Item #07 Oak Level Heights Property - Annexation & Rezoning Ordinance
Contact Name:
Contact Number:
Michael Rumer~<
407-905-3100 x 1018
AGENDA ITEM STAFF REPORT
Meeting Date: August 7, 2007
Item # 1
Reviewed By: ~~~
Department Director: __ _ _ ,. ~.
City Manager: _ _ -=== c=_
Subject: Oak Level Heights Property
Annexation and Rezoning Ordinances
Project # AX-04-07 -06 I RZ-07 -04-07
Commission District 1 - Gary Hood
Issue:
Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 0.58
+/- acre parcel of land known as Oak Level Heights Property?
Background Summary:
Parcel Identification Number: 05-22-28-6052-02-030, 05-22-28-6052-02-040, & 05-22-28-6052-02-050
General Location: South side of Clarcona Ocoee Road, at the southwest corner of the intersection of
Clarcona Ocoee Road and Angola Street.
Request The :t .60 acre subject parcel consists of lots 3, 4, & 5 of Block B, Oak Level Heights, platted in
1925. Lots 3, 4, & 5 were platted at 55 feet wide by :t155 feet in depth for an average of 8,525 square feet.
Lots 3, 4, and 5 are vacant. Lot 4 contained a single-family residential dwelling built in 1944 which has been
demolished within the past year.
The lots are currently zoned A-1 (Agriculture) in Orange County. On March 1, 2007, the Orange County
Board of Adjustment approved variances on lots 3 and 5 to construct single-family residences on the
substandard lots. The variance approvals permitted a lot width of 55 feet in lieu of 100 feet and lot sizes of
8,525 feet in lieu of 21 ,780 square feet.
The applicant intended to obtain potable water from wells and use septic systems for sewer, but would
require a variance from the State Department of Health because of separation requirements of 75 feet in
between well and septic systems. By annexing into the City of Ocoee, the applicant can connect to the City's
water service which would exclude the septic systems from meeting the 75 foot separation requirement.
The application to annex lots 3, 4, & 5 originally included the request to annexation lots 1 & 2 as well. A
convenience store is located on lots 1 &2 that uses well and septic for water and sewer. The convenience
store's existing well would not meet the required 75 foot separation distance from any septic system on lot 3.
The applicant and owner of the convenience store property worked out a deal that the applicant would pay for
the annexation, water meter and hook-up charges if the convenience store lot owner would agree to annex
into the City of Ocoee. The convenience store would then abandon the well making the separation from any
new proposed septic tank not an issue.
Staff and the DRC committee had a challenging time deciding how to incorporate the convenience store into
the City of Ocoee with regards to annexation. The store is currently considered legally non-conforming in
Orange County because it is operating as a commercial business in an agricultural zoning district. The future
land use designation of low density residential does not permit a commercial zoning within the City of Ocoee.
Thus, a land use amendment would be required in order to properly zone it commercial. Also, the site lacks
adequate space for parking and safe access for entering and exiting the facility. The DRC committee did not
like the idea of annexing a non-conforming use; so the committee referenced Section II B. (4) of the City of
Ocoee Sewer and Water Service Policy which states: "If the DRC is not interested in pursuing annexation of
the land, then the landowner may at its option, either (a) withdraw the petition for annexation in which case no
further action or proceeding will be required to obtain sewer and water service from the City, or proceed with
the annexation." The DRC approved the annexation of lots 3, 4, & 5 with the condition that the convenience
store lots not annex, but be allowed to connect to water service. The convenience store property owner
agreed to withdraw the application for annexation and would like to connect to the City's water service (see
letter attached).
The table below references the future land uses, zoning classifications and existing land uses of the
surrounding parcels:
Direction Future Land use Zoning Classification Existina Land Use
North Recreation and Open Space A-1 "General AQriculture" Forest Lake Golf Course
East Low Density Residential A-1 "General Agriculture" Convenience Store
South Low Density Residential A-1 "General Agriculture" Single-Family Dwelling
West Low Density Residential A-1 "General Agriculture" Single-Family Dwelling
Property Size: Approximately 0.58 Acres.
