Item #08 Park Square - Annexation & Rezoning ��eCenter of Good L
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AGENDA ITEM STAFF REPORT
Meeting Date: October 19, 2010
Item# g
Reviewed By: °
Contact Name: J. Antonio Fabre, AICP Department Director: Contact Number: 407 - 905 - 3100/1019 City Manager:
Subject: Park Square Home Property
Annexation and Initial Zoning
Project No(s): AX- 04 -10 -20 & RZ- 10 -04 -03
Commission District # 3 — Rusty Johnson
Background /Summary:
General Location: The property is located on the north side of Roberson Road approximately 627 feet east of
Tomyn Boulevard (Windermere Road) intersection.
Parcel Identification Number(s): 31- 22 -28- 0000 -00 -005
Physical Address: 11801 Roberson Road
Property Size: 17.17 + / -acres
Actual land use, proposed land use and unique features of the subject property: The subject property consists of
a vacant and undeveloped land fronting on Roberson Road. A portion of the site is designated as Floodplains on
the Future Land Use Map. The proposed residential land use is consistent with the existing Future Land Use
designation. It should be noted that an abandoned residential structure will be demolished prior to annexation.
The table below references future land use, jurisdiction and zoning classification of the subject property:
JPA Future Land Use Classification Jurisdiction / Zoning Classification
CURRENT Low Density Residential & Orange County / A -1 "General Agriculture "'
Conservation /Floodplains
PROPOSED Low Density Residential & City of Ocoee / R -IAA "Single- Family Dwelling"
Conservation /Floodplains
The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the
surrounding parcels:
DIRECTION: JPA FUTURE LAND USE / JURISDICTION EXISTING LAND USE / ZONING
North Low Density Residential & Agriculture / A -1 "Agriculture "
Conservation /Floodplains / Orange County
East Low Density Residential & Residential / PUD "Planned Unit Development"
Conservation /Floodplains / City of Ocoee
South Recreation and Open Space / Orange County George Bailey Park / P -D "Plan Development"
West Low Density Residential & Agriculture (Bru -Mar Nursery) / A -1 "Agriculture
Conservation /Floodplains / Orange County
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 eastern boundary of this property touches the City limits. The subject property is considered
contiguous to the City of Ocoee and, therefore, eligible for annexation.
Joint Planning Area Agreement: 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. 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.
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 Agreement, and the City's Annexation Policy...." 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..."
School Capacity Enhancement Agreement(s): The applicant has submitted a CEA & Common Law Vesting
approval letter from Orange County Concurrency Management, dated March 31, 2009, for the subject property in
order to handle school capacity and concurrency compliance.
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the proposed use
and size of the parcel, Staff determined that the urban services could be adequately provided to the subject
property (See attached "Annexation Feasibility Analysis "). Should the property owner choose to develop the
property in the future; however, they will be required to make certain improvements in accordance with the Land
Development Code.
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and
the annexation meets state and local regulations. Upon annexation, the property will assume a Low Density
Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The applicant is
requesting an initial City zoning classification of R -1AA "Single- Family Dwelling" for the subject parcel.
Furthermore, the Applicant has expressed that the subject property would either develop as a residential
subdivision or as an ACLF (Assisted Congregated Living Facility) both of which are permitted uses under the
requested zoning classification and adopted comprehensive plan. It should also be noted that the owners of the
western adjacent parcel are in the process of requesting annexation into the City's corporate limits.
Issue:
Should the Mayor and City Commissioners approve the Annexation and the Initial Zoning (R -1AA) for the Park
Square Property?
Development Review Committee (DRC) Recommendation:
On August 31, 2010, the DRC met to determine if the proposed annexation and initial zoning was consistent with
the City's regulations and policies. There was some discussion on the extension of future utilities and right -of -way
dedication. However, it was determined that the proposed Annexation Agreement would better adequately
addressed these concerns. Finally, the Applicant felt confident that the Title Report for the property will be
finalized before the final City Commission meeting. When the discussion was finished, the DRC voted
unanimously to recommend approval of the annexation and initial zoning for the Park Square property.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed Park Square Property's annexation and initial
zoning on September 14, 2010. City Staff presented a brief summary and overview of the requested actions. City
Staff answered several questions regarding the possible use of the property and the reasons for the requested
annexation. All of these questions were addressed adequately in the P &Z meeting. There was no one from the
public to speak regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted
unanimously to recommend approval of the Annexation of the +/ -17.17 acres parcel of land known as the "Park
Square Property" with an Initial Zoning classification of "R -1AA ".
