HomeMy WebLinkAboutItem 12 First Reading of Ordinance for Martinez-Perez Property at 128 1st Street – Annexation & Rezoning; Project No(s): AX-06-21-21 & RZ-21-06-25SIN %
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AGENDA ITEM COVER SHEET
Meeting Date: August 3, 2021
Item #: �a
Reviewed By-
Contact Name: Gregory Hines, Planner I Department Director: Michael Ru
Contact Number: 407-554-7086 City Manager: Robert Fr
Subject: 128 1st Street — Martinez -Perez Property
Annexation and Rezoning
Project No(s): AX-06-21-21 & RZ-21-06-25
Commission District #2 — Rosemary Wilsen
Background Summary:
General Location: The property is generally located on the west side of 1st Street and is approximately
1,124 feet south of E. Silver Star Road.
Parcel Identification Number(s): 17-22-28-0000-00-069
Property Size: +/- 1.02 acres
Actual land use, proposed land use, and unique features of the subject property: The subject parcel has
one (1) existing single-family residence. The property is annexing into the City limits as agreed upon in
the Annexation Agreement for Water and Sewer Service, executed in 1996 with Mr. John Carpenter and
Mr. Lawrence Carpenter, the prior property owners. The annexation will eliminate an enclave since the
property is surrounded on all sides by the City of Ocoee city limits.
The future land use classification of the subject property is as follows:
CURRENT
PROPOSED
Jurisdiction/Future Land Use -Joint
Planning Area Land Use Classification
Orange County/Low Density Residential
(Up to 4 units/acre)
City of Ocoee/Low Density
Residential (Less than 4 units/acre)
The current future land use and zoning classifications of the surrounding properties are as follows:
DIRECTION:
CURRENT FUTURE LAND USE
CURRENT ZONING
North
City of Ocoee / Low -Density Residential
City of Ocoee / R-1
East
City of Ocoee / Low -Density Residential
City of Ocoee / PUD-LD
South
City of Ocoee / Low -Density Residential
City of Ocoee / R-1A
West
Orange County/ Low -Density Residential
Orange County / R-1AA
Consistent V with State & Local .Regullations:
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 is bordered
by property to the north, east, and south.
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 proposed JPA Agreement,
Rezoning: The parcel will receive an R-IIA (Single -Family Dwelling) zoning classification upon
annexation.
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...." [Emphasis added]. The rezoning is consistent with Future Land Use Element
Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent
with both the Future Land Use Map and the JPA Agreement."
Discussion:
Annexation Fe,asibil,ity & Public Facilities _Anal ysis Report (See attached): The property is Ilocated within
the Ocoee -Orange County JPA area and will be bordered by the City of Ocoee to the north, east, and
south. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder"
Agreement with Orange County.
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,
Issue:
Should the Honorable Mayor and City Commission approve the annexation and rezoning from Orange
County R-1 (Single Family Dwelling District) to City of Ocoee R-IIA (Single -Family Dwelling) of the
property identified as Parcel ID 17-22-28-0000-00-069?
Development Review Committee Recommendation:
On Tuesday, June 29, 2021, the DRC met to determine if the proposed annexation and rezoning were
consistent with the City's regulations and policies. The DRC voted unanimously to recommend approval
of the annexation and rezoning for the Martinez -Perez Property.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) met on, July 13, 2021,to review and discuss the proposed
Annexation and Rezoning. At the P & Z Commission public hearing, the current owners, Mr. and Mrs,.
Martinez, spoke in opposition to the proposed annexation. They explained that they were not aware of
the previous Annexation Agreement between the City and the Carpenters. Their concern was that if the
City wanted to annex their property, they wanted the City to improve and maintain the private road
4
leading to their house. The private road extends from the terminus of 1st Street to this property. They
questioned what benefits they would receive by annexing into the City.
The Development Services Director explained that the 1996 Annexation Agreement contains provisions
which state that:
1 ) At the time the City makes a determination that the Property meets the statutory requirements for
voluntary annexation under the provisions of Section 171.044, Florida Statutes, and upon the
request of the City, the owner shall execute all applications and documents required by the City,
pay all applicable fees, etc., and provide all documentation required by Florida Law necessary
for the voluntary annexation of the Property;
2) The agreement runs with the Property and shall bind, and inure to the benefit of, the parties and
their respective successors in title; and
3) Since the execution of the 1996 Annexation Agreement, the property owners have received and
benefited from City water service.