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create
an enclave. The subject property is considered contiguous to the City of Ocoee since the parcel across
Clarcona Ocoee Road to the north (Forest Lake Golf Course) is located within the Ocoee City limits.
The applicant will be required to enter into an Annexation Agreement with the City that recognizes and
incorporates previously approved variances from Orange County with respect to minimum lot width. As
mentioned above, the subject lots will exceed the City of Ocoee's requirements for lot size. All other
development of the property must be in accordance with the standards applicable to areas within the R-1
zoning district.
Joint Plannina Area Aareement: The subject properties are located within the Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The applicant
is concurrently requesting rezoning of the properties to R-1 (Single-Family Dwelling).
Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-
Orange County Joint Planning Area Agreement.
Rezonina: The applicant has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling).
According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future
Land Use Map as "Low Density Residential". The R-1 zoning designation permits a lot size of 7,000 sq. ft. with a
minimum width of 70 feet. The lots proposed for annexation exceed the lot size requirement but do not meet the
minimum width of 70 feet. Annexation of the property will be subject to approval of an annexation agreement
waiving the lot width requirement in order for the lots to be built upon without variances. The applicant is
proposing to meet the front, side, and rear setback requirements of the district. The R-1 zoning designation is
consistent with the adopted future land use designation of Low Density Residential, shown on both the City of
Ocoee and Orange County Joint Planning Area future land use maps.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in
part, "The City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of the existing City limits, when services can be properly provided, and when proposed uses are
compatible with the City's Comprehensive Plan, the JPA Aareement. and the City's Annexation Policy...."
[Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The
City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and
the JPA Agreement..."
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed
use and size of the parcel, Staff determined that urban services, specifically water service could be adequately
provided to the subject properties. Should the applicant choose to develop the property in the future; however,
they will be required to make certain improvements in accordance with the Land Development Code. (See
attached "Annexation Feasibility Analysis")
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided,
and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and initial
zoning classifications are consistent with the land use classifications on the Future Land Use Map and the JPA
Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding
properties.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On June 4, 2007, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended
approval of the annexation and rezoning of the Oak Level Heights parcels as presented.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The proposed Annexation and Rezoning of the Oak Level Heights Property was reviewed at a Public Hearing
by the Planning and Zoning Commission on June 12, 2007. The Planning & Zoning Commission voted
unanimously to recommend approval of the Annexation and Rezoning of the +/- 0.58 acres parcel of land
known as the "Oak Level Heights".
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that
Honorable Mayor and City Commissioners adopt the ordinance to annex the 0.58 +/- acres of land acres of land
known as the Oak Level Heights property, subject to an Annexation Agreement including a provision that would
waive the lot width requirements of Section 5-10 (B) of the Land Development Code and also adopt the
ordinance to rezone the property to rezoning to "R-1" Single-Family Dwelling,.
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial
Annexation Feasibility Analysis Report
Annexation Ordinance
Rezoning Ordinance
Annexation Agreement
Financial Impact:
Increase tax base due to annexation.
Type of Item:
~ Public Hearing
Ordinance First Reading
~ Ordinance Second Reading
Resolution
~ Commission Approval
Discussion & Direction
For Clerk's OeD! Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
N/A
N/A
N/A
Oak Level Heights Annexation and Rezoning
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Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
_ ... Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
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CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-04-07 -06/ RZ-07 -04-07
ApPLICANT NAME: EXCLUSIVE HOMES
PROJECT NAME: OAK LEVEL HEIGHTS ANNEXATION
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below.
II. PLANNING DEPARTMENT
Michael Rumer I
A. Applicant/Owner
1. Owner (if different from Applicant):
Exclusive Homes, Inc. (Lots 3&5)
1137 E. Plant Street
Winter Garden, FL 34787 407-877-7722 ext. 208
Douglas Laman (Lot 4)
1137 E. Plant Steet
Winter Garden, FL 34787
407 -877 -7722 ext. 208
B. Property Location
1. General Location: South side of Clarcona Ocoee Road, at the southwest
corner of the intersection of Clarcona Ocoee Road
and AnQola Street.
