Loading...
HomeMy WebLinkAbout07-08-2003 Agenda Packet Mayor be Center of Good L S. Scott Vandergrift Commissioners Danny Howell, District 1 City Manaeer Scott Anderson, District 2 Jim Gleason _ Rusty Johnson, District 3 Nancy J. Parker, District 4 PLANNING AND ZONING COMMISSION AGENDA (Local Planning Agency) Tuesday, July 8, 2003 7:00 PM I• CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. ELECTION OF OFFICERS Ilt. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, May 13, 2003 B. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, June 10, 2003 IV. NEW BUSINESS A. Adair Pointe Subdivision 1. Annexation & Initial Zonin (Public Hearing) AR-02-10-07 2. Preliminary Subdivision Plan LS an LS -02 -00 08 B. Bib 10 Tire Store 1. Special Exception Petition (Public Hearing) 1 -4SE -001 C. Richard A. Doss Comprehensive Plan (Public Hearing) 1. Small Scale Com p SSCPA -03 -003 Amendment 2. Rezoning RZ- 03 -03 -03 V. OLD BUSINESS VI. OTHER BUSINESS VII. MISCELLANEOUS A. Project Status Report B. July Calendar VIII. ADJOURNMENT NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Also, in accordance with Florida Statute 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905 -3105, 48 hours in advance of the meeting. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoee.fl.us • rr •1! Hill r r 11TWO • . M THE MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MAY 13,2003 AS LOCAL PLANNING AGENCY Vice Chairman Golden called the meeting to order at 7:03 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag,,,a quorum was declared present. PRESENT: Vice Chairman Golden, Members Campbell,,K611'er, McKey (arrived 7:07 p.m), Rhodus, Riffe and West. Alsq, present,, were City Attorney Rosenthal, Community Development Director Wagner, Planning Manager Lewis, Senior Planner Willman, Principal Planner James, Senior Planner Grimms and Deputy City Clerk Green". � ddeld/'imd also OOPS Representative ABSENT: Chairman Bond and Member Lan Foltz. Subdivision Plan for the Wines Property located at 2500 Ocoee -Apopka Road, Parcel Tax ID 06-22-28-0000-00-001. The Preliminary Subdivision Plan proposes 100 single- family residential lots on 38 acres located on the west side of Ocoee -Apopka Road, approximately 600 feet north of West Road. The eastern edge of the property abuts a wetland area, which will be placed in a conservation easement dedicated to the City. The Wines Property is zoned R- 1 AA and R-3, but R- I AA standards will be used for all development in the subdivision, requiring minimum lot width of 75 feet and lot size of 9,000 sf. The developer is requesting two zoning waivers to provide homebuyers the Planning and Zoning Commission Regular Meeting May 13, 2003 option to build larger homes. These waivers would allow for an increase in total building coverage from 35% to 45%, and an increase in maximum impervious surface area from 50% to 55% on each lot. The 45% lot coverage would not encroach upon R-IAA setbacks, and the retention pond would be designed for 55% total impervious area. On April 14, 2003, the DRC reviewed the Wines Property Preli and voted unanimously to recommend approval with minor,cl incorporated on the plans date, stamped received April 21, 2003.1 Ms. Willman concluded with Staff s requested waivers. The public hearing was opened. Board members asked several questions to Community Development Director Wagner resp Does the plan provide for a cc gazebo along with a tot lot. What about a second entrance?, Road. What about funding for ; fatu Subdivision Plan which have been including the two Planner Willman and ,Is underlined). re widening -or*, 'additional turn lanes for area roads? nuttinv in turn lanes on the currentilatiwact fees. To pave Ocoee -Apopka Road from Silver Star to the Expressway would be'a $30M _pKgject, The City could not do it without When will the LDC ,be to require larger trees for residential areas? Upgraded Noting flag lots on the, P'lafi"what are the standards in the Land Development Code for flag lots? The LDC restricts" to no more than two adjacent flag lots. Discussion about the difficulties of developing flag lots and alternative solutions concluded with the suggestion to look at the regulations for them in LDC revisions. Does the LDC allow conjunctive driveways? The only Code requirement is that a lot feet on a road. It was suggested that this be addressed may not have less than 20 lineal, in LDC revisions. OA Planning and Zoning Commission Regular Meeting May 13,2003 Since there are no protected trees on the property, will Staff oversee the clearing for road right-of-way, etc.? Yes. In addition to the recently abandoned orange grove that will b cleared, there are trees in a conservation. easement on the northwest side of the site and that will be preserved. What is the size requirement for trees along the street? Street, trees would be 2" and others would be 1 1/2". Vice Chairman Golden asked that Staff include existing, and"future land use maps with reports in the future. Kyle Sanders, with Cambridge Homes, the developer of the proposed project, said they concur with Staff s recommendation of approval. f,'He said they appreciate all the help they have received and the opportunity to be before P&Z.,'He said this would be the third the previous projects have project for Cambridge Homes in the City, and io I us projec gone well. Kevin Kramer, with PDA, the engine&-Ior the project, was also present to answer questions. In response to a question about the price`6f the? homes for the Wines Property, Mr. Sanders said they are currently building in,Orchard Park and those list prices are about $175,000 to $225,000, with so.nic homes in excess of $300,000, but for the most part they are between $225,000 and $27 1 5,000,.He said they expected the Wines homes prices to be higher than Orchard Park" and consistent withWestyn Bay and Forestbrooke. In response to a question aboutthesquare footage of the homes in light of the waivers requested, Mr. Sanders , distributed a spreadsheet showing Lot Coverage and Impervious Ratio Analysis for the various'models ,of homes. He said the waivers would allow them to build homes, to 4,050 S" f, ,and 4, , 950 sf of impervious would allow for driveways, pool deck, etc. Mr. Wagner pointed -,out tbbpopularity of rear yard pools, gardens and hardscape. He said the waivers woul&-'611'ow the builder to build a larger house on the lot without affecting the side yards and front yards. As no others wished to speak, the public hearing was closed. In discussion of Member Riffe's motion noted below, Member cKey asked the board's consent to amend the motion to ask for 3" to 4" trees along the roadway and 3" minimum on the property because this is such a barren site. Vice Chairman Golden suggested it might be possible to request more trees of the same diameter. Member 3 Planning and Zoning Commission Regular Meeting May 13, 2003 Riffe said she was not willing to amend the motion because she thought it would be unfair to require this developer to do that which was not required of others. She said these concerns should be addressed by changes to the Code. Member West said he appreciated Member McKey's good intentions, but he agreed with Member Riffe's position. Vice Chairman Golden said that should have been brought up with the developer in the public hearing. As had been recommended by Staff, FARAWAY FARMS/CHEVRON (As LOCAL PLANNING AGENCY} PUBLIC HEARING N JPA-01-001 ' JOINT PLANNING AREA LAND USE MAP AAIENDMIENT9- CASE 0 LARGE SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT, CASE No-.-CPA-01-002, REZONING AND DEVELOPMENT AGREEMENT,- CASE No.,RZ-01-06-01 City Attorney Rosenthal said for purposes, of the Planning and Zoning Commission, there could be a consolidated public hearing and all comments would apply for each of the Faraway Farms/Chevron matters scheduled for public hearing. The -public hearing was opened. Community Development Director Wagner said there was a full staff report from Mr. Whit Blanton, withRenaissance Planning Group, the City's planning consultant, who has acted as staff and ,has met with, the applicant throughout the review process. There was also a report fr6rdMr. Rosenthal, regarding legal issues pertaining to this project. Mr. Wagner briefly"elxplained/the background of the project. He said about one year ago (June 11, 2002) ., Planning' , , a , nd Zoning Commission (as LPA) had conducted a public hearing on the same property in which board members heard from staff, the applicant, and neighbors from the surrounding area. At that meeting the applicant asked for a continuance of that public hearing because there were many unresolved items. In the meantime, the applicant has met with some of the adjoining property owners. They also amended their application that was a land use change to industrial and I- I zoning and it is now an amendment request to commercial land use and C-3 zoning. Because this was a fairly dramatic change, the public hearings were readvertised. Even though many of the issues are the same, staff did do a full review of this application on its own merits. Mr. Blanton will give a brief synopsis of the findings of the staff. The last time the staff 4 Planning and Zoning Commission Regular Meeting May 13, 2003 recommendation was a neutral position on this as a policy matter. They believe because of the change to commercial and what they believe the more dramatic potential impacts as a result of that, staff is recommending denial of these applications. Mr. Blanton and Mr. Rosenthal will give the background on why the staff has come to that conclusion, Whit Blanton introduced his associate, Jacob Riger, He said,he and Mr. Riger along with another staff member from their office were primarily responsible for reviewing this amended request. Mr. Blanton presented the staff ..,report for the Faraway Farms/Chevron applications. Since the June 11, 2002,,.meeting they have reviewed a number of documents and have met with the applicant again, Wlhil ' e a lot of the things in their staff report have not changed, some things are a; little bit different. One thing to keep in mind is that the City's Comprehensive Plan has a"S' also been amended, and that is an important consideration. He said they are the City's continuing services 66risultarif and have been for about seven - �'fi'cations years. Their job is to look out for the long termImplications i for the City in terms of growth and development, particularly fbfjransportation,` but also as it relates to a whole host of other development related issues. He said their focus was to evaluate the longterm implications for the City"And ti to provide a suitable developmentframe as a result of that request., 'He said the merits related to the land",use aridI surrounding area. roposed,land ,lise change in the context of the e&'r I '.,there was an adequate game plan in place ork to anticipate likely changes that may occur are reviewing , this strictly on the development �--:compatibility of those land uses with the He said the Faraway, Farms',proj e6t,is located on the southeast comer of Fuller's Cross Road and Ocoee -,Apopka "Road. The, site is slightly less than 100 acres and about 1/3 of that is conservation. The applicant is proposing to retain the conservation component. The property lies within theOrange County Joint Planning Area (JPA) therefore one of the JPA. the requested changes,is to Mr. Blanton's presentationf:dn'cluded highlights from the staff report in the packet and a power point presentation. "Mr. Blanton's staff report and power point presentation are on file. In summary, Mr. Blanton said there are several points he would like to make. They feel the request is not consistent with the Comprehensive Plan for a number of reasons. They think it is in conflict with the policies that require compatible land uses and also remedies for dealing with land uses that may be incompatible that address things such as planned unit developments and a stronger mix of land uses on site, potentially even including 5 Planning and Zoning Commission Regular Meeting May 13, 2003 residential mixing land uses. They believe that the Comprehensive Plan is in conflict with this request because of the creation of the interchange impact area, which deals with situations just like this. They believe that a substantial land use change before having that interchange impact area analysis in place is premature. That whole plan is intended to prevent poorly planned, piecemeal developments from really changing the character of the community. The City's market studies that have been done e for the Coke property (two studies) have both indicated that currently, based on",`'low-density residential development patterns in the area, there is a relatively limitedl,06mand for non-residential uses. So, given that, it is hard to justify a nearly one hundred -acre site going to commercial and the impacts that may have. They feel the 'threat is there for an oversupply of commercial land uses in the area. Mr. Blanton said he and Mr. Riger would be City Attorney Rosenthal said he had been woi this project. In some respects their paths are dig to make sure that, while they have a negative desire to recommend the project, that members which to take that action. He said essential) broader discretion than when dealing w ith",,si' where no comprehensive plan amendment is bei �gwith Mr. Blanton and his office on ent, 'n that Mr. Rosenthal's job is also iff recommendation, should the P&Z Dw the proper legal parameters within proper his is a legislative function allowing �lans;,'subdivision plans, or rezoning sought. Mr. Rosenthal presented his/staff report ort explaining procedural matters and addressing " three legal issues, which --may impad"the-P&,Z/discussion and recommendation on the Applications. The legal issues, relate to: "(I)' precedents arising from approval of the Applications, (2) the type of rezoning requested, and (3) a proposed agreement with the Owner. The staff recommendation mendation provided by RPG recommends denial. In the event the P&Z decides to recommend that the City Commission approve the Applications and the Agreement, Mr. Rosenthal recommended that (i) such action be based on a finding that unique circumstances exist oh"Ithe Property due to portions thereof being contaminated by arsenic and not suitable, I T I or.,,fesidential development; (ii) such action be made subject to the City and Owner entering into an Agreement Regarding Comprehensive Plan Amendment and Rezoning at the time of adoption of the Comprehensive Plan Amendment with an acceptable equivalency matrix based on Average Daily Trips; and (iii) the JPA Agreement Amendment approval be conditioned on the adoption of the Comprehensive Plan Amendment. Mr, Rosenthal's staff report as included in the packet is on file in its entirety. 0 Planning and Zoning commission Regular Meeting May 13, 2003 Carla Baker, Senior Real Estate Project Representative for Chevron Texaco, 672413roken Arrow Trail, South, Lakeland, Florida 33813, introduced other members of their team who were present to answer questions. Ms. Baker gave the presentation for the applicant. She said the state's change in the DR1 threshold had prompted the change from Light Industrial to Commercial in their amended application. She said that change lowered the square footage of their total plan from 433,000 sf to ' 400,000 sf, so they felt additional technical review was not needed. She explained in detail how they believe the City would benefit from the mixed -use plan they propose. She concluded with a request for a motion to recommend approval of their collective applications. Ms. Baker's power point presentation is on file. Vice Chairman Golden asked about specifics of environmental concerns, where the 1' problems are and what makes this a unique problem. Ms'.', -Baker said it is not unique on agricultural land. She pointed out the areas of contamination, on the site and said they are A' arsenic is usually dig and haul, nine inches in depth. She said the primary remedyr ' which is done with development. She said to put this site into residential condition, it would be necessary to dig and haul about ' 20AC a $ 1 OM ticket, and so it is uneconomical to de-, was not willing to take the liability of placin there were no specific regulations ;written fo-r",-, said there is substantial information on,the arsi to the City. James Magazino said he is home on his property at 18 residential use and against.'co Kevin Keller,.1727 Crown F Woods Homeowners' Assoc Mr. Keller submitted d,prepa ons of soiland bring in clean fill, about )p'this 'as residential. She said Chevron iom , ds .on n contaminated soil. She said enic cleanup on agricultural land. She c in the documentation they have given .