HomeMy WebLinkAboutItem #12 a.b. Approval of Annexation and Rezoning of West Colonial Parcel
Meeting Date: March 3, 2009
1;Z a . b.
Item #
Contact Name:
Contact Number:
Bobby Howell, MPA
407 -905-3100, Ext. 1044
Reviewed By:
Department Director:
Development
Services Director:
City Manager:
tJ~~
MV--
Subject: West Colonial Parcel (a.k.a Walia Property)
Annexation and Rezoning
Project # AX-05-08-25
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve an Ordinance to annex and rezone to C-3 (General
Commercial) the West Colonial Parcel (a,k,a Walia Property)?
BACKGROUND SUMMARY:
Parcel Identification Numbers: 30-22-28-0000-00-002, 30-22-28-0000-00-035
General Location: The subject property is located south of SR 50 and north of the Florida Turnpike in
unincorporated Orange County. The applicant is proposing to develop a three lot commercial subdivision on the
subject property,
The table below references the future land uses, zoning classifications and existing land uses of the surrounding
parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Commercial General Commercial Manheim's Auto Auction
(C-3)
East Commercial General Commercial FDOT communications tower
(C-3)
South None, road right-of-way None, road right-of-way Florida Turnpike
West Commercial General Commercial West 50 Commercial Subdivision
(C-3)
Property Size: Approximately 6.95 acres.
Actual land use and unique features of the subiect property: There are several residential structures on the subject
property. The proposed land use is a three lot commercial subdivision.
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. Annexation of the subject property will eliminate an existing enclave that the subject parcel created, The
subject parcel is contiguous to the City limits on the north, east and west, and therefore, eligible for annexation.
In addition, the developer will be required to enter into an Annexation Agreement with the City which places
conditions on the development of the property, This Agreement is similar to the Annexation Agreement for the
West 50 Commercial Subdivision which is located to the west of the subject property,
Joint Plannino Area Aoreement: 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. The applicant is
concurrently requesting rezoning of the property to C-3 (General Commercial). 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.
Rezonino: The applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial).
According to the Land Development Code, the C-3 zoning designation is intended to serve a considerably greater
population and offer a wider range of services than any other commercial zoning district. The C-3 zoning
designation is consistent with the adopted future land use designation of Commercial as shown on both the City of
Ocoee and Orange County Joint Planning Area future land use maps, and the surrounding zoning of the adjacent
parcels. The rezoning is consistent with the CRA (Community Redevelopment Area) Plan, the State Road 50
Activity Center Plan, and is best suited for commercial development that is detailed within the plan that was
submitted.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in
part, "The City sh;:3l1 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 Aoreement. 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: Staff determined that urban services can be adequately
provided to the subject properties, When the applicant chooses 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, and
the annexation meets state and local regulations. The rezoning to C-3 is consistent with both the City of Ocoee
and Orange County Joint Planning Area future land use maps,
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on January 7, 2009 to determine if the proposed annexation and
rezoning were consistent with the City's regulations and policies. Based on the above analysis and subsequent
discussions, the DRC recommended approval of the annexation of the Walia property and rezoning to C-3
(General Commercial) subject to inclusion of several minor revisions to the Annexation and Developers
Agreement.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on January 13, 2009 to consider the annexation and rezoning to C-3
(General Commercial) of the West Colonial Parcel (a.k,a, Walia Property), Following the deliberations, the
members of the Planning & Zoning Commission voted unanimously to annex and rezone to C-3 the West Colonial
Parcel subject to the execution of an Annexation and Developers Agreement.
2
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt an Ordinance to annex and rezone to
C-3 (General Commercial) the Walia property subject to the execution of the Annexation and Developers
Agreement.
ATTACHMENTS:
Location Map
Future Land Use Map
Zoning Map
Annexation Ordinance
Rezoning Ordinance
Annexation and Development Agreement
Annexation Feasibility Report
FINANCIAL IMPACT:
None,
TYPE OF ITEM: (please marl< with an "x'J
X Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerl<'s DefJt 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
X N/A
N/A
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ORDINANCE NO. 2009-001
(Annexation Ordinance for West Colonial Parcel)
TAX PARCEL ID #s 30-22-28-0000-00-002
30-22-28-0000-00-035
CASE NO. AX-05-08-25: West Colonial Parcel
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONT AINING
APPROXIMA TEL Y 6.9 ACRES LOCATED SOUTH OF AND ADJACENT
TO STATE ROAD 50, AND TO THE NORTH OF THE FLORIDA
TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SAID ANNEXA TION 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
DA TE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
annex approximately 6.9 acres of property, as more particularly described in Exhibit "A" hereto,
into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City ofOcoee, 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 "JP A Agreement") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
consistent with the JP A Agreement, as amended, and to be in the best interest of the City of
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ORLA_386692,1
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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. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of .
Ocoee, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
Section 5. ANNEXATION TO CENTERLINE OF ROAD. The land annexed
pursuant to this Ordinance shall extend to the centerline of any public road right-of-way located
adjacent to the real property described on Exhibit" A" attached hereto, provided, however, that
the annexation of any such right-of-way shall not serve to transfer any construction, operation or
maintenance responsibilities with respect thereto, except to the extent such responsibilities are
expressly transferred to and accepted by the City pursuant to an interlocal agreement in
accordance with Section 335.0415, Florida Statutes.
Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan
and the lP A Agreement, as amended, 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 7. CORPORATE LIMITS. The corporate territorial limits of the City of .
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
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Section 8. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City ofOcoee, Florida, to include said land herein described
and annexed.
Section 9. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
Section 10. 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 ofthe remaining portion hereto.
Section 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 12. EFFECTIVE DATE. This Ordinance shall take effect upon passage and
adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance
with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County,
Florida and with the Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this day of
,2009.
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
, 2009
ADVERTISED AND
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_386692,1
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EXHIBIT "A"
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PARCEL 1:
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY FLORIDA, LESS THE FOLLOWING:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
NORTHWEST 1/4; THENCE NORTH 89018'48" EAST ALONG THE NORTH LINE
THEREOF, 330.36 FEET; THENCE SOUTH 00033'58" EAST 105.08 FEET; THENCE
NORTH 8r04'30" WEST, 330.98 FEET THENCE NORTH 00033'56" WEST, 84.23 FEET
TO THE POINT OF BEGINNING, EXCEPTING THAT PORTION DEEDED FOR STATE
ROAD 50.
AND
PARCEL 2:
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY WHICH LIES
NORTHWESTERLY OF THE SUNSHINE STATE PARKWAY: THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, LESS AND EXCEPTTHE WEST 1/2 OF THE NORTHWEST .
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND LESS THE NORTH 525 FEET
OF THE EAST 3/4 OF THE NORTHEAST 1/4 OF THE NORTHV\EST 1/4 OF SAID
SECTION 30 AND LESS PART DESCRIBED IN ORDER OF TAKING RECORDED IN
OFFICIAL RECORDS BOOK 5461, PAGE 2335 WORE PARTICULARL YDESCRIBED AS
FOLLOWS: COMMENCE AT THE DEPARTMENT OF TRANSPORTATION PLATE
MARKING THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE SOUTH 00020'48" EAST, ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30, FOR 661.33 FEET;
THENCE NORTH 89031'31" EAS1741.79 FEET; THENCE SOUTH 42018'02" EAST 42.60
FEET; THENCE SOUTH 61051'36 EAST 363.86 FEET;THENCE SOUTH 66056'04"
EAST, 252.68 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 66056'04" EAST,
99.75 FEET TO THE POINT OF THE EXISTING NORTHERL'1lIMITED ACCESS RIGHT-
OF-WAY OF FLORIDA'S TURNPIKE; THENCE SOUTHWESTERLY AND WESTERLY
ALONG SAID NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR THE
FOLLOWING COURSES AND DISTANCES; THENCE SOUTH 4405336" WEST; 122.64
FEET TO THE POINT OF CURVATURE OF A CURVECONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 672.96 FEET AND A CHORD BEARING OF SOUTH 44037'28"
WEST; RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00032'11" A DISTANCE OF 6.30 FEET; THENCE DEPARTING THE
AFORESAID LIMITED ACCESS RIGHT-OF-WAY OF FLORIDAS TURNPIKE RUN NORTH
00020'40" WEST, 130.45 FEET TO THE POINT OF BEGINNING.
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Marshall Farms
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EXHIBIT "B"
Map of Annexed Area
Walia Property
Location Map
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ORDINANCE NO. 2009-\_
(Rezoning Ordinance for West Colonial Parcel)
TAX PARCEL 10 #s 30-22-28-0000-00-002
30-22-28-0000-00-035
CASE NO. RZ-08-09-06: West Colonial Parcel
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE C-3, "GENERAL
COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 6.9 ACRES LOCATED SOUTH OF AND ADJACENT
TO STATE ROAD 50, AND TO THE NORTH OF THE FLORIDA
TURNPIKE 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 contammg
approximately 6.9 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
C-3, "General Commercial;" 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 ofOcoee, as amended (the "JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to immediately
ORLA_386695.1
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 , 2009 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 fmds that the Rezoning
requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2009 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 6.9 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from
Orange County A-I, "General Agriculture," to Ocoee C-3, "General Commercial."
SECTION 3. MAP. 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 4. 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 5. 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
.
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ORLA_386695.1
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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 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
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ORLA_386695,1
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EXIDBIT "A"
PARCEL 1:
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY FLORIDA, lESS THE FOllOWING:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
NORTHWEST 1/4; THENCE NORTH 89018'48" EAST ALONG THE NORTH LINE
THEREOF, 330.36 FEET; THENCE SOUTH 00033'58" EAST 105.08 FEET; THENCE
NORTH 8r04'30" WEST, 330.98 FEET THENCE NORTH 00033'56" WEST, 84.23 FEET
TO THE POINT OF BEGINNING, EXCEPTING THAT PORTION DEEDED FOR STATE
ROAD 50.
