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HomeMy WebLinkAboutVI(A2) Second Reading of Ordinance; Ingram Estates, Project #AR-03-12-13 Agenda 04-06-2004 e Center of Good Ltv Item VI A2 a,b,c,d,e Mayor �� lg Commissioners S. Scott Vandergrift Danny Howell, District 1 Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Jim Gleason _ r Nancy J. Parker, District 4 STAFF REPORT DATE: March 25, 2004 TO: Mayor& City Commissioners FROM: Terry L. James, AICP, Principal Planner THROUGH: Russ Wagner, AICP Community Development Director SUBJECT: Ingram Estates Annexation, Initial Zoning &Annexation Agreement Case Number AR-03-12-13 Ordinance 2004-02: Annexation of Lake Tracey LLC & MCO Industries parcels Ordinance 2004-03: Rezoning of Lake Tracey LLC & MCO Industries parcels Ordinance 2004-04: Annexation of Gilliam Trust parcel Ordinance 2004-05: Rezoning of Gilliam Trust parcel ISSUE: Should the Mayor& City Commissioners adopt Annexation Ordinance# 2004-02 and Rezoning Ordinance # 2004-03 for the Lake Tracey LLC & MCO Industries parcels, adopt Annexation Ordinance # 2004-04 and Rezoning Ordinance # 2004-05 for the Annie D. Gilliam Trust, and approve the Annexation Agreement regarding the Lake Tracey LLC& MCO Industries parcels? BACKGROUND: General Location: Three parcels located on the southeast corner of the McCormick Road and Ingram Road intersection. Parcel Identification Numbers: 32-21-28-0000-00-006 (Lake Tracey LLC/Ingram Estates) & 31- 21-28-0000-00-024 (Annie D. Gilliam Trust) &32-21-28-0000-00-011 (MCO Industries). Property Size: 28.67 +/-, 4.77 +/-&4.77 +/- acres, respectively. Actual land use and unique features of the subiect property: • Lake Tracy LLC/Ingram Estates Parcel: The property is pastureland with no unique features. • Gilliam Trust Parcel: The property has two-story residential structures, a greenhouse and a barn. It operates as an agricultural business. There are no unique features on the property. City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us Ingram Estates AR-03-12-13 Page 2 of 5 • MCO Industries Parcel: This property operates as an agricultural business with the associated agricultural buildings. There are no unique features on the property. The future land use & requested initial zoning classification of the subject property: • Lake Tracey LLC/Ingram Estates Parcel: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density Residential Ocoee/Low Density Residential Use Classification Jurisdiction/Zoning Orange County/A-1 (Agriculture) Ocoee/R-1-AA(Single Family Classification Residential) • Gilliam Trust Parcel: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density Residential Ocoee/Low Density Residential Use Classification Jurisdiction/Zoning Orange County/A-1 (Agriculture) Ocoee/A-1 (General Agricultural) Classification • MCO Industries Parcel: CURRENT PROPOSED Jurisdiction/Future Land Orange County/Low Density Residential Ocoee/Low Density Residential Use Classification Jurisdiction/Zoning Orange County/A-1 (Agriculture) Ocoee/R-1-AA(Single Family Classification Residential) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE CURRENT ZONING LAND USE North Public Facilities& Orange County/Citrus Rural Institutional East Low Density Residential Orange County/Citrus Rural South Low Density Residential Ocoee/R-1-AA: Single Family Residential West Low Density Residential Ocoee/R-1-A: Single Family Residential All three properties are designated "Low Density Residential" on the Joint Planning Area (JPA) Land Use Map. The applicant has requested an Ocoee initial zoning classification of R-1-AA: Single Family Residential for the Lake Tracy LLC/Ingram Estates and MCO Industries properties and A-1: General Agricultural for the Gilliam Trust property. The applicant is proposing a single-family residential subdivision on the Lake Tracy LLC and the MCO Industries properties with the Gilliam Trust property continuing as an agricultural business for the near future. These requested Ocoee initial zonings are consistent with the JPA Land Use Map and the Ocoee Future Land Use Map. • ' Ingram Estates AR-03-12-13 Page 3 of 5 CONSISTENCY WITH STATE AND LOCAL REGULATIONS: 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 requested annexation is not an enclave and such annexation would not result in an enclave being created. The properties are contiguous with Ocoee lands previously annexed to the west. Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA)and is being considered for annexation as outlined in the JPA Agreement. