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Home My WebLink AboutVII (A1) First Reading of Ordinance - Fullers Cross Commerical PUD Agenda 6-02-2004 Center of Good LI Item VII Al a,b&c Mayor � --- rt /1165 Commissioners S. Scott.A'andergrift "! ©, � Danny Howell, District I ;.----e.--6t ' Scott Anderson, District 2 Acting City Manager i , ' Rusty Johnson. District ,3 V. Eugene Williford —_. Nancy J. Parker, District 4 STAFF REPORT TO: The Mayor &City Commissioners FROM: Terry James, AICP, Principal Planner J tv THROUGH: Russ Wagner, AICP, Community Developmen Director ill) DATE: May 21, 2004 SUBJECT: Fullers Cross Commercial PUD Applicant: Maury L. Carter&Associates Joint Planning Area Amendment# 12 (JPA-04-009) Annexation Ordinance: 2004-13 (AR-03-07-09) Small-Scale Comprehensive Plan Amendment Ordinance: 2004-14 (SSCPA-03-008) Initial Zoning Ordinance: 2004-15 (AR-03-07-09) Development Agreement ISSUE: Should the Mayor & City Commissioners approve the Annexation, Joint Planning Area Amendment, Small-Scale Comprehensive Plan Amendment, Initial Zoning, and Development Agreement for Fullers Cross Commercial PUD? BACKGROUND: General Location: The property is located at 2280 Fullers Cross Road in unincorporated Orange County on the southwest corner of the intersection of Fullers Cross and Ocoee-Apopka Roads. Parcel Identification#: 07-22-28-0000-00-071 Property Size: 5.08 +/-acus .: • : 1-!'"- 1:- 7z14,,..` : x . --, .. - res &proposed development plans: The property is currently acant and densely wooded. There are no known archeological or historical sites located on the site; however, wetland areas may be located on the south edge of the property. The proposed development is for a Commercial Planned Unit Development (PUD)for retail and a restaurant, with a maximum of 44,000 square feet of building area. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 • fax: (407) 656-8504 • www.ci.ocoee.fl.us Fullers Cross Commercial PUD AR-03-07-09 Page 2 of 8 Future land use &requested initial zoning classification of the subject property: CLASSIFICATION CURRENT PROPOSED JPA Land Use Low Density Residential/Conservation Commercial/Conservation Future Land Use Orange County Low Density Residential Ocoee Commercial Zoning Orange County RCE Rural County Estate Ocoee Commercial PUD Current future land use and zoning classifications of the surrounding properties: DIRECTION CURRENT FUTURE LAND USE CURRENT ZONING North Ocoee Commercial Ocoee Commercial PUD East Ocoee Low Density Residential Ocoee R1-AA Single Family Dwelling South Orange County Conservation&Low Orange County R-CE Rural County Estate Density Residential West Ocoee Institutional Ocoee Public Use PUD Because the property is currently located in unincorporated Orange County, and the Ocoee- Orange County JPA Land Use designation is currently"Low Density Residential" and "Conservation/Wetlands", the approval of an amendment to the JPA Agreement is required before the annexation can be effective. An amendment to the Orange County-Ocoee Joint Planning Area Agreement would establish a JPA land use designation for the property as "Commercial" and "Conservation/Wetlands". The property is currently designated "Low Density Residential"and "Conservation/Floodplains" on the Ocoee Future Land Use Map necessitating small scale comprehensive plan amendment to change the Future Land Use Classification to "Commercial" and "Conservation/Floodplains". The applicant has also requested an initial zoning classification of"Commercial PUD". Since the Commercial PUD classification has been requested, a development agreement will also be required. Transportation: Ocoee-Apopka Road (County Road 437) is a major north-south arterial roadway, and is currently a 2-lane facility with an adopted level of service of"E". The Ocoee-Apopka Road segment from Fullers Cross Road to McCormick Road theoretically operates at level of service "F"when vested trips are assigned. According to the Ocoee Comprehensive Plan (Figure 11 b), this roadway will become a 4-lane facility by 2020 at which time it will operate at LOS "C". The current Average Daily Traffic (ADT)on Ocoee-Apopka Road/County Road 437 is as follows: FROM TO LANES ADOPTED ADOPTED 2003 Volumes: VOLUME LOS LOS LOS EXISTING RESERVED TOTAL !CAPACITY PERFORMANCE STANDARD NUMERIC g, FROM RATIO CAPACITY VESTED APPROVED STANDARD DEVELOPMENT SR438JSiIver Fuller's 2 E 19,400 5,975 4,470 10,445 0.54 A Star Rd. Cross Rd. Fuller's McCormick 2 E 19,400 9,246 10,648 19,894 1.03 F Cross Rd. Rd. Fullers Cross Commercial PUD AR-03-07-09 Page 3 of 8 Stormwater Drainage,Wetlands & Floodplains: There are natural drainage ditches at the west end of the property and at the southeast corner of the property. Soils indicate that wetlands may exist at the southeast corner of the property, although the owner represents that a preliminary analysis indicated no jurisdictional areas actually within the site. A wetlands survey will be conducted with the Preliminary Subdivision Plan to delineate any jurisdictional wetlands. According to the Flood Insurance Rate Maps (FIRM), the property is not located within the 100-year floodplain. Potable Water&Sanitary Sewer: Potable water from the City of Ocoee is available for this site; sanitary sewer is not. On-site septic tank will be utilized until sanitary sewer becomes available. DISCUSSION: ANNEXATION &THE JOINT PLANNING AGREEMENT Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The proposed annexation at 2280 Fullers Cross Road will not create an enclave. Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA)and is being considered for annexation as outlined in the JPA Agreement. Since the requested Future Land Use and the JPA Map classification of "Commercial" and "Conservation/Floodplains" is not consistent with the current classification of "Low Density Residential" and "Conservation/Floodplains", a JPA amendment will be required before the annexation can be effective. This annexation also will require a small-scale comprehensive plan amendment according to Subsection 8-B of the JPA Agreement since the proposed future land use classification is not consistent with the JPA Land Use Map. The City has complied with the annexation provisions contained in Subsection 6-D of the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. We have received no comments as of the date of this report. Annexation Feasibility & Public Facilities Analysis Report: As a requirement of the JPA agreement, the City is required to perform a feasibility analysis as a component of the annexation procedure. Based upon the projected impacts of the proposed Commercial PUD, the location, and the size of the property, Staff determined that the City can provide the full range of urban services. I Comprehensive Plan: The proposed annexation of the subject property is consistent with the Future Land Use Element Policy 2.5 governing annexations that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added] The subject property is a voluntary annexation, and will