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HomeMy WebLinkAboutItem #07 Oak Level Heights Property - Annexation & Rezoning Ordinance Contact Name: Contact Number: Michael Rumer~< 407-905-3100 x 1018 AGENDA ITEM STAFF REPORT Meeting Date: August 7, 2007 Item # 1 Reviewed By: ~~~ Department Director: __ _ _ ,. ~. City Manager: _ _ -=== c=_ Subject: Oak Level Heights Property Annexation and Rezoning Ordinances Project # AX-04-07 -06 I RZ-07 -04-07 Commission District 1 - Gary Hood Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 0.58 +/- acre parcel of land known as Oak Level Heights Property? Background Summary: Parcel Identification Number: 05-22-28-6052-02-030, 05-22-28-6052-02-040, & 05-22-28-6052-02-050 General Location: South side of Clarcona Ocoee Road, at the southwest corner of the intersection of Clarcona Ocoee Road and Angola Street. Request The :t .60 acre subject parcel consists of lots 3, 4, & 5 of Block B, Oak Level Heights, platted in 1925. Lots 3, 4, & 5 were platted at 55 feet wide by :t155 feet in depth for an average of 8,525 square feet. Lots 3, 4, and 5 are vacant. Lot 4 contained a single-family residential dwelling built in 1944 which has been demolished within the past year. The lots are currently zoned A-1 (Agriculture) in Orange County. On March 1, 2007, the Orange County Board of Adjustment approved variances on lots 3 and 5 to construct single-family residences on the substandard lots. The variance approvals permitted a lot width of 55 feet in lieu of 100 feet and lot sizes of 8,525 feet in lieu of 21 ,780 square feet. The applicant intended to obtain potable water from wells and use septic systems for sewer, but would require a variance from the State Department of Health because of separation requirements of 75 feet in between well and septic systems. By annexing into the City of Ocoee, the applicant can connect to the City's water service which would exclude the septic systems from meeting the 75 foot separation requirement. The application to annex lots 3, 4, & 5 originally included the request to annexation lots 1 & 2 as well. A convenience store is located on lots 1 &2 that uses well and septic for water and sewer. The convenience store's existing well would not meet the required 75 foot separation distance from any septic system on lot 3. The applicant and owner of the convenience store property worked out a deal that the applicant would pay for the annexation, water meter and hook-up charges if the convenience store lot owner would agree to annex into the City of Ocoee. The convenience store would then abandon the well making the separation from any new proposed septic tank not an issue. Staff and the DRC committee had a challenging time deciding how to incorporate the convenience store into the City of Ocoee with regards to annexation. The store is currently considered legally non-conforming in Orange County because it is operating as a commercial business in an agricultural zoning district. The future land use designation of low density residential does not permit a commercial zoning within the City of Ocoee. Thus, a land use amendment would be required in order to properly zone it commercial. Also, the site lacks adequate space for parking and safe access for entering and exiting the facility. The DRC committee did not like the idea of annexing a non-conforming use; so the committee referenced Section II B. (4) of the City of Ocoee Sewer and Water Service Policy which states: "If the DRC is not interested in pursuing annexation of the land, then the landowner may at its option, either (a) withdraw the petition for annexation in which case no further action or proceeding will be required to obtain sewer and water service from the City, or proceed with the annexation." The DRC approved the annexation of lots 3, 4, & 5 with the condition that the convenience store lots not annex, but be allowed to connect to water service. The convenience store property owner agreed to withdraw the application for annexation and would like to connect to the City's water service (see letter attached). The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land use Zoning Classification Existina Land Use North Recreation and Open Space A-1 "General AQriculture" Forest Lake Golf Course East Low Density Residential A-1 "General Agriculture" Convenience Store South Low Density Residential A-1 "General Agriculture" Single-Family Dwelling West Low Density Residential A-1 "General Agriculture" Single-Family Dwelling Property Size: Approximately 0.58 Acres. CONSISTENCY