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HomeMy WebLinkAboutItem 16 Second Reading of Ordinance for Ocoee Rentals Trust Properties at 499 2nd Street – Annexation & Rezoning; Project No(s): AX-04-21-07 & RZ-21-04-10WE ' Ocoee Florida AGENDA ITEM COVER SHEET Meeting Date: August 3, 2021 Item #: �p Reviewed By: Contact Name: Gregory Hines, Planner I Department Director: Contact Number: 407-554-7086 City Manager: Subject: 499 2nd Street - Ocoee Rentals Trust Annexation and Rezoning Project No(s): AX-04-21-07 & RZ-21-04-10 Commission District #2 — Rosemary Wilsen Robert Background Summary: The First Reading of 499 2nd street - Ocoee Rentals Trust Property was held on July 20, 2021. General Location: The property is located on the east side of 2nd Street and approximately 670 feet south of Center Street and southeast of the intersection of Nay Street and 2nd Street. Parcel Identification Number(s): 17-22-28-0000-00-056 Property Size: +/- 0.26 acres. Actual land use proposed land use and unique features of the subject property: The parcel is currently developed with a single-family house. The Applicant is annexing into the City limits as a condition to receive City potable water connection. 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 Orange County / Low -Density Residential Orange County / R-1 South Orange County / Low -Density Residential Orange County / R-1 West Orange County / Low -Density Residential Orange County / R-1 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 is bordered by property to the north that is currently being annexed. 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-1 (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 limitswhen 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 Feasibility & Public Facilities Analysis Report (See attached): The property is located within the Ocoee -Orange County JPA area and will be bordered by the City of Ocoee to the north. The property already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County, The property will require City of Ocoee water service. 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. Additonally, during discussions with the property owner, as a condition of annexation, ,the property has agreed to convey, at no cost to the City by warranty deed, fee simple title to the west 30 feet of the subject property to become dedicated right- of-way along the eastern boundary of the existing 2nd' Street roadway. This conveyance of land agreement is reflected in the attached Annexation Agreement. Issue: Should the Honorable Mayor and City Commission approve, the annexation and rezoning from Orange County R-1 (Single -Family Dwelling) to City of Ocoee R-1 (Single -Family Dwelling) of the property identified as Parcel ID 17-22-28-0000-00-0562 Development, Review Committee Recommendation: On Tuesday, May 4, 2021, the DRC met to determine if the proposed annexation and rezoningwere consistent with the City's regulations and policies. The DRC voted unanimously to recommend approval of the annexation and rezoning for the Ocoee Rentals Trust Property. Planning and -Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) met on June 8, 2021 to review the proposed Annexation and Rezoning. No issues or concerns were raised, and the Planning and Zoning Commission voted 2 unanimously to recommend approval of the Annexation and Rezoning for Parcel ID 17-22-28-00010-00- 056. Staff Recommendations: Based on the above analysis and the subsequent DRC and Planning and Zoning Commission recommendations, staff recommends that the Honorable Mayor and City Commission approve the ordinances for Annexation and Rezoning for the Ocoee Rentals Trust Property assigned Parcel ID 17- 22-28-0000-00-056 and authorize the Mayor to execute the Annexation Agreement with Ocoee Rentals Trust. Attachments: Feasibility Report Annexation Ordinance Rezoning Ordinance Annexation Agreement Location Map Zoning Map Future Land Use Map Aerial Financial Impact: None Type of Item: U)Iease maik with an 'V) El Public Hearing For Clerk's Dept Use E1 Ordinance First Reading El Consent Agenda X Ordinance Second Reading Public Hearing L) Resolution El Regular Agenda El Commission Approval Ll Discussion & Direction it Original Document/Contract Attached for Execution by City Clerk 1-1 Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 3 CITY OF OiCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-04-21-07 & RZ-2;1-04-10 APPLICANT NAME: OCOEE RENTALS TRUST PROPERTIES PROJECT NAME: OCOEE RENTALS TRUST PROPERTY — 499 2 NO STREJ 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. 