Staff Recommendation:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation Ordinance of the +/ -17.17 acres parcel of land known as
the "Park Square Property" with an Initial Zoning Ordinance classification of "R -1AA ".
Attachments:
Annexation Feasibility Analysis
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Annexation Ordinance
Rezoning Ordinance
Annexation Agreement.
Financial Impact:
None.
Type of Item: (please mark with an "x')
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
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
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX- 04 -1 - and RZ- 10 -04 -03
APPLICANT NAME: Vishaal Gupta
PROJECT NAME: PARK SQUARE PROPERTY
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.
I. PLANNING DEPARTMENT J. Antonio Fabre, AICP
A. Applicant/Owner
1. Owner (if different from Applicant): VIVEK WELFARE AND EDUCATIONAL FOUNDATION INC
B. Property Location
1. General Location: On the north side of Roberson Road approximately
627 feet east of Tomyn Boulevard.
2. Parcel Identification Number: 31- 22 -28- 0000 -00 -005
3. Street Address: 11801 Roberson Road
4. Size of Parcel: 17.17
C. Use Characteristics
1. Existing Use: Vacant
2. Proposed Use: Residential
3. Density / Intensity: Max 4 dwelling units per acre.
4. Projected Population: Unknown at this time.
D. Zoning and Land Use
1. Orange County Future Land Use: Rural & Conservation
2. Orange County Zoning: A -
3. Existing Ocoee Future Land Use: Low Density Residential & Conservation /Floodplains
4. Proposed Ocoee Zoning: R1 -
E. Consistency
1. Joint Planning Area Yes.
2. Comprehensive Plan: Yes.
II. FIRE DEPARTMENT Chief Pete McNeil
1. Estimated Response Time: 3 to 5 Minutes
2. Distance to Property: 1.1 Miles
3. Fire Flow Requirements: 500 GPM
III. POLICE DEPARTMENT Chief Charles Brown
1. Police Patrol Zone / Grid / Area: Zone 3 / Grid 7 / Wesmere Cheshire Woods
2. Estimated Response Time: 2.5 minutes
3. Distance to Property: 2.63 miles
4. Average Travel Time 5.0 minutes
Page 1 of 3
Applicant Name: Vishaal Gupta
Project Name: Park Square Property
Case #: AX- 04 -10 -20 and RZ- 10 -04 -03
IV. ECONOMIC VALUE J. Antonio Fabre, AICP
1. Property Appraiser Taxable Value: Orange County Property Appraiser 5 -26 -2010 / $665,935
2. Property Appraiser Just Value Orange County Property Appraiser 5 -26 -2010 / $2,110,421
3. Estimated City Ad Valorem Taxes: Unknown at this time.
4. Anticipated Licenses & Permits: Unknown at this time.
5. Potential Impact Fees: These will be assessed when building permits are
pulled.
6. Total Project Revenues: Unknown at this time.
V. BUILDING DEPARTMENT J. Antonio Fabre, AICP
1. Within the 100 -year Flood Plain: Yes.
VI. UTILITIES David Wheeler, P.E.
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 12" WM on Roberson Road at Wesmere Parkway.
Nearest Water Main:
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 8" Gravity at Wesmere Parkway and Kirkhill Street.
Nearest Force Main:
5. Annexation Agreement Needed: Yes.
C. Other
1. Utility Easement Needed: TBD.
2. Private Lift Station Needed: No (Public).
3. Well Protection Area Needed: N /A.
VII. TRANSPORTATION J. Antonio Fabre, AICP
1. Paved Access: Yes.
2. ROW Dedication: Yes.
3. Traffic Study: No.
4. Traffic Analysis Zone: 629
Page2of3
Applicant Name: Vishaal Gupta
Project Name: Park Square Property
Case #: AX- 04 -10 -20 and RZ- 10 -04 -03
VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change and will be subject to a concurrency evaluation during the site
plan approval process .
Adequate park capacity exists.
B. Parks / Recreation:
At this time, adequate water and sewer capacity exists; however, this
C. Water / Sewer: condition may change and will be the subject to a concurrency evaluation
during the site plan approval process.
