Item #09 Second Reading of Ordinance for Innovation Montessori Ocoee - Annexation and Initial Rezoning to A-1 “Agriculture,” Project No(s): AX-10-16-59/RZ-16-10-05; Preliminary Site Plan (PSP), Case No: LS-2016-009 )( )()(-)
Florida
AGENDA ITEM COVER SHEET
Meeting Date: January 17, 2017
Item # 9
,1
Reviewed By:
Contact Name: Mike Rumer, City ' anner Department Director:
Contact Number: 407-905-3157 City Manager:
Subject: Innovation Montessori Ocoee
Annexation, Rezoning, Preliminary Site Plan with Annexation and Development
Agreement
Project#AX-10-16-59, RZ-16-10-05& LS-2016-009
Commission District# 1 —John Grogan
BACKGROUND SUMMARY:
General Location: The subject property is located on the west side of N Lakewood Ave, 575 feet south of
Fullers Cross Rd and 1,555 feet north of Wurst Rd.
Parcel Identification Number(s): 07-22-28-0000-00-054, 07-22-28-0000-00-101, and 07-22-28-0000-00-079
Property Size: +1- 17.6 acres.
Actual land use, proposed land use and unique features of the subject property: The subject parcel for the
Innovation Montessori School is located on 17.6 acres. The parcel is heavily wooded and contains 5 acres of
wetlands. The site does contain some of the Wekiva Study Area environmental indicators such as "A" soils
on a portion of the site. Adherence to the Wekiva Study Area requirements is required. The applicant is
requesting annexation of the subject site for the future Montessori School and connection to potable water
and sewer.
The future land use & requested initial zoning classification of the subiect property:
CURRENT PROPOSED
Jurisdiction/Future Land Orange County/Rural City of Ocoee/Low Density Residential
Use-Joint Planning Area
Land Use Classification
Jurisdiction/Zoning Orange County/"A-1" City of Ocoee/"A-1"
Classification "Agriculture" "Agriculture"
The current future land use and zoning classifications of the surrounding properties:
Direction Future Land Use Zoning Classification Existing Land Use
North Rural A-1 (Orange County) Agricultural and Single-Family
East Rural A-1 (Orange County) Single-Family
South Rural A-1 (Orange County) Agricultural and Single-Family
West LDR(Low Density Residential) PUD Residential (Eagle Vacant Parcel
Creek Subdivision)
ISSUE:
Should the Honorable Mayor and City Commission approve the ordinances for the Annexation, Initial Zoning
to A-1 "Agriculture", and approve the Preliminary Site Plan with the Annexation and Development Agreement
for Innovation Montessori School, an 800 student Pre-K-8th grade charter school on N Lakewood Avenue?
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 it bordered by
property located within the City limits on the western boundary.
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. The
Applicant is concurrently requesting rezoning of the property to A-1 (Agriculture). Orange County has been
notified of this petition in accordance with Section 171.044(6) FS and Subsection 13-A of the City of Ocoee-
Orange County Joint Planning Area Agreement.
Rezoning: The Applicant has requested a City of Ocoee zoning designation of A-1 (Agriculture), which is
consistent with the zoning of the properties to the north, east and west. According to the Land Development
Code, the A-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density
Residential". The A-1 zoning designation is consistent with the adopted future land use designation of
Commercial, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map.
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..."
DISCUSSION:
The proposed Innovation Montessori School property is located on 17.6 acres. The parcel is heavily wooded
and contains 5 acres of wetlands. If approved, the school will consist of 800 students with four buildings in
two phases. The Phase 1 building will be an 8,400 sq. ft. Pre-k and kindergarten with parking, master
stormwater pond, and vehicular access. Phase 2 will consist of a one story multi-function building, one story
art building, two-story, 1St— 8th grade building for a combined total 52,000± sq. ft. in Phase 2. Additionally, an
outdoor classroom and environmental playground will be provided. Stormwater retention will be located on
the west side of the property. Access to the site will be provided via two entrances on N Lakewood Ave. A
left turn lane and right deceleration lane will be installed in Phase 2.
The site plan proposes to develop and mitigate a small section of isolated wetlands to facilitate the retention
pond. Also, the site does contain some of the Wekiva Study Area environmental indicators such as "A" soils
on a portion of the site. The proposed amount of open space provided is more than the 35% required.
Annexation Feasibility & Public Facilities Analysis Report (See attached): The proposed site plan will require
connection to City of Ocoee potable water and sewer.
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided,
and the annexation meets state and local regulations. The land use and initial zoning are also consistent
and compatible with surrounding properties.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on December 6, 2016, and reviewed the Annexation, Initial
Zoning to A-1 "Agriculture", and Large Scale Preliminary Site Plan for Innovation Montessori School. Staff
discussed the extension of a sewer main and public lift station. When the discussion was finished, the DRC
voted to recommend approval of the Annexation, Initial Zoning to A-1 "Agriculture" and Preliminary Site Plan,
subject to the resolution of the remaining staff comments.
PLANNING AND ZONING RECOMMENDATION:
The Planning and Zoning Commission (P&Z) met on December 13, 2016, and reviewed the Annexation,
Initial Zoning to A-1 "Agriculture", and Large Scale Preliminary Site Plan for Innovation Montessori School.
Members of the P&Z discussed the intersection of Fullers Cross Road and Ocoee Apopka Road's current
and future traffic delays. A motion was brought forth to recommend approval of the Annexation, Initial
Zoning to A-1 "Agriculture" and Preliminary Site Plan, subject to the issue of adding turn lanes at Fullers
Cross Road and Ocoee Apopka Road being brought forward to the City Commission.
RECOMMENDATION:
Based on the Feasibility Report and recommendation of the DRC and Planning and Zoning Commission,
Staff recommends the City Commission approve the ordinances for the Annexation, Initial Zoning to A-1
"Agriculture", and approve the Preliminary Site Plan with the Annexation and Development Agreement for
Innovation Montessori School, an 800 student Pre-K-8th grade charter school on N Lakewood Avenue.
Attachments:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation Ordinance;
Rezoning Ordinance;
Preliminary Site Plan;
Annexation and Development Agreement;
Letter from P&Z Member Greg Keethler
Financial Impact:
The Applicant will make a payment of$150,000.00 to the City in lieu of paying property taxes.