2. Parcel Identification Numbers: All parcels are contiguous:
05-22-28-6052-02-030
05-22-28-6052-02-050
05-22-28-6052-02-040
3. Street Addresses: 10618 Clarcona Ocoee Road
Unnassigned Clarcona Ocoee Road
Unnassianed Clarcona Ocoee Road
4. Size of Parcels: +/- 0.6acres
C.
All three parcels are vacant.
Single-Family Dwelling
4 Dwelling Units/Acre
9
D.
Low Density Residential
A-1 "Citrus Rural"
Low Density Residential
R-1
E.
Yes
Yes
Page 1 of 3
Applicant Name: Exclusive Homes
Project Name: Oak Level Heights Annexation and Rezoning
Case #: Ax-04-07-06/ RZ-07-04-07
III. FIRE DEPARTMENT Chief Richard Firstner
1. Estimated Response Time: 3-5 Minutes
2. Distance to Property: Distance from Station 2 (Clarke Rd & A.D. Mims) is
3.0 miles
3. Fire Flow Requirements: Fire flow is 750 gpm
111I. POLICE DEPARTMENT Chief Ron Reffett
1. Police Patrol Zone I Grid I Area: Zone 2 / Grid 71
2. Estimated Response Time: 4 minutes for emergencies.
3. Distance to Property: Approx. 2 Miles
4. Averaae Travel Time 10 minutes normal drive time.
I IV. ECONOMIC VALUE Michael Rumer
1. Property Appraiser Taxable Value: $89,779
2. Property Appraiser Just Value $89,779
3. Estimated City Ad Valorem Taxes: $1,829
4. Anticipated Licenses & Permits: Unknown
5. Potential Impact Fees: $31,660.28
6. Total Proiect Revenues: $33,489.28 +
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
Michael Rumer
No
I VI. UTILITIES David Wheeler, P.E.
t A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Servina Area: Yes
3. Extension Needed: No
4. Location and Size of 8" WM on Clarcona-Ocoee Road
Nearest Water Main:
I B. Sanitary Sewer
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: No
3. Extension Needed: Yes
4. Location and Size of Located at Adair and Licaria Street
Nearest Force Main:
5. Annexation Aareement Needed: Yes
Page 2 of 3
Applicant Name: Exclusive Homes
Project Name: Oak Level Heights Annexation and Rezoning
Case #: Ax-04-07-06/ RZ-07-04-07
r C. Other
1. Utility Easement Needed: Yes
2. Private Lift Station Needed: No
3. Well Protection Area Needed: Yes
. VII. TRANSPORTATION Michael Rumer
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: N/A
4. Traffic Analysis Zone: 563
I VIII. PRELIMINARY CONCURRENCY EV ALUA TION Michael Rumer
At this time, adequate transportation capacity exists.
A. Transportation:
At this time, adequate park/recreation capacity exists.
B. Parks I Recreation:
At this time, adequate water/sewer capacity exists; however, this condition
C. Water I Sewer: may change and will be subject to a concurrency evaluation during the site
plan approval process. Any extensions will be the responsibility of the
applicant.
N/A
D. Stormwater:
At this time, adequate solid waste capacity exists; however, this condition may
E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan
approval process.
Actual impact fees will be calculated during the site plan approval process.
F. Impact Fees:
I IX. SITE SPECIFIC ISSUES
All Departments I
When developed, the property will be developed under the same requirements as other non-city
owned properties.
Ix. CONSISTENCY WITH STATE REGULATIONS:
Michael Rumer I
These properties are contiguous with the City Limits and reduce the area of an enclave;
therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
ORDINANCE NO.