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 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...." DISCUSSION: The subject properties have a land use designations of "Low Density Residential" on the Joint Planning Area Land Use Map and are consistent with the adjacent properties on the east, south, and west that are also designated "Low Density Residential". The applicant has petitioned the City to grant an initial zoning designation to the Lake Tracy LLC and MCO Industries properties as R-1-AA: Single Family Residential and for the Gilliam property as A-1: General Agricultural. These requested zoning designations are consistent with the City's Future Land Use designation and are compatible with the development character of the surrounding properties. Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed uses and size of the parcel, Staff determined that the urban services could be adequately provided to the subject property with water and sanitary sewer provided by Orange County. Should the property owners choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided as evidenced by the Annexation Feasibility & Public Facilities Analysis Report, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use Classification and initial zoning is consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. Annexation Agreement: The City will require an annexation agreement with the Applicant to address the following issues: • McCormick Road Right of Way: The dedication of an additional 10 feet south of the current right of way for the purpose of drainage & utilities and turn lane improvements; Ingram Estates AR-03-12-13 Page 4 of 5 • Subdivision Ingram Road Entrance Alignment: The entrance/exit on Ingram Road shall be aligned with the entrance/exit of the McCormick Woods subdivision; • Ingram Road Entrance: The entrance may require left turn lanes that will require additional right of way dedication; • Other Ingram Road Improvements: This roadway will require upgrading to City development standards contained in the Land Development Code. Coordination with McCormick Woods subdivision on these upgrades will be necessary; and • Cross-access to subdivisions to the East: The Ingram Estates subdivision plan should include at least one roadway "stub-our on the interior roads to connect with any future subdivision to the east. This connection will allow Ingram Estates access to the future extension of Clark Road to the east. DRC RECOMMENDATION: On February 25, 2004, the Development Review Committee met to consider the annexation of the Lake Tracey/Ingram Estates, the MCO Industries, and the Annie D. Gilliam Trust properties. The DRC recommended approval of the annexation of these three parcels subject to the execution of an Annexation Agreement as generally outlined above. PLANNING &ZONING COMMISSION RECOMMENDATION: At their March 9, 2004 meeting, the Planning &Zoning (P&Z)Commission reviewed the annexation and initial zoning, for the three subject properties. Ms. Annie D. Gilliam indicated that her property was actively used for agriculture purposes and that her property also had horses. She was in favor of the annexation and the rezoning of her property to A-1, General Agriculture in order to continue the current use. Mr. Robert Gomican (950 West McCormick Road)started to speak concerning site plan issues, but when he was informed that he would have an opportunity to speak on those issues at another public hearing, he yielded his time. The Planning &Zoning Commission then recommended to the Mayor and City Commissioners the approval of the annexation and initial zoning of the three subject properties according to the DRC and Staff recommendation. STAFF RECOMMENDATION: Based on the recommendation of the Development Review Committee and Planning & Zoning Commission, Staff recommends that the Mayor&City Commissioners: 1. Adopt Annexation Ordinance # 2004-02 for Lake Tracey LLC and MCO Industries and Annexation Ordinance#2004-04 for the Annie D. Gilliam Trust; and 2. Adopt Rezoning Ordinance # 2004-03 for Lake Tracey LLC and MCO Industries establishing the initial zoning of R-1AA, Single Family Residential; and 3. Adopt Rezoning Ordinance # 2004-05 for the Annie D. Gilliam Trust establishing the initial zoning of A-1, General Agriculture; and 4. Approve the Annexation Agreement between the City and Ingram Estates relating to the Lake Tracey LLC&the MCO Industries parcels. • Ingram Estates AR-03-12-13 Page 5of5 Attachments: Location Map Future Land Use Map Zoning Map Annexation Feasibility& Public Facilities Analysis Report— Lake Tracy LLC Annexation Feasibility& Public Facilities Analysis Report-- MCO Industries Annexation Feasibility& Public Facilities Analysis Report--Annie D. Gilliam Trust Ordinance 2004-02: Lake Tracey LLC& MCO Industries Annexation Ordinance 2004-03: Lake Tracey LLC& MCO Industries Initial Zoning/Rezoning Ordinance 2004-04: Annie Gilliam Trust Annexation Ordinance 2004-05: Annie Gilliam Trust Initial Zoning/Rezoning Annexation Agreement O:\Staff Reports\2004\SR04019 CC.doc Ingram Estates Location Map McCormick Road Lake Tracy LLC co 0 DC E C) MCO Industries Gilliam Trust Ingram Estates Surrounding Future Land Use Map illumell illummullummuluellumilummullm IIIIIImmullumalummissm , ... ......... cotter of Good z MMOOMMIIMMI IMMINIMMEMSMOMMOMMOMMOMMIMMOMMIOMMMEMEMMEMMIMMOMMOMME MOMMINIMOMEMMEMINIMMOMEMMMOMMOMMM . 