be a logical extension of the existing City limits. Fullers Cross Commercial PUD AR-03-07-09 Page 4 of 8 Additionally, the proposed Commercial PUD future land use classification is not consistent with the Future Land Use Map or the JPA Land Use Map contained in the Comprehensive Plan. These land use issues related to the small-scale comprehensive plan amendment and initial zoning will be discussed in greater detail below. In summary, the proposed annexation is logical extension of the City limits. The City can provide adequate urban services as evidenced by the Annexation Feasibility & Public Facilities Analysis Report; therefore, the annexation meets the requirements of the Future Land Use Policy 2.5 governing annexations as discussed above. This annexation meets state regulations and intergovernmental coordination agreements (the JPA Agreement). DISCUSSION: SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT & INITIAL ZONING The proposed "Commercial" and "Conservation/Floodplains" future land use classification for this subject property is not consistent the City of Ocoee Future Land Use Map and the JPA Land Use Map; therefore, the applicant is required to submit a Small Scale Comprehensive Plan Amendment in order to change the Future Land Use/JPA Land Use Map Classification from "Low Density Residential" and "Conservation/Floodplains" to "Commercial" and "Conservation/Floodplains". This proposed future land use classification is compatible with other "Commercial" properties located on the northwest and northeast corners of the Fullers Cross/Ocoee-Apopka Road intersection. The applicant also requested an initial zoning classification of "Commercial Planned Unit Development" (PUD). The initial zoning of "Commercial PUD" on the subject property will allow the City more control over the development plans producing a more integrated and harmonious development that will adequately address the impacts to infrastructure. Commercial PUD zoning for this PUD will allow the same uses as permitted in a C-2 zoning district, except the following uses will not be permitted: Automobile parking lot, automobile repair, automobile sales (new and used), automobile auction, automobile wreckage/salvage yard, boat sales and service, borrow pit, pawn shop, bus terminal, equipment sales, golf course/country club, mobile home and travel trailer sales, motor vehicle wholesale, recreational facility (neighborhood and commercial), recreational vehicle parks, truck stop, and check cashing services. Being directly adjacent to Ocoee Crown Point PUD, the Fullers Cross Commercial PUD will be required to follow the Crown Point Development Standards that include upgraded architectural and site design standards. The infrastructure impacts of this proposed small-scale comprehensive plan amendment and initial zoning is discussed in greater detail below. I Transportation: As indicated in the transportation table above, the Fullers Cross Road to McCormick Road segment on Ocoee-Apopka Road is theoretically operating at LOS "F" with the vested trips added; however, currently the roadway is operating at LOS "C". The majority of these vested trips are the product of the Ocoee-Crown Point PUD and will take at least five years before they are added to the roadways. In order to accommodate the vested trips of the master planned Ocoee Crown Point PUD, the OCP PUD is required to mitigate the impacts of the development Fullers Cross Commercial PUD AR-03-07-09 Page 5 of 8 by providing extensive intersection roadway improvements to mitigate the impacts of traffic as the project develops. Additionally, Ocoee-Apopka Road will be widened to 4 lanes before 2020. Both the Ocoee-Crown Point and Fullers Cross Commercial PUDs are located near two interchanges on the newly completed Western Expressway/SR429. The northern interchange is at Clarcona-Ocoee Road and West Road and the southern interchange is at Silver Star Road (SR 438). These Expressway interchanges will provide alternatives to the use of local roadways that will further mitigate adverse traffic impacts. The Fullers Cross Commercial PUD will also be required to mitigate transportation impacts at the intersection of Fullers Cross and Ocoee-Apopka Road as a component of the"Conditions of Approval" for this project. The following intersection improvements, cross-access and shared- access requirements, and access restrictions will enhance the function of this critical intersection: • Eastbound left turn lane on Fullers Cross Road at Ocoee-Apopka Road; • Right in only access turn taper on Fullers Cross Road with a raised 4 inch concrete median separator to prevent left-in/left-out access to the project site; • Eastbound right turn taper on Fullers Cross Road into the property at the shared access point; • Westbound left tum land on Fullers Cross Road into the property at the shared access point; • Two outbound turn lanes, at a minimum, with at least one left turn lane and one right turn lane onto Fullers Cross Road from the shared access point. • Northbound left turn lane on Ocoee Apopka Road at Fullers Cross Road; and • Right in only access turn taper on Ocoee-Apopka Road with a raised 4-inch concrete median separator to prevent left-in/left-out access to the project site. In addition, the Developer will dedicate 20' ROW along Fullers Cross Road for future widening of that road. Enough ROW already exists on Ocoee-Apopka Road for future widening so additional ROW along this roadway will not be required of this project. These transportation mitigation requirements as a component of the "conditions of approval" are consistent with the following Transportation Element Policies from the adopted Ocoee Comprehensive Plan: • Policy 2.2.4: Preserve needed right-of-way through funding by developer contributions. • Policy 3.1.3. Transportation: Develop, support, and require access management strategies on arterial roadways, including limited/joint access medians and turn bays. Stormwater Drainage, Wetlands & Floodplains: The natural drainage ditches on the west and southeast boundary will be dedicated through access easement to the City for maintenance. Drainage of the development will be piped to a retention pond on-site. All stormwater drainage will meet the requirements of Chapter 25-17, Florida Administrative Code. Since the development is within the Lake Apopka basin, the water quality will also meet the Lake Apopka Rule promulgated by the St. John's Water Management District that requires increased phosphorous attenuation. Fullers Cross Commercial PUD AR-03-07-09 Page 6 of 8 Preliminary soil surveys suggest that wetlands are located on the southeast boundary. More detailed soil surveys will be required during the Preliminary Subdivision Plan, and, if wetlands found, an upland buffer 25'from any jurisdictional wetlands will be required. There are no 100-year floodplains on site, so the development will not impact critical floodplains. Potable Water&Sanitary Sewer: The City will provide water service. The closest water main is