AND
PARCEL 2:
THAT PART OF THE FOllOWING DESCRIBED PROPERTY WHICH LIES
NORTHWESTERLY OF THE SUNSHINE STATE PAR'r<:vVAY: THE NORTHEAST 1/4 OF
THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA, lESS AND EXCEPT THE WEST 1/2 OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND lESS THE NORTH 525 FEET OF
THE EAST 3/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION
30 AND lESS PART DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL
RECORDS BOOK 5461, PAGE 2335 MORE PARTICULARLY DESCRIBED AS
FOllOWS: COMMENCE AT THE DEPARTMENT OF TRANSPORTATION PLATE
MARKING THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE SOUTH 00020'48" EAST, ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30, FOR 661.33 FEET; THENCE
NORTH 89031'31" EAST, 741.79 FEET; THENCE SOUTH 42018'02" EAST 42.60 FEET;
THENCE SOUTH 61051'36" EAST 363.86 FEET; THENCE SOUTH 66056'04" EAST,
252.68 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 66056'04" EAST, 99.75
FEET TO THE POINT OF THE EXISTING NORTHERLY LIMITED ACCESS RIGHT-OF-
WAY OF FLORIDA'S TURNPIKE; THENCE SOUTHWESTERLY AND WESTERLY ALONG
SAID NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR THE FOllOWING
COURSES AND DISTANCES; THENCE SOUTH 44053'36" WEST; 122.64 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 672.96 FEET AND A CHORD BEARING OF SOUTH 44037'28" WEST; RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 00032'11" A DISTANCE OF 6.30 FEET; THENCE DEPARTING THE AFORESAID
LIMITED ACCESS RIGHT-OF-WAY OF FLORIDA'S TURNPIKE RUN NORTH 00020~0"
WEST, 130.45 FEET TO THE POINT OF BEGINNING.
5
ORLA_386695,1
ORLA_386695.1
Marshall Farms
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EXIDBIT "B"
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Walia Property
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CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
. CASE NUMBER: AX-05-08-25
ApPLICANT NAME: Jaspal and Kiran C. Walia
PROJECT NAME: West Colonial Parcel (a.k.a. Walia Property)
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.
II. PLANNING DEPARTMENT
Bobby Howell, MPA I
Jaspal and Kiran C. Walia
B. Property Location
1. General Location: South side of SR50/Colonial Drive, north of the
Turnoike
2. Parcel Identification Numbers: 30-22-28-0000-00-002 (northernmost parcel) 30-22-
28-0000-00-035 (southernmost parcel).
3. Street Address: 11700 Jernigan Court (from northern parcel)
4. Size of Parcel: 6.95 acres
c.
Several residential structures
Two 180-room hotels and one restaurant
Unknown.
Unknown.
.
Commercial from JPA-LUM
A-1: A riculture
n/a-parcels to be annexed.
C-3: General Commercial
E.
Yes
Yes
II. FIRE DEPARTMENT
1. Estimated Res onse Time:
2. Distance to Pro ert :
3. Fire Flow Re uirements:
Chief Richard Firstner
2-4 minutes
1.5 miles from Fire Station 1
750 pm
.
Page 1 of 3
III. POLICE DEPARTMENT
1.
2.
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
VI. UTILITIES
A. Potable Water
1. In Ocoee Service Area:
2. Cit Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
B. Sanita Sewer
1. In Ocoee Service Area:
2. Cit Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation A reement Needed:
C. Other
1. Utilit Easement Needed:
2. Private Lift Station Needed:
3. Well Protection Area Needed:
VII. TRANSPORTATION
1. Paved Access:
2. ROW Dedication:
3. Traffic Stud :
4. Traffic Anal sis Zone:
Applicant Name: Jaspal and Kiran C. Walia
Project Name: West Colonial Parcel
Case #: AX-OS-08-25
Officer Mark
Bous uet
Zone 3 /Grid 116
2.5 minutes
Ap rox. 2.5 miles
Approx. 5 minutes
Bobb Howell, MPA
$43,869.93
$2,474,023.00
Unknown
Unknown
Unknown
Unknown
Bobb Howell, MPA
No
Yes
Yes
Yes
Water on the south side of SR50/12 inch line and 8-
inch water main on Westrun Road.
David Wheeler, P.E.
Yes
Yes
Yes
Lift station on Westrun Road.
Yes
Yes
No
No
Bobb Howell, MPA
Yes
Yes, construction of 60-foot Westrun Road
Yes
622
Page 2 of 3
Applicant Name: Jaspal and Kiran C. Walia
Project Name: West Colonial Parcel
Case #: AX-05-08-25
.
I VIII. PRELIMINARY CONCURRENCY EVALUATION Bobby Howell, MPA
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.
n/a - non-residential use.
B. Parks / Recreation:
At the time of this analysis, sufficient water/sewer capacity existed to
C. Water I Sewer: accommodate the proposed annexation. This condition may change and will
be subject to an official concurrency evaluation during the site plan approval
process. Water and sewer service exists in the area as a result of the West
50 Commercial Subdivision development agreements.
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 I
The property owner will be required to enter into an Annexation and Development Agreement.
I X. CONSISTENCY WITH STATE REGULATIONS:
Bobby Howell, MPA I
The property is contiguous with the City Limits and lessens an enclave; therefore this
annexation is consistent with Ch. 171.043(1) & (2), Florida Statutes.
Note: Fire Dept. response based on the time/distance to the frontage property.
.
Page 3 of 3
THIS INSTRUMENT PREPARED BY:
Paul E, Rosenthal, 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:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
ANNEXATION AND DEVELOPMENT AGREEMENT
THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is.
made and entered into as of the _ day of , 2009 (the "Effective Date"), 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 JASP AL
WALIA AND KIRAN C. WALIA, husband and wife, (hereinafter referred to collectively as the
"Owner"), whose mailing address is 5329 Tildens Grove Blvd., Windermere, Florida 34786.