Type of Item:
® Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
® Ordinance Second Reading Public Hearing
❑ Resolution Regular Agenda
® Commission Approval
❑ Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution-Uev. 1\9«`meA
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. 111 N/A
Reviewed by ( ) ❑ N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX-10-16-59
APPLICANT NAME: Javier Omana
PROJECT NAME: INNOVATION MONTESSORI SCHOOL— 1610 N LAKEWOOD AVE
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 Michael Rumer, City Planner
A. Applicant/Owner
1. Owner (if different from Applicant): C/O Javier Omana Representative
B. Property Location
1. General Location: The subject property is located on the west side of N
Lakewood Ave, 575 feet south of Fullers Cross Rd
and 1,555 feet north of Wurst Rd.
2. Parcel Identification Numbers: 07-22-28-0000-00-054, 07-22-28-0000-00-101, & 07-
22-28-0000-00-079
3. Street Addresses: 1610 N Lakewood Ave
4. Size of Parcels: Total +/- 17.6 acres
C. Use Characteristics
1. Existing Use: Single Family Dwelling
2. Proposed Use: Charter School
3. Density/ Intensity: Not to exceed 4 dwelling units/acre
4. Projected Population: 0
D. Zoning and Land Use
1. Orange County Future Land Use: Rural
2. Orange County Zoning: A-1
3. Existing Ocoee Future Land Use: Low Density Residential
4. Proposed Ocoee Zoning: A-1
E. Consistency
1. Joint Planning Area Yes
2. Comprehensive Plan: Yes
II. FIRE DEPARTMENT Fire Department
1. Estimated Response Time: Response time is 2-4 minutes
2. Distance to Property: Distance is approx. 2.13 miles from Station 25
(Bluford Avenue)
3. Fire Flow Requirements: Depends on Building Type
III. POLICE DEPARTMENT Chief Charlie Brown
Page 1 of 3
Applicant Name:Javier Omana
Project Innovation Montessori
Case#:AX-10-16-59
1. Estimated Response Time: 3 Minute
2. Distance to Property: Approx. 1.5 miles from West Rd STation
3. Average Travel Time 4 minutes
IV. ECONOMIC VALUE Michael Rumer, City
Planner
1. Property Appraiser Taxable Value: $307,742
2. Property Appraiser Just Value Same as above.
3. Estimated City Ad Valorem Taxes: $0
4. Anticipated Licenses & Permits: Unknown
5. Potential Impact Fees: Unknown
6. Total Project Revenues: Unknown as it is intended to be a Public Charter
School
V. BUILDING DEPARTMENT Michael Rumer, City Planner
1. Within the 100-year Flood Plain: No
VI. UTILITIES Milen Womack, E.I.
A. Potable Water
1. In Ocoee Service Area: Yes
2. City Capable of Serving Area: Potable Water
3. Extension Needed: Yes
4. Location and Size of 12" Inch Line on east side of N Lakewood Ave
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 Six Inch Force will be extended from Wurst Rd to a
Nearest Force Main: lift station constructed onsite.
5. Annexation Agreement Needed: Yes
C. Other
1. Utility Easement Needed: Yes
2. Private Lift Station Needed: No
3. Well Protection Area Needed: No
Page 2 of 3
Applicant Name:Javier Omana
Project Innovation Montessori
Case#:AX-10-16-59
VII. TRANSPORTATION Michael Rumer, City Planner
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: Yes
4. Traffic Analysis Zone: NA
VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change once the school is at full capacity. The applicant is working with
Orange County on a 295' left turn lane.
At this time, adequate park/recreation capacity exists.
B. Parks / Recreation:
At this time, adequate water and sewer capacity exists.
C. Water/ Sewer:
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.
E. Solid Waste:
F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits.
N/A
G. Public School
IX. SITE SPECIFIC ISSUES Michael Rumer, City
Planner
Wetlands are located onsite. A minor wetland encroachment will be made.
X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City
Planner
This property is contiguous with the City Limits and will reduce the area of an enclave; therefore
this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
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COPY OF ADVERTISEMENT
Date Published and M FIRST INSERTION
CITY OF OCOEE
_ NOTICE OF PUBLIC HEARING
4B The West Orange Times Thursday,January 5,2017 INNOVATION MONTESSORI SCHOOL
ANNEXATION
CASE NUMBER:AX-10-16-59
NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1)of the City of
Ocoee Land Development Code,that on TUESDAY,JANUARY 17,2017,AT 7:15
P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will
hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North
Advertisement or. Lakeshore Drive, Ocoee,Florida,to consider the annexation of a property(the
'Property')consisting of three parcels of land identified as parcel numbers 07-22-
28-0000-00-054,07-22-28-0000-00-101,and 07-22-28-0000-00-079.The sub-
ject property is approximately 17.6 acres in size and is generally located at 1610 N...
Lakewood Avenue.The proposed use is for a Montessori School with grades VPK
8th grade and up to 800 students.
ORDINANCE NO.2017-001
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA;ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-17.6
ACRES LOCATED ON THE WEST SIDE OF NORTH LAKEWOOD AV-
ENUE AND SOUTH OF FULLERS CROSS ROAD,PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FIND- <,
ING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHO-
RIZING THE UPDATING OF OFFICIAL CITY MAPS;PROVIDING DI-
RECTION TO THE CITY CLERK;PROVIDING FOR SEVERABILITY; a
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN ;
EFFECTIVE DATE.
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Pursuant to Subsection 5-9 B.of the Land Development Code,the Planning Di-
rector has determined that the requested annexation is within the Ocoee-Orange
County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County
JPA Land Use Map and the Ocoee Comprehensive Plan.If the applicant's request
for annexation is approved,the annexation would incorporate the property into the
City of Ocoee.
Interested parties may appear at the public hearing and be heard with respect to
the proposed annexation.The complete case file,including a complete legal descrip-
tion by metes and bounds,may be inspected at the Ocoee Planning Department
located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00
a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City
Commission may continue the public hearing to other dates and times,as it deems
necessary. Any interested party shall be advised of the dates,times,and places of
any continuation of these or continued public hearings shall be announced during
the hearing and no further notices regarding these matters will be published.You are
advised that any person who desires to appeal any decision made at the public hear-
ings will need a record of the proceedings and for this purpose may need to ensure
that a verbatim record of the proceedings is made which includes the testimony and
evidence upon which the appeal is based. In accordance with the Americans with
Disabilities Act,persons needing a special accommodation or an interpreter to par-
ticipate in this proceeding should contact the City Clerk's Office 48 hours in advance
of the meeting at(407)905-3105.
