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VII(B6 a-c) First Reading of Ordinance T. Milton West 888 Ocoee Apopka Road Annexation, Small Scale CPA, Initial Zoning
Agenda 11-04-2003 • Center of Good LiItem VII B6 a,b&c Mayor �Vt, - Commissioners S. Scott Vandergrift 0,0•1 Danny Howell, District 1 A krScott Anderson, District 2 RustyJohnson, District 3 City Manager 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—888 Ocoee-Apopka Road Ordinance#2003-54—Annexation (Case#AX-03-04-07) Ordinance#2003-55—Small Scale Comprehensive Plan Amendment (Case#SSCPA-03-007) 10th Joint Planning Area Agreement Amendment(Case#JPA-03-007) Ordinance#2003-56—Initial Zoning (Case#AX-03-04-07) Development Agreement ISSUE: Should the Mayor and City Commissioner adopt Annexation Ordinance #2003-54, Small Scale Comprehensive Plan Amendment Ordinance# 2003-55, 10th Amendment to the Joint Planning Area (JPA) Agreement, Initial Zoning Ordinance # 2003-56, and Development Agreement for 888 Ocoee-Apopka Road? BACKGROUND: General Location: The property is located at 888 Ocoee-Apopka Road (County Road 437) in unincorporated Orange County on the west side of roadway approximately Ys mile north of the Ocoee Apopka Road/Silver Star Road intersection. Parcel Identification#: 07-22-28-0000-00-063 Property Size: +1- 1.3 acres Actual land use. proposed development plans. unique features, and plan consistency of the subject property: The property has one occupied principal residential building. 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 10 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/Citrus Rural City of Ocoee/Restricted Manufacturing&Warehousing(I-1) Current future land use and zoninq 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 Low Density Residential Orange County/Citrus Rural West Low Density Residential Orange County/Citrus Rural 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 11b), 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 as follows: 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-03-04-04 888 Ocoee-Apopka North Southern 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) # 12095CO210E, dated 12-6-00: ANNEXATION&INITIAL ADDRESS PROPERTY LOCATION IN PORTION OF THE PROPERTY ZONING NUMBER RELATION TO THE IMPACTED FLOODPLAIN AX-03-04-04 888 Ocoee-Apopka North Southern 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. Annexation of the property at 888 Ocoee-Apopka Road alone will create an enclave unless the two properties to the south located at 531 and 606 Ocoee- Apopka Road (PIN: 07-22-28-0000-00-019 and 18-22-28-0000-00-001, respectively) are annexed joining 888 Ocoee-Apopka Road with the City boundary. 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 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, if the property at 888 Ocoee-Apopka Road is annexed alone it will create an enclave. The Honorable Mayor and City Commissioners October 24,2003 Page 4 of 10 As discussed in the Annexation Feasibility & Public Facilities Analysis Report above, the City cannot provide all services (in this case, sanitary sewer). Additionally, the proposed Light 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 $94,503. 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, an enclave will be created unless the two properties to the south at 606 and 531 Ocoee-Apopka Road are annexed with this property joining them to the City boundary. All urban services cannot be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report; therefore the annexation does not meet all the requirements of the Future Land Use Policy 2.5 governing annexations as discussed above. The annexation meets state regulations and intergovernmental coordination agreements (the JPA Agreement) with the exceptions noted in the discussion above. 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 The Honorable Mayor and City Commissioners October 24,2003 Page 5 of 10 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 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 part of any land use 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- The Honorable Mayor and City Commissioners October 24,2003 Page 6 of 10 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. 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 "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 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. The Honorable Mayor and City Commissioners October 24,2003 Page 7 of 10 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 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 industrial/commercially zoned lands and residentially zoned lands so as not to adversely affect either "buyers" or "sellers". Accordingly, the requested changes are believed to be premature until a more definite pattern of development is exhibited in this area and adequate infrastructure is provided. 