The applicant will be required to handle the stormwater on -site, according to
D. Stormwater: the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
E. Solid Waste: change and will be the subject to a concurrency evaluation during the site plan
approval process.
Actual impact fees will be calculated during issuance of a Building Permit.
F. Impact Fees:
Per the Interlocal Agreement between OCPS and the City of Ocoee, and
G. Public School applicable FL Statutes; the applicant will be required to obtain a School
Concurrency Certificate prior to the approval of a Preliminary Plat or
Functional Equivalent, which the City considers to be a Final S ubdivision Plan.
IX. SITE SPECIFIC ISSUES J. Antonio Fabre, AICP
The Applicant has indicated that the property will either develop as a residential subdivision or
as an Adult Congregate Living Facility (ACLF). The requested R1 -AA zoning district allows for
an ACLF as a permitted use (LDC, Article V, Table 5 -1).
X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP
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 eastern boundary
of this property touches the City limits. Therefore, the subject property is considered contiguous
to the City of Ocoee and eligible for annexation.
Page 3 of 3
Park Square
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ORDINANCE NO. 2010-028
(Annexation Ordinance for Park Square)
TAX PARCEL ID: 31 22 28 0000 - 00 - 005
CASE NO. AX- 04- 10 -20: PARK SQUARE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 17.17 ACRES LOCATED NORTH OF AND
ADJACENT TO ROBERSON ROAD AND EAST OF WINDERMERE
ROAD, 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 approximately 17.17 acres of property, as more particularly described in Exhibit "A"
hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City 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 of Ocoee entered
into a Joint Planning Area Agreement, which agreement has from time to time been amended by
Orange County and the City of Ocoee (the "JPA Agreement ") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
p � p Y pP q
ORLA_1629681.1 -1-
consistent with the JPA 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. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT `B" and by this reference is made a part hereof.
Section 5. ANNEXATION TO CENTERLINE OF ROAD. The land annexed
pursuant to this Ordinance shall extend to the centerline of any public road right -of -way located
adjacent to the real property described on Exhibit " A" attached hereto, provided, however, that
the annexation of any such right -of -way shall not serve to transfer any construction, operation or
maintenance responsibilities with respect thereto, except to the extent such responsibilities are
expressly transferred to and accepted by the City pursuant to an interlocal agreement in
accordance with Section 335.0415, Florida Statutes.
Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan
and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth
in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code.
Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
ORLA_1629681.1 -2-
Section 8. OFFICIAL MAPS. 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 9. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
Section 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 12. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its 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 effective date.
ORLA_1629681.1 -3-
PASSED AND ADOPTED this day of , 2010.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2010.
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY , UNDER
THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2010
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1629681.1 -4-
EXHIBIT "A"
Legal Description:
A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida.
Said portion of land being more particularly described as follows:
Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31,
per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida; thence
run North 00 °34'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson
Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said
right of way, North 89 °46'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of
Jay Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run northerly along said
easterly line, North 00 °34'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxmi
Enterprises LLC; thence continue North 00 °34'28" East, a distance of 465.00 feet to a point on the
Southerly Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run
easterly along said southerly line, South 89 °46'24" East, a distance of 660.00 feet to a point on the
Westerly Boundary Line of Tract D, per the Plat of Cresentlake, Plat Book 36, Pages 46 -47, City of
Ocoee, Orange County, Florida; thence run southerly along said westerly line, South 00 °34'28" West, a
distance of 260.47 feet to the Southwest corner of said Tract D; thence continue South 00 °34'28" West,
along the Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of 864.53 feet
to the Point of Beginning.
Said lands contain 17.045 acres or 742,486 square feet, more or less.
ORLA_1629681.1 -5-
EXHIBIT "B"
Park Square
Location Map
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ORLA_1629681.1 -6-
ORDINANCE NO. 2010-029
(Rezoning Ordinance for Park Square)
TAX PARCEL ID #s 31- 22 -28- 0000 -00 -005;
CASE NO. RZ- 10- 04 -03: PARK SQUARE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1,
"GENERAL AGRICULTURE" TO OCOEE R -1AA, "SINGLE FAMILY"
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY
17.17 ACRES LOCATED NORTH OF AND ADJACENT TO ROBERSON
ROAD AND EAST OF WINDERMERE ROAD; PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; 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 annexed into
the corporate limits of the City of Ocoee, Florida pursuant to Ordinance No.