The Planning and Zoning Commission directed staff to see if anything could be done to resolve their
concerns about the, private road. Based on that directive, Development Services staff confirmed with
the Public Works Department and City Engineer that in order for the City to improve and maintain the
private road extending from 1 st Street right-of-way to this Property, each property owner along that route
would have to convey to the City sufficient property, via fee simple title, in order to create a 50-foot right-,
of -way so that the City can improve the road to City standards.
Following discussion, the Planning and Zoning Commission voted to recommend approval of the
Annexation and Rezoning for Parcel ID 17-22-28-0000-00-069.
Staff Recommendations:
Based on the above analysis and the subsequent DRC and the Planning and Zoning Commission
recommendations, staff recommends that the Honorable Mayor and City Commission approve the
ordinances for Annexation and Rezoning for the Martinez -Perez Property assigned Parcel ID 17-22-28-
0000-00-069.
Attachments:
Feasibility Report
Annexation Ordinance
Rezoning Ordinance
1996 Annexation Agreement
Location Map
Zoning Map
Future Land Use Map
Aerial
Financial Impact:
None
Type of Item: (please mark with an 'V)
F-1 Public Hearing
For° Cleric's Dept,.Us
3
M Ordinance First Reading
D Ordinance Second Reading
❑ Resolution
❑ Commission Approval
D Discussion & Direction
El Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
❑ Consent Agenda
❑ Public Hearing
❑ Regular Agenda
a]
CITY OF OCOEE
4,
CASE NUMBER: AX-06-21-21 & RZ-21 -06-25
APPLICANT NAME: Jose Guillermo Martinez -Perez
PROJECT NAME: 128 18T STREET - MARTINEZ-PEREZ 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 Gre or Hines, Planner I
A. Applicant/Owner
� 1. Owner (if different from Applicant): Jose Guillermo Martinez -Perez
LE
Property Location
1.
General Location:
The property is generally located on the west side of 1st
Street and is approximately 112,4 feet south of E. Silver
Star Road.
Parcel Identification Number:
17-22-28-0000-00-069
-2.
3.
Street Addresses:
128 1 s' Street
4.
Size of Parcels:
1.02 acres
Use Characteristics
1.
Existing Use:
Single -Family Dwelling
Proposed use:
Single -Family Dwelling
-2.
3.
Density / Intensity:
N/A
4.
Projected Population:
N/A
D. Zoning and Land Use
1. Orange County Future Land Use:
Low Density Residential
2. Orange County Zoning:
R-1
3. Existing Ocoee Future Land Use:
Low Density Residential
4. Proposed Ocoee Zoning:
R-1A
E. consistency
1. Joint Planning Area:
Yes
2. Comprehensive Plan:
Yes
M
FU_
FIRE DEPARTMENT Shawn Sorenson, Fire Marshal
1. Estimated Response Time:
4 minutes
2. Distance to Property:
2 miles
3. Fire Flow Requirements:
NIA
POLICE DEPARTMENT Lt, Scott Nylander, Police
1. Police Patrol Zone / Grid / Area:
1 minute
2. Estimated Response Time:
Approx. 2 miles
3. Distance to Property:
Zone 1 / Grid 105
3. Average Travel Time
4 minutes
Page 1 of 3
Applicant blame: Jose Guillermo Martinez -Perez — 128 151 Street
Project Name: 128 1st Street — Martinez -Perez Property
Annexation & Rezoning
Case #: AX-06-21-21 & RZ,-21-06-25
=ECONOMIC VALUE
Gregory Hines, Manner I
1.
Property Appraiser Taxable Value:
$354,757
2.
Property Appraiser Just Value
$516,619
3.
Estimated City Ad Valorem Taxes:
$1i862.47
4.
Anticipated Licenses & Permits:
N/A
5.
Potential Impact Fees:
N/A
6.