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 The Honorable Mayor and City Commissioners October 24,2003 Page 8 of 10 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.) 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. The Honorable Mayor and City Commissioners October 24,2003 Page 9 of 10 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 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-03-04-07, the P&Z Commission unanimously recommended approval subject to the execution of the Development Agreement; • Small Scale Comprehensive Plan Amendment Case # SSCPA-03-007 was recommended for approval by a 4-3 vote; • Joint Planning Area Amendment Case # JPA-03-007 was recommended for approval by a 4-3 vote; and for • The Initial Zoning Case # AX03-04 -07 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 The Honorable Mayor and City Commissioners October 24,2003 Page 10 of 10 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 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#2003-54 Small Scale Comprehensive Plan Amendment Ordinance#2003-55 Joint Planning Area Agreement Amendment#10 Initial Zoning Ordinance#2003-56 Draft Development Agreement \\Police_firel\PLANNING\Staff Reports\2003\SR03102 CC.doc T. Milton West Properties Location Map il ,1i p ;`II In a I I O 1 a N . � I d .0 ,, w o w O I W I ally 1 i I ' II 850 :88 iI , I I 531 , I / 1 606 I w i Z FE Li I 1 II 1 , ISANDERS , I � f i i pi r . E_L Y SIE• . 'r - © IIIflAfi . 0 � � :ii;• 1 re mow 111■ . = City of Ocoee Annexation and Feasibility Analysis Case Number: AX-03-04-06 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. I. PLANNING DEPARTMENT Terry James, AICP A. Applicant/Owner 1. Applicant T. Milton West 2. Owner: Ralph V. Hadley III 1031 West Morse Blvd., Suite 350 Winter Park, FL 32789 B. Property Location Ocoee-Apopka Rd. 1/2 mile north of intersection of 1. General Location: Silver Star Rd and Ocoee-Apopka Rd. 2. Parcel Identification Number: 07-22-28-0000-00-021 3. Street Address: 850 Ocoee-Apopka Rd. Ocoee, FL 34761 4. Size of Parcel: 9.4 +/- acres C. Use Characteristics One vacant building with pines 1. Existing Use: 2. Proposed Use: No specific use as 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: Agriculture (A-1) 3. Existing Ocoee Future Land Use: n/a 4. Proposed Ocoee Zoning: Light Industrial (I-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 in the Comprehensive Plan. Page 1 of 3 City of Ocoee • Annexation and Feasibility Analysis Case#:AX-03-04-06 Applicant:T.Milton West II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-4 minutes from Station 1/125 North Bluford Ave. 2. Distance to Property: 1.2 miles 3. Fire Flow Requirements: The nearest city hydrant is 1/4 to the south with a 787- gallons/minute flow rate; a few county hydrants are also located in the area with flow rate unknown. III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid/Area: Zone 12/Grid 81 2. Estimated Response Time: 2 minutes 3. Distance to Property: 1.12 miles 4. Average Travel Time 3 minutes IV. ECONOMIC VALUE Terry James, AICP 1. Property Appraiser Taxable Value: $126, 946 2. Property Appraiser Just Value $140,438 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 southern portion of this parcel appears to be located in the floodplain (FIRM # 12095CO210E/12-6- 00). VI. UTILITIES David Wheeler, 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 Page 2 of 3 City of Ocoee Annexation and Feasibility Analysis • Case#:AX-03-04-06 Applicant:T.Milton West VII. TRANSPORTATION Terry James, AICP No 1. Paved Access: 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 Analysis Zone: 547 VIII. 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. F. Impact Fees: Actual impact fees will be calculated during the site plan approval process. IX. SITE SPECIFIC ISSUES All Departments The southern and 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 Annexation of the property at 850 Ocoee-Apopka alone will create an enclave unless the two properties to the south located at 531 and 606 Ocoee-Apopka Road are annexed to join 850 Ocoee-Apopka Road with the existing the City boundary. File: O:\TJames\DEVELOPMENT REVIEWS\ANNEXATION_INITIAL ZONING\Milton West Properties\Annexation Feasibility Report_West Properties_850.doc Page 3 of 3 _. . a���/r__ W 1 -T7= 1 I 1 I 1 1 \ \ 1 x 1 1 11 1 ■■■'.4i I."■=' ■/■■.'4 mail'' MA11 WW I ___ Color Co in Staff Report for I�l.IIaS i.o. ■/■/ 1 t1//moi 1.'.� �1'• ( P �■�■'" ' i'ii"i iii!"'i ""� • 531 Ocoee-Apopka Road 1.Iw•I:A /uiwi iwiil. :-�'r.�>>�,U►:I ':_..� _ aa...aa .....MMUM `�� `/■!!