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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 % ocoee norido 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