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Item #09 West 50 Commercial Sub. - Annexation & Rezoning AGENDA ITEM STAFF REPORT Meeting Date: April 3, 2007 Item # q . Contact Name: Contact Number: Bobby Howell &{ 407 -905-3100/1044 Reviewed By: Department Director: City Manager: if- .b- J, Subject: West 50 Commercial Subdivision Annexation and Rezoning Ordinances Project # AR-05 06-24 Commission District 3 - Rusty Johnson ISSUE: Should the Honorable Mayor and Commissioners approve annexation and rezoning ordinances for West 50 Commercial Subdivision? BACKGROUND SUMMARY: Parcel Identification Number: 30-22-28-0000-00-006 General Location: The subject property is located east of SR 429 and north of the Florida Turnpike in unincorporated Orange County. The applicant is proposing to develop a four lot commercial subdivision on the subject property and the property to the north, which is currently in the City and is zoned C-3 (General Commercial). The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Commercial General Commercial Vacant (C-3) East Commercial Orange County Twelve Single-Family residences Aaricultural (A-1) South None, road riaht-ot-way None, road right-ot-way Florida Turnoike West None, road riaht-ot-way None, road riaht-ot-way SR 429 Property Size: Approximately 2.25 acres. Actual land use and unique features of the subiect property: The subject property is vacant. The proposed land use is a four lot commercial subdivision. No unique features exist on the property. CONSISTENCY WITH STATE AND LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. Annexation of the subject property will assist in eliminating an existing enclave that the subject parcel is contained within. The subject parcel is contiguous to the City limits on the north, and therefore, eligible tor annexation. In addition, the developer will be required to enter into an Annexation Agreement with the City that will require the developer to construct a project road with a 60-toot wide right-ot-way. The Annexation Agreement requires the project road to be completed and dedicated to the City as a public roadway prior to the issuance ot a Certificate of Completion for the subdivision improvements. Additionally, the Annexation Agreement requires the developer to extend sanitary sewer lines to the property from the existing point ot connection on the north side of SR 50, and places limits on the types of uses that can be developed on the property. Joint Plannino Area Aoreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant is concurrently requesting rezoning of the property to C-3 (General Commercial). Orange County has been notified ot this petition in accordance with Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Rezonino: The applicant has requested a City of Ocoee zoning designation of C-3 (General Commercial). According to the Land Development Code, the C-3 zoning designation is intended to serve a considerably greater population and offer a wider range of services than any other commercial zoning district. The C-3 zoning designation is consistent with the adopted future land use designation of Commercial as shown on both the City of Ocoee and Orange County Joint Planning Area future land use maps, and the zoning of the northernmost parcel, which is currently in the City. 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 Aoreement. and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use and size of the parcels, Staff determined that urban services can be adequately provided to the subject properties. When the applicant chooses to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code. (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-3 is consistent with both the City of Ocoee and Orange County Joint Planning Area future land use maps. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on March 7, 2007 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 the West 50 Commercial Subdivision subject to the execution of an Annexation and Development Agreement. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on March 13, 2007 and considered the proposed annexation and rezoning of the West 50 Commercial Subdivision. Following staff's presentation, the Planning & Zoning Commission recommended unanimous approval of the Annexation and Rezoning of the West 50 Commercial Subdivision subject to the execution of an Annexation and Development Agreement. 