RECIT ALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange County,
Florida that, prior to the City of Ocoee City Commission's adoption of Ordinance No.
was outside the corporate territorial limits of the City, said property being more particularly
described on 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 Owner has submitted to the City an application for approval of a
Preliminary Subdivision Plan for West Colonial Property Subdivision (the "PSP Application"); 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 Planning and Zoning Commission has held a public hearing to review the
proposed preliminary subdivision plan and has recommended that the Ocoee City Commission
ORLA_632885.5
approve such plan subject to additional conditions, if any, recommended by the Planning and
Zoning Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found
the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the lP A
Agreement; and
WHEREAS, the City has determined that, subject to the terms, conditions and limitations
hereinafter set forth and the execution of this Agreement, 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, pursuant to the application of the Owner, of even date herewith the Ocoee City
Commission approved, subject to the execution of this Agreement, the Preliminary Subdivision Plan
for West Colonial Property, as prepared by Bower-Singleton & Associates, Inc. and being date
stamped as received by the City on February 3, 2009, with such additional revisions thereto, if any,
as may be reflected in the minutes of said City Commission meeting (collectively, the "Preliminary
Plan"); and
WHEREAS, the Owner anticipates the submission to the City of a Final Subdivision Plan
for the development of the Property that will be based upon and be consistent with the Preliminary
Plan and all references herein to the "Final Plan" shall refer to such Final Subdivision Plan as it may
be approved by the Ocoee City Commission; 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 the development of the
Property in accordance with the Preliminary Plan; and
WHEREAS, the Owner and City desire to execute this Agreement in order to evidence their
mutual agreement as to certain matters related to the development of the Property and as a condition
to the approval of the Preliminary Plan by the City.
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. All capitalized terms not otherwise defined herein shall be as defined or
described on the Final Plan, unless otherwise indicated.
SECTION 2. DEVELOPMENT APPROVALS. Nothing herein will be construed to
grant or waive on behalf of the City any development approvals that may be required in connection
with the Final Plan or the Owner's development of the Property. Notwithstanding this Agreement,
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ORLA_632885.5
the Owner must comply will all applicable procedures and standards related to the development of
the Property.
SECTION 3. ANNEXATION OF THE PROPERTY. Subject to the execution of this
Agreement, the Ocoee City Commission has adopted Ordinance No. for Case No.
AX-05-08-25, thereby redefining the corporate territorial limits of the City to include the Property.
SECTION 4. DEVELOPMENT OF THE PROPERTY.
A. The Owner hereby agrees to develop the Property in accordance with the
Final Plan, which will be consistent with the Preliminary Plan, and all permits and approvals issued
by the City and other governmental entities with respect to the Property. As of the date hereof, the
Preliminary Plan has been approved by the City, such Preliminary Plan being hereby incorporated
herein by reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in accordance
with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "B"
and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees
to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of
Approval attached hereto as Exhibit "B" are the same Conditions of Approval set forth in the
Preliminary Plan and shall also be set forth on the Final Plan.
C. Except as otherwise expressly set forth in this Agreement and the Preliminary
Plan, it is agreed that the Final Plan and all preliminary and final site plans for the Property, or any
portion thereof, shall conform to the Ocoee Land Development Code requirements in effect at the
time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee
Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed
that the provisions of this Agreement shall control.
SECTION 5. WAIVERS FROM THE OCOEE LAND DEVELOPMENT CODE. As
part of the approval of the Preliminary Plan, the Owner has been granted waivers from the
requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C"
attached hereto and by this reference made a part hereof (the "Waivers"). The Waivers shall also be
set forth on the Final Plan.
SECTION 6. OFF-SITE TRANSPORTATION MITIGATION.
A. The Owner has submitted to the City a Traffic Impact Analysis for West
Colonial Property prepared by Traffic Planning and Design, Inc. dated March 2008 (the "Traffic
Study"). The Traffic Study is premised upon the Property being developed in such a manner so as
to generate no more than a total of 1,993 daily trips and 151 PM Peak Hour Trips calculated on the
basis of the latest edition of the ITE Manual and the City's Transportation Impact Fee Update as
referenced in Section 87-2 of the Ocoee City Code (collectively, the "New Project Trips"). The
Traffic Study indicates that, when taking into account the New Project Trips, certain impacted
roadway segments and intersections will not meet their adopted Level of Service by the year 2010
(the "Roadway Deficiencies"). In order to address the Roadway Deficiencies, the Owner agrees, at
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ORLA_632885.5
the Owner's expense, to implement a strategy as set forth in Section 7(B) below to accommodate or
mitigate the additional traffic created by the New Project Trips.
B. In order to comply with the requirements of Article IX of the City's Land
Development Code entitled Concurrency and as a material inducement to the City to approve the
Preliminary Plan and thereafter issue a Final Certificate of Concurrency for the development of the
Property, the Owner hereby agrees to pay to the City the sum of ONE HUNDRED SIXTY
THOUSAND TWO-HUNDRED NINETEEN AND 80/100 DOLLARS ($160,219.80) (the
"Traffic Mitigation Payment"). The Traffic Mitigation Payment will be used by the City exclusively
for the payment of construction costs associated with its project known as "Maguire Road Phase 5".
The Traffic Mitigation Payment may be paid by the Owner on a Lot by Lot basis at any time prior to
the issuance of a building permit for the construction of a building on each Lot to be developed
within the Property, such payment being made in accordance with the lot allocation schedule set
forth in Exhibit "D" attached hereto and by this reference made a part hereof. Notwithstanding the
foregoing or any other provision contained herein to the contrary, any unpaid balance of the Traffic
Mitigation Payment shall be due and payable by the Owner to the City three (3) years from the
Effective Date.