-reiitlyafes'ident of New Jersey, but he plans to build a Crown Point Woods Circle. He spoke in support of aer6ial use for the property. it Woods Circle, the current president of the Crown Point ion, supported denial of Chevron's rezoning application. I statement, which is attached as Exhibit A. Terri SUfko, 1721 Crown' Point Woods Circle, read excerpts from a letter she submitted with her Speaking Reservation Form. She said she opposed the rezoning of the Faraway Farms property, disagreed with the Land Use Map Amendment, and opposed the Joint Planning Area Amendment. Dr. Slifko, a microbiologist, also submitted the letter she had presented in June 2002 that included her findings about the arsenic contamination issue. She thanked the Chevron representatives for their willingness to meet with the homeowners and to listen to their ideas. Dr. Sli/ko's letters are attached as Exhibits B and C. 7 Planning and Zoning Commission Regular Meeting May 13, 2003 Edmond Harrison, 1350 Clarcona-Ocoee Road, whose property abuts this property on the southeast comer, spoke about a drainage ditch that had been placed along the north side of his property by Orange County in the 50's. He said the ditch drains into his property as well as the Faraway Farms property, spreading contaminants from herbicides used by the County. Ms. Baker said the Chevron Land and Development, a subsidiary of Chevron Texaco, does intend to develop this property along with a joint venture partner. Recess: 8:50 P.M. — 9:(5 P-m- Community Development Director Wagner clai a lot of existing commercial in the area some years, prior to the adoption of the interchange-inI He said the Coca Cola Property is going through in relationship to the public uses and schools, etc., as traffic and infrastructure. The two,market s substantiate the applicant's data about th6nee'd ' Toi the area. The City's studies found that the exis, the Coca-Cola property would substantially; sat need in the area. He also p out that the given to staff to review. He said the record th been provided to staff for review or have been -pr based approval, so none of the drawings ,or -mode guarantees that any of that will bebuilt. Red Staffs position.He said there is which has been there more than ten )act area concept and activity centers. review and area study of its own s , o,th4t has been studied in detail as far udie's,'that the City has done did not commercial and office development in ng,pommercial in the area and that of fy any'commercial, retail and service ailed plans presented tonight were not t none of these drawings or models has sented to them. He said this is a broad 3 is a part of this approval, and nothing As to the arsenic issue, Mr. Wagner said as the applicant has admitted, if the arsenic really is not that unique to o the site, While there is some, it apparently is not a unique situation over the. entire site. "The board needs to then consider what Mr. Rosenthal said, is this a unique site or not. "If it is not, then it definitely could set some land uses precedents for the' area in the ftiWre, and that is very significant. This is a classic land use compatibility and character issue for the area. V Mr. Blanton said his comments would speak mainly to transportation. First, with regard to traffic and the market demand for this, the market feasibility study prepared for the City which he reviewed referred to the 429 interchange at West Road as a third tier interchange, in terms of where the market would be for non-residential uses. The study cited 438 and SR 50 as more prominent interchanges for those uses. Secondly, in terms of the traffic study related to the commercial uses, there has been a reduction in square footage, but because of the changing characteristic associated with industrial and commercial, th I ere are some changes that would occur in terms of the trip generation rates 8 Planning and Zoning Commission Regular Meeting May 13, 2003 that may occur for traffic, the length of those trips, the distribution of those trips, are typically all things that are taken into consideration in any traffic study. He said staff has not been given an opportunity to address those issues. He said the applicant has referred to traditional neighborhood development (TND) or new urbanist type development. He said that is a laudable objective, but research has shown nationwide that TND's such as Winter Park Village and Baldwin Park actually generate a lot more traffic than predicted. They become regional centers that attract traffic from a much further distance and they far exceed the expectations. Mr. Blanton said the applicant has cited similar devel6pments"in terms of generating property tax revenues but the traffic characteristics of developments near 17-92 or 1-4 would be very different from those near a limited access s toll road. As to traffic concurrency, Mr. Blanton said it is small scale projects, but would not deal with the; really very comprehensive in nature. He said he and they need to be brought into the record. Vice Chairman Golden asked Mr. Blat problems on the site. Mr. Blanton said environmental consulting firm, had help reviews a year ago, but his firm had not, CDM had found was that more inform* accurate assessment of the implications issues, because the property"] there were more unanswered Vice Chairman,Qolden aE information, and Mr. Blan that were not really address Mr. Rosenthal asked i anything displayed on would be apart of the & I cific tool to deal with very tale land use changes that are those points were significant as far as environmental 6p, Dr6sser and McKee (CDM), an hem, with that review. They had done initial aged their services since then. He said what needed to be provided for them to make an the.iffipacts. There are potential drainage ),e b , asin for Lake Apopka. From their review, -.stions than specific answers. & the.applicant had been asked to provide additional I aid in the reviews they did raise a number of questions -A 3 far as they could see in the response. taff and the applicant provide the clerk with a copy of ead projector or in a power point presentation so it of the proceeding. Ms. Baker responded, with regard to Mr. Blanton's comments about commercial trips, they did take that into account. She said they lessened the square footage for commercial to match the number of trips for the light industrial mixed use as was formerly applied for. Planning and Zoning Commission Regular Meeting May 13, 2003 Ms. Baker said they had answered a plethora of environmental questions. She said there were more than 900 samplings on the site and those were put into what would typically be called a Phase 1 /Phase 2 report. She said at this point in a development scheme that should be all that is required. Member McKey asked why they are seeking C-3 zoning, in light of the number of restrictions, instead of a PUD. Ms. Baker said they had first applied in June 2001 when the Graftons still owned the property. She said if they were submitting the application today, it would probably be for a PUD. Member McKey asked Mr. Wagner what zoning would be acceptable to staff. Mr. Wagner said staff is reacting to the proposal on the floor. If the applicant wants to come back with a modified proposal, that would be fine., He said - it,would ndt,�e appropriate to deliberate "what ifs"? Member McKey said we need to look at what help surrounding area. Kevin Keller said in a survey the majority annexing into Ocoee, but they had been ad Member Riffe asked if the applica for this site in conjunction with the fear of staff and the adjoin'lng,,neig] happen?" City as well as what helps the oods residents favored - to be almost 100%. I to submit a master plan or site plan Plan. She said she thought it was the "Is this really what is going to City Attorney Rosenthal I 'responded, that staff did not ask for anything at a site plan or subdivision level. Carly on't1i6y had discussed conceptually the concept of an industrial PUD, which would have allowed a better legal format to assure the enforceability of a developer agreement imposing restrictions. He said the compromise position is that they have indicated as astaff level ,do,iidition that the Greenberg Traurig firm needs to give them an enforceability,6pin16ii- ith respect to the developer agreement and they have agreed on some procedures for consideration of the developmentagreement which they do not normally follow. Particularly when it gets to the City Commission level, they are going to follow procedures comparable to a zoning ordinance and get an enforceability opinion from them. They did not ask for that level they asked for the bubble plan PUD type approach. Member Riffe supported a PUD as the best alternative for the site, incorporating residential and possibly neighborhood commercial. She said she would not recommend approval of this application, but she does not think this is a dead site. 10 Planning and Zoning Commission Regular Meeting May 13, 2003 Member Keller asked why a golf course was excluded for the site. Ms. Baker said they struck the golf course because the City golf course is less than a mile away and the site was too small for more than 9 holes as they have only 60 to 65 acres of usable land. Mr. Keller asked why not seek a PUD now. Ms. Baker said they are really here for the Comprehensive Plan Amendment and would be willing to withdraw their rezoning application and come back later with that. Mr. Keller suggested that professional offices might be a use more acceptable to the neighbors. Ms. Baker said the developer's agreement was very restrictive and would be binding on the property. Member Rhodus asked Mr. Wagner if in the F sufficient commercial in that area they were cot said the market study is done on a global basis; actually being utilized compared to existing po area. He said all market studies are based on h+ original market studies from this developer to s have relied on the City's study for its developn adjacent property owners would want commen successful. Mr. Wagner said they have weekl around this interchange. He said this is a large character of the area. Member Campbell asked 1V this Owner. Mr. Rosenthal is how we would prefer that the property at the time of tb said the staff may have'prefe how it gets presented to P& whether or not that was a go ability to dictate. - He said fr which he could assur T&Z being imposed would�be,eni ability Study finding that there was ingAhe closed stores,_Mr. Wagner l then they.,determine how much is ation ancl�predicted future growth in an etaps.- , e said they have asked for port what they are requesting and they t. Member Rhodus asked why zoning if this project were not aquiries about potential development ough niece that it will dictate the future )senthal if there;,was an actual decline of PUD status by It was his recollection that they had told them that that Vlication move forward. He said the Graftons owned iscussions, and they were not interested in doing it. He §` but the applicant gets to make the call in terms of ,nd P&Z and City Commission make the call as to bad business decision. He said staff does not have the legal standpoint, he viewed it as a better mechanism by he City Commission that whatever restrictions were tble and sustainable at the end of the day. He said that led to an in-between position of a development agreement — a PUD without the bubble plan and without the samedetail levels of conditions of approval. If this was a PUD application, you would have the bubble plan, specific buffers defined, traffic issues addressed, and specific locations for retail and commercial, which you do not have now. He said his caution would be, and from a timing standpoint, if you were to have a Comprehensive Plan Amendment approved and adopted, the applicant then has a legal entitlement to commercial zoning consistent with the CP, and were that to occur prior to a PUD ordinance, there would be no assurance or guarantee that that would happen. He said from a procedural standpoint, they try to dual track things. He said clearly a PUD 11 Planning and Zoning Commission Regular Meeting May 13,2003 process would slow down where we are now, but that is something that could legally be worked with. Member Campbell asked when Chevron assumed ownership of the property. Ms. Baker said they had begun initial discussions with the City about this property and its development in January 2000. She said there were no Large Scale Land Use Amendment windows open at that time. They submitted their collective applications in June of 2001, and Chevron actually took title to the property at the end of b6c'ember 2001. Member Campbell asked for clarification of the "Equi Mr. Rosenthal's staff report, and Mr. Rosenthal explali, Member West said he appreciates the homeowners? vie "" project as conceptually proposed would be an asset. He with the market studies that municipalities do, as he`'Ith,ql supply and demand of what is needed. Julie Kendig-Schrader, Greenberg Try with Ms. Baker and it has become obvi( these plans, they have a commitment to Baker, Chevron is committed rezoning request to commerci CPA to proceed, pending they The public hearing was Member cKey expresses improvements in order to a: that. data on page 3 of but he ilibught the the sometimes has problems the market should be the said she had spoken 'to -do d'PUD here. They have made s . ,e plans, and from speaking to Ms. aid if they need to withdraw their ) do that at this time and just allow the in accordance cordance with the PUD ordinance. at the capacity of the road and the need for road from development already approved. Member Riffe said she would`,ti6t support a CPA to change the site to commercial as she thought it was not an appropriae site for all commercial. Member Keller asked 'ift, ', "arsenic issue would preclude using the site for residential. Mr. Blanton said early onihe applicant had said it would be cost prohibitive, but staff does not have a quantification of what that is. Member Keller asked, in light of the applicant's willingness to change to PUD, if the wording of the CPA should be changed or if a continuance should be considered. Mr, Rosenthal explained various options. 12 Planning and Zoning Commission Regular Meeting May 13, 2003 Vice Chairman Golden said he was not sold on changing the CP to commercial and that the project should have been a mixed residential and commercial. He said soil standards are changing and it was a common remediation technique to pave over the contaminated areas. He said traffic issues remain to be worked out, he still has a lot of questions, and could not support this. Member Rhodus said she appreciated the applicant's presentation and would not mind living across the street from the model the applicant presented,/ "She agreed with Member as well as other members comments. McKey's issues with the roads Member Campbell said transportation was one of the'big issues for him. He said while he applauds what they would like to do, be thought' mixed use with some residential would be more appropriate for the area, and that h6,was in consensus with the rest of the Commission at this point. Member West said he thought the roadway would not be the big problem in light of the expressway and the four-laning of Clarc.ofia-Ocoee Road , ,,He said he thought the big * " I , problem lay in satisfying the City and the homeowners asI&I'w1hat was really going to be there. He said it was a very nice presentation, but that hecould see everybody's concerns. Responding to a question by Meh&r McKeY' about procedure, Mr. Rosenthal I I '" suggested, if the board wished to consider a fall -black position, that they have the applicant come back up to give, their position so the board does not direct staff to do something the applicant is not, .interested in doing. He said even a denial would get the applicant to the City Commission for a definitive, binding vote, and a continuance would not get them to the City. Commission. Julie Kendig-Schrader, Greenberg Traurig, attorney for the applicant, said what she had " i' indicated was that -'they would come back with a commercial PUD. She said anything beyond that she had riot discusse'd with Ms. Baker, so Ms. Baker would need to address Al it. recommend denial of the ro osed forte Faraway-. Zoning CO Plannm Area Land Use 1ylala amendment Case No. Farms/Chevron Amendment Case JPA-01-0 No.CPA-99 and ent Case No. RZ-0-1 -0(-- 0 1. Motion carried —7-0. 13 Planning and Zoning Commission Regular Meeting May 13,2003 Attorney Rosenthal advised the p&Z that they have not set a date for this to go to the City Commission. He said from a staff standpoint, they would proceed with the preparation of appropriate ordinances and determine the schedule for this to go to the City Commission with the P&Z's recommendation of denial. OLD BUSINESS None y to keep to a , have one Chairman 14 Exhibit "A" to Minutes of Planning and Zoning Commission Meeting May 13, 2003 May 13, 2003 City of Ocoee Planning and Zoning Commission RE: Chevron Property rezoning request My name is Kevin Keller and I am a homeowner in Crown Point Woods. I am also the current president of our homeowners association and I know that many of the residents have the same feelings about this issue as I do. I Chevron's interest in requesting g the re -zoning is not to accommodate their use of the land or r� benefit the Ocoee community, but rather facilitate Chevron's abilityto sell-off a liability, s a chance. Changing the zoning is the easiest and is the main reason Chevron is requesting a zoning H ility Thi I 1_� 4:1 least expensive way to eliminate their liability for the contamination. Ocoee should not change the zoning of a property because the owner has made the property unusable for it's current purpose. 2. Chevron does not intend to develop the property. If they have a planned use for the property, then let them present those plans just as any other owner would have to do. Chevron is showing lots of pretty pictures, but they have no firm plans to develop the land as such. They intend to 'sell to a developer and we have very little idea what will be built later. 3. , There is no current need for this property to be zoned commercial. The only thriving commercial areas are currently along state route 50. Except for the Silver -Star and Clarke Road intersection, anything not on route 505 cannot be sustained, as evidenced by the closine, of the Don Pablos restaurant only 1-1/2 blocks off route 50 next to the West Oaks mall. Other examples are the empty and decaying properties within the mile radius around Silver Star and Ocoee -Apopka roads, only 1-1/2 miles from the Chevron property. According to the local land use plans, the residential developments being built to the north have already been allocated commercial areas to support their needs, Adding I 00-acres of commercial development in this area is not needed. 4. Changing the zoning at this time is not necessary. Last year, Chevron r I equested Industrial Zoning 7 and presented studies to show why it needed to be industrial, now they request Commercial Zoning and are showing more studies to justify cominercial. This shows they have no real plans for the property. Our investigations indicate the arsenic standards may be changed, making the property suitable for its current residential plan without a major cleanup. The Ocoee community should allow for these future possibilities. 5. In conclusion, I would like to remind everyone of both Ocoee's and Orange County's goals and objectives in their Comprehensive Plans. These plans ". —shall ensure that future land use changes are compatible with or do not adversely impact existing or proposed neighborhoods." The proposed changes fail both of these tests. Allowing the proposed changes will adversely affect the residential character of our neighborhood and adversely impact future surrounding residential plans. The requests for chances are only in Chevron's self -interests meant to profit Chevron and abandon their responsibilities for the contamination they caused. Ocoee should deny the requested chances for rezoning. C, Sincerely, Kevin Keller 1727 Crown Point Woods Circle Ocoee, FL 34761-3720 407-905-0586 cpw@kepoco,com Exhibit "B" S_ /S 4 3 to Minutes of Planning and Zoning Commission Meeting May 13, 2003 Theresa R. Slifko, Ph.D. 1721 Crown Point Woods Circle Ocoee, Florida 34761 May 13, 2003 City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761-2258 ATTENTION: Planning Department — Russ Wagner Planning and Zoning Advisory Board — Pat Bond District #1 City Commissioner — Rusty Johnson SUBJECT: Faraway Farms, SEC Ocoee Apopka Road and Fuller's Cross Road, Ocoee, FL Comprehensive Plan Amendment (CPA-0 1 -002), Joint Planning Amendment (JPA-0 1 -00 1) and Rezoning Application (RZ-01-06-01). 