Total Project Revenues:
NIA
I V. BUILDING DEPARTMENT Gregory Hines, Planner I I
1. Within the 100-vear Flood Plain: � No fFIRM Mara Number 12095CO220
V1. UTILITIES Jen Bolling, Engineering Maqpqer
A. Potable Water
1. In Ocoee Service Area:
Yes
2. City Capable of Serving; Area:
Potable Water
-3. Extension Needed:
No
4. Location and Size of
Nearest Water Main:
Existing City Service
I
3. Sanitary Sewer
1.
In Ocoee Service Area:
Yes
-2.
City Capable of Serving Area:
No
-3.
Extension Needed:
Yes
4.
Location and Size of
Nearest Force Main:
Six Inch Force on Silver, Star
-5.
Annexation Agreement Needed:
No
C. Other
1. Utility Easement Needed:
No
2. Private LiftStation Needed:
No
3. Well Protection Area Needed:
No
va
-TRANSPORTATION Gregory Hines, Planner I
1. Paved Access:
Yes
2. ROW Dedication:
No
3. Traffic Study:
No
4. Traffic Analysis Zone:
568
Page 2 of 3
Applicant Name: Jose Guillermo Martinez -Perez — 128 1-I2 Street
Project Name: 128 1-5t Street— Martinez -Perez Property
Annexation & Rezoning
Case #: AX-06-21-21 & RZ-21-06-25
111111.
PRELIMINARY CONCURRENCY
EVALUATION Gregory Hines, Planner I
At this time, adequate transportation capacity exists,
A.
Trarisportation:
At this time, adequate park/recreation capacity exists.
B.
Parks / Recreation:
At this time, adequate water/sewer capacity exists.
C.
Water /Sewer:
N/A
D.
Stormwater:
At this time, adequate solid waste capacity exists.
E.
Solid Waste:
N/A
F.
Impact Fees:
I IX. SITE SPECIFIC ISSUES All Departments
I X. CONSISTENCY WITH STATE REGULATIONS: Gregory Hines, 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
ORDINANCE NO. 2021-
(Annexation Ordinance for 128 1-11 Street — Martinez -Perez Property)
TAX PARCEL ID- 17-22-28-0000-00-069
CASE NO. AX-06-21-21: 128 V Street — Martinez -Perez Property Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORI"ORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 1.02
ACRES LOCATED ON THE 'NEST SIDE OF ls" STREET
APPROXIMATELY 1124 FEET SOUTH OF E. SILVER STAR 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;
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 +/- 1.02 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 July 13, 2021, 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, to comply with all applicable requirements of the Ocoee City Code, 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
THI' CITY OF OCOEE, FLORIDA, AS FOLLOWS.
Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article V'III of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section C-7 of Article I 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, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan, 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 laird herein described and amlexed.
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 fixture 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. SEVERABILI"T`V. 1f 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
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
day of 2021.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED AND
READ FIRST TIME )2021
READ SECOND TiME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF 2021
SHUFFIELD, LOW AN & WILSON, P.A.
0
City Attorney
2021, UNDER AGENDA
EXHIBIT "A"
LEGAL DESCRIPTION
THE sou'rH 160 FEET OF THE NORTHWEST 1/40F THE SOUTHEAST'/4 OF SECTION
17, TOWNSFIIP 22 SOUTH, RANGE 28 EAST, EAST OF LAKE, LESS THE EAST 185
FEETTHEREOF LYING AND BEING SITUATED IN ORANGE COUNTY, FLORIDA.
Exhibit
Location Map
-ram
a 7 �r r
...... _. '�-.
ORDINANCE NO. 2021-
(Rezoning Ordinance for 128 I't Street — Martinez -Perez Property)
TAX PARCEL ID; 17-22-28-0000-00-069
CASE NO. RZ-21-06-25: 128 P't Street — Martinez -Perez Property Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1,
"SINGLE FAMILY DWELLING DISTRICT" TO CITY OF OCOEE R-IA,
"SINGLE-FAMILY DWELLING" ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY +/- 1.02 ACRES LOCATED ON THE
WEST SIDE OF Is"' STREET APPROXIMATELY 1124 FEET SOUTH OF
E. SILVER STAR 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
1.02 acres, more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof, from "Orange County" R- I to "City of Ocoee"' R- I A; 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 July 13,2021, 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 August 17, 2021, the Ocoee City Commission held a de nova 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 Con-imission 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 +/- 1.02 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County"
R-1 to "City of Ocoee" R-lA. 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-I(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
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 2021,
SHUFFIELD LOWMAN & 'V'►'ILSON, P.A.