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 17.17 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A -1, "General Agricultural" to Ocoee R-
1AA, "Single Family;" 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 hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes; and
ORLA_1629684.1
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 September 14, 2010, 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 , 2010 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 17.17 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A -1, "General Agricultural" to Ocoee R -1AA, "Single Family."
SECTION 3. MAP. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
P tY
JPA Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
2
ORLA_1629684.1
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2010.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
ift r
Beth Eikenberry, City Clerk S. Scott Vander g , Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE ADVERTISED , 2010
CITY OF OCOEE, FLORIDA; APPROVED READ FIRST TIME , 2010.
AS TO FORM AND LEGALITY THIS READ SECOND TIME AND ADOPTED
DAY OF , 2010 , 2010 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
EXHIBIT "A"
Legal Description:
A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida.
Said portion of land being more particularly described as follows:
3
ORLA_1629684.1
Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31,
per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida; thence
run North 00 °34'28" East, a distance of 30.00 feet to a point on the North Right of Way Line of Roberson
Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly along said right
of way, North 89 °46'24" West, a distance of 660.00 feet to a point on the Easterly Boundary Line of Jay
Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run northerly along said easterly
line, North 00 °34'28" East, a distance of 660.00 feet to the Northeast corner of said Jay Laxmi Enterprises
LLC; thence continue North 00 °34'28" East, a distance of 465.00 feet to a point on the Southerly
Boundary Line of Fiedler Erwin W TR, Official Records Book 7007, Page 2736; thence run easterly
along said southerly line, South 89 °4624" East, a distance of 660.00 feet to a point on the Westerly
Boundary Line of Tract D, per the Plat of Cresentlake, Plat Book 36, Pages 46 -47, City of Ocoee, Orange
County, Florida; thence run southerly along said westerly line, South 00 °34'28" West, a distance of
260.47 feet to the Southwest corner of said Tract D; thence continue South 00 °34'28" West, along the
Westerly Boundary line of Tract C, per said plat of Cheshire Woods, a distance of 864.53 feet to the Point
of Beginning.
Said lands contain 17.045 acres or 742,486 square feet, more or less.
4
ORLA_1629684.1
1
EXHIBIT "B"
Park Square
Location Map
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5
ORLA_1629684.1
THIS INSTRUMENT PREPARED BY:
Dorothy E. Watson, 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
Case No.: AX- 04- 110 -20: Park Square
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (this "Agreement ") is made this day of
, 2010, by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City "), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and VIVEK WELFARE AND EDUCATIONAL
FOUNDATION, INC., a Florida corporation (hereinafter collectively referred to as the
"Owner "), whose mailing address is 5200 Vineland Road, Suite 200, Orlando, Florida 32811.
RECITALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange
County, Florida, said property being more particularly described in Exhibit "A" attached
hereto and by this reference made a part hereof (the "Property "); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned
the City Commission of the City (the "Ocoee City Commission ") to voluntarily annex the
Property into the corporate limits of the City (the "Petition "); and
WHEREAS, the Planning 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 "JPA Agreement "), and has recommended that the Ocoee City Commission annex
the Property into the corporate limits of the City; and
WHEREAS, the City has required that the Owner execute this Agreement as a
condition precedent to the consideration of the Petition by the Ocoee City Commission; and
ORLA 1606843.2
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and
found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the
JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and
WHEREAS, the City has determined that the execution of this Agreement is essential
to the public health, safety and welfare and the ability of the City to plan for proper traffic
circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan;
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.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. ANNEXATION OF THE PROPERTY. Contemporaneous with the
execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance
No. - for Case No. AX- 04- 110 -20 (the "Annexation Ordinance), thereby redefining
the corporate territorial limits of the City to include the Property.
SECTION 3. CONVEYANCE OF RIGHT OF WAY.
A. At the time of Final Subdivision Plan approval or Final Site Plan
approval, Owner shall convey to the City a twenty (20) foot wide strip of land lying adjacent
and contiguous to the right -of -way for Roberson Road, plus such additional land lying adjacent
and contiguous to the right -of -way for Roberson Road as may be required by the City in order
for the Owner to construct any roadway improvements (such as turnlanes) required as part of
the approval of the Final Subdivision Plan or Final Site Plan (the "Right -of -Way Land ").