January 5,12,2017 17-00042W
COPY OF ADVERTISEMENT
Date Published and Media Name
4B The West Orange Times Thursday.January 5,2017
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
INNOVATION MONTESSORI SCHOOL
REZONING
CASE NUMBER:RZ-16-10-05
NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1)of the City of
Ocoee Land Development Code,that on TUESDAY,JANUARY 17,2017,AT 7:15
P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will
hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North
Lakeshore Drive,Ocoee,Florida,to consider the rezoning of a property(the"Prop-
erty")consisting of three parcels of land identified as parcel numbers 07-22-28-
0000-00-054,07-22-28-0000-00-101,and 07-22-28-0000-00-079.The subject
property is approximately 17.6 acres in size and is generally located at 1610 N.Lake-
wood Avenue.The rezoning would be from Orange County A-1"to City of Ocoee
A-1"General Agriculture.The proposed use is for a Montessori School with grades
VP11-8th grade and up to 800 students.
ORDINANCE NO.2017-002
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE A-1(GENERAL AGRICULTURE)ON CERTAIN REAL PROP-
ERTY CONTAINING APPROXIMATELY+/-17.6 ACRES LOCATED ON
THE WEST SIDE OF NORTH LAKEWOOD AVENUE AND SOUTH OF
FULLERS CROSS ROAD,PURSUANT TO THE APPLICATION SUB-
M11 TED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OF-
FICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDI-
NANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFHhCTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to
the proposed action.The complete case file,including a complete legal description
by metes and bounds,may be inspected at the Ocoee Planning Department located
at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and
5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City Commis-
sion may continue the public hearing to other dates and times,as it deems necessary.
Any interested party shall be advised of the dates,times,and places of any continu-
ation of these or continued public hearings shall be announced during the hearing
and no further notices regarding these matters will be published.You are advised
that any person who desires to appeal any decision made at the public hearings will
need a record of the proceedings and for this purpose may need to ensure that a ver-
batim record of the proceedings is made which includes the testimony and evidence
upon which the appeal is based. In accordance with the Americans with Disabilities
Act,persons 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.
January 5,2017 17-00045W
COPY OF ADVERTISEMENT
Date Published and Media Name
r4B The West Orange Times Thursday,January 5,2017
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
INNOVATION MONTESSORI SCHOOL
PRELIMINARY SITE PLAN
CASE NUMBER:IS-2016-009
NOTICE IS HEREBY GIVEN,pursuant to Article IV Section 4-3A.(3)(b)of the
City of Ocoee Land Development Code,that on TUESDAY,JANUARY 17,2017,
AT 7:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150
North Lakeshore Drive,Ocoee,Florida,to consider the Preliminary Site Plan for
a property(the"Property")consisting of three parcels of land identified as parcel
numbers 07-22-28-0000-00-054, 07-22-28-0000-00-101, and 07-22-28-0000-
00-079.The subject property is approximately 17.6 acres in size and is generally
located at 1610 N.Lakewood Avenue.The proposed use is for a Montessori School
with grades VPK-8th grade and up to 800 students.
Interested parties may appear at the public hearing and be beard with respect to
the proposed action.The complete case file,including a complete legal description
by metes and bounds,may be inspected at the Ocoee Planning Department located
at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and
5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City Commis-
sion may continue the public hearing to other dates and times,as it deems necessary.
Any interested party shall be advised of the dates,times,and places of any continu-
ation of these or continued public hearings shall be announced during the hearing
and no further notices regarding these matters will be published.You are advised
that any person who desires to appeal any decision made at the public hearings will
need a record of the proceedings and for this purpose may need to ensure that a ver-
batim record of the proceedings is made which includes the testimony and evidence
upon which the appeal is based_In accordance with the Americans with Disabilities
Act,persons 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.
January 5,2017 17-00044W
COPY OF ADVERTISEMENT
Date Published and Media Name
IWest Orange Times The West Orange Times Thursday,January 12,2017
Advertisement or Article
SECOND INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
INNOVATION MONTESSORI SCHOOL
ANNEXATION
CASE NUMBER:AX-10-16-59
NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1)of the City of Pursuant to Subsection 5-9 B.of the Land Development Code,the Planning Di-
Ocoee Land Development Code,that on TUESDAY,JANUARY 17,2017 AT 7:15 rector has determined that the requested annexation is within the Ocoee-Orange
P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County
hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North JPA Land Use Map and the Ocoee Comprehensive Plan.If the applicant's request
Lakeshore Drive,Ocoee,Florida,to consider the annexation of a property(the for annexation is approved,the annexation would incorporate the property into the
"Property")consisting of three parcels of land identified as parcel numbers 07-22- City of Ocoee.
28-0000-00-054,07-22-28-0000-00-101,and 07-22-28-0000-00-079.The sub- Interested parties may appear at the public hearing and be heard with respect to
ject property is approximately 17.6 acres in size and is generally located at 1610 N. the proposed annexation.The complete case file,including a complete legal descrip-
Lakewood Avenue.The proposed use is for a Montessori School with grades VPK- lion by metes and bounds,may be inspected at the Ocoee Planning Department
8th grade and up to 800 students. located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00
, ORDINANCE NO.2017-001 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA;ANNEXING Commission may continue the public hearing to other dates and times,as it deems
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA, necessary. Any interested party shall be advised of the dates,times,and places of
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-17.6 any continuation of these or continued public hearings shall be announced during
ACRES LOCATED ON THE WEST SIDE OF NORTH LAKEWOOD AV- the hearing and no further notices regarding these matters will be published.You are
ENUE AND SOUTH OF FULLERS CROSS ROAD,PURSUANT TO THE advised that any person who desires to appeal any decision made at the public hear-
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FIND- lugs will need a record of the proceedings and for this purpose may need to ensure
ING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE that a verbatim record of the proceedings is made which includes the testimony and
COMPREHENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT evidence upon which the appeal is based. In accordance with the Americans with
PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHO- Disabilities Act,persons needing a special accommodation or an interpreter to par-
RIZING THE UPDATING OF OFFICIAL CITY MAPS;PROVIDING DI- ticipate in this proceeding should contact the City Clerk's Office 48 hours in advance
RECTION TO THE CITY CLERK;PROVIDING FOR SEVERABILITY; of the meeting at(407)905-3105.
REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN January 5,12,2017 17-00042W
EFFECTIVE DATE.
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ORDINANCE NO. 2017-001
(Annexation for Montessori School)
TAX PARCEL ID: 07-22-28-0000-00-101
07-22-28-0000-00-054
07-22-28-0000-00-079
CASE NO. AX-10-16-59: Montessori School
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY +/-17.6 ACRES LOCATED ON THE WEST SIDE OF
NORTH LAKEWOOD AVENUE AND SOUTH OF FULLERS CROSS
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 +/- 17.6 acres of property, as more particularly described in Exhibit "A"
attached 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 Land Development Code of the City of Ocoee (the "Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which has from time to time been amended by Orange
County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the
real property hereinafter described; and
WHEREAS, on December 13, 2016, the Planning and Zoning Commission of the
City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the
Ocoee Comprehensive Plan, compliant with all applicable requirements of the Code, consistent
with the JPA Agreement, and in the best interest of the City of Ocoee, and recommended the
Ocoee City Commission approve said annexation; 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 C-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. 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 6. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
Section 7. 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 8. 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 9. 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 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective 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 for Orange County, Florida, the Chief
Administrative Officer of Orange County, Florida, and with the Florida Department of State
within seven(7) days from the effective date.
PASSED AND ADOPTED this day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME ,2017
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY , 2017, UNDER AGENDA
THE CITY OF OCOEE, FLORIDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
,2017
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Legal Description
LEGAL DESCRIPTION: AS WRITTEN BY THE SURVEYOR
A PORTION OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S 00°11'47" E ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 598.64 FEET TO
A POINT LYING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID EAST LINE
RUN S 89°48'13" W ALONG SAID NORTH LINE A DISTANCE OF 30.00 FEET TO A
POINT LYING ON THE WEST RIGHT OF WAY LINE OF N LAKEWOOD AVENUE, SAID
POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE
RUN S 00°1147" E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 599.09
FEET TO A POINT LYING ON THE SOUTH LINE OF THE SOUTH 330.00 FEET OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7, ALSO BEING THE
SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 7; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE RUN S
88°23'56" W ALONG SAID SOUTH LINES, A DISTANCE OF 1,265.70 FEET TO A POINT
LYING ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 7; THENCE DEPARTING SAID SOUTH LINES RUN N 00°29'53" E
ALONG SAID WEST LINE A DISTANCE OF 615.20 FEET TO A POINT LYING ON THE
AFORESAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 7; THENCE RUN N 89°07'20" E ALONG SAID
NORTH LINE A DISTANCE OF 1257.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 765,853 SQUARE FEET OR 17.58 ACRES MORE OR LESS.
EXHIBIT "B"
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ORDINANCE NO. 2017-002
(Rezoning Ordinance for Montessori School)
TAX PARCEL ID: 07-22-28-0000-00-101
07-22-28-0000-00-054
07-22-28-0000-00-079
CASE NO. RZ-16-10-05: Montessori School
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO
OCOEE A-1 (GENERAL AGRICULTURE) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY +/-17.6 ACRES
LOCATED ON THE WEST SIDE OF NORTH LAKEWOOD AVENUE
AND SOUTH OF FULLERS CROSS ROAD, 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/-17.6 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-1 to Ocoee A-1 (general agriculture);
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 City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No.
91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); 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 December 13, 2016, 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 find that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on January 17, 2017, 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 +/-17.6 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 to Ocoee A-1 (general agriculture). A map of said land herein described which clearly
shows the area of the 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.
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 become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2017.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,
READ FIRST TIME , 2017.
READ SECOND TIME AND ADOPTED
, 2017.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2017.
SHUFFIELD LOWMAN & WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
(The "Property")
LEGAL DESCRIPTION: AS WRITTEN BY THE SURVEYOR
A PORTION OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE
28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S 00°11'47" E ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 598.64
FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING
SAID EAST LINE RUN S 89°48'13" W ALONG SAID NORTH LINE A DISTANCE OF 30.00
FEET TO A POINT LYING ON THE WEST RIGHT OF WAY LINE OF N LAKEWOOD
AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING
SAID NORTH LINE RUN S 00°11'47" E ALONG SAID WEST RIGHT OF WAY LINE A
DISTANCE OF 599.09 FEET TO A POINT LYING ON THE SOUTH LINE OF THE SOUTH
330.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7,
ALSO BEING THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID WEST RIGHT OF
WAY LINE RUN S 88°23'56" W ALONG SAID SOUTH LINES, A DISTANCE OF 1,265.70
FEET TO A POINT LYING ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID SOUTH LINES RUN
N 00°29'53" E ALONG SAID WEST LINE A DISTANCE OF 615.20 FEET TO A POINT
LYING ON THE AFORESAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7; THENCE RUN N 89°07'20" E ALONG
SAID NORTH LINE A DISTANCE OF 1257.95 FEET TO THE POINT OF BEGINNING.
CONTAINING 765,853 SQUARE FEET OR 17.58 ACRES MORE OR LESS.
EXHIBIT "B"
Location Map
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Scott A.Cookson,Esq.
SHUFIELD,LOWMAN&WILSON,P.A.
1000 Legion Place,Suite 1700
Orlando,FL 32801
RETURN TO:
Melanie Sibbitt,City Clerk For Recording Purposes Only
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
ANNEXATION AND DEVELOPMENT AGREEMENT
MONTESSORI SCHOOL
THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is made
and entered into as of the day of , 20 by and between by JOSE PERCY,
whose address is 1610 North Lakewood Avenue, Ocoee, Florida 34761 (together with his successors and
assigns, hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal
corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, (hereinafter
referred to as the "City").
WHEREAS, Owner owns fee simple title to certain lands located in Orange County, Florida,
and adjacent to the corporate limits of the City of Ocoee, Florida, said lands being more particularly
described in Exhibit"A" attached hereto and by this reference made a part hereof(hereinafter referred
to as the "Property"); and
WHEREAS, pursuant to Section 171.044, Florida Statutes, 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 Owner execute this Agreement as a condition precedent
to the consideration of the Petition by the Ocoee City Commission; and
WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the
proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and
to represent a minimal fiscal and level of service impact on the City; and
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 determined that, subject to the terms, conditions and limitations
hereinafter set forth, it is feasible to extend certain 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, pursuant to the petition of Owner, on , 201_, the Ocoee City Commission
approved Ordinance No. rezoning the Property as "A-1" under the Ocoee Land Development
Code; and
WHEREAS, the provisions of Section 4-10 of Article IV of the Ocoee Land Development Code
require that Owner and the City enter into a development agreement incorporating all plans and
conditions of approval by reference; and
WHEREAS, Owner and the City desire to execute this Agreement in order to fully comply with
the provisions of the Ocoee Land Development Code.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, 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 incorporated herein by this
reference.