C. 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
Traffic Mitigation Payment set forth above and the Owner's compliance with the requirements of
this section.
D. The parties hereto recognize that the Owner's proposed development of the
Property in accordance with the Preliminary Plan has been determined to meet the City's
requirements for transportation concurrency based upon the transportation mitigation plan set forth
above and that a more intense development of the Property than that assumed by the Traffic Study
could adversely affect the transportation concurrency review undertaken by the City and subject the
Property to further transportation concurrency review and require an updated traffic study.
Accordingly, notwithstanding any provision contained herein to the contrary, the Property shall not
be developed in such a manner so as to generate more than a total of 1,993 daily trips and 151 PM
Peak Hour Trips calculated on the basis of the latest edition of the ITE Manual and the City's
Transportation Impact Fee Update as referenced in Section 87-2 of the Ocoee City Code, such
calculation to be made each time an application is made for the construction of a building within the
Property .
E. The Owner shall not be entitled to a reduction of the Traffic Mitigation
Payment set forth above or a refund of any previously paid portion of the Traffic Mitigation
Payment in the event the Property is developed with a lesser intensity or density than set forth in
Section 6(A) above, it being recognized by the Owner that the City has proceeded with its
transportation planning based upon the receipt of the Traffic Mitigation Payment and has made or
may make financial commitments based on the receipt of such monies.
SECTION 7. PERMITTED USES; PROHIBITED USES. As a material inducement to
the agreement of the City to annex the Property, the Owner agrees that the Property will be
developed in accordance with those uses permitted in Table 5-1 of the City of Ocoee Land
Development Code as specified in the "C-3", General Commercial District, except for the following
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ORLA_632885.5
uses which are expressly prohibited on the Property: adult entertainment establishment; automotive
body repair; automobile parking lot; automobile repair; automobile sales (new and used);
automobile service station; automotive wrecking or salvage yards; bus terminal; equipment sales;
furniture repair and upholstery; heating and air conditioning sales and service with outside storage;
heating, ventilating, and/or plumbing supplies, sales and service; hospital; miniature golf
course/driving range; mobile home and travel trailer sales; monument sales; motor vehicle
wholesale; movie theater; pawn shop; pre-fabricated house sales; printing, book binding, lithograph
and publishing plants; recreational vehicle park; sign painting shop; veterinary hospitals and
kennels; and, golf course/country club. The following uses will be permitted subiect to the listed
conditions: Car wash (enclosed automated with full service detailing); self-storage' warehouse
(climate controlled structure with architecturally upgraded design); drive-in restaurant (but
excluding those that would be typically considered "fast-food" similar to McDonald's, Burger King,
Wendy's, Hardees, and Checkers).
SECTION 8. WAIVERS FROM ARCHITECTURAL STANDARDS. Waivers from
Section 6-14C(4)(a) of the Ocoee Land Development Code may be approved by the Ocoee City
Commission on a case-by-case basis. The Owner may come directly to the Ocoee City Commission
to request approval of waivers from Section 6-14C(4)(a) of the Ocoee Land Development Code and
to negotiate any upgraded standards in connection therewith.
SECTION 9.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:
Jaspal Walia and Kiran C. Walia
5329 Tildens Grove Blvd.
Windermere, Florida 34786
CITY:
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
SECTION 10. 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. Both the City and the Owner shall have the right
to enforce this Agreement by an action for specific performance.
SECTION 11. 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.
-5-
ORLA_632885.5
SECTION 12. RECORDATION. The parties hereto agree that this Agreement shall be
record,ed in the Public Records of Orange County, Florida, at the expense of the Owner.
SECTION 13. 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 14. TIME OF THE ESSENCE. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
SECTION 15. FURTHER DOCUMENTATION. The parties agree that at any time
following a request by the other party, each shall execute and deliver to the other party such further
documents and instruments in form and substance reasonably necessary to confirm and/or effectuate
the obligations of either party hereunder.
SECTION 16. 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 17. 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 18. 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; provided, however,
that it is agreed that this Agreement is supplemental to the Preliminary Plan and does not in any way
rescind or modify any provisions of the Preliminary Plan. 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 19. 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 20. EFFECTIVE DATE. This Agreement shall first be executed by the Owner
and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee
City Commission, this Agreement shall be executed by the City. The Effective Date of this
Agreement shall be the date of execution by the City.
[BALANCE OF PAGE IS INTENTIONALLY BLANK]
-6-
ORLA_632885.5
IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly
executed and made effective as of the Effective Date.
Signed, sealed and delivered
in the presence of:
Signature
Print/Type Name
Signature
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this _ day of ,2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_632885.5
"CITY"
CITY OF OCOEE,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2009 UNDER
AGENDA ITEM NO.
-7-
Signed, sealed and delivered
in the presence of:
"OWNER"
Signature
JaspalWalia
Print/Type Name
Signature
Print/Type Name
Signature
Kiran C. Walia
Print/Type Name
Signature
Print/Type Name
-8-
ORLA_632885.5
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 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
,2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifnot legible on seal):
-9-
ORLA_632885.5
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 JASP AL WALIA, 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
,2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
STATE OF
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 KIRAN C. WALIA, who [ ] is
personally known to me, or [ ] produced as identification, and that she
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
,2009.