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Hagen PROJECT NAME: INGRAM ESTATES This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. I.PLANNING DEPARTMENT Terry James,AICP A. Applicant/Owner 1. Owner (if different from Applicant): _ Lake Tracy LLC. B. Property Location 1. General Location: Southeast corner of Ingram & McCormick Rds. 2. Parcel Identification Number: 32-21-28-0000-00-006 3. Street Address: 1210 West McCormick Road 4. Size of Parcel: 28.69 +/- acres C. Use Characteristics 1. Existing Use: Agriculture 2. Proposed Use: Low density residential 3. Density/ Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Agricultural 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: R-1-AA: Single Family Dwelling E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes IL FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-5 minute response time. (Fire Station 4) 2. Distance to Property: 3.1 miles 3. Fire Flow Requirements: 500 gpm fire flow required III. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone/Grid /Area: 119 2. Estimated Response Time: 5 minutes 3. Distance to Property: 4 miles 4. Average Travel Time 9 minutes Page 1 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 IV, ECONOMIC VALUE Terry James,AICP 1. Property Appraiser Taxable Value: $ 7,379 2. Property Appraiser Just Value $430,650 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. I V. [WILDING_DEPARTMENT Terry James,AICP 1. Within the 100-year Flood Plain: No I VI. UTILITIES Richard Lee,P.E.; A. Potable Water 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Force Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: n/a 2. Private Lift Station Needed: n/a 3. Well Protection Area Needed: n/a VII. TRANSPORTATION Terry James,AICP 1. Paved Access: No 2. ROW Dedication: According to the Transportation Master Plan &the Ocoee Comprehensive Plan, McCormick Road will remain a two-lane facility; however, a 10-foot ROW dedication on the south side of the existing McCormick Road ROW will be required for drainage. 3. Traffic Study: Yes 4. Traffic Zone: 536 Page 2 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 VIM-PRELIMINARY CONCURRENCY EVALUATION - Terry James,AICP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks/ Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a C. Water/Sewer: The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments None, other than those above. X CONSISTENCY WITH STATE REGULATIONS: Terry James,AICP Yes O:\DEVELOPMENT REVIEW\Projects 2004\Ingram Estates\Annex Feasibility_Ingram Estates Annex_Feasibility_Lake Tracy LLC2.doc Page 3 of 3 CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-03-12-13 APPLICANT NAME: Lake Tracy LLC/D. Hagen PROJECT NAME: INGRAM ESTATES This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. PLANNING DEPARTMENT Terry James,,AICP A. Applicant/Owner 1. Owner (if different from Applicant): MCO Industries B. Property Location 1. General Location: Southeast corner of Ingram & McCormick Rds. 2. Parcel Identification Number: 32-21-28-0000-00-011 3. Street Address: 3905 Ingram Road 4. Size of Parcel: 5 +/- acres C. Use Characteristics 1. Existing Use: Agriculture 2. Proposed Use: Low density residential 3. Density/ Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Agricultural 3. Existing Ocoee Future Land Use: n/a-parcel to be annexed. 4. Proposed Ocoee Zoning: R-1-AA: Single Family Dwelling E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes IL FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-5 minute response time. (Fire Station 4) 2. Distance to Property: 3.1 miles 3. Fire Flow Requirements: 500 gpm fire flow required III. POLICE DEPARTMENT Chief Steve Goe(on 1. Police Patrol Zone/ Grid /Area: 119 2. Estimated Response Time: 5 minutes 3. Distance to Property: 4 miles 4. Average Travel Time 9 minutes Page 1 of 3 • Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 IV ECONOMIC VALUE , . . . Terryam C 1. Property Appraiser Taxable Value: $ 276,247 2. Property Appraiser Just Value $ 329,969 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. I V. .BUILDING DEPARTMENT : Terry James,AICP 1. Within the 100-year Flood Plain: No I:Vi. UT L1TIEs Richard Lee,PRE;: i A. Potable Water 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Force Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: n/a 2. Private Lift Station Needed: n/a 3. Well Protection Area Needed: n/a VII. TRANSPORTATION: Terry James,AICP 1. Paved Access: No 2. ROW Dedication: Ingram Rd. is to remain 2-lanes according to the Master Transportation Plan &the current Comprehensive Plan; however, ROW dedication for left turn lanes on Ingram will be needed for the western entrance to the development. In addition, the entrance from Ingram