area: Zone 12/Grid 81
2. Estimated Response Time: 2 minutes
3. Distance to Property: 1.03 miles
4. Average Travel Time 2 minutes
IV. ECONOMIC VALUE Terry James,AICP
1. Property Appraiser Taxable Value: $42,400
2. Property Appraiser Just Value $42,400
3. Estimated City Ad Valorem Taxes: Unknown at this time.
4. Anticipated Licenses & Permits: To be determined at site plan approval.
5. Potential Impact Fees: To be determined at site plan approval.
6. Total Project Revenues: Unknown at this time.
V. BUILDING DEPARTMENT Terry James,AICP
1. Within the 100-year Flood Plain: The western portion of the property appears to be in
the floodplain (FIRM # 12095CO210E).
VI. UTILITIES Richard Lee, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Yes
3. Extension Needed: Yes
4. Location and Size of A 12-inch main is available on the east side of Ocoee-
Nearest Water Main: Apopka Road; the exact distance is not available.
B. Sanitary Sewer
1. In Ocoee Service Area: No
2. City Capable of Serving Area: No
3. Extension Needed: n/a
4. Location and Size of n/a
Nearest Force Main:
5. Annexation Agreement Needed: n/a
C. Other
1. Utility Easement Needed: n/a
2. Private Lift Station Needed: n/a
3. Well Protection Area Needed: n/a
VII. TRANSPORTATION Terry James,AICP
None
1. Paved Access:
Page 2
City of Ocoee
Annexation and Feasibility Analysis
• Case#:AX 03-04-04
Applicant:T.Milton West
2. Row Dedication: Yes, Ocoee-Apopka Road/County Road 437 is
depicted in the Comprehensive Plan as a 4-lane
arterial and as such will need a minimum of 120 feet
(County standards) for the right-of-way.
3. Traffic Study: Yes, at a later date during the site plan approval
process.
4. Traffic Zone: 547
Vlp. PRELIMINARY CONCURRENCY EVALUATION Terry James,AICP
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change and will be subject to a concurrency evaluation during the site
plan approval process.
Not applicable, the application is for a non-residential use.
B. Parks &
Recreation:
At this time, adequate potable water capacity exists; sewer will not be
C. Water/Sewer: provided (see VI.B., above). Any extensions of potable water or sanitary
sewer will be the responsibility of the applicant.
The applicant will be required to handle the stormwater on-site, according to
D. Stormwater: the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan
approval process.
Actual impact fees will be calculated during the site plan approval process.
F. Impact Fees:
IX. SITE SPECIFIC ISSUES All Departments
The western portion of the property is designated as "Conservation/Floodplain" on the Future
Land Use Map. This area is larger than the 100-year flood plain designation indicated in V.1.,
above.
X. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP
This property is contiguous to the City boundaries and is reasonably compact per Chapter
171.044, Florida Statutes.
File: O:\TJames\DEVELOPMENT REVIEWSWNNEXATION_INITIAL ZONING\Milton West Properties\Annexation Feasibility
Report_West Properties_606.doc
Page 3
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ORDINANCE NO. 2003-48
TAX PARCEL ID# 18-22-28-0000-00-001
CASE NO. AX-03-04-04: T. Milton West Annexation (606 Ocoee Apopka Road)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 5.3 ACRES LOCATED NORTH OF SILVER STAR
ROAD ON THE WEST SIDE OF OCOEE-APOPKA ROAD PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
REPEALING CONFLICTING ORDINANCES; PROVIDING DIRECTION
TO THE CITY CLERK; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners
of certain real property located in unincorporated Orange County, Florida, as hereinafter
described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex approximately 5.3 acres of property as more particularly described in
Exhibit"A"hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee,Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement as subsequently amended (the "JPA Agreement") which
affects the annexation of the real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, comply with all applicable requirements of the Ocoee City Code, to be
consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
006.299730.2
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee,Florida, to include said real property; and
WHEREAS, the owner of the property has requested that the annexation of the
property not become effective until such time as the JPA Agreement is amended to allow for
industrial uses on the property; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as
an accommodation to the owner and the contract purchaser.