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):
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ORLA_632885.5
EXHIBIT "A"
The Property
PARCEL 1:
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY FLORIDA, lESS THE FOllOWING:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID NORTHWEST
1/4; THENCE NORTH 89018'48" EAST ALONG THE NORTH LINE THEREOF, 330.36 FEET;
THENCE SOUTH 00033'58" EAST 105.08 FEET; THENCE NORTH 8r04'30" WEST, 330.98
FEET THENCE NORTH 00033'56" WEST, 84,23 FEET TO THE POINT OF BEGINNING,
EXCEPTING THAT PORTION DEEDED FOR STATE ROAD 50.
AND
PARCEL 2:
THAT PART OF THE FOllOWING DESCRIBED PROPERTY WHICH LIES
NORTHWESTERLY OF THE SUNSHINE STATE PARKWAY: THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE
COUNTY, FLORIDA, lESS AND EXCEPT THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND lESS THE NORTH 525 FEET OF THE EAST
3/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 30 AND
lESS PART DESCRIBED IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS
BOOK 5461, PAGE 2335 MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCE
AT THE DEPARTMENT OF TRANSPORTATION PLATE MARKING THE NORTHWEST
CORNER OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY,
FLORIDA; THENCE SOUTH 00020'48" EAST, ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 30, FOR 661,33 FEET; THENCE NORTH 89031'31"
EAST, 741.79 FEET; THENCE SOUTH 42018'02" EAST 42.60 FEET; THENCE SOUTH
61051'36" EAST 363.86 FEET; THENCE SOUTH 66056'04" EAST, 252.68 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 66056'04" EAST, 99.75 FEET TO THE POINT OF
THE EXISTING NORTHERLY LIMITED ACCESS RIGHT-OF-WAY OF FLORIDA'S
TURNPIKE; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID NORTHERLY
LIMITED ACCESS RIGHT-OF-WAY LINE FOR THE FOllOWING COURSES AND
DISTANCES; THENCE SOUTH 44053'36" WEST; 122.64 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
672.96 FEET AND A CHORD BEARING OF SOUTH 44037'28" WEST; RUN
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
00032'11" A DISTANCE OF 6.30 FEET; THENCE DEPARTING THE AFORESAID LIMITED
ACCESS RIGHT-OF-WAY OF FLORIDA'S TURNPIKE RUN NORTH 00020'40" WEST, 130.45
FEET TO THE POINT OF BEGINNING.
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EXHIBIT "B"
Conditions of Approval
1. Intentionally Deleted.
2. Intentionally Deleted.
3. Intentionally Deleted.
4. There will be joint and cross access between all adjacent Lots as depicted on the Final Plan.
All cross access points will be sufficient distance from W estrun Road, as determined by the
City, in order to address any traffic backup at such cross access point(s).
5. The Owner will provide, at no cost to the City, adequate retention and drainage for all public
roadways on the Property, in accordance with all City requirements.
6. The development of the Property shall be consistent with the requirements of the City of
Ocoee Code.
7. Nothing herein shall be construed to waive any provIsiOn of the City of Ocoee Land
Development Code unless expressly set forth herein.
8. Any damage caused to State Road 50 as a result of the construction activities related to the
development of the Property shall be promptly repaired by the Owner to the applicable
governmental standards at the Owner's sole cost and expense.
9. The Property will connect with potable water service in accordance with Ocoee standards,
and provide, at the Developer's cost, an extension from the existing point of connection.
10. The Owner shall install a reuse system on the Property that will connect to the reuse system
installed as part of the West 50 Commercial Subdivision. The system shall provide a reuse
line to each lot. The system shall not be connected to the City's reuse water system until
such time as the City has extended its reuse lines to a public right-of-way adjacent to the
West 50 Commercial Subdivision property. Until connection to the City reuse system can be
made, the Owner shall add a temporary jumper between its internal reuse system and potable
system and shall cap the reuse main, as required by the City. The Owner shall, on the
temporary jumper connection, install a reduced pressure zone backflow device (A.S.E.
1013).
11. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes
Chapter 163 concerning moratoria on the issuance of building permits under certain
circumstances. The City has no lawful authority to exempt any private entity, or itself, from
the application of such state legislation and nothing herein should be construed as such an
exemption.
12. Each fire hydrant shall be OSHA Yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
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13. Streetlights will be installed prior to a Certificate of Completion being issued, and the cost of
operations will be assumed in accordance with the provisions of the City of Ocoee Land
Development Code in effect at the time of issuance of a Certificate of Completion.
14. All on-site utilities including electrical, cable TV and telephone shall be placed underground.
15. All existing structures (including buildings, power lines, existing aerial and utility facilities)
and related easements will be removed and/or terminated prior to or during construction of
the development replacing those uses.
16. The development of this project will incorporate the stormwater needs of all public roads
within the project.
17. All drainage, utility and maintenance easements shall be for the benefit of the property
owners association or other designated maintenance entities. The drainage and utility
easements shall be dedicated to the perpetual use of the public at the time of platting.
18. An emergency access easement to the retention ponas and over all drainage easements
shown on the Final Plan shall be dedicated to the City for emergency maintenance purposes
at the time of platting. The emergency access easement will not impose any obligation,
burden, responsibility or liability upon the City, to enter upon any property it does not own
or take any action to repair or maintain the drainage system on the property.