should be aligned with the entrance roadway to McCormick Woods to the west. 3. Traffic Study: Yes 4. Traffic Zone: 536 Page 2 of 3 • Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 VIII.:PRELIMINARY CONCURRENCY.EVALUATION . :° Terry James, MCP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks/ Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a C. Water/Sewer: The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments None, other than those above. I X. CONSISTENCY WITH STATE REGULATIONS: Terry James,AIOP.. Yes O:\DEVELOPMENT REVIEW\Projects 2004\Ingram Estates\Annex Feasibility_Ingram Estates Annex_Feasibility_MCO Ind2.doc Page 3 of 3 CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-03-12-13 APPLICANT NAME: Lake Tracy LLC/D. Hagen PROJECT NAME: INGRAM ESTATES This form is used to evaluate annexation requests to determine the feasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. I.'PLANNING DEPARTMENT Terry James,AICP A. Applicant/Owner 1. Owner(if different from Applicant): Annie D. Gilliam Trust B. Property Location 1. General Location: Southeast corner of Ingram & McCormick Rds. 2. Parcel Identification Number: 32-21-28-0000-00-024 3. Street Address: 3917 Ingram Road 4. Size of Parcel: 4.77 acres +/- C. Use Characteristics 1. Existing Use: Agriculture 2. Proposed Use: _ Agriculture 3. Density/ Intensity: n/a 4. Projected Population: n/a D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: Agricultural 3. Existing Ocoee Future Land Use: Same as D. 1., above 4. Proposed Ocoee Zoning: A-1: General Agriculture E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II., FIREDEPARTMENT Chief Ron Strosnider. 1. Estimated Response Time: 3-5 minutes response time. (Fire Station 4) 2. Distance to Property: 2.7 miles 3. Fire Flow Requirements: 500 gpm fire flow required IIL POLICE DEPARTMENT Chief Steve Godon 1. Police Patrol Zone/ Grid /Area: 119 2. Estimated Response Time: 5 minutes 3. Distance to Property: 4 miles 4. Average Travel Time 9 minutes Page 1 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 IV. ECONOMIC.VALUE Terry Jaynes;AICD. 1. Property Appraiser Taxable Value: $ 94,347 2. Property Appraiser Just Value $ 186,699 3. Estimated City Ad Valorem Taxes: Unknown at this time. 4. Anticipated Licenses & Permits: Unknown at this time. 5. Potential Impact Fees: To be determined upon development. 6. Total Project Revenues: Unknown at this time. I V, • BUILDING DEPARTMENT 'Tent'James,AICP 1. Within the 100-year Flood Plain: No I.VII, UTILITIES., : Richard Lee; RE.°: A. Potable Water 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary; Orange County will provide potable water services per application. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: The parcel is not located within the City of Ocoee Utility Service Boundary; Orange County will provide sanitary sewer services per application. 2. City Capable of Serving Area: No 3. Extension Needed: n/a 4. Location and Size of n/a Nearest Force Main: 5. Annexation Agreement Needed: n/a C. Other 1. Utility Easement Needed: n/a 2. Private Lift Station Needed: n/a 3. Well Protection Area Needed: n/a VII. TRANSPORTATION Terry James,AICP 1. Paved Access: No 2. ROW Dedication: Ingram Rd. is to remain 2-lanes according to the Master Transportation Plan &the current Comprehensive Plan; however, ROW dedication for left turn lanes on Ingram will be needed for the western entrance to the development. In addition, the entrance from Ingram should be aligned with the Page 2 of 3 Applicant Name:Lake Tracy LLC Project Name:Ingram Estates Case#:AX-03-12-13 entrance roadway to McCormick Woods to the west. 3. Traffic Study: Yes 4. Traffic Zone: 536 VIII. PRELIMINARY`CONCURRENCY EVALUATION '. Terry James,AICD At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. At the time of this analysis, sufficient parks & recreation capacity existed to B. Parks/ Recreation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a C. Water/Sewer: The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: IX. SITE SPECIFIC:ISSUES All Departments None, other than those above. X. CONSISTENCY WITH STATE REGULATIONS: Terry James,AICP Yes O:\DEVELOPMENT REVIEW\Projects 2004\Ingram Estates\Annex Feasibility_Ingram Estates Annex Feasibility_Gilliam2.doc Page 3 of 3 ORDINANCE NO. 2004-02 TAX PARCEL ID #s 32-21-28-0000-00-006 (Lake Tracy LLC) 32-21-28-0000-00-011 (MCO Industries Inc.) CASE NO. AR-03-12-13: INGRAM ESTATES ANNEXATION (Lake Tracy LLC and MCO Industries Inc.) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 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 - 1 - 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 fmds 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 fmds 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. 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. - 2 - 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. - 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 , 2004. 