a 12" on the east side of Ocoee- Apopka Road. The Developer will construct an 8" water main on Fullers Cross Road. On-site septic will be utilized during the first phase of development until City sewer service is available; currently the closest sewer connection is 1.5 miles south. DRC RECOMMENDATION: On April 21, 2004, the DRC met to determine if the proposed Annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussion, the DRC recommend approval for the Fullers Cross annexation and Commercial PUD. PLANNING &ZONING COMMISSION: The Planning &Zoning Commission reviewed the application for the above property at their May 11, 2004 meeting. After the Staff presentation, the P&Z discussed the following issues: • The wetlands are located south of the property and off the site. The "Conditions of Approval" require the applicant to delineate the jurisdictional wetlands and the required buffer; • Since the site is only 5 acres, it will be a "neighborhood commercial" use rather than a more intensive use as proposed on the Chevron property located to the east of this site; • The location at this intersection of Fullers Cross and Ocoee-Apopka Roads will require access management and additional right-of-way for future improvements. These are contained in the "Conditions of Approval" that must be approved to obtain the Planned Unit Development; • Additionally, the PUD will require upgraded architectural enhancements and stormwater quality provisions to match the requirements in the Ocoee-Crown Point PUD to the west. Jay Jackson of Kimley-Hom & Associates and Preston Hagge of Maury L. Carter & Associates represented the applicant. Mr. Jackson stated the intent of the applicant was to place the property on the market for sale. Upon questioning by the P&Z Commission, Mr. Jackson indicated that mostly likely the property would be used for a drugstore, gas station or a small strip center. Mr. Jackson also indicated the applicant had met with the Ocoee Crown Point Homeowners Association and gained their support for this project. The only speaker during the public hearing was Kevin Keller, the President of the Ocoee Crown Point Homeowners Association (HOA). He indicated that the HOA supports the project, but that he assumed a moratorium on rezonings would be put in place until the Northwest Sector Plan (MWSP)was complete. Fullers Cross Commercial PUD AR-03-07-09 Page 7 of 7 Russ Wagner, the Community Development Director, stated that this was not correct. Mr. Wagner stated further that this property had limited use because of it size and would most likely become commercial under any development scenario in the NWSP. He further stated that the Commercial PUD would give the most control over the site and provide for a more compatible development with the surrounding area. Mr. Keller further indicated he had no objections to the project since the wetland buffer and the additional requirements would not significantly impact the Crown Point Woods subdivision. He further stated that"neighborhood commercial" development was needed in the area. There were no other oral or written comments for the public hearing. The Planning &Zoning Commission then recommended to the Mayor& City Commissioners the approval of the requested actions pursuant to Staff recommendations. This recommendation was then passed unanimously. STAFF RECOMMENDATION: Based on the Development Review Committee recommendation and the subsequent recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor & City Commissioners, take the following actions: • Approve the 12th Amendment to the Joint Planning Area (JPA) Agreement, establishing a land use designation of"Commercial" and "Conservation/Wetlands" on the JPA Land Use Map; • Adopt Ordinance 2004-13 to annex the property located at 2280 Fullers Cross Road; • Adopt Ordinance 2004-14 to approve a Small-Scale Comprehensive Plan Amendment establishing a Future Land Use designation of "Commercial" and "Conservation/Floodplains" on the Ocoee Future Land Use Map for the Fullers Cross Commercial PUD, subject to approval of the JPA Amendment and annexation ordinance. • Adopt Ordinance 2004-15 to approve an initial zoning designation for Fullers Cross Commercial PUD as Commercial Planned Unit Development, subject to approval of the annexation ordinance and small-scale comprehensive plan amendment ordinance. • Approve the Development Agreement, subject to approval of the annexation ordinance and the PUD zoning ordinance. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation & Feasibility Analysis Fullers Cross Commercial PUD Land Use Plan Letter concerning Crown Point Woods HOA coordination, dated April 23, 2004 Joint Planning Area Amendment#12 Annexation Ordinance 2004-13 Small Scale Comprehensive Plan Amendment Ordinance 2004-14 Rezoning Ordinance 2004-15 Draft Developer's Agreement File:O:\Staff Reports\2004\SR04036 CC.doc Fullers Cross Commercial PUD Location Map Vf " _: ;:r fes,; 's y a -f i O0`4 / / o Q. / / % m 4yQ' , '-; /'�i / • • 4 % ,"" FULLERS CROSS // a , e S f ' li • � 'i0$ , oWNppN � W R 4G : . ,I'u LOG LANDIN Aill . . : . Fullers Cross Commercial PUD Surrounding Future Land Use Map LI f f tail!,- .-- �` \ PS 4.1 V`1es.f�• / Ocoee::E: eboPrnhi 0 ✓1 inch equals 1t 0 250 500 750 1,000 Feet I Printed: July 2003 •• FirOSS • Il Subject Property INIIMEN Unincorporated Territory 17/ mu "" and Other Municipalties 7n- Low Density Residential llSHIiIIMIC Medium Density Residential KM O ,KM MI High Density Residential A 0 -,-y ■��. n MN = Professional Offices and Services II i�+,i� ' 11.1111104 Q, LDR r NUB MI Commercial ■„ to �' 111.Light Industrial J II ■ .' _11111 iim Heavy Industrial ; ii_�• / O B•1IU IIIIIIV a IN Conservation/Floodplains •� li ■• _'` -- -�� Recreation and Open Space _ J —1 ! •, ��n MI Public Facilities/Institutional G�IR$INla ,,�� —., z Road Right-of-Way - Ibl I I I I I z �� i il Lakes and Water Bodies O �.1 1 '�:11W�-'z 1 Ir-- - 1 _ o MI I 1 z -. t Fullers Cross Commercial PUD Surrounding Zoning Map 0 — Ocoee Community Development Department 1 inch equals 1,185.126765 feet Medium Density Rest•ent all 0 400 800 1,200 1,600 Feet Printed: July 2003 -- 411111110P' Commercial D Subject Property fes:;. . ..._____<- Unincorporated Territory and Other Municipalties Commerci Zoning Classification: P( General Agricultural (A-1) Suburban (A-2) <=ci_1 /// ( ^— Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) Low Density PUD Single-Family Dwelling (R-1A) Public Use PuP> ;�'; ■ Single-Family Dwelling (R-1) / %One- &Two-Family Dwelling (R-2) � iimi __Multiple-Family Dwelling (R-3) - F `- .- -OSS TI■� MI Mobile Home Subdivision (RT-1) 11 al NW Professional Offices &Services (P-S) - �� 0 ! t ! ? MIN 111 MI rcial (C-3)immi �� '� __. Restricted Manufacturing _�r�.a o moi&Warehousing (1-1) 111111111111 � ��`� �o ii■11uti,7■II IIM General Industrial(1-2) ��1'� "� Lamm ■111■■ �� '� � —� =1111■ilI1L'■� Commercial (PUD) • t. II�g■■■.■-. `or, o,. � j+-.II m 1►11l rlr, .� r1li!'31.