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Home My WebLink AboutVI(B1abc) Second Reading of Ordinanaces: Adair Pointe & Richard Doss Property Agenda 9-02-2003 Item VI B1 a,b,c Center of Good Live 'Sbe ` ` Mayor d' Commissioners S. Scott Vandergrift Danny Howell, District 1 OE Scott Anderson, District 2 City Manager -` _ Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT DATE: August 21, 2003 TO: Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Planner / THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Adair Pointe—Annexation & Initial Zoning (Case#AR-02-10-07) Ordinance 2003-26 (Annexation) Ordinance 2003-27 (Initial Zoning) ANNEXATION: ISSUE: Should the Mayor and City Commissioners adopt Ordinance 2003-26 annexing the above referenced property? BACKGROUND: The Adair Pointe property includes about 3.52 acres located within a County enclave. The property is located on the east side of Adair Street approximately 1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. (See attached Location Map.) The subject property, Parcel ID 08-22-28-0000-00-042, is currently undeveloped and is covered with trees. 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 requested annexation satisfies the above criteria. The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA). Since the property is contiguous to the City limits, the property is being considered for annexation as outlined in the JPA Agreement. We have notified Orange County Planning Staff of the Annexation Petition. At the time of the writing of this report, there were no responses. The requested annexation is consistent with the JPA Agreement, state annexation criteria, and the standards established by the City. DISCUSSION: Staff has determined that the City can adequately provide the typical range of urban services to the subject property. Concurrently with this annexation application, an Annexation Agreement and a Preliminary Subdivision Plan for the property have been prepared. Along with the usual utility improvements, the documents indicate that the property owner will provide additional road right-of-way for Adair Street. When the City Commission holds public hearings for the proposed annexation and initial zoning for the property, a public hearing will also be held for the Preliminary Subdivision Plan. August 21, 2003 City Commission Page 2 of 3 A memo from the City Attorney Office, dated June 13, 2003, (copy attached) addressed the need for three legal documents related to this annexation: 1) a Quit-Claim Deed, 2)a Warranty Deed, and 3) the Annexation Agreement. Due to the inadvertent, improper conveyance of the property from the property owner (Franken Properties, JV)to the City, the City now must use a Quit-Claim Deed to convey the property back to the property owner. The Warranty Deed will be used to dedicate 25 feet of road right-of-way along Adair Street to the City for future road widening. The Annexation Agreement for consideration by the City details the conveyance to the City a 25-foot wide strip of frontage along the existing right-of-way of Adair Street and the documents the owner must provide concurrently with the conveyance. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION; The proposed annexation of the Adair Pointe property was reviewed by the Development Review Committee (DRC)on June 23,2003. When the discussion was finished, the Committee voted unanimously to recommend approval of the proposed annexation. NOTE: The few issues related to legal documents that needed to be finalized and a sidewalk shown on the plan were resolved. INITIAL ZONING: ISSUE: Should the Mayor and City Commissioners approve Ordinance 2003-27 adopting an Initial Zoning designation of R-1 "Single-Family Dwelling District"for the 3.52 acres ? DISCUSSION: The Applicant wishes to develop a single-family residential subdivision and requests a zoning designation of R-1 "Single-Family Dwelling District". Except for the approximately equal size lots adjacent to the north and to the south of the subject property that are zoned R-3 and R-2 respectively, the surrounding area is zoned R-1, as shown on the Surrounding Zoning Map attached. The proposed R-1 zoning is consistent with the County's and City's Future Land Use designation of Low-Density Residential, as shown on the Surrounding Future Land Use Map attached. The proposed R-1 initial zoning is consistent with the surrounding character of development. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed annexation of the Adair Pointe property was reviewed by the Planning and Zoning Commission on July 8, 2003. There was a discussion of how the residents of the subdivision will have access to Sorensen Field, the adjacent City owned recreation facility. The few issues related to legal documents that needed to be finalized were resolved prior to the meeting. When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed annexation and Initial Zoning of R-1 "Single-Family Dwelling District". August 21, 2003 City Commission Page 3 of 3 STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners take the following actions related to the Adair Pointe Property Annexation and Initial Zoning (Project#AR-02-10-07): 1. Approve the proposed annexation of the property by adopting Ordinance 2003-26; 2. Approve an initial zoning of R-1 for the property and adopt Ordinance 2003-27; Authorize the Mayor and City Clerk to execute the Quit Claim Deed to convey the right-of-way property back to the owner; 3. Approve the Annexation Agreement, subject to the owner executing the Annexation Agreement and the Warranty Deed conveying the 25 feet of additional road right-of- way to the City. Attachments: Copy of Hearing Advertisement Location Map Surrounding Zoning Map Surrounding Future Land Use Map Annexation Feasibility Report City Attorney Memo dated June 13,2003 Ordinance 2003-26 (Annexation) Ordinance 2003-27 (Initial Zoning) Annexation Agreement executed by the Applicant OAStaff Reports\2003\SR03074 CC.doc ORLANDO SENTINEL Thursday,August 21,2003 ' CITY OF OCOEE NOTICE OF PUBLIC HEARING ON THE ADAIR POINTE SUBDIVISION ANNEXATION&INMAL ZONING NOTICE IS HEREBY GIVEN,pursuant to Section 5-9.E.,Ocoee Land De- velopment Code,that on Tuesday,September 2,2003 at 7:15 p.m.,or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUB- LIC HEARING at the Ocoee City Commission Chambers,150 North Lake- shore Drive,Ocoee,Florida,to consider the following request: The annexation and initial zoning of 3.52+1.acres located at 1813 Adair Street. r- ty ond estabi sha City of Octoee Single Family Residentialn(R-1)zoorae the ning classification,respectively. Parcel ID H:08-22-28-0000-00-042 Adair Points--Case a AR•02.10-0B Case N:AR-02-10-07 Surrounding Future Land Use Map Ordinance N:2003-27 Adair Pointe Zoning Ordinance se.+...�� 141,'541=‘,117-t--.Q,N+u, AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE 4711 4 �-hi> y- � ZONING BLASSIFICATION FROM ORANGE COUNTY A-1,"GENERAL o.. 4. t3 — f AGRICULTURE'TO OCOEE R-1 "SINGLE FAMILY DWELLING• FOR i n O' CERTAIN PROPERTY CONTAINING APPROXIMATELY 3.52 ACRES 'Z7 7�`.. '�{�S II'}�' i t1 I 1 -� N-+ Gt'' LOCATED APPROXIMATELY 1,400 FEET NORTH OF WURST ROAD ON ETEND �!Itwi3�lf a�llia �1 + 4Aij THE EAST SIDE OF ADAIR STREET PURSUANT TO THE APPLICA• �gy TION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR � "7"t -F+tiv AND AUTHORIZING THE REVISION OF THEOFFICIAL CITY ZONING "w..`*,r & ,), TL,TTT777r[t(((YYY s t� MAP; REPEALING CONFLICTING ORDINNCES; PROVIDING FOR """ '•` inn "--y tr 1 w'a r"V OLIa•;, SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. rrd.y..rr '' r' 2 LIf g p a� �� t ',ur, The City Commission will review and take action upon the request(s)and 'Tn.' proposed ardinance(s)listed above,to determine whether they meet the re- ,y... Z'81F` "'r I . , -"P IC.��:3 "'"4Z' quirements of City of Ocoee-Orange County Joint Planning Area Agreemem �'�,,,,� nim=ima ,,tti"L*..+-ytktK t,and City's Land Development Code. I r.....a.. .'TTI..,—,,,,A. . ..k4,,,......., -,.. ,S yy :dia. �, ' ',.,�i' '.�''c' L fJ The complete case file,including a complete legal description by metes and il ,Ln /„`D T r , bounds,may be inspected at the Ocoee Community Development Depart. CI ` 'a 1!!I wjw71F[ ment,150 North Lakeshore Drive,Ocoee,Florida,between the hours of 8:00 "{ a.m.and 5:00 P.m.,Monday through Friday,except legal holidays. s i .�r OI J ?a''„ � The City Commission may continue the public hearings to other dotes and i!I L��A,e.> �.. 0 � 7, times,as it deems necessary.Any interested party shall be advised that the dates,times,and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. Parcel IDN:08.22-28-0000-00-042 • CoseN;AR-02.10-07 Interested parties may appear at the public hearings and be heard with res- Ordinance N:2003.26 pect to The requested action(s)and proposed ordinance(s)listed above.Any Adair Pointe Annexation Ordinance Person wishing to appeal any decision made during the public hearings will AN CITY OF OCOEE,FLORIDA, IN- n�a record of the proceedings and for this purpose may need to ensure AN ORDINANCERD CORPORATEOF THE CITY OF THE CITY OF OCOEE,A,ANNEXING FLORIDA, that a verbatimrecord pof the proceedings thaeal is ba made which includes the testi- monyand evidence upon which the appeal is based. CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.52 Persons with disabilities needing assistance to participate in any of the pro- ACRES LOCATED APPROXIMATELY 1,400 FEET NORTH OF WURST ROADN OAT THE EAST SIDE OF ON SUBMITTED BY TNEIR STREET PROPERTY URSUAN FINDTHE ING Ceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105 SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPRE- JEAN GRAFTON,CITY CLERK HENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNIN. JEAN GRAFTON,CITY CLERK G AGREEMENT;PROVIDING FOR AND AUTHORIZING THE UPDAT- ING 01..55190646 a21 03 OF OFFICIAL CITY MAPS; REPEALING CONFLICTING ORDINANCES;PROVIDING DIRECTION TO THE CITY CLERK; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan • LI J11 ' 'M ` ' L : LIIIIIIIII ) = ;' . I [-T r ,--- - 1% ...% I ( 1 II T I I I ll IL C - l - J u . •• r . , % E/1p a. .. . . �� 1 < < ii :: : : :: 4° - I 011111141 ma uln7riy :I. :: a WI], a 41/01lit ma ii: 111/1 mho . , . ■■ 1 �,�. di _ a ! , _ii 4 . . r. I . . . • 4 �datilidi Mil IIIIIIIIIIIIIIIIIII "t' -7117r7 r i17uim i(==._\).' I d1. ■■ ■■ on. , .. .. .. .. ■ I ii rd .. ..1 I I I >:■■■■ .. .. .. .. .. .. .. — ,I 1� q 1ri� .. .i ii .1C - , I .. • �■ m. .. .. .. .. .. .. .. .. _ •� • liana' ii WE or VI mg an MUM ■I ■ri r�./,� �i► 4: . mi d MIMI c j j_HI&E rTM lid 1 I/i ••• i . IIIN HE iv- ' gm Namur .144:al* __, mow HIl ! q4v! ' :.