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 - 4 - EXHIBIT "A" Legal Description MCO INDUSTRIES PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00°43'05" EAST, 331.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°56'02" WEST, 628.92 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°52'54" EAST, ALONG SAID LINE 629.15 FEET; THENCE SOUTH 00°43'05" WEST, 331.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. LAKE TRACY PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00°43'05" EAST, 662.32 FEET; THENCE NORTH 89°52'54" WEST, 629.15 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 631.95 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MCCORMICK ROAD; THENCE SOUTH 89°49'53" EAST, ALONG SAID LINE, 1160.31 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 5759.58, A DELTA OF 1°16'57", AN ARCH DISTANCE OF 128.93 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 00°45'35" WEST, ALONG SAID LINE 1293.75 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 28.69 ACRES. - 5 - EXHIBIT "B" Map of Annexed Area Ingram Estates Location Map McCormick Road Lake Tracy LLC co 0 IX E MCO co sal Industries c Gilliam Trust l 0 - 6 - ORDINANCE NO. 2004-04 TAX PARCEL ID # 32-21-28-0000-00-024 CASE NO. AR-03-12-13: INGRAM ESTATES PROPERTY ANNEXATION (Gilliam Trust) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.79 ACRES LOCATED SOUTH OF THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM 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, hav 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 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 006.326985.1 -1- 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. 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. -2- 006.326985.1 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. -3- 006.326985.1 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 , 2004. 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 -4- 006.326985.1 EXHIBIT "A" Legal Description A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'42" WEST, ALONG SAID LINE, 628.68 FEET TO THE POINT EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF, OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°56'02" EAST, ALONG SAID LINE, 628.92 FEET; THENCE SOUTH 00°43'05" WEST, 331.43 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. -5- 006.326985.1 • EXHIBIT "B" Ingram Estates Location Map McCormick Road Lake Tracy LLC co 0 MCO Industries c Gilliam Trust -6- 006.326985.1 ORDINANCE NO. 2004-05 TAX PARCEL ID # 32-21-28-0000-00-024 CASE NO. AR-03-12-13: INGRAM ESTATES REZONING (Gilliam Trust) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO OCOEE A-1, "GENERAL AGRICULTURE" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 4.79 ACRES LOCATED SOUTH OF THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM ROAD INSTERSECTION 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 ECTIVE 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 4.79 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1, "Citrus Rural District", to Ocoee A-1, "General Agriculture;" 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 No. 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 March 9, 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 006.326984.1 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 April 6, 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 4.79 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Citrus Rural District," to Ocoee A-1, "General Agriculture." 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 fords 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. 2 006.326984.1 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 3 006.326984.1 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 4 006.326984.1 EXHIBIT "A" Legal Description A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°57'42" WEST, ALONG SAID LINE, 628.68 FEET TO THE POINT EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00°40'35" EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF, OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°56'02" EAST, ALONG SAID LINE, 628.92 FEET; THENCE SOUTH 00°43'05" WEST, 331.43 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. 5 006.326984.1 EXHIBIT "B" Area of Rezoning Ingram Estates Location Map McCormick Road Lake Tracy LLC 0 MCC) E Industries Gilliam Trust 6 006.326984.1 ORDINANCE NO. 2004-03 TAX PARCEL ID #s 32-21-28-0000-00-006 (Lake Tracy LLC) 32-21-28-0000-00-011 (MCO Industries Inc.) CASE NO. AR-03-12-13: INGRAM ESTATES REZONING (Lake Tracy LLC and MCO Industries Inc.) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO OCOEE R-1-AA, "SINGLE FAMILY DWELLING DISTRICT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 33.48 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE MCCORMICK ROAD AND INGRAM 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 33.48 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1, "Citrus Rural District", to Ocoee R-1-AA, "Single Family Dwelling District;" 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 No. 