(Annexation Ordinance For Oak Level Heights Parcel)
TAX PARCEL ID #s 05-22-28-6052-00-030;
05-22-28-6052-00-040;
05-22-28-6052-00-050
CASE NO. AX-04-07-06: Oak Level Heights Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERT AIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.60 ACRES LOCATED SOUTH OF AND
ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMATELY
150 FEET WEST OF ANGOLA STREET PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner(s) of
certain real property located in unincorporated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida;
and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City ofOcoee entered
into a Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation ofthe
real property hereinafter described; and
ORLA_ 492267.1
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
consistent with the lP A Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
Section 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
Section 4. A map of said land herein described which clearly shows the annexed area is
attached hereto and EXHIBIT "B" and by this reference is made a part hereof.
Section 5. The Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A
Agreement, and the Ocoee City Code.
Section 6. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
Section 7. The City Clerk is hereby authorized to update and supplement official City
maps of the City of Ocoee, Florida, to include said land herein described and annexed.
ORLA_ 492267.1
-2-
Section 8. The land herein described and future inhabitants of said land herein described
shall be liable for all debts and obligations and be subject to all species of taxation, laws,
ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges
and benefits as other areas of the City of Ocoee, Florida.
Section 9. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 10. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 11. This Ordinance shall take effect upon passage and adoption. Thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the
Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the
Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this _ day of
,2007.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2007
ADVERTISED AND
READ FIRST TIME ,2007.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
OR LA_ 492267.1
-3-
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 3 THROUGH 5, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE
PARTICULARLY AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "B" OAK
LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE RUN S.00045'07''E., FOR A DISTANCE OF
154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUN
S.89051'10"W FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST
CORNER OF LOT 5, BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN
N.00045'00''W., FOR A DISTANCE OF 154.45 FEET TO THE NORTHWEST
CORNER OF SAID LOT 5; THENCE N.90000'00''E., FOR A DISTANCE OF
165.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 25447 SQUARE FEET OR 0.5842 ACRES; MORE OR LESS.
Q
Exhibit "B"
Oak Level Heights Location Map
CLARCONA OCOEE
<:(
ORDINANCE NO.
(Rezoning Ordinance for Oak Level Heights Parcel)
TAX PARCEL ID #s 05-22-28-6052-00-030;
05-22-28-6052-00-040;
05-22-28-6052-00-050
CASE NO. RZ-07-04-07: Oak Level Heights Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE R-l, "SINGLE FAMILY
DWELLING," ON CERT AIN REAL PROPERTY CONT AINING
APPROXIMATELY 0.58 ACRES LOCATED SOUTH OF AND
ADJACENT TO CLARCONA OCOEE ROAD AND APPROXIMA TEL Y
150 FEET WEST OF ANGOLA STREET PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 0.58 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee R-l,
"Single Family Dwelling;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint Planning
Area Agreement entered into February 11, 1994 by and between Orange County and the City of
Ocoee, as amended (the "JP A Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has
the authority to establish zoning for the real property hereinafter described and to immediately
ORLA_ 492372.1
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on June 5, 2007 the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2007 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 0.60 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-I, "General Agriculture," to Ocoee R-l, "Single Family Dwelling." A map of said land herein
described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by
this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
2
ORLA_ 492372.1
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2007.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2007
READ FIRST TIME ,2007.
READ SECOND TIME AND ADOPTED
,2007.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2007.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_ 492372.1
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 3 THROUGH 5, BLOCK "B" OAK LEVEL HEIGHTS, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "L", PAGE 31 OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE
PARTICULARLY AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK "B" OAK
LEVEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA; THENCE RUN S.00045'07''E., FOR A DISTANCE OF
154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE RUN
S.89051'10"W FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST
CORNER OF LOT 5, BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN
N.00045'00''W., FOR A DISTANCE OF 154.45 FEET TO THE NORTHWEST
CORNER OF SAID LOT 5; THENCE N.90000'00''E., FOR A DISTANCE OF
165.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 25447 SQUARE FEET OR 0.5842 ACRES; MORE OR LESS.
