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HomeMy WebLinkAboutItem 22 Second Reading of Ordinance for Martinez-Perez Property at 128 1st Street – Annexation & Rezoning; Project No(s): AX-06-21-21 & RZ-21-06-25ocoee florida AGENDA ITEM COVER SHEET Meeting Date: August 17, 2021 Item #: c2c2 Reviewed By: Contact Name: Anoch Whitfield, Zoning Man Department Director: Mich el R Contact Number: 407-554-7079 ity Manager: RoJoAfrl l- 6 Subject: 128 1st Street- Martinez -Perez Property _Annexation and Rezoning, Project No(s): AX-06-21-21 & RZ-21-06-25 Commission District 92 — Rosemary Wilsen Background Summary: The First Reading of the 128 1st Street — Martinez -Perez Property Annexation and Rezoning was held on August 3, 2021. 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 property is developed with a 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 current and proposed future land use designations and current zoning classification of the subject property are as follows: CURRENT LAND USE PROPOSED LAND USE CURRENT ZONING Jurisdiction/Future Land Orange County/Low- City of Ocoee/Low-Density Orange County R-1 Use -Joint Planning Area Density Residential Residential (Single Family Dwelling Land Use Classification (Up to 4 units/acre Less than 4 units/acre District 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 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, 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. The annexation will eliminate an enclave since the property is surrounded on all sides by the City of Ocoee city limits. Rezoning: The parcel will receive an R-1A (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 Feasibility & Public Facilities Analysis Report (See attached): The property is served by City water; however, an extension would be needed for City sanitary sewer. The property currently 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-1A (Single -Family Dwelling) of the Martinez -Perez Property located at 128 1st Street assigned 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 2 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 Mr. Rumer explained to the Planning and Zoning Commission that, since and because of 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 conditions of the private road. 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. Based on the Planning and Zoning Commission 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 1st Street right-of-way to this Property, each property owner along that route would have to convey sufficient property to the City, 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. Staff Recommendations: Based on the above analysis and the subsequent DRC and the Planning and Zoning Commission recommendations for approval, staff recommends that the Honorable Mayor and City Commission approve the ordinances for Annexation and Rezoning for the Martinez -Perez Property located at 128 1st Street 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 3 Financial Impact: None Type of Item: (please mark with an `Y) ® Public Hearing ❑ Ordinance First Reading ® Ordinance Second Reading ❑ Resolution ® Commission Approval ❑ Discussion & Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by For Clerk's Dept Use: ❑ . Consent Agenda �] Public Hearing ❑ Regular Agenda n CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-06-21-21 & RZ-21-06-25 APPLICANT NAME: Jose Guillermo Martinez -Perez PROJECT NAME: 1281ST 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 A. Applicant/Owner 1. Owner (if different from A C. Planner Jose Guillermo Martinez -Perez . Property Location 1. General Location: The property is generally located on the west side of 1st Street and is approximately 1124 feet south of E. Silver Star Road. 2. Parcel Identification Number: 17-22-28-0000-00-069 3. Street Addresses: 128 1St Street 4. Size of Parcels: 1.02 acres Use Characteristics 1. Existing Use: Single -Family Dwelling 2. Proposed use: Single -Family Dwelling 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 h. FIRE DEPARTMENT Shaven Sorenson, Fire Marshal 1. Estimated Response Time: 4 minutes 2. Distance to Property: 2 miles 3. Fire Flow Requirements: NIA Fu 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 IV. Applicant Name: Jose Guillermo Martinez -Perez —128 1st Street Project Name: 128 1st Street — Martinez -Perez Property Annexation & Rezoning Case #: AX-06-21-21 & RZ-21-06-25 ECONOMIC VALUE Gregory Hines, Planner I 1. Property Appraiser Taxable Value: $354,757 2. Property Appraiser Just Value $516,619 3. Estimated City Ad Valorem Taxes: $1862.47' 4. Anticipated Licenses & Permits: N/A 5. Potential Impact Fees: N/A 6. Total Project Revenues: N/A V. BUILDING DEPARTMENTGregory Hines, Planner I: 1. Within the 100-year Flood Plain: No (FIRM Map Number 12095CO220F) VI. UTILITIES. Jen Bolling, Engineering Manager 