0 To Whom It May Concern: I am a resident of the Crown Point Woods Subdivision in Ocoee, Fl, which as you know, is the subdivision on the west side of Ocoee Apopka road, directly across the street from the "Faraway Farms"/"Grafton"/"Chevron" property (County parcel ED 07-22-28-0000-00-00 1) that is subject of a rezoning from the current status of Low Density Residential/Conservation (R- 1 AA) to "Commercial/Conservation". I am writing on behalf of my husband and stepson Tom and Chad Schiferl, respectively. Let it be known that we STRONGLY OPPOSE rezoning the Faraway Farms property from it's current status. As you are already aware, I have been involved with researching the zoning g request and have presented the details of the documents to the Crown Point Woods Homeowners Association on May 9, 2002 and to the Ocoee Planning and Zoning Commission on June 11, 2002, My opinion about the soil contamination has not changed but I would like to emphasize several other concerns why the zoning should not be changed. Briefly: C) Approving the zoning request will significantly change the character of the area. Existing 0 commercial property is currently unkempt in several developments along Ocoee -Apopka Road south of Fuller's Cross Road to Highway 50 are apparent. Further, there appears to be a lot of property in the vicinity that is currently for sale or under-utilized. I strongly oppose building more commercial property since there does not appear to be commerce able to support the existing commercial development. The proposed Chevron development may also become under-utilized and eventually difficult to maintain. t ❑ This area will be the gateway to the new Coke property developments. If the area is not carefully planned, permanent changes in the character of the area are imminent. It follows that, should the property be developed as commercial, it would be more likely that adjacent properties would similarly be developed. This would obviously change the character of the area from the residential development currently planned. It is my opinion that it is too early in the development of the area to predict that more commercial developments are needed at this time. It would be helpful if a land use study could demonstrate the need of such development. ❑ Building commercial development adjacent to high end residential neighborhoods may affect long-term property values of the surrounding neighborhoods and may also lead to justified rezoning requests from adjacent property owners, further impacting property values. The homeowners at Crown Point Woods have invested a lot of money in their properties with hopes that the future residential developments in the area will increase property values. Commercial development directly across the street from the subdivision may affect the rate our property values grow with time. ❑ I do not agree that that particular plot of land would be beneficial to users of the 429 toll road. If the need for commercial property existed in this community, I would think that the other already zoned commercial properties would be utilized, however many are not. in closing, I would like to acknowledge the Chevron representative for their willingness to share their ideas and solicit our own ideas of what that property should be developed as. appreciate your consideration of my concerns and hope that my efforts will be justified and that the rezoning request will be denied. I feel very strongly about this issue and have spent a great deal of time and effort to understand and convey this matter, Should you have any questions about my findings, please do not hesitate to contact me. Best regards, Theresa R. Slifko Thomas J. Schiferl And Chad J. Schiferl M 2 Exhibit "C" to Minutes of Planning and Zoning Commission Meeting May 13, 2003 June 11, 2002 City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761-2258 Theresa R. Slifko, Ph.D. 1721 Crown Point Woods Circle Ocoee, Florida 34761 ATTENTION: Planning Department — Russ Wagner Planning and Zoning Advisory Board — Pat Bond District #1 City Commissioner — Rusty Johnson SUBJECT: Faraway Farms, SEC Ocoee Apopka Road and Fuller's Cross Road, Ocoee, FL Comprehensive Plan Amendment (CPE-0 1 -002), Joint Planning Amendment (JPA-0 1 -00 1) and Rezoning Application (R-Z-01-06-01). To Whom It May Concern: I am a resident of the Crown Point Woods Subdivision in Ocoee, Fl, which as you know, is the subdivision on the west side of Ocoee Apopka road, directly across the street from the "Faraway Farms"/"Grafton"/"Che,,,ron" property (County parcel ID 07-22-28-0000-00-001) that is subject of a rezoning from the current status of Low Density Residential/Conservation (R-IAA) to Light Industrial/Conservation (1-1). 1 am writing on behalf of my husband and stepson Tom and Chad Schiferl, respectively. Let it be knoNvii that we STRONGLY OPPOSE rezoning the Faraway Farms property to I- I Restricted Manufacturing and Warehousing District, As a concerned resident with vested interest in my home and neighborhood, I have been involved with researching the zoning request and have presented the details of the documents to the Crown Point Woods Homeowners Association on May 9, 2002. Further, I have evaluated the Faraway Farms Site Activities Disclosure Report (Environmental Study), April 25, 2001, as well as the Phase LqI Environmental Site Assessment for the Proposed Grafton High School Site prepared for Orange County Public Schools. It is apparent that the proposed zoning change is based upon the "elevated" arsenic levels in the soils on the Faraway Farms property which is assumed to be a direct result from the Chevron Chemical Company using the land as an agricultural research facility for about 30 years. After careful consideration of the data, I disagree that the arsenic levels on the Chevron property justify changing the current zoning from RI -AA to 1-1. 1 hope the following information will encourage the committee to deny the zoning request. In order to investigate possible contamination of the site from Chevron's pesticide research, several site evaluations were performed including the Site Screening Investigation, August 1990, Environmental Conditions Report: Chevron Chemical Company Research Farm, January 1994, Phase IM Environmental Site Assessment, October 1998, and the 2000 Site Activities Disclosure Report for the Faraway Farm Property, Ocoee, Florida, April 25, 2001. These reports clearly indicate that each tract of land has a use history available and that the pesticide and herbicide levels tested were recorded so that there were specific areas where if arsenic was detected in the soil, the levels should correspond with historical use. These reports also identify the levels of chemical constituents in the ground water and soils. With the exception of the arsenic levels detected in the soil, no violations of the soil and groundwater parameters regulated by the United States Environmental Protection Ag6ncy were detected. Arsenic was detected at low levels in the soil but not in the water in the four site evaluations performed (the 2001 site evaluation performed sediment analysis and not ground water analysis). It was therefore concluded that the site - wide arsenic levels exceed current State of Florida guidelines for residential development (0.8 mgikg) but are lower than the soil clean up goal for commercial property (3.7 mg/kg). Therefore, the 2001 report recommended that in order to utilize the property in the current status, the site should be "...re -zoned from residential use to commercial/industrial use". Chevron is basing their request for the zoning change on the 2000 Site Activities Disclosure Report that appears to be a comprehensive analysis of the site -wide arsenic levels in the Soils on Faraway Farms. The 2001 Report described 3 sampling events with 2 focusing on suspected areas (designated "Area V and "Area 2") to have elevated levels (based on previous testing). The third event was conducted according to Florida Department of Environmental Protection guidelines to characterize the entire site's soil arsenic levels. The zoning request change by Chevron is based upon the third event because it adequately describes the average site -wide level of arsenic in the soil and includes soil depths required by FDEP risk assessment guidance. In summary, of the 329 soil samples tested, there was a site -wide average of 3.1 mg/kg, The highest levels detected were located in Areas I and 2 where 291 soil samples were taken. The average arsenic levels for Area 1 and 2 were 0.81 (range 0.2 to 15.8 mg/kg) and 6.1 (range 0.9 to 18.8 mg/kg), respectively. Collectively, this demonstrates that there may be isolated areas that have elevated arsenic levels, and that the entire property may not be "contaminated." It is relevant to note that no attempt was made to establish local arsenic background levels in order to determine if the arsenic levels detected on the Faraway Farms property were indeed a result of the Chevron activities or if the detected levels were normal for the areas surrounding the property (see attached description of arsenic [http://www.metrokc.govihealth/tsp/arsenic.htm])'. Table I shows published arsenic background levels for Florida Soils with comparison data from other sources. Clearly, several reported background levels meet or exceed the site wide levels detected at the Chevron property, which suggests that the detected levels are normal for the State of Florida. Table 1. Arsenic Background oils (adopted from Ma, 1999; Chen, 2001). Area Reported Background Arsenic Reference Level (mg/kg) Florida: random soil samples 0.02 to 7.01 Chen,1999 Florida: pristine soil samples 6.21 Chen, 2001 Florida: area not defined 1.1 Ma, 1997 Arizona 7.8 Boemgen & Shacklette, 1981 California 2.8 Bradford, 1996 U.S. 5.2 (1.0 to 25.9) Shacklette & Boemgen, 1982 World 11.3 Fergusson, 1990 Dr. Lena Ma, an expert on remediation of contaminated soils, waters, and aquifers, has been a consultant for the Florida Department of Environmental Protection to help develop new arsenic guidelines for Florid. After a 'phone discussion with Dr. Ma, I became convinced that the site wide arsenic average of 3. 1 mg/kg may be normal for the Florida and at such a low level, may meet revised regulatory guidelines, Dr. Ma explained that the existing data on baseline concentration (of trace elements) in Florida soils are inadequate for determining how clean is clean for cleaning up contaminated soils, and that "...levels of 0.81 mean nothing," She said that 3.1 mg/kg is normal for Florida and described a study she is currently conducting to document the background levels in 200 soil samples in urban Miami in residential 1 Arsenic is a naturally occurring substance and is found ubiquitously throughout the world. PA neighborhoods. Of the 60 to 80 samples collected thus far, none were less than 0.8 mg/kg. She also said that any ordinary potting soil might contain arsenic levels higher than 3.7 mg/kg (Table 2). It is interesting that recently reported soil arsenic concentrations at 6 golf courses that ranged from 5.3 to 250 mg/kg (Ma 2000). Table 2. Arsenic Levels in Commercially Available Lawn and Garden Products (adapted from Gradient Corporation report: http://,x,tivw.gradcorp.com/). Arsenic Concentration (mw'kR) Product Martha Stewart Rose Fertilizer 5.7 Miracle-Gro All Purpose Lawn Fertilizer 6.1 Scotts Bulb Planting Soil with Bone Meal 0-.1-0 48.5 Scotts Weed and Feed 27-4-4 82 Vigoro Premium Lawn Fertilizer 27-2-5 11.6 While the arsenic background levels detected on the Chevron property appear to be "normal background levels" for Florida soils, current Florida DEP guidelines still recommend restricting residential development unless arsenic levels are <0.8 mg/kg. Florida's Cleanup Level Criteria are based upon a I in one million risk of getting cancer if consuming water contaminated with arsenic. This rationale does not seem appropriate for a contact based exposure route. Extensive research has and is currently being conducted to challenge the risk -based guidelines in order to support revision.'` Table 3 shows a comparison of State cleanup levels for soil arsenic. Table 3. Examples of State Cleanup Levels for Soil Arsenic (adapted from Gradient Corporation report: http://www.gradco State Residential Cleanup Rationale Reference Criterion (mg/kg) Connecticut 10 Background CTDEP, 1996 Florida 0.8 10-6 cancer risk FLDEP, 1999 Massachusetts 30 Background MADEP, 1994 New Jersey 20 Background NYDEP, 1999 Pennsylvania 12 10-5 cancer risk PADEP, 1997 Texas 24 Tier I Residential Protective TNRCC, 2001 Concentration level Washington 20 Residential land use Washington State Dept. of Ecology, 2001 Anaconda, 220 Background Lamm, 2001 Montana' 'One of the most intensely studied arsenic environments in the world (Lamm, 2001). Recently, a Rule Development Workshop was held by FDEP to discuss the impending changes in the Contaminant Cleanup Target Levels (see attached May 7, 2002 agenda) for Florida. These guideline amendments will soon change the cleanup criterion levels to more realistic and appropriate levels for Florida' Once these guidelines are changed, the Chevron property may no longer be limited to Commercial/Industrial development. For example, even if Florida chose to keep the risk based method for developing guidelines, a change from a one in a million chance to one in one -hundred thousand chance of getting cancer may increase the Residential Cleanup Criterion relative to those in Pennsylvania (Table 3.) 2 Cleanup criterion guidelines for Florida are based upon a risk assessment analysis 3 Besides the detailed explanation above, I have several other concerns why the zoning should not be changed. Briefly: ❑ Approving the zoning request will significantly change the character of the area. Industrial developments south of Fuller's Cross Road to Highway 50 are an eyesore, and I suspect the proposed industrial development will not be much different. Further, there appears to be a lot of property in the vicinity that is currently for sale or under-utilized. Regardless, if there is no commerce to support the industrial development, the Chevron development may also become underutilized and eventually difficult to maintain. o Building an industrial development adjacent to high end residential neighborhoods will affect long-term property values of the surrounding neighborhoods and may also lead to justified rezoning requests from adjacent property owners, further impacting property values. The homeowners at Crown Point Woods have invested a lot of money in their -properties with hopes that the future residential developments in the area will increase property values. An industrial development directly across the street from the subdivision will affect the rate our property values grow with time. Our family purchased our home knowing some day there would be development all around us and our existence in a rural area would be short-lived. We would not have invested our money on the purchase in the Crown Point Woods subdivision knowing that an industrial park would soon be built across the street. a Finally, I believe that if Chevron builds an industrial development on such a large property, much of the property would be paved, primarily to contain what is referred to as "high" arsenic levels. Paving this high recharge soil may impact and reduce ground water recharge in the area and could lead to further strains on the environment. The recent news article "Paving it Over" encourages planners to consider the future and take in to account long-term effects of extensive paving. Chevron has requested the rezoning primarily to cover up the "contamination" with pavement so they will not have to remove the soil. This is a short-term fix for a problem that, as described above, may not exist. In closing, I appreciate your consideration of my concerns and hope that my efforts will be justified and that the rezoning request will be denied. I feel very strongly about this issue and have spent a great deal of time and effort to understand and convey this matter. Should you have any questions about my findings, please do not hesitate to contact me. Best regards, Theresa R. Slifko, Ph.D. Thomas J. Schiferl And Chad J. Schiferl M Attachments NOTE: References available upon request 0 ' \ _ �� � c�~� Faraway Farms Zoning Meeting Theresa R. Slifko, Ph.D. Crown Point Woods Resident ` SiQn(fiomntlychange character ofarea ^ Impact long term propertyvalues mf surrounding neighborhoods ~ Lead tojustified rezoning requests from adjacent property owners ^ Lead todevelopment oflarge paved area which will impact ground water recharge, thus leading tofurther strains on the environment ` What isit? / ^ How can you bmexposed? How does it affect your health? Faraway Farms Arsenic Results Summary 20OOetudy ^ 329soil samples tested ^ Site wide avenmge= 3.1 mg/kg ~ Highest levels -Site wide = 17nng/kg (data point not used in statistical analysis) -Area1 =0.B1 (range O.245JDmg/kg -Area 2=6.1(range O.9-1O.8)mg/kg l JIM 1 M M th� University of Florida Arsenic expert Romadiadunofcontaminated soils, waters and aquifers Research centers around developing background information onmetals insoils and has been aconsultant for FLOEPfor developing new Arsenic guidw|ines. What about the rest of Florida soils? Baseline concentrations ofArsenic ln448 random soil samples covering DO%of Florida were 0.02~7.01 mg/kg (Chen 1988) Baseline concentrations ofArsenic |n pristine soil samples were S.21 mg/kg (Chan2OO1) Arsenic levels in Commercially Available Lawn and Garden Products Product Arsenic conc. Martha Stewart Rose Fertilizer 53 Miracle.Gro All Purpose Lawn Fertilizer 6.1 Scotts Bulb Planting Soil with Bone Meat 0-.1-0 48.5 Scotts Weed and Feed 27-4-4 8.2 *Reported soil arsenic concentrations ategolf courses ranged from 5umu50 (avg. 69 mglkg) (Ma 2000) What dothese Arsenic levels really 0onanY "Existing data on baseline Florida soils are inadequate for cleaning up contaminated soils." Background Arsenic Levels inthe United States (Ma 1999) • Range from 1 to 25.9 mg/kg -Average 5 to 7 mg/kg • Variation is due to differences in geologic conditions, soil content, and impacts from natural and anthropogenic sources State *Reported soil arsenic concentrations ategolf courses ranged from 5umu50 (avg. 69 mglkg) (Ma 2000) What dothese Arsenic levels really 0onanY "Existing data on baseline Florida soils are inadequate for cleaning up contaminated soils." Background Arsenic Levels inthe United States (Ma 1999) • Range from 1 to 25.9 mg/kg -Average 5 to 7 mg/kg • Variation is due to differences in geologic conditions, soil content, and impacts from natural and anthropogenic sources State Residential Cleanup Criterion (mglkg) Rationale (source) Tx 24 Tier 1 Residential Protective Conc. We 20 Residential land use (WA Ecology, 2001) III currentCleanup goals and guidelines are currently changing. contaminated soiis are still under development and vary greatly locally, nationally, and internationally. "Variations in these guidelines indicate aneed for standardization onhow cleanup criteria are eetobhshad." <Ma20V1> IrTMEMEM Novel, Brake Fern M ifthe site wide arsenic levels meet the new guidelines, then there really isnot apnob\em utFaraway Farms "Hot spots" clearly identified in reports Only romed\atethe hot spots 3 Crown Point Woods Homeowners Association Meeting May 9, 2002 Timeline of Events • 1947-1998 - property used for growing citrus and other truck farming crops 1962.1993 - Chevron Chemical Company leased the site in part or total for use as a pesticidetherbicide field research station 1990, 1993, j 998 - environmental investigations were conducted to determine it chemical residues were present In the soil and groundwater 2000 - additional soil investigations were conducted - April - July - November June 11, 2002 - Public Hearing with the Planning & Zoning commission - for VOTE 4*=M11 t July 16, 2002 - Proposal goes to City Commission for review & VOTE Proposal will then go to the State of Florida for review & final decision Agenda • Grafton Property History • Master Plan in area • Faraway Farm Property Site Activities Disclosure Report • Options • Discussion 2001 April - Site Activities Disclosure Report & Traffic Analysis June - Comprehensive Plan Land Use Amendment Application & City of Ocoee Application for Annexation and Rezoning July - Joint Planning Area Amendment Letter August - First review of Application November -Second review of Application 2002 January - Chevron acquisition of Grafton property February -Third review of Application North-West City of Ocoee Future Land Use • 4 lane Ocoee/Apopka Rd. (437) 4 lane West Rd./Fuiler's Cross • Convenience stores near 429 ramp • Cocoa Cola Property - School 0_ - Park - Shopping/restaurants - Residential 1 ^ What |sit? ~ ~ How can you beexposed? • How does it affect your health? Definitions Request to change from "Residential/Conservation Land Use" To "Itclustrial/Conservation Land Use". 