• n11hin . ► �. / ,.EEE IN a who - ter► � �►►�1i IN — - Pui LI: VA Me * 44plii OP V s. *1 r _____ _ hip MR MI MR g• $ . _ Ow = imp , 4 • • 1 1 -, — ig sl = _ _ it4 • IP NORTH 1-1 :� �perr ,� • a • A • i .ice ♦� ♦�♦ ,c( ♦ , •' , 31 Adair Pointe--Case # AR-02-10-08 (County) A-1 "Citrus Rural District" to (City) R-1 "Single Family Dwelling" Surrounding Zoning Map N I = - - __ �� _ _ t ■■■■Illi■ ■■llii■ I .. -'` -' _ Ocoee Community Development .��'�� II 1 -�' m.■I■■s11111=alb l Department iii iinliiii■■ i ,/ f Scale: finch=600 feet _. - - == - ', 0 300 600 900 1200 Feet __ . __ _ , _ II —__ — Printed: July 2003 �_ ,. I LEGEND ��- - :- ri — - 11111111 l _ NC EN Subject Property - — — — ai. — - �: Unincorporated Territory _ Pill 04 -TNINO and Other Muncipalities � ! MEI Zoning Classification: 1.11: ; . , IIIA-1, General Agriculture 11111111111111 A-2, Suburban ■ 1 ■l■�■ �■ ,,,,,,, R-1AAA, Single Family Dwelling -'M i 0 !MIT)�'■'I . � rri 1II� i R-1M, Single Family Dwelling 11 Mills g u■nnn R-1A, Single Family Dwelling 1■I,■■s•■=HI { , , mill Pr" I .��', R-1, Single Family Dwelling ;■°;;�iili1 RT-1, Mobile Home Subdivision District '5�� NM • +1, R-2, One and Two Family Dwelling ••••• ::`,• , MN/ • MN IEEE�� i R-3, Multi Family Dwelling 1.11M1111 + , I J .,■. MN 1111111111-III1 .- --MINE� ii:lil P-S, Professional Offices and Services OMR � i C-1, Neighborhood Shopping L. :1�= ��Num MIMI0. MINI iii; C-2, Community Commercial IR I� lifinii �� mom •� • -- G3, General Commercial ��'ilill I � �� • �� MIMI -1, Restricted Manufacturing l��i �lll! 111111 _� No , - . . N. &Warehousing MAI ii Imo am . 1-2, General Industrial 11111MIN — ■.,,, '1 \- ♦...♦.. ,■ PUD-Low Density Residential ��:�i '� 17� , •. IN PUD-Medium Density Residential :,=HJIIIII! - �11�11';71T I Vit . w/a 7PUD-High Density Residential ;;•_- i `-'-�� . �■1� _ • • W. PUD-Commerciallila ♦� h 4 Lakes and Water Bodies ILIIIIII _ ♦ I� � Unclassified I�III mil— ♦,, ♦,., ♦,,, MUM M _ 1 I�_ ►a Adair Pointe--Case # AR-02-10-08 Surrounding Future Land Use Map N �e Cence'of Good�.�44. — _ I H- QCSE C- ( — ' � ...J- Ocoee Community Development - i , h Department 1'i�1 � - _ :.1 inch=600 feet I1I1III1IIIIII.1IIiiiIIIIi ' II ,�,•I ■ lUIIIIII!!!II!!IIIII� 11111/1/ 1V 0 300 600 900 1200 Feet "-; - -- imlis oomi1111i1 i... is 1111 MIMI Printed: July 2003 111 i .,,,`i/111 = =: LEGEND �� ono Subject Property �••I111 a ISM == Unincorporated Territory 1E11 dim , so '!111 and Other Muncipalities - L Future Land Use Classification: NNE • ' I 1 „ , i . , _ - , ? — Low Density ResidentialiiI11111 « 1 •>I N-- 11111111110 .....�.. Pr.'. . Medium Density Residential =�==1;l�ll a 11� ai - - High Density Residential IIIIIIlIii11111111 Professional Offices and Services NM ism•� -N.- — 111111lil11 Commercial 41� �,�I f I mil E �NMI � m -- Light Industrial lOflUfli11111111kt. ••■•i �_�_ �_NOM �_ �_�_ — Heavy Industrial i ,. „ =��: Imo �� ••••1 Conservation/Floodplains I!IlIIIIIU �! I. p �1�1� NAN umm mai Recreation and Open Space i1 { �� _ 11 �i Ifs - Public Facilities/Institutional °=�IIIIIIII �,,,,,,,, pomom:i :: :: �- 4 a' '= Lakes and Water Bodies `/1� —_ 111111 �,♦,,♦.a ■ . •• . .,� r I, - X11 I Com''- --, II►��j �I��,44 City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe I AR-02-10-07 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. This analysis for Adair Pointe was completed on 11/11/02. I. PLANNING DEPARTMENT Thomas Grimms, AICP A. Applicant/Owner 1. Applicant: Munian Developments, Inc. 7421 Clarcona-Ocoee Road Orlando, FL 32818 2. Owner: J. Chris Howard Builders, Inc. 309 Richard Place Orlando, FL 32806 B. Property Location 1. General Location: In the area of Vignetti Park and Sorensen Field. On the east side of Adair Street at the intersection of Adair Street & Northern Durango Avenue. 2. Parcel Identification Number: 08-22-28-0000-00-042 3. Street Address: 1813 Adair Street 4. Size of Parcel: Approximately 3.52 acres C. Use Characteristics 1. Existing Use: Vacant (wooded) 2. Proposed Use: Single-family Residential 3. Density/Intensity: Less than 4 dwelling units per acre 4. Projected Population: Approximately 37 people D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential — less than 4 DU per acre 2. Orange County Zoning: A-1 "Citrus Rural District' 3. Ocoee Future Land Use: Low Density Residential — less than 4 DU per acre 4. Proposed Ocoee Zoning: R-1 "Single-family Dwelling District' E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes Page 1 of 4 City of Ocoee Annexation and Feasibility Analysis Name&Case Number: Adair Pointe I AR-02-10-07 II. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 2-3 Minutes 2. Distance to Property: 1.6 Miles to Fire Station #1 3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330' spacing). III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid/Area: Zone 1/ 52/Twin Lake Forrest 2. Estimated Response Time: 2 minutes (average) 3. Distance to Property: 2.3 miles 4. Average Travel Time 2 minutes IV. ECONOMIC VALUE Thomas Grimms, AICP 1. Property Appraiser Taxable Value: $52,068 2. Property Appraiser Just Value $ 52,068 3. Estimated City Ad Valorem Taxes: N/A 4. Anticipated Licenses & Permits: Unknown at this time 5. Potential Impact Fees: N/A 6. Total Project Revenues: Unknown at this time V. BUILDING DEPARTMENT Thomas Grimms, AICP 1. Within the 100-year Flood Plain: No. In Zone X (areas determined to be outside 500- year floodplain) per FEMA Map # 12095CO210 E (12/6/00). 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: No 4. Location and Size of There is a 10-inch line running along the west side of Nearest Water Main: Adair Street. B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of There is an 8-inch line running in the middle of Adair Nearest Force Main: Street and a 6-inch force main just to the east of the property. They will not have to tap into the force main. 5. Annexation Agreement Needed: No Page 2 of 4 City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe/AR-02-10-07 C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No VII. TRANSPORTATION Thomas Grimms, AICP 1. Paved Access: Yes 2. Row Dedication: Yes; convey western 25' along Adair Street 3. Traffic Study: No 4. Traffic Zone: 562 VIII. PRELIMINARY CONCURRENCY EVALUATION Thomas Grimms, AICP A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The 2001 total daily capacity of Adair Street is 9,200 trips and the daily traffic volume is 3,121, operating at 34% capacity. Safety and operational improvements on Adair Street are included in the 2020 Master Plan, and the peak hour peak directional Level of Service is projected to improve from level C in 1997 to level B in 2020. B. Parks & The subject property is located in Neighborhood Service Area 5, which is well Recreation: served by existing parks. The subject property is situated between Vignetti Park and Sorenson Field, and approximately 1 mile west of Beech Recreation Center. C. Water/Sewer: At the time of this analysis, the City of Ocoee has sufficient sewer and water capacity to provide water and sewer service. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater on-site, per City Code and St. Johns River Water Management regulations. E. Solid Waste: At the time of this analysis, the City has sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: Actual impact fees will be calculated during the site plan approval process. Page 3 of 4 City of Ocoee Annexation and Feasibility Analysis Name & Case Number: Adair Pointe I AR-02-10-07 IX. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATE REGULATIONS: Thomas Grimms,AICP • This is a voluntary annexation. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. Page 4 of 4 FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0617 TO: Carolyn Alexander, Development Review Coordinator FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE: June 13, 2003 RE: Adair Pointe Subdivision—Preliminary Subdivision Plan (Project No. LS-02-008) (Fourth Round Comments) In connection with the above-referenced project, we have reviewed the following documents: 1. Preliminary Subdivision Plan for Adair Pointe prepared by Pecht Evans Engineering, Inc. stamped received by the City of Ocoee on May 2, 2003 (the "Plan"); 2. Boundary and Topographic Survey prepared by Swaggerty Land Surveying, Inc. dated August 27, 2002 and stamped received by the City of Ocoee on May 2, 2003; 3. Commitment for Title Insurance issued by Ticor Title Insurance for the property to be conveyed to the City (the "ROW Property") with an Effective Date of May 2, 2003 (the "Title Commitment"); 4. Sketch and Descriptions for Plat Boundary and Road Right-of-Way prepared by Swaggerty Land Surveying, Inc. dated December 6, 2002 and stamped received by the City of Ocoee on May 2, 2003; and 5. Response letter from Pecht Evans Engineering, Inc. dated May 1, 2003. This Memorandum supercedes our prior memoranda dated of November 14, 2002, January 17, 2003 and March 20, 2003. Based on our review of the documents noted above and pursuant to the Land Development Code, we have the following comments: 1. Attached please find the following documents which have been prepared to correct the improper conveyance of the subdivision property to the City: 006.297959. a) Quit-Claim Deed from the City to Franken Properties, JV conveying back to Franken Properties, JV the property originally conveyed to the City (the "Q.C. Deed"); b) Warranty Deed from Franken Properties, JV conveying the ROW Property to the City (the "ROW Deed"); and c) Annexation Agreement detailing the agreement regarding the conveyance of the ROW Property. Please have the ROW Deed and the Annexation Agreement executed and delivered to me to be held in escrow pending the City Commission meeting where the project will be considered for approval. Assuming the project is approved, following approval we will cause that the City execute the Q.C. Deed and record the Q.C. Deed, Annexation Agreement and ROW Deed among the Public Records of Orange County. Once we receive the recorded documents back from recording, we will forward copies of the Q.C. Deed and the ROW Deed to attorney Thomas H. Warlick for issuance of the Title Policy to the City consistent with the Title Commitment. 2. Please be advised that we will contact the tax assessor's office regarding the amount needed for the escrow of the 2003 prorated real estate taxes on the ROW Property pursuant to Section 196.295, Florida Statutes. Prior to recording the documents, we will need to receive a check from the developer for the escrow amount. 