/■■ (T. 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' t '.t.'4,-,;• S la N .i'., o `( a, y a+fF' S« _t r " `iia g=� �' k' ." 3 i' ft -p, 'k �+ �a 7 t r'- �"�aa tl .• 4 .a k..::,..';'*40:4:13141:;;.? ';' :m;,$S:r--' t� :*'�� .,, _�a}'' \.,*•_>a,;;,.S.S'� f-, C+�1'� 7: 1- a� .t fd ..�{< Tti a'ta°a t,:;.' ..- ,".' .1 (.. N�,> <; .l ,...,.° r' '} ,...,-...::i„,,,...,n.{ .Y. .".F 3 p A,k ar, „( a,' .•3! �.;es°.�.',,.(, �A,%`.;.;.'„"`t > i -. , ORDINANCE NO. 2003-54 TAX PARCEL ID#07-22-28-0000-00-063 CASE NO.AX-03-04-07: T.Milton West Annexation (888 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 1.13 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 1.13 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 006.299750.2 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 Ordinance No. 2003-51 (annexation of 531 Ocoee-Apopka Road)becoming effective; and WHEREAS, the City has agreed to delay the effective date of this Ordinance as an accommodation to the owner. 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- 006.299750.2 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 occurrence of the following: (1) 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"), and (2) Ordinance No. 2003-51 (annexation of 531 Ocoee-Apopka Road) becoming effective. 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- 006.299750.2 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 ,2003. 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- 006.299750.2 EXHIBIT"A" Legal Description 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA. -5- 006.299750.2 EXHIBIT "B" T. Milton West Properties Location Map 0 6 11 w .ceww Q ,i 850 88 531 ,,, Alk .1 ` 606 i i f i w / Z a I i , I 1 eANior s i 1 1 I I, I , .:: s ,,, S E S E.T I i f = 44 -1 ii is 0 1 ' \ \ :1=7 tirtt, 44‘f,e,, 1(4, INIIMI .1111 glum am .i' ,,. 'c,\'';‘\ ____1----WI-1 *90 /A,104110 ma RA am Ns Imo 11111 -6- 006.299750.2 ORDINANCE NO. 2003-55 TAX PARCEL ID#07-22-28-0000-00-063 CASE NO. SSPCA-03-007: T. Milton West Comprehensive Plan Amendment (888 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/FLOOD PLAINS," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.13 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-03-007 in order to amend the Future Land Use designation of certain real property containing approximately 1.13 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-03-007 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-03-007, 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-03-007; and 006.309780.2 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 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-03-007 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 2003-54 (annexation of 888 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. 2 006.309780.2 PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) ADVERTISED ,2003. 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 3 006.309780.2 Exhibit"A" Legal Description 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY,FLORIDA. 4 006.309780.2 Exhibit"B" T. Milton West Properties Location Map _ 1 , -,1 ,`, .1 ! -----7--- I ''it L Q ! w — O I.cc 1. w r I i 8 w I-I: ', I i 850 . ,:,. 88 531 / / ' 606 I i i w Z a i I II I I, I ., .; ,.- -, S E SIE-- 0 Ima i . 441 , = 4am am No JIB IP ■ moo us 5 006.309780.2 TENTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (Case No.JPA 03-007: West (888 Ocoee-Apopka Road Property)) THIS TENTH 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, as amended by the Seventh Amendment thereto dated , 200_, as amended by the Eighth Amendment thereto dated , 200_, as amended by the Ninth Amendment thereto dated , 200_ 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 006.309831.2 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 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 1.13 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 -2- 006.309831.2 WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and 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" -3- 006.309831.2 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 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- 006.309831.2 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 -5- 006.309831.2 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 -6- 006.309831.2 • 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): -7- 006.309831.2 Exhibit"1" 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA. -8- 006.309831.2 ORDINANCE NO. 2003-56 TAX PARCEL ID#07-22-28-0000-00-063 CASE NO.AX-03-04-07: T.Milton West Zoning (888 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 1.13 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 - 54 [888 Annexation Ordinance] have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 1.13 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. 