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Home My WebLink AboutItem #10 ABC Annex. and Rezoning Ordinances AGENDA ITEM STAFF REPORT Meeting Date: December 5, 2006 10 -We: Item # Contact Name: Contact Number: Bobby Howell 407 -905-3100/1044 Reviewed By: Department Director: City Manager: Subject: ABC Fine Wines & Spirits Annexation and Rezoning Ordinances Project # AX-04-05-18 Issue: Should the Honorable Mayor and City Commissioners approve annexation and rezoning ordinances for ABC Fine Wines & Spirits? Backaround Summary: Parcel Identification Numbers: 20-22-28-0000-00-019 & 20-22-28-0000-00-062 General Location: The subject properties are located on the north side of Colonial Drive, approximately 575-feet west of the intersection of Bluford Avenue and Colonial Drive. Parcel 20-22-28-0000-00-019 is located west of the existing ABC store and parcel 20-22-28-0000-00-062 is located north of the existing store. Property Size: Parcel 20-22-28-0000-00-019 is 1.061 acres, and Parcel 20-22-28-0000-00-062 is located north of the existing store and is 1.294 acres in size. The total size of the property is 2.35 acres. Actual land use and uniaue features of the subiect properties: The subject properties are vacant. The proposed land use is the expansion of the existing ABC Liquor Store. No unique features exist on the properties. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. Annexation of the subject properties will eliminate an existing enclave that the subject parcels are contained within. The subject properties are contiguous to the City limits on the north, south, west, and east, and therefore, eligible for annexation. In addition, the developer will be required to enter into an Annexation Agreement with the City that will require the developer to dedicate right-of-way along Bluford Avenue to the City, and grant a cross-access easement to the Floors Direct and Seven Eleven properties, and grant a joint access easement along the proposed access aisle that will be shared with the Floors Direct property. Joint PlanninQ Area AQreement: The subject properties are located within the Ocoee-Orange County Joint Planning Area (JPA) and are being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the properties to C-2 (Community Commercial). Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Rezonina: The applicant has requested a City of Ocoee zoning designation of C-2 (Community Commercial). According to the Land Development Code, the C-2 zoning designation is intended for the conduction of general retail business. The C-2 zoning designation is consistent with the adopted future land use designation of Commercial as shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps. The rezoning is consistent with the CRA (Community Redevelopment Area) Plan, the State Road 50 Activity Center Plan, and is best suited for commercial development that is detailed within these plans. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Aareement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: The subject property's proposed future land use classification of Commercial is consistent and compatible with the Ocoee Future Land Use Map and the Orange County-City of Ocoee Joint Planning Area (JPA) Land Use Map as indicated above. The applicant's petition for the initial zoning classification of C-2: Community Commercial is consistent and compatible with the future land use classifications and the existing zoning classifications of the surrounding parcels. Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services could be adequately provided to the subject properties. When the applicant chooses to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The rezoning to C-2 is consistent with both the City of Ocoee and Orange County Joint Planning Area future land use maps. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on March 29, 2005 to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation of ABC Fine Wines & Spirits as presented. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed ABC Fine Wines & Spirits Annexation/Rezoning at a Public Hearing on April 12, 2005. Following staff's presentation, the Planning & Zoning Commission recommended approval of the proposed annexation/rezoning with an 8-0 vote. Staff Recommendation: Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends the Mayor and City Commissioners adopt the ordinance to annex 2.35 acres of land known as the ABC Fine Wines & Spirits property, and also adopt the ordinance to rezone the property to C-2 (Community Commercial District). 2 Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance Annexation Agreement Financial Impact: Increase in tax base due to annexation. Type of Item: (please mark with an "x") Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: Consent Agenda Public Hearing X Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 3 N/A X N/A N/A ABC Fine Wines & Spirits Location Map / )~~ ~ ~ --",.. ~ S \\ ) ~ <:II ~~ ~:lI o~ ~ ;; ~ ':~ c -. ...., o~, LAKE BENNE7 CD A~ 0 - - ~~ - >- Colonial Drive o~ ~ - 0 ~ ~ ~~ ./ >---- ~~ 1/ ~ r I 1\ I / \ ~ ~y I l , I~ ~ Ocoee Community Development Department 1 inch equals 400 feet 12$2.5 0 125 250 375 Feet Printed: November 2006 C Subject Property II:I:m Unincorporated Territory LU.J.I and Other Municipalties o 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 ABC Fine Wines and Spirits