5-araway Farm Property Site Activities Disclosure Result Summary ^ Arsenic is only chemical contaminanat site that affects land -use decisions ` 328 samplesucharacterize ooU' arson/r/eve/sac/vss".==`" ~ level (3.1 /k) d FDEP-u\d�|me�for residential use (0.VmQlkg) but islower than the soil clean upgoal for commercial property (3.7mQ/kg) ~ One area with arsenic levels >11.1mg/kg should 6mcovered Farawa Farm Property Site Activities Disclosure Report Objectives ^ Determine site -wide distribution and concentrations ofarsenic |msoil ^ Determine potential risk, if any, to humans exposed tosoil bound arsenic ` Select appropriate land use alternatives based onstudy ^ Determine what remedial actions needed, iY any, based upon selected land use considerations and site -wide soil -arsenic levels Definitions SingleFam Dwelling District or Low Density Residential— family dwellings with larger lots; also used for educational, religious, utilities, and noncommercial recreational needs Restricted Manufacturing and Warehousing District — allows trucking, warehouse, bus and auto repair, motor vehicle wholesale, recreational vehicle parks, radio stations, etc... Ph),qoremediation? -novel, efficient, environmentally friendly, low-cost technology which uses plants to clean up heavy metals and other toxic compounds from contaminated Brake Fern 2 60 so twS gip. 40 TSr 30 20 u. io 0.8 2.4 4 51 7.3 8.9 i0.5 12A 118 ISA 17 Soil Arsenic to va I a (m %rk 9) m Planning, and Zoning Commission Meeting • Tuesday,- 10, 2003 DRAFT T A E T 7 11 IT, VIFESl V F _M'o 10 ISWIVITT REGULAR MEETING HELD TUESDAY, JUNE 10, 2003 4�S LOCAL PLANNING AGENCY Chairman Bond called the meeting to order at 7:05 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Bond, Vice Chairman Golden, Members Campbell, Keller, Landefeld, McKey and West. Also present were Chief Assistant City Attorney Cookson, Community Development Director Wagner, Planning Manager Lewis, and Deputy City Clerk Maxwell. ABSENT: Members Rhodus and Riffe, who were unexcused and also OCPS Representative Foltz. FOREST TRAILS SUBDIVISION -PRELIMINARY SUBDIVISION PLAN PUBLIC HEARING PROJECT No. LS-03-002 Planning Manager Lewis presented the staff report for the proposed Preliminary Subdivision Plan for the Forest Trails Property which proposes 136 single-family residential lots on 62.2 acres located along the north side of Clarcona Ocoee Road about 1,000 feet west of Apopka -Vineland Road. The property is zoned R-1AA requiring minimum lot width of 75 feet and lot size of 9,000 sf. The site is covered with a mixture of planted pine trees, oak trees and other varieties of trees scattered around the property. The northern edge of the property abuts the West Orange Trail, and the western edge abuts a wetland area that is associated with Trout Lake, which will be covered by a conservation easement dedicated to the City. The surrounding land to the north and west is not in the City. It is undeveloped with Orange County A-1 zoning. To the east the land is also not in the City, and is also undeveloped, but with Orange County C-1 zoning. On the south side of Clarcona Ocoee Road, the property is zoned R- 1 AA in the City and is currently under construction as the Windstone at Ocoee Subdivision. The developer is requesting one waiver from the normal Code requirements to allow a block length greater than 1,000 feet, which would also allow a larger open space buffer along the West Orange Trail. This waiver was approved for the Windstone Subdivision. Planning staff supports this wavier request. In 1994, Orange County, the City of Ocoee and Battaglia Fruit Company entered into a Tri-Party Agreement that addressed certain issues related to this property in an effort to Planning and Zoning Commission Regular Meeting June 10, 2003 protect the Clarcona Rural Settlement Area from expanding urban growth. Recently an Amendment to the Tri-Party Agreement was approved and one of the requirements is for the Developer to notify prospective buyer(s) in writing and by visual display that the adjoining property to the east is zoned commercial. On May 27, 2003, the DRC reviewed the Forest Trails Preliminary Subdivision Plan and voted unanimously to recommend approval with minor changes, which have been incorporated on the plans date stamped received June 5, 2003. Mr. Lewis concluded with Staff s recommendation for approval of the Preliminary Subdivision Plan for Forest Trails Subdivision, as date stamped received by the City on June 5, 2003, including the requested waiver. The public hearing was opened. Kevin Krammer, with PDA, the engineer for the project, was present to answer questions. Board members asked several questions to which Planning Manager Lewis and Mr. Krammer responded. (Responses underlined). Would parking be provided for use of the West Orange Trail? The plan does not provide parking for the West Orange Tail. Would a tree analysis be done before any trees are removed/destroyed? A tree analysis would be done to preserve as many trees as possible. Can the county change the zoning for the land surrounding the subdivision? The county has the option to change the zoningfor the land surrounding the subdivision. Is it necessary for the trees backing up to the West Orange Trail (Lots 15-22) to be removed due to grading needs? There will be a 15 ft undisturbed buffer provided along the trail. If an existing grade is lower than the top of the pond, areas will need to be filled in order to raise the gade and some trees will need to be removed in those areas. Will the lift station have fencing around it? Orange County requires lift stations to be fenced with a locked gate. Will the retention pond be fenced? The retention pond is a "dry pond" and will not be fenced. 2 Planning and Zoning Commission Regular Meeting June 10, 2003 The public hearing was closed. In response to questions regarding the removal of trees, Mr. Krammer said a final plan would show proposed trees to be removed. In response to questions regarding low areas to be filled, Mr. Krammer said lots 15-22 and lots 39-44 will need to be filled due to low areas. Mr. Krammer further stated a condition of approval is, if prior to receiving a Certificate of Completion, the Clarcona Ocoee Road widening project is not complete, the developer will be required to provide a left turn lane and a right turn taper into the subdivision. A public access easement will also be provided to the West Orange Trail, allowing pedestrian access through the subdivision to the trail. There will be a 6-foot brick wall with appropriate landscaping along Clarcona Ocoee Road. Member cKey asked specifics of the Tri-Party Agreement that addresses the land to the east end of the property that is zoned commercial. Chief Assistant City Attorney Cookson stated that prior history has been that developers have not made prospective buyers aware of the surrounding zoning. As part of the release of the easement on the east end, the sales office personnel must provide notification to prospective buyers of the zoning. As part of the Tri-Party Agreement Amendment, it is required of the developer to provide written notice to prospective buyers before they purchase lot(s) adjacent to the commercial zoned property. Chairman Bond stated she would like to see a written notice disclosure become part of the Contract Sale and Purchase on the lots that are compact and contiguous to the commercial property. Karen Spallina, Vice -President of E.H. Development, stated the disclosure document was intended to be a part of the Contract Sale and Purchase that would be signed by the seller and buyer(s). Vice Chairman Golden, seconded by Chairman Bond, moved to recommend Ocoee City =Commission =approval =2L=Itlhe�Preli�minaiy Subdivision Planforthe Forest Trails Subdivision, Project No. LS-03-002, as date stamped received by the City onJune 5, 2003, including the requested waiver, and to provide a Tree Preservation Plan (lots lots 15- 44). Motion carried I a Planning and Zoning Commission Regular Meeting June 10, 2003 Community Development Wagner stated there will be an on site tour of the property, a survey will be done along the northern edge of the property, and a review will be done as to the impact to the trees in the low areas. r Affl "JAI I RM.MW None OTHER BUSINESS Chairman Bond announced her resignation effective immediately due to moving out of the area. City Manager Gleason presented Chairman Bond with a City of Ocoee watch and the Ocoee City Commission will be ordering Ms. Bond an oak rocker or swivel chair. The board members wished Ms. Bond the best of luck. The meeting was adjourned at 8:07 p.m. Attest: Brenda Maxwell, Deputy City Clerk Pat Bond, Chairman Annexation i<Initial :.; r -f,reliminary Subdivision Plan LS-02-008 Mayor S. Scott Vandergrift City Manager Jim Gleason Center of Good Commissioners Danny Howell, District I Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 June 26, 2003 The Planning and Zoning Commission Robert Lewis, AICP, Planning Manager Russ Wagner, AICP, Community Development Director Adair Pointe — Annexation & Initial Zoning (Project # AR-02-10-07) ISSUE: Should the Planning and Zoning Commission recommend approval of annexation and initial zoning to R-1 for the Adair Pointe property? With respect to state annexation municipalities the authority to annE • wa�•! Planning and Zoning Commission June 26, 2003 Page 2 of 2 At this point there are a few legal documents that need to be properly executed and a couple of other comments from the City Attorney to be addressed (see attached memo from the Assistant City Attorney dated June 13, 2003). The Applicant has indicated that these comments will be addressed prior to the City Commission meeting. ITAX if "#I Attachments: Copy of Public Hearing Advertisement Location Map Surrounding Zoning Map Surrounding Future Land Use Map Annexation Feasibility Report City Attorney Memo dated June 13, 2003 0:\Staff Reports\2003\SR03058 P&Z.doc 0 CITY OF OCOEE NOTICE OF PUBLIC HEARING ADAIR POINTE SUBDIVISION ANNEXATION / INITIAL ZONING -AR-02-10.07 PRELIMINARY / FINAL SUBDIVISION PLAN - LS-02.008 NOTICE IS HEREBY GIVEN, pursuant to Sections 1.10 and 5.9, Ocoee Land Development Code, that on Tuesday, July 8, 2003 at 7:00 P.m., or as soon thereafter as practical, the PLANNING AND ZONING COM- MISSION will hold a PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider an- nexation and initial zoning of certain real property (about 3.52 acres) at 1810 Adair Street. If approved, the annexation would Incorporate the property into the City of Ocoee. if approved, the Initial Zoning would establish on Ocoee zoning classification of R-1, "Single Family Residen- flat". The PLANNING AND ZONING�COMMISSION will also hold a PUBLIC HEARING to consider the Preliminary/Final Subdivision plan for Adair Pointe. Pursuant to Section 5.9(B) of the City's Land Development Code, the Com- munity Development Director has determined that the requested annex- ation Is within the Ocoee -Orange County Joint Planning Area and is consis- tent with the Ocoee -Orange County Joint Planning Area Agreement and with the Ocoee Comprehensive Plan. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Community Development Depart- ment -Planning Division, 150 North Lakeshore Drive, Ocoee, Florida, be- tween the hours of 8:00 a.m.and 5:00 p.m., Monday through Friday, except legal holidays, The Planning and Zoning Commission may continue the public hearings to other dates and times, as it deems necessary. Any Interested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. Interested parties may appear at the public hearings and be heard with res- pect to the proposed Annexation and Initial Zoning. Any person wishing to appeal any decision mode during the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings 1s made which includes the testimony and eviden- ce upon which the appeal is based. Persons with disabilities needing assist- ance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905.3105. OLS51005N JUN,26 2003 Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan 1.1111 1111 Jj- I Adair Pointe --Case # AR-02-10-08 (County)A-1 "Citrus Rural District" to (City) R-1 "Single Family Dwelling" Surrounding Zoning Map N E At - Ocoee Community Development Department Scale: 1 inch = 600 feet 0 300 600 900 1200 Feet Printed: July 2003 LEGEND C3Subject Property Unincorporated Territory and Other Muncipalities Zoning Classification: A-1, General Agriculture A-2, Suburban R-1AAA, Single Family Dwelling R-1AA, Single Family Dwelling R-1A, Single Family Dwelling R-1, Single Family Dwelling RT-1, Mobile Home Subdivision District R-2, One and Two Family Dwelling R-3, Multi Family Dwelling P-S, Professional Offices and Services i i1 i e C-1, Neighborhood Shopping C-2, Community Commercial C-3, General Commercial 1-1, Restricted Manufacturing & Warehousing 1-2, General Industrial PUD-Low Density Residential PUD-Medium Density Residential PUD-High Density Residential PUD-Commercial Or Lakes and Water Bodies Unclassified M. ::::i: iiii i.iiiiiiiiiiiiii :ii■.....u..�..i :::i■..■.■..■:::! nnuunnn in ■nuuunn.■ i i■11i50 nnu■nnnna i.n.unn.unin■.� ::�i�iiiiiuiiiiii iiiuiii;:i��;iiMe10a I ..-:_ _ ----- ----_--------____-_-------- -- ---- - ----�� - - — - ---------------�— ---- ---- ----_---- _ —-------- ----------------_ __---- dW-- :�-_� k== - _- _---------- _--_�==#I --- ---------------------- --------- -- -1 =_ — tJ x kl,l4 P� l{S; Sa 1 � 7751t#S�dt#�i C1�$f 1 3 F54ttt;'s ;'St F l`l ( E f MEMIFMI CL 00 low LL CL mom 0) — Cl) c�a co c us ®N o c cn fit. �-15 i ca acts chi pm moo° a0 a asp w:3 co o Ucus��c'o m � ` to p ` N O 8 (L D E p' � c p o a 8O c ='v.c Ecc�oU)Se o t 3 C0 ® 0 m o v' 0) O cU a. � m # This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. This analysis for Adair Pointe was completed on 11/11/02. 11MW 91i - 1111 11 10!i11111r§ ml• i� EMRMIMWJ�� 2. Parcel Idencation Number: 3. Street Address: 4. Size of Parcel: C. Use Characteristics 1. Existing Use: 2. Proposed Use: 3. Density/ Intensity: 4. Projected Populatiol 1. Orange County Future Land Use: P_ Orange County Zoning: 3. Ocoee Future Land Use: 4. Proposed Ocoee Zoning: I 1 MWO-romlill 11ZM_1J1VL;�M;dMM SHIM J. Chris Howard Builders, In'l 309 Richard Place Orlando, FL 32806 In the area of Vignetti Park and Sorensen Field. On the east side of Adair Street at the intersection of Adair Street & Northern Durango Avenue. 08-22-28-0000-00-042 1813 Adair Street Approximately 3.52 acres Vacant(wooded) Single-family Residential Less than 4 dwelling units per acre Approximately 37 people Low Density Residential — less than 4 DU per acre A-1 "Citrus Rural District" Low Density Residential — less than 4 DU per acre R-1 "Single-family Dwelling District" Yes Yes 1�� L11, FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 2-3 Minutes 2. Distance to Property: 1.6 Miles to Fire Station #1 3. Fire Flow Requirements: Fire hydrants will be installed per City Code (330'spacing). 11MLO, M- MOM 16-1 MEN M*R* 1. Police Patrol Zone / Grid / Area: Zone 1/ 52 / Twin Lake Forrest 2. Estimated Response Time: 2 minutes (average) 3. Distance to Property: 2.3 miles 4. Average Travel Time 2 minutes ® O �W _7 ECNItVALU ��rna=Mmt M 1. Property Appraiser Taxable Value: $52,068 2. Property Appraiser Just Value $52,068 3. Estimated City Ad Valorem Taxes: N/A 4. Anticipated Licenses & Permits: Unknown at this time 5. Potential Impact Fees: N/A 6. Total Project Revenues: Unknown at this time V. �BUILDINq�DEPARTMENT Thomas Grimms, Alql?�J 1. Within the 1 00-year Flood Plain: No. In Zone X (areas determineUT5-95' —outs1dFe—b,,-1r0E--- year floodplain) per FEMA Map # 12095CO210 E (12/6/00). [VI, - UTILITIES Richard Lee, A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of There is a 1 0-inch line running along the west side of Nearest Water Main: Adair Street. B. Sanitary Sewer 1. In Ocoee Service Area: 2. City Capable of Serving Are 3. Extension Needed: 4. Location and Size of Nearest Force Main: I Yes Yes No There is an 8-inch line running in the middle of Adair Street and a 6-inch force main just to the east of the property. They will not have to tap into the force main. No 1�� C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Nil TAANSPORTATIOomas Grirnms,'AP 1. Paved Access: Yes 2. Row Dedication: Yes; convey western 25' along Adair Street 3. Traffic Study: No 4. Traffic Zone: 562 110T 1=10 lavil ItIli'l I A. Transportation: At the time of the analysis, sufficient roadway capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The 2001 total daily capacity of Adair Street is 9,200 trips and the daily traffic volume is 3,121, operating at 34% capacity. Safety and operational improvements on Adair Street are included in the 2020 Master Plan, and the peak hour peak directional Level of Service is projected to improve from level C in 1997 to level B in 2020. B. Parks & The subject property is located in Neighborhood Service Area 5, which is well Recreation: served by existing parks. The subject property is situated between Vignetti Park and Sorenson Field, and approximately 1 mile west of Beech Recreation Center. C. Water/Sewer: At the time of this analysis, the City of Ocoee has sufficient sewer and water capacity to provide water and sewer service. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. D. Stormwater: The applicant will be required to handle stormwater on -site, per City Code and St. Johns River Water Management regulations. E. Solid Waste: At the time of this analysis, the City has sufficient solid waste disposal capacity existed to accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. F. Impact Fees: Actual impact fees will be calculated during the site plan approval process. �M X w • a •! w M � r I. SITE SPECIFIC ISSUES All Departments None. X. CONSISTENCY WITH STATE REGULATIONS. Thomas Grimms, AICP • This is a voluntary annexation. The property is contiguous to the City boundaries and reasonably compact, per 171.044 Florida Statutes. Page 4 of 4 FOLEY: LAR DNER MEMORANDUM CLIENT -MATTER NUMBER 020377-0617 TO: Carolyn Alexander, Development Review Coordinator FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE, June 13, 2003 RE: Adair Pointe Subdivision — preliminary Subdivision Plan (project No. LS-02-008) (Fourth Round Comments) In connection with the above -referenced project, we have reviewed the following documents: I Preliminary Subdivision Plan for Adair Pointe prepared by Pecht Evans Engineering, Inc. stamped received by the City of Ocoee on May 2, 2003 (the 0 "Plan") rap 2. Boundary and Topographic Survey prepared by Swaggerty Land Surveying, Inc. g dated August 27, 2002 and stamped received by the City of Ocoee on May 2, 2003; 3. Commitment for Title Insurance issued by Ticor Title Insurance for the property to be conveyed to the City (the "ROW Property") with an Effective Date of May 2, 2003 (the "Title commitment"); 4. Sketch and Descriptions for Plat Boundary and Road Right -of -Way prepared by Swaggerty Land Surveying, Inc. dated December 6, 2002 and stamped received by the City of Ocoee on May 2, 2003; and 5. Response letter from Pecht Evans Engineering, Inc. dated May 1, 2003. This Memorandum supercedes our prior memoranda dated of November 14, 2002, of the documents noted above and January 17, 2003 and March 20, 2003. Based on our review pursuant to the Land Development Code, we have the following comments: 1. Attached please find the following documents which have been prepared to correct the improper conveyance of the subdivision property to the City: nnr, 997959. a) Quit -Claim Deed from the City to Franken Properties, JV conveying back s. JV the property originally conveyed to the City (the to Franken Properties, "Q.C. Deed"); b) Warranty Deed from Franken Properties, JV conveying the ROW Property to the City (the "ROW Deed"); and c) Annexation Agreement detailing the agreement regarding the conveyance of the ROW Property. Please have the ROW Deed and the Annexation Agreement executed and delivered to me to be held in escrow pending the City Commission meeting where n the project will be considered for approval. Assuming the project is approved, following approval we will cause that the City execute the Q.C. Deed and record - the Q.C. Deed, Annexation Agreement and ROW Deed among the Public Records of Orange County. Once we receive the recorded documents back from recording, we will forward copies of the Q.C. Deed and the ROW Deed to attorney Thomas H. Warlick for issuance of the Title Policy to the City consistent with the Title Commitment. 2. Please be advised that we will contact the tax assessor's office rega-rdina, the regarding amount needed for the escrow of the 2003 prorated real estate taxes on the ROW Property pursuant to Section 196.295, Florida Statutes. Prior to Irecordinc, D the documents, we will need to receive a check from the developer for the escrow amount. 3. Please confirm that there are no mortgage holders on the subdivision property that 1, would need to consent to the Annexation Agreement. Please do not hesitate to contact us should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney Edward A. Storey, Esq., Assistant City Attorney M 006297959. THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Edward A. Storey, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 C Post office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 Parcel I.D. #*. Grantors' Tax Identification No. THIS WARRANTY DEED is made this _ day of _, 2003 by FRANKEN PROPERTIES, JV, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando, Florida 32818 hereinafter referred to as "Grantor," in favor of the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as the "Grantee." (wherever used herein the terms "Grantor" and "Grantee" shall include all the parties to this s, legal representati%-es and assigns of individuals, and Shand and instrument and the heir C, C (including joint ventures), public bodies and quasi -public assigns of corporations, partnerships 0 bodies.) WITNESSETH: That the Grantor, for and in consideration of the sum of $10,00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in the County of Orange, State of Florida, to -wit: SEE EXHIBIT, "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of the Property in fee simple; that the Grantor has � right and lawful wful authority to sell and convey C� Property and will defend the the Property; that the Grantor hereby fully warrants the title to the Prop same against the lawful claims of all persons whomsoever; and that the Property is free and clear of all liens and encumbrances. IN WITNESS WHEREOF) the Grantor has caused this instrument to be executed in its name the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF-. Print name: Print name, STATE OF FLORIDA COUNTY OF — FRANKEN PROPERTIES, JV, a Florida joint venture By: — Name: Title: The foregoing instrument was acknowledged before me this _ day of _, 2003 by as the of FRANKEN PROPERTIES, JV, a Florida joint venture, who is personally known to me or produced as identification. (Notary Seal must be affixed} Signature of Notary 0 NameofNotary (T)Ted, Printed or Stamped) Commission Number (if not legible on seal): 1vJy Commission Expires (if not legible on sea]):_ 2 BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTAINCE OF 25.00 FEET; THENCE RUN 5.00056'08"E. PARALLEL WITH THE WEST AFL' 203 50 OF SAID RUN SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE S.89033'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00°56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 0 Edward A. Storey, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 Case No,: AR-02-10-07: Adair Point Tax I.D. 1#08-22-28-0000-00-042 THIS ANNEXATION AGREEMENT (this "Agreement") is made this _ day of 1 2003 by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 and FRANKEN PROPERTIES, JV, a Florida joint venture (hereinafter referred to as the "Owner"), whose mailing address is 8609 Ashbury Park, Orlando, Florida 32818. WHEREAS, the Owner owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the -Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and WHEREAS, the Planning g and Zoning Commission has held a public hearing to review 0 the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and 006.282561. d that the execution of this Agreement is essential to WHEREAS, the, City has determined 0 the Plan; public health, safety and welfare and the ability of the City e oom nehensipve ertrandcirculation in the vicinity of the Property in accordance with the Ocoepr WHEREAS, the City has determined that, subject to the terms, Pr ditionlimitations hereinafter set forth, it is feasible to -extend municipal services to the perty 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 Feasibithath PitsAnalysis with respect to the annexation of the Propertyanddeterminedis Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan. consideration of the mutual premises hereof, and other good NOW, THEREFORE, in consid tp and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. ANNEXATION OF THE .PROPERTY. prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2003-- 1 orate territorial ts of the City to for Case No, AR-02-10-07, thereby redefining the corp include the Property. SECTION 3. CONVEYANCE OF RIGHT-OF-WAY. Contemporaneous with the approval of this Agreement the Owner shall convey to the City a twenty-five (25) foot -wide strip of the Property lying adjacent and contiguous to, and along the entirprig la f tde Propert0 for Adair Street all asmly scribed on frontage on the existing right-of-way 0 e i Property shall Ex.Wibit"B" attached hereto (the "Right -of -Way property") The R ght-of-Way Prop be conveyed by the Owner to the City by warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The Owner shall, contemporaneously with the conveyance of the Right -of -Way Property to theQ by' pride to City, a current attorney's opinion of title, or a current titleoinitmfollowed by a policy of title insurance, evidencing that fee simple title to theepttable p to the City. The costs and clear of all liens and encumbrances except for those matters ac- expenses related to the conveyance of the Right -of -Way Property including the cost of title work, he ht-of-Way, Property shall be shall be borne solely by the Owner. Real property taxes on t ce of the same, and the prorated as of the day before the City's acceptance of the conveRigyan prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Neither the y road impact fee credits or other Owner nor any other person or entity shall be entitled to an, required conveyance of the compensation of any kind for, on account of, or with respect to the re - eyance of the Right -of - Right -of -Way Property to the City. Notwithstanding the subsequent conv Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of- -2- Right -of -tip within the RigN Way Property until such time as improvements are made to Adair Street w0 1 Property. SECTION 4. NOTICE- PROPER FORM. Any notices required or allowed to be d (1) when hand delivered to the delivered shall be in writing and be deemed to be delivered hen deositeto td in the Unhe party atitedthe official hereinafter designated, or (2) upon receipt of such notice W ddrespsed States mail, postage prepaid, certified mail, return receipt requested, a or at such other address as the part shall have, address set forth opposite the party's name below, 'y specified by written notice to the other party delivered in accordance herewith. Owner: Franken Properties, JV 8609 AshburY Park Orlando, Florida 32818 crry: city of Ocoee Attn: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 SECTION 5. NOTICES; DEFAULT. Each allowe alth��nd shall the defaulting party thirty (30)other party written notice of any default hereunder a0 days from the date of its receipt of such notice withianvaood cdaorto commence and thereafter diligently pursue to Completfaith efforts to effect such cur�- he actual cure of anin fathtand to thereafter notify the other parties of t the non -defaulting party,cluding, but not limited to th-' is enforceable at law or in equity by 0 1 right of specific performance. GREEMENT ON SUCCESS°rysand . This Agreement SECTION 6. BINDING - A r, the their respectiVe shall be binding upon and shall inure to the benefit of the Owne, successors and assigns and shall run with the land. SECTION 7. RECORDATION. The parties alereto eint shall be recorded in the Public Records of Orange County, Florid, at the expense of the Owner. 3LE LAW. This Agreement todthe iainSECTION 8. APPLICABKL�" according laws of the State of herein shall be construed, controlled, and interpreted Florida. SECTION 9. SEVERABILITY. If any part of this Agreement is found invalid or such invalidity or unenforceability shned othpunenforceable by any court, of the parties contaitherein are not materially this Agreement if the rights and theipaarties 0 entions ofcan continue to be effected. prejudiced and if the int SECTION 10. RECOVERY OF ATTORNEYS, COSTS AND FEES In connection with any litigation between the City and the Owner, including appellate proceedings violation of any law, rule, regulation, ordinance, resolution, arising out of this Agreement or the -3- or pen -nit, the prevailing g party shall be entitled to recover from the other party reasonable hereunder, anybankrupt e,during or attorneys' fees, paralegal fees, and costs or during y proceedings. subsequent to such court proceedings, on appealI'D I SECTION 11. ENTIRE AGREEMENT. This instrument and its exhibits coussionsnstitute the entire Agreement between the parties and supersedes all previous disc, latto the subject matter of this understandings, and agreements between the parties relater e 0 s herein shall be made by the parties in Agreement. Amendments to and waivers of the provision . I - writing by formal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense. SECTION 12. COUNTERPARTS, This Agreement and any amendments hereto h shall be it mtrumenoriginal may be executed in any number of counterparts, each I of whicand the sames0instrument, but all such counterparts together shall constitute DATE. This Agreement shall first e executed by the SECTION 13. EFFECTIVE,,0� Owner and submitted to the City for approval by the Ocoee City Cossion.bUpon approval by the Ocoee City commission, this Agreement shall be executed by the City. The Effective Date I of this Agreement shall be the date of approval by the Ocoee City Comr-nission. C, -4- OF, the City has caused this Agreement to be duly executed the IN WITNESS WHERE day and year first above written. By: City Attorney 44CITY" CITY OF OCOEE, a FlQrida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMIISSION AT A MEETING HELD ON -UNDER AGENDA ITEM NO. _- 006.282561 N COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorizea in the State aforesaid and in the County aforesaid -to take acknowledgements, personally ppeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and city Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal)*.- jVly Commission Expires (if not legible on seal):- -6- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the _ day of Signed, scaled and delivered in the presence of: Signature Print[Type Name Signature Print/-rype Name FRANKEN PROPERTI)ES, J-V, a Florida joint venture By:® Name: Title: STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the acknowleduements, personally appeared State and County aforesaid to take of FRANKEN I as Ily known to me or produced PROPERTIES, JV, a Florida joint venture, who is persona that he acknowledged executing the as identification, and t Z) foregoin(,, instrument in the presence of two subscribing witnesses, freely and voluntarily. foregoing WITNESS my hand and official seal in the County and State last aforesaid this _ day of ? -' Signature of Notary 0 Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal):—._______- my commission Expires (if not legible on seal):- -7- nnA 9R2561 EXHIBIT "A" (The, Property) COMMENCE AT THE NORTHWEST CORNER OF T�LN RTHEAST1TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE TY, FLORIDA; THENCE RUN '*A DISTANCE OF S.0005608T. ALONG THE WEST LINE OF SAID NORTHEAST 1/4) OF THE SOUTHWEST 1/40F THE NORTHEAST 1/4 1233.04 FEET TO THE NORTH LINE 3'16"E. ALONG SAID NORTH AND ALONG LINE 25.00 OF SAID SECTION 8; THENCE RUN N.89033'16"E. FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.8903 SAID NORTH LINE 565.40 FEET TO THE EAST L OF THE WEST 590.4 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID T20 FEET; THENCE RUN S.00056'08"E. ALONG SAID EAST LINE, A DISTANCE OF 29 5.99033'16"W. 363.30 FEET; THENCE RUN N.00056'08"W. 91.70 FEET; THENCAFORESAE RUNID S.89033'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE WEST LINE OF THE NORTHEAST 1/4 OF SECTIOTHE PTA RUN N.00ING'56'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO F BEGINN. . TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTM�TSTGE 28 EAST, ORANGE 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 2? SOUTH, RAN COUNTY, FLORIDA; THENCE RUN N.89'33'16,,E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/40F THE NORTHEAST 1/40F SECTION 8, A DIST�'�'SF, OF 25.00 FEET; THENCE RUN S.00056'08"E. PARALLEL WITH THE WEST LINE -\]D SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 203.50 FNUEET; TN.HENCE ' RUN W. S.89033'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE R00'5608" ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING, -8- EXHIBIT"B" (Right of Way Property) ?D BEGINNING AT THE NORTHWEST CORNER OF THSOUTHWESTTHE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTHE, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89'33'16,,E, ALONG THE NORTH LINE OF SAID , A DISTAN I CE AID OF 25.00 FEET; SOUTHWEST 1/40F THE NORTHEAST 1/40F SECTION 8WEST LINE OF SSOUTHWEST THENCE RUN S.00056'08"E, PARALLEL WITH THE 1/40F THE NORTHEAST 1/40F SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89033'16"W. 25-00 FEET TO THE SAID WEST LINE; THENCE RUN N.00'56'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. -9- 006.282561. INSTRUMENTTHIS • • ' BY AND SHOULD BE RETURNED Edward A. Storey, Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 Parcel I.D. # Grantor's Tax Identification No. THIS QUIT -CLAIM DEED, made and executed this day of , 2003, by the CITY OF OCOEE, a Florida municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantor"), to FRANKEN PROPERTIES, 1V, a Florida joint venture, whose address is 8609 Ashbury Park, Orlando, Florida 32818 (hereinafter referred to as the "Grantee"). (wherever used herein, the terms "Grantor" and "Grantee" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi -public bodies.) WITNESSETH: THAT the Grantor, for and in consideration of the sum of ONE and N0/100 DOLLARS ($1.00) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby donate, remise, release and quit -claim unto the Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Orange, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE (hereinafter referred to as the "Property"). *N FEBRUARY 3, 2003 A WARRANTY DEED EXECUTED BY GRANTEE WAS RECORDED AT OFFICIAL RECORDS BOOK 06769, PAGE 0532 PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. THIS WARRANTY DEED CONTAINED AN IS EXECUTED INCO• • . • ! ! DEED PROPERTY _. ! THE AND RECORDED IN ORDER TO GRANTEE. A NEW WARRANTY M EXECUTED BY GRANTEE WILL BE EVIDENCERECORDED SUBSEQUENT TO THE RECORDING OF THIS QUIT -CLAIM DEED T4 CORRECT INTENDED CONVEYANCE. 