By:
City Attorney
2021
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor•
ADVERTISED 2021
READ FIRST TIME 2021.
READ SECOND TIME AND ADOPTED
52021,
EXHIBIT "A".
LEGAL DESCRIPTION
THE SOUTH 160 FEET OF THE NORTIIWEST /40F THE SOUTHEAST/40F SECTION
17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, EAST OF LAKE, LESS THE EAST 185
FEETTHEREOF. LYING AND BEING SITUATED IN ORANGE COUNTY, FLORIDA.
Exhibit B
Location Map
of rJ rW
",e j v, r.
THIS INSTRXJMENT PREPARED BY,
Paul E. Rosenthal, Esq.
FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Orlando, Florida 32801
AIM, R RECORDING RETURN TO:
Jean Grafton, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Tax Parcel Identification Number(s): 17-22-28-0000-00069
ANNEXATION AGREEMEN
[ WATER AND SEWER SERVICE I
Orange Co FL 5836679
11/08/96 01c15:55
9 a
OR Ilk ES I E52 Pg Z67
Rec 51.00
S ANNEXATION AGRE FAIENT (the "Agreement") is made and entered
into this �-7- day of )0t)r-jU8C-& , 1996, by and between the CITY OF
OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore
Drive, Ocoee, Florida 34761 (the "City") and JOHN A. CARPENTER and LAWRENCE P.
CARPENTER, whose mailing address is 128 South First Street, Ocoee, Florida 34761 (the
""Owner"")„
W I T N E $ tj LE 1: H:
WHEREAS, the Owner owns certain real property located at 128 South First
Street, Ocoee, Florida 34761, Tax Parcel Identification Number 17-22-28-0000-00069 as more,
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property"); and
WHEREAS, the Property is located within the City sewer and water territorial
areas as set forth in the Territorial Agreements (as defined below); and
WHEREAS, the Property is located within the Joint Planning Area as defined in
Joint Planning Area Agreement dated February 11, 1994 between the City and Orange County
as it may be amended from time to time (the "Joint Planning Area Agreement"), but the
Property does not currently meet the statutory requirements for voluntary annexation under the
provisions of Section 171.044, Florida Statutes; and
WHEREAS, the Owner of the Property has requested, and the City has agreed,
subject to the terms, conditions and limitations hereinafter set forth, that the City shall provide
sewer and water service to the Property; and
WHEREAS, in consideration of the City providing sewer and water service to
the Property, the Owner desires to voluntarily petition the City to armex the Property pursuant
OR Bk E515EZ Pg 3674
Orange Co FL 5BA679
to Section 171.044, Florida Statutes; provided, however, at this time the City cannot annex the
Property because the Property does not currently meet the statutory requirements for voluntary
annexation under the provisions of Section 171.044, Florida Statutes; and
WHEREAS, the parties acknowledge and agree that this Agreement constitutes
a petition for the voluntary annexation of the Property pursuant to Section 171.044, Florida
Statutes; and
WHEREAS, the Owner agrees that at the time the City makes a determination
that the Property meets the statutory requirements for voluntary annexation under the provisions
of Section 171.044, Florida Statutes, and upon the request of the City, the Owner shall execute
all applications and documents required by the City, pay all applicable fees, costs and expenses,
and provide all documentation required by Florida law, including, but not limited to, Section
171.044, Florida Statutes, necessary for the voluntary annexation of the Property,
NOW, THEREFORE, in consideration of the premises and the mutual promises
and agreements set forth herein and other good and valuable consideration the receipt of which
is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby
agree as follows:
SECTION 1. Recitals. The Recitals set forth above are true and correct and by
this reference are incorporated herein as part of this Agreement,
SECTION 2. Annexation.