Section 2. Sale of Property. The Owner as of the Effective Date represents to City that
there is currently a contract for sale of the Property. In the event the Owner as of the Effective Date
conveys the Property to a third party, the date of the conveyance for purposes of this Agreement shall be
the "Property Conveyance Date". Following the Property Conveyance Date, purchaser under the
contract for sale shall become the Owner of the Property, shall provide written notice to the City of the
name and address of the Owner of the Property, and shall assume all responsibilities of Owner under this
Agreement.
Section 3. Annexation of the Property. Prior to the execution of this Agreement by the
City, the Ocoee City Commission has adopted Ordinance No. for Case No. AX-10-16-59
thereby redefining the corporate territorial limits of the City to include the Property (the "Annexation
Ordinance").
Section 4. Development Approvals. Nothing herein will be construed to grant or waive on
behalf of the City any development approvals that may be required in connection with the Final Plan or
the Owner's development of the Property. Notwithstanding this Agreement, the Owner must comply
with all applicable procedures and standards relating to the development of the Property.
Section 5. Development of the Property.
A. Owner hereby agrees to develop the Property in accordance with that
certain Preliminary Site Plan for the Property, date stamped as received by the City on
(hereinafter referred to as the "Site Plan"), with such changes thereto as may be agreed upon in the
approval of a Final Site Plan for the Property. The Site Plan is hereby incorporated herein by reference
as if fully set forth herein.
B. The use of the Property, in accordance with the Site Plan, is for the
operation of a school.
C. Owner hereby agrees that the Property shall be developed in accordance
with and is made subject to those certain Conditions of Approval attached hereto as Exhibit"B" and by
this reference made a part hereof(the "Conditions of Approval"). Owner further agrees to comply with
all of the terms and provisions of the Conditions of Approval.
D. Except as otherwise expressly set forth in this Agreement and the Site Plan
it is agreed that (1) Owner shall comply with the zoning and subdivision regulations of the City as set
forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all
preliminary site plans and final site plans for the Property or any portion thereof shall conform to the
Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the
event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time
to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control.
E. Utility Improvements.
1. Owner shall install approximately 1690 feet of 6" PVC force main
in the western right-of-way of North Lakewood Avenue, from Wurst Road to the
connection point with the Owner's planned minor lift station on the Property.
Owner shall submit any changes in force main location to the City for approval.
Upon completion of such installation,the City will pay the difference in cost to
Owner resulting from the City's requested 6"pipe rather than Owner's intended
4"pipe.
2. Owner shall construct a lift station in accordance with the City's
Minor Lift Station City Detail and specifications. Owner will convey to City by
deed the lift station prior to the City issuing a Certificate of Completion for the
Project.
3. The Owner shall coordinate with the City in installation of its
work.
Section 6. Annexation Contribution. In order to render minor to the City the fiscal impacts
of the successful annexation of the Property, the Owner agrees to pay to the City the sum of
$150,000.00, which amount shall be paid not later than the first business day after Owner has been
advised by the City of the approval of the Final Site Plan for the Property. Failure by Owner to comply
with this provision is deemed to be grounds for the withholding of development permits for the Property.
Contemporaneous with the execution of this Agreement, the Owner shall submit to the City a signed
attorney opinion letter in form and substance reasonably approved by the City opining that the payment
obligations set forth above is a legally binding and enforceable obligations on the Owner.
Section 7. Notice. Any notice delivered with respect to this Agreement shall be in writing
and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other
party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United
States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address
appearing on the first page of this Agreement, or such other person or address as the party shall have
specified by written notice to the other party delivered in accordance herewith.
Section 8. Covenant Running with the Land. This Agreement shall run with the Property
and inure to and be for the benefit of the parties hereto and their respective successors and assigns and
any person, firm, corporation, or entity who may become the successor in interest to the Property or any
portion thereof
Section 9. Recordation of Agreement. The parties hereto agree that an executed original of
this Agreement shall be recorded by the City, at Owner's expense, in the Public Records of Orange
County, Florida. The City will, from time to time upon request of Owner, execute and deliver letters
affirming the status of this Agreement.
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. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 12. Agreement; Amendment. This Agreement constitutes the entire agreement
between the parties, and supersedes all previous discussions, understandings and agreements, with
respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement
shall be made by the parties only in writing by formal amendment.
Section 13. Further Documentation. 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.
Section 14. Specific Performance. Both the City and Owner shall have the right to enforce
the terms and conditions of this Agreement by an action for specific performance.
Section 15. Attorneys' Fees. In the event that either party finds it necessary to commence an
action against the other party to enforce any provision of this Agreement or because of a breach by the
other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its
reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial
and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings
are commenced or whether or not such action is prosecuted to judgment.
Section 16. Counterparts. 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.
Section 17. Captions. Captions of the Sections and Subsections of this Agreement are for
convenience and reference only, and the words contained therein shall in no way be held to explain,
modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this
Agreement.
Section 18. Severability. If any 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.
Section 19. Effective Date. The Effective Date of this Agreement shall be the date when the
City signs the Agreement.
SIGNATURES TO FOLLOW
IN WITNESS WHEREOF, Owner and the City have caused this instrument to be executed by
their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the OWNER:
presence of
By:
Print Name JOSE PERCY
Print 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 JOSE PERCY, who [ 1 is personally known to me or
1 1 produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this day of
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
CITY:
Signed,sealed and delivered in the
presence of: CITY OF OCOEE,FLORIDA
By:
Rusty Johnson, Mayor
Print Name:
Attest:
Melanie Sibbitt,City Clerk
(SEAL)
Print Name:
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE,FLORIDA. Approved as to COMMISSION AT A MEETING HELD ON
form and legality this day of DAY OF
, UNDER AGENDA ITEM NO.
SHUFFIELD,LOWMAN&WILSON,P.A.