WITH STATE & 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 subject property is considered contiguous to the City of Ocoee since the parcel across Clarcona Ocoee Road to the north (Forest Lake Golf Course) is located within the Ocoee City limits. The applicant will be required to enter into an Annexation Agreement with the City that recognizes and incorporates previously approved variances from Orange County with respect to minimum lot width. As mentioned above, the subject lots will exceed the City of Ocoee's requirements for lot size. All other development of the property must be in accordance with the standards applicable to areas within the R-1 zoning district. Joint Plannina Area Aareement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the properties to R-1 (Single-Family Dwelling). 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. Rezonina: The applicant has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling). According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential". The R-1 zoning designation permits a lot size of 7,000 sq. ft. with a minimum width of 70 feet. The lots proposed for annexation exceed the lot size requirement but do not meet the minimum width of 70 feet. Annexation of the property will be subject to approval of an annexation agreement waiving the lot width requirement in order for the lots to be built upon without variances. The applicant is proposing to meet the front, side, and rear setback requirements of the district. The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. 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 Aareement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that urban services, specifically water service could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial zoning classifications are 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. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On June 4, 2007, 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 discussions, the DRC recommended approval of the annexation and rezoning of the Oak Level Heights parcels as presented. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Rezoning of the Oak Level Heights Property was reviewed at a Public Hearing by the Planning and Zoning Commission on June 12, 2007. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 0.58 acres parcel of land known as the "Oak Level Heights". STAFF RECOMMENDATION: Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.58 +/- acres of land acres of land known as the Oak Level Heights property, subject to an Annexation Agreement including a provision that would waive the lot width requirements of Section 5-10 (B) of the Land Development Code and also adopt the ordinance to rezone the property to rezoning to "R-1" Single-Family Dwelling,. Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Aerial Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Annexation Agreement Financial Impact: Increase tax base due to annexation. Type of Item: ~ Public Hearing Ordinance First Reading ~ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's OeD! Use: Consent Agenda Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by N/A N/A N/A Oak Level Heights Annexation and Rezoning Location Map ~1 ,",,_a . U, ,,,r '....L.: -.. to. L I- If lY CI) -. a---....IA __--- ~q ITIJrl ~ vLJ-\~vUI\lJ-\ UvUt:L I--- I iJ L ~A I 2ND ((~ I\-rL @ \ '.:2\ f-- \ " \. r--\ \-------- ~ \ \ \~' '\ ~ I- ~ I I \ I~\ t- w 3R o::r- 11\ a.. ~cl L (;/\1 \ ~ 0:: -c;;;c "l: ~ <( I Il- I lOr- <(~ 0 cO S ~ I L .... ~ ......J HI ~ tJ .. 4T IQ "'-J ~ c:::2 f-- I~ II 1 I--- I------ r~1 I----- ~\ 5- /I I~I , ~If) ~ I I - 6 ~H II ( - I I - Q I------ I------ / I ~ ~ h I Oak Level Heights Annexation & Rezoning Current Future Land Use Q r'enter of Good , , ...~e~ . "'~ ~.OEE ~ Ocoee Community Development Department 1 inch equals 495.146676 feet 17085 0 170 340 510 Feet Printed: month year C Subject Property r _-:J Low Density Residential .. Medium Density Residential .. High Density Residential .. Professional Offices and Services ... Commercial _ Light Industrial .. Heavy Industrial _ Conservation/Floodplains .. Recreation and Open Space _ Public Facilities/Institutional V 7 4 ,F v " "- . [! RE.C -.'l.' -}-- . ...~~.. ;;,. ~ .lit -.. " . vI:Rf\\JUI\lf\ I II -II-'F ...- L I b3 I~Y I "J:l!d ~ [[]I[] r1 (/ 17 /]- I T T ~Rph^A A -.r ( .~ ~c-( ~ \'~ I r--iL, \ \.-\ - \ \"-:=?\ - ~ ~f<~TT T T = I ( ~IA \) \~.\ J:= 0::: ~ -= ~ '------L../ ./~ t3 nJIIIJJ ~ ~ V []]ill[E] <( ~ S \" I ~ Lt,\W !/ ~ II I:;: ~ EIffiHttB ~ <( I 5~~1 /1 ~~\ I I I ~~ J~~ ~(t)11 Ii 2ND ----.