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE,FLORIDA,AS FOLLOWS:
Section 1. Authority. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171,Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. Petition. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
Section 3. Annexation. The following described real property located in
unincorporated Orange County, Florida is hereby annexed into the corporate limits of the City of
Ocoee,Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL
DESCRIPTION) ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
A map of said land herein described which clearly shows the annexed area is attached hereto as
EXHIBIT"B" and by this reference is made a part hereof.
Section 4. Consistency Finding. The Ocoee City Commission hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and
the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the JPA Agreement, and the Ocoee City Code.
Section 5. Corporate Limits. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
-2-
006.299730.2
Section 6. Official Maps. The City Clerk is hereby authorized and directed to update
and supplement official City maps of the City of Ocoee, Florida, to include said land herein
described and annexed.
Section 7. Liability. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
Section 8. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 9. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 10. Effective Date. This Ordinance shall take effect upon the delivery to the
City of an amendment to the JPA Agreement which allows for industrial land use on the subject
property, which JPA Amendment has been executed by both the City and Orange County (the
"JPA Amendment"). Thereafter the City Clerk is hereby directed to attach a copy of the JPA
Amendment to this Ordinance and to file a certified copy of this Ordinance with the Clerk of the
Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the
Florida Department of State within seven (7) days from the effective date. In the event the
foregoing does not occur within one-hundred eighty (180) days from the date this Ordinance is
adopted, then this Ordinance shall be null and void and of no further force and effect.
-3-
006.299730.2
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED AND
THE CITY OF OCOEE,FLORIDA READ FIRST TIME ,2003.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF ,UNDER
,2003 AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
-4-
006.299730.2
EXHIBIT"A"
Legal Description
606 Ocoee-Apopka Road
The North One-Half (N 1/2) of the Northeast Quarter (NE 114) of the Northeast Quarter (NE
1/4) of the Northwest Quarter (NW 1/4) and a strip on West 23 Yards on North end and 35
Yards on South end, all in Section 18, Township 22 South, Range 28 East, Orange County,
Florida. Subject to Right-of-Way for Ocoee-Apopka Road.
-5-
006.299730.2
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EXHIBIT "B"
T. Milton West Properties
Location Map
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006.299730.2
ORDINANCE NO. 2003-49
TAX PARCEL ID#18-22-28-0000-00-001
CASE NO. SSPCA-03-004: T.Milton West Comprehensive Plan Amendment
(606 Ocoee Apopka Road)
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/CONSERVATION/FLOOD PLAINS"
TO "LIGHT INDUSTRIAL/CONSERVATION/FLOODPLAINS," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.3
ACRES LOCATED NORTH OF SILVER STAR ROAD ON THE WEST
SIDE OF OCOEE-APOPKA ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND
USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee
Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance No. 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-03-004 in order to amend the Future
Land Use designation of certain real property containing approximately 5.3 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-03-004 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
WHEREAS, on October 14, 2003, the Planning and Zoning Commission of the City of
Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public
hearing and recommended adoption of Amendment Number SSCPA-03-004, conditioned upon
approval of an amendment to the Joint Planning Area Agreement entered into February 11, 1994
by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and
WHEREAS, on November 18, 2003, the City Commission held an advertised public
hearing and adopted Amendment Number SSCPA-03-004; and
006.299796.2
WHEREAS, all required public hearings have been held after due public notice in
accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter
180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"); and
WHEREAS, the Owner of the Property has requested that this Ordinance not become
effective until such time as evidencing the JPA Agreement is amended to allow for industrial
land uses on the Property (the "JPA Amendment") so as to cause this Ordinance to be consistent
with the JPA Agreement; and
WHEREAS, the City has agreed to delay the effective date of this Ordinance as an
accommodation to the Owner and the contract purchaser.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and
166,Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code.
SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is
hereby changed from "Low Density Residential/Conservation/Flood Plains" to "Light
Industrial/Conservation/Flood Plains". 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-03-004 consistent with
the provisions of this Ordinance.
SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Effective Date. This Ordinance shall take effect upon the occurrence of
the following: (1) delivery to the City of an amendment to the JPA Agreement which allows for
industrial land uses on the Property, which JPA Amendment has been executed by both the City
and Orange County (the "JPA Amendment"); and (2) Ordinance 2003-48 (annexing 606 Ocoee-
Apopka Road) becoming effective. In the event the foregoing does not occur within one-
hundred eighty (180) days from the date this Ordinance is adopted, then this Ordinance shall be
null and void and of no further force and effect.
2
006.299796.2
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST:
CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2003.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA.
APPROVED AS TO FORM AND
LEGALITY
this day of ,2003.
FOLEY and LARDNER
By:
City Attorney
3
006.299796.2
Exhibit"A"
Legal Description
606 Ocoee-Apopka Road
The North One-Half(N 1/2) of the Northeast Quarter(NE 114) of the Northeast Quarter(NE
1/4) of the Northwest Quarter(NW 1/4) and a strip on West 23 Yards on North end and 35
Yards on South end, all in Section 18,Township 22 South, Range 28 East, Orange County,
Florida. Subject to Right-of-Way for Ocoee-Apopka Road.
4
006.299796.2
EXHIBIT"B"
T. Milton West Properties
Location Map
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006.299796.2
SEVENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE
(Case No.JPA 03-004: West(606 Ocoee-Apopka Road Property))
THIS SEVENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT
(this "Amendment") is made and entered into as of the day of , 2003, by
and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida
(the "County") and the CITY OF OCOEE, a Florida municipal corporation (the"City").
RECITALS
WHEREAS, the County and the City have entered into a certain Joint Planning Area
Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August
4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by
the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment
thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6,
2003, as amended by the Sixth Amendment thereto dated July 15, 2003 and as amended by that
certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998
(hereinafter collectively referred to as the "Joint Planning Area Agreement"); and
WHEREAS, the Joint Planning Area Agreement relates to property described therein
which is located in and around the boundaries of the City(the "Joint Planning Area"); and
WHEREAS, both the County and the City exercise comprehensive planning authority
pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and
Land Development Regulation Act, and enforce land development regulations to regulate the
development of land within the respective areas of jurisdiction of each party; and
006.309826.2
WHEREAS, the County and the City have the authority to enter into this Amendment
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act in general and Section 163.3171, Florida Statutes, in particular; and
WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain
procedures for amending the future land use designations shown on the Joint Planning Area Land
Use Map (hereinafter the "JPA Land Use Map"); and
WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as
it relates to certain real property within the corporate limits of the City of Ocoee, consisting of
approximately 5.3 acres, and as more particularly described in Exhibit "1" attached hereto and
by this reference made a part thereof(hereinafter the "Affected Parcel"); and
WHEREAS, the Affected Parcel is located within the Joint Planning Area; and
WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in
order to change the land use designations shown on the JPA Land Use Map for the Affected
Parcel from "Low Density Residential" to "Industrial" (hereinafter referred to as the "Proposed
Map Amendment"); and
WHEREAS,the City has notified the County of the Proposed Map Amendment pursuant
to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the
County amend the JPA Land Use Map as it relates to the Affected Parcel; and
WHEREAS, the County has advised the City th t it desires that separate public hearings
be held with respect to this Amendment; and
006.309826.2 -2
•
WHEREAS, the local planning agencies of both the County and City have considered
this Amendment and made recommendations to the Orange County Board of County
Commissioners and the Ocoee City Commission,respectively; and
WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has
been approved at advertised public hearings held by both the Orange County Board of County
Commissioners and the Ocoee City Commission.
NOW, THEREFORE, in consideration of the covenants made by each party to the other
and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of
which is hereby acknowledged,the County and the City hereby agree as follows:
Section 1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
Section 2. Authority. This Amendment is entered into pursuant to (1) Chapters 125,
163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes,
relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint
Planning Area Agreement.
Section 3. Definitions. All terms and phrases used in this Amendment shall be as
defined in the Joint Planning Area Agreement unless otherwise indicated.
Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The
JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel
from"Low Density Residential" to "Industrial". The Affected Parcel is described in Exhibit"1"
attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth
the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All
006.309826.2 -3
references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to
include the JPA Land Use Map as amended to incorporate this Amendment.