B. Notwithstanding the foregoing, the City may, at its option,
require that the Owner convey to the City the following portion of the Right -of -Way Land
within sixty (60) days of receipt of a written request from the City and prior to approval of the
Final Subdivision Plan or Final Site Plan: a twenty (20) foot wide strip of the Right -of -Way
Land lying adjacent and contiguous to the right -of -way for Roberson Road.
C. At least thirty (30) days prior to the conveyance of any portion of
the Right -of -Way Land, the Owner shall provide the City with a metes and bounds legal
description and sketch of description of the property to be conveyed, said description being
certified to the City and subject to the review and approval of the City. Any portion of the
Right -of -Way Land shall be dedicated and conveyed by the Owner to the City by special
ORLA_1606843.2
-2-
1
warranty deed free and clear of all liens and encumbrances except for those matters acceptable
to the City. The form of the special warranty deed shall be subject to the approval of the City.
At least thirty (30) days prior to any conveyance, the Owner shall provide to the City a current
attorney's opinion of title or a current title commitment to be followed by a policy of title
insurance evidencing that fee simple title to the property is free and clear of all liens and
encumbrances except for those matters acceptable to the City (the "Title Report "). The Title
Report must be less than six (6) months old and certified to the City of Ocoee. The costs and
expenses related to the conveyance and dedication of any portion of the Right -of -Way Land,
including the cost of the Title Report shall be borne solely by the Owner. Real property taxes
on any portion of the Right -of -Way Land shall be prorated as of the date before the City's
acceptance of the conveyance of the same and the prorated amount of such real property taxes
attributable to the Owner shall be paid and escrowed by the Owner in accordance with the
provisions of Section 196.295, Florida Statutes, provided, however, that if the conveyance
occurs between November 1 and December 31, then the Owner shall be responsible for real
property taxes for the entire year.
D. Neither the Owner, its successors and assigns, nor any other
person or entity shall be entitled to any road impact fee credits or other compensation of any
kind for, on account of, or with respect to the required dedication and conveyance of the
Right -of -Way Land to the City.
SECTION 4. TRAFFIC STUDY. As part of its application for subdivision or site
plan approval, the Owner shall obtain a traffic study which addresses any roadway
improvements within Roberson Road which may be needed in connection with the development
of the Property. The design, engineering, permitting and construction of the roadway
improvements shall be the sole responsibility of the Owner and shall be included within any
Final Subdivision Plan or Final Site Plan.
SECTION 5. CONNECTION TO UTILITIES. As of the date of this Agreement,
the City has not extended municipal utilities to serve the Property and has not budgeted funds
to do so. In consideration for the annexation of the Property at this time, Owner agrees to
design, engineer, permit and construct, at its sole cost and expense, the extension of municipal
utilities to the Property in connection with the development of the Property (the "Utilities
Extensions "). The Utilities Extensions shall include the extension of water facilities to the
Property from the existing facilities located at Wesmere Parkway and Roberson Road, the
extension of sewer facilities to the Property from the existing facilities located at Wesmere
Parkway within the Wesmere subdivision, and the construction of reuse facilities to the
Property from the intersection of Wesmere Parkway and Roberson Road for connection to the
City's reuse lines at such time as those lines become available in the area. Owner
acknowledges that its construction of said reuse facilities does not obligate the City to extend
or provide reuse service to the Property. Owner shall design and engineer any such Utilities
Extensions as part of the Final Subdivision Plan or Final Site Plan. The construction of the
Utilities Extensions shall be completed prior to the issuance of the first certificate of
completion or certificate of occupancy for the property.
ORLA_1606843.2 -3-
SECTION 6. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered (whether or not actually received)
(i) when hand delivered to the official hereinafter designated, (ii) upon receipt of such notice
when deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, or (iii) the next business day after being sent by nationally recognized overnight
delivery service for next business day delivery, all addressed to the party at the address set
forth opposite the party's name below, or at such other address as the party shall have
specified by written notice to the other party delivered in accordance herewith.
Owner: Vivek Welfare and Educational Foundation, Inc.