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 and County
aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON and MELANIE SIBBITT,
personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE,FLORIDA and
that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day of
Signature of Notary
Name of Notary(Typed, Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
EXHIBIT "A"
THE PROPERTY
LEGAL DESCRIPTION: AS WRITTEN BY THE SURVEYOR
A PORTION OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S 00°11'47" E ALONG THE EAST LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 7, A DISTANCE OF 598.64 FEET TO A POINT LYING
ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 7; THENCE DEPARTING SAID EAST LINE RUN S 89°48'13" W ALONG
SAID NORTH LINE A DISTANCE OF 30.00 FEET TO A POINT LYING ON THE WEST RIGHT OF
WAY LINE OF N LAKEWOOD AVENUE, SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID NORTH LINE RUN S 00°11'47" E ALONG SAID WEST RIGHT OF
WAY LINE A DISTANCE OF 599.09 FEET TO A POINT LYING ON THE SOUTH LINE OF THE
SOUTH 330.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 7,
ALSO BEING THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 7; THENCE DEPARTING SAID WEST RIGHT OF WAY
LINE RUN S 88°23'56" W ALONG SAID SOUTH LINES, A DISTANCE OF 1,265.70 FEET TO A
POINT LYING ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 7; THENCE DEPARTING SAID SOUTH LINES RUN N 00°29'53" E ALONG SAID
WEST LINE A DISTANCE OF 615.20 FEET TO A POINT LYING ON THE AFORESAID NORTH
LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 7; THENCE RUN N 89°07'20" E ALONG SAID NORTH LINE A DISTANCE OF 1257.95
FEET TO THE POINT OF BEGINNING.
CONTAINING 765,853 SQUARE FEET OR 17.58 ACRES MORE OR LESS.
EXHIBIT "B"
CONDITIONS OF APPROVAL
Section A. General
1. The City of Ocoee, Florida (the "City") is subject to the terms, provisions and restrictions of
Florida Statutes, Chapter 163, concerning moratoria on the issuance of building permits under
certain circumstances. The City has no lawful authority to exempt any private entity or itself from
the application of such state legislation and nothing herein shall be construed as such an
exemption.
2. This project shall be developed in () phases.
3. Each phase of the project will stand on its own with respect to public services (sewer, water,
stormwater management, access and other related services).
4. Except as specifically noted on this plan, development of the property shall be consistent with the
requirements of the City of Ocoee Code of Ordinances (the "Code"), which Code includes
Chapter 180, the City of Ocoee Land Development Code (the "Land Development Code").
5. Nothing herein shall be construed to waive any provision of the Land Development Code except
to the extent expressly set forth on a waiver table or explicitly set out on the plan.
6. Any damage caused to any public streets as a result of the construction activities related to the
project shall be promptly repaired by the Owner to the applicable governmental standards at the
Owner's sole cost and expense.
7. There shall be no access from the property to any public streets except at the approved locations
shown on the approved Final Subdivision Plan/Final Site Plan.
8. All existing structures (including buildings, power lines, existing aerial and utility facilities) will
be removed and/or terminated prior to or during construction of the development replacing those
uses.
9. Development of this property is subject to that certain Development
Agreement dated as recorded in Official Records Book , Page , Public
Records of Orange County, Florida.
10. All legal instruments including, but not limited to (i) declarations of covenants, easements and
restrictions for the property; (ii) articles of incorporation and bylaws of the property owners'
association (the "Association"); and (iii) warranty deeds, easements and bill of sale documents to
the Association, the City, the County and/or the St. Johns River Water Management District
("SJRWMD") shall be provided to the City for review and approval prior to platting all or a
portion of the property.
11. Parking for individual lots shall be provided in accordance with the Land Development Code.
12. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
13. The Owner of each tract shall be responsible for installing reuse lines along with the other
subdivision infrastructure. At such time as reuse water is available to the property, the Owner
shall be responsible for connection to the reuse system lines.
14. Pursuant to the Land Development Code, all subdivision signage must be consistent with the
legally assigned name of the subdivision. Any subsequent change to the name of the subdivision
must be approved by the City Commission of the City.
15. To the extent the Land Use Plan and these Conditions of Approval conflict with the Land
Development Code, the provisions of the land Use Plan and these Conditions of Approval shall
control.
16. [If to City] To the extent any lift stations are required on the property they will be conveyed to
the City at the time of platting. All such lift stations shall be designed in accordance with the
City of Ocoee Engineering Standards Manual.
[If to County] To the extent any lift stations are required on the property they will be conveyed
to the County at the time of platting. Lift station facilities shall be designed to accommodate a
master pumping station consistent with the County's utility master plans. All such lift stations
shall be fenced with black, vinyl chain-link fence, with posts and rails painted black, and shall be
set back no less than 25' from any street. Such lift stations shall also be screened with hedge-type
shrubbery, such as viburnum or ligustrum.
Section B. Trees
1. Existing trees eight feet (8') or larger (other than citrus trees or "trash" trees) located
along proposed locations of buffer walls or road right-of-way lines will be preserved if at all
possible; the buffer walls and roads will be designed around those trees to incorporate them into
required landscape buffers and as street trees
2. The existing grades on individual lots containing protected trees will be maintained as
much as possible to preserve existing protected trees. For lots or tracts containing protected
trees, there will be no grading or other construction on the same except as specified in the
approved Final Subdivision Plan/Final Site Plan, until building permits are issued for those
lots/tracts.
3. Removal of existing protected trees will be limited to clearing road right-of-way and
retention areas as detailed in the Final Subdivision Plan/Final Site Plan. All existing protected
trees on individual lots and tracts will be evaluated at the time of site plan review for that lot or
tract, to determine whether or not each tree needs to be removed.
4. In order to ensure that as many existing trees as possible will be preserved, all road rights-
of-way and retention areas will be flagged for review by the City prior to any tree removal. No
clearing permits will be issued for site work or building construction until the trees to be
preserved have been clearly marked with tree protection barriers.
5. No person shall undertake land clearing or the removal of any protected trees without first
obtaining a permit from the Building Department. The removal of protected trees shall be
minimized to the maximum extent possible and no authorization shall be granted to remove a
tree if the Owner has failed to take reasonable measures to preserve the trees on site.
6. The final grading plan will preserve existing grades on individual lots and tracts
containing protected trees as much as possible.
7. All landscape areas will be irrigated and have an automatic rain sensor.
Section C. Easements/Utilities
1. All cross access, utility and drainage easements shall be provided prior to or at the time of
platting.