006.298452. Together with all right, title and interest, if any, of Grantor in and to any and all streets, roads and rights -of -way immediately adjacent to the Property. 0 TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, nim, and all the estate, right, title, interest, lien, equity , and claim whatsoever of the Grantor, either in-law or equity, to the only proper use, benefit and behoof of the Grantee forever. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS - DAY OF 2003. M Foley & Lardner City Attorney CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk [Affix Seal] APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON .2003, UNDER AGENDA ITEM NO. 006.298452. 2 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the ements, personally appearedg State aforesaid and in the County aforesaid to take acknowledgements, S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and I that they severally acknowledged executing the same on behalf of said municipality in the C� ly and voluntarily under authority duly vested in them presence of two subscribing witnesses free by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of I -' Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): Nily commission Expires (if not legible on seal): 3 nnr 94R45?. EXHIBIT "X' (The Property) COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S.00056'08"E. ALONG THE WEST LINE OF SAID NORTHEAST 1/4�.,A DISTANCE OF 1233.04 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 8; THENCE RUN N.89'33'16"E. ALONG SAID NORTH LINE 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.89'33'16"E. AND ALONG SAID NORTH LINE 565.40 FEET TO THE EAST LINE OF THE WEST 590.4 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 8; THENCE RUN S.00056'08"E. ALONG SAID EAST LINE, A DISTANCE OF 295.20 FEET; THENCE RUN S.89033'16"W. 363.30 FEET; THENCE RUN N.00'56'08"W. 91.70 FEET; THENCE RUN S.89033'16"W. 202.10 FEET TO A POINT LYING 25.00 FEET EAST OF THE AFORESAID WEST LINE OF THE NORTHEAST 1/4 OF SECTION 8; THENCE RUN N.00056'08"W. PARALLEL WITH SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89'33'16"E. ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 25.00 FEET; THENCE RUN S.00"5608"E. PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, A DISTANCE OF 203.50 FEET; THENCE RUN S.89033'16"W. 25.00 FEET TO THE SAID WEST LINE; THENCE RUN N.00056'08"W. ALONG SAID WEST LINE 203.50 FEET TO THE POINT OF BEGINNING. 4 006.298452. Mayo S. Scott Vandergrift City Manager Jim Gleason Commissioners Danny Howell, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 STAFF REPORT DATE: June 27, 2003 TO: The Planning and Zoning Commission FROM: Thomas Grimms, AICP, Senior Planno' THROUGH: Russ Wagner, AICP, Community Development irector SUBJECT: Adair Pointe Subdivision Preliminary Subdivision Plan Project # LS-02-008 ISSUE: Should the Planning and Zoning Commission recommend approval of the Preliminary Subdivision Plan for Adair Pointe Subdivision? The Adair Point property includes about 3.52 acres located within a County enclave. The property is located on the east side of Adair Street approximately 1,400 feet north of Wurst Road, between Vignetti Park and Sorenson Field. The subject property is currently undeveloped and is covered with trees. The surrounding land to the north is developed with garden apartments, zoned R-3; to the south is the Glad Tidings Church, zoned R-2; to the east are the ball fields of Sorensen Park, zoned R-1; to the west are single-family residential units, zoned R-1. .s• •• "I rowl R W P.-I I W MTAAUIM 0 recreational amenity 'fora -subdivision with 10- 50 lots. The justification listed in the waiver table on Sheet C-3 for not having any recreational amenity located within subdivision is that the City's recreational facility, Sorenson Park, is located adjacent on the east side of the subject property. UTIMIKAMOR Attachments: Copy cdPublic Hearing Advertisement June26, 2003 Location Map Adair Pointe Preliminary Subdivision Plan, date stamped June 25, 2003 0:\SxaffReports\2003\]R0305P&Z.doc ORLANDO SENTINEL JUNE 26, 2003 ADAIR POINTE SUBDIVISION CITY OF OCOEE NOTICE OF PUBLIC HEARING ADAIR POINTE SUBDIVISION ANNEXATION / INITIAL ZONING - AR-02.10-07 PRELIMINARY / FINAL SUBDIVISION PLAN - LS-02.008 NOTICE 1S HEREBY GIVEN, pursuant to Sections 1.10and 5.9, Ocoee Land Development Code, that on Tuesday, July 8,2003 at 7:00 P.m., or as soon thereafter as practical, the PLANNING AND ZONING COM- MISSION will hold a PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider an- nexation and Initial zoning of certain real property (about 3.52 acres) at 1813 Adair Street. If approved, the annexation would Incorporate the property into the City of Ocoee. If approved, .the Initial Zoning would establish an Ocoee zoning classification of R-1, 'Single Family Residen- tial'. The PLANNING AND ZONING•COMMISSION will also hold a PUBLIC HEARING to consider the Preliminary/Final ' Subdivision plan for Adair Pointe. Pursuant to Section 5.9(8) of the City's Land Development Code, the Com- munity Development Director has determined that the requested annex- ation is within the Ocoee -Orange County Joint Planning Area and is consis- tent with the Ocoee -Orange County Joint Planning Area Agreement and with the Ocoee Comprehensive Plan. The complete case file, Including 0 complete legal description by metes and bounds, may be Inspected at the Ocoee Community Development Depart. ment -Planning Division, 150 North Lakeshore Drive, Ocoee, Florida, be. tween the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Planning and Zoning Commission may continue the public hearings to other dates and times, as it deems necessary. Any Inlerested party shall be advised that the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearings and that no further notices regarding these matters will be published. interested parties may appear at the public hearings and be heard with res- pect to the proposed Annexation and Initial .Zoning. Any Person wishing to appeal any decision made during the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and eviden- ce upon which the appeal is based. Persons with disabilities needing assist- ance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905.3105. OLS5100584 JUN.26 2003 ............ - ----_. ---- Location Map Adair Pointe Annexation, Initial Zoning and Preliminary Subdivision Plan �ifID�l � T7 L d I -1 Lt a or S. Scott Van dergrift City Managrer Jim Gleason DATE: July 1, 2003 TO: Planning & Zoning Commission Commissioners Danny Howell, District I Scott Anderson, District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 RO M: Terry L. James, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Community Development Director V�v SUBJECT: Richard A. Doss, Jr. — Case # RZ-03-03-03 and # SSCPA-03-OCE Rezoning and Small Scale Comprehensive Plan Amendment I Should the Planning & Zoning Commission recommend approval of a change to the Future Land Use Map from "Low Density Residential" to "Light Industrial" and approval of a Zoning MaA change from R-1AA (Single Family Dwelling) to 1-1 (Restricted Manufacturing & Warehousing) for the Doss Property? Planning & Zoning Commission July 1, 2003 Page 2 of 6 The current land uses in the general area surrounding the subject properties are as follows: DIRECTION DIRECTION LA CURRENT LAND USE CURRENT u North Vacant, artiqlly wooded nt ar� ; hResidential I d ti I and commercial East Vacant, artiAlly wooded West Manufacturing and warehousin uf ctu rl Future Land Use Map classifications, as shown on the attached Surrounding Future Land Use Map, are as follows: DIRECTION FUTURE USE CLASSIFICATIONS FUTURE LAN F1 North Li ht Indust al South F Li ht Industrial East Professional Offices & Services and Low Density Residential West Hueaa Industrial and Light Industrial I U. Existing Zoning classifications, as shown on the attached Surrounding Zoning Map, are as follows: DIRECTION EXISTING CLASSIFICATIONS 'ST' ZONING North R-1-AA/Sinal- pmii%, nwal South FWest 1-1/Restricted Manufacturing &Warehous.ing East P-S/Professional Offices & Services and R-1 -AA/Single Family Dwelling I arehousing I-X2 Generial Industrial and 1-1/Restricted Manufactu!:�a� . As stated above, the rezoning request for Lot 8 is not consistent with the Future Land Use Map contained in the City of Ocoee Comprehensive Plan. • Utilities: • Water: City water is available for the property. There is a 1 0-inch potable water line on Kissimmee Avenue adjacent to the property. • Sewer: There is a 20-inch sewer line adjacent to the property. • QjqbM: Currently, the site plans (date stamped "Received January 14, 2003") for the Ocoee Fire Station # 1 utilizes the City -owned abandoned railroad right of way as a drainage facility. This facility is on the western boundary of Lot 8 and effectively severs this parcel from the larger parcel, Lot 11, to the west. Planning & Zoning Commission July 1, 2003 Page 3 of 6 ADOPTED Los CURRENT LOS LOS % OF ADOPTED TAND SARD ROADWAY FROM To STANDARD STANDARD CAPACITY Orlando Ave. Bluford Ave. White Rd. D A 40% I Maguire Rd Story Rd. Kissimmee Ave. D D 86% Rd* Bowness R�. ow Bowness Rd Maguire Rd.- Maguire Kissimmee Ave. Silver Star Rd. D B 61% Bowness Rd. Ave.E Lakewood e Silver Star Rd. Rewis St. A 53% Bluford Ave. Geneva St. White Rd.- D D 80% Orlando Ave. I ufo r Ave.d A e. White Rd.- McKey St. D C 71% Orlando Ave. Kissimmee Ave. Sto Rd. Bowness Rd. D B 20% Geneva St. Kissimmee Ave. Bluford Ave. D B 79% Story Rd. Wofford Rd. --a Kissimmee Ave. E. B 69% Current levels of service are at or above the adopted level of service standard contained in the Comprehensive Plan. Only Bowness Road (from Story Rd. to Kissimmee Ave.) and Bluford Avenue (from Geneva St. to White Rd. -Orlando Ave.) are operating at the adopted level of service standard. These roadway level of service standards will not adversely impact this proposed future land use change and rezoning. Existing & Future Roadway Plans • Kissimmee Avenue (western boundary of Lot 11): This north -south arterial roadway is comprised of Maguire Road -Kissimmee Avenue -Maguire Road Extension and connects with Bowness Road/Ocoee-Apopka Road. This roadway is depicted in the Comprehensive Plan Roadway Improvement Master Plan 2020 map as a candidate for future improvements. Additionally, this roadway is also in Roadway Improvement Plan (Figure 3-10) of the Ocoee Transportation Master Plan for future widening to 4 lanes. Subsection 6-313 of the Land Development Code states that the minimum right of way is 100 feet; however, the City Engineer indicates that 120 feet would be needed for the future widening. ► Westi Orlando Street (northern boundary of Lots 8 & 11): The City has planned for thi's currently unpaved and unimproved roadway to connect Bluford Avenue and South Kissimmee Avenue -Maguire Road Extension (Ocoee Transportation Master Plan: Figure 3-10, page 3-34). This two-lane paved roadway will be a western extension Orlando Avenue -White Road. The entire roadway will function as a major east -west collector. The minimum right of way for an urban collector roadway is 60 feet according to the Subsection 6-3.13. of the Land Development Code. • Cumberland Avenue: As indicated above, this right-of-way has been abandoned by the City with Resolution 2002-16 (adopted August 20, 2002) and adds approximately 0.05 acres to Lot 8. Planning & Zoning Commission July 1, 2003 Page 4 of 6 The Kissimmee Avenue -Maguire Road -Maguire Road Extension widening will require extensive realignment of the intersection of Kissimmee Avenue and Maguire Road west of Lot 11 in order to maintain operational and safety requirements. Furthermore, the intersection of Kissimmee Avenue -Maguire Road -Maguire Road Extension and West Orlando Street -White Road will require enhanced intersection improvements since this intersection will join a major east -west collector with a major north -south arterial. As a result of these intersection improvements and traffic safety and operational considerations, driveway access should be limited in proximity to this future intersection. M=_ • Wetlands: There are no significant wetlands on the subject property according to the following citations from the City of Ocoee Comprehensive Plan: "Landscape Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation on the Future Land Use Map. "��tThere are no floodplains on the subject property according to the Flood te Map, and according to the following citations from the City of Ocoee Comprehensive Plan: "Landscape Associations and 100-Year Floodplain" (Figure 4) and the "Conservation/Floodplains" land use designation • the Future Land Use • • Historic Resources: There are no known historic resources on the subject property according to the Figure 5: "Historic Resources and Current Recreation Facilities" in the Comprehensive Plan's Future Land Use Element. The proposed rezoning to 1-1 for Lot 11 is consistent with the Future Land Use Map. The "Light Industrial" future land use classification is generally confined to the area west of the City -owned railroad tracks. The minimum lot width of 150 feet (Article V, Table 5-2) is satisfied by the 388-foot frontage on Kissimmee Avenue. The South Kissimmee Avenue -Maguire Road Extension right of way measured from the southwest corner at West Columbus Street to the fence of the commercial land use directly west is approximately 70 feet; the required right of way will be 120 feet. Accordingly, Lot 11 should dedicate that portion of the lot situated within the 60 feet from the roadway centerline for the portion of the South Kissimmee Avenue -Maguire Road Extension. This dedication should be required prior to development of this property or within a 60-day notification from the City as specified in a Development Agreement and include limited access to the site from Columbus Street only. Planning & Zoning Commission July 1, 2003 Page 5 of 6 Lot 8: The proposed rezoning to 1-1 is inconsistent with the Future Land Use Map. The "Light Industrial" future land use classification is confined to areas west of the City -owned railroad tracks. East of these tracks, the future land use is "Low Density Residential" with the exception of "Professional Office and Services" on the east boundary of Lot 8. The actual land use for the above future land use classification and the "Low Density Residential" parcel to the south is the Ocoee Fire Station # 1. Low -density residential land uses predominate north and northwest of Lot 8. Directly north is the Hidden Oaks Subdivision. Current plans for Fire Station # 1 utilize the railroad tracks as a component of the drainage system. The utilization of these abandoned railroad tracks effectively severs Lot 8 from Lot 11 to the west. As a result Lot 8 would have to be developed independently under this rezoning since it cannot be joined with Lot 11. There is no minimum lot size based for 1-1 zoning; however, Article V, Table 5-2 of the Land Development Code states the minimum lot width for 1-1 is 150 feet. The frontage on Lot 8 is 123.59 feet including the additional 30-foot right of way from Cumberland Avenue and narrows to 94.89 feet at the rear of the lot. The requested rezoning to 1-1 is consistent with the Future Land Use Map and is bounded on the north, south and west by compatible industrial land uses; • The parcel meets the 1-1 zoning classification minimum frontage of 150 feet required under the Land Development Code; and • The requested rezoning is consistent with the surrounding industrial development. • The requested rezoning to 1-1 is inconsistent with the Future Land Use Map and is bounded on the north and east by incompatible Low Density Residential future land uses; • The requested rezoning is inconsistent with the existing residential land uses zoned R-1AA to the north and northwest; • The parcel fails to meet the 1-1 zoning classification minimum frontage of 150 feet as required under the Land Development Code; and • There is no paved access from West Orlando Street to this parcel. Planning & Zoning Commission July 1.2O03 Page Ou/6 Attachments: Copy ofPublic Hearing Advertisement, dated June 26,20D3 Location Map Surrounding Future Land Use Map Surrounding Zoning Map 0:\Sta#Roprts\2003\GR0306P&Z.doc ORLANDO SENTINEL JUNE 26, 2003 i CITY OF OCOEE FOR SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND REZONING RICHARD A, DO5S, JR. CASE NUMBER: RZ-0j03-03 & 55CPA 03-M)3 NOTICE IS HEREBY GIVEN, pursuant to Subseetlom 1.10 and S-9 of the o City Of Ocoee Land Development Cade, that on Tuesday, July 8, 2003 at 7:00 P,m. "Ps s. thereafter as practical, the CITY OF OCOEE PLANNING & ZON- iNG COMMISSION will hold PUBLIC HEARINGS at the City of Ocoee Commission Chambers, 1s0North Lakeshore Drive, Ocoee, Florida, to consider a petition for 0 Small Scale Comprehensive Plan Amendment and Rezoning for certain real property located on the northeast corner of Maguire Raid-KlssimMee Avenue and Columbus Street and bounded on the Win 9 CaWmaus Street and an the north by Orlando Avenue. WLAu:PCAu COUPAINSNWE PLAN ANENDHan' AW A NCIUAD A OOSS, M CAS! NUueae Aa nsos^os a SSCPA034" if the Small Scale Comprehensive Pion Amendment and Rezoning Is ap- proved it would establish the following: For the 1.31-ocre parcel numbered i7•22.2"144-04-111, change the Zoning o Restricted Mona. Classification & Wvrehoasing (1.1) and for the 0 363-acres Parcel numbered 17-22- R sidentiai to Light Ind14444-M change theustrial and the Zoning ClassitLand Use aitfrom Low catioity n from Single Family Dwelling (R-1-AA) to Restricted Manufacturing & Waretausing(I- 1). The Planning & Zoning Commission will make a recommiendation to the Ci- ty Commission as to the relationship of the requested actions to the Ocoee Comprehensive Plan. Pursuant to Subsection s-9 B. of the Land Develop- ment Code, Me Planning Director has determined that the requested zoning classification for Parcel If 111 is consistent with the Ocoee Comprehensive PlanIs not consistent with requested the Ocoee Com zall prehensive Pialnotlon for Parcel i Q80 The complete case file, including a complete legal description by metes and bounds, may be Inspected at the Ocoee Community Development Depart- ment/Planning Division located at 150 North Lakeshore Drive, Occee,Florl- do between the hours of 8:00 a,m. and 5:00 P.m., Monday through Friday, except legal hoildoys, The Planning & Zoning Commission may 0011110 Me Public hearings to other dates and times, as it deems necessary. Any interested party Ad be advised of the dates, Nmes, and Macs of any ontinuation of Mesa ocan- inoicePrbicherisolbeonodducIN hang and no urther notices regarding mae be h You ore advised that any Person who desires io Oppeal any declelm made at the Public hearings will need a record of the proceedings and for this Pur• whsich Inclmod udes the testimony and a iv re Mat a dtence upon whtch im record of the he appeal Isis made based, Persons wlth disobilitles needing assistance to partu ale in any W these phre inwosing asf ��d contact the City Clerk's Office 48 hours in advance of Mee Jean GofiSn, Pifu Planar � t Richard A. Doss, and SSG' ` 03-003 X-I -AA "Single Family Dwelling" to 1-1 "Restricted Manufacturing & Warehousing" Surrounding Zoning Map �-i =d - - ----' a s H3 i T Richard A Doss, Jr. --Case # RZ-03-03-03 and SSCPA 03-003 LDR "Low Density Residential" to 1-1 "Light Industrial" Surrounding Future Land Use Map N Ocoee Community Development Department Scale: I inch = 600 feet 0 300 600 900 1200 Feet Printed: July 2003 LEGEND Subject Property M7M Unincorporated Territory and Other Muncipalities Future Land Use Classification: 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 Lakes and Water Bodies #. IF • * " • I-, -%Ater Of Good r , -Njayor S. Scott Vandergrift CA Manager y� Jini Gleason .Commissioners Danny Howell, District I Scott Anderson, District 2 Rusty Johnson, District-3 Nancy J. Parker, District 4 DATE: July 1, 2003 TO: The Planning & Zoning Commission FROM: Terry L. James, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Community Development Director SUBJECT: Big Ten Tires (Opus South 33/21 Lot 2) Special Exception Petition # 14SE-001 ISSIIE: Should the Planning & Zoning The parcel abuts the following zoning districts and uses: DIRECTION ZONING DISTRICT/JURISDICTION EXISTING USE North Low & High Density PUD I Ocoee Cross Creek Subdivision & Key Isle Apartments East Commercial PUD / Ocoee Plantation Groves Shopping Center South Commercial PUD / Ocoee Plantation Groves Shopping Center West Northwest & West: Low Density PUD Ocoee Southwest: Professional Offices & Services I Ocoee & Oran ge Coun!y. Northwest: Wesmere & Windermere Groves Subdivisions Southwest: Misc. office and commercial Planning and Zoning Commission July 1, 2003 Page 2 of 2 1111MIMM-1111 "UBE -4 Wit '01 (Sh et C100) • •. stamped "Received june 25, 2003." 