3. Please confirm that there are no mortgage holders on the subdivision property that would need to consent to the Annexation Agreement. Please do not hesitate to contact us should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney Edward A. Storey, Esq., Assistant City Attorney -2- 006.297959. ORDINANCE NO. 2003-26 TAX PARCEL ID#08-22-28-0000-00-042 CASE NO.AR-02-10-07: Adair Pointe Annexation Ordinance AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400 FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR STREET 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 3.52 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, to 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 006.299653. 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. 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. 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. -2- 006.299653. 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 passage and adoption. Thereafter the City Clerk is hereby directed 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 date of adoption. -3- 006.299653. 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- 006.299653. EXHIBIT "A" Legal Description of Annexed Property COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 'A OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 'Aa, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST 'Aa OF THE NORTHEAST 'A OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST 'Aa OF THE NORTHEAST '/a OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST 'Aa OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 'A OF THE NORTHEAST '/a OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 'Aa OF THE NORTHEAST 'A OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 'A OF THE NORTHEAST 'Aa OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. -5- 006.299653. Exhibit"B" Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan : 1 ti ( I f U: U h TIM:::: ---' L il PL'1111 - a / i ; Cold : 11■1uImmo .1■ � I �i [ ,. 11ltili45ft � tti l_, C ()a � � _—iii_ --i is_� 1il .. a. . t � . _ I IIIi�j . L.( _ I__ , .._-'411111111 din . 7 -- . -'T k . . :- .tillc N Pik_ rairrnrrimo im mmillii,iiiiii ;nun I H _ , Pa _ r`ai ''j•e� i MS 1111111111•111. pi ■11/1111/imam _ _ :: -) re. IRWIN w ' kw: :C - mm 71 I- Mit 1111 I nag run 12 T, _ i� ■��i11�� ■E ■. ■■NMI IN= C e.`b, co i am - i animals r • i r1■ _ an iail1I11,111■ � '�- .,; :! a� -4I •gait1PAI"vb IN= 11111111111111,7 #w"...40-4 - i . Inn '-- :- . H .„ n• BE mamo hum gi■aaia■a� fn ui ill if I�IIgiti. II►I w 1 PM .iP�r/: _` 1Ir I� I� III - I� g MI :1 fa , ► �1P � 0 * Oat l l `■p ern E■ OM �$10- Iv l�� 114 _____T___ 1114. 1 1 tlli , VP %II vg • NORTH C�alW 1Wiir 7�� ,*�� 0 LakliP airMiput a FP VP -vo r Ns #4# s_x\* 444(c'-----.`.- ). 0 tri ` ,,A*, == 1 -6- 006.299653. ORDINANCE NO.2003-27 CASE NO.AR-02-10-07: Adair Pointe Zoning Ordinance AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "GENERAL AGRICULTURE" TO OCOEE R-1 "SINGLE FAMILY DWELLING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 3.52 ACRES LOCATED APPROXIMATELY 1,400 FEET NORTH OF WURST ROAD ON THE EAST SIDE OF ADAIR STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 3.52 acres of property, as more particularly described in Exhibit "A", from Orange County A-1 "General Agriculture", to Ocoee R-1 "Single Family Dwelling"; and WHEREAS, the rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the rezoning requested by the Applicant is consistent with 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,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 July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: 006.299701. 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 3.52 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from Orange County A-1 "General Agriculture",to Ocoee R-1 "Single Family Dwelling": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and adoption. 2 006.299701. PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA.APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 006.299701. 3 EXHIBIT "A" COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST IA OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST IA, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST IA OF THE NORTHEAST I/ OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST IA OF THE NORTHEAST I/ OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST I/ OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST I/ OF THE NORTHEAST I/ OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST I/ OF THE NORTHEAST IA OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST I/ OF THE NORTHEAST I/ OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 4 006.299701. EXHIBIT "B" Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan HI 11 1 d L l r I M ---I L it 1 11 ' 11J 1%1111111RA _ 1 'iii I A11111111 11671.1.":" ' - c ••••1 r .. .. . ■ _ ■■ .. . s _ r Ly DIM : 1714i - - Laded,: ' - - - i 7 D ,,`41111■ dI■ -1 II IL a - a t_113 NTF12irtliTM 11111 igiiihlJiiti I 1111 11 ar- I. am= N111111 LE am ■ �lIb�C mu. �1■ ME - 1. So ■11111111IR/ .k f: -L -- I :2 =T .1 1 i ■��I111ts c . ■� a. X04 �.�y �� ■■r 1111111 1111111111 -i � IIII rig . o:�,�� 12 ■I11II��,rj•.,��1j�� _ J Inn �p 11111114 iii �I�A1 1 F i 1I)11 Chill A. III - " wpm �' Pt1o�'�1� i ---- i .#::hip 1111111 1•1111 OM iiir 0 40 **� 1 Mii.. �� Mi :: :: :5 �� NA '=` ;:- 1i 1111111111110* ah~ #111 t r� �� NORTH I` it Ir� iets 4 4,144*�� (1) In 1.0 "qiii : :* **, (C' 0 #4i 0 Iiipt( gA* 14 5 006.299701. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A.Storey,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.: AR-02-10-07:Adair Point Tax I.D.#08-22-28-0000-00-042 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 2003 by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 and FRANKEN PROPERTIES, JV, a Florida joint venture (hereinafter referred to as the "Owner"), whose mailing address is 8609 Ashbury Park, Orlando, Florida 32818. RECITALS WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and 006.282561. WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual premises hereof, and other good and valuable consideration, 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 are incorporated herein by this reference. SECTION 2. ANNEXATION OF THE PROPERTY. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2003- for Case No. AR-02-10-07, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 3. CONVEYANCE OF RIGHT-OF-WAY. Contemporaneous with the approval of this Agreement the Owner shall convey to the City a twenty-five (25) foot-wide strip of the Property lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for Adair Street all as more particularly described on Exhibit "B" attached hereto (the "Right-of-Way Property"). The Right-of-Way Property shall be 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 Owner shall, contemporaneously with the 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 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 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 conveyance of the Right-of-Way Property to the City. Notwithstanding the subsequent conveyance of the Right-of- Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of- -2 006.282561. Way Property until such time as improvements are made to Adair Street within the Right-of-Way Property. SECTION 4. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the official hereinafter designated, or(2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the party's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. Owner: Franken Properties, JV 8609 Ashbury Park Orlando, Florida 32818 Crry: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 5. NOTICES; DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to the right of specific performance. SECTION 6. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 7. RECORDATION. The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 8. 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 9. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. SECTION 10. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, rule, regulation, ordinance, resolution, 006.282561. -3 or permit, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court proceedings, on appeal or during any bankruptcy proceedings. SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits constitute the entire Agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 12. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 13. 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. -4- 006.282561. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the day and year first above written. "CITY" CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , FOLEY & LARDNER APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , UNDER By: AGENDA ITEM NO. . City Attorney -5- 006.282561. STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, 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 on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of . 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): -6- 006.282561. IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of . Signed, sealed and delivered "OWNER" in the presence of: FRANKEN PROPERTIES,JV, a Florida joint venture Signature By: Name: Print/Type Name Title: Signature Print/Type Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared , as of FRANKEN PROPERTIES, JV, a Florida joint venture, who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the foregoing instrument in the presence of two subscribing witnesses, freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this day of . 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): 006.282561. -7- EXHIBIT "A" (The Property) COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 'A OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST '/a, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST '/a OF THE NORTHEAST '/ OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST Vs OF THE NORTHEAST 'A OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST '/a OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST '/ OF THE NORTHEAST 'A OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST '/ OF THE NORTHEAST '/ OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. -8- 006.282561. EXHIBIT "B" (Right of Way Property) BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/ OF THE NORTHEAST 1/ OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/ OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. -9- 006.282561. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A.Storey,Esq. FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 Parcel I.D.#: Grantors' Tax Identification No. For Recordin: Pu 'oses Onl WARRANTY DEED THIS WARRANTY DEED is made this day of , 2003 by FRANKEN PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando, Florida 32818 hereinafter referred to as "Grantor," in favor of the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as the "Grantee." (wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies.) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in the County of Orange, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has good, right and lawful authority to sell and convey the Property; that the Grantor hereby fully warrants the title to the Property and will defend the 006.298450. same against the lawful claims of all persons whomsoever; and that the Property is free and clear of all liens and encumbrances. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in its name the day and year first above written. SIGNED,SEALED AND DELIVERED IN FRANKEN PROPERTIES, JV, a THE PRESENCE OF: Florida joint venture By: Name: Print name: Title: Print name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2003 by , as the of FRANKEN PROPERTIES, JV, a Florida joint venture, who [ ] is personally known to me or [ ] produced as identification. {Notary Seal must be affixed} 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): 2 006.298450. EXHIBIT"A" BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/ OF THE NORTHEAST 1/ OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/ OF THE NORTHEAST 1/ OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/ OF THE NORTHEAST 1/ OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 3 006.298450. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A.Storey,Esq. - FOLEY&LARDNER 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 Parcel I.D.# Grantor's Tax Identification No. For Recording Purposes Only QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, made and executed•this day of , 2003, by the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor"), to FRANKEN PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando, Florida 32818 (hereinafter referred to as the "Grantee"). (wherever used herein, the terms "Grantor" and "Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies.) WITNESSETH: THAT the Grantor, for and in consideration of the sum of ONE and NO/100 DOLLARS ($1.00) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby donate, remise, release and quit-claim unto the Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Orange, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE (hereinafter referred to as the "Property"). ON FEBRUARY 3, 2003 A WARRANTY DEED EXECUTED BY GRANTEE WAS RECORDED AT OFFICIAL RECORDS BOOK 06769, PAGE 0532 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. THIS WARRANTY DEED CONTAINED AN INCORRECT LEGAL DESCRIPTION. THIS QUIT-CLAIM DEED IS EXECUTED AND RECORDED IN ORDER TO CONVEY THE PROPERTY BACK TO THE GRANTEE. A NEW WARRANTY DEED EXECUTED BY GRANTEE WILL BE RECORDED SUBSEQUENT TO THE RECORDING OF THIS QUIT-CLAIM DEED TO EVIDENCE THE CORRECT INTENDED CONVEYANCE. 006.298452. Together with all right, title and interest, if any, of Grantor in and to any and all streets, roads and rights-of-way immediately adjacent to the Property. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. GRANTOR: CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk [Affix 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 , 2003 LEGALITY THIS DAY OF UNDER AGENDA ITEM NO. . 2003. By: Foley&Lardner City Attorney 2 006.298452. STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, 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 on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of . 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): 3 006.298452. EXHIBIT "A" (The Property) COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00°56'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/ OF THE NORTHEAST 1/4 OF SAID SECTION 8; THENCE RUN N.89°33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89°33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/ OF SAID SECTION 8; THENCE RUN S.00°56'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89°33'16"W. 363.30 FEET; THENCE RUN N.00°56'08"W. 91.70 FEET; THENCE RUN S.89°33'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST 1/ OF SECTION 8; THENCE RUN N.00°56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/ OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00°56'08"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/ OF THE NORTHEAST 1/ OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89°33'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 006.298452. 4 Agenda 9-02-2003 ,Se Center o Good Ll iVII B1 d Mayor vo Commissioners S. Scott Vandergrift '�"< •.• Danny Howell, District 1 City Manager ,,,. Scott Anderson, District 2 0Rusty Johnson, District 3 Jim Gleason _ _ _ ` Nancy J. Parker, District 4 STAFF REPORT DATE: August 21, 2003 TO: Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Planning Manager t' THROUGH: Russ Wagner, AICP, Community Development Director / SUBJECT: Adair Pointe Subdivision Preliminary Subdivision Plan Project#LS-02-008 ISSUE: Should the Mayor and City Commissioners approve the Preliminary Subdivision Plan for Adair Pointe Subdivision? BACKGROUND: The Adair Pointe property includes about 3.52 acres located within a County enclave. The property is located on the east side of Adair Street approximately 1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. The subject property is currently undeveloped and is covered with trees. The surrounding land to the north is developed with garden apartments, zoned R-3; to the south is the Glad Tidings Church, zoned R-2; to the east are the ball fields of Sorensen Park, zoned R-1; to the west are single-family residential units, zoned R-1. DISCUSSION: Concurrently with his annexation application, the Applicant has prepared a Preliminary Subdivision Plan for the property, as well as an Annexation Agreement. Along with the usual utility improvements, the documents indicate that the property owner will provide additional road right-of-way for Adair Street. As shown in the Preliminary Subdivision Plan, Adair Pointe will have one access point from Adair Street. Sheet C3 shows the 25 feet of additional right-of-way that will be dedicated by the Applicant to the City. This subdivision will not be gated. There will be a 6-foot brick wall with appropriate landscaping on both sides of the entrance with the wall extending northward along Adair Street to the north boundary of the subdivision. Water and wastewater will be provided by the City. City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us The Honorable Mayor and City Commissioners August 21, 2003 Page 2 of 2 The developer is requesting one waiver from the normal Code requirement of one (1) recreational amenity for a subdivision with 10 -50 lots. The justification listed in the waiver table on Sheet C-3 for not having any recreational amenity located within subdivision is that the City's recreational facility, Sorenson Park, is located adjacent on the east side of the subject property and a sidewalk will be provided leading from the subdivision to the City Park. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) reviewed the Adair Pointe Preliminary Subdivision Plan on June 23, 2003. The DRC voted unanimously to recommend approval of the Preliminary Subdivision Plan, conditioned on removal from the plan any indication that there will be a sidewalk along the south side of Lot 10. The sidewalk is to stop at the southern boundary of Tract"B". This has been corrected in the most recent set of plans. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Preliminary Subdivision Plan of the Adair Pointe Subdivision was reviewed by the Planning and Zoning Commission on July 8, 2003. There was a discussion of how the residents of the subdivision will have access to Sorensen Field, the adjacent City park. It was noted that the sidewalk extends to the end of the cul-de-sac down the eastern edge of the retention pond tract to the southern boundary of the subdivision. Staff stated that the City purchased the Glad Tidings Church Property that is immediately south of the Adair Pointe property. It was suggested that the developer could be required to donate a piece of recreational equipment to the park, as part of the waiver request by the developer. When the discussion was finished, the Planning and Zoning Commission voted 7 to 1 to recommend approval of the proposed Adair Pointe Preliminary Subdivision Plan, as date stamped by the City on June 25, 2003, including the requested waiver, according to the Staff recommendation. The motion for approval included a recommendation that the Applicant provide one piece of recreation equipment to the City of Ocoee for recreational purposes and make an effort to contact the property owner to the south to be able to install a sidewalk an additional 30 feet to the City of Ocoee property line. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Preliminary Subdivision Plan for Adair Point, as date-stamped June 25, 2003, including the requested waiver, with consideration being given to the recommendation from the Planning and Zoning Commission that the Applicant provide one piece of recreation equipment to the City of Ocoee for recreational purposes, and make an effort to contact the property owner to the south to be able to install a sidewalk an additional 30 feet to the City of Ocoee property line. Attachments: Copy of Public Hearing Advertisement Location Map Adair Pointe Preliminary Subdivision Plan, date stamped June 25,2003 O:\Staff Reports\2003\SR03073 CC.doc ORLANDO SENTINEL Sunday,August 24,2003 ADAIR P01NTE PRELIMINARY SUBDIVISION PUN LS-02-008 _NOTICE IS HEREBY GIVEN,pursuant to Section 4-3 A. (3)(b),Ocoee Land Development Code,that on Tuesday,Sep- tember 2,2003,at 7:15 p.m.,or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the Ocoee City Commission Chambers,150 North Lakeshore Drive,Ocoee, Florida,to consider the Adair Pointe Preliminary Subdivision Plan.The proposed Adair Pointe Subdivision is located on the northeast corner of Adair Street and Bob Sorenson Lane. I =- bq-7.r F: I Lu9A4C��y,E 1 SCR-51 LAAE (k MFS P I \\V/ sj . -- I VICINITY :MAP u.'.S. 