Section 5. Continuing Effect. Except as expressly set forth herein, the Joint
Planning Area Agreement remains unchanged and in full force and effect.
-4-
006.309826.2
IN WITNESS WHEREOF, the County and City have executed this Amendment on
behalf of the County and City, respectively, and have set their seals hereto as of the date set forth
above.
ORANGE COUNTY,FLORIDA
By: BOARD OF COUNTY COMMISSIONERS
By:
County Chairman
DATE:
ATTEST: ,County
Comptroller As Clerk of Board of County
Commissioners
Deputy Clerk
006.309826.2 -5
CITY OF OCOEE,a Florida municipal
WITNESSED: corporation
By:
Printed Name: S.SCOTT VANDERGRIFT,Mayor
Attest:
Printed Name: JEAN GRAFTON,City Clerk
(SEAL)
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY
ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON
OCOEE,FLORIDA; APPROVED ,2003 UNDER
AS TO FORM AND LEGALITY AGENDA ITEM NO.
this day of , 2003
FOLEY&LARDNER
By:
City Attorney
006.309826.2 -6-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City
Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they
severally acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2003.
Signature of Notary
Name of Notary(type,printed or stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
006.309826.2 -7-
Exhibit"1"
606 Ocoee-Apopka Road
The North One-Half(N 1/2) of the Northeast Quarter(NE 114) of the Northeast Quarter(NE
1/4) of the Northwest Quarter(NW 1/4) and a strip on West 23 Yards on North end and 35
Yards on South end, all in Section 18, Township 22 South, Range 28 East, Orange County,
Florida. Subject to Right-of-Way for Ocoee-Apopka Road.
006.309826.2 -8-
ORDINANCE NO. 2003-50
TAX PARCEL ID# 18-22-28-0000-00-001
CASE NO.AX-03-04-04: T. Milton West Zoning(606 Ocoee-Apopka Road)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1A,
"SINGLE FAMILY DWELLING" TO OCOEE I-1 "RESTRICTED
MANUFACTURING AND WAREHOUSING" FOR CERTAIN
PROPERTY CONTAINING APPROXIMATELY 5.3 ACRES LOCATED
NORTH OF SILVER STAR ROAD ON THE WEST SIDE OF OCOEE-
APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY
THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property annexed into
the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No. 2003-48 (annexing
606 Ocoee-Apopka Road) have submitted an application to the City Commission of the City of
Ocoee, Florida(the "Ocoee City Commission") to rezone approximately 5.3 acres of property, as
more particularly described in Exhibit "A", from Orange County R-1A "Single Family
Dwelling"to Ocoee I-1 "Restricted Manufacturing and Warehousing"; and
WHEREAS, at such time as Ordinance No. 2003-49 (Comprehensive Plan Amendment
for 606 Ocoee-Apopka Road) becomes effective, the rezoning requested by the Applicant will be
consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28,
adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, at such time as the City and Orange County approve an amendment to the
Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended(the "JPA Agreement") which amendment allows for industrial land
uses on the subject property,the rezoning will be consistent with the JPA Agreement; and
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described; and
WHEREAS,pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has
the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, on October 14, 2003, the Planning and Zoning Commission of the City of
Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the
rezoning be approved, conditioned upon approval of a Small Scale Comprehensive Plan
006.299792.2
Amendment to the Ocoee Comprehensive Plan and further conditioned upon approval of an
amendment to the JPA Agreement; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed rezoning of said real property; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041, Florida Statutes; and
WHEREAS, the City has required that this Ordinance not become effective until such
time as the JPA Agreement is amended to allow for industrial land uses on the subject property
(the "JPA Amendment"), so as to cause the rezoning to be consistent with the JPA Agreement.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter
166,Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, for the following described real property containing approximately 5.3 acres within the
corporate limits of the City of Ocoee, Florida is hereby changed from Orange County R-1A
"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 the
occurrence of the following: (1) delivery to the City of an Amendment to the JPA Agreement
2
006.299792.2
which allows for industrial land uses on the Property, which JPA Amendment has been executed
by both the City and Orange County (the "JPA Amendment"); and (2) Ordinance No. 2003-48
(annexing 606 Ocoee-Apopka Road)becoming effective.