■lu Low Density (PUD) �■■W� � �,� Medium Density(PUD) I 1 /rj:■�� NMI �■Ei High Density (PUD) i f•`�i�1�■@�L' WCI ,,, rem 1111■ 11 i .rsToi ■■■■�■■■ al //�Unclassified .��, - _ 'MIA INN ■I Lakes and Water Bodies �liw ` �• r - ■ _ am ill o ■ il, .Ttta M. a�im �� MO 111 TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JPA-04-009: FULLERS CROSS COMMERCIAL PUD) THIS TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the day of , 2004, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (the"County") and the CITY OF OCOEE, a Florida municipal corporation(the"City"). RECITALS WHEREAS, the County and the City have entered into a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated February 10, 2004, as amended by the Eight Amendment thereto dated February 10, 2004, as amended by the Ninth Amendment thereto dated February 10, 2004, as amended by the Tenth Amendment thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, and as amended by that certain First E Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the"Joint Planning Area Agreement"); and WHEREAS, the Joint Planning Area Agreement relates to property described therein which is located in and around the boundaries of the City(the"Joint Planning Area"); and WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, and enforce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party; and WHEREAS, the County and the City have the authority to enter into this Amendment pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163.3171, Florida Statutes, in particular; and WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain procedures for amending the future land use designations shown on the Joint Planning Area Land Use Map (hereinafter the"JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 5.08 acres of land, all as more described in Exhibit"1" attached hereto and by this reference made a part thereof(the"Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designation shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and V Conservation/Wetlands" (hereinafter referred to as the"Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and -2- WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS,the local planning agencies of both the County and City have considered this Amendment and made recommendations to the Orange County Board of County Commissioners and the Ocoee City Commission,respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the receipt and sufficiency of which is hereby acknowledged,the County and the City hereby agree as follows: Section 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2. Authority. This Amendment is entered into pursuant to (1) Chapters 125, 163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and -3- Conservation/Wetlands." The Affected Parcel is described in Exhibit "1" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit "B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. l -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMIVIISSIONERS By: County Chairman DATE: ATTEST: , County Comptioller As Clerk of Board of County Commissioners Deputy Clerk I -5- CITY OF OCOEE,a Florida municipal corporation By: S. Scour VANDERGRIFr,Mayor Attest: JEAN GRAFrON,City Clerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMIVIISSION AT A MEETING HELD ON OCOEE,FLORIDA; APPROVED ,2004 UNDER AS TO FORM AND LEGALITY AGENDA ITEM NO. this day of ,2004 FOLEY&LARDNER LLP By: City Attorney -6- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this T day of , 2004. Signature of Notary Name of Notary(type,printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -7- EXHIBIT "1" LEGAL DESCRIPTION OF AFFECTED PARCEL VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. I -8- ORDINANCE NO. 2004-13 TAX PARCEL ID #: 07-22-28-0000-71 PROJECT NO. AR-03-07-09: Fullers Cross Commercial Development Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION 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 AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the 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 said real property 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 (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and ORDINANCE NO. 2004-13 -1- 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 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. 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. 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. 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). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. 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 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. ORDINANCE NO. 2004-13 -2- Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. 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. ORDINANCE NO. 2004-13 -3- PASSED AND ADOPTED this day of , 2004. 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 , 2004. APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY THIS DAY OF , UNDER , 2004 AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney k ORDINANCE NO. 2004-13 -4- EXHIBIT "A" Legal Description VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. ORDINANCE NO. 2004-13 -5- EXIBIT "B" Fullers Cross Commercial PUD Location Map • / ! ., 1 i r % r'/, / 4,, /.,././.../:, z ,•!;a . ,. FULLERS CROSS 'i:%� ,l-X : f ffjJ F' ,+; rf , J ,.....;‘,,/,, 1f 1 rf d ib I ` r Jt t,' ,,IIIN i ff ,l , ♦ ♦. °� J`'S i. t ,! Ili , c idlioir, 7 LOG LAN01 Ail , , ___ ____...., 3 Iiiim ORDINANCE NO. 2004-13 —6— ORDINANCE NO. 2004-14 CASE NO. SSPCA-03-008: Fullers Cross Comp. Plan Amendment 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" AND "CONSERVATION/FLOODPLAINS" TO "COMMERCIAL" AND "CONSERVATION/FLOODPLAINS" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION 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-03-008 in order to amend the Future Land Use designation of certain real property containing approximately 5.08 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-03-008 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on May 11, 2004 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-03-008, conditioned upon approval of an amendment to the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the"JPA Agreement"); and WHEREAS, on June 15, 2004, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-03-008; 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"); and WHEREAS, this Ordinance not become effective until such time as evidence that the JPA Agreement has been amended to allow for commercial land uses on the Property (the "JPA Amendment") so as to cause this Ordinance to be consistent with the JPA Agreement. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA, AS FOLLOWS: SECTION 1. Authority. The 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" and "Conservation/Floodplains" to "Commercial" and "Conservation/Floodplains". 