2 STAFF RECOMMENDATION: Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex 2.25 acres of land known as the West 50 Commercial Subdivision and also adopt the ordinance to rezone the property to C-3 (General Commercial). ATTACHMENTS: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Annexation Feasibility Analysis Report Annexation Ordinance Rezoning Ordinance FINANCIAL IMPACT: Increase in tax base due to annexation. TYPE OF ITEM: (please mark with an "x') Public Hearing ~ Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: _ Consent Agenda Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A C:\Documents and Settings\szink.OCOEE\Local Settings\Temporary Internet Files\OLK4\BH-AGENDA ITEM STAFF REPORT-West 50 CommSub Annex_Rezone.doc 3 West 50 Commercial Subdivision Annexation & Rezoning Location Map ~ ~ rn ~ b :::; COLO <.!) FLORIDAS TURNPIKE ON RP N FLORIDAS TURNPIKE MARSHALL FARMS TOMYN Q co.. o CO .- ~ t/) .S; ~ :S::J .0" ::::s C UJco ni...J .- (1) CJ ... ... ::::s (1)...... E ::::s ELL o~ (J .- 0" It)C ::::s ......0 t/) ... (1) s... ~ ::::s UJ c Q) E a. o a; > Q)- o ~ >>E :!:::t:: c: .. " a. 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I ~>-~~~=Q) ~UEro~lIl--lIl a.. > n~~~~<(====6EE~0 ~lIl~-~cb-~> o~ t.)O>-EEEE:;ro cabo :Jc~~Q)~Q)Q)~ ~~~~<(crorororo~~~a€~Ui~-~~Oclll~c ~~lIl~ro~~~~ ~ ~o:J~""'Q)~Q)Q)EQ)~lIlro n85~~€~~~~~~~lIl~E~~~~EO:JOt.)~lIl ,~c - ~ :J 0> 0> 0> 0> ~ E :.c ~ 0> E ~ ~ g ~ E :> ~ ~ ii u Q) ~~~UQ)~~~~~c:Jae~oQ)Q)>Q)o~Q),~:Jc~ (1)~ffiO>~CI)CI)CI)CI)CI)O~~a..ZU~a::~~U~~Ia..~~ D III ~ I ~IIIIIIIIIIBamlll~ , . CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AR-05-06-24 ApPLICANT NAME: West 50 Properties, Inc. PROJECT NAME: West 50 Commercial Subdivision This form is used to evaluate annexation requests to determine the teasibility of providing urban services tc individual properties. Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Terry James, AICP I B. Property Location 1. General Location: South of SR50/Colonial Drive between the Turnpike and SR429/Western Beltway interchanoes 2. Parcel Identification Number: 30-22-28-0000-00-006 (southern most parcel) to annex; whole project includes the northern parcel that is already in the City (PIN 30-22-28-0000-00-003) and is the frontage for the southern parcel. 3. Street Address: 11890 West Colonial Drive (from northern parcel) 4. Size of Parcel: 2.25 acres c. Vacant Mainly retention for the northern parcel Unknown. Unknown. D. Commercial (from JPA-LUM) A-1 : Agriculture n/a-parcel to be annexed. C-3: General Commercial E. Yes Yes III. FIRE DEPARTMENT Chief Richard Firstner 1. Estimated Response Time: 2-4 minutes 2. Distance to Property: 2.3 miles from Fire Station 1 3. Fire Flow Requirements: 500 gpm POLICE DEPARTMENT 1. Police Patrol Zone I Grid I Area: Chief Steve Goclon South zone/Grid 116 Page 1 of 3 ,. . . Applicant Name: West 50 Properties Project Name: West 50 Commercial Subdivision Case #: AR 05-06-24 2. 3. 4. 4-5 minutes Approx. 5 miles. 10-15 minutes Terry James, AICP $ 283,550 $ 283,550 Unknown Unknown Unknown Unknown BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: Terry James, AICP 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: Yes 4. Location and Size of Water on the south side of SR50/12 inch line. Nearest Water Main: I B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of Economic Court & SR50/8 inch gravity main. Nearest Force Main: 5. Annexation Agreement Needed: Yes I C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: Yes 3. Well Protection Area Needed: No I VII. TRANSPORTATION Terry James, AICP 1. Paved Access: Yes 2. ROW Dedication: Yes in reference to the widening of SR50 to six lanes. 3. Traffic Study: Yes 4. Traffic Analysis Zone: 622 Page 2 ot 3 ~- .. ,. " Applicant Name: West 50 Properties Project Name: West 50 Commercial Subdivision Case #: AR 05-06-24 I VIII. PRELIMINARY CONCURRENCY EVALUATION Terry James, AICP At the time ot 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 otficial concurrency evaluation during the site plan approval process. To be determined upon development. F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I This site will be required to enter into an Annexation Agreement. For the specifics ot the agreement, see the attached, Proposed Conditions of Approval: West 50 Commercial Subdivision. I X. CONSISTENCY WITH STATE REGULATIONS: Terry James, AICP I The property is contiguous with the City Limits and lessens an enclave; therefore this annexation is consistent with Ch. 171.043(1) & (2), Florida Statutes. Note: Fire