Q
Exhibit "8"
Oak level Heights location Map
CLARCONA OCOEE
<(
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
AFTER RECORDING RETURN TO:
For Recording Purposes Only
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Tax Parcel Identification Number(s):
05-22-28-6052-02-030
05-22-28-6052-02-040
05-22-28-6052-02-050
ANNEXATION AGREEMENT
(OAK LEVEL HEIGHTS - LOTS 3, 4 AND 5, BLOCK B)
THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this
_ day of , 2007, by and among the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida
34761 (the "City"), EXCLUSIVE HOMES, INC., a Florida corporation, whose mailing address
is 1137 E. Plant Street, Winter Garden, Florida 34787 ("Exclusive"), and G. DOUGLAS
LAMAN, whose mailing address is 1137 E. Plant Street, Winter Garden, Florida 34787
("Laman") (Exclusive and Laman are referred to herein collectively as the "Owner").
W! TNE~~E T H:
WHEREAS, Exclusive owns certain real property located in unincorporated Orange
County, Florida having Orange County Tax Parcel Identification Numbers 05-22-28-6052-02-
030 and 05-22-28-6052-02-050 ( the "Exclusive Parcels"); and
WHEREAS, Laman owns certain real property located in unincorporated Orange
County, Florida having Orange County Tax Parcel Identification Numbers 05-22-28-6052-02-
040 (the "Laman Parcel"); and
WHEREAS, the Exclusive Parcels and the Laman Parcel are hereinafter collectively
referred to as the "Property", which is more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof; and
ORLA_573563.2
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the
City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property
into the corporate limits of the City (the "Petition"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review
the Petition and at such hearing found the annexation of the Property to be consistent with the
Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange
County (the "JP A Agreement"), and has recommended that the Ocoee City Commission annex
the Property into the corporate limits of the City; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and
found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JP A
Agreement; and
WHEREAS, the City has determined that, subject to the terms, conditions and
limitations hereinafter set forth, it is feasible to extend municipal services to the Property on the
same terms and conditions afforded to all property owners within the City except to the extent set
forth in this Agreement; and
WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities
Analysis with respect to the annexation of the Property and determined that this Agreement and
the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee
Comprehensive Plan; and
WHEREAS, the Property consists of three (3) platted lots of record, each lot being
approximately 55 feet in width and 155 feet in depth (each, a "Lot"); and
WHEREAS, the Owner has previously obtained from Orange County, Florida (the
"County") approval of certain variances, identified by Orange County Case Nos. V A-07-02-010,
V A-07-03-016, and V A-07-03-017 (collectively, the "County Variances"), which reduced the
minimum lot width applicable to the development of the Property from the minimum lot width
that would have otherwise been required under the Orange County Code if the Property was
developed in the County, to a minimum lot width that would allow each Lot to be developed as
platted; and
WHEREAS, the City and Owner desire to address in this Agreement certain matters
related to the terms and conditions related to the annexation and development of the Property.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
agreements set forth herein and other good and valuable consideration the receipt of which is
hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby
agree as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and by this
reference are incorporated herein as part of this Agreement.
ORLA_573563.2
-2-
Section 2. Annexation. Prior to the execution of this Agreement by the City, the Ocoee
City Commission has adopted Ordinance No. for Case No. AX-04-07-06, thereby
redefining the corporate territorial limits of the City to include the Property.
Section 3. Development of the Property.
A. Reco2nition of County Variances. The Owner and City acknowledge
and agree that the County previously approved the County Variances. The County
Variances are hereby incorporated herein by reference as if fully set forth herein. The
City further agrees to recognize the minimum lot width referenced in the County
Variances (55 feet) as the minimum lot width applicable to the development of the
Property notwithstanding any provision of the City of Ocoee Land Development Code to
the contrary. Accordingly, Section 5-10(B) of the City ofOcoee Land Development Code
in not applicable with respect to the Property.
B. Limitations on Development. Except as specifically provided in this
Agreement, all development of the Property must be in accordance with the standards
applicable to areas within the R-l zoning district, according to Ordinance 99-23, as
amended, and, in all other respects, comply with the requirements of the City of Ocoee
Land Development Code.