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-03-008 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect upon the occurrence of the following: (1) delivery to the City of an amendment to the JPA Agreement which allows for Commercial/Conservation land uses on the Property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and (2) Ordinance 2004-13 [Fullers Cross Annexation Ordinance] becoming effective. 2 PASSED AND ADOPTED this day of , 2004. 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 ,2004. FOLEY and LARDNER LLP By: City Attorney 3 Exhibit"A" VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. 4 EXHIBIT "B" Fullers Cross Commercial PUD Location Map Alill.1111 ---• • . - IPPP72----* I 111 � KYj� .1- -a' ',N - ..2-15:<-:- -- 11111.rin 00 ._ f _,------ y , ,,,,,, .._ . ._. ___ ♦, .,.,. . „„ ._ I _ #' x ... 'I ,„ ■:i: A/ FULLERS CROSS ,� r= J ''' '.11111' thl a 1J m r lar kVA _ - - ��I L 1-II L 7 `� �111111■11m F�l{�LERi CROSS II IIP I 0 Nu + 'IGi1■111■■ a M �� r =11IIIrI■II - ■■■N Ili ow w� `''i �WA EWill�lMI ��' �� L4 -roam JI■ X111. j ' !! r fIrte:IsNI 111111L■ air J¶ 11 1111 -11,' 111111111113Vill ill 1 IY o PINEIIIIII �■Iil . ,rir I 1 11=1111 i 0 7 IN k 0 i. 1 - :' ' 1 0 I� 1 5 ORDINANCE NO. 2004-15 TAX PARCEL ID #: 07-22-28-0000-071 PROJECT NO. AR-03-07-09: Fullers Cross Community Development Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-CE, "RURAL COUNTY ESTATE" TO OCOEE COMMERCIAL PUD "PLANNED UNIT DEVELOPMENT" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.08 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE OCOEE APOPKA ROAD AND FULLER'S CROSS ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 5.08 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-CE, "Rural County Estate" to Ocoee Commercial PUD, "Planned Unit Development;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required 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, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on May 11, 2004 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee ORDINANCE NO.2004-15 Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicants, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on June 15, 2004 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), 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 Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 5.08 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-CE, "Rural County Estate" to Ocoee Commercial PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 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 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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. ORDINANCE NO.2004-15 2 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon the occurrence of the following: (1) delivery to the City of an amendment to the JPA Agreement which allows for Commercial/Conservation land uses on the Property, which JPA Amendment has been executed by both the City and Orange County (the "JPA Amendment"); and (2) Ordinance 2004-13 [Fullers Cross Annexation Ordinance] becoming effective. ORDINANCE NO.2004-15 3 SECTION 7. PASSED AND ADOPTED this day of , 2004. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED , 2004. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2004. FOLEY & LARDNER LLP By: City Attorney ORDINANCE NO.2004-15 4 EXHIBIT "A" Legal Description VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. ORDINANCE NO.2004-15 5 EXHIBIT "B" Fullers Cross Commercial PUD Location Map 0 11 —ii'b.. r- ,......... , . ,,,...„.;,_ . , .„ — „, ,,,,, i iii , - „-, „,, _-,..n. �� rr ,3 SIM / ,' FULLERS CROSS 11 �� t .:r - AftePill . --i,„ . ,,. , J .1 H el,ix' ; , , ...„,, O 1111111110 ; i�r,L,,,, ... , r# IPV) �� 111111L �j ,--,mu1m1■ Fi + 4 1♦; _Ill■LII■■ M ► -■111■1.■ _ waft : 1 �,�ti s`tl► �_UI EL1111 is 01 : 11:11 I: tLua1 ice: h.�4mnas a I` `� 111111 Lama y"Li:.'.•�• ' 1 ` 1 1111 i mill -i1 11111■i fn Wu _ a� z __ ':; i /I ■.! L •1111 ill V a` £ tri Q>LL •/ PINE ' , 1137H 1111 MEM illi IP i - M' E ■ llilfillittl 0 4.4._ , u1 , I, �I .. 1 •411TNIP • ORDINANCE NO.2004-15 6 TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE (CASE NO. JPA-04-009: FULLERS CROSS COMMERCIAL PUD) THIS TWELFTH AMENDMENT TO JOINT PLANNING AREA AGREEMENT (this "Amendment") is made and entered into as of the day of , 2004, by and between ORANGE COUNTY, FLORIDA, a political subdivision of the State of Florida (the"County") and the CITY OF OCOEE, a Florida municipal corporation(the"City"). RECITALS WHEREAS, the County and the City have entered into a certain Joint Planning Area Agreement, dated February 11, 1994 as amended by the First Amendment thereto dated August 4, 1998, as amended by the Second Amendment thereto dated January 19, 1999 as amended by the Third Amendment thereto dated November 2, 1999, as amended by the Fourth Amendment thereto dated November 14, 2000, as amended by the Fifth Amendment thereto dated May 6, 2003, as amended by the Sixth Amendment thereto dated July 15, 2003, as amended by the Seventh Amendment thereto dated February 10, 2004, as amended by the Eight Amendment thereto dated February 10, 2004, as amended by the Ninth Amendment thereto dated February 10, 2004, as amended by the Tenth Amendment thereto dated February 10, 2004, as amended by the Eleventh Amendment thereto dated April 6, 2004, and as amended by that certain First Amendment to Joint Planning Area Land Use Map, dated August 4, 1998 (hereinafter collectively referred to as the"Joint Planning Area Agreement"); and WHEREAS, the Joint Planning Area Agreement relates to property described therein which is located in and around the boundaries of the City(the"Joint Planning Area"); and WHEREAS, both the County and the City exercise comprehensive planning authority pursuant to Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, and enforce land development regulations to regulate the development of land within the respective areas of jurisdiction of each party; and WHEREAS, the County and the City have the authority to enter into this Amendment pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act in general and Section 163.3171, Florida Statutes, in particular; and WHEREAS, the provisions of the Joint Planning Area Agreement set forth certain procedures for amending the future land use designations shown on the Joint Planning Area Land Use Map (hereinafter the"JPA Land Use Map"); and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement as it relates to certain real property within the corporate limits of the City of Ocoee, consisting of approximately 5.08 acres of land, all as more described in Exhibit"1" attached hereto and by this reference made a part thereof(the"Affected Parcel"); and WHEREAS, the Affected Parcel is located within the Joint Planning Area; and WHEREAS, the County and City desire to amend the Joint Planning Area Agreement in order to change the land use designation shown on the JPA Land Use Map for the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and Conservation/Wetlands" (hereinafter referred to as the"Proposed Map Amendment"); and WHEREAS, the City has notified the County of the Proposed Map Amendment pursuant to the