'The City Commission will review and may make a decision ''concerning the proposed Preliminary Subdivision Plan, ;based upon its conformance with the requirements of the Ocoee Comprehensive Plan,Land Development Code and -benefit to the public, "The complete case file,including a complete legal descrip- lion by metes and bounds, may be inspected at the Ocoee Community Development Department, 150 North Lake- shore Drive,Ocoee,Florida,between the hours of 8:00 a.m. -and 5:00 p.m.,Monday through Friday,except legal holi- days. The City Commission may continue the public hearing to other dates and times,as it deems necessary.Any interest- ed party shall be advised that the dates,times,and places of any continuation of these or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. Interested parties may appear at the public hearing and be heard with respect to the proposed Preliminary Subdivision Plan.Any person wishing to appeal any decision made dur- 1ng the public hearing will need a record of the proceedings "and for this purpose may need to ensure that o verbatim re- - ;cord of the proceedings is made which includes the testimo- • ..ny and evidence upon which the appeal is based.Persons _with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105 JEAN GRAFTON,CITY CLERK COR5203201 8/24/03 Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan ■ - _ [ 111 )11 -- I L . 1 ■ II 11 ■YI tilliIW � � J ) _ II I Soma 'ISH r LL c 1 uI � � I ■� ■■ ■" ' ■ . . . . �I�� *4 ... -- - : ME ME MIN 75.1 ICS ■l11n7r:#� : Agenda 9-02-2003 Ma or ��e Center of od Llvt Commissionersm VI B2 a,b,c,d Y S. Scott Vandergrift " .'�'Y Danny Howell, District 1 OEScott Anderson, District 2 City ManagerC Rusty Johnson, District 3 Jim Gleason . f Nancy J. Parker, District 4 STAFF REPORT DATE: August 15, 2003 TO: The Mayor and City Commissioners FROM: Terry L. James, AICP, Principal Planner <I I' THROUGH: Russ Wagner, AICP, Community Development Director / SUBJECT: Richard A. Doss, Jr. — Case# RZ-03-03-03 and#SSCPA-03-003 2nd Readings on the following: Rezoning: Ordinance 2003-28 (Parcel A) Small Scale Comprehensive Plan Amendment: Ordinance 2003-29 (Parcel B) Rezoning: Ordinance 2003-30 (Parcel B) ISSUE: Should the Mayor and City Commissioners approve a change to the Future Land Use Map from "Low Density Residential" to "Light Industrial" and approval of a Zoning Map change from R-IAA (Single Family Dwelling) to I-1 (Restricted Manufacturing & Warehousing) for the Doss Property? BACKGROUND: The applicant's request involves a 1.66-acre parcel, ID 17-22-28-6144-04-111 (hereafter, referred to as Parcel A), and a 0.366-acre parcel, ID 17-22-28-6144-080 (hereafter, referred to as Parcel B), as shown on the attached location map. The subject properties are bounded on the south by West Columbus Street, on the north by West Orlando Avenue, on the west by South Kissimmee Avenue, and on the east by the new Fire Station #1 now under construction. Parcel A is west of the railroad tracks and Parcel B is east of the railroad tracks. The properties have one residential structure, two sheds, mature trees, and a pond located on the northwest comer of Parcel A. Cumberland Avenue road right-of way was abandoned by the City for construction of the new Fire Station #1. This right-of-way is split down the road centerline to provide an additional 0.05- acre to Parcel B, making it a 0.366 acre parcel. The applicant is requesting the rezoning of both parcels from R-IAA (Single Family Dwelling) zoning classification to I-1 (Restricted Manufacturing and Warehousing) zoning classification. Rezoning Parcel B would require a Small Scale Comprehensive Plan Amendment to change the "Low Density Residential" future Land Use classification to the "Light Industrial" future land use The Honorable Mayor and City Commissioners August 15, 2003 Page 2 of 8 classification. Future land use classification of "Light Industrial" for Parcel A is consistent with the above requested rezoning and will not require a comprehensive plan amendment. The current land uses in the general area surrounding the subject properties are as follows: DIRECTION CURRENT LAND USE North Vacant, partially wooded South Residential and commercial East Vacant, partially wooded West Manufacturing and warehousing Future Land Use Map classifications, as shown on the attached Surrounding Future Land Use Map, are as follows: DIRECTION FUTURE LAND USE CLASSIFICATIONS North Light Industrial and Low Density Residential South Light Industrial East Professional Offices&Services and Low Density Residential West Heavy Industrial and Light Industrial Existing Zoning classifications, as shown on the attached Surrounding Zoning Map, are as follows: DIRECTION EXISTING ZONING CLASSIFICATIONS North R-1-AA/Single Family Dwelling South I-1/Restricted Manufacturing&Warehousing East P-S/Professional Offices&Services and R-1-AA/Single Family Dwelling West 1-2 General Industrial and I-1/Restricted Manufacturing &Warehousing As stated above, the rezoning request for Parcel B is not consistent with the Future Land Use Map contained in the City of Ocoee Comprehensive Plan. Infrastructure Considerations Utilities: • Water: City water is available for the property. There is a 10-inch potable water line on Kissimmee Avenue adjacent to the property. • Sewer: There is a 20-inch sewer line adjacent to the property. • Drainage: Currently, the site plans (date stamped "Received January 14, 2003") for the Ocoee Fire Station # 1 utilizes the City-owned abandoned railroad right of way as a drainage facility. This facility is on the westem boundary of Parcel B and effectively severs this parcel from the larger parcel, Parcel A, to the west. The Honorable Mayor and City Commissioners August 15, 2003 Page 3 of 8 Transportation: Current Level of Service Standards ADOPTED LOS CURRENT LOS %OF ADOPTED ROADWAY FROM To LOS STANDARD STANDARD STANDARD + CAPACITY Orlando Ave. Bluford Ave. White Rd. D A 40% Maguire Rd.- Story Rd. Kissimmee Ave. D D 86% Bowness Rd. Maguire Rd.- Kissimmee Ave. Silver Star Rd. D B 61% Bowness Rd. Lakewood Ave. Silver Star Rd. Rewis St. E A 53% Bluford Ave. Geneva St. White Rd.- D D 80% Orlando Ave. Bluford Ave. White Rd.- McKey St. D C 71% Orlando Ave. Kissimmee Ave. Story Rd. Bowness Rd. D B 20% Geneva St. Kissimmee Ave. Bluford Ave. D B 79% Story Rd. Wofford Rd. Kissimmee Ave. E B 69% Current levels of service are at or above the adopted level of service standard contained in the Comprehensive Plan. Only Bowness Road (from Story Rd. to Kissimmee Ave.) and Bluford Avenue (from Geneva St. to White Rd.-Orlando Ave.) are operating at the adopted level of service standard. These roadway level of service standards will not adversely impact this proposed future land use change and rezoning. Existing &Future Roadway Plans • Kissimmee Avenue (western boundary of Parcel A): This north-south arterial roadway is comprised of Maguire Road-Kissimmee Avenue-Maguire Road Extension and connects with Bowness Road/Ocoee-Apopka Road. This roadway is depicted in the Comprehensive Plan Roadway Improvement Master Plan 2020 map as a candidate for future improvements. Additionally, this roadway is also in Roadway Improvement Plan (Figure 3-10) of the Ocoee Transportation Master Plan for future widening to 4 lanes. Subsection 6-3B of the Land Development Code states that the minimum right of way is 100 feet; however, the City Engineer indicates that 120 feet would be needed for the future widening. • West Orlando Street (northern boundary of Lots A & B): The City has planned for this currently unpaved and unimproved roadway to connect Bluford Avenue and South Kissimmee Avenue-Maguire Road Extension (Ocoee Transportation Master Plan: Figure 3-10, page 3-34). This two-lane paved roadway will be a western extension Orlando Avenue-White Road. The entire roadway will function as a major east-west collector. The minimum right of way for an urban collector roadway is 60 feet according to the Subsection 6-3.B. of the Land Development Code. • Cumberland Avenue: As indicated above, this right-of-way has been abandoned by the City with Resolution 2002-16 (adopted August 20, 2002) and adds approximately 0.05 acres to Parcel B. The Honorable Mayor and City Commissioners August 15, 2003 Page 4 of 8 The Kissimmee Avenue-Maguire Road-Maguire Road Extension widening will require extensive realignment of the intersection of Kissimmee Avenue and Maguire Road west of Parcel A in order to maintain operational and safety requirements. Furthermore, the intersection of Kissimmee Avenue-Maguire Road-Maguire Road Extension and West Orlando Street-White Road will require enhanced intersection improvements since this intersection will join a major east-west collector with a major north-south arterial. As a result of these intersection improvements and traffic safety and operational considerations, driveway access should be limited in proximity to this future intersection. Natural Resource Considerations • Wetlands: There are no significant wetlands on the subject property according to the following citations from the City of Ocoee Comprehensive Plan: "Landscape Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation on the Future Land Use Map. • Floodplains: There are no floodplains on the subject property according to the Flood Insurance Rate Map, and according to the following citations from the City of Ocoee Comprehensive Plan: "Landscape Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation on the Future Land Use Map. • Historic Resources: There are no known historic resources on the subject property according to the Figure 5: "Historic Resources and Current Recreation Facilities" in the Comprehensive Plan's Future Land Use Element. Land Use Considerations Parcel A: The proposed rezoning to I-1 for Parcel A is consistent with the Future Land Use Map. The "Light Industrial" future land use classification is generally confined to the area west of the City- owned railroad tracks. The minimum lot width of 150 feet (Article V, Table 5-2) is satisfied by the 388-foot frontage on Kissimmee Avenue. The South Kissimmee Avenue-Maguire Road Extension right of way measured from the southwest corner at West Columbus Street to the fence of the commercial land use directly west is approximately 70 feet; the required right of way will be 120 feet. Accordingly, Parcel A should dedicate that portion of the lot situated within the 60 feet from the roadway centerline for the portion of the South Kissimmee Avenue-Maguire Road Extension. This is estimated to result in 20-25 feet of the parcel being dedicated for future right-of-way. This dedication should be required prior to development of this property or within a 60-day notification from the City as specified in a Development Agreement and include limited access to the site from Columbus Street only. The Honorable Mayor and City Commissioners August 15, 2003 Page 5 of 8 Parcel B: The proposed rezoning to I-1 is inconsistent with the Future Land Use Map. The "Light Industrial" future land use classification is confined to areas west of the City-owned railroad tracks. East of these tracks, the future land use is "Low Density Residential" with the exception of"Professional Office and Services" on the east boundary of Parcel B. The actual land use for the above future land use classification and the "Low Density Residential" parcel to the south is the Ocoee Fire Station # 1. Low-density residential land uses predominate north and northwest of Parcel B. Directly north is the Hidden Oaks Subdivision. Current plans for Fire Station # 1 utilize the railroad tracks as a component of the drainage system. The utilization of these abandoned railroad tracks effectively severs Parcel B from Parcel A to the west. As a result Parcel B would have to be developed independently under this rezoning since it cannot be joined with Parcel A. There is no minimum lot size based for I-1 zoning; however, Article V, Table 5-2 of the Land Development Code states the minimum lot width for I-1 is 150 feet. The frontage on Parcel B is 123.59 feet including the additional 30-foot right of way from Cumberland Avenue and narrows to 94.89 feet at the rear of the lot. DISCUSSION: Parcel A Staff recommends the rezoning request for Parcel A be approved for the following reasons: • The requested rezoning to I-1 is consistent with the Future Land Use Map and is bounded on the north, south and west by compatible industrial land uses; • The parcel meets the I-1 zoning classification minimum frontage of 150 feet required under the Land Development Code; and • The requested rezoning is consistent with the surrounding industrial development. Parcel B Staff does not recommend the rezoning and small-scale comprehensive plan amendment request for Parcel B be approved for the following reasons: • The requested rezoning to I-1 is inconsistent with the Future Land Use Map and is bounded on the north and east by incompatible Low Density Residential future land uses; • The requested rezoning is inconsistent with the existing residential land uses zoned R-1 AA to the north and northwest; • The parcel fails to meet the I-1 zoning classification minimum frontage of 150 feet as required under the Land Development Code; and • There is no paved access from West Orlando Street to this parcel. The Honorable Mayor and City Commissioners August 15, 2003 Page 6 of 8 RECOMMENDATION: Staff recommends approval of the rezoning of Parcel A from R-1AA (Single Family Dwelling) to I-1 (Restricted Manufacturing & Warehousing) since the requested rezoning is consistent with the Future Land Use Map, is compatible with the surrounding existing land uses, meets the minimum lot frontage of the requested rezoning, and has adequate roadway access to support Restricted Manufacturing & Warehousing. The proposed rezoning is recommended to be approved subject to execution of a Development Agreement providing additional right-of-way on Maguire Road and South Kissimmee Avenue and restricting access to the property from Columbus Street. For Parcel B, Staff does not recommend approval of either the small scale Comprehensive Plan Amendment from Low Density Residential to Light Industrial or the rezoning from R-1AA (Single Family Dwelling)to I-1 (Restricted Manufacturing &Warehousing). The small scale Comprehensive Plan Amendment is not consistent with the Future Land Use Map. The rezoning is not consistent with the existing single-family residences to the north and northwest; furthermore, the property does not meet minimum lot frontage or have adequate roadway access to support the request zoning. PLANNING &ZONING COMMISSION (LOCAL PLANNING AGENCY) RECOMMENDATION: At the July 8, 2003 meeting the Planning & Zoning Commission reviewed the application for Rezoning and Small Scale Comprehensive Plan Amendment by Richard A. Doss, Jr. The applicant and his daughter made statements during the public hearing; one citizen also spoke on Mr. Doss's behalf. Mr. Doss stated he would not agree to the dedication of the Maguire Road-Kissimmee Avenue right-of-way contained in the recommended Development Agreement for Parcel A since he previously donated land for the widening of Maguire Road and Kissimmee Avenue. Mr. Doss also stated that he was unable to build on Parcel B because he did not have access to the property. The Commission engaged in a discussion concerning the two parcels: • For Parcel A, the Commission reached a consensus agreeing that Mr. Doss should not have to dedicate any more of his land for the right-of-way for the future improvements to Maguire Road and Kissimmee Avenue. • For Parcel B, the Commission expressed concern over the lack of access to the parcel. The Community Development Director stated that the property did have access over an unimproved right-of-way (West Orlando Avenue)and that if Mr. Doss wished to develop Parcel B, according to the Land Development Code, he would be required to paved access to the property at his expense. The Commission questioned then the reason for paving the access at the applicant's expense and suggested the City should consider paving the access road for Mr. Doss. The Honorable Mayor and City Commissioners August 15, 2003 Page 7 of 8 The Community Development Director indicated that for Parcel A, the Development Agreement was consistent with past practices of right-of-way dedication. This requirement saves the City funds that would normally be spent for right-of-way acquisition rather than the actual roadway construction and recognizes the increased traffic impacts that will need to be accommodated as a result of rezoning to a higher density. The subsequent roadway improvements would also enhance the value of properties located along these dedicated right-of-ways. The Community Development Director also stated that for Parcel B, the cost for the City to build this access roadway would not be small, and that with the restrictive budget for the City of Ocoee, any expenditure for projects other than those for a specific"public purpose" are highly unlikely. The Planning and Zoning Commission passed the following motions as recommendations to the City Commission: For Parcel A, recommendation to approve the rezoning application to change the current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing &Warehousing (I-1) zoning classification without the Development Agreement that provided for additional right-of- way on Maguire Road and South Kissimmee Avenue and restricting access to the property from Columbus Street. For Parcel B, two recommending motions: • Denial of the Small Scale Comprehensive Plan Amendment to amend the future land use classification from Low Density Residential to Light Industrial. • Denial of the rezoning application to change the current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing & Warehousing (I-1) zoning classification. STAFF RECOMMENDATION: Based on the recommendation of the Planning and Zoning Commission, Staff recommends the following: • Adoption of Ordinance 2003-28 approving the rezoning of Parcel A (1.66 acre) from current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing &Warehousing (I-1) zoning classification, but still subject the approval to execution of a Development Agreement providing additional right-of-way on Maguire Road and South Kissimmee Avenue and restricting access to the property from Columbus Street. • Denial of Ordinance 2003-29, providing for the Small Scale Comprehensive Plan Amendment on Parcel B (.366 acre) to amend the future land use classification from Low Density Residential to Light Industrial and denial of Ordinance 2003-30 (.366 acre), providing for the change from the current Single Family Dwelling (R-1-AA) zoning classification to Restricted Manufacturing &Warehousing (I-1)zoning classification. The Honorable Mayor and City Commissioners August 15,2003 Page 8 of 8 Attachments: Copy of Public Hearing Advertisement,dated August 21,2003 Location Map Surrounding Zoning Map Surrounding Future Land Use Map Ordinance 2003-28(Parcel A Rezoning 1.66 acre) Ordinance 2003-29(Parcel B SSCPA.366 acre) Ordinance 2003-30(Parcel B Rezoning .366 acre) Development Agreement(unsigned) O:\Staff Reports\2003\SR03072 CC.doc ORLANDO SENTINEL . Thursday,August 21,2003 Parcel ID#:17-22-28-6144-04.111(Parcel A) , Case#:RZ-03-03-03 1 Ordinance#:2003-28 CITY Of OCOEE Doss Rezoning Ordinance 1.66-Acre Parcel NOTICE OF PUBLIC HEARING AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE ON THE ZONING CLASSIFICATION FROM OCOEE R-1AA "SINGLE FAMILY RICHARD A.DOSS JR. DWELLING"TO OCOEE I-i "RESTRICTED MANUFACTURING AND REZONING&SMALL SCALE COMPREHENSIVE PLAN AMENDMENT MATELYUY 1166G"FOR CERTAIN PROPERTY ACRES LOCATED NORTH OFN WEST COLUMBUSTAINING I NOTICE IS HEREBY GIVEN,pursuant to Section 4-5 B.,Ocoee Land De- STREET,SOUTH OF WEST ORLANDO AVENUE AND WEST OF THE velopment Code,that on Tuesday,September 2,2003 at 7:15 p.m.,or as soon EXISTING RAILROAD TRACKS PURSUANT TO THE APPLICATION thereafter as practical,the OCOEE CITY COMMISSION will hold a PUB- SUBMITTED BY THE PROPERTY OWNER;PROVIDING FOR AND AU- LIC HEARING at the Ocoee City Commission Chambers,150 North Lake- THORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; shore Drive,Ocoee,Florida,to consider the following request by the appli- REPEALINGTY; CONFLICTFING ORDADINANCES;PROVPROVIDING FOR SEVER- cant: The rezoning of a 1.66 acre parcel located on the northeast corner of West Parc l ID CPA-22-283 144-04.080(Parcel B) Columbus Street and South Kissimmee Avenue from Single Family Dwell- Case ing(R-1-AA)to Restricted Manufacturing&Warehousing(I-1).The small- Ordinance#:2003-29 scale comprehensive plan amendment for the 0.366 acre parcel located at Dossn8 Plan Amendment 0.366-Acre Parcel southwest corner of the intersection of West Washington Street and South Cumberland Avenue(vacated)from Low Density Residential to Light In- dustrial n- AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA AMENDING THE Dwellingel (R thesubsequentto Restricted rezoning ofthesame parcelWafrom Single Family OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, (R-1-AA)to Restricted Manufacturing&Warehousing(I-1). 1991 BY ORDINANCE NO.91-28,AS AMENDED,AS FOLLOWS:AMEND- ' ING THE FUTURE LAND USE MAP TO REDESIGNATE FROM"LOW SMALL SCALE COMIWEHENSIVE PLAN AMENDMENT AND MOW] DENSITY RESIDENTIAL" TO"LIGHT INDUSTRIAL"CERTAIN REAL rucsAND A.DOSS.JN. _ PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED cAeenuMOen:ez.Dsw.w A SECPAf9UD1 NORTH OF WEST COLUMBUS STREET,SOUTH OF WEST ORLANDO LOCATIONMAP AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS PURSU- ANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWN- . .E�,� ER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE j IAN I OFFICIAL FUTURE LAND USE MAP;REPEALING CONFLICTING�- p°n I OR- DINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN 111114111111 P EFFECTIVE DATE. / IMParcel ID#:11-22-28-6144-04-080(Parcel B) -'aa Case#:RZ-03-03-03 -`\\s . Lam Ordinance#:2003-30 MIS I Doss Rezoning Ordinance 0.366-Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE r _ ZONING CLASSIFICATION FROM OCOEE R-1AA "SINGLE FAMILY DWELLING" TO OCOEE I-1"RESTRICTED MANUFACTURING AND WAREHOUSING"FOR CERTAIN PROPERTY CONTAINING APPROXI- . • ••A - '• ( - MATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS I� STRNGT,SOUTH DOFWEST ORLANDO AVENUE TO ANA EAST OF THE UB- r �. ;STING RAILROAD TRACKS PURSUANT TO THE APPLICATION SUB- I` MITTED BY THE PROPERTY OWNER;PROVIDING FOR AND AUTHO- { ) L^-"��. RIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; I. r ABILITY; CONFLICTING PROVIDING FOR ANE EFFECTIVE PROVIDING FOR SEVER- ABILITY; DATE • 'OMR . The City Commission will review and take action upon the request(s)and N 111:— ,' ! WO proposed ordinance(s)listed above,to determine whether they meet the re- E-:. 