A. The Owner and the City acknowledge and agree that this Agreement
constitutes a petition for the voluntary annexation of the Property pursuant to Section 171.044,
Florida Statutes. The Owner and the City further acknowledge and agree that the petition cannot
be processed at this time because the Property does not meet the statutory requirements for
voluntary annexation under the provisions of Section 171.044, Florida Statutes.
B. The City shall have the right, but not the obligation, to process the
petition; provided, however, that the petition shall not be processed by the City unless and until
a determination is made by the City, in its sole and absolute discretion, that the Property meets
the statutory requirements for voluntary annexation under the provisions of Section 171.044,
Florida Statutes, or such other provisions of the Florida Statutes as may then be applicable to
voluntary annexations. Following such determination by the City and upon the written request
of the City, the Owner shall within thirty (30) days of receipt of such written request from the
City (i) execute all applications and documents required by the City at the time of such request
in order to process the Owner's petition for voluntary annexation including, but not limited to,
the Application for Annexation and Initial Rezoning Consistent with the Ocoee Comprehensive
Plan and the Annexation and Initial Zoning Hold Harmless Agreement; (ii) pay all applicable
fees, costs and expenses associated with the petition for voluntary annexation as, required by the
City; and (iii) provide all documentation required by Florida law, including, but not limited to,
Section 177.044, Florida Statutes, for the voluntary annexation of the Property including, but
not limited to, a metes and bounds legal description of the Property. Following the Owner's
2
OR Bk MlMe Pg :367n
Orange Co FL 56M679
compliance with the foregoing, the City shall have the right, but not the obligation, to process
this petition for voluntary annexation without further action and/or request of the Owner.
C. In the event the City determines, in its sole and absolute discretion, that
the requested annexation is inconsistent with the Ocoee Comprehensive Plan, the Owner must
apply for a Comprehensive Plan Amendment and pay the applicable development review fees
in connection therewith. In the event the City determines, in its sole and absolute discretion,
that a developer agreement is required in connection with the annexation, then the Owner must
pay the applicable development review fees in connection therewith. The Owner shall pay such
additional development review fees, as may be required by the Code of the City of Ocoee in
effect at the time of annexation,
D. The Owner acknowledges and agrees that this Agreement does not in any
way obligate or require the City to annex the Property or grant to the Owner any particular
zoning which may be requested in connection with such annexation.
E. The Owner acknowledges, and agrees that any zoning granted to the Owner
in connection with the Property shall be consistent with the terms and conditions of the Joint
Planning Agreement as it may be amended from time to time.
SECTION 3. Water and Sewer Service.
A. Subject to the terms, conditions and limitations set forth in this Agreement,
the City agrees to provide sewer and water service to the Property upon compliance by the
Owner with all applicable regulations of the City and the payment all fees, costs and expenses
associated therewith. The Owner shall execute an developer agreements for sewer and water
as required by the City in connection with the provision of sewer and water service to the
Property,
B. This Agreement does not in any way reserve any sewer and water capacity
or guarantee the availability thereof.
C. The Owner acknowledges and agrees that for so long as the Property is
not located within the corporate limits of the City, the monthly rates and charges for sewer and
water service as established by the City from time to time shall be charged at the same rate
charged to consumers within the corporate limits of the City pLus a surcharge equal to twenty-
five percent (25 %) of such monthly rates and charges for sewer and water service or such other
surcharge as the City may impose from time to time. The Owner agrees to pay all such charges
for sewer and water service and surcharges as required by the City.
1D. The Owner acknowledges and agrees that the Property is not located in the
corporate limits of the City and that sewer and water capital charges as established by the City
from time to time shall be charged at the same rate to consumers within the corporate limits of
the City D—Jus a surcharge equal to twenty-five percent (25 %) of such sewer and water capital
charges or such other charges as the City may impose from time to time. The Owner agrees
to pay all sewer and water capital charges and surcharges as required by the City.