-::;r ~ ----.. v - II - \ \ \ \ I I ~ Oak Level heights Annexation & Rezoning Surrounding Zoning Map ~~ VI~ R-1A ~ 'i~~ 1/ 1/ / / , >>:~ ill~~~/~ r"<"". A" S rv'/ 0~/t(~ A/;/v 4 CL ~7./)O1 A.p'"y / // / /77/'/~' / //vr~ ~ ~~ /v / / v /~~v~'i' /: l I I /~~~/vv~/vV/~ e- r-~ ((lA C / / / / / / / / 7 e-- \ '~ '/r/V/vVI/V / / m ~ \ \ \~\ ~ ~ j,'/~{~~~~A ~ICAR~ \EL ~ 0::: / / / 7;1i:: ~ :J ~ '~ <3 ~V//}V /~v A {~~ ~ ~ / ~~ 6W~~ v1/Vj1/v ~ S I ~ Lt, ~I / /' ~~/~j,<t/~~I; ~ EffiEEEEEB::: /A/~///~/$~~ /1 I rl\\ / / I rTI I I I A-1 Ocoee Community Development Department 1 inch equals 461,914250 feet 160 80 0 160 320 480 Feet .. Printed: month year C Subject Property ~ Unincorporated Territory (LL.J and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) _ ... Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) /' // Unclassified e CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-04-07 -06/ RZ-07 -04-07 ApPLICANT NAME: EXCLUSIVE HOMES PROJECT NAME: OAK LEVEL HEIGHTS ANNEXATION This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Michael Rumer I A. Applicant/Owner 1. Owner (if different from Applicant): Exclusive Homes, Inc. (Lots 3&5) 1137 E. Plant Street Winter Garden, FL 34787 407-877-7722 ext. 208 Douglas Laman (Lot 4) 1137 E. Plant Steet Winter Garden, FL 34787 407 -877 -7722 ext. 208 B. Property Location 1. General Location: South side of Clarcona Ocoee Road, at the southwest corner of the intersection of Clarcona Ocoee Road and AnQola Street. 2. Parcel Identification Numbers: All parcels are contiguous: 05-22-28-6052-02-030 05-22-28-6052-02-050 05-22-28-6052-02-040 3. Street Addresses: 10618 Clarcona Ocoee Road Unnassigned Clarcona Ocoee Road Unnassianed Clarcona Ocoee Road 4. Size of Parcels: +/- 0.6acres C. All three parcels are vacant. Single-Family Dwelling 4 Dwelling Units/Acre 9 D. Low Density Residential A-1 "Citrus Rural" Low Density Residential R-1 E. Yes Yes Page 1 of 3 Applicant Name: Exclusive Homes Project Name: Oak Level Heights Annexation and Rezoning Case #: Ax-04-07-06/ RZ-07-04-07 III. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 3-5 Minutes 2. Distance to Property: Distance from Station 2 (Clarke Rd & A.D. Mims) is 3.0 miles 3. Fire Flow Requirements: Fire flow is 750 gpm 111I. POLICE DEPARTMENT Chief Ron Reffett 1. Police Patrol Zone I Grid I Area: Zone 2 / Grid 71 2. Estimated Response Time: 4 minutes for emergencies. 3. Distance to Property: Approx. 2 Miles 4. Averaae Travel Time 10 minutes normal drive time. I IV. ECONOMIC VALUE Michael Rumer 1. Property Appraiser Taxable Value: $89,779 2. Property Appraiser Just Value $89,779 3. Estimated City Ad Valorem Taxes: $1,829 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: $31,660.28 6. Total Proiect Revenues: $33,489.28 + BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Michael Rumer No I VI. UTILITIES David Wheeler, P.E. t A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Servina Area: Yes 3. Extension Needed: No 4. Location and Size of 8" WM on Clarcona-Ocoee Road Nearest Water Main: I B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: No 3. Extension Needed: Yes 4. Location and Size of Located at Adair and Licaria Street Nearest Force Main: 5. Annexation Aareement Needed: Yes Page 2 of 3 Applicant Name: Exclusive Homes Project Name: Oak Level Heights Annexation and Rezoning Case #: Ax-04-07-06/ RZ-07-04-07 r C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: No 3. Well Protection Area Needed: Yes . VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: N/A 4. Traffic Analysis Zone: 563 I VIII. PRELIMINARY CONCURRENCY EV ALUA TION Michael Rumer At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks I Recreation: At this time, adequate water/sewer capacity exists; however, this condition C. Water I Sewer: may change and will be subject to a concurrency evaluation during the site plan approval process. Any extensions will be the responsibility of the applicant. N/A D. Stormwater: At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan approval process. Actual impact fees will be calculated during the site plan approval process. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I When developed, the property will be developed under the same requirements as other non-city owned properties. Ix. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I These properties are contiguous with the City Limits and reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance For Oak Level Heights Parcel) TAX PARCEL ID #s 05-22-28-6052-00-030; 05-22-28-6052-00-040; 05-22-28-6052-00-050 CASE NO. AX-04-07-06: Oak Level Heights Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONTAINING APPROXIMATELY 0.60 ACRES LOCATED SOUTH OF AND ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMATELY 150 FEET WEST OF ANGOLA STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING 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 FORAN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner(s) 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 ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation ofthe real property hereinafter described; and ORLA_ 492267.1 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 lP A 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 lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A 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. ORLA_ 492267.1 -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. PASSED AND ADOPTED this _ day of ,2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2007 ADVERTISED AND READ FIRST TIME ,2007. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney OR LA_ 492267.1 -3- EXHIBIT "A" LEGAL DESCRIPTION LOTS 3 THROUGH 5, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S.00045'07''E., FOR A DISTANCE OF 154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUN S.89051'10"W FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST CORNER OF LOT 5, BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN N.00045'00''W., FOR A DISTANCE OF 154.45 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N.90000'00''E., FOR A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25447 SQUARE FEET OR 0.5842 ACRES; MORE OR LESS. Q Exhibit "B" Oak Level Heights Location Map CLARCONA OCOEE <:( ORDINANCE NO. (Rezoning Ordinance for Oak Level Heights Parcel) TAX PARCEL ID #s 05-22-28-6052-00-030; 05-22-28-6052-00-040; 05-22-28-6052-00-050 CASE NO. RZ-07-04-07: Oak Level Heights Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE R-l, "SINGLE FAMILY DWELLING," ON CERT AIN REAL PROPERTY CONT AINING APPROXIMATELY 0.58 ACRES LOCATED SOUTH OF AND ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMA TEL Y 150 FEET WEST OF ANGOLA STREET PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; 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 0.58 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee R-l, "Single Family Dwelling;" 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 requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JP A Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately ORLA_ 492372.1 exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; 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 June 5, 2007 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 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 finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2007 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 0.60 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee R-l, "Single Family Dwelling." 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. 2 ORLA_ 492372.1 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. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2007 READ FIRST TIME ,2007. READ SECOND TIME AND ADOPTED ,2007. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2007. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_ 492372.1 EXHIBIT "A" LEGAL DESCRIPTION LOTS 3 THROUGH 5, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S.00045'07''E., FOR A DISTANCE OF 154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUN S.89051'10"W FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST CORNER OF LOT 5, BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN N.00045'00''W., FOR A DISTANCE OF 154.45 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N.90000'00''E., FOR A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25447 SQUARE FEET OR 0.5842 ACRES; MORE OR LESS. Q Exhibit "8" Oak level Heights location Map CLARCONA OCOEE <( THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: For Recording Purposes Only Beth Eikenberry, City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identification Number(s): 05-22-28-6052-02-030 05-22-28-6052-02-040 05-22-28-6052-02-050 ANNEXATION AGREEMENT (OAK LEVEL HEIGHTS - LOTS 3, 4 AND 5, BLOCK B) THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this _ day of , 2007, by and among the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City"), EXCLUSIVE HOMES, INC., a Florida corporation, whose mailing address is 1137 E. Plant Street, Winter Garden, Florida 