2003-55 (annexing 888 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 006.309786.2 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 1.13 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 006.309786.2 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. 2003-54 (annexing 888 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 ,2003. 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 006.309786.2 3 EXHIBIT"A" Legal Description 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30" W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00" EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00" EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00" WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA. 006.309786.2 4 EXHIBIT"B" T. Milton West Properties Location Map II _ cbl 'i i 1 N � , O€ 1 . I W . i _ I 1. 850 88 I 531 all. 606 I E z i a j , I r I _-.1DS [.I 1 I I I, — I S E EY E.- 0 • I, , = Elf **4;k4N• 4 . •• mos I3) . j C' w 5 006.309786.2 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-03-04-07: T.Milton West Tax LD.#07-22-28-0000-00-063 DRAFT DEVELOPMENT AGREEMENT (WEST-888 Ocoee Apopka Road) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2003, by and between THOMAS S. WEST III and KRISTEN H. WEST, husband and wife, whose mailing address is 888 Ocoee-Apopka Road, 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, 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 frontage on the existing right-of-way for Ocoee-Apopka Road to allow for sixty (60) feet of THIS INSTRUMENT PREPARED BY right-of-way west of the centerline of the existing right of way for Ocoee-Apopka Road (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 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 identified in Exhibit "C": Ocoee-Apopka Road Access Management Plan. The full median opening shall align with the entrance to 881 Ocoee-Apopka Road (PIN: 07-22-28-0000-00-015). Prior to any 4- lane widening of Ocoee-Apopka Road, raised median separators will need to be designed and constructed by the 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 THIS INSTRUMENT -2- PREPARED BY 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 850 Ocoee-Apopka Road (PIN: 07-22-28-0000-00-021) 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 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. THIS INSTRUMENT -3- PREPARED BY 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 that 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, 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 THIS INSTRUMENT -4- PREPARED BY 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 - 54 [888 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 - 54 [888 Annexation Ordinance] is adopted. THIS INSTRUMENT -5- PREPARED BY 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 THOMAS S.WEST III Print Name Print Name KRISTEN H.WEST Print Name THIS INSTRUMENT -6- PREPARED BY 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 THOMAS S. 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 H. 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): THIS INSTRUMENT -7- PREPARED BY 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): THIS INSTRUMENT _g PREPARED BY EXHIBIT "A" The Property 888 Ocoee-Apopka Road FROM A POINT 933.24 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1\4 OF THE SOUTHWEST 1\4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 86 DEGREES 45' WEST 31.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD FOR THE POINT OF BEGINNING; THENCE RUN SOUTH 1 DEGREE 14' EAST 42.54 FEET ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET; THENCE NORTH 0 DEGREES 13' WEST 157.91 FEET; THENCE SOUTH 89 DEGREES 45' EAST 172.55 FEET TO A POINT ON THE WEST RIGHT 0 WAY OF OCOEE-APOPKA ROAD; THENCE SOUTH 1 DEGREE 14' EAST 107.44 FEET TO THE POINT OF BEGINNING. AND FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 00 DEGREES 02' 30"W ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTHWEST 1/4 933.24 FEET; THENCE S 86 DEGREES 45' WEST 31.63 FEET TO THE WEST RIGHT OF WAY OF SR 437, (OCOEE-APOPKA ROAD), THENCE SOUTH 1 DEGREE 14' 00"EAST ALONG SAID RIGHT OF WAY LINE 42.54 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 39' WEST 175.34 FEET, THENCE SOUTH 00 DEGREES 13' 00"EAST 101 FEET MORE OF LESS TO DRAINAGE DITCH; THENCE SOUTH ALONG CENTER LINE OF SAID DITCH, SOUTH 78 DEGREES EAST 184 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY OF STATE ROAD 437; THENCE NORTH 1 DEGREE 14' 00"WEST ALONG RIGHT OF WAY LINE 145 FEET MORE OR LESS TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA. THIS INSTRUMENT -9- PREPARED BY