provisions of Section 8C of the Joint Planning Area Agreement and requested that the County amend the JPA Land Use Map as it relates to the Affected Parcel; and -2- WHEREAS, the County has advised the City that it desires that separate public hearings be held with respect to this Amendment; and WHEREAS,the local planning agencies of both the County and City have considered this Amendment and made recommendations to the Orange County Board of County Commissioners and the Ocoee City Commission,respectively; and WHEREAS, pursuant to Section 163.3171(3), Florida Statutes, this Amendment has been approved at advertised public hearings held by both the Orange County Board of County Commissioners and the Ocoee City Commission. NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realised by the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the County and the City hereby agree as follows: Section 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. Section 2. Authority,. This Amendment is entered into pursuant to (1) Chapters 125, 163 and 166, Florida Statutes, (2) the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements, (3) the Charters of the County and City, and (4) the Joint Planning Area Agreement. Section 3. Definitions. All terms and phrases used in this Amendment shall be as defined in the Joint Planning Area Agreement unless otherwise indicated. Section 4. Affected Parcel; Amendment to Joint Planning Area Agreement. The JPA Land Use Map is hereby amended to change the land use designation of the Affected Parcel from "Low Density Residential" and Conservation/Wetlands" to "Commercial" and -3- Conservation/Wetlands." The Affected Parcel is described in Exhibit "1" attached hereto. The existing Exhibit "B" to the Joint Planning Area Agreement which sets forth the Joint Planning Area Land Use Map is to be amended to incorporate this Amendment. All references in the Joint Planning Area Agreement to Exhibit"B" shall henceforth be deemed to include the JPA Land Use Map as amended to incorporate this Amendment. Section 5. Continuing Effect. Except as expressly set forth herein, the Joint Planning Area Agreement remains unchanged and in full force and effect. -4- IN WITNESS WHEREOF, the County and City have executed this Amendment on behalf of the County and City, respectively, and have set their seals hereto as of the date set forth above. ORANGE COUNTY, FLORIDA By: BOARD OF COUNTY COMMISSIONERS By: County Chairman DATE: ATTEST: ,County Comptroller As Clerk of Board of County Commissioners Deputy Clerk -5- CITY OF OCOEE,a Florida municipal corporation By: S. Scam VANDERGRIFF,Mayor Attest: JEAN GRAFTON,City Clerk (SEAL) FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY ONLY BY THE CITY OF COMMISSION AT A MEETING HELD ON OCOEE,FLORIDA; APPROVED ,2004 UNDER AS TO FORM AND LEGALITY AGENDA ITEM NO. this day of ,2004 FOLEY& LARDNER LLP By: City Attorney -6- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. Signature of Notary Name of Notary(type,printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -7- EXHIBIT "1" LEGAL DESCRIPTION OF AFFECTED PARCEL VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOK 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'53" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THENCE RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE-APOPKA ROAD; THENCE RUN S 05°22'47" E ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. -8- THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Scott A.Cookson,Esq. FOLEY&LARDNER LLP 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 For Recording Purposes Only DRAFT DEVELOPMENT AGREEMENT (FULLERS CROSS COMMERCIAL PUD) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , by and between CARTER CHARLES HERSCHEL TRUST whose mailing address is 100 Midget Place, Winter Garden, Florida 34787 (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, pursuant to the petition of the Owner, on May 15, 2004 the Ocoee City Commission approved Ordinance No. 2004-15 rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. 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. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Fullers Cross Commercial PUD prepared by Kimley-Horn and Associates, Inc. date stamped as received by the City on April 30, 2004 (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. 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(1) 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 4. 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 5. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. -2- Section 6. 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 7. 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 8. 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 9. Further Documentation. The parties agree that at any time following a request therefor 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 10. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 11. 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, legal assistants' 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. Section 12. 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 13. 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 14. Severability. If any 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. Section 15. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. -3- IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the OWNER: presence of CARTER CHARLES HERSCHEL TRUST By: Print Name Name: Its: Print Name -4- STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , who [ 1 is personally known to me or [ 1 produced as identification, and that 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 Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(ifnot legible on seal): My Commission Expires(ifnot legible on seal): -5- CITY: CITY OF OCOEE,FLORIDA By: S. Scott Vandergrift,Mayor Attest: Jean Grafton,City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA. Approved as COMMISSION AT A MEETING HELD ON to form and legality this day of UNDER AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney -6- STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(ifnot legible on seal): My Commission Expires(if not legible on seal): -7- JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT (FULLERS CROSS COMMERCIAL PUD) The undersigned hereby certifies that it is the holder of a mortgage, dated _, and recorded in Official Records Book 4041, Page 90, Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Development Agreement (Fullers Cross Community PUD) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Development Agreement. Signed, sealed and delivered in the presence of By: Print Name: Printed Name: Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 ,by who is the of , a . He/she F 1 is personally known to me, or ( 1 has produced as identification. Signature of Notary Name of Notary(Typed, Printed or Stamped) -8- EXHIBIT "A" THE PROPERTY VACATED LOTS 1, 2, 3, 4, TRACT B AND CROWN POINT COURT, CROWN POINT