34787 ("Exclusive"), and G. DOUGLAS LAMAN, whose mailing address is 1137 E. Plant Street, Winter Garden, Florida 34787 ("Laman") (Exclusive and Laman are referred to herein collectively as the "Owner"). W! TNE~~E T H: WHEREAS, Exclusive owns certain real property located in unincorporated Orange County, Florida having Orange County Tax Parcel Identification Numbers 05-22-28-6052-02- 030 and 05-22-28-6052-02-050 ( the "Exclusive Parcels"); and WHEREAS, Laman owns certain real property located in unincorporated Orange County, Florida having Orange County Tax Parcel Identification Numbers 05-22-28-6052-02- 040 (the "Laman Parcel"); and WHEREAS, the Exclusive Parcels and the Laman Parcel are hereinafter collectively referred to as the "Property", which is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof; and ORLA_573563.2 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 "JP A Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JP A Agreement; 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; and WHEREAS, the Property consists of three (3) platted lots of record, each lot being approximately 55 feet in width and 155 feet in depth (each, a "Lot"); and WHEREAS, the Owner has previously obtained from Orange County, Florida (the "County") approval of certain variances, identified by Orange County Case Nos. V A-07-02-010, V A-07-03-016, and V A-07-03-017 (collectively, the "County Variances"), which reduced the minimum lot width applicable to the development of the Property from the minimum lot width that would have otherwise been required under the Orange County Code if the Property was developed in the County, to a minimum lot width that would allow each Lot to be developed as platted; and WHEREAS, the City and Owner desire to address in this Agreement certain matters related to the terms and conditions related to the annexation and development of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. ORLA_573563.2 -2- Section 2. Annexation. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. for Case No. AX-04-07-06, thereby redefining the corporate territorial limits of the City to include the Property. Section 3. Development of the Property. A. Reco2nition of County Variances. The Owner and City acknowledge and agree that the County previously approved the County Variances. The County Variances are hereby incorporated herein by reference as if fully set forth herein. The City further agrees to recognize the minimum lot width referenced in the County Variances (55 feet) as the minimum lot width applicable to the development of the Property notwithstanding any provision of the City of Ocoee Land Development Code to the contrary. Accordingly, Section 5-10(B) of the City ofOcoee Land Development Code in not applicable with respect to the Property. B. Limitations on Development. Except as specifically provided in this Agreement, all development of the Property must be in accordance with the standards applicable to areas within the R-l zoning district, according to Ordinance 99-23, as amended, and, in all other respects, comply with the requirements of the City of Ocoee Land Development Code. Section 4. City Water and Sewer Systems. The Owner hereby agrees to connect all improvements on the Property to the City's water system prior to issuance of the first Certificate of Occupancy for the Property. Owner further agrees to comply with all City requirements for connection to the City's water system, including but not limited to the payment of all charges applicable to consumers within the corporate limits of the City with respect to water service for the Property. If City sewer service becomes available to the Property, the Owner agrees to connect the Property to the City's sewer system in accordance with all applicable City requirements. Section 5. Indemnification. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claims and shall provide the City with information regarding the Claims as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations under this Section. Section 6. Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the addresses set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed ORLA_573563.2 -3- to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Owner: Exclusive Homes, Inc. and G. Douglas Laman 1137 E. Plant Street Winter Garden, Florida 34787 City: City of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 Section 7. Miscellaneous. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. 