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 March 9, 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 006.325696.1 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 Applicant, and that the Ocoee City Commission fmd that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on April 6, 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 33.48 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1, "Citrus Rural District," To Ocoee R-1-AA, "Single Family Dwelling District." 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 fmds 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. 2 006.325696.1 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. 3 006.325696.1 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 4 006.325696.1 EXHIBIT "A" Legal Descriptions MCO INDUSTRIES PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42"" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00043,051, EAST, 331.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89056,02" WEST, 628.92 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 00040,35,, EAST, ALONG SAID LINE, 331.73 FEET, TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32; THENCE SOUTH 89°52,54,, EAST, ALONG SAID LINE 629.15 FEET; THENCE SOUTH 00043'05,, WEST, 331.16 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 4.79 ACRES. LAKE TRACY PROPERTY A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 28 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 89°57'42,, WEST, ALONG THE SOUTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 32, A DISTANCE OF 658.68 FEET; THENCE NORTH 00043'05" EAST, 662.32 FEET; THENCE NORTH 89°52,54,, WEST, 629.15 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INGRAM ROAD; THENCE NORTH 000401351, EAST, ALONG SAID LINE, 631.95 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY OF MCCORMICK ROAD; THENCE SOUTH 89049,53" EAST, ALONG SAID LINE, 1160.31 FEET; THENCE EASTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTH, HAVING A RADIUS OF 5759.58, A DELTA OF 1°16,57,', AN ARCH DISTANCE OF 128.93 FEET, TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 00°45,35,, WEST, ALONG SAID LINE 1293.75 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN ORANGE COUNTY, FLORIDA, CONTAINING 28.69 ACRES. 5 006.325696.1 EXHIBIT "B" Area of Rezoning Ingram Estates Location Map McCormick Road Lake Tracy LLC co 0 o: MCD IIndustries Gilliam Trust 6 006.325696.1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A. Storey,Esq. FOLEY&LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 Case No.: AX-03-12-13:Ingram Estates For Recording Purposes Only Tax I.D.#: 32-21-28-0000-00-006 32-21-28-0000-00-011 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (this "Agreement") is made this day of , 2004 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 LAKE TRACY ESTATES, LLC, a Florida limited liability company, whose mailing address is 636 North Rio Grande Avenue, Orlando, Florida 32805 and MCO INDUSTRIES, INC., a Puerto Rico corporation, whose mailing address is P.O. Box 990, Apopka, Florida 32704 (hereinafter collectively referred to as the "Owner"). 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 006.326427.1 DRAFT 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 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. 2004-02 for Case No. AX-03-12-13, thereby redefining the corporate territorial limits of the City to include the Property. SECTION 3. CONVEYANCE OF MCCORMICK ROAD RIGHT-OF-WAY. Within ninety(90)days of a request for the same by the City but in no event later than the time of platting or final site plan approval the Owner shall convey to the City a ten(10) foot-wide strip of the Property lying adjacent and contiguous to, and along the Property's frontage on the existing right-of-way for McCormick Road with a length sufficient to allow for adequate storage or stacking of vehicles as determined by the City of Ocoee (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 DRAFT 006.326427.1 2 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-Way Property until such time as improvements are made to McCormick Road within the Right-of-Way Property. SECTION 4. IMPROVEMENTS TO MCCORMICK ROAD. In the event a westbound left turn lane on McCormick Road to Ingram Road (the "McCormick Road Turn Lane") has not been constructed prior to the development of the Property, then the Owner, in connection with the development of the Property, shall construct, or cause to be constructed, the McCormick Road Turn Lane. The McCormick Road Turn Lane shall be of sufficient length to allow for adequate storage or stacking of vehicles in the proposed southbound left turn lane. SECTION 