PASSED AND ADOPTED this day of , 2003.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2003.
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 & LARDNER
By:
City Attorney
006.299792.2 3
EXHIBIT"A"
Legal Description
606 Ocoee-Apopka Road
The North One-Half (N 1/2) of the Northeast Quarter (NE 114) of the Northeast Quarter (NE
1/4) of the Northwest Quarter (NW 1/4) and a strip on West 23 Yards on North end and 35
Yards on South end, all in Section 18, Township 22 South, Range 28 East, Orange County,
Florida. Subject to Right-of-Way for Ocoee-Apopka Road.
006.299792.2 4
EXHIBIT"B"
T. Milton West Properties
Location Map
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006.299792.2 5
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Scott A.Cookson,Esq.
FOLEY&LARDNER
111 North Orange Avenue,Suite 1800
Post Office Box 2193
Orlando,FL 32802-2193
(407)423-7656 For Recording Purposes Only
Case No.:AX-03-04-04:T.Milton West
Tax I.D.#: 18-22-28-0000-00-0001
DRAFT
DEVELOPMENT AGREEMENT
(WEST-606 Ocoee Apopka Road)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the day of , 2003, by and between T. MILTON WEST and
WENDY Q. WEST, husband and wife, and T. SCOTT WEST III and KRISTEN K. WEST,
husband and wife (hereinafter collectively referred to as the "Owner"), whose mailing address is
Post Office Box 392, Ocoee, Florida 34761, 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, 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 Property. Within sixty (60) days following
receipt of written notice from the City requesting the same, but in no event later than time of
platting or site plan approval for 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
006.305764.1
•
frontage on the existing right-of-way for Ocoee-Apopka Road to allow for sixty (60) feet of
right-of-way west of the centerline of the existing right of way for Ocoee-Apopka Road (the
"Right-of-Way Property"). All roadway improvements, turn lanes, and medians, and cross
access roads shall be designed so as to accommodate large truck traffic and shall otherwise
comply with the then existing City specifications for public roads. The Right-of-Way Property
shall be dedicated and conveyed by the Owner to the City by warranty deed free 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. All roadway improvements along the
Ocoee-Apopka Road shall be designed so as to accommodate auto and large truck traffic and
shall otherwise comply with the then existing City specifications for public roads.
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 Ocoee-Apopka Road within the Right-of-Way Property.
Section 3. Conveyance of Turn Lane Property. In addition to the conveyance of the
Right-of-Way Property, prior to the time of platting or site plan approval for the Property or any
contiguous property, the Owner shall dedicate and convey to the City sufficient land lying
adjacent and contiguous to, Ocoee-Apopka Road to allow for right and left turn lanes that
provide the appropriate geometry for auto and large truck entrance/exit points, including right
in/right out configurations, if needed, at a location to be approved by the City (the "Turn Lane
Property") and identified in Exhibit "B": Access Plan for the Milton West Properties. The Turn
Lane Property shall be dedicated and conveyed to the City following the same requirements as
set forth above for the Right-of-Way Property.
Section 4. Ocoee-Apopka Medians. Full and partial median openings along Ocoee-
Apopka Road shall follow the access management plan for Ocoee-Apopka Road as identified in
Exhibit "C": Ocoee-Apopka Road Access Management Plan. Prior to any 4-lane widening of
Ocoee-Apopka Road raised median separators will need to be designed and constructed by the
006.305764.1 -2
Owner at his expense to accommodate auto and large truck traffic. These median improvements
shall be based on a full traffic impact study provided by the Owner and conducted as part of the
initial development of the property. The City shall, in advance, approve the traffic impact
methodology.
Section 5. Cross Access Easements. Owner hereby agrees that any subdivision plan or
site plan for development of Property approved by the City will provide for cross access between
the Property and 531 Ocoee-Apopka Road (PIN: 07-22-28-0000-00-019) and 450 Ocoee-Apopka
Road (PIN: 18-22-28-0000-00-006) so as to allow for pedestrian and vehicular cross access
between the Property and the adjacent parcels so as to reduce or minimize to the greatest extent
possible the number of entrance and exit points on Ocoee-Apopka Road as identified in Exhibit
"B". The Owner shall enter into such easement agreements as may be required by the City to
effectuate the intent of this provision.