4.C.(2)(c)(iv) of the Land Development Code that states: "Six foot high brick screening )erty that abuts the Key Isle Apartments residential use. The waiver justification i developer, will enhance the landscaping rather than build the required wall The STAFF RECOMMENDATION: Attachments: Copy of Public Hearing Advertisement, June 26, 2003 Special Exception Application Preliminary Site Plan for Special Exception (sheet C1 00), June 25, 2003 Applicable Land Development Code Definitions, Subsection 2-4.C. Land Development Code Table 5-1: Permitted Use Regulations 0:\Staff Reports\2003\SR03061 P&Z.doc CITY OF OCOEE NOTICE OF PUBLiC HEARING TO CONSIDER THE APPLICATION FOR SPECIAL EXCEPTION , BIG TEN TIRES CASE NUMBER: 1-4SE•001 NOTICE IS HEREBY GIVEN, pursuant to Subsection 4-9. B. of the City of Ocoee Land Development Code, that on Tuesday, July 8, 2003 at 7:00 N Nor as G & ZONIING thereafter OMfMISSION will holdhe CITY a PUBLIC HEARINGCOEE PLAN at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive,' for cer LOcoee, Florida, to a ain real property locatedron petition eastfor side of Maguiire Roada Specialn pproxi• mafoiy 1,200 feet north of the Maguire Road -Moore Road/Roberson Rood intersection. The petition would allow for "Automobile Repair" use within a Commercial Planned Unit Development governed by a Is fur+herd sComed Commercial Zoning District. The subject property Parcel 1D It Acres Legal Description 32-22.28-6189-00-020 0.96 OPUS SOUTH 33/21 LOT 2 APPLICATION FOR SPECIAL EXCEPTION BIG TEN TIRES -4SE•001 CASENUtABER: i The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Community Deveiopment Depart - do between theours Depart- ment/Planning of 8 00 0,m.and 500 p.m., Monday Divisioni50 North through Friday, except legal holiday$, The Planning & Zoning Commission may continue the Public hearings to other dotes and times, as it deems necessary. Any interested party shall be advised of the dotes, times, and places of any continuation of these or con- inued preeic hearings hmaers will be published, be announced during hearing and no further notices arding these You ore advised that any Person who desires to appeal any decision made at the Public hearings will need a record of the proceedings and for this Pur- s made pose May need to ensure that a verbatim Includes the testimony and evidence upon which the appealcord of the proceedings iisbased, Persons with disabilities needing assistance to participate In any of these proceedings should ul cnt oact the City Clerk's Office 48 hours in advance of the meeting at Jean Grafton, City Clerk June 26,2003 JUN.26,2003 OLS5100603 LejowavIlm Sa I I m, F �•�II II �IIIII W III W INZA =0 PROJECT NO. FEE DEPOSIT AMOUNT DATE PAID RECEIPT NO. (This application Is only for those spacial exceptions which are consistent with the City of Ocoee's Comprehensive Plan. All others must submit Comprehensive Plan Amendment applications.) a APPLICANT'S NAME: fly 5 1 rp ! . � -. OvAq_�Ao , T- �_ �?4_2AP) rELEPHONE NUMBER: - _ OWNER OF RECORD: MS f_�j NbLr&OLArkP a.L OWNER'S ADDRESS: -LP\C_:, (if more than one owner, please attach additional sheets) NOTE: A separate application fee is collected for each action sought and for non-contiguous parcels or for parcels held under separate ownership. Upon request, payment of the above fee entities the applicant to a copy of the City of Ocoee's Land Development Regulations. A. DIRECTIONS TO PROPERTY: D SIR S L) n C Lc�ee_ vN 'V -,2-- _�, j,,S � cLo 'S� oA vDAim-- c) B. LEGAL DESCRIPTION: ALL APPLICATIONS MUST PROVIDE THREE (3) EXECUTED, CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT PARCEL, WHICH SHALL INCLUDE A METES -AND -BOUNDS LEGAL DESCRIPTION. ATTACH SURVEYWITH Application for Special Exception FULL LEGAL DESCRIPTION AS EXHIBIT. SPECIFY BELOW: SECTION -TOWNSHIP - RANGE -SUBDIVISION -LOT -AND -BLOCK, AS APPLICABLE. C. PROPERTY TAX ID. NO(S): 4. BRIEFLY SPECIFY THE DEVELOPMENT HISTORY AND OWNERSHIP OF THE SUBJECT PARCEL(S) SINCE JANUARY 1, 1985, INCLUDING YEAR LOT WAS CREATED, PRESENT ZONING, YEAR ANNEXED, AND PREVIOUSLY SUBMITTED DEVELOPMENT APPLICATIONS, ETC.: v- 5. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATION(S) IS/ARE GRANTED? 6. SPECIFY ZONING OR PARCELS IMMEDIATELY ADJACENT TO THE SUBJECT PARCEL A. NORTH: K-11 cTiQ) - - B. SOUTH: C. EAST: D. WEST: v-,,- R00A 7. NUMBER OF EXISTING BUILDINGS AND EXISTING LAND USE OF THE SUBJECT PARCEL: --Ck 8. SPECIAL EXCEPTION APPLICATIONS ARE REFERRED TO THE BOARD OF ADJUSTMENT FOR A PUBLIC HEARING, STUDY, AND RECOMMENDATION, AND ARE THEN FORWARDED TO THE CITY COMMISSION FOR FINAL ACTION. 9. BRIEFLY ADDRESS THE FOLLOWING: A. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION: FORM-19 2 Application for Special Exception A. POTABLE WATER: I ►� � Co 'N 31 eA At, B. WASTEWATER TREATMENT: Cy t�2-C'__.. &CI pIi (o,iC7it�4� � 6 C. STORMWATER MANAGEMENT: D. RECREATION: N I & PROJECTED- OF SCHOOL► F. MAIN HIGHWAY ACCESS (A traffic study may be required): r� �Y �, `P1cl�L,�LAC),rNe:�, 2 �G. FIRE PROTECTION (NOTE: Fire flow data will be required before final platting): E)(y1 X1(1 ; ���`- , ��r--�r:�l 11. SUBMIT A PRELIMINARY SITE PLAILLUSTRATING THE FOLLOWING: A. //NAME, PROJECT NAME. B. ADDRESS, AND TELEPHONE NUMBER OF THE APPLICANT, OWNER, ENGINEER, AND SURVEYOR. C. p1SUBMITTAL AND REVISION DATES. D. /PROMINENT NORTH ARROW. E. fir' SCALE AT NOT LESS THAN 1" = 100' F. A"SEALED"BOUNDARY SURVEY, INCLUDING A LEGAL DESCRIPTION, TOTALACREAGE, AND SHOWING LINEAR DIMENSIONS AND SURVEY HEADINGS. G. EXISTING AND ' PROPOSED ZONING OF SUBJECT PROPERTY AND ADJOINING PARCELS. H. LOCATION MAP WHICH CLEARLY SHOWS THE SUBJECT PARCEL WITH RESPECT TO EXISTING ROADS AND LANDMARKS. I. LOCATION, NAME, RIGHT-OF-WAY WIDTHS, AND PAVEMENT WIDTH OF EXISTING STREETS AND PROPOSED INGRESS AND EGRESS POINTS. FORM-19 3 Application for Special Exception J. EXISTING TOPOGRAPHY AT ONE (1) FOOT CONTOUR INTERVALS BASED ON THE ORANGE COUNTY DATUM, IDENTIFY AT LEAST TWO (2) BENCH MARKS. K. VEGETATION TYPES, WOODED AREAS, AND LIKELY CONSERVATION ZONES. L LIMITS OF 100 YEAR FEDERAL FLOOD PLAIN AND NORMAL HIGH WATER ELEVATIONS OF ALL LAKES AND WETLANDS. M. IDENTIFY SOIL TYPES USING THE U.S. SOIL CONSERVATION SERVICESYSTEM. DETERMINEN. ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE BY APPLIC TO HELP COMPUANCE WITH THE CITY OF OCOEE'S CODES. LIST AND ILLUSTRATEIDENTIFIED: Q�t3-C�. tZSk� 12. ` APPLICANT aitALL UBMIT A LIST OF THE WNERS' NAMES AND MAILING ADDRESSES FOR 7 ALL PROPERTY LYING WITHIN THREE HUNDRED (300) FEET OF THE PERIMETER OF THE SUBJECT PROPERTY, PER THE LATEST ORANGE COUNTY PROPERTY APPRAISERS AD VALOREM TAX ROLL FAILURE TO IDENTIFY ALL ADJACENT PROPERTY OWNERS MAY CAUSE THE SUBMITTED APPLICATION TO BE DENIED. FORM-19 4 Application for Special Exception CITY OF OCOEE, FLORIDA OWNER'S AFFIDAVIT STATE OF COUNTY OF Before me, the undersigned personally appeared who being first duly sworn on oath, depose(s) and say(s): 1. That they/she/he are/is the fee -simple owner(s) of the property legally described in this application and that the attached ownership list is made a part of the affidavit and contains the legal description(s) for the real property, and the names and mailing addresses of all owners having an interest in said land. 2. That they/she/he desire(s) (specify action sought) for said property. 3. That they/she/he/ have/has appointed �y_\)D'J VAW'V_-'-D (specify himself or agent) to act as agent in their/her/his behAlf to accomplish the above. 4. That they/she/he affirm(s), certif(y)(les) and will comply with all ordinances, regulations and provisions of the City Code of the City of Ocoee, and that all statements and diagrams submitted herewith are true and accurate to the best of their/his/her knowledge and belief and further, that this application and attachments shall become part of the official records of the City of Ocoee, and are not returnable. 5. That the accompanying adjacent property owners list is, to the best of their/her/his knowledge, a complete and accurate list of the owners names and mailing addresses for all property lying within three hundred (300) feet of the perimeter of the subject parcel, as recorded on the latest official Orange County Tax Rolls. 6. That prior to the public hearing, if applicable, signs will be prominently posted on the subject parcel not less than twelve (12) days before the application will be considered by the Planning and Zoning Board or the Board of Adjustment, and will remain posted until final determination, after which time the notices are to be removed and destroyed. Owner's Si ature U) by Swornthis L{ day of Ila" 'nd_%&aCnb,edbefore me �Cls personally know to me or, who produced as identification, and who took an oath. e'- get Notary Public LA J. C " bPLJ COmmisslon 0 DCOMIU1134 M4 2M My commission expires: (D,�*' /L) Bonded twmo 32-4254) Florida NotaryAnn., hv. F 44-4-4-4•$640 .......... FORM-19 5 Application for Special Exception scribed before me thisLuf"N ay of by qW /� L/l�— who d 0� wto mesh e _or who produced as identcation, and who took an oath. Y'A LAURA J. Commission 0 D00134134 Notary Public U FPvV"q0r"Vjj Expires =MM 'f Bonded through (W"32.4264) Florida Notary Assn., Inc. Mycommission expires ..................... Owner's Signature Sworn to and subscribed before me this — day of 19—, by , who is personally know to me or who produced as Identification, and who took an •. Notary Public My commission expires: .. FORM-19 6 OWNERSHIP LIST OWNER'S NAME:. Normandale Financial Corporation OWNERSHIP INTEREST: 100% MAILING ADDRESS: 4200 W. Cypress Street, Suite 444 Tampa, Florida 33607 LEGAL DESCRIPTION: Legal Description Attached as Exhibit "A" *WNER'S NAME: 107NNA��� LEGAL DESCRIP11ON: FORM-19 7 F-DW-11" 3 v I Lot 2, OPUS SOUTH, according to the plat thereof, as recorded in Plat Book 33, Page 21, Public Records of Orange County, Florida. ss, 2-4.C(282) Special Exception: A special exception is a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. antenna; (3)a antenna; WUodual-polarized antenna; and K3u microwave dish. �� Automobile or Automotive Vehicle: A self-propelledmechanicalvehicle` ' designed for use on streets and highways for the conveyance of goods and people, including, but not limited to the following: Passenger cars, tmoka, buses, motor ` scooters and motor cycles, but not including construction equipment or machinery. (23) Automobile Repair. Auoe providing for major repairs to automobiles such as major mechanical repairs, and may include towing services, and long term storage of operable or inoperable wshio|ea but excluding automotive body repair and automotive wrecking nrsalvage yards. All automobile repair operations nhoU be conducted in an enclosed building except in an 1-1 Restricted Manufacturing and Warehousing District and 1-2 General Industrial District. Repairs to large books or heavy mechanical equipment shall be permitted only in an 1'2 General Industrial District. (24) Automobile Service Station: BuUdinguand premises vvhevagasoline, oU.grease, ` bo8eheo' tires, and automobile aooeauoheo may be supplied and dispensed at retaU, and vvhena in addition the following services may be rendered and eainu made, and noother: (o) Sale and servicing ofspark plugs, batteries and distributors, and distributor pads; (b) Tire servicing and repair, but not recapping ornagroovng; (o) Replacement ofmu0mm and tall pipes, water hoses, fun ba|ta. brake fluid, ` light bulbs, fuaeo, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like; (d) Radiator cleaning and flushing; (e) Washing and poUohing, and sale of automotive washing and polishing (f} Greasing and lubricating; kb Providing and repairing fuel pumps, oil pumps and lines; (h) Minor servicing and repair ofcarburetors; (U Emergency wiring repairs; 0) Adjusting and repairing brakes; (N Minor motor adjustments not involving removal ofthe head orcrankcase or racing the motor; A) Sales of cold drinks, packaged foods' tobocco, and similar convenience ` g ooda for aem\co nbdion nuohzmem ` as accessory and incidental to (n� Provision of road maps and other informational material to customers; provision ofneytroomfacilities; (n) Rental ofautomobiles nrluggage trailers. Uses permissible �a service station do not include major mechanical and bodyof painting, welding, storage ofautomobiles not in work, straightening parts, , . ��U� condition,or� work involving undue noise, �o�,�m�' smoke or-'�roharactmhaUoahoanextentgn*aterthunnormei|yhoundinonnvimaetatona. A othe service station \enot arepair garage nor obody shop. Automotive Body Repair: The repair, rebuilding or reconditioning ��eb�y ` ' framework or chassis of motor vehicles, or parts thereof, including collision service, painting and steam cleaning of vehicles, and wherein an automobile service station may also operate. Automotive Body Repair mhoU be permitted only in an 1-2 General Industrial Diatdct. �0 Au�mo��Y�c�gorS��o�o�/Tmc�ma�inQor�a�ng��� ` ' motor vehicles, mobile homes or other vehicles, or the storage, sale or dumping of ouchvvreckedordiamenUedveh|clmaorpodo,vvhiohuhaUbeponnUtedon|yinan|- 2Genena\\ndumtho\Disthot. �� Bar: An��buhn�th��gab�a��b�as�up�/�Um�a�u��d� ` ' serving alcoholic beverages with or without food, and includes uses described os "\oungas'or'tavoms'. (28) Billboard: See: Signs Q�\ Block: Ab�ckioall that propehyfrontage along one (1) highway lying between ` ' the two (2) nearest intersecting or intercepting atnaab, railroad rights -of -way, waterways, golf courses, campuses, parks or similar open spaces. (30) Board of Adjustment: The City of Ocoee Board of Adjustment is appointed by the city Commission to hear administrative appeals and applications for variances and conditional uses under the provisions of this Code, consisting of seven (7) regular members and two (2) alternate members (3i\ Boord�Q/Hbus�Rooming House or /fmuae/Abu��ngwhere �dg�g ` ' only is provided for compensation to three CB or more persons. but not exceeding twenty (2O)persons. Abuilding which has accommodations for more than twenty (2O)persons shall bedefined oaehotel under the terms ofthis ordinance. (3�) Boatyard.,A commercial or nonprofit boat basin with facilities for the sale, ` construction, repair, |ounching, ohodnO, berthing, securing, fueling or general servicing ofmarine craft ofall types. B� ��±A�f��m��i���c�d��|*�������b�. ` ' surety orproperty, inanamount and form satisfactory hoand approved by the City Commission, used for the following: kb Maintenance Bond: Aaon��mme���e\m�o�e�aCer���� `' Completion surety must baposted inthe amount of tmU0 percent of the cost of improvements. The condition of this obligation is that the local �i�0 18O.2.5 ARTICLE IV copy ofthe ordiproving 'ngUhobansf� transfer, U hv�yenmaoUnetronaferpenn� reasonable oundh�na including, but tV for the Qh/ of Ocoee. VOnar ' , ' rezoning related to the transfer and vacation or change to existing plans, may also be included. The bda\ number ofdwelling unit development rights approved for transfer shall bespecified inthe ordinance approving the transfer. K3 Initiation bythe City. In addition to the foregoingprocedures for initiation ofatransfer of development the �\h/ Commission on its own motion nnoy issue rights bva pn>PedY owna�na city Such shall only ��nahsab\�deve|opmen�rightsm ,n, , ~ ' bnissued where the Connmomon�maa commission finds fterreview bythe p\unn|nQ and Zoning commission, after notice and hearing as required by the Land Development Code, that issuance and transfer of the development rights is consistent with the Comprehensive Plan and otherwise meets the criteria outlined above. E. Exercise of Rights Granted byTransfer Permit. Application for building permits. for building permit where the seeks to utilize application—` d��rd shall edao submit o copy of the transferred d*ve\opnnard rights, One a..m/ ordinance which serves as the transfer penn|t, evidence of compliance with the conditions of the permits issuance. Upon such aubmimoion, the applicant ohoU be authorized to utilize the development rights transferred in addition to rights allowed under existing zoning on the receiving parne\, subject to the requirements of the Comprehensive Plan, the underlying zon\ng, and all applicable provisions of the Land Development Code. (2) Extinguishment of Rights. Utilization ofparticular development rights transferred shall extinguish such rights. shall notify the �������ng��e}�uon�.�fa� '''~~--��Department building permit which u o na U\�o transferred of development rights now extinguished. 