WOODS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15, PAGES 101 THROUGH 103 AND SUBSEQUENT VACATION RECORDED IN OFFICIAL RECORDS BOOK 3804, PAGE 1504 AND AS AMENDED IN OFFICIAL RECORDS BOOKS 3911, PAGE 1975, ALL OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A" OF SAID PLAT OF CROWN POINT WOODS, AS THE POINT OF BEGINNING; THENCE RUN N 00°51'33" E, ALONG THE WEST LINE OF VACATED LOTS 3 AND 4, 501.92 FEET TO THE SOUTH RIGHT OF WAY LINE OF FULLERS CROSS ROAD; THEN RUN S 89°57'47" E, ALONG SAID SOUTH LINE, 508.78 FEET TO THE WEST RIGHT OF WAY LINE OF OCOEE- APOPKA ROAD; THENCE RUN S 05°22'47" E, ALONG SAID WEST LINE, 352.84 FEET TO A CURVE CONCAVE TO THE EAST; THENCE RUN SOUTHERLY ALONG SAID WEST LINE AND CURVE HAVING A CENTRAL ANGLE OF 00°43'38", A RADIUS OF 1969.86 FEET, AN ARC LENGTH OF 25.00 FEET, A CHORD BEARING OF S 05°44'36" E AND A CHORD DISTANCE OF 25.00 FEET TO THE NORTH LINE OF AFORESAID TRACT "A"; THENCE RUN THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID NORTH LINE: S 70°37'57" W, 148.52 FEET; N 45°00'00" W, 80.00 FEET; S 82°40'19" W, 190.87 FEET; S 29°00'00" W, 103.00 FEET; S 81°03'31" W, 117.43 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 5.079 ACRES MORE OR LESS. EXHIBIT "B" CONDITIONS OF APPROVAL 1. The applicant requests the City of Ocoee to annex 5.08 acres of land into the City and rezone the Property (Tax Parcel I.D. #07-22-28-0000-00-071) to PUD, Planned Unit Development. The annexation and rezoning will be subject to approval of an Amendment to the Joint Planning Area Agreement, a Small Scale Comprehensive Plan Amendment and a Development Agreement. 2. Current Zoning: R-CE"Rural Country Estate" (Orange County) 3. Maximum Building Area: 44,000 SF (Limited to Maximum Daily External (Not Including Pass-By) Trips of 1,970 or PM Peak Hour External (Not Excluding Pass-By) Trips of 198) 4. Maximum Floor Area Ratio: .20 5. Maximum Building Height: 35 Feet 6. Parking Ratio: Per Code 7. Impervious Area: 70%Max. 8. Pervious Area: 30%Min. 9. Phasing Plan: The project will be developed with multiple users. The timing of which will be determined by market demand. However, each phase will be capable of standing alone and designed with a central stormwater system and consistent with the Access Management Program. 10. Adjacent Roads: C.R. 437 (Ocoee-Apopka Road) 2-lane road within 90-135 feet of existing right-of-way; Fullers Cross Road within 60 feet of existing right-of-way. 11. Proposed Access: 1 Right In/Right Out Only on Ocoee-Apopka Road; 1 Right In Only on Fullers Cross Road; 1 Full Access on Fullers Cross Road at the west perimeter access road. 12. Flood Zone: FIRM Zone X, Minimal Area of Flooding 13. Building Setbacks: Ocoee-Apopka Road— 50 Feet; Fullers Cross Road— 35 Feet; South Perimeter Conservation Area - 25 foot upland buffer from the jurisdictional wetland line; West Perimeter Access Road—25 Feet. 14. Adjacent Zoning: North — PUD; South — R-CE Rural County Estate (Orange County); East—R-1AA; West—PUD. 15. Buffer Requirements: Between Buildings: 20 Feet; Landscape Buffers: North — 15 feet; East—25 feet; West— 10 feet from easement. 16. Support Services: Water Service: City of Ocoee— 5,280 GPD(Estimated Flow) Wastewater: On-site Septic will be utilized until such time City sewer service is available (5,280 GPD Estimated Flow) (Nearest sanitary connection 1 1/2 miles south) Stormwater Management: On-site retention/detention per City of Ocoee and St. Johns River Water Management District Parks and Recreation: N/A Schools: N/A 17. Permitted Uses: Same as those permitted and requiring Special Exception in C-2 "Community Commercial District", with restrictions. 18. Prohibited Uses: Automobile parking lot, automobile repair, automobile sales (new and used), automobile auction, automobile wreckage/salvage yard, boat sales and service, borrow pit, pawn shop, bus terminal, equipment sales, golf course/country club, mobile home and travel trailer sales, motor vehicle wholesale, recreational facility (neighborhood and commercial),recreational vehicle parks,truck stop, and check cashing services. 19. Special Development Standards: At a minimum, commercial development standards in Article VI, Section 6-14 of the Land Development Code, and the Ocoee Crown PUD Development Standards will be required. 20. Except as specifically noted on this plan, development of this property shall be consistent with the requirements of the City of Ocoee Code. 21. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes Chapter 163 concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity, or itself, from the application of such state legislation and nothing herein should be considered as such an exemption. 22. There shall be no access from the project to any public roads except at the approved locations shown on the plan. 23. A perpetual, non-exclusive easement for access over all internal roadways and paved areas shall be granted in favor of the City of Ocoee and other applicable authorities for law enforcement, fire, and other emergency services. -11- 24. All legal instruments, including but not limited to the declaration of easements, covenants and restrictions and deeds conveying property to property owner's association, shall be approved by the City prior to plat approval. 25. Prior to the issuance of the first preliminary site plan or preliminary subdivision plan for the Property, or any portion of the Property, the Developer and City staff shall evaluate and determine what cross access and drainage easements and improvements are required in connection with the proposed development. In considering the need for cross access and drainage easements and improvements during its evaluation of development proposed for any portion of the Property, the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Developer shall at the time of approval of the land use plan for the property, enter into a shared access and drainage easement agreement for shared access to the site with the property to the west and for a 20 foot drainage easement along the western boundary of the property. 