1. PLANNING DEPARTMENT Gregory Hines, Planner I A. Applicantlowner 1 1. Owner (if different from Applicant): Ocoee Rentals Trust Properties E Property Location 1. Gieneral Locafiion: The property approximately 670 feet south of Center Street and southeast of the intersection of Nay Street and 2nd Street. Parcel Identification Number: 117-22-28-9000-00-056 -2. Street Addresses: 499 2nd Street -3. 4. Size of Parcels: 0,26 acres Use '.haracteristics 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 4otfing, R-1 3. Existing qcoee Future Land Use. Low Density Residential 4. Proposed Ocoee Zoning: R-1 E. Consistency 1. Joint Planning Area: 2. Comprehensive Plan: Yes Yes FIRE DEPARTMENT Shawn: Sorenson, Fire Marshal 1. Estimated Response Time: 5 Minutes 2. Distance to Property: 2.2 miles 3. Fire Flow Requirements: 1000 gpm POLICE DEPARTMENT Lt. Scott Nylander, Police 1. Police Patrol Zone I Grid I Area: 5 2, Estimated Response Time: 11 rains 3. Distance to, Property: 3.6 3. Average Travel Time 9 mins 1�� =M Applicant Name: Ocoee Rentals Trust Properties — 499 2nd Street Project Name: 499 2nd Street Property Annexation & Rezoning Case #: AX-04-21-07 & RZ-21-04-10 =-CONOMIC VALUE Gregory Hines, Planner I 1. Property Appraiser Taxable Value: $157,906 ------ 2. Property Appraiser Just, Value $157,906 3. Estimated City Ad Valorem Taxes: $829.00 4. Anticipated Licenses & Permits: N/A . ... ... 5. Potential Impact Fees: . ..... . ... N/A 6. Total Project Revenues: N/A V. BUILDING DEPARTMENT Gregory Hines, Planner I � 1. Within the 1 00-vear Flood Plain: No (FIRM Map Number 12095CO220F) VI. UTILITIES .den Bolling, I Manager A. Potable Water, 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: No 4. Location and Size of N/A Nearest Water Main: I 3. Sanitary Sewer 1. In Ocoee Service Area: Yes ...... 2. City Capable of SerKinq. Area: No 3. Extension Needed:--. N/A 4. Location and Size of Nearest Force Main: N/A ...... 5. Annexation Agreement Needed: No C. Other Utility Easement Needed: N/A -1. 2. Private -Lift Station Needed: NIA 3. Well Protection Area Needed: N/A TRANSPORTATION Gregory Hines, Planner I 1. Paved Access: P a Yes 2. RO / Dedication: 0 V3Traffic No . ..... . Tr Study: No 4. Traffic Analysis Zone: 568 Page 2 of 3 Applicant Name: Ocoee Rentals Trust Properties — 499 2nd Street Project Name: 499 2nd Street Property Annexation & Rezoning Case #: AX-04-21-07 & RZ-21-04-10 Ill. PRELIMINARY CONCURRENCY EVALUATION Gregory Hines, Planner 1_ At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks / Recreation: At this firrie, 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 W'ITH STATE REGULATIONS: Gregory Hines, Planner I I 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. 2021-0�24 (Annexation Ordinance for 499 2"" Street - Ocoee Rental Trust Properties) TAX PARCEL ID- 17-22-28-0000-00-056 CASE NO. AX-04-21-07: 499 21"Strect - Ocoee Rental Trust Properties Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.258 ACRES LOCATED ON THE EAST SIDE OF 2ND STREET, APPROXIMATELY 670 FEET SOUTH OF CENTER STREET AND SOUTHEAST OF THE INTERSECTION OF NAY STREET AND 2ND STREET, PURSUANT TO THE APPLICATION SUBMITTED BY 'rHE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND 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 171.0,44, 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 armex approximately +/- 0.258 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 the Land Development Code of the City of Ocoee (the "Code"); and WHEItE AS, on June 8, 2021, the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed amiexation 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 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 Conunission hereby finds that the petition to arinex 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 araiexed 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 artnexed 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 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 armexed. 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 II. 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, FLOR1DA 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 12021 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney 2021, UNDER AGENDA EXHIBIT "A" LEGAL DESCRIPTION COMM AT SE CO'R OF NE1/4 OF SEC 17-2-28 TH N88-17µ27W 658.42 FT TH NORTH 582.52 FT TO POB TH CONTINUE NORTH 75.43 FT TH S88-17-27E 155.29 FT TH SOUTH 32.82 FT TH N88-17-27W 11'13 FT TH SOUTH 42.62 FT TH N88-17-27W 144.15 FT TO POB EXHIBIT "B" Exhibit B Location Mafia m 0 ORDINANCE NO. 2021-023 (Rezoning Ordinance for 499 2nd Street - Ocoee Rental Trust Properties) TAX PARCEL ID: 17-22-28-0000-00-056 CASE NO. RZ-21-04-10: 499 2111 Street - Ocoee Rental Trust Properties 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-1, SINGLE FAMILY DWELLING DISTRICT ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.258 ACRES LOCATED ON THE EAST SIDE OF 2ND STREET, APPROXIMATELY 670 FEET SOUTH OF CENTER STREET, AND SOUTHEAST OF THE INTERSECTION OF NAY STREET AND 2ND STREET', PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH REZONING 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 0.258 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- 1; and WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code 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 review and recommendation by the Planning and Zoning Con-unission of the City of Ocoee, Florida (the "Planning and Zoning Con-nnission"); and WHEREAS, on June 8, 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 3, 2021, 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 I. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately +/- 0.258 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange Count), R- I to City of Ocoee R-1. 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 Ocoee City Commission hereby finds the Rezoning of the land 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 the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION Cr. 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 ATTEST: 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 & WILSON, P.A. By: City Attorney '021M APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED -..--,2021 READ FIRSTTIME 2021.. READ SECOND TIME AND ADOPTED ,2021, UNDER AGENDA ITEM NO, EXHIBIT "A" COMM AT SE COR OF NE1/4 OF SEC 17-2-28 TH N88-17-27W 658.42 ET TH NORTH 582.52 ET TO POB TH CONTINUE NORTH 75.43 FT TH S88-17-27E 155.29 FT TH SOUTH 32.82 FT TH N88-17-27W 11.1, 3 FT TH SOUTH 42.62 FT TH N88--17-27W 144.15 FT TO POB EXHIBIT "B" AFTER RECORDING THIS INSTRUMENT SHOULD BE RETURNED TO: Melanie Sibbitt, City Clerk CITY OFOCOEE 150 Noilh Lakeshore Drive Ocoee, Florida 34761 Tax Parcel Identificatic,ii Number(s): 17-22-28-0000-00-056 ANNEXATION AGREEMENT (OCOEE RENTALS IREST ) THIS ANNEXATION AGREEMENT (this "Agreement") is made and entered into this day of 2021, 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 OCOEE RENTALS TRUST, whose mailing address is 750 Reflections Lane, Winter Garden, Florida 34787 (the "Owner"). WITNESSETH: WHEREAS, the Owner owns certain real properties located in unincorporated Orange County, Florida consisting of approximately .258 acres located on 211d Street, Ocoee, Florida 34761, Tax Parcel IdentificationNumber(s) 17-22-28-0000-00-056 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, pursuant to Section 171.0,44, Florida Statutes, the Owner has petitioned the City Cormnission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City (the "Petition"); and "WHEREAS, at the time of annexation, the Property meets Orange County, Florida (the "County") R- I zoning standards and requirements; and WHEREAS, upon annexation, the City of Ocoee (the "City") will apply a comparable City zoning designation of R- I to the Property; and WHEREAS, Owner intends to apply for and obtain building permits from the City for the lot; and WHEREAS, the City recognizes the lot conforms with County R-1 zoning requirements, is developable under the County's code and is developable under the City's R-1 zoning district; 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 recornmended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEIMAS, as a condition of annexation, the Owner agrees to convey, at no cost to the City and subject to easements, restrictions and other matters of record, to the City by warranty deed, fee simple title to the west 30 feet of the Property to become dedicated right-of-way along the eastern boundary of the existing 2" Street roadway; and WHEREAS, the Ocoee City Commission has reviewed the proposed arn-lexation 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 WHERE, AS, 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 fire, police and transportation services in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives, and policies of the Ocoee Comprehensive Plan and WHEREAS, the City and Owner desire to address in this Agreement certain tern -Is and conditions related to the annexation and development of the Property. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1. Recitals. The Recitals set forth above are true and correct and by this reference are incorporated herein as part of this Agreement. Section 2. Development Approvals, Nothing herein will be construed to grant or waive on behalf of the City any development approvals that inay be required in connection with the Owner's future development of the Property. Notwithstanding this Agreement, the Owner must comply with all applicable procedures and standards related to the development of the property in accordance with the then -existing applicable requirements of the Ocoee City Code. Section 3. Annexation. Contemporaneous with the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2020- for Case No. AX-04-21-07 (the "Annexation Ordinance"), thereby redefining the corporate territorial limits of the City to include the Property. Section 4. Right-of-way. As a condition of annexation, the Owner agrees to convey, at no cost to the City and subject to casements, restrictions and other matters of record, to the City by -2- warranty deed, fee simple title to the west 30 feet of the Property to become dedicated right-of- way along the eastern boundary of the existing 2"d Street roadway. The legal description of the land to be conveyed shall be pursuant to a signed and scaled survey prepared at the expense of the Owner, and upon approval by the Ocoee City Commission of this Petition, such survey shall be recorded in the Public Records of Orange County, Florida, and such recorded survey shall be delivered to the Orange County Property Appraiser and to the City. Section 5. Agreement Runs with the Land. In consideration of the City providing water service to the Property prior to annexation, the Owner and the City aclo-iowledge 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 6. Repr-esentations by Owner. 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 frec and clear of all liens and encumbrances, except for the lien of the mortgage referenced in the Joinder, Consent and Subordination attached hereto. 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 Numbers set forth above with a copy to Ocoee Rentals Trust, 750 Reflections Lane, Winter Garden, Florida 34787. 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. Indemnification. The Owner hereby agrees to indemnify and save the City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted hereunder. The Owner shall use its best efforts to promptly notify the City in writing of any Claims and shall provide the City with information regarding the Claims as the City may reasonably request, but the failure to give such notice or provide such information shall not diminish the Owner's obligations tinder this Section. Section 9. Recording, The Owner acknowledges and agrees that the City shall record this Agreement in the Public Records of Orange County, Florida, and the Owner agrees to pay all costs associated therewith. Section 10. 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. -3- Section IL Miscellaneous. A. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF CONVEYANCE TO THE PROPERTY, AGREETO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. B. The Property shall be deemed a single parcel and any subparcels, of the Property which are created by subdivision or by any other means shall be subject to the terms and conditions of this Agreement, subsequent sale and individual ownership notwithstanding. C. The Effective Date of this Agreement shall be the Effective Date of the Annexation Ordinance. D. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, in recordable form, signed by the parties hereto, or their respective successors and assigns. Any such modification or amendment shall not be effective until recorded in the Public Records of Orange County, Florida. E. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. F. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives. G. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. 1-1. In the event the either party institutes a legal proceeding against the other party, to enforce the terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement or in the event of any litigation between the parties which arises out of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs, both at the trial and appellate levels; provided, however, that notwithstanding the foregoing and without regard to the prevailing party, the Owner shall bear its own attorneys' fees and costs and shall reimburse the City for its attorneys' fees and costs in connection with any proceeding in which the Owner seeks to challenge the validity or enforceability of any provision of this Agreement. I. In the event a third party institutes a legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement or any other matters arising out of or related to this Agreement or the provision of water service, and such third party prevails, then in such event the Owner shall pay all costs, fees, charges, and expenses of the City relative thereto, including but not limited to attorneys' fees and paralegal fees at both the trial and appellate levels. J. In addition to each and every remedy now or hereafter existing at law or in equity, the parties hereto expressly agree that City shall have the right to enforce this Agreement by an action for specific performance. -4- K. This Agreement embodies and constitutes the entire understandings of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. L. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. M. 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. N. If any word, sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. 0. The attached Exhibits are part of this Agreement as though fully set forth in this Agreement. (Signatures on Following Page) -5- IN WITNESS WHEREOF, 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: Signature Print/Type Name Signature Print/Type Naine FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY This day of 2021 SHUFFIELD, LAWMAN & WILSON, P.A. M City Attorney STATE OF FLORIDA COUNTY OF ORANGE "CITY" CITY OF OCOEE, a Florida municipal corporation M Rusty Johnson, Mayor Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2021 UNDER AGENDA ITEM NO. I HERE BY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid and in the 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, 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 tinder authority duty vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of 2021. Signature of Notary Name of Notary (Type, Printed or Stamped) Commission Number (if not legible on seal): -...- My Commission Expires (if not legible on seal):---- -6- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the _ day of 2021. Signed, sealed and delivered in the presence of, Signature Print/Type Name Signature Print/Type Name STATE OF COUNTY OF "OWNER" OCOEE RE, NTALS TRUST, By:_ Nance: Title: By: — Name: Title: (CC)I PoRA.TE SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acluiowledgments, personally appeared and as and respectively of OCOEE RENTALS TRUST, who are personally known to me or produced as identification, and that they acknowledged executing the foregoing instrument on behalf of said corporation in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation, and that the seal affixed hereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of 2021. Signature of Notary Nance of Notary (Type, Printed or Stamped) Commission Number (if not legible on seal);, My Commission Expires (if not legible on seal):_ -7- " LEGAL DESCRIPTION COMM Ocoee Rentals Trust Properties - 499 2nd Street Surrounding Zoning Map ,0, V0 00066 %m Development Services Department 0 105 210 420 Feet Created: June 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) J Low Density (PUD) Medium Density (PUD) High Density (PUD) ■ Public Use (PUD) Unclassified ■■■■■mom �� ,. _kit 0 k, KID soon ■� ■■■■\�■■■■■ ■■!■�I■ ■■■ ■■■■■■ •1 1 ■■■■■■■L =� REEK miss ■�■� y � 'ti ■'■� E■ . �� a �■■■!; �■r..� EIS � � � ■Cri7 �■� �.� �wfil �■ El � 1► l � is �.�:;::� �:; ::ti: _:;. II E �la«ooa Ocoee Rentals Trust Properties - 499 2nd Street Surrounding Future Land Use Map 0006(� 74 Development Services Department 0 100 200 400 Feet Created: June 2021 QSubject Property Future Land Use Classification: Low Density Residential (LDR) Medium Density Residential (MDR) High Density Residential (HDR) Professional Offices and Services (PS Commercial (COMM) Light Industrial (LI) Heavy Industrial (HI) Conservation/Floodplains (CONS) ,. Recreation and Open Space (REC) Public Facilities/Institutional (INST) Ocoee Rentals Trust Properties - 499 2nd Street Aerial Map COPY OF ADVERTISEMENT Date Published and Media Name 2B The West Orange Times Thursday.July 22. 2021 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING 499 2ND STREET-OCOEE RENTALS TRUST PROPERTIES ANNEXATION CASE NUMBER AX-04-21-07 NOTICE IS HEREBY GIVEN,pursuant to Article I,Subsection 1-10,and Article V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY, AUGUST S,2021,at 6:15 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 oonsider the Annexation for 499 2nd Street-Ocoee Rentals Trust Properties.The property is located on the east side of 2nd Street,approximately 670 feet south of Center Street and southeast of the intersection of Nay Street and 2nd Street The property is identified as parcel number 17-22-28-0000-00-056 and is approximately 0.26 acres in size. ORDINANCE NO.2021-024 AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORI- DA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-0.26 ACRES LOCATED ON THE EAST SIDE OF 2ND STREET,AP- PROXIMATELY 670 FEET SOUTH OF CENTER STREET AND SOUTH- EAST OF THE INTERSECTION OF NAY STREET AND 2ND STREET, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFI- CIAL CITY MAPS;PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY;REPEALING INCONSISTENT OR- DINANCES;PROVIDING FOR AN EFFECTIVE DATE. Ocoee Rental Trust Properties-499 2nd Street Location Map JL P n�JOo�Laf1� I ' ' ' I R • • � Iyly l I Iy / I AI Dr�a't D�114el H l l I I 1 6lnad s><re I g• t Millr MIMEMIME — M - MI& _I)a _ - rior en�1i f '1 =� C d - m - :ri. \ mop [1 I N . 