'E qulre(nents of City of Ocoee-Orange County Joint Planning Area Agree- .. w •n F �_; went,and CIty's Land Development Code. 1 }f 4 s i I — — ® The complete case file,Including a complete legal description by metes and --!! bounds,may be Inspected at the Ocoee Community Development Depart- 150 North Lakeshore Drive, ocFFlorida, lbetween of 8:00 a.m.and 5:00 p.m. ondaythughriday,except legal holidays. The City Commission may continue the public hearings to other dates and times,as It deems necessary.Any Interested party shall be advised that the dates,times,and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. Interested parties may appear at the public hearings and be heard with res- pect to the requested action(s)and proposed ordinance(s)listed above.Any person wishing to appeal any decision made during the public hearings will need a record of the proceedings and for this purpose may need to ensure that a and eavtlm record idence uponfthe proceedings Is made wh ch the appeal Is based. hih Includes the testi- monyPersons with disabilities needing assistance to participate In any of the pro- ceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105 JEAN GRAFTON,CITY CLERK 881/03 OLS5190644 SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND REZONING RICHARD A. DOSS, JR. CASE NUMBER: RZ-03-03-03 & SSCPA 03-003 LOCATION MAP .. • ....•Z'.. : ::{.}a•.; r..r.tt.--1, ..r ...�.•...'."..r.."�urc...a•. ...... �`\ .. • • ................... - f ,`ri.6: :•: •l.• '•moi,` 'a_' �}fl tE:: .:. • 1 / / iRb& g . . 4... .... . ill. MI . . ;;41 i, * • . . • 1 : , :: • >. I tat . . ..... : . ..'f .. u " • : ...-!�`" � ` { �,� J' w.�.� is , `,,r X:.: .... ish I - • ...r... ...1 ::� :yi' ... ':•fir ... •�..•r.... ND '''..Ti) : • SUBJECT PROPERTIES • >• •• ::• • a • - :: . : :. ' 0::;:$ . .. ....... . ..i Mg . . . - ......_ r......... ......, _ , , " . :: ....... :. • IN ' 71 I • .. . W \i•9 ....•• ter..... S ..... ... .... .. :se.. ...... .. .•. .. • � :' 1. Richard A. Doss, Jr.--Case # RZ-03-03-03 and SSCPA 03-003 R-1-AA "Single Family Dwelling" to I-1 "Restricted Manufacturing & Warehousing" Locoation and Surrounding Zoning Map ,,C CZr• of Copp.2 .=_+ r-.----_ ` \ .•t • T� .-•A fir► ❑ Ocoee Community Development Department Scale: 1 inch=600 feet 0 300 600 900 1200 Feet •,''':•.'';''•/;•';''.1;,`,'.`. •.''�:`%. = • Printed: July 200 • • • •• • • • • • • • • • • • • y 3 LEGEND c- r MI Subject Property Wa i o St Unincorporated Territory • ...•;':.•:::::: :• :::.'•:;:•:••:' and Other Muncipalities 4' :: ' '': :' 111111 '�.:::' :: Ziriand A }+- Zoning Classification: :•: ::. :.': :::•r.: '• :•:.`•' '•':''•' '•' �arceI B— — C A-1, General Agriculture ;:; ;;.;. .••.;, ; :�:.....;:..,.:; :: ;.. ::.:::.:::.: .: .. � A-2, Suburban •:':::::::;::.::•,• ,:.::.,:;,:;::;..•.:, ::,::,:.,. : — — R-1AAA, Single Family Dwelling .::..::.: - •...:...:•.,...• ;• .pr �, 6 -- R-1AA, Single Family Dwelling : :::;` R-1A, Single Family Dwelling '�'' OI bu St 1 ( : — _ R1 Single in a FamilyDwelling g 9 • RT 1, Mobile Home Subdivision District ; - R-2, One and Two Family Dwelling \ � - glia R-3, Multi FamilyDwelling :� - 1 t P-S, Professional Offices and Services " '' - • J 116 C-1 Neighborhood Shopping L_ 9 PP 9 CommunityCommercial 450///� . . . . . . . . - ,• '��#�� , Gene St 1111.111111010011 I I l I I � f � I C-3, General Commercial `'`' ... I-1, Restricted Manufacturing 4 • ..':: ',r�'.'-'':}x: '', �' &Warehousing . if-: ■ • ■-• ■ •r•-•.,-. ■ :.• • •-•'• ■ • a • ." 4;-: - .a[;i-Y-1•:r.:}': \` -_. . . 1-2, General Industrial .!-:-•.'.--k.'."•-•".•."."•-••••:••••".'"•••••••••••••••••!.:0 r - " •-•{•••X•1 ■-r-X ■ ■.. ■•-•■ ■ ••■ ■ ■••-.•■ ■ ■•••■ ■ ■• - • ••■ • • • • Y� t•.e:.•.�'.�Y' .. . , ■ PUD-Low Density Residential �' � , in PUD-Medium Density Residential ■.-.�.- .•.�. ..'. .'. . :' .':'. . . . . ,': '.'.'.'.�.'.':��!r: �.. PUD-High Density Residential ,•• •.-.'.".•.-.'.-.-.•.-.• , , - r!-,.r-�. • WI PUD-Commercial •• • • • • • • • • • • • • • • ' •' ! ' ■ ':r- ° ' •-• •-•-. . . -• .-•' err':':�-)' • Lakes and Water Bodies ' ' ■ � :} ':_. Unclassified : '. . . -. .. . _. . . • • . . ' Richard A. Doss, Jr.--Case # RZ-03-03-03 and SSCPA 03-003 LDR "Low Density Residential" to I-1 "Light Industrial" Surrounding Future Land Use Map N ___ 7 ,tide Certec of Cood Jfy� L.—L./L-1 . , ...„... _,..____ • , -� i ii 111111MINIM .... Ocoee Community Development Department 11111.11 mScale: finch=: et fe ` �+ 0 300 600 1200 Feet mom. Immo ■n p Printed: July 2003 Mil Ma � _ LEGEND \ri ....�-�a ....... NE illir 4111F1 iiiiii IMIEL. :mismoimommen 0! Subject Property W = ............m...�.... 11..■..■=rte—�.... 1111...■■ .. m.■�....■. um Unincorporated Territory •.0:I.��C��::"COCA i„■1111.. ��-1..11. and Other Muncipalities to r - , • �� , _. Future Land Use Classification: a — , ' Low Density Residential — i Medium Density Residential — — 6 6 High Density Residential Professional Offices and Services ` - fir, iI Commercial NM Light Industrial ^,-I i Heavy Industriali Conservation/Floodplains i Recreation and Open Space MEI Public Facilities/Institutional N Lakes and Water Bodies - l ORDINANCE NO. 2003-28 CASE NO. RZ-03-03-03: Doss Rezoning Ordinance 1.66 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-1AA "SINGLE FAMILY DWELLING" TO OCOEE I-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 1.66 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND WEST OF THE EXISTING RAILROAD TRACKS PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 1.31 acres of property, as more particularly described in Exhibit "A", from Ocoee R-1AA "Single Family Dwelling", to Ocoee I-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, the rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended(the "Ocoee Comprehensive Plan"); and WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be approved; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 1.66 acres within the 006.303648. corporate limits of the City of Ocoee, Florida is hereby changed from R-1AA "Single Family Dwelling" to Ocoee I-1 "Restricted Manufacturing and Warehousing": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT"B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and adoption. 2 006.303648. PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA.APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 3 006.303648. EXHIBIT "A" LEGAL DESCRIPTION: LOT 8 AND LOT 11, BLOCK'4',(LESS THE WEST 20 FEET FOR ROAD)LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE FOR THE SEABOARD COASTLINE RAILROAD, MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 11 03'46"E,ALONG SAID WESTERLY RIGHT-OF-WAY LINE,395.45 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF SAID LOT 11;THENCE N 89 51'39"W,ALONG SAID SOUTHERLY LOT LINE 224.29 FEET;THENCE N 00 00'00"E,388.20 FEET TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT 8;THENCE S 89 45'08"E,ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.660 ACRES MORE OR LESS. BOUNDARY SURVEY cco c'Z u v i I ! ORLANDO STREET (60 R/W) nip 34' '- 589^45'oe-E 8.0.8. 148.41 INI.P. 20.0' QQB. 0 8 6p 00 8 2. 0 -C6-1 . n b y, rn W m 73 0 tu II o II c o 0 0 I/NO IMPROVEMENTS NAVE BEEN W ` LOCATED AS PER.OWNER W U, (7) O N N N Y , ,W B D 0 • • B 2 20.0• mo .1.ft N 99 o SI' 39"W 2 24.29 ma ate COLUMBUS STREET (60 RAN) 4 006.303648. EXHIBIT "B" Richard A. Doss, Jr. 1 .66-Acre Parcel Location Map , j I L__ 1-553-1 i-- rl 127 fi, ,...., WAS'i i.:N CI T 0 N:3'f 7 T 7 --. . f ,:,z: I I I j45 1 \.. i i i 1 4 A.1. \ J i•-• '41 ki9 i —.. 1 \ ./e2...- .;• B ti5, 4•. —+ 1 1 I 1 6 . i ,\... Nr—TiNo POND I I . I I gt" \ N. w o ?....AN.Db Avz. ..J.--3 al .r.IN. \ .•3:,,...., :. 9 _ —I — — — — .,.,.N.9 1 \ \ ./‘ .• :: : 4 E.; _, 1,1, ii.,.. ,//'4,9 \ rz, •11 .,e_%i il f," sr 1 I '1. t Zil 11 I I .-- -, w cau M3jfi ST cr,7%7777) 14AA 1 fr' 25 - 13 29 1 is g.; F- 143 - . - - -i lot - - - - 006.303648. 5 ORDINANCE NO. 2003-29 CASE NO. SSCPA-03-003: Doss Comp. Plan Amendment 0.366 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "LIGHT INDUSTRIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance#91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-03-003 in order to amend the Future Land Use designation of certain real property containing approximately 0.366 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCPA-03-003 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended denial of Amendment Number SSCPA-03-003; and WHEREAS, on August 5, 2003, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-03-003; and WHEREAS, all required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: 006.299948. SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density Residential" to "Light Industrial." A map of said land herein described is attached hereto as EXHIBIT"B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-03-003 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Ordinance shall take effect upon passage and adoption. 2 006.299948. PASSED AND ADOPTED this day of , 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2003. FOLEY and LARDNER By: City Attorney 3 006.299948. EXHIBIT "A" BOUNDARY SURVEY • • LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK'4',(LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD)AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO,MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A,PAGE 99-100,PUBLIC RECORDS OF ORANGE COUNTY,FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 89 45'31"E,ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE;THENCE 800 03'18"E, ALONG THE CENTER LINE THEREOF, 144.94 FEET;THENCE N 89 46'17"W,96.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03'46"W,ALONG SAID EASTERLY RIGHT-OF-WAY UNE,147.83 FEET TO THE POINT OF BEGINNING. CONTAINING 0.366 ACRES MORE OR LESS. _ _ ___._.__._____----••--ORLANDO STREET (60'R/W) "Nor' pp w IRO N4 • P��, LP • S 89°45.31- E pm. /24.23 1.� i.P. 04.23 30.0 60 oa a . 8 m 8 g C O ." • . K 3 m n NO 0 IMPROVEMENTS NAVE SEN 1 (- LOCATED a3 PER.OWN ER / z• V o 2 C N A .