Surrounding Future Land Use Map I Ocoee Community Development Department 1 inch equals 400 feet 130 65 0 130 260 390 Feet Printed: November 2006 C Subject Property ~ Unincorporated Territory IUJ.JI and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) L..... I Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) _ Neighborhood Shopping (C-1) _ Community Commercial (C-2) _ General Commercial (C-3) _Restricted Manufacturing & Warehousing (1-1) _ General Industrial (1-2) ~ Commercial (PUD) em Low Density (PUD) _ Medium Density (PUD) _ High Density (PUD) _ Public Use (PUD) / // Unclassified Lakes and Water Bodies ABC Fine Wines and Spirits Surrounding Zoning Map CITY OF OCOEE ANNEXATION & FEASIBILITY ANALYSIS CASE NUMBER: AX-04-05-18 ApPLICANT NAME: ABC Fine Wines & Spirits Store PROJECT NAME: ABC Fine Wines & Spirits Store This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Bobby Howell I A. Applicant/Owner 11. Owner (if different from Applicant): I Same as above B. Property Location 1. General Location: North side of Colonial; approx. 600 feet west of the intersection of Colonial & Bluford. These two properties are west (019) and north (062) of the current ABC liquor at 10835 W. Colonial. 2. Parcel Identification Number: 20-22-28-0000-00-019 & 20-22-28-0000-00-062 3. Street Address: none 4. Size of Parcel: 1.061 (# 019) & 1.294 (# 062); 2.35 acres total C. Use Characteristics 1. Existin Use: 2. Proposed Use: 3. 4. Vacant Expansion of current ABC Liquor store and strip center nla nla - proposed commercial use D. 4. Proposed Ocoee Zonin Commercial A-1 n/a-parcel to be annexed; JPA Land Use Map desi nation: Commercial C-2: Community Commercial E. Consistenc 1. Joint Plannin Area 2. Comprehensive Plan: Yes Yes III. FIRE DEPARTMENT Chief Ron Strosnider 1. Estimated Response Time: 3-5 minutes 2. Distance to Property: 1 mile 3. Fire Flow Requirements: 500 gpm Page 1 of 3 Applicant Name: ABC Liquor Project Name: ABC Liquor Case #: AX-04-05-18 111I. POLICE DEPARTMENT Chief Steve Goclon 1. Police Patrol Zone I Grid I Area: South zone Grid 32A 2. Estimated Response Time: 3-5 minutes 3. Distance to Property: Approx. 2 miles 4. Average Travel Time 5-7 minutes Bobby Howell $175,475 (# 062) & $234,125 (# 019) $175,475 (# 062) & $234,125 (# 019) Unable to determine at this time. Unable to determine at this time. Unable to determine at this time. Unable to determine at this time. BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Bobby Howell No I VI. UTILITIES David Wheeler, P.E. I 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 8-inch line on the north side of Colonial. Nearest Water Main: I B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of 12-inch gravity main on the north side of Colonial. Nearest Force Main: 5. Annexation Agreement Needed: No I C. Other 1. Utility Easement Needed: No 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No I VII. TRANSPORTATION Bobby Howell 1. Paved Access: Yes, needed for the entrance off Bluford Avenue. 2. ROW Dedication: Yes, for Bluford widening and entry improvements. 3. Traffic Study: Yes, as a component of the development review process. Page 2 of 3 Applicant Name: ABC Liquor Project Name: ABC Liquor Case #: AX-04-05-18 1 4. Traffic Zone: 1618 I VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP At the time of this analysis, sufficient roadway capacity existed to A. Transportation: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. n/a - non-residential use. B. Parks I Recreation: At the time of this analysis, sufficient water/sewer capacity existed to C. Water I Sewer: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. The applicant will be required to handle stormwater retention on-site. D. Stormwater: At the time of this analysis, sufficient solid waste capacity existed to E. Solid Waste: accommodate the proposed annexation. This condition may change and will be subject to an official concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I The project will need ROW dedication on Bluford to accommodate widening and entry improvements. Joint access and cross access will also be required. These issues will be covered with an annexation and/or development agreement. Ix. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP I Yes, this annexation is consistent with Ch. 171, FS. NOTE: According to the Orange County Property Appraiser records, both properties are in the City already and have been assessed and taxed as such (See attached OCPA records). The Orange County GIS and the Ocoee GIS have these properties in unincorporated Orange County. (See Orange County map). Page 3 of 3 aIDI NANCE NO ---------- (Annexation ordinance For ABC Store) TAX PARCEL ID #s20-22-28-0000-00-062 20-22-28-0000-00-019 CASE NO AX- 04- 05- 18: ABC Fi ne W nes & Spi ri t s St ore No. 52 AN aIDI NANCE (F THE a TY (F ocrnE, FL<IU DA, ANNEX( NG I NfO THE ~rnATE U M TS (F THE a TY (F 0ClEE, FL<IU DA, CERrAI N REAL PR<PER!Y aNfAI NI NG APPROXI M\TEL Y 2.355 ACRES LOCAlED 575 FEET VEST (F THE STATE ROID 50 AND STATE ROID 439 I NfERSECTI rn PURSUANT TO THE APPLI CATI rn SUBM TTED BY THE PR<PER!Y~; FI NOI NG SAI D ANNEXATI rn TO BE ~I STENf VI TH THE 0ClEE COWRElENSI VE PLAN, THE ocrnE a TY aDE, AND THE J(I Nf PLANNI NG AREA AGREEl\ENf; PROVI DI NG Fffi AND AlJflIR[ ZI NG THE UPDATI NG (F (FFI a AL a TY M\PS; PROVI DI NG DI RECTI rn TO THE aTY CLERK; PROVIDING Fffi SEVERABILITY; REPEAL! NG