2. All utilities to be placed within the ten foot (10') easement along the front of each lot will
be placed around existing protected trees to be preserved.
3. All utilities including electrical, cable, TV, and telephone and including on-site existing
overhead wires shall be placed underground.
4. Unless otherwise noted, there shall be a ten foot (10') utility, drainage and sidewalk
easement adjacent to the street right-of-ways. Sidewalks will only be placed in this easement if
necessary to run them around existing protected trees to be preserved.
5. Final easement dimensions will be shown on the Final Subdivision Plan/Final Site Plan
and will be sized to meet City requirements.
6. A perpetual, non-exclusive access easement over all internal roadways and other paved
areas is hereby granted in favor of the City and other applicable authorities for law enforcement,
fire and other emergency services. The City may require that the owner execute an easement in
recordable form with respect to the foregoing.
7. An emergency access easement to the retention ponds and over all drainage easements
shown hereon is hereby granted to the City for emergency maintenance purposes. The
emergency access easement will not impose any obligation, burden, responsibility of liability
upon the City to enter upon the property it does not own or take any action to repair or maintain
the drainage system on the property.
Section D. Association
1. Intentionally deleted.
Section E. Streets
1. Intentionally deleted.
Section F. Stormwater Management System
1. All retention ponds will be unfenced with maximum 5:1 side slopes into the pond.
2. The development of this project will incorporate the stormwater needs of all public roads
within the project.
3. All building setbacks from all retention areas shall be fifteen feet (15') feet from the top
of the bank.
4. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets,
manholes, structures and retention ponds, will be owned, operated and maintained by the Owner.
5. Notwithstanding the conveyance of the retention ponds to the Owner or any provision to
the contrary contained in these Conditions of Approval, the Owner shall remain responsible for
the maintenance of the SWMS, including all retention ponds, until such time as:
i. the entire SWMS for the project is constructed and the appropriate Certificate of
Completion is issued by both the City and the SJRWMD;
ii. the retention ponds intended to be conveyed to the Owner have in fact been
conveyed to the Owner;
iii. the Owner is designated as the maintenance entity on the records of the SJRWMD
and all transfer records required by the SJRWMD have been executed and accepted by
SJRWMD;
iv. the City has been provided with a copy of the Owner's proposed maintenance plan
with respect to the SWMS; and
v. the City has been provided with a written statement from the Owner
acknowledging receipt of the Owner's proposed maintenance plan with respect to the SWMS and
that the Owner is responsible for the maintenance of the SWMS.
6. All common area improvements including entry features, walls, landscaping and
sidewalks along all roads, as well as landscaping around the retention pond tracts and any lift
station tract shall be completed prior to issuance of the Certificate of Completion for those
corresponding phases.
Section G. Wetlands/100 Year Flood Plain
1. All finished floor elevations will exceed the 100-year flood plain by a minimum of two
feet (2').
2. The Owner shall comply with all requirements of the City and other governmental entities
with jurisdiction to protect the wetlands being preserved and to prevent any disturbance, siltation,
or other construction below the natural wetland lines. Further, the areas below the natural
wetland lines shall be fenced off(and silt fences shall be installed) during construction activities
immediately adjacent to the wetlands, in order to minimize disturbances of the wetlands during
construction.
3. Wetland and existing surface water impact for this property is regulated by SJRWMD and
the Florida Department of Environmental Protection. General or individual permits are required
from these agencies prior to commencement of construction.
4. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for
the property, the Owner will map the jurisdictional wetland line on the site and establish a
twenty-five foot (25') upland buffer from that line. Depending on the results, the City may also
require a Conservation and Drainage Easement over any wetlands or adjoining conservation area
The usable area of the site will be reduced by this acreage and all development criteria will be
reduced proportionately. Prior to or at the time of development of any portion of the property, if
a Conservation and Drainage Easement is required, the Owner shall convey to the City the
Conservation and Drainage Easement, the form of which shall be approved by the City prior to
the conveyance.
Section H. Commercial Projects
Intentionally deleted.
Section I. Single-Family Residential Projects
Intentionally deleted.
Section J. Townhome Projects
Intentionally deleted.
Section K. Wekiva Study Area
1. For development or redevelopment of property located outside the Ocoee Community
Redevelopment Area(CRA) but within the Wekiva Study Area("WSA") Boundary, and with the
exception of a single-family home on an existing lot, those portions of properties that contain at
least one (1) of the three (3) following resources: (i) most effective recharge areas, (ii) karst
features, or (iii) sensitive natural habitats including Long Leaf Pine, Sand Hill, Xeric Oak Scrub,
or Sand Pine Scrub vegetative communities, are be subject to a minimum thirty-five percent
(35%) Wekiva Open Space requirement.
2. Open Space required to be preserved within the WSA boundary is defined as: any portion
of a parcel or area of land that remains undeveloped, or minimally developed, such as trails and
boardwalks as part of a natural resource preserve or recreation area, stormwater retention areas
that follow Best Management Practices (BMPs), upland buffer retention swales (per policy
7.7.3), naturally vegetated areas, and tracts for pedestrian connections. Such designated open
space excludes waterbodies, lots, street rights of way, parking lots, impervious surfaces and
active recreation areas including golf courses. All Wekiva Open Space Areas shall be restricted
to prohibit use of fertilizer and chemical applications, but may permit mechanical methods for
routine maintenance. Rule 9J-5.003(84), F.A.C. [Wekiva Parkway and Protection Act (WPPA):
Ch. 369.321(3), F.S.]
3. Naturally vegetated swales are required to be placed within the upland buffers
surrounding lakes or wetlands. The purpose of these swales is to improve the water quality of
the stormwater runoff and ensure that the swale fills and exfiltrates into the soil so that there is
no sheet flow into the lake or wetland. This method of water quality improvement shall mimic
the absorption and pollutant removal abilities of a natural low spot in the topography and must
follow accepted Best Management Practices (BMPs). Stormwater runoff from developed lands
adjoining wetlands, lakes and/or floodplain areas shall be diverted towards swales, hold the
runoff, and then allow it to slowly release into the soil column. [Wekiva Parkway and Protection
Act(WPPA): Ch. 369.321(3), F.S.]
Section L. West Orange Trail
1. A Public Trail Tract as depicted on the plan shall be dedicated to the City at the time of
platting for connection through the property to the West Orange Trail.