Attn: Braham R. Aggarwal
5200 Vineland Road, Suite 200
Orlando, FL 32811
CITY: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 7. NOTICES; DEFAULT. Each of the parties hereto shall give the
other party written notice of any default hereunder and shall allow the defaulting party thirty
(30) days from the date of its receipt of such notice within which to cure any such defaults or
to commence and thereafter diligently pursue to completion good faith efforts to effect such
cure and to thereafter notify the other parties of the actual cure of any such defaults. 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 8. 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 9. RECORDATION. 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 10. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 11. SEVERABILITY. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 12. RECOVERY OF ATTORNEYS' COSTS AND FEES. In
connection with any litigation between the City and the Owner, including appellate proceedings
ORLA_1606843.2 -4-
• arising out of this Agreement or the violation of any law, rule, regulation, ordinance,
resolution, or permit, the prevailing party shall be entitled to recover from the other party
reasonable attorneys' fees, paralegal fees, and costs hereunder, whether incurred prior to,
during or subsequent to such court proceedings, on appeal or during any bankruptcy
proceedings.
SECTION 13. ENTIRE AGREEMENT. This instrument and its exhibits
constitute the entire Agreement between the parties and supersedes all previous discussions,
understandings, and agreements between the parties relating to the subject matter of this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties
in writing by formal amendment which shall be recorded in the Public Records of Orange
County, Florida at the Owner's expense.
SECTION 14. COUNTERPARTS. This Agreement and any amendments hereto
may be executed in any number of counterparts, each of which shall be deemed an original
instrument, but all such counterparts together shall constitute one and the same instrument.
SECTION 15. EFFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval
by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective
Date of this Agreement shall be the effective date of the Annexation Ordinance.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed
the day and year first above written.
Signed, sealed and delivered "CITY"
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
Signature S. Scott Vandergrift, Mayor
Print /Type Name Attest:
Beth Eikenberry, City Clerk
Signature
Print /Type Name (SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this day of
2010.
ORLA_1606843.2 -5-
FOLEY & LARDNER LLP APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2010 UNDER AGENDA
By: ITEM NO.
City Attorney
ORLA_1606843 2 -6-
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally appeared
S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal
corporation, and that they severally acknowledged executing the same on behalf of said
municipality in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2010.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1606843.2 -7-
IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the day of , 2010.
Signed, sealed and delivered "OWNER"
in the presence of:
VIVEK WELFARE AND EDUCATIONAL
FOUNDATION, INC., a Florida corporation
By:
Suresh K. Gupta
Signature Treasurer
Print /Type Name (CORPORATE SEAL)
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 acknowledgements, personally appeared Suresh K. Gupta as
Treasurer of Vivek Welfare and Educational Foundation, Inc., a Florida corporation, who [ ]
is personally known to me or [ ] produced as
identification, and that he /she 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, 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 , 2010.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
ORLA_1606843.2 -8-
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1606843.2 -9-
EXHIBIT "A"
The Property
A portion of land located in Section 31, Township 22 South, Range 28 East, Orange County, Florida.
Said portion of land being more particularly described as follows:
Commence at the Southwest corner of the East 1/2 of the Northwest 1/4 of aforementioned Section 31,
per the Plat of Cheshire Woods, Plat Book 37, Page 148, City of Ocoee, Orange County, Florida;
thence run North 00 °34'28" East, a distance of 30.00 feet to a point on the North Right of Way Line
of Roberson Road, per said plat of Cheshire Woods and to the Point of Beginning; thence run westerly
along said right of way, North 89 °46'24" West, a distance of 660.00 feet to a point on the Easterly
Boundary Line of Jay Laxmi Enterprises LLC, Official Records Book 9684, Page 2131; thence run
northerly along said easterly line, North 00 °34'28" East, a distance of 660.00 feet to the Northeast
corner of said Jay Laxmi Enterprises LLC; thence continue North 00 °34'28" East, a distance of
465.00 feet to a point on the Southerly Boundary Line of Fiedler Erwin W TR, Official Records Book
7007, Page 2736; thence run easterly along said southerly line, South 89 °46'24" East, a distance of
660.00 feet to a point on the Westerly Boundary Line of Tract D, per the Plat of Cresentlake, Plat
Book 36, Pages 46 -47, City of Ocoee, Orange County, Florida; thence run southerly along said
westerly line, South 00 °34'28" West, a distance of 260.47 feet to the Southwest corner of said Tract
D; thence continue South 00 °34'28" West, along the Westerly Boundary line of Tract C, per said plat
of Cheshire Woods, a distance of 864.53 feet to the Point of Beginning.