I N~SI STENf aIDI NANCES; PROVI DI NG Fffi AN EFFECTI VE DATE. VIIERENi, pursuant to Section 171.044, Florida Statutes, the owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida; and VfIEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and VfIEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and VfIEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and VfIEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be ORLA_338950.1 -1- consistent with the lP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City ofOcoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTIONS OF PARCELS A, B, & C, EACH ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF). Section 4. A map of said land herein described which clearly shows the annexed area is attached hereto and EXHIBIT "B" and by this reference is made a part hereof. Section 5. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A Agreement, and the Ocoee City Code. Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. ORLA_338950.1 -2- Section 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the date of adoption. PASSED AND ADOPTED this _ day of ,2006. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF - , 2006 ADVERTISED AND READ FIRST TIME , 2006. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_338950.1 -3- ORLA_338950.1 EXHIBIT "A" LEGAL DESCRIPTION DESCRlPT1ON: PARCEL A A PORT1ON OF THE ABANDONED A TlANT1C COASTUNE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE 2027 OF THE PUBUC RECORDS OF ORANGE COUNTY. FlORIDA BEING DESCRIBED AS FOlLOWS: COMMENCE A T THE SOUTHWEST CORNER OF SECT10N 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS A POINT OF REFERENCE; THENCE RUN N 89"56'19"E, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST UNE OF THE SOUTHEAST 1/4- OF THE SOUTHWEST 1/4- OF THE SOUTHWEST 1/4- OF SAID SECT10N 20; THENCE RUN N 00'8'23" W, ALONG SAID WEST UNE, 74-.50 FEET TO THE NORTH RIGHT OF WAY UNE OF STA TE ROAD No. 50; THENCE RUN S 89"57'04" E, ALONG SAID NORTH UNE, 250.00 FEET; THENCE RUN N OO'8'23"W. 200.00 FEET; THENCE RUN N 50"OO'00"E, 17.93 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE WEST RIGHT OF WA Y UNE OF AFORESAID A n.ANT1C COASTUNE RAILROAD; THENCE CamNUE N 50"00'00" E, 100.00 FEET TO THE EAST RIGHT OF WAY UNE OF SAID RAILROAD, SAID UNE BEING A CURVE CONCA VE TO THE NORTHEAST; THENCE RUN NOR THWESTERL Y ALONG SAID EAST UNE AND CURVE HA VlNG A CENTRAL ANGLE OF 3"27'42", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 343.16 FEET, A CHORD BEARING OF N 37'4-2'4-2" W AND A CHORD DISTANCE OF 34-3.11 FEET; THENCE RUN N 35"58'51" ~ CONT1NUING ALONG SAID EAST UNE. 28.88 FEET; THENCE RUN N 39"18'44" W, 52.71 FEET TO THE NORTH UNE OF THE AFOREMENT1ONED SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECT1CN'J 20; THENCE RUN N 89'45'26" W, ALCN'JG SAID NORTH UNE. 82.31 FEET TO THE WEST UNE THEREOF; THENCE RUN S 00'8'23" E, ALONG SAID WEST UNE. 52.36 FEET TO THE AFORESAID WEST RIGHT OF WA Y UNE OF THE RAILROAD; THENCE RUN S 35"58'51" E, ALCN'JG SAID \E'ST UNE, 87.61 FEET TO A CURVE CONCAVE TO THE NORTHEAST; THENCE RUN SOUTHEAS7ERL Y ALONG SAID WEST UNE AND CURVE HA V1NG A CENTRAL ANGLE OF 3"28'17", A RADIUS OF 5779.65 FEET. AN ARC LENGTH OF 350.18 FEET. A CHORD BEARING OF S 37'43'00" E AND A CHORD DISTANCE OF 350.12 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARGa OF LAND CONTAINS 1.037 ACRES MORE OR LESS. -4- EXHIBIT "A" CONTINUED DESCRlP77ON: PARCEL B NO IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST :/:A~~g';,~ 20, TOWNSHIP 22 SOUTH, RANGE: 28 EAST, ORANGE COUNTY, FLORIDA BEJNG DESCRIBED AS FOLLOWS: SOUTHWEST CORNER OF SAID SEC770N 20, AS A POINT OF REFERENCE: COMMENCE ~ TN ~~"56'19"E ALONG THE SOUTH LINE THEREOF, 664.88 FEET TO THE WEST r7:~ ~~/~ S~THEAST '1/~/gF ~~ ~~~~v:;; ~~ ~ ~~ ~:~~S~'t:klN~~~~ R~~~ L~J~~ ~l~~~S RIGHT OF WAY LINE OF STATE ROAD No. 50; IHE:,!JCE: RUN S :9"57'04" E ALONG SAID NORTH LINE, 100.00 FEET: THENCE RUN N 0018 23L1N~ OF243~~ , '00'00" E 107 70 FEET TO THE ~ST RIGHT OF WA Y ~ mr;. ~~N~ENC~A~~N~ ~~tf ~S c:f~o;~oJZ~~~~:E~c::gt:fo:a;:O:, ~~~ 2g.;~ ~ "rl ;'~B~~THEAST: THENCE RUN NORTHWeSTERLY ALONG SAID WEST LINE AND gURVE' HAVING A CENTRAL ANGLE OF 2'0'58", A RADIUS OF 5779.65 FEET, AN AROFC FEU. A CHORD BEARING OF N 37lU'20" W AND A aiORD DISTANCE 't:o~~ %'c.,~2~~CE RLJN N 35"58'51. W, CON77NUlNG ALONG SAID WEST LINE, /87.61 FEE~ ., T LINE OF THE SOUTHEAST 1/4 OF THE SOUTH'frEST 1 4 OF TH~ ~~Ur:W:~~J:/~ ~C77ON 20; THENCE RUN S 00'8'23" E, ALONG SAID WEST LINE, 559.18 FEET TO THE POINT OF BEGINNING. THE ABOVE' DESCR/Bfl) PARCEL OF LAND CONTAINS 1.294 ACRES MORE OR LESS. DESCRIP77ON: PARCEL C A PARCEL OF LAND IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SEC770N 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEJNG DESCRIBED AS FQU.OWS: COMMENCE A T THE SOUTHWEST CORNER OF SAID SEC770N 20, AS A POINT OF REFERENCE: THENCE RUN N 89"56'19"E, ALONG THE SOUTH LINE THEREOF, 664.88 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4: THENCE RUN N 00'8'23" W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WAY UNE OF STATE ROAD No. 50; THENCE RUN S 89"57'04" E, ALONG SAID NORTH LINE, 250.00 FEET; THENCE RUN N 00' 8'23 "W, 200.00 FEET: THENCE RUN N 50"OO'OO"E, 117.93 FEET TO THE EAST RIGHT OF WA Y UNE OF A TLAN77C COAS1UNE RAILROAD, SAID LINE BEING A CURVE' CONCA VE TO THE NORTHEAST: THENCE RUN NORTHWESTERLY ALctVG SAID EAST LINE AND CURVE