Section 4. City Water and Sewer Systems. The Owner hereby agrees to connect all
improvements on the Property to the City's water system prior to issuance of the first Certificate
of Occupancy for the Property. Owner further agrees to comply with all City requirements for
connection to the City's water system, including but not limited to the payment of all charges
applicable to consumers within the corporate limits of the City with respect to water service for
the Property. If City sewer service becomes available to the Property, the Owner agrees to
connect the Property to the City's sewer system in accordance with all applicable City
requirements.
Section 5. Indemnification. The Owner hereby agrees to indemnify and save the City
harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and
causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and
paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of
this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights
granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of
any Claims and shall provide the City with information regarding the Claims as the City may
reasonably request, but the failure to give such notice or provide such information shall not
diminish the Owner's obligations under this Section.
Section 6. Notices. Any notice required to be given hereunder shall be in writing and
shall be delivered in person or by certified mail, postage paid, return receipt requested as follows.
If such notice is to be given to the City, such shall be given at the address set forth above. If such
notice is to be given to the Owner, such shall be given at the addresses set forth above. Any
notice, direction or other communication delivered or mailed, as directed above shall be deemed
ORLA_573563.2
-3-
to be delivered as of three (3) days after the date of mailing or, if delivered personally, when
received.
Owner:
Exclusive Homes, Inc. and G. Douglas Laman
1137 E. Plant Street
Winter Garden, Florida 34787
City:
City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
Section 7. Miscellaneous.
A. The Owner hereby warrants and represents to the City that the Owner
currently owns fee title to the Property and has full power and authority to enter into this
Agreement.
B. The parties agree that at any time following a request therefor by the other
party, each shall execute and deliver to the other party such further documents and
instruments, in form and substance reasonably necessary to confirm and/or effectuate the
obligations of either party hereunder.
C. The Owner acknowledges and agrees that the City shall record this
Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay
all costs associated therewith.
D. For all purposes of this Agreement, the Effective Date hereof shall mean
the date when the last of the City or the Owner has executed the same, and that date shall
be inserted at the top of the first page hereof.
E. This Agreement may not be modified or amended, or any term or
provision hereof waived or discharged except in writing, in recordable form, signed by
the parties hereto, or their respective successors and assigns. Any such modification or
amendment shall not be effective until recorded in the Public Records of Orange County,
Florida.
F. This Agreement shall be construed and enforced in accordance with, and
governed by, the laws of the State of Florida.
G. This Agreement and all other rights and obligations of the parties
hereunder are intended to and shall run with the Property, and shall bind, and inure to the
benefit of, the parties hereunder and their respective successors and assigns.
H. The headings of this Agreement are for reference only and shall not limit
or otherwise affect the meaning thereof.
ORLA_573563.2
-4-
ORLA_573563.2
1. The Owner shall bear its own attorneys' fees and costs and shall reimburse
the City for its attorneys' fees and costs in connection with any proceeding in which the
Owner seeks to challenge the validity or enforceability of any provision of this
Agreement.
J. In the event a third party institutes a legal proceeding against the City
and/or the Owner, regarding the enforceability of this Agreement or any other matters
arising out of or related to this Agreement or the provision of water and sewer service,
and such third party prevails, then in such event the Owner shall pay all costs, fees,
charges, and expenses of the City relative thereto, including but not limited to attorneys'
fees and paralegal fees at both the trial and appellate levels.
K. This Agreement embodies and constitutes the entire understandings of the
parties with respect to the subject matter hereof and all prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged
into this Agreement.
L. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original but all of which together shall constitute one and
the same instrument.
M. If any word, sentence, phrase, paragraph, provIsIOn, or portion of this
Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-5-
IN WITNESS WHEREOF, the City has caused this Agreement to be executed as of the
day and year first written above.
"CITY"
CITY OF OCOEE, a Florida municipal
corporation
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY
This _ day of , 2007
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2007
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally
acknowledged executing the same on behalf of said municipality in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2007.
Signature of Notary
Name of Notary (Type, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_573563.2
-6-
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
on July , 2007.