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 E 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 Lift Station Needed: No 3. Well Protection Area Needed: No 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 C Applicant Name: Jose Guillermo Martinez -Perez —128 15t Street Project Name: 128 15f Street — Martinez -Perez Property Annexation & Rezoning Case #: AX-06-21-21 & RZ-21-06-25 /III. PRELIMINARY CONCURRENCY EVALUATION GregoryHines, Planner I At this time, adequate transportation capacity exists. A. Transportation:; 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: IX. SITE SPECIFIC ISSUES All Departments 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.2021-046 (Annexation Ordinance for 12815t Street — Martinez -Perez Property) TAX PARCEL ID: 17-22-28-0000-00-069 CASE NO. AX-06-21-21: 128 11t Street — Martinez -Perez Property 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 1.02 ACRES LOCATED ON THE WEST SIDE OF 1ST 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 AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 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 THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, 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 annexed. Section 8. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. PASSED AND ADOPTED this ATTEST: day of 52021. APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED AND READ FIRST TIME , 2021 READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY THE , 2021, UNDER AGENDA CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO. TO FORM AND LEGALITY THIS DAY OF ,2021 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION THE SOUTH 160 FEET OF THE NORTHWEST 1A OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, EAST OF LAKE, LESS THE EAST 185 FEET THEREOF LYING AND BEING SITUATED IN ORANGE COUNTY, FLORIDA. ORDINANCE NO.2021-047 (Rezoning Ordinance for 128 1" Street — Martinez -Perez Property) TAX PARCEL ID: 17-22-28-0000-00-069 CASE NO. RZ-21-06-25: 128 V 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-1A SINGLE-FAMILY DWELLING ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.02 ACRES LOCATED ON THE WEST SIDE OF 1ST 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-1 to City of Ocoee R-1A; 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 novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 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-IA. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 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. City Attorney 2021. APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED , 2021 READ FIRST TIME , 2021. READ SECOND TIME AND ADOPTED .2021. UNDER AGENDA ITEM NO. EXHIBIT "A" LEGAL DESCRIPTION THE SOUTH 160 FEET OF THE NORTHWEST '/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 22 SOUTH, RANGE 28 EAST, EAST OF LAKE, LESS THE EAST 185 FEET THEREOF. LYING AND BEING SITUATED IN ORANGE COUNTY, FLORIDA. THIS INSTRUMENT PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER 111 North Orange Avenue Suite 1800 Orlando, Florida 32801 AFTER 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 AGREEMENT [ WATER AND SEWER SERVICE ] Orange Co FL 5836679 11/08/96 01:15:55ps OR Bk 51t%R Pg 3fa73 Rea 51.00 THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this li day of Aio [1 Tyr rf3G 12 , 199J, , 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"). WITNE55ETH: WHF,REAS, 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 annex the Property pursuant OR Bk S I S2 Pg 3674 Orange Co FL 5636679 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 tinder 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 515iR Rg 3675 Orange Co FL 3B36679 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 all 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. - D. 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 pLus, 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. 3 OR Bk � i Me Pg 3676 Orange Co FL. 536679 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 otherwise. 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 S. 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 SERVICE PROVIDED TO THE PROPERTY. THE OWNER HEREBY CONSENTS TO SUCH' DISCONNECTION AND in OR Bk M 1 SP— Pg 367S Orange Co FL 3d36679 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: Jug/E � �.�cyis Print/Type Name /Y/nniyl u L Signature MARIAM .8. QRCeN Print/Type Name FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS FORM AND GALITY this ' day of�li , 199_. FOLEY & L NER ,,,,,,,, By: City Attorney "CITY" CITY OF OCOEE, a Florida municipal corporation By: S. Scott Vandergrift, Ma o Attest: Jj6A Grafton; City.. lerk APPROVED BY PIE OCOEE;CITY COMMISSION AT A MEETING HELD ON l)Jv&,w6&,CI,1991 UNDER AGENDA YM4NO,:Di F. 7 OR Bk S 1 MR Pa.ZMPSO Orange Co FL 5BYA79 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared. S. SCOTT VANDERGREFr 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 jyyjA day of N Ay e M 9y R , 19-4k. �ott4,o MARIAN B GREEN My Commission CC413441 Expires Nov. 04. 