HAVING A CENTRAL ANGLE OF 1"34'04", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 155.42 FEET, A CHORD BEARING OF N 38'39'312" W AND A CHORD DISTANCE OF 155.42 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTHWESTERL Y ALONG SAID EAST UNE AND CURVE' HA VlNG A CENTRAL ANGLE OF 1'53'38", A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 187.74 FEET, A CHORD BEARING OF N 36"55'40" W AND A CHORD DISTANCE OF 187.73 FEET: THENCE RUN N 35"58'51" W, ALONG SAID EAST LINE, 28.88 FEET: THENCE RUN S 39'8''''''''' E, 167.43 FEET; THENCE RUN S 34'28'13" E, 32.54 FEET TO A CURVE' CONCA VE TO THE WEST; THENCE RUN SOUTHERLY ALONG SAID CURVE' HAVING A CENTRAL ANGLE OF 34"39'10", A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 18.14 FEET, A CHORD BEARING OF S 17"08'38" E AND A CHORD DISTANCE OF 17.87 FEET TO THE POINT OF BEGINNING. THE ABOVE' DESCRIBED PARCEL OF LAND CONTAINS 0.024 ACRES MORE OR LESS. ORLA_338950.1 -5- -l ~ Q ORLA_338950.1 EXHIBIT "B" ABC Fine Wines & Spirits Location Map LAKE BENNE '\ '\ Colonial Drive , 1 LJJ ,O~] ~ -~~<?) 'r~...... \~\ ~., J) mmmmmmmmr.J / <;)x... _m____~ ....__mm~~__..__ -- ~-- -6- ORDINANCE NO. T AX PARCEL ID #s 20-22-28-0000-00-062 20-22-28-0000-00-019 CASE NO. AX-04-05-18: ABC Fine Wines & Spirits Store No. 52 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, "CITRUS RURAL DISTRICT" TO OCOEE C-2, "COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.35 ACRES LOCATED 575 FEET WEST OF THE STATE ROAD 50 AND STATE ROAD 439 INTERSECTION PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property contammg approximately 2.355 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-I, "Citrus Rural District," to Ocoee C-2, "Commercial;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning required by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement"); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately ORLA_338951.1 exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on ~ ( . \ 'L , 2005 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2006 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 2.35 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "Citrus Rural District," to Ocoee C-2, "Commercial." A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said 2 ORLA_338951.1 revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2006. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2006 READ FIRST TIME , 2006. READ SECOND TIME AND ADOPTED ,2006. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2006. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_338951.1 ORLA_338950.1 EXHIBIT "A" LEGAL DESCRIPTION '. ~, ,~. DESCRIPTION: PARCEL A A PORTION OF 71iE ABANDONED ATLANTIC COASTUNE RAILROAD AS RECORDED IN OFFICIAL RECORDS BOOK 3607, PAGE 2027 OF 71iE PUBUC RECORDS OF ORANGE: COUNTY. FlORIDA BEING DESCRIBED AS FOlLOWS: COMMENCE: AT 71iE SOU71iWEST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH. RANGE: 28 EAST, ORANGE: COUNTY. FlORIDA AS A POINT OF REFERENCE: THENCE RUN N 89"56'19"E, ALONG THE SOUTH UNE 71iEREOF. 664.88 FEET TO THE WEST UNE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20: THENCE: RUN N 00'8'23- W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WA Y UNE OF STA TE ROAD No. 50; 71iENCE RUN S 89"57'04. E, ALONG SAID NORTH UNE, 250.00 FEET: THENCE RUN N oo18'23.W, 200.00 FEET; THENCE RUN N 50"OO'OO.E, 17.93 FEET TO THE POINT OF' BEGINNING, SAID POINT LYING ON THE WEST RIGHT OF WA Y UNE OF AFORESAID A TtANTIC COASTUNE RAILROAD: THENCE CONTINUE N 50"00'00- E, 100.00 FEET TO THE EAST RIGHT OF WAY UNE OF SAID RAILROAD, SAID UNE BEING A CURVE CONCA VE TO THE NORTHEAST; THENCE RUN NOR THWESTERL Y ALONG SAID EAST UNE AND CURVE HA VlNG A CENTRAL ANGLE OF 3"27'42-, A RADIUS OF 5679.65 FEET, AN ARC LENGTH OF 343.16 FEET, A CHORD BEARING OF N 37"42'42- W AND A CHORD DISTANCE: OF 343.11 FEET: THENCE RUN N 35"58'51- W, CONTINUING ALONG SAID EAST UNE, 28.88 FEET; THENCE RUN N 39'8'44- W, 52.71 FEET TO THE NORTH UNE OF 71iE AFOREMENTIONED SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE RUN N 89'~'26- W, ALONG SAID NOR71i UNE, 82.31 FEET TO 71iE WEST UNE 71iEREOF'; THENCE RUN S 00'8'23- E, ALONG SAID WEST UNE, 52.36 FEET TO THE AFORESAID WEST RIGHT OF WA Y UNE OF THE RAILROAD: THENCE RUN S 35"58'51- E, ALONG SAID ~ST UNE, 87.61 FEET TO A CURVE CONCA VE TO THE NORTHEAST; 71iENCE RUN SOU71iEASTERL Y ALONG SAID ~ST UNE AND CUR'IE' HA'dNG A CENTRAL ANGLE OF 3"28'17-, A RADIUS OF 5779.65 FEET, AN ARC LENGTH OF 350.18 FEET, A CHORD BEARING OF S 37"43'00. E AND A CHORD DISTANCE OF' 350.12 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.037 ACRES MORE OR LESS. -4- EXHIBIT "A" CONTINUED DESCRlP77ON: PARCEL. B LAND IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST :/:A~~g;,ON 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE: COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE: COMMENCE ~ N 89'56'19"E ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST '[j'':~ ~~/D SOUTHEAST'1/4 OF THE SOUTHWEST 1/4 OF' THE SOUTHWEST 1/4: 7HENSA~~ ,,, ALONG SAID WEST UNE 7450 rrET TO THE POINT OF BEGINNING ~~~f L ~J~ ~ ~E NORTH RIGHT OF WA Y UNE OF STA TE: ROAD No. 50; ,THEf'iCE RUN S 89'57'04" E ALONG SAID NORTH UNE, 100.00 FEET; THENCE RUN N 001823 W, 243.47 , 0'00" E 10770 FEET TO THE WEST RIGHT OF WAY UNE OF 7HE ~litfg~i~;~i~~rt~~7~~;U~ gURVE' HAVING A CENTRAL ANGLE OF 210'58", A RADIUS OF 5779.65 FEET, AN ARC 