Dept. response based on the time/distance to the frontage property. Page 3 of 3 ORDINANCE NO. (Annexation Ordinance for West 50 Commercial Subdivision) TAX PARCEL ID #s 30-22-28-0000-00-006 CASE NO. AR-05-06-24: West 50 Commercial Subdivision AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586 FEET SOUTH OF STATE ROAD 50, AND TO THE EAST AND NORTH OF THE FLORIDA TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex said real property into the corporate limits of the City ofOcoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered into a Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation ofthe real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, as amended, and to be in the best interest of the City of ORLA_381673,1 -1- Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" 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 as 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 ofthe 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_381673,1 -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 ,2007. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2007 ADVERTISED AND READ FIRST TIME ,2007. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_381673,1 -3- EXHIBIT" A" Legal Description of Annexed Area Commencing at the Northwest corner of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence run SOoo20'48"E, a distance- of 661.32 feet; thence run N89031'31"E, a distance of 741.79 feet to the Point of Beginning; thence continue Easterly along said line, a distance of 580.18 feet; thence run SOoo20'40"E, a distance of 306.93 feet; thence run N66056'24"W, a distance of 252.62 feet; thence run N61 o51'30"W, a distance of 363.97 feet; thence run N420 15'55"W, a distance of 42.57 feet to the Point of Beginning. ORLA_381673,1 -4- EXHIBIT "B" Map of Annexed Area West 50 Commercial Subdivision Annexation & Rezoning Location Map FlORIOAS TURNPIKE aJ RP N MARSHALL FARMS e ORLA_381673.1 )4 LJ FLORIOAS TURNPIKE TOMYN -5- ORDINANCE NO. (Rezoning Ordinance for West 50 Commercial Subdivision) T AX PARCEL ID #s 30-22-28-0000-00-006 CASE NO. AR-05-06-24: West 50 Commercial Subdivision AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I, "GENERAL AGRICULTURE" TO OCOEE C-3, "GENERAL COMMERCIAL," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.249 ACRES LOCATED APPROXIMATELY 586 FEET SOUTH OF ST ATE ROAD 50, AND TO THE EAST AND NORTH OF THE FLORIDA TURNPIKE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 2.249 acres, more particularly described in Exhibit" A" attached hereto and by this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee C-3, "General Commercial;" and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth" in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City 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 hereinaft6r described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; and ORLA_381682,1 WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on March 13, 2007 the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2007 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of th~ 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 2.249 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-I, "General Agriculture," to Ocoee C-3, "General Commercial." 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 Comm.ission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 ORLA_381682.1 SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2007. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2007 READ FIRST TIME , 2007. READ SECOND TIME AND ADOPTED ,2007. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2007. FOLEY & LARDNER LLP By: City Attorney 3 ORLA_381682,1 EXHIBIT "A" Legal Description of Rezoned Area Commencing at the Northwest corner of Section 30, Township 22 South, Range 28 East, Orange County, Florida; thence run SOo020'48"E, a distance of 661.32 feet; thence run N89031 '31"E, a distance of 741.79 feet to the Point of Beginning; thence continue Easterly along said line, a distance of 580.18 feet; thence run SOo020'40"E, a distance of 306.93 feet; thence run N66056'24"W, a distance of 252.62 feet; thence run N61 051 '30"W, a distance of 363.97 feet; thence run N420 15'55"W, a distance of 42.57 feet to the Point of Beginning. 4 ORLA_381682,1 EXHIBIT "B" Map of Rezoned Area West 50 Commercial Subdivision Annexation & Rezoning Location Map D~ Lt :r: ~ FlORIOAS TURNPIKE 0:-1 RP N FLORIDAS TURNPIKE MARSHAlL FARMS TOMYN e 5 ORLA_381682.1