OR sk Mimp— Pg 3676
Ora ingo Co FL 5&%679
SECTION 4. Agreement Runs with the Land. In consideration of the City
providing sewer and water service to the Property, the Owner and the City acknowledge and
agree that this Agreement is irrevocable and, further, this Agreement and all other rights and
obligations of the parties hereunder are intended to and shall run with the Property, and shall
bind, and inure to the benefit of, the parties hereunder and their respective successors in title.
SECTION 5. Representations.
A. The Owner hereby warrants and represents to the City that the Owner
currently owns fee title to the Property and has full power and authority to enter into this
Agreement and that the Property is free and clear of all liens and encumbrances [except for the
lien of the mortgages referenced in the Joinder, Consent and Subordination attached hereto].
B. The City makes no representations or warranties with regard to this
Agreement and reserves the right to process Owner's petition for voluntary annexation in its sole
and absolute discretion.
SECTION 6. Title Evidence and Survey.
A. As a condition precedent to the execution of this Agreement by the City,
the Owner shall provide title evidence, in a form and substance satisfactory to the City, showing
the Owner as the owner of fee simple title to the Property. Such title evidence shall also show
whether the Property is encumbered by a mortgage or other -wise. In the event the Property is
encumbered, the Owner shall provide a Joinder, Consent and Subordination of all mortgagees
to this Agreement prior to the execution of this Agreement by the City.
B. Unless the Property is a platted lot as shown in the title evidence required
above, as a condition precedent to the execution of this Agreement by the City, the Owner shall
provide a survey in accordance with the minimum technical standards for land surveys set forth
in Chapter 61G17-6, Florida Administrative Code. Such survey shall be consistent with the
legal description of the Property set forth in Exhibit "A".
SECTION 7. Notices. Any notice required to be given hereunder shall be in
writing and shall be delivered in person or by certified mail, postage paid, return receipt
requested as follows. If such notice is to be given to the City, such shall be given at the address
set forth above. If such notice is to be given to the Owner, such shall be given at the address
shown in the tax collector's records for the Tax Parcel Identification Number set forth above.
Any notice, direction or other communication delivered or mailed, as directed above shall be
deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally,
when received.
SECTION 8. Defaults and Remedies. IN THE EVENT THE, OWNER
FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER
WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND
TERMINATE ANY SEWER AND WATER SE RVICE PROVIDED TO THE PROPERTY.
THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND
4
OR Bk M 1 Ma Pg :36 79
Orange Co FL 5&%679
IN WITNESS VVIIEREOF, the City has caused this Agreement to be executed
as of the day and year first written above.
Signed, sealed and delivered
in the presence of:
Print/Type Name
Signature
MAR.IAM I GALIM
Print/Type Name
FOR USE AND REA LIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TQ FORM ANDe.EGALITY
this day ofivL10 i
0
City Attorney
11CITY11
CITY OF OCOEE,
a Florida municipal corporation
Ma t
S. Scott Vandergerift4r , Ma o
Attest:—
J64 Grafton"' CityAl;rk
APMOVED BY THE OCOEE CITY
COMNIISSION AT A MEETING
]FIELD ON A)gvc-tw66il 199
UNDER AGENDA ITEMNCI .7-C—EF.
W�
OR Bk 515e Pq :3600
Orange Co F,L 5836479
wom, V 6, P . k 0
I HE, REBY 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 VANDERGRU'r and JEAN GRAFTON, 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
klmdayof No�jfjAagg, 2 19—%,
0 , Noj,"Vk,
MARIAN B GREEN
My Cornimission CCO 3441
Expires Nov. 04, 1998
Banded byANB
"'4P1ri� 0'
000-852.5878
CAWMI 00MOCOM, CARPWMAGM 110611961 h9W01 5 ISKICAp
wd
Signature of Notary
MALIAN B. IZEC-rg
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal): _
My Commission Expires (if not legible on seal) :
M
I 'Iq , II 'I I,,, III I Ill-IIIIII; IIIII
1111111''1 111111 ii, I I , 111 11 0711 kivii-Iffil - M
i 5*3XIM 1 111111 11 - I UJI I FI I III I
IN WITNEISS WHEREOF, the Owner has caused this Agreement to be duty executed
the day of A L,V � * 1, 19116.