•••••-•••II 0 oa)D • '- O 30 0 ...sj N,D 1" IA N E9'46 WW 96.00 ''e I^ •II D. N� • • • m a • • • COLUMBUS STREET (6O' R/W} 4 006.299948. EXHIBIT "B" Richard A. Doss, Jr. 0.366-Acre Parcel Location Map 1--i-.72-5-----1---14215-1 121 q .na. Iv v..I.A.5_:-.,t IN Gr2;c;•Sr -I- I i \ ? 1 I I 345 1 14 1 , g 1 , i -...., -,...j i .. \. .6,7,... /.• i t I i) ,.., ..." •.,.\ 4 \,... N \ 'iv CR:_ml 2,0 AVE 1M .4.,1 ..., ,A. 1 L .. tk \Skis li, • 1 I POND- -A - ,, , - -,4- ,-- - -1 _ \ J 1 1 I t. 1 I tect 10 c..4 ,.., ,...? 1 1 •li I 1 1 _ 1 r'''' SleS 1 1 ItI _...,3 46 ---—3 Yi g2(.1)-::JNiBLIS 5T 1719,40,,S77 55 _ \ 94/4 elf it. L 345 o L., ) s P'. 1 r- 25 14.41 t 11f(3) S' A- __, t 1 8 ;1323 1 is Z4 n al — \-- I 1 - — — — — H 5 006.299948. ORDINANCE NO. 2003-30 CASE NO. RZ-03-03-03: Doss Rezoning Ordinance 0.366 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-1AA "SINGLE FAMILY DWELLING" TO OCOEE I-1 "RESTRICTED MANUFACTURING AND WAREHOUSING" FOR CERTAIN PROPERTY CONTAINING APPROXIMATELY 0.366 ACRES LOCATED NORTH OF WEST COLUMBUS STREET, SOUTH OF WEST ORLANDO AVENUE AND EAST OF THE EXISTING RAILROAD TRACKS PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property within the corporate limits of the City of Ocoee, Florida have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone approximately 0.366 acres of property, as more particularly described in Exhibit "A", from Ocoee R-1AA "Single Family Dwelling", to Ocoee I-1 "Restricted Manufacturing and Warehousing"; and WHEREAS, at such time as Ordinance No. 2003-29 becomes effective, the rezoning requested by the Applicant will be consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on July 8, 2003 the Planning and Zoning Commission of the City of Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the rezoning be denied; and WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,Florida Statutes. 006.299862. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, for the following described real property containing approximately 0.366 acres within the corporate limits of the City of Ocoee, Florida is hereby changed from R-1 AA "Single Family Dwelling" to Ocoee I-1 "Restricted Manufacturing and Warehousing": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). A map of said land herein described which clearly shows the area of rezoning is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the rezoning enacted by this Ordinance and the Mayor and the City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repeated. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon passage and adoption. PASSED AND ADOPTED this day of ,2003. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2003 READ FIRST TIME , 2003. READ SECOND TIME AND ADOPTED ,2003. Under Agenda Item No. 2 006.299862. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA.APPROVED AS TO FORM AND LEGALITY This day of ,2003. FOLEY & LARDNER By: City Attorney 006.299862. 3 EXHIBIT "A" • BOUNDARY SURVEY • LEGAL DESCRIPTION: LOT 8 AND THE NORTH 87 FEET OF LOT 11, BLOCK'4',(LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SEABOARD COASTLINE RAILROAD)AND THE WEST 30.00 FEET OF VACATED CUMBERLAND AVENUE LYING ADJACENT THERETO,MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A,PAGE 99-100,PUBUC RECORDS OF ORANGE COUNTY,FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH UNE OF SAID LOT 8 AND THE EASTERLY RIGHT-OF-WAY UNE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 89 45'31"E,ALONG THE NORTH LINE AND THE EXTENSION THEREOF, 124.23 FEET TO THE CENTER LINE OF SAID CUMBERLAND AVENUE:THENCE S 00 03'18"E, ALONG THE CENTER LINE THEREOF,144.94 FEET;THENCE N 89 46'17"W,96.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID SEABOARD COASTLINE RAILROAD; THENCE N 11 03'46"W,ALONG SAID EASTERLY RIGHT-OF-WAY UNE,147.83 FEET TO THE POINT OF BEGINNING. CONTAINING 0.366 ACRES MORE OR LESS. _ _ _ ____--.-.--.__-------•--•- ORLANDO STREET (60'R/W) - pm r. nori• /710 -We �� 6.08. P�"„ LP S 690 45•3I' E . 124.23 L 1.►^--�pq 04.23 . 30.0 ► ) go.Do a . $ 8 • e 8 C •e /3 r K m - - m f • n NO 1))P1lOVEMEMS NAVE t£EN) I- A1, ,LQcA7E aS PEP.OWN EA_ C II A . r 03 0 m Z 13 3: C '7 m A r� II O o m r O xi Lt.O 4 30.0 jj FAO I LA N@9°46 17W 96.01 'My. C .. II ro D N g • m a • COLUMBUS STREET (60' R/W) 4 006.299862. EXHIBIT"B" Richard A. Doss, Jr. 0.366-Acre Parcel Location Map 127 stir G7-ON -r 1 T I 1 r ' I r \.N ,,5..„ 8 4 i 4 i `4 \ s--- POND 111 w M1 1 >r` .,Z fir. ,; 0 v AV: ‘v,;\ -,s6.4:111 pt:::::)OND ---\ ;• i f t, 1 49\ L ..4% 4‘ .,/,' iI ' s. i /�t?3.7? ra 11 IE, I I r -- en '`� 346 F4 --- 'i OI:J.M BUS ST �'8'�s'' A 55 L \ CJ Y L 34:5 Q 143 S �13 29 i is nI— 143 -1 — \t- -1 4- - _ 446- - - H. 006.299862. 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 DEVELOPMENT AGREEMENT (DOSS PROPERTY) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2003,by and between RICHARD A. DOSS,JR., whose mailing address is Post Office Box 392, Ocoee, Florida 34761 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the Owner and the City desire to execute this Agreement in order to evidence their mutual agreement as to certain matters related to the development of the Property. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Conveyance of Right-of-Way. Within sixty (60) days following receipt of written notice from the City requesting the same, but in no event later than the date of approval of a Final Site Plan or plat for all or a portion of the Property, the Owner shall dedicate and convey to the City sufficient land lying adjacent and contiguous to, and along the entire length of the Property's frontage on the existing right-of-way for South Kissimmee Avenue and Maguire Road to allow for sixty (60) feet of right of way from the centerline of the existing right of way to the remaining portion of the Property (the "Right-of-Way Property"). The Right-of- Way Property shall be dedicated and conveyed by the Owner to the City by warranty deed free 006.299952. and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the warranty deed shall be subject to the approval of the City. Within thirty (30) days following receipt of written notice from the City requesting the Right-of-Way Property, the Owner shall provide the City a legal description and sketch of description of the Right-of-Way Property prepared by a registered land surveyor which has been certified to the City. In the event the Owner fails to provide the City with a legal description and sketch of description within the time frame set forth above, the City may have the legal description and sketch of description prepared at the expense of Owner. The Owner shall, contemporaneously with the dedication and conveyance of the Right-of-Way Property to the City, provide to the City, a current attorney's opinion of title, or a current title commitment, to be followed by a policy of title insurance, evidencing that fee simple title to the Right-of-Way Property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way Property including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Property shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required dedication and conveyance of the Right-of-Way Property to the City. Notwithstanding the subsequent conveyance of the Right-of-Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of-Way Property until such time as improvements are made to South Kissimmee Avenue and Maguire Road within the Right-of-Way Property. Section 3. Access to Property. At such time as the Property is developed for a use other than its present use exclusively as a single-family residence, access to the Property shall be limited to a single access point along the southern boundary of West Columbus Street at a location to be approved by the City. Section 4. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 5. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 6. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall 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. 006.299952. -2 Section 7. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 8. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 9. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. Further Documentation. The 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 11. Specific Performance. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. Section 12. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment; provided, however, that notwithstanding the foregoing and without regard to the prevailing party, the Owner shall bear its own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 14. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 15. Severability. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. 006.299952. -3- Section 16. Effective Date. The Effective Date of this Agreement shall be the day this Agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this Agreement. -4- 006.299952. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered OWNER: in the presence of: Print Name RICHARD A. DOSS, JR. Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RICHARD A. DOSS, JR., who [_] is personally known to me or [_] produced as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -5- 006.299952. CITY: CITY OF OCOEE,FLORIDA By: S. Scott Vandergrift,Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA. 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 -6- 006.299952. STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2003. Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -7- 006.299952. EXHIBIT "A" LEGAL DESCRIPTION: LOT 8 AND LOT 11, BLOCK'4',(LESS THE WEST 20 FEET FOR ROAD)LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE FOR THE SEABOARD COASTLINE RAILROAD,MAP OF OCOEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK A, PAGE 99-100,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;MORE FULLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THEN NORTH LINE OF SAID LOT 8 AND THE WESTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD;THENCE RUN S 11 03'46"E,ALONG SAID WESTERLY RIGHT-OF-WAY LINE,395.45 FEET TO A POINT ON THE SOUTHERLY LOT UNE OF SAID LOT 11;THENCE N 89 51'39"W,ALONG SAID SOUTHERLY LOT LINE 224.29 FEET;THENCE N 00 00'00"E,388.20 FEET TO A POINT ON THE NORTHERLY LOT LINE OF SAID LOT 8;THENCE S 89 45'08"E,ALONG SAID NORTHERLY LOT LINE, 148.41 FEET TO THE POINT OF BEGINNING. CONTAINING 1.660 ACRES MORE OR LESS. BOUNDARY SURVEY • • C"OZ ZZ, HdV i • I ORLANDO STREET (60 R/W) • i ;� J i' 1010)4, r"0 311' S89"45'CW E B.O.B. 148.41 1•r• 20.0 8 60.00 8 • in a.0 • 0 .20 � n _ oa N o %in J, • U D II o II Q � D O U (NO IMPROVEMENTS HE BEEN 1 LOCATED AS PER AVOWNER / U � W O N Y . W :8 O 0 8 z H 89°51' 39"W 2Z4.29 rN°a/°' "10 1-0•R 1• . COLUMBUS STREET (60 RW) -8- 006.299952.