26. Prior to the issuance of the first preliminary site plan or preliminary subdivision plan for the Property, or any portion of the Property, the Developer and City staff shall evaluate and determine what future right of way needs to be conveyed to the City in connection with the proposed development. In considering the need for additional right of way during its evaluation of development proposed for any portion of the Property, the City may consider any and all development approvals it has previously granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Developer shall, within 60 days of a request by the City of the same, but in no event later than platting or final site plan approval, convey to the City Tract A (20 feet of right of way along Fullers Cross Road) including a 50 foot radius at the new southwest corner right-of-way lines of Fullers Cross Road and Ocoee-Apopka Road. The Developer shall provide for all roadway improvements and shall construct the same, according to the phasing schedule in the Access Management Program. All roadway improvements and all turn lanes along Fullers Cross Road and Ocoee-Apopka Road shall otherwise comply with the then existing City specifications for public ro ds. To the extent right of way is to be conveyed to the City, the conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the City. At least twenty(20) days prior to the conveyance, the owner shall, at such owner's sole cost and expense, provide to the City for review and approval a metes and bounds legal description and sketch of description, both certified to the City of Ocoee, for the property to be conveyed. The owner shall, contemporaneously with the conveyance of the property, 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 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 property, including the cost of title work, shall be borne solely by the owner. Real property taxes on the 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 such owner in accordance with the provisions of Section 196.295, Florida Statutes; -12- provided, however, that if the conveyance occurs between November 1 and December 31, then the owner shall be responsible for real property taxes for the entire year. Neither the owner, its successors and assigns, 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 conveyances. 27. Any damage caused to any public road as a result of the construction activities related to the project, shall be promptly repaired by the Developer to the applicable government standards at the Developer's sole cost and expense. 28. Prior to the issuance of the first preliminary site plan or preliminary subdivision plan for the Property, or any portion of the Property, the Developer and City Staff shall evaluate and determine what water and sewer utility improvements are required in connection with the proposed development. In considering the need for water and sewer utility improvements during its evaluation of development proposed for any portion of the Property, the City may consider any and all development approvals it has granted for any portion of the Property. Notwithstanding the foregoing, at a minimum, the Developer shall be solely responsible for any costs associated with extending and/or upgrading water and sewer utility lines to the Property. All water and sewer utility improvements must be consistent with the City's utility master plans. In addition, the water supply must be designed to accommodate fire flow demand. When public sanitary sewer is in proximity to the development, it is the Developer's responsibility to tie into the sanitary sewer line and pay for all costs associated with tying into the line, including provision of any necessary lift stations. 29. If any regional lift station on the property is required for the City, it will be conveyed to the City at no cost to the City, at the time of platting or final site plan approval. Lift station facilities shall be designed to accommodate a master pumping station consistent with the City's utility master plans. All such lift stations shall be fenced with black, vinyl chain-link fence, with posts and rails painted black, and shall be set back no less than 25 feet from any street. Such lift stations shall also be screened with hedge-type shrubbery, such as viburnum or ligustrum. 30. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan for the Property, the Developer will map the jurisdictional wetland line on the site and establish a 25 upland buffer from that line to demark the southern portion of the site that is to be preserved. Depending on the results, the City may also require a Conservation and Drainage Easement over any wetlands or adjoining conservation area. The usable area of the site will be reduced by this acreage and all development criteria will be reduced proportionately. Prior to or at the time of development of any portion of the Property, if a Conservation and Drainage Easement and access easement thereto if necessary, is required, the Developer shall convey to the City the Conservation and Drainage Easement, the form of which shall be approved by the City prior to the conveyance. 31. Each phase of development shall stand on its own with respect to public services (sewer, water, stormwater management, access and other related services). -13- 32. The Developer shall provide, at a minimum, an 8-inch water main along the northern boundary of the Property on Fullers Cross Road at the time of installation of the subdivision infrastructure. 33. Stormwater management shall be provided consistent with the requirements of the Ocoee Land Development Code and the St. John's River Water Management District. The stormwater management system is subject to all Rules affecting the protection of Lake Apopka in force at the time of development of the Property. 34. The Developer shall make every effort to design the site in such a way as to preserve as many significant trees as possible. 35. A property owner's association will be created for maintenance and management of all common areas and facilities, unless otherwise noted. 36. The Developer shall construct appropriate curb cuts to enable construction of ramps at all rights-of-way intersections (and other areas as reasonably required) in order to accommodate access to sidewalks and streets for persons who are in wheelchairs and other persons who are physically challenged. 37. Access Management Program: ACCESS MANAGEMENT PROGRAM Number Shown on Phase Roadway Improvements to be Provided * LUP 1 1 East Bound Left Turn Lane on Fullers Cross Road at Ocoee-Apopka Intersection. 2 1 Right-In Access only Turn Taper on Fullers Cross Road with a 4- foot concrete median separator to prevent left-in/left-out access to the project site. 3 1 East Bound Turn Taper on Fullers Cross Road into the property at the Joint/Cross Access Point. 4 1 West Bound Left Turn Lane on Fullers Cross Road into the property at the Shared Access Point. 5 1 Minimum of two outbound turn lanes, at least one left turn and one right turn, onto Fullers Cross Road from the Shared Access Point. 6 2 Northbound left turn land on Ocoee-Apopka Road at the Fullers Cross Road Intersection. 7 2 Right-In/Right-Out only access turn tapers on Ocoee-Apopka Road with a 4-foot raised concrete median to prevent left-in/left-out access to the project site. -14- Phase 1 =At the time of development consistent with the 1 st Preliminary Subdivision Plan or Preliminary Site Plan for the property. Phase 2 =At the time of development consistent with any subsequent plans. * At a minimum,the developer will provide these improvements unless someone else has put them in before approval of the 1st Preliminary Subdivision Plan or Preliminary Site Plan for the property. The City has the right to evaluate the improvements based on the development proposal. Trip Threshold: Maximum Daily External(not including Pass-By) Trips of 1,970 or PM Peak Hour External(not excluding Pass-By) Trips of 198. -15-