18 FEET. A CHORD BEARING OF N 37lU'20" W AND A CHORD DISTANCE OF' 'f:a~r: r~,~2~ENCE RUN N 35'58'51. W, CON77NUING ALONG SAID WEST UNE, 87.61 FEET . , WEST UNE OF THE SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4 OF THE ~~U~W:~~J:/~ SECTION 20: THENCE RUN S 0018'23. E, ALONG SAID WEST UNE, 559.18 rrET TO THE POINT OF' BEGINNING. THE ABOVE DESCRIBED PARCEl OF LAND CONTAINS 1.294 ACRES MORE OR LESS. DESCRIPTION: PARCEL C A PARCEL OF'LAND IN THE SOUTHEAST 1/4 OF' THE SOUTHWEST 1/4 OF' THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY. FLORIDA BEING DESCRIBED AS Fou...OWS: COMMENCE A T THE SOUTHWEST CORNER OF SAID SECTION 20, AS A POINT OF REFERENCE; THENCE RUN N 89'56'19"E, ALONG THE SOUTH UNE THEREOF, 664.88 FEET TO THE WEST UNE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN N 00"18'23" W, ALONG SAID WEST UNE, 74.50 FEET TO THE NORTH RIGHT OF WA Y UNE OF STA TE: ROAD No. 50; THENCE RUN S 89'57'04" E, ALONG SAID NORTH UNE, 250.00 FEET; THENCE RUN N 00"18'23"W, 200.00 FEET: THENCE RUN N 50-o0'00"E, 117.93 FEET TO THE EAST RIGHT OF WA Y UNE OF A TtANnC COASruNE RAILROAD, SAID UNE BEING A CURVE CONCA VE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG SAID EAST UNE AND CURVE HAVING A CENTRAL ANGLE OF '.34'04", A RADIUS OF' 5679.65 FEU, AN ARC LENGTH OF 155.42 FEET. A CHORD BEARING OF N 38'39'312" W AND A CHORD DISTANCE OF 155.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHWESTERL Y ALONG SAID EAST UNE AND CURVE HA VlNG A CENTRAL ANGLE OF 1'53'38., A RADIUS OF 5679.65 rrET, AN ARC LENGTH OF 187.74 FEET, A CHORD BEARING OF N 36'55'40" W AND A a-IORD DISTANCE OF 187.73 FEET; THENCE RUN N 35'58'51" W, ALONG SAID EAST UNE, 28.88 FEET; THENCE: RUN S 3918'44" E, 167.43 FEET: THENCE RUN S 34"28'13" E, 32.54 FEET TO A CURVE CONCA VE TO THE WEST; THENCE RUN SOUTHERLY ALONG SAID CURVE: HA VlNG A CENTRAL ANGLE OF 34'39'10", A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 18.14 FrET, A CHORD BEARING OF S 17'08'38" E AND A CHORD DISTANCE: OF 17.87 FeET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARm OF LAND CONTAINS 0.024 ACRES MORE OR LESS. ORLA_338950.1 -5- EXHIBIT "B" ABC Fine Wines & Spirits Location Map mmm__~______ -------- -------- /' Colonial Drive i1mm ~ mmJ 9 6 ORLA_338951.1 LAKE BENNE '\.,. ""o~ L ~~~~~ ~~(Q \ BJI ~~~~. \ H ~~. I -j '. .....~ I i 1-- I) !) :0 ~ " Ncv-29-06 02:58pm From-Foley & Lardner 401 648 1143 T-360 P.002/011 F-111 FOLEY 8L LARDNER,LLP DRAFT ovember 29, 2006 THIS INSTRUMENT PREPARED BY: Nicholas N. Palmer, Esq. FOLEY &: LARDNER LLl' 111 North Orange A.venue, S\lite 1800 POSt Office: Box 2193 OrlandQ. FL 32802-2193 (407) 423-7656 AFTER RECORDING RI'ruRN TO: Beth Eikenben:y, City Clerk CITY OF OCOEE 1 SO Nonh Lak.eshore Drive Ocoee, Florida 34761 Case No.: AX-04-05-t8: ABC Liquors, Inc. For Recording Purpolos O&ly ANN EXA nON AND DEVELOPMENT AGREEMENT TIDS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is made this _ day of J 2006, by and between the CITY OF OeOEE, a Florida municipal corporation (hereinafter referred to as the "City''), whose mailing address is ISO North Lakeshore Drive, Ocoee, Florida 34761, and JOHN W. HOLLOWAY, an individual, whose mailing addre~s is 6201 Matehett Road, Orlando, FL 32809 ("Holloway''), and PLATINUM HOLDINGS, INC., a Florida corporation, whose mailing address is 6201 Matchett Road, Orlan.do, FL 32809 ("Platinum") (hereinafter, Holloway and Platinum collectively referred to as the "Owner"). RECITALS WHEREAS, I {olloway owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in E~hibit "A" attached heTeto and by this reference made a part hereof (the "Holloway Property"); and WHEREAS, Platinum owns fee simple title to certain property located in Orange County, Florida, said property being more particularly described in Exhibit "B" attached hereto and by this reference made a pan hereof (the "Platinum PropertY") (collectively, the Holloway Property and the Plati 11 wn Property are referred to herein as the "Annexation Property"); and WHEREAS, also owns fee simple title to certain property located within the municipal bounds of the City of Ocoee, said property being more particularly described in Exhibit "C" attached hereto and by this reference made a part hereof (the "ABC Property"); and WHEREAS, the Annexation Property and the ABC Property are referred to herein collectively as the "Project Property." The Project Property is described as one parcel in Exhibit "D" attached hereto and by this reference made part hereof; and ORLA_362135.7 I: I I ~ I ! ~. I j, i !: 1. i I, I, I' t i I f , I: ! i' t I i I. r I I: I: i: I ! , t' ! I, f " j 1 I: l: Nov-29-06 02:58pm From-Foley & Lardner 407 648 1743 T-360 P,003/017 F-771 FOLEY & LARDNER LLP DRAFT ovember 29, 200 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 Annexation Property intu the corporate limits of the City (the "Petition")~ and WHEREAS, th~. Planning and Zoning Commission has held a public hearing to review the Petition and at such nearing found the annexation of the Annexation Property to be consistent with the Oeoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JJ> A Agreement"), and has recommended that the Oeoee City Commission annex the Annexation })roperty into the corporate liroits of the City; and WHEREAS, th~ 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 bas reviewed the proposed annexation and found the proposed anJ1exation to be