1.Un u: .rc ILL 18. RI If the applicant's request for annexation is approved,the annexation would incorpo- rate the property into the City of Ocoee.Interested parties may appear at the public hearing and be heard with respect to the proposed annexation.Pursuant to Subsec- tion 5-9 B.of the Land Development Code,the Planning Director 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. 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 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 hearings 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 participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105. July 22,29,2021 21-02323W COPY OF ADVERTISEMENT Date Published and Media Name Thursday.Jury 22. 2021 The West®range Times 5B Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING 499 2ND STREET-OCOEE RENTALS TRUST PROPERTIES REZONING TO SINGLE FAMILY DWELLING(R-1) CASE NUMBER:RZ-21-04-i0 NOTICE IS HEREBY GIVEN,pursuant to Article I,Subsection 1-10,and Article V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY, AUGUST 8,2021,at 6:15 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 for 499 2nd Street-Ocoee Rentals Thist Properties.The property is located on the east side of 2nd Street,approximately 670 feet south of Center Street,and south- east of the intersection of Nay Street and 2nd Street.The property is identified as parcel number 17 22-28-0000-00-056 and is approximately 0.26 acres in size.The requested zoning would change from`Orange County'Single-Family Dwelling Dis- trict(R-1)to''City of Ocoee'Single Family Dwelling(R-1). AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANG- ING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1,SINGLE FAMILY DWELLING DISTRICT TO CITY OF OCOEE R-1,SINGLE FAMILY DWELLING DISTRICT ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-0.26 ACRES LO- CATED ON THE EAST SIDE OF 2ND STREET,APPROXIMATELY 670 FEET SOUTH OF CENTER STREET,AND SOUTHEAST OF THE INTERSECTION OF NAY STREET AND 2ND STREET,PUR- SUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;FINDING SUCH REZONING 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. 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 Lake- shore 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 hearings 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 participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 905-3105. July 22,2021 21-02316W Date Published and Media Name 18B The West Orange Times Thurs a Ju z9 2021 Advertisement or Article SECOND INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING 41)9 2ND STREET - OCOEE RENTALS TRUST PROPERTIES ANNFXATION CASE NUMBER, AX-04-21.07 NOTICE IS HEREBY GIVEN, pursuant to Article 1, Subsection I-lo, and Article V. Sect -son 5-9, of the City of Ocoee Land Development. Code, that on'Ti.i'EnSDAY, AUGUST3, 2021, at 6.15 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, Morida, to consider the Annexation for 499 2nd Street -- Ocoee Rentals Trust Properties. The property is located on the east side of 2nd Street, approximately 670 feet south of Center Street and southeast of the intersection of Nay Street and 2nd Street. The property is identified as parcel number 17-22-28-0000-00-056 and is approximately 0.26 acres in size. ORDINANCE NO.2021-024 AN .ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMTTS OF THE CITY OF OCOEE, FLORI- DA, CERTAIN BEAT. PROPERTY CONTAINING APPROXIMATELY. +J- 0.26 ACRES LOCATED ON THE EAST SIDE OF 2ND STREET, AP PROXIMATELY 670 FEET SOUTH OP CENTER STREET AND SOUTH- EAST OF THE INTERSECTION OF NAY STREET AND 2ND STREET, PURSUANT TO THE APPLICATION SUBMITI'ED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WrI7H THE OCOEE COMPREHENSIVE PLAN ANDTHEOCOEE CITY CODE, PROVIDING FOR AND AUTHORIZING THE UPDATING. OF OFFI- CIAL CITY MAPS, PROVIDING DIRECTION TO THE CITY CLERK, ` PROVIDING FOR SEVERABILTTY, REPEALING INCONSISTENT OR- DINANCES, PROVIDING FOR AN EFFECTIVE DATE. Ocoee Rental Trust Propordes - 499 2nd Street Locattnn Mep n o a A Ace Dle Sr m 4 � M O 0 l r rc e If the applicant's request for annexation is approved, true annexation would incorpo- rate the property into the City of Ocoee. Interested parties may appear at the public hearing and be heard with respect to the proposed annexation. Pursuant to Subscc- tion 5-9 B. of the Land Development Code, the Planning Director 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. ' The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 15o North Lakeshore Drive, Ocoee, Florida between the hours of SiO0 am. 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 hearings ♦till 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 participate in this proceeding should contact the City Clerk's Oliice 48 horns in advance of the meeting at (407) 905-3105. July 22, 2% 2021 - 21 02323W