Signed, scaled and delivered
in the presence of:
S' a re
5
Print/Typo Name
I L L
Print/Type Name,
nOWjqM11
4(o
OR Bk n 1 ne Pg Z36 E3 1
Orange Cc FL 5SM679
I REP-EBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to take acknowledgements, personally appeared
-0
aawiruve who is, personally known to me or L-4-produced 2Qcr ag —
ALOL as"identification, and that _±h acknowledged executing the
foregoing instrumedt for the purposes and uses therein descriE7.
WrINESS my hand and official seat in the County and State last aforesaid this
ay of 19
USA G! MW®R"O
MY COMMISSION 0 00 661962
EXPIRES: Am 17,2WO
Wood Thor Mom' Pu* UrII
C.aWPJIMCMMMFORM%&VWrRSWR.AQMIkVIRMlIPMtJlDfl$*
M
LISA 0. HOLMBER13
MY OOMMMION I CC 561962
EXPIRES- June 17, 20
WWed ThrU W" PUM *&MI
Name of NoW(—ry-pad, PriaW or Stamped}
Commission Number (f not legible on seal):
My Commission Expire:4 (if not legible on seal):
0
The undersigned hereby certifies that Nation Banc L4ortgage Corporation
is the holder of a mortgage, lien or other encumbrance upon the above' described----
PO property, and
that the undersigned hereby joins in and consents to the foregoing instrument by the owner
thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official
Records Book _Aa2z__,Page n
3 8, 2 2 , in the original SUM ()If $.- 115. 0 0 1. o o, of the
ftblic Records of Omnge County of Morida, shah be subordinated to the foregoing instrument.
OR Bow !SlMa Fig 36SR
Orange Co FL 5SX679
Signed, sealed and delivered
4
W the presence of-,
IL
Name�_ A
16 . a - RM
Its: Senior Vice President
Orange Co FL 5811247
10/2 /96 02:00:2
OR nk 5 14 2 a ZM9 5r
Rey 6.00
Recorded - Martha 0. Haynie
199� _4 before TM IS TO CERTWY, that orl this 30thday Of - September 1
me, an officer duty authorized to take acknowledgements in the State and County
aforesaid, personally appeared-, Mary Frances Randall 0$ Senior Vice President
of NationsBanc Mortgage Corporation who W is
personally known, to me or [ ] produced as identification, and that who
acknowledged that —she as the individual described in and who oxm.uted the f0m.goll-na
imtrument and acknowledged the execut &W
" ion thereof to be het free act and deed as such.
officer thereunto duty authorizvd, that the official seal of said corporation is duly affNed thereto.
IN WITI'MIS WEWMEOF, I have hereunto set my hand and seal on the above
date.
Q%"tXb0CT&MEMAM5V0CWTA$"A0M I1WJ$M I IMSIM*
NOTARY PUBUC
Name: . . . ......
My Commissionopws:
'LISA A. MUFFORD
13: Notary Public, State of New York
No. 01MU-2029439
Qualified inW%" County
.'onirnissjon Expires
OR S'W M I MP— Pg 364B3
Orange Co FL 5636679
EXHIBITI "At'
The South 160 feet of the Northwest 1/4 of the Southeast 1/4 of Section 17,
Township 22 South, Range 28 Fast, East of Lake, Less the East 185 feet thereof.
Lying and being situated in Orange County, Florida.
Recorded - Martha 0. Haynie
Rio-M "'OKKUMIMME
The undersigned hereby certifies that Nat ions Banc ,-Mort 2a2e Corporation
is the holder of a mortgage, lien or offier encumbrana—e —Upon the above described property, an
that the undersigned hereby joins in and consents to the foregoing instrument by the owner
thereof and agrees that its mortgage, lien or other encumbrance, wWch is recorded in Official
Records Book AS 2 6 , Page a22 , in the Original s,um Of $— 115 - 0 QO of the
Public lords of Orange County of Florida, shall be subordinated to the foregoing wistrument.