consistent with the Ocoee Comprehensive Plan and the JP A Agreement and to represent a minimal fiscal and level of service impact on the City~ and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, sat~'ty and welfare and the ability of the City to plan for proper traffic circulation in the vidnity of the Project Property and in accordance with the Ocoee Comprehensive Plan; ~lI1d WHEREAS, the City, as a component of the traffic circulation plan, is providing a full access to the City-own~'d Bluford Avenue; and WHEREAS, I he City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend municipal services to the Annexation Property on the same t~ and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, I he City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Annexation Property and determined that this Agreement and the annexation of the Annexation Property is consiStent with the goals, objectives and policies of the Dellee Comprehensive Plan. NOW, THEREFORE, in consideration of the muNa! premises hereof, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. JiECIT ALS. 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 th\: City, the Ocoee City Commission bas adopted Ordinance No. _ for ORLA_362135.7 -2. , ' I F I' I t I )' i: I t' I' t, I r I i \, i' I: ~; I I: t I: , i: f .. \ I, I' I I, I !' I I r I I I, r I I, I: I !' I f i i I, i: I' t I, I " r t: j I: I, I, f Nov-29-06 02:59pm From-Foley & Lardner 407 648 1743 T-360 P.004/017 F-771 FOLEY & L~NER LLP DRAFT ovember 29, 2006 . Case No. AX-04-05-18. thereby redefining the corporate territorial1imits of the City to include the Annexation Property . SECTION 3. DEVELOPMENT OF THJ PROPERTY. A. The Owner hereby agrees to develop the Project Property in accordance with that certain Small-Scale Site Plan for ABC Fine Wine &:, Spirits Store No. 52 prepared by Dyer, Riddle, Mills & Precourt, Inc., date stamped as received by the City on 2006 (the "Site Plan"). The Site Plan is hereby incorporated herein by reference as if fully set forth herein. B. The Owner hereby agrees that the Project Property shall be de\'eloped in accordance with and is made subject to those certain Conditions of Approval attached hereto as Ealai"'~. "IL" llo...A "'v ,hi\: .,.fFfP1'""P.nr.p. m;tcie a Dart hereof (the ~.Conditions of App!oval"). The Owner further agrees LO comply with all of the ten:ns and provisions of the Conditions ot Approval. The Conditions of Approval attacbed hereto as ~xhibit "E" are the same as the Conditions of Approval set forth in the Site Plan. C. Excl:pt as otherwise expressly set forth in this Agreement and the Site Plan it is agreed that the Ownl..'1' shall comply with the ZOD.ini and subdivision regulations of the City as set forth in the Ocoee I ,and Development Code, as it xnay from time to time be amended. In the event of any conflict hetween the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement" it is agx-eed that the provisions of this Agreement shall controL SECTION 4. WAIVERS FROM THE LAND DEVELOPMENT CODE. Pursuant to City of Ocoee Ordinance No. ~ Owner has been granted. waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit X. attached hereto and by this reference made a part bereof(the "Waivers''). SECTlON.S. CONVEYANCE OF RIGHT-OF-WAY. Within 90 days from the approval of this Agn:ement the Owner shall convey to the City that certain parcel of the Annexation Property lying adjacent and contiguous to, and along the entire length of the Annexation Property's frontage on the existing right of-way for Bluford Avenue, a~ more particularly described on E1l:hibit "G" attached hereto and by this reference made a part hereto, (the parcel described in Exhibit "G" is referred to as the "Right-of-Way Property"). The Right- of.Way Property shall be conveyed by the Owner to the City by warranty deed free and clear of all liens and encumbrances except for those maners acceptable to the City. The Owner shall, contemporaneously with the conveyance of the Right-of-Way Property to the City, provide to the City, a current attonH.:Y's opinion of title, or a current title commitment, to be followed by a policy of title insuran<:e, evidencing that fee simple title to the Right.of-Way Property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to thl.: conveyance of the Right-of-Way Property includiP.g the cost of title WQrk, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Property shall be prorated as of the day before the City's acceptance of the conveyance of the same, and the ORl.A_362135.7 .3- ~ t [ I' j. I \. I j: I I I t I t I f: I' I.~ I ,. I t r r I I r l I I ! I: I I. I: r I: I' r Nov-29-06 02:S9pm From-Foley & Lardner 407 648 1743 T-360 P,OOS/017 F-771 FOLEY &; LARDNERi LLP DRAFT , ovember 29,2006 prorated amount of such real property taxes anributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other pl.:rson or entity shall be entided to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required conveyance of the Right-of-Way Property TO the City. Notwithstanding the subsequent conveyance of the Right-of- Way Property to the City, the Owner shall be solely responsible for maintaining the Right-of- Way Property until such time as the improvements to the Right-of-Way Property are completed and the Right-of-Way Property is utilized for roadway purposes. SECTION 6. PLAN. CROSS ACCESS; .JUiN'I' ALl,;J!.;~: AC.CE~~ ~lAI1A()EMENT A. Prior to the