"OWNER"
Signed, sealed and delivered
in the presence of:
EXCLUSIVE HOMES, INC., a Florida
corporation
Signature
Print/Type Name
By:
Name:
Title:
Signature
(CORPORATE SEAL)
Print/Type Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, as of EXCLUSIVE
HOMES, INC., a Florida corporation, who [ ] is personally known to me or [ ] produced
as identification, and that _he acknowledged executing the
foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in him/her by said corporation, and that the
seal affixed hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2007.
Signature of Notary
Name of Notary (Type, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_573563.2
-7-
"OWNER"
Signed, sealed and delivered
in the presence of:
Signature
By:
G. DOUGLAS LAMAN
Print/Type Name
Signature
Print/Type Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared G. DOUGLAS
LAMAN, who [ ] is personally known to me or [ ] produced as
identification, and that _he acknowledged executing the foregoing instrument in the presence
of two subscribing witnesses freely and voluntarily.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2007.
Signature of Notary
Name of Notary (Type, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_573563.2
-8-
EXHIBIT "A"
LEGAL DESCRIPilON
LOTS J THROUGH 5. BLOCK "8". OAK LEVEL HEICHTS, ACCORDING TO THE PLA~ THEREOF, AS RECORDED IN PLAT
BOOK "L', PAGE 31 OF TKE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY AS fOLLOWS:
BECINNING AT THE NORTHEAST CORNER OF LOT :\, GLOCK "B", OAK LEVEL HEIGH'S. ACCORDING TO TH~ PLAT
THEREOF. A5 RECORDED IN PLAT BOOK "L", PAGE 31 OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLOR!DA;
THENCE RUN S.00'45'07"E., FOR A DISTANCE OF 154.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT .;;
THENCE RUN 5.89'51' 10'\'1., FOR A DISTANCE OF 165.00 FEET TO THE SOUTHWEST CORNER OF LOT 5,
BLOCK "B", OAK LEVEL HEIGHTS; THENCE RUN N.OO'4S'OO"W" FOR A DISTANCE OF 154.45 FEET TO TriE
NORTHWEST CORNER OF SAID LOT 5; THENCE N.90'OO'DO"E" FOR A DISTANCE OF 165,00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 25447 SOUARE FEET OR 0.5842 ACRES, MORE DR LESS.
lOT 17
LOT 6
SW. COR., La;
N.O()'4S'()O"\,I. 154.45'
LOT 18
lOT 5
'"
00
""
~
-;:;
~
II '"
II~ ~
~--~~
'"
..;
-
----r:
?; 'Iv '0 ~o"
LOT 19
~~
;.n
">
~
-f- - - - - - - --
lOT 20
LOT 3
SE. COR.. LOT 3-.../
5.00'45 '07'.,
154.02'
LOT 21
I
I
---r
I
--------
LOT 2
lOT 22
lOT 1
't-
I
~
ANGOLA STREET
NOTES;
1, BEARINGS SHOWN HEREON ARE BASED ON
THE SOUTH RIGHT -OF-WAY LINE OF CLARCONA
OCOEE ROAD. BEING AN ASSUMED BEARING OF
EAST.
SKETCH OF DESCRIPTION
(THIS IS NOT A SURVEY)
REVISIONS
SCALE: 1 "= 50'
_" Z
~NW
COR., LOT 5
o
I~
o
o
z
)>
o
o
o
("T1
("T1
1:::0
10
)>
o
t
I~II POINT OF BEGINNING
NE. COR., LOT 3
I
~
'"
~
'"
"
~B-ODI.I<<
ANN!:X
NOT VALID WITHOllT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND J.t~PPER.
Jab No;
Cadd File;
Field Dote;
Drown 6y:
Field By:
Field Bk/Pg:
Rev.
Rev.
Rev.
Rev.
Dale;
Dote:
Dcte:
Dale:
5/2'4/2007
lEJ
LEJ
uwrenC'.. E. JrmkiuB
Prol,.$S/tma/ SUlTe)'or &- lIB.pp~r
Florid. R~IJ$trIlUon "384-
as Pi,.,.!; Atbo, Dr;....e
Qr~OA..:lo. P'"IQrjdo, 32625
T... '4<l7} Je<-8JJ9