4-8. SPECIAL EXCEPTIONS. A request for a special exception pursuant to the specific provisions of this Code may be initiated at any time by the city Commission, by the Planning and Zoning Commission, or by the land owner including his duly authorized agent, of the land for which the special exception is requested. Where there are multiple property owners, owners of fifty-one (51) percent of the parcels or fifty-one (51) percent of the interest in the total parcel must be represented as formal applicants. An application ��\�r�����������e��.���\���`�� p~=""'' TheapplicationahmUbey�nadbvUhn000Uuoniorhis agent, *ppvp'�===`""'~''~^'^''u--'—� 1SoftheOcon�LandDev�\npmun\�odocon�eno such signature verified underoath,c's�m�efacU��s \ add\UonsdSpa�dExceodoOprovisions ap�)cao/mv/telecommunications/ A. Review of Application. M\ ���������d��n����m��`���������dm ` ' -''Re�� Committee for review. The ��o� � Planning (or the Development Development Review ' Commi��e\shoUmmheanapodoonbain\nganaonmmendaU determination of facts which are relevant to consideration of the proposal and o 180.4.41 5-20-97 U-1�0��0 recommended determination of the consistency of the proposal with the adopted Comprehensive Plan. (2] The proposal shall be considered by the Planning and Zoning Commission at a public hearing after due public notice, along with the report of the Director of Planning. Following completion ofthe public hearing, the Planning and Zoning Commission or Development Review Committee shall make a report of its findings and recommendations b)the City Commission. Both the Planning and Zoning Commission and City Commission public hearings must be advertised in a newspaper atleast seven (Y)days before each hearing. All property owners within 30feet of the subject property must also benotified bv mail at least seven (7) days priorho the hearing date. This notice may include information on both Planning and Zoning Commission and City Commission hearings ifthe item goes before both Commissions. |fthe hearing information for the City Commission meeting is not available otthe time the notices must be sent for the Planning and Zoning Commission meeting, a second notice to property owners must be m ailed seven (7) days before the Qh/ Commission hearing detailing the meeting time, place, and other particulars. CB The proposal shall beconsidered bvthe City Commission adapublic hearing after due public notice, along with the report ufthe Director cfPlanning and the report oy the Planning and Zoning Commission. Following completion nfthe public hearing, the City Commission shall approve, disapprove, amend and approve the proposal, orapprove the proposal with conditions. Any action taken shall baaccompanied by the findings nfthe City Commission upon which the action was based. (4) |napproving e proposal,the City Commission may attach appropriate conditions hu ensure compliance with the provisionsofthis Code. Such conditions may limit the uses, size of uses or structure, or characteristics of the operation of a use, or may require buffers, |endacap\ng, or other improvements not oumnaUy required. Conditions may also require the periodic review of the use and may provide for the expiration ofthe special exception onedate certain. B. Standards for Acton bvthe City Commission. Approval of special exception application shall be granted by the City Commission only 180.4.42 ARTICLE IV § 4'8' VARIANCES. oronto»ahannefn�m8�e Connnlesk�n may raoornn}endandtbeCUY / v'--- d where owing to The Board of Adjustment may Lrary to the public interest )ulations when such variance will not be con' ons would result in unnecessary terms of these re� 3 a literal enforcement of the provisions of these regulati these special condition, ot be granted if it has the effect of nullifying the intent and purpose of hardship. Such V�riance shall n ariance shall not be granted by the city unless and until: regulations. Furthermore, such v & Application. ' with demonstrating-.aooUcaUonfee AxvhMenapo0ca�onforavuhonoeksm/Unn�eu _,.� - stances exist are peculiar to the e land, Thsd�pe�sdcond0onoand�r«u»nts involved and which are not structures, or required a«bdk\o\on \mPro»x~« applicable to other lands, structures, or required subdivision improvements; regulations would deprive \�e Thm�aUtera\\nheqpne�8onofthoproY�onaoftheaereguxiUn�\mUeroond\�ona� QA 8«ant��hghtn�ommo�ye^oyadbynthorpnoPemmsv" opp ' o8onooftha �A That the special conditions and circumstances do not result from the actions ' applicant; aq«eu,�v' n^ot�on�ronUhe oo�\co�any �A That the granting of the variance or epe�a|phvi\egethat indenied bythese reyu\wvwa to other lands, stn/u, naqu\nad subdivision improvements under similar conditions. No pre-existing oond\tionsofneA�hbohng lands which are con�aryhothese /"Qu\abnnashaUbe considered grounds furtbe\soVanceofevahancm. D. FindnQe' of this section have The Board of Adjustment shall make 8ncUng� that the requirements beenmet: dvahmnueehoUbeha\d. The pubU c hearing may (/\pub8oheuhum\y with the public hearing for approval of the '` '1) be held prior to or �nnuKe»eo »d of ^/�bus»hn nt and City Commission public preliminary Plan. Both the Boa ota�tm�ven R) dayabefor� each h�ohn�nnnuotbe�dverheed\na��wopapmr '� `.' hearing. F—Ak-UNAM S 6-12, PRIVATE AMENITIES. k Private open spaces. include private parks recreation \n subdivisions that Developers n�uy r' . � ^^--- ' ma"���h" on plat; ona adaqu�l�knthe � d are the proposed mnaaa o .~ ..-_ _� .�_ ,_, _ adequate p""�° — ' \ntn/wad p"''~~`o' and will be owned and maintained by o homeowners' association . shall b� identified on the o\sdae oonnrnon areas for the Phvatep����nd recreation areas . owners oyproperty within the subdivision. For parks or recreation areas over five (5) acres in size, the applicant may petition the City to own, operate and maintain the park or recreation area. ' �� {�1�. PERFORMANCE STANDARDS. ' ' A. _ Intent. - eshabUshstandards �fperk�n�anoofor oomn�enja| and The mYyN��o�on����sd�a�o��omcertainadve�e e�m�ofoommerd� industrial activities; bnpro�orream and industrial activities; and to promote o safe and healthy environment in and near commercial `and industrial districts. Smoke and pa�cUa�KAa�ar B. Nooperation oruse inany commercial orindustrial district shall discharge into the atmosphere from any single source any air contaminant which is: ' hd Equal to or greater than the density designated as Number One on the `— FHngeAmannChort. Measurement shall bemade atthe point ofemission; ' as to obscure mo0bmmnxa'svievvtoadegree equal 0zor greater than v"/ —' --opacityeakand�rd described in (1) above, except that when the m ` ` presence cfunoomb\nedwater \athe only reason for failure hzcomply, the standards prescribed above shall not apply; k� HcmeYm�when afire box, boiler orcombusUonde�ceiodeanadorafire ` ' is being started therein, air contaminants, the density of which is equal to Number one onthe F(inge|monnChart, may bapermitted for aperiod not hoexceed atotal offour /4\minutes inany one -hour period. ' ru��inUle�` me '\ or industrial districts shall discharge into the No�pe�Uono commercial ,.� ' atmosphere any inexcess ofaconnan�u8onofO.1Dgrams per ^ � standard conditions. Measurement shall be made at the cubic ho�d per hour a � a . point of emission. (3) Within commercial or industrial district, all activitiem, including on -site .=' paint^~,'~y^'u` grain'handling,----- blasting, transportation— incineration and salvage opmranu operations, be conductedsuch *x/ a manner that air contaminants in excess of concentration of one hundred (100) nioroQnema per cubic meter, standard conditions, will not be transported across the property line of the lot oMwhich such activity |olocated. C. Odor. (1) No use or operation shall be located oroperated in any commercial or industrial 180.6.78 ARTICLE VI threshold at the bounding property line orat any point beyond the tract onwhich the use ur operation is located. 8D The odor threshold aeher�nset forth ehaUbedetenn\nodbvobonmaUonbythe `�^ Code Enforcement Officer. \nany case, where uncertainty may arise, orwhere the operator or owner of an odor -producing use may disagree with the Coda Enforcement Officmr, or where specific measurement of odor concentrating is required,the rneU7odand procedure, ape�8edbvthe /�nehcanSociety for TeuUng ��a&mhcA13g1-57eubUed: "StandardMet hod W4eanudng{}dorin�dnn000haree" �� ahm\\ be used, and a copy of such publication is hereby incorporated in this ordinance byreference. D. Vibration. d�� a�U �a��e.u�u� mo»pu/u«m'"'"~~^'-` - - ' ' at the bounding Uneofthe source of oo�hbornav�raUona��|cn*men///����/=" , � ' r~r~v operation exceed the limits set forth (nthe following table: Freque"r-w in Cycles Der Second Acceleration G's Single Amplitude .00920 Vibration shall be measured by normal vibration analysis equipment with associated transducer mounted mmu�edverUc�-Dvcmtwo-inopipe 'pedhveninbzVlegnzunded\eos three CBfeet. E. Noise. ' U ���mm���� noise level M) f4nopom�^v`m/=""..~.=/~-�-. ` ' exceed seventy (70) deu�ga , ,�eu . ' flight or while involved in ' () These regu-tions Such shall, however, /^^""= landing,~~take-off- ` �� not k) normal landing, \ake+offor ' �oo� bz U�� testing r�ahora�'`�hen , taxiing operations. ` A The maximum perceived noise level limits edthe °,".~.�'.,r,., line ofany use may besubject tVthe corrections listed \nthe following table: Cl). 0 m a s c. a s n r ® 41 e C y @ N Cr CL w oM Cl) CL a. CL a s CL o a a. a. u5 m ® *0 3 r , co n. , a n. cn cn a n. w v m w m t- U n. n CL a U) , Ch z O r t9 Lh r- n 0. a cL ui co d= cn a a. a. Q. _ c Wtl. Lb Lb a a s rL n .o ¢N c, cL a. 0. CL v> N m n n a a a {L d m cr y� C O U5 Q1 fy.9 Im .0 C 0. U N 0 •_: N "Z } L7 C N 1T N JOs N _ O N a) d N .0 E E O O " c N _ C a)W t!i z x c@ E S E W c Q a V) . T A N? as Cl v n c S E =: •CU V �- N 'a I m m °' E c tJi h' Sw o ❑ cL O U N 0...� N ro w �. uj 2+' O w N O O = n cn 'U .0.. CO5, 7 W 0 u a E E w 0 0 u X t o EL Zo cn Q °¢ R d U U 0 a o '3 m� z �". U N 0 N 0. to 72 c N � � 15 @ N N N f.,6 .0 � t` N E7 @ � 0 � W @ 3 @ O Nq Ql Cn N .0 •� CO @ @ @ > m i4) 2 a fn U) ,.@, V. N (Ll lU N 41 'O N C ,coo W m E E E E E Em v) �— ci O O O O O O ,y W N v. 'E Q d Q m m m U U Q d d d Q I C/) a) N E co d> 1 06 > (D I2 0) C) 0- co z 0 cc 0--o cz w 0 U) c a (1) N> w .91 U) w CC cr cr 0 CI. E 0 0 LL E a) > C) 0 C� LO NQ z x w V) - CL E x n W CL — .03 C) M 0 -�; . C- 0 a CL C� co 0 w LI) (Y) U) �o a 3: > 06 o o6 o E c: (z ca 0 CL a) .0 r_ _j c- o C6 — (1) w Z) w U) M 0 C) CL ol co C-) CD (3) (D LU :3 w w w (D U) n — (o C: E E rr. w N -r cd 3 E :3 E as CL c 0 U) CL :3 <= 0 0 < a) a) a) a) W W OD 2 F _ I -a a) 0 ( o E E E E E E E'� W E co U) 0 < < 0 75 0 U) W C6 0 0 0 0, ol q- 0 0! t C\j NiC\j C\j cc -rrj -rri -rrj Fri I -cri-I f,-, ��, j cn > 0 0 > (D - ayi 0 ro > o w c .2 co W r- x E z 0 C\l E Q) E 0 c rn E C: o 2ro co U LU Cd ro- �: 0 Cc cn .-0 Z Cf) cl. M vy 0 c o C) N E r- a) 0 (D E CY) 06 IL D 6 a) o T. C'. co P = E 0 co co 0 0) r- N 0 0 C\j C: E 0 o L m 0 0 c N co 0 40- &- O >< .2 a) IL o m CC13 0 JXU 'D cr, cr) 'in 0 C'3 U) m U) C\j co C cy) co 00 co C\j co !R !R N 0 N cy) C) iz 0) ce) C\j C CD 000 (D CD !L�-2 0 00 0 CC) C) Z�5 0 C-5 co M :t-_ Co m 06 U) CL c a) co C) co cu 0 M 0 C .20 l@- c C co co C" a CO 0. c CL W 0 W 0 a U) .- 'o 'o 0 U) 0 �2 (D C.) co -- o .r- 0) U) s U) ca E X a a) 0 0 > E �o E =0 -0 06 CL > E X a) cz ID C: N _a -OM E m ox ==3 L E E cr, a) < CC < cc :3 CL U) IL U) CL U) U) CL w m CL Co U) U) lio -i IL U) -1 0- (n U) Cf) 9 (D ,-o c (D C) It 0 CY) CY) 00 9 0 CD 0 C\l 0 9 Cf) — 9 1 c y C\j CY) (0 0 CD 0 Cb 0, 0 6 6 0 0 9 9 CV 0 9 CY) 0 00 0 0 CV di C) C 0 0 C� C� acuccow\,.)JIccuoo\,))j 0 9 I C\l CV 0 9� 0 IL i C) cc < Ch 6 U) C/) U) �t U) U) I U) U) U) CL < N U) cr U) :D N CL 0 a) co E CL co C: a) C F- IL �; a) a) F- 0, N co 0. FL od U0 o) 0 a) 0 a) E C) (D > 1 > CL a) E C < C CL U- F- < 0 a) 0 0, 0 CPI ib 0) UCC (D (D Q < 0 a) U) Q cr U) < co cz 0 Cl? o U O ca x Cv '0 N C c N `- N a) .• > O O L7 i in c U a� \ L v ou Q •� � E W C*7 Ce) Q) _ O O ® ® M /LO c U) c V a3 ,, a) o a to co V 6 p a a) U3 C C\jN C 0 c CL O to p M co �? '0 Cl. c ' It It W co .c wca o C.c a. , 5' Cep 0 ( � a) } O QLU o Q U () yco a] m 0) a) 0 a) co W Q 0sa °n c Q E co o N iU) cU)Q oV Q E O E n 3 .1 aCl) v o CL c ev > o Q a o o° c U cn a)Q E u) a a> ca E c m0) 5 ii �" C3 .�* U U aci va 3 °' ac c U)C7 m C: N i �- N N tC CC H cccr m Cc rr Cr wCCrr L1 ,. N m N 0 0 C*) 0 aa N tu i- I N T- a c` ca N c`n N N U) O ci N a) G? oO Q oO o r ® O d O O C ca 06 Q (f) <L (� L' C 27 C tU O ,,� �. C =p O O N 1- a. O c D ua Q ct3 ca cll E c nscz c) E CL E N Q .� E •- a cn CL X - G].. C. cry E CL va C3 c O C C O. C U) X E X C 0 [L #�. a) Q O— O 0 to E: CL U) cEoE- <CwU<C-jCLU) = -coEoEa) _3 CL <0<CL Ccoc=cnsmE-cU)aa))E LLa< CLLCLCLCL0.<L0CC<( d a , o }- '- CCU CD Q C� N t` O N O O, r� O ��' Q 0 0 N ,��+ CL CV o CL < o is 6CL6OC7 C) .. b Cc U) ILLl J <Q U) 7 C i O j -.. rotTS o0 0 �r a U �0c � -iM x > m n - c o(dU) c N oN - " caEO.O > CL 5 Itd 07 ?c M O O LU- (10 O U- WW w W L CO LLLLLULL O o� ril W rcGO o S uo3 O o Na) ? © (DZo cNz C V) C � x O o0 (G O U O U ca �N C6C'70O O 0) Co Oa)to O � 'K 0) Z 2 W N N �pV- o �``' 0� U CL CL �S c a i/i U U a) W E C'') G p f `��^ �1 "' to O. -C t7 O C ° T Cf) O S? 0)<> Y O W N ,`r QZC?Q� c6 O cta U O O LO _ J ( (� O :I O iLW 'a O .0 O S N E �S O Q Cll CZ U) O (Z i Gs �? 0O cco C E O N °6 N Z p E O tll 0 U) .r O +n o cz Ob a U S l ZTZ 0)o I"> LL Cc)E tom' ' coM T T T T co ti •emu �o CC CCr: CC CC t— F- h— CC� Cr "..I ill i. p O O O CV O N O c7 O N O M CO O� O C70 C+� co (�. Nco LO N T T �;:;• O O T O O O O O OI O lSi C CLL c- CL m ) Cll i3 U) '> ca a c Q (- y011 i- :, — za X a� c •= c o c o c r CL cs i� tJ) } E L C c c 0Ni co U) CL ,J U) Q if) LC CC > J U) I-- CO Nc�0 O a a T oa c Oo oO O ONOO NN 0 O cc N' cc (A p 0 O E 0) O'er j N E O O Q O CL I 0 d O0, 0) (� w c c ON O0,- � ® ®'�iu 3 Ot.� oO .- c `0O '- cz o OCOO 'C ?O,Ci UO cO C' O (0 O N X O a O .5; co co. r, 0 CY) O Cl c 0_ O CQ) r- O �'� O _y a) Cl)a) U) o > (Y) 70 a)U a) Q� U a U N U o C x u Etas a aa) i co oU -aNtS 0U CL'acl )c o t� U) a �- O o o cu C � p - �. a)CO ' o a) ° E o N --� c° vi n U �t 1— as n °_ C "' E > �A VJ ry® �l �N oZ CL C� W ipC C C �U o e 1 ,4 <Li o •O c �. a)06 Ep O Cy) U U c< C a) a o Q. 0mC60a Cam• UUEa �m a)U6-, C co 0m ro UoO as CN CRL -a E co CL Od N W a) OU OD }p mW- La)Q O U �N) a o a)oOC _0 ' 'a 'oCU33•._ w U-Q O Q��� � F J- o. 0G O oww LO E p U a) w U m mo O M C °1E °��Ej� a) E a) a a) E mC E° O CCS Y a) Q Vl) Co p a) O O O (Oa)pCC uj 0. CO �<!=j u>�a) \'w N TO c0 O m Co cc ( 6 0O co ,vN a ccanu)¢aU c U) *_ C11 cm n.� w a w w� o a o 0 0 o o a o u �- �. w r` Oq N N N Q U)d C7 N N r OD co C`7 C�tS T r Ca r C7 t0 0 C7 0 i ,; (13 C COO Q Q CO to co a) � p LL �i C3 E a' a)CL C N Coa n n. Ctp C aUON tli <;.r wd. C o `a ° o °Ca '-�°' •� wE •° ca :.. X C � U O U) C) U ,; .•> O ON ll O aO a) O -@=CU _ v'G-i* ' N E E CL C0NCte C a)wa) d- Q CC U) CC U) Q U) <t Q J 11 0 LL C7 d N _ o ca 0 O h co O r Ni 0 O O r r i Cv C'Y d IL o N 0 CV 9 9 C) m J U) cc U) U) O O O a) Q` 'a "C) 't3 cU C*) O L a) >, (LS >+ ... Uj C C ? C w OO O a) � C a) U) ' a) a) 0) ® E O (2 O CY pL c`u o E 0) �? Ci C C a)E c cno D cam M- C w 0)M O Uwxw _� a) a) C CO cr O o� O ' •? .0 tL1 � {iS d) @ _ Co •C U U @ U `s J co Q J _J o 2 a- 2 CC 2 U) l a- 2 2 J 2i r� 0 ,It t c cy = oa c CTJ CL a U c.i C lLS �N o C7 "C? � � _0 o C[ i N ® N N O > = C? CV LO cz � i ""�_r ++ d -� a te.} CL E co CIOV r� O a2 O tU LO O C Q 4o zy z CC7 O O • to a v- O C O co p .=' 4 Ch C1 CO C1 Ca oCL CL •- C\j U Y vz as o `� o n co c r o } ill COE Oo Cu X co co 0EL ato c cr �' O U Z�5 CL U_ o co a c co o co C\i C\j CL ce) U IL o LO > COoco U �. �,U as od W v coy a ° N c to a sn C CL c� U)Cu cu = o w �' �? c ;n cn M cz C Cli C tll N C C C?y O O Z7 i7 C6 L1 CU O a> E U) 0 CL J CU E CD E CR (a E -a O a� :,_ E E E 'o co O O a O E a) + E �> Cll a) E p� +- cod O U (D co E a 0 O o 0 O 0 � U +- .0 `� Cll = _ E a QO � r- O C (ll CC O O pO N 0 OO tC O Cn N tt1 t6 CO Co > tll .... ,. r U) v U U r0 tY U > U U) U d U) Cis U) Gl U` > in i u r ) r N in r in r in r LU N r r cc CL Ll1 !— > - Cr Ct CC Cr- x E - CC: Cr { pC G, i�„ -• .i W 1J� CV Ca C+? CO t�? 0 t") 0 Co CC) N C1! cr) C� CY7 r O C') r r C7> n O iV (� 4C Li ' N eh N of O co i co IN LO n d N OHO ca CQ Co co z p LL d Q CL .c �' ii n cu us vs tf� ° X �, L, C c Cl) C CL na a� LU v W n c6 o CU 0 � Co > m c .> x —(1) E e .} va Us #�# � � � � > ca u a CL U) < d con -i w CL U) IL 0 0 0 `a o .- C� o o 0® o o 0_ Co O O Q Cul O O Q CAI O O OOC\j O N N N N CL n' Cb U) W .,I c 0Fo-CD a) CZ E E E E 0 o0 0o U W O N 2 o 03 .0 .0 1-C m I CLi U} O N U O C9 O 00 O CLS QC C C C C E U a -L � CC o � E CD d a o (D o 0 a°'i o m aa)i o aa) o� a x a U)I o IQILQCLQCLQ�,QQ�U R R ZU QCLLL n 0 LO co 0 N i`- -0 o (6 — T n u) v, E ° a) U aciUa7 0 x4, h A E(ao E co o c a i r p E ttf -0 N N N U) ri o co i k in a (Q CL a) c N CO M a) �f T Vi a) Ca U) 2 O > N -D � t3 )x > p U) c co 0) N v (D (n (D 0 A Ny E 7 W igt aj coo C E ° C N a= ` o)a 0 o a aio 0 > c E E E _�o(D B _ 1*: .o E r Lo 0 20 o a) /�� AN C6 �' ' ai C v C c () U � N 0 � � a) � dt co 4) � CO N !LI . samVt s*.... i i O _ °c' co:nCOa) N ems-• 0 a � (O V u> C (�,'cn ar cj � CO a) E () � (C. a 'y(�, E_ a E m O �-�c N ca ° �Ey()�(a a)Y_ E o Ec } a crn ro_ o� � o o CL m uj c !n a - LL O ) U) U) 2i c F- (n U (n U) U - �'° ` a N 0 T N T T N 0 T Z rr CL mco() m mco f7 � m m (o (j� ;'' �` O O O O O O O O O O O �T N r N O *- N L N N O N O t!5 CO. 'd' U) (U (Q w i�ILI O LO O C'm O O" O O O 00 (D0 1 p c a) (D ca c o CO c a c c c c- c — C c c co a) w Co d CL a) ��, c E M a- ��- w > CY) N E 0 c� () W C co U) ci c Q CO c in a) c ��� >-_ (j rn c c c (j - U) .c E� } (a to cu) c N a)co N ® � Ci3 c� Zf 'O 'C1 RS C c � , ..O co c co E� 2 e E_ c c c t6 E— m �._ Q c C(f _C Cc .J U) ,J Q D- Q. U) U) Co m CO U) a_ U) Ci {^ W IL tS Ci J' ', T Cl) O YFwt ( O O { O (v) O ' O ci s" O O N O N O N N O Jam! U) U) '.' 4; C co ?r„ v`ni vi w co U) 0 ) a) D 0O O ' C�J c .6 c c 'tn CL a CL a) uQ`; a d 7, m W m ux m m co c E s E� E E - E E_ w CC m y a) aocorov o a o ca as °� a) a ru o w o m c v 0 F- CLLiLriU)t?IZ��U)� h2 I- F-LLF-tit-Q'S >' CO 0 N h c i Wino N0 a- O E Q- t 01" , c+i r co 0 �y >° '> U c°> W i- U 7 O M Ca a a1 73 ca c N t`p U) a N N a N J �cr Ui E Li j Q i4�'. �rr a�G (u) 6i Cy7 �O O o Yw LO m� O 0 CO Ct� a 5 a U U K� w c(a "`p _ N °= �" O co ~ U A < v W ct N 7 E= T OL � Q< f ' O O O �` ` O O O O W O flu Q x C a ) O O to F a)a Q1 a)W Q O O '0 0 ,Ou . ' r E us Ex4+ °r— O E ''—' E Q Loa E E O m E F :Zr: O O 41 "JE w EE��U cu O 0 �'Ln o O w ;' E � � �o `cam = /off )Q� I ��� cv �C13 /�1 �r«I^�s VJ ♦ant• U/ n. �./ U �CL U) U) U) zi fn rn fn V? vx ° YJ CA CM Ys S W J Cr cc W # CC e � (Y) tV N M (Y) N wit,o 0 0 0 0 0 © F W 4 o> Ct c0 C> o M v N ua N h 9— Ci W. Oo O C? O C7 O «,1 Li. d? W c6 CL h v) '� E cz U) a- C C ¢a-U)d(L �� Ep a ILn.U) N LO CM CL F 40 "A' W a u O <0) N O C? O N O p O cc va U) G' U) Q lit to C O J RS O co O O O m E co O W O `vs li 'o cam''_' C 0 c j 4 0 pai°,' (D 0 *-nib v o i� 0� 0 a c c s:D- c� a�i a`�i sibs- r� 0 rr- Ca a N