5. ENTRANCE ALIGNMENT. At the time of development of the Property, the Owner shall align the entrance to the Property off of Ingram Road with the entrance to the McCormick Woods subdivision located to the west of the Property, across the existing Ingram Road,creating a full intersection between the properties. SECTION 6. IMPROVEMENTS TO INGRAM ROAD. In the event the city determines a the time of development of the Property that a southbound left turn lane is required for the entrance to the Property from Ingram Road (the "Ingram Road Turn Lane"), the Owner shall construct the Ingram Road Turn Lane at the time of development of the Property and shall subsequently convey to the City, as right-of-way, the land which comprises the Ingram Road Turn Lane which shall be at least a ten (10) foot wide strip of the Property lying adjacent and contiguous to, and along the Property's frontage on the existing right-of-way for Ingram Road (the "Turn Land Property"). The Ingram Road Turn Lane and the Turn Lane Property will be of sufficient length to allow for adequate storage or stacking of vehicles in the proposed southbound left turn lane. SECTION 7. APPLICABLE STANDARDS TO INGRAM ROAD. In the event Ingram Road has not been improved as a two (2) lane road consistent with the standards of the City of Ocoee and the Florida Department of Transportation prior to the time of development of the Property, the Owner shall improve, or cause to be improved, Ingram Road from McCormick Road to the proposed entrance to the Property to meet such standards. SECTION 8. CONVEYANCE OF INGRAM ROAD RIGHT OF WAY. In the event the city determines at the time of development of the Property that the Ingram Road Turn Lane is required for the entrance to the Property from Ingram Road,the Turn Land Property shall be conveyed to 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 Turn Lane 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 Turn Land Property is free and clear of all liens and encumbrances except for those mattes acceptable to the City. The costs and DRAFT 006.326427.1 3 expenses related to the conveyance of the Turn Land Property, including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Turn Lane 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 Turn Lane Property to the City. Notwithstanding the subsequent conveyance of the Turn Lane Property to the City, the Owner shall be solely responsible for maintaining the Turn Lane Property until such time as improvements are made to Ingram Road within the Turn Lane Property SECTION 9. ROADWAY CONNECTION. The Property shall be developed in such a way so that the local roadway connection through the Property provides future access to the land adjacent to the eastern boundary of the Property. SECTION 10. 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: Lake Tracy Estates, LLC 636 North Rio Grande Avenue Orlando, Florida 32805 City: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 11. 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 12. 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 13. 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. DRAFT 006.326427.1 4 SECTION 14. 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 15. 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 16. 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, 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 17. 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 18. 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 19. 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. DRAFT 006.326427.1 5 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 , 2004. FOLEY& LARDNER LLP APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , UNDER By: AGENDA ITEM NO. City Attorney DRAFT 6 006.326427.1 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 , 2004. 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): DRAFT 7 006.326427.1 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed this day of , 2004. "OWNER" Signed, sealed and delivered in the presence of: MCO INDUSTRIES,INC., a Puerto Rico corporation By: Signature Name: Title: Print/Type Name 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 MCO INDUSTRIES, INC., a Puerto Rico corporation, 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 , 2004. 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): DRAFT 006.326427.1 8 "OWNER" Signed, sealed and delivered in the presence of: LAKE TRACY ESTATES, a Florida limited liability company By: Signature Name: Title: Print/Type Name 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 LAKE TRACY ESTATES, a Florida limited liability company, 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 , 2004. 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): DRAFT 006.326427.1 9 Exhibit A Ingram Estates Location Map McCormick Road Lake Tracy LLC 0 cc moo a� Industries c