Seaver, Sherry
Subject: FW: P&Z Consideration of Capital Improvements Element
From: Greg Keethler [mailto:gkeethler(agmail.com]
Sent: Monday, December 12, 2016 10:58 AM
To: Frank, Robert; Shadrix, Craig
Cc: Rumer, Michael; Grogan, John
Subject: P&Z Consideration of Capital Improvements Element
Gentlemen,
As a citizen of Ocoee, a resident of the Northern end of District 1, and a member of the Ocoee Planning and
Zoning(P&Z) Commission, I am concerned about the subject Element which I received as part of the agenda
package for tomorrow's P&Z meeting. I am particular concerned about the intersection of Fullers Cross Road
and Ocoee Apopka Road.
As a member of the P&Z commission, I recall that every single development proposal that has come before
the P&Z during my tenure involving a development North of this intersection has been accompanied by a traffic
study that says this intersection needs enhancement--namely, that left turn lanes need to be installed in all
directions. This was true for the new charter school, the Arbors apartment complex, and virtually every housing
development in the North end of town, which collectively encompass almost 2000 housing units (nearly 100%
of ALL projected housing development in Ocoee). The budget for this project in the Element is $75,000 for
design and $675,000 for construction, with design scheduled for 2018 and construction in 2019. Of note is that
this project has previously been budgeted to begin in earlier years, but it seems that every budget cycle, it gets
pushed out another year. Also of note is the fact that this is the ONLY four-way intersection along the entire
course of Maguire/Ocoee Apopka Road within the confines of Ocoee which does not have left turn
lanes. Moreover, the Element shows that a Fire Station--which is designated to be located immediately North
of this intersection--is funded in the Element for 2017--fully two years before construction is scheduled for
enhancements at the nearby intersection. Also of note is that $250,000 of the cost of this project has already
been collected from the developer of the adjacent Chevron property. A final notable fact is that of the 62
projects listed in the element totaling over$164 million, only two appear to be located in the corridor
encompassing this intersection and areas North, with a combined value of$2.32 million--less than 1.5%of the
Capital Program represented in the Element and clearly out of proportion to the tax and economic impact of the
area.
The admonitions in all the traffic studies have proven to be prescient--the steady growth in the North end has
already exceeded the capacity of this intersection as it currently exists. Since the opening of the charter school,
it is not unusual for southbound traffic on Ocoee Apopka Road at around 8 AM to back up from this
intersection all the way to West Road and affect traffic at that intersection. During rush hour in the evening, it
is not unusual for eastbound traffic on Fullers Cross to back up past the 429 overpass. The reason for these
backups is straight forward--anyone who wants to turn left in any direction at this intersection blocks all the
traffic behind them until the turn can be executed. Obviously, during high traffic periods, it takes considerable
time for opposing traffic to clear the intersection so that a left turn can be safely executed, leaving little time for
through traffic behind the turning vehicle to make it through the intersection. Long waits at the light are not the
only issue--naturally, left turners can become impatient in waiting for traffic to clear in the opposite direction
(especially after waiting in line for so long), making them more prone to take chances they shouldn't. Both
turners and through vehicles will be tempted to run the light instead of waiting through yet another cycle of the
light. Something along these lines happened last Thursday during rush hour, when a major accident occurred at
the intersection and made the backups far worse. This is only a harbinger of things to come as all the
1
development plans in the North end of town play out in the next few years because Ocoee Apopka Road is
arguably THE major artery for residents in this area to move South, unless they want to take the toll road. In
fact, in the very near future, we can expect further degradation in the throughput of this intersection as the
Arbors apartment complex opens. Decreasing throughput in this intersection is also worrisome because it will
affect the ability of residents of the North end of Ocoee to access the new Downtown and other improvements
in the Element. If this intersection continues to become more of a choke point,North enders WILL simply
throw in the towel and take the toll road, bypassing Ocoee for more easily accessible destinations such as
Winter Garden Village, Apopka, and areas of Orlando reachable via the turnpike and the 408. Nobody wants to
waste their time in traffic jams.
I note that there seem to be plenty of opportunities to fund both design and construction of this project. For
example, in 2017 alone, there's a$60,000 design project for Marshall Farms Road with no construction funded
for the subsequent four years. There's $60,000 designated for some resurfacing and striping on Delaware, 7th
Street, and Lakewood Avenue. There's $75,000 for some road striping on various streets. Are all these projects
more important than the Fuller's Cross/Ocoee Apopka Road intersection? What is the basis for these
decisions? There's $800,000 in 2018 to extend Old Winter Garden Road West to Economic Court--more than
enough money for construction at the Fullers Cross/Ocoee intersection. Is extending Old Winter Garden Road
more important than safety at this intersection and access for North-Enders to the rest of Ocoee? Who, exactly,
is going to benefit by the extension of Old Winter Garden Road to Economic Court--do they outnumber the
residents of far-North Ocoee? Will changing the timing of these projects by a year or two have consequences
on par with leaving the subject intersection as is?
The North End is where the growth is and is projected to come to Ocoee, both in terms of residents and
property taxes. It hardly seems justifiable for less than 1.5% of the capital improvements in Ocoee for the next
five years to go toward projects in this end of town. It makes little sense to build a fire station a few hundred
yards from an intersection that is going to rapidly become more and more clogged unless it is improved,
particularly in light of the fact that the city already has a quarter of a million dollars on hand to fund the
intersection project. And, sooner or later, given the dangers presented by the lack of left turn lanes at that
intersection in the absence of such improvements, people are undoubtedly going to be seriously injured or even
lose their lives in accidents there.
I've discussed this matter with Mr. Rumer. One of the factors he brought up affecting the delay in pursuing
this intersection improvement is that from a construction standpoint, the path of least resistance for the city is to
have the construction contractor for the nearby Chevron development do the work, but given the pending (or
perhaps already accomplished) sale of this property, there's not likely to be any construction activity there for
quite some time. Surely this approach would be more convenient for the City, but does such convenience
justify delaying this project in light of all of these issues? I have also expressed my concern about this
intersection, as a citizen, to Mr. Grogan,the City Commissioner for District 1.
I intend to raise this matter at the P&Z meeting tomorrow evening. Accordingly, I request that a copy of this
correspondence be provided to members of the P&Z Commission at that meeting. Of course, any information
relevant to this issue that you would like to provide before then will be much appreciated.
Very Respectfully,
Greg Keethler
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