issuance of any building permits for the Project Property, the Owner shall, at no COSl to the City or to the benefited property owners: (1) Gtant a joint access casement between the Project Property and that parcel adjacent to th~ westem boundary of the Property (Property Identification Number 20-22-28-0000~OO-037) (the "Floors Direct Property''); (2) Grant a cross access easement between the Project Property and the Floors Direct Property; (3) Grant a cross access easement between the Project Property Property and that parcel located adjacent to the eastern bolUldaty of the Property (property Identification Number 20-22-28-0000-00-063) (the '.Seven Eleven Property"), at the time the owner of the Seven Eleven Propeny provides a reciprocal cross access easement. The fOfm of the easements referenced herein shall be subject to the approval of the City. B. The Site Plan provides fOT an access point from the Project Property onto Bluford Avenue that aligns with the full access to those parcels located to the east of the Property (Property Identification Nwnbers 20-22-28-0000-00-018, 20-22..28-0000-00-020 and 20-22-28- 0000-00-054). Prior 1I.l the issuance of any Certificate of Occupancy for any new building on the Project Property, the Owner hereby agrees to design, cmgineer, permit and construct, or cause to be designed, engineered, permined and constrUcted, a northbound left turn lane on Bluford Avenue into the Proje\.,,'t Property; provided, however, that the City may, at its option, require that the Owner pay to the City the estimated cost of constructing such improvements if the City determines that such improvements are to be constructed by others. This turn lane will be of sufficient length to allow for adequate storage for the stacking of vehicles as detennined by the City of Oeoee. Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or 0ther compensation of any kind for, on account of, or with respect to the construction of this nun lane. ORLA_362135.7 -4- l I' I I; ! I I: I i ,': j: I I t I I I. I t, I I I I I I [: 1 i: I; I: L I~ I: r I I, ij I 1,; Nov-29-06 03:00pm From-Foley & Lardner 407 648 1743 T-360 P.006/017 F-771 FOLEY & LARDNER LLP DRAFT : ovember 29, 2006 SECTION 7. NOTICE: PROPER FORM. Any notices required or allowed to be delivered shall be in "",riting and be deemed to be delivered (1) when hand delivered to the official hereinafter desil:-')Ulted, or (2) upon receipt of such notice when deposited in the United States mail, postage prepaid, certified mail, return receipt reque~ addressed to the party at the address set forth opposite the PartY's name below, or at such other address as the party shall have specified by written notice to the other party delivered in accordance herewith. ( ) wner: John H. Holloway and PlatinUID Holdings, Inc. 620 I Matchett Road Orlando, FL 32809 City: City of Ocoee Attn: City Manager 150 Nortb Lakeshore Drive Ocoee, Florida 34761 SECTION 8. NOTICES~ DEFAIJLT. Each of the parties hereto shall give the other patty written noti~ of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and therealier diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party. including, but not limited to the right of specific performance. SECTION 9. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Owner, the City, and their respective successors and assigns and shall run with the land. SECTION 10. JlECORDATION."The parties hereto agree that this Agreement shall be recorded in the Public Records of Orange County, Florida, at the expense of the Owner. SECTION 11. APPLICABLE LAW. This Agreement and the provisions contained hFP.l"l. P.jnd ~h~l1 he construed. controlled, and interpreted according to the laws of the State of on a. SECTION 12. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other part of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the ; Iltentions of the parties can continue to be effected. SECTION 13. RECOVERY OF ATTORNEYS' COSTS AND FEES. In connection with any litigation between the City and the Owner, including appellate proceedings arising out of this Agreement or the violation of any law, role, regulation, ordinance, resolution, or permit, the prevailing party shall be entitled to recover from the other pany reasonable ORLA_3621 35.7 -5- I: I I !. I; r I I' I I I I I I i I: " t I; I r I: r I f' I' f ! I' I r, r I ~: I II J Nov-29-06 03:00pm From-Foley & Lardner 407 648 1743 T-360 P.007/017 F-771 FOLEY & LARDNERUP DRAFT ovember 29, 2006 attorneys' fees, paralel~al fees, and costs hereunder, wbether incurred prior to, during or subsequent to such COUI1 proceedings, on appeal or during any bankruptcy proceedings. SECTION 14. ENTIRE AGREEMENT. Tbis instrument and its exhibits constitute the entire Agrc:emen l between the parties and supersedes all previous discussions, understandings, and ag.reements between the parties relating to the subject matter of this Agreement. Amendmellts to and waivers of the provisions herein shall be made by the parties in writing by fonnal amendment which shall be recorded in the Public Records of Orange County, Florida at the Owner's ....x.pense. SECTION 15. COUNTERPARTS. This Agreement and any amendments hereto may be executed in any number of counterparts, each of which shall be deemed an original in$1I'Ument, but all such counterparts together shall constitute one and the same instrument. SECTION 16. EFJ'ECTIYE DAn;. This