Said lands contain 17.045 acres or 742,486 square feet, more or less.
ORLA_1606843.2 -10-
JOINDER, CONSENT, AND SUBORDINATION
The undersigned hereby certifies that is the
holder of a mortgage, lien or other encumbrance upon a portion of the above described
property, and that the undersigned hereby joins in and consents to the foregoing instrument by
the owner thereof and agrees that the mortgage, lien or other encumbrance by
in favor of
in the original principal amount of $
which is recorded in Official Records Book , Page , all of the Public Records of
Orange County of Florida, shall be subordinated to the foregoing instrument.
IN WITNESS WHEREOF, the undersigned has caused this Joinder, Consent and
Subordination to be duly executed by its authorized officer or representative this day of
Signed, sealed and delivered
in the presence of:
a
By:
Signature
Name:
Print /Type Name
Title:
Signature
Print /Type Name (CORPORATE SEAL)
ORLA_1606843.2 -1 1-
1
STATE OF
COUNTY OF )
THIS IS TO CERTIFY that on this day of
before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid, personally appeared , as
of , who [ ] is personally
known to me or [ ] produced as identification, and that he /she
acknowledged executing the foregoing instrument on behalf of said
, in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in him /her.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the above date.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ORLA_1606843.2 -12-
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NOTICE Of PUBLIC HEARING
FOR PARK SQUARE
CASE NUMBER: 112. 10-04-03
NOTICE IS HEREBY GiVEN, pursuant to Sub-
section 1 -10 and 5 -9 E of the City of
Ocoee Land Development Code that
on TUESDAY, OCTOBER 1S, 2010 AT 715 P.M. or
as soon thereafter as practical, the
OCOEE CITY COMMISSION will hold a PUBUC
HEARING at the City of Ocoee Commis-
sion Chambers, 150 North Lakeshore
Drive, Ocoee, Florida, to consider the
rezoning for a parcel identified as par-
cel number 31-22-28-0000-00-005, (11801
Roberson Rood). The property is gen-
erally located on the north side of Ro-
berson Road approximately 627 feet
east of Tomyn Boulevard (Winder-
mere Rood). The rezoning would be
from Orange County A -1 to Ocoee
R -IAA, Residential.
DpA, ORDINANCE THE ZONING O CLASSIFICATION
FROM ORANGE COUNTY A-t 'GENERAL AGM -
ON CERTAI REAL OCOEE CONTAINING FAMILY'
PROXIMATELY 17.17 ACRES LOCATED NORTH OF
AND ADJACENT TO ROBERSON ROAD AND
EAST OF WINDERMERE ROAD; PURSUANT TO
THE APPUCATION SUBMITTED BY THE P OP-
ERTY OWNER; FINDING SUCH ZONING TO RE
CONSISTENT WITH THE OCOEE C
JOINT PLANNING OAREA CITY CODE, PROVIDE
1NG FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES PROVIDING FOR
U VERABILITY; PROVIDING FOR AN EFFECTIVE
The complete case file, including a
complete legal description by metes
and bounds, may be inspected at the
Ocoee Development Services Depart-
ment /Planning Division located at 150
North Lakeshore Drive, Ocoee, Flori-
da between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, ex-
cept legal holidays.
The Ocoee City Commission may con-
tinue the public hearings to other
dates and times, as it deems neces-
sary. Any interested party shall be ad-
vised of the dates, times, and places of
any continuation of these or continued
public hearings shall be announced
during the hearing and no further no-
tices regarding these matters will be
published. You are advised that any
person who desires to appeal any deci-
sion made at the public hearings will
need a record of the proceedings and
for this purpose may need to ensure
that o verbatim record of the proceed-
ings is made which includes the testi-
mony and evidence upon which the ap-
Peal 15 based. In accordance with the
Americans with Disabilities Act, per-
sons needing a special accommodation
or an interpreter to participate in this
proceeding should contact the City
Clerk's Office 48 hours in advance of
the meeting at (407) 905 -3105.
Beth Eikenberry, City Clerk
Publish Date: October 7, 2010
COR1090836 10/07/2010