19. All access rights to all public roads, except at approved locations shown on the Plan, shall be
dedicated to the City of Ocoee at the time of platting.
20. A property owner's associations will be created for maintenance and management of all
common areas, unless otherwise noted. All tracts owned by the City, if any, shall be exempt
from assessments by, or participation in, property owner associations unless otherwise
agreed to by the City. Notwithstanding the foregoing, the City on its own may elect to
participate on the Board for any property owner association formed and/or retain voting
rights for tracts owned by the City.
21. All legal instruments, including but not limited to the property association documents such
as articles of incorporation, bylaws, and declaration of covenants and restrictions, shall be
provided to the City for review and approval prior'to or at the time of platting all or a portion
of the property.
22. All tracts, which are to be owned and maintained by the property owner's association, shall
be conveyed to the property owner's association by warranty deed at the time of platting.
23. Existing trees 8" dbh or larger (other than citrus trees or "trash" trees) located along
proposed locations of buffer walls or road right-of-way lines will be preserved if at all
possible. The buffer walls and roads will be designed around those trees to incorporate them
into required landscape buffers and as street trees.
24. The existing grades on individual lots containing protected trees will be maintained as much
as possible to preserve existing protected trees. For lots containing protected trees, there will
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be no grading or other construction on individual lots, except as specified in the Final
Subdivision Plan, until building permits are issued for those lots.
25. Unless otherwise noted on the Final Plan, a 5' utility and drainage easement will be platted
along all perimeter side lot lines and 10' utility, drainage and sidewalk easement adjacent to
the street rights-of-way. Sidewalks will only be placed in this easement if necessary to run
them around existing protected trees to be preserved.
26. All utilities to be placed within the 10' easement along the front of each lot will be placed
around existing protected trees to be preserved.
27. In order to ensure that as many existing trees as possible will be preserved, all road rights-of-
way and retention areas will be flagged for review by the City and the Engineer prior to any
tree removal. No clearing permits will be issued for site work or building construction until
all trees to be preserved have been clearly marked with tree protection barriers.
28. Removal of existing trees will be limited to clearing road right-of-way and retention areas as
detailed in these plans. All existing protected trees on individual lots will be evaluated at the
time a building permit is issued for that lot, to determine whether or not each tree needs to be
removed.
29. The Owner shall construct appropriate curb cuts to enable access ramps at all rights-of-way
intersections (and other areas as reasonably required) in order to accommodate access to
sidewalks and streets for persons who are in wheelchairs and other persons who are
physically challenged, and otherwise comply with all Americans with Disabilities Act
("ADA") requirements. When sidewalks are constructed on corner lots at certain locations,
the sidewalks will be extended to the curb and the appropriate ramps will then be
constructed. The property owners association will be responsible for the continued
maintenance of all streets and sidewalks in accordance will all ADA requirements that may
now or hereinafter be applicable to the project.
30. In the event the master stormwater retention ponds are conveyed to a property owner's
association (the "Association") then the Developer shall remain responsible for the
maintenance of the project's master stormwater management system ("SWMS"), including
all master stormwater retention ponds, until such time as: (i) the SWMS for the project is
constructed and appropriate certificates of completion issued by both the City and the
SJR WMD, (ii) the master stormwater retention ponds intended to be conveyed to the
Association have in fact been conveyed to the Association, (iii) the Association is designated
as the maintenance entity on the records of the SJRWMD and all transfer records required by
SJRWMD have been executed and accepted by SJRWMD, (iv) the City has been provided
with a copy of the developer's proposed maintenance plan with respect to the SWMS, and
(v) the City has been provided with a written statement from the Association acknowledging
receipt of the Developer's proposed maintenance plan with respect to the SWMS and that the
Association is responsible for the maintenance of the SWMS.
31. All Declaration of Covenants and Restrictions affecting the property shall include the
following provisions:
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(i) Provision allowing the City to levy, collect, enforce assessments for
maintenance of common areas if the Association fails to do so or fails to maintain
assessments at a level allowing for adequate maintenance.
(ii) Provision granting the City the right, but not the obligation, to maintain/repair
the SWMS and obtain reimbursement from the Association, or from the Developer if (i)
turnover of control to the members has not occurred,' or (ii) if the Developer is still
responsible for maintenance of the SWMS.
(iii) Provision providing that the SWMS will be transferred to a responsible
operation/maintenance entity acceptable to the City in the event of dissolution and that if
dissolution occurs without such approval then the City may continue to levy and collect
assessments and impose liens with respect thereto notwithstanding the dissolution of the
Association.
(iv) Provision that the Association shall at all times be in good standing with the
Florida Secretary of State.
(v) Provision that at the time of turnover of control of the Association to the
members, the Declarant shall deliver to the new Board of Directors the maintenance plan for
the SWMS accompanied by an engineer's certification that the SWMS is functioning in
accordance with all approved plans and permits. To the extent that any such engineer's
report indicates any corrective action is required the Declarant shall be required to diligently
undertake such corrective action at the Declarant's expense and to post a cash bond with the
Association for the estimated costs of such corrective action.
(vi) Provision that no property owned by the City or any other governmental
entity shall be subject to assessments levied by the Association.
(vii) Provision that any amendment to any provision affecting the City requires the
consent of the City in an instrument recorded with the amendment.
The Articles of Incorporation and Bylaws of the Association shall be consistent with the foregoing
provIsIOns.
32. There shall be no access from the project to any public roads except at the approved
locations shown on the Plan.