Agreement shall ftrSt be executed by the Owner and submitted tl) the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of this Agreement shall be the date of execution by the City. [Signature Pafes Follow] ORLA_362135.7 -6- I. I I I I I: I r r I' I ! ~ l I I' t: I I I I II 1 I I f I I ;1 I I j !: I' I I " l I I. f f: l Nov-29-06 03:00pm From-Foley & Lardner 407 648 1743 T-360 P.008/017 F-771 FOLEY & LARDNERLLP DRAFT ovember 29, 2006 IN WITNESS WHEREOF, the City has caused this Agxeement to be duly executed the day and year first above written. Signed, sealed and deliwred in the presence of: Signat\1re PrintIType Name Signature PrintJType Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this _ day of ,2006. FOLEY & LARDNER LLP By: City Attorney STATE OF FLORIDA COUNfY OF ORANOE "CITY" CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2006 UNDER AGENDA ITEM NO._. I HEREBY t" ERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared s. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk. respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally acknowledged executing the same on behalf of said municipality in the presence of two subscribing wimesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my band and official seal in the County and State last aforesaid this _ day of ---:> 2006. ORLA_362135.1 Signanu-e ofNowy Name of Notary (fyped, Printed or Stamped) Comm.ission Number (if not legible on seal): My Commission Expires (if not le&ible 00 seal): -7- r f I: I " , i' I: " I " I i I r I I I I " i: r I 0, I: f ! I r ! " t; I r I I: I I ,. I I I: I j: I; " I I Nov-Z9-06 03:01pm From-Foley & Lardner 407 648 1743 T-360 P.009/017 F-771 FOLEY & LARDNERLLP DRAFT .: ovember 29, 200 IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of . 2006. Signed., sealed and deliwred in the presence of: Signature PrintlType Name Signature PrintlType Name Signed, sealed and deli vered in the presence of: Signature PrinTlType Name Signature PrintfI'ype Name ORLA_362135.7 "OWNER" John W. Holloway ~~OWNER'" PLATINUM HOLDINGS, INC., a Florida corporation By: Print Name: Title: [CORPORATE SEAL] -8- r [ I, f I I: I r I I ~: i ~ r j, I: r j: l' I I r j' I: I t. I , i: I f' I I: i. Nav-29-06 03:01pm Fram-Faley & Lardner 407 648 1743 T-360 P.OIO/017 F-771 FOLEY & LARDNERLLP DRAFT ovember 29 2006 '. STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared JOHN W. HOLLOWAY who [ 1 is personally known to me or [ ] produced as identification, and that he/she acknowledged executing the foregoing instrumel1l.. in the presence ofmo subscribing witnesses, freely and voluntarily. WITNESS my hand and official seal in the County and State last aforesaid this _ day of _, 2006. Signature of No tar)' Name ofNotaly (Typed, Printed or Stamped) Commission Number (if Dot legible ODseal): My Commission Expires (if not legible on seal): STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared , as of PLATINUM HOLDINGS, INC. who [ ] is personally known to me or [ ] produced as identification, and that he/she acknowledged eJ(P.cutiDg the foregoing instrument, in the presence of twO subsl;ribing witnesses, freely and voluntarily under authority duly vested in himlher, and that the s~a1 affixed hereto is the true corporate seal of said corporation. WITNESS my band and official seal in the County and State last aforesaid this _ day of ' 2006. Signature of Notary Name ofNotMy (Typed, Printed or Stamped) Commission Number (if nOI legible on seal): My Cc.mmission Expires (jf not legible on seal): ORlA_362135.7 .9- [: t I j: t, I I' I. I ~ r I I r I' i I' r I: I: I' r I I i r I; r I, Nov-Z9-06 03:01pm From-Foley & Lardner ORlA_S62135.7 EXHIBIT "A" 407 648 1743 The "HoBoway Property" -10- T-3GO P.011/017 F-771 FOLEY & LARDNER LLP DRAFT ovember 29. 200 t. ~. I, i: I I i I I I I 1 I r [, I ~ I " I I I t ! I I: I I I; i :-: I I t r r I I [: 1 I " I-' I' I' i. f I i I: I; Noy-Z9-06 03:01pm From-Foley' Lardner ORLA_362135.7 407 648 1743 EXHIBIT "lE. The "Platinum Property" -11- T-360 P.012/017 F-111 FOLEY &. LARDNERLLP DRAFT ovember 29 2006 l t I. i l- I: l' I: (. I I 1 I f I. I ~ I: i I I' I. I I r I I Ii I I I l. I j: I Nov-29-06 03:02pm From-Foley & Lardner ORLA_362135.7 407 648 1743 EXHIBIT "e" The "ABC Property" -12~ T-360 P,013/017 F-771 FOLEY & LARDNER LLP DRAFT ovember 29, 2006 I I i I 1 r I I: I I r I t I [: I' [ I I, I': r r r I' i; I, I I i j l I, 1: I; Nov-29-~6 ~3:~2pm From-Foley & Lardner OFlLA_362135.7 EXHIBIT "D" The "Project Property" -13- 407 648 1743 T-36~ P.~14/017 F-771 FOLEY & LARDNER:LLP DRAFT overnber 29, 2006 I' I. I r ! I' i I [: I. I: l J [ I l I ! I i ~ I f I; I I I Nov-Z9-06 03:0Zpm From-Foley' Lardner ORLA...382135.7 407 648 1743 EXlDBIT "E" The"COD~tionsofApprov.~ -14- T-360 P.01S/017 F-771 I: FOLEY & LARDNER: LLP r DRAfT ovember 29 200 I I I f' I' l I' I' !. I r I I I j [ r I I I l I, , I: I ~' t. I, I' f I 1 r Nov~29~06 03:02pm From~Fol.y & Lardner ORlA..362135.7 t:XlDBIT "F" The "Waivers" -15- 407 648 1743 T~360 P.OI6/017 F~771 I FOLEY & LARDNER LLP I DRAFT I oveuiber 29, 200 t' I I I: I; I f t I I, ! i f I, j. I; ,: l i i' ,: I I I t ,. I' j; " i, Nov-29-06 03:02pm From-Foley & Lardner ORLA_362135.7 407 648 1743 EXHIBIT "G" The "Right-of-Way Property" -16- T-360 P.01T1017 F-771 FOLEY & LARDNERlLP DRAFT ovember 29, 200 , I' l I t I I I I. l i I I I; f j: i. I i' f I l' I I I I r I I; I' ! r I, r I I l I I I ! r I j; f I' I