Signed, sealed and deUvered
in the presence of:
New York
ST
ATE OF FWAM&
—WALinngRane Mont claqe Corporation
Its: Senior Vice President
o�00000* io
Orange Co FL 5811247
10/23/96 02:00:259" OR Bk n2 Pg 35 :L 49
Rec 6.00
Recorded - Martha 0. Haynie
THIS IS TO CERTWYt that on this _Lot'hday of September
1994 before me, an officer duly authorized to take acknowledgements in the State and County
aforesaid, personal1y appeared Mar y --- Frances Randall as Senior Vice President
of NationsBanc Mortgage Corporation
who is
personally known to me or produced as Identification, and that who
acknowledged That she as the Individual described in and who executed the fomgoing
instrument and aclaio�ledged the execution thereof to be*Wbef free act and deed as such
officer themunto duly authorized, that the *offcW seal of said corporation is duly affixed thereto.
IN WITNESS WHBRWF,, I have hereunto set my hand and seal on the
date. I
S�z I
oy,
DATED: J.
&
A�L
NOTARY PUBIC
Name:
r Jr, J!)
My Commission
7�UF&
I AD
13 Notary Public, State of New York
No. OIMYF29439
Qualified inNCounty
�,QMMNSiOn F_Xr)ires -.4
'ne undersigned llerebY CeftifieS that NatLonsBanc 4orl a e
Cor�poration
is the holder of a mortgage, lien or other encumbrance upon the above described property, and
that the undersigned hereby joins in and consents to the foregoing instrument by the owner
thereof and agrees that its mortgage, lien or other encumt"ir,�;ce, which is recorded in Official
Records Book Page 3 8 2 2 9 in. the original sum of $— to 0 0. 0 0 of the
.Rtblic Records of Orange County of Florida, shall be subordinated to the foregoing instrument.
Signed, sealed and delivered
in the presence of-,
Nam
Name A
Its: Senior Vice President
199 TMS IS TO MUM that on this _ day of September
_4 before me, an officer duly authorized to take acknowledgements, in the State and County'
aforesaid, PersOnall.YaPPeared MaEX.Frances Randall Senior Vice President
of NationsBanc Mortgage Corporation
who is
personally known to me or produced as identification, and that who
acknowledged that - she as the individual described in and who executed the foregoing
instrument and ac1ai0'W10dg0d the execution thereof to be *Wher free act and deed as such
officer thereunto duly authorized, that the official seal of said corporation is duly affixed thereto.
IN WITNESS VVEMREOF, I have hereunto so my hand and seal on the above.
date.
X
I.N[A-d
Name:., --
My Commission expires:
LISA It. MUFFORD
13 Notary Public, State Of NOW York
No. OIMUP29439
Qualified in-� County
,ornmission Expires
Martinez -Perez Property - 128 1st Street
Surrounding Zoning Map
kl
k
Ocoee
/Iorido
Development Services
Department
0 135 270 540
Feet
Created: July 2021
QSubject Property
Zoning Classification:
General Agricultural (A-1)
Suburban (A-2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AA)
Single -Family Dwelling (R-1A)
Single -Family Dwelling (R-1)
One- & Two -Family Dwelling (R-2)
■ Multiple -Family Dwelling (R-3)
® Mobile Home Subdivision (RT-1)
■ Professional Offices & Services (P-S)
Neighborhood Shopping (C-1)
■ Community Commercial (C-2)
■ General Commercial (C-3)
Restricted Manufacturing
& Warehousing (1-1)
General Industrial (1-2)
Commercial (PUD)
Low Density (PUD)
Hai Medium Density (PUD)
High Density (PUD)
■ Public Use (PUD)
Unclassified
Martinez -Perez Property - 128 1st Street
Surrounding Future Land Use Map
\l
0('0eP
11 p,I Ca
Development Services
Department
0 130 260 520
Feet
Created: July 2021
QSubject Property
Future Land Use Classification:
Low Density Residential (LDR)
Medium Density Residential (MDR)
High Density Residential (HDR)
Professional Offices and Services (P
Commercial (COMM)
Light Industrial (LI)
- Heavy Industrial (HI)
Conservation/Floodplains (CONS)
Recreation and Open Space (REC)
® Public Facilities/Institutional (INST)
L. 1 KE STI-I R i E