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. C. The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. D. For all purposes of this Agreement, the Effective Date hereof shall mean the date when the last of the City or the Owner has executed the same, and that date shall be inserted at the top of the first page hereof. E. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. F. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. G. This Agreement and all other rights and obligations of the parties hereunder are intended to and shall run with the Property, and shall bind, and inure to the benefit of, the parties hereunder and their respective successors and assigns. H. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. ORLA_573563.2 -4- ORLA_573563.2 1. The Owner shall bear its own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement. J. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement or the provision of water and sewer service, and such third party prevails, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorneys' fees and paralegal fees at both the trial and appellate levels. K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. L. 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. M. If any word, sentence, phrase, paragraph, provIsIOn, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -5- IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the day and year first written above. "CITY" CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY This _ day of , 2007 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2007 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, 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 ,2007. 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): ORLA_573563.2 -6- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed on July , 2007. "OWNER" Signed, sealed and delivered in the presence of: EXCLUSIVE HOMES, INC., a Florida corporation Signature Print/Type Name By: Name: Title: Signature (CORPORATE SEAL) 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 acknowledgments, personally appeared , as of EXCLUSIVE HOMES, INC., a Florida corporation, who [ ] is personally known to me or [ ] produced as identification, and that _he acknowledged executing the foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2007. 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): ORLA_573563.2 -7- "OWNER" Signed, sealed and delivered in the presence of: Signature By: G. DOUGLAS LAMAN 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 acknowledgments, personally appeared G. DOUGLAS LAMAN, 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 ,2007. 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): ORLA_573563.2 -8- EXHIBIT "A" LEGAL DESCRIPilON LOTS J THROUGH 5. BLOCK "8". OAK LEVEL HEICHTS, ACCORDING TO THE PLA~ THEREOF, AS RECORDED IN PLAT BOOK "L', PAGE 31 OF TKE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY AS fOLLOWS: BECINNING AT THE NORTHEAST CORNER OF LOT :\, GLOCK "B", OAK LEVEL HEIGH'S. ACCORDING TO TH~ PLAT THEREOF. A5 RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLOR!DA; THENCE RUN S.00'45'07"E., FOR A DISTANCE OF 154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT .;; THENCE RUN 5.89'51' 10'\'1., FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST CORNER OF LOT 5, BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN N.OO'4S'OO"W" FOR A DISTANCE OF 154.45 FEET TO TriE NORTHWEST CORNER OF SAID LOT 5; THENCE N.90'OO'DO"E" FOR A DISTANCE OF 165,00 FEET TO THE POINT OF BEGINNING. CONTAINING 25447 SOUARE FEET OR 0.5842 ACRES, MORE DR LESS. lOT 17 LOT 6 SW. COR., La; N.O()'4S'()O"\,I. 154.45' LOT 18 lOT 5 '" 00 "" ~ -;:; ~ II '" II~ ~ ~--~~ '" ..; - ----r: ?; 'Iv '0 ~o" LOT 19 ~~ ;.n "> ~ -f- - - - - - - -- lOT 20 LOT 3 SE. COR.. LOT 3-.../ 5.00'45 '07'., 154.02' LOT 21 I I ---r I -------- LOT 2 lOT 22 lOT 1 't- I ~ ANGOLA STREET NOTES; 1, BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH RIGHT -OF-WAY LINE OF CLARCONA OCOEE ROAD. BEING AN ASSUMED BEARING OF EAST. SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) REVISIONS SCALE: 1 "= 50' _" Z ~NW COR., LOT 5 o I~ o o z )> o o o ("T1 ("T1 1:::0 10 )> o t I~II POINT OF BEGINNING NE. COR., LOT 3 I ~ '" ~ '" " ~B-ODI.I<< ANN!:X NOT VALID WITHOllT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND J.t~PPER. Jab No; Cadd File; Field Dote; Drown 6y: Field By: Field Bk/Pg: Rev. Rev. Rev. Rev. Dale; Dote: Dcte: Dale: 5/2'4/2007 lEJ LEJ uwrenC'.. E. JrmkiuB Prol,.$S/tma/ SUlTe)'or &- lIB.pp~r Florid. R~IJ$trIlUon "384- as Pi,.,.!; Atbo, Dr;....e Qr~OA..:lo. P'"IQrjdo, 32625 T... '4<l7} Je<-8JJ9