33. All commercial Lots will be a minimum of 1 acre in size.
34. All commercial Lot uses shall conform to the Master Architectural, Signage, Lighting and
Landscape Package Plans, which will be provided when the first commercial Lot is
developed and which will be subject to approval of the City.
35. The Final Grading Plan will preserve existing grades on individual lots containing protected
trees as much as possible.
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36. The finished floor elevation of all lots will be a minimum of 2' above the 100 year flood
elevation.
37. This project shall comply with, adhere to, and not deviate from or otherwise conflict with
any verbal or written promise or representation made by the Owner/Applicant (or authorized
agent thereot) to the City Commission at any public hearing where this project was
considered for approval, where such promise or representation, whether oral or written, was
relied upon by the City Commission in approving the project, could have reasonably been
expected to have been relied upon by the City Commission in approving the project, or could
have reasonably induced or otherwise influenced the City Commission to approve the
project. For purposes of this Condition of Approval, a "promise" or "representation" shall
be deemed to have been made to the City Commission by the Owner/Applicant (or
authorized agent thereot) if it was expressly made to the City Commission at a public
hearing where the project was considered for approval.
38. No Certificate of Completion for any portion of the Property shall be issued prior to a
Certificate of Completion being issued by the City for Westrun Road and all of its associated
infrastructure improvements within the West 50 Commercial Subdivision.
39. No monument signs shall be permitted on the Property. Signage for any business located on
any lot within the project shall be provided in accordance with the terms of that certain
Access and Sign Easement, Temporary Construction Easement and Utility Cooperation
Agreement, recorded June 29, 2007, in O.R. Book 9328, Page 4269, Public Records of
Orange County, Florida.
40. The Property will connect with sanitary sewer in accordance with City of Ocoee standards,
the Final Plan, the West SR 50 Development Wastewater Plan approved by the Ocoee City
Commission on May 1, 2007, and that certain Sewer Refunding Agreement, recorded June
6, 2007, in O.R. Book 9260, Page 141, Public Records of Orange County, Florida
(the"Refunding Agreement"), SUBJECT TO the rights of the Owner to opt-in or opt-out of
the provisions of the Refunding Agreement. If the Owner opts-into the Refunding
Agreement, the Owner shall contribute its fair share (the "Owner's Share") of the Project
Costs (as defined in the Refunding Agreement) prior to or at the time of connection of the
Property to the SR50/Marshall Farms Force Main (as defined in the Refunding Agreement).
Accordingly, the Owner shall, prior to or at the time of connection of the Property to the
SR50/Marshall Farms Force Main in accordance with the terms, conditions and procedures
set forth in the Refunding Agreement, either: (i) pay to the City the Owner's Share, or (ii)
provide to the City a receipt issued by West 50 Properties, a Florida general partnership, or
its successor or assignee, if applicable ("West 50"), evidencing that the Owner's Share has
been contributed directly to West 50. Prior to the issuance of a Certificate of Completion for
any subdivision improvements to be constructed on the Property, the Owner shall, at its sole
cost and expense, connect the Property to the SR50/Marshall Farms Force Main. Nothing
contained in this Condition of Approval shall be construed to: (i) provide the Owner, its
successors and assigns, with any discount, credit, or reimbursement with respect to the
payment of applicable sewer capital charges, or (ii) guarantee or reserve plant capacity on
behalf of the Owner, its successors and assigns, and/or the Property, except as expressly set
forth in the Refunding Agreement.
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41. A Shared Parking Agreement for the project must be provided prior to the approval of any
site plan for any Lot located within the project. A draft of such agreement should be
provided to the City with the first submittal of a site plan for any Lot located within the
project. The form of such agreement shall be subject to the review and approval of the City.
.
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EXHIBIT "C"
Waiver Table
Code Section Current Standard New Standard Justification
7-4B(1). Impacts to wetland areas Minimal impacts to poor Impacts to the
are not permitted unless quality wetlands and on- wetlands are justified
the City Commission site mitigation ratio of to ensure project
finds, on the basis of 2:1. feasibility. Due to the
reasonable evidence, that nature of the site and
there are no practical the configuration of
alternatives. wetlands, wetland
impacts are necessary
to provide for
adequate development
on the site. All
impacts to the
wetlands will be
properly mitigated and
adequate upland
buffers will be
provided to minimize
future secondary
impacts,
7-4B(3). A 7S-foot upland buffer Wetland buffer with an Impacts to the
from a wetland is average of 2S-feet and a wetlands are justified
required except where minimum of IS-feet. to ensure project
the City Commission feasibility. Due to the
finds it is impractical to nature of the site and
maintain that width. the configuration of
wetlands, wetland
impacts are necessary
to provide for
adequate development
on the site. All
impacts to the
wetlands will be
properly mitigated and
adequate upland
buffers will be
provided to minimize
future secondary
impacts.
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EXHIBIT "D"
Lot Allocation Schedule for Traffic Mitieation Payment
Lot 1:
$63,028.29*
Lot 2:
$48635.95*
Lot 3:
$48.555.56 *
Total Traffic Mitigation Payment:
$160,219.80*
^
*By written notice to the City the Owner, it is sole discretion, may re-allocate up to the sum of
$30,000, in whole or in part, among the Lots at the time of payment of the Traffic Mitigation
Payments so long as the Total Traffic Mitigation Payment for the Property is not reduced.
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