Section 6. Floodplain and Drainage.
(A) No subdivision plan or site plan for the Property shall be approved without
the delineation of both the 100-year floodplain and the drainage facility known as the "northwest
ditch". The methodology used to delineate the above shall follow professionally accepted
engineering practices and be approved, in advance, by the City. Unless otherwise approved by
the City, no development shall be allowed within the 100-year floodplain and the "northwest
ditch".
(B)Within sixty(60) days following receipt of written notice from the City
requesting the same,but in no event later than the time of platting or site plan approval for the
Property, the Owner shall convey to the City at least a fifteen (15) foot easement on both sides of
the "northwest ditch" in order to allow for access and maintenance of the "northwest ditch" as a
functioning drainage facility. The form of the easement shall be subject to the approval of the
City. The costs and expenses related to the conveyance including the cost of preparation of the
legal description and/or sketch of description and recording costs shall be borne solely by the
Owner.
(C) The Owner shall install drainage pipes and enclose the existing drainage ditch
fronting the Property and adjacent to Ocoee-Apopka Road all in accordance with sound
engineering practices as part of the initial development of the property.
Section 7. Water and Sanitary Sewer Facilities.
(A)The Owner acknowledges that water service is available to the Property. Any
improvements, upgrades or connections to the water lines will be the sole responsibility of the
Owner. Any improvements, upgrades or connections to the water lines shall be consistent with
the City's utility master plans. The water supply must be designed to accommodate fire flow
demand.
(B)The Owner acknowledges that no sewer service is available to the Property.
Any improvements, upgrades or connections to the sewer lines or lift station improvements will
be the sole responsibility of the Owner. Any improvements, upgrades or connections to the
006.305764.1 -3
•
sewer lines shall be consistent with the City's utility master plans. Septic tank installation in lieu
of sanitary sewer service shall only be permitted at the discretion of the City.
Section 8. 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 9. 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 10. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the Owner,
execute and deliver letters affirming the status of this Agreement.
Section 11. 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 12. 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 13. 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 14. Further Documentation. The parties 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 15. 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 16. 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,
006.305764.1 -4
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 17. 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 18. 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 19. 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.
Section 20. Effective Date. This Agreement shall first be executed by the owner and
submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee
City Commission, this Agreement shall be executed by the City. The Effective Date of this
Agreement shall be the date of approval by the Ocoee City Commission. This Agreement shall
be null and void and of no further force and effect in the event Ordinance No. 2003 -48 [606
Annexation Ordinance] does not become effective or in the event an amendment to the Joint
Planning Area Agreement which allows for industrial land uses on the Property, which JPA
Amendment has been executed by both the City and Orange County, is not received by the City
within one-hundred eighty (180) days from the date Ordinance 2003 -48 [606 Annexation
Ordinance] is adopted.
006.305764.1 -5-
Section 20. 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 T.MILTON WEST
Print Name
Print Name WENDY Q.WEST
Print Name
Print Name T. SCOTT WEST III
Print Name
Print Name KRISTEN K.WEST
Print Name
006.305764.1 -6-
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared T. MILTON WEST,
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):
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared WENDY Q. WEST,
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):
006.305764.1 -7-
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared T. SCOTT WEST
III, 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):
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared KRISTEN K.
WEST, 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):
006.305764.1 -8-
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
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):
006.305764.1 -9-
EXHIBIT "A"
THE PROPERTY
606 OCOEE-APOPKA ROAD
The North One-Half(N 1/2) of the Northeast Quarter(NE 114) of the Northeast Quarter(NE
1/4) of the Northwest Quarter(NW 1/4) and a strip on West 23 Yards on North end and 35
Yards on South end, all in Section 18, Township 22 South, Range 28 East, Orange County,
Florida. Subject to Right-of-Way for Ocoee-Apopka Road.
006.305764.1 -1 0-