1998 Bonded by ANB 800-852-5878 CAWP51100MocorCARPFNrx.nGIVt1101311961tawalsIsMMC:ap )V e�n . NSF as y Signature of Notary MA&VW A CYPEEN Name of Notary (Typed, Printed or stamped) Commission Number (if not legible on seal): _ My Commission Expires (if not legible on seal): [ EXECUTION PAGE FOR INDIVIDUAL OWNER ] IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the 1b- day of , 1911b. 01 Signed, sealed and delivered in the presence of: . S' a re bsc,, to\�r.►oera Print/Typo Name m Print/Type Name STATE OF A o c-s o A - COUNTY OF O f__A4J&. "OWNER„ f � C, � o t5A� 1J� �J N 019 C1 C Co lS S3S�1 1 3i'1 to OR Bk 5152 Pg 3& 81 Orange Cc Fl. 5OW679 I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally , appeared --,Spy\0 4 W creme 2Mroen , who [ ] is personally known to me or [c-1-11roduced �L_OL Cc,�Le1 as identification, and that _±h acknowledged executing the foregoing instrument for the purposes and uses therein described. WITNESS my hand and official seal in the County and State last aforesaid this �'day of , 19 Lam. . F10L#IIBEEiG f;,�,� � MY cOMwtSSlON / OC 58i952 DRRES: ,tune 17. 2DOD Q,, b, Bonded 1Thtu Notary Pd* uAftwi tm C.%WP911M%GCOMFORM51 XWTRSWR.AGMIalllMllYYVa1SIDP13Ap Sianatuy6 of LISA G. HOLMBER; MY COMMISSION / CC 561952 EVIRES: dune 17, 2DOO BW 0 itau NDWY Pd* trod NA t= Name of Notary (rypea, maw or stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 0 The undersigned hereby certifies thatNationsBanc Mortgage Corporation is the holder of a mortgage, lieu 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 encumbrance, which is recorded in Official Records Book a 76Page -3R 2 2 , in the original sum of $ 115, 0 0 0.0 0.- , of the Public Records of Orange County of Florida, shall be subordinated to the foregoing instrument. OR Bk 51 Sca Pg 3682 Orange Co FL 5SM79 Signed, sealed and delivered in the presence of; New York STATE OF &QNVA COUNTY Oir1 ME Its. Senior Vice President (CORPORATE SEAL) Orange Co FL 5811247 10/23/96 02:00:25 is Rec 6.00 Recorded - Martha O. Haynie TffiS IS TO CERI Y, that on this 30tl lay of September , 199 4 before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared Mary Frances Randall , U Senior Vice_ President Of Nat ions Banc Mortgage Corporation who Ed is ptrsonally known to me or [ ] produced as identification, and that who acknowledged ;that _ she as the individual described in and who exec utd the fc,reg�,ina instrument and acknowledged the execution thereof to be Iher free act and deed as such officer thereunto duly authorized, ttuat the official seal of said corporation is duly affixed thereto. IN V MDWS WHEREOF, I have hereunto set my hand and seal on the above date. ' ctwrsnAocstios EgftkM&WXWTPZ 1R.AOM(tntMlisrvoiSIDPRAp 13 NOTARY FUBUC Icy Commission ,expis: -LISA A: MUFFQRD Notary Public, State of New York No. 0I M U�5029939 Qualified in-%4A county °:ommission Expires OR Bk 515P— Rg 3&S3 Orange Co FL 3836679 EXHIBIT "A" LEGAL DESCRIPTION The South 160 feet of the Northwest 1/4 of the Southeast 1/4 of Section 17, Township 22 South, Range 28 East, East of Lake, Less the East 185 feet thereof. Lying and being situated in Orange County, Florida. Recorded - Martha 0. Haynie The undersigned hereby certifies that Nations Banc Mortgage Corporation is the holder of a mortgage, lien or other encumbrance upon the above described property, and that the undersigned hereby johns is 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 A 4 :z 6 , Page -4R 2 2 , in the original sum of $ 115.0 0 0.0 0 _ , of the N-blic Records of Orange County of Florida, shah be subordinated to the foregoing instrument. Signed, sealed and delivered in the presence of: Name Name a't t1l- A web eY' New York STATE OF FMUJWA MA+Jonsgang Mortgage Corporation Its: Senior Vice President (CORPORATE SEAL) Orange Co FL 5811247' 10/23/96 02:00:25pm OR Bk 514iR Pg Z359.� Rec 6.00 Recorded - Martha 0. Haynie TEW IS TO CERTIFY, that on this 30tYday of September , 199 4 before me, an officer duly authorized to take acknowledgements in the State and County aforesaid,personallyappeared Mary Frances Randall ,aS, Senior_ Vice President Of NationsBanc Mortgage Corporation who rlis personally known to me or j l produced as ideiiffloation, and that who acknowledged ;that she as the individual described in and who exocuted the foregoing instrument and acknowledged the execution thereof to be tislher free act and deed as' such officer thereinto duly authorized, that the official seal of said corporation is duly affixed thereto. IN WITNESS WEWJ=F, I have hereunto set my hand and seal on the abo +e date. ;i1�. .. _,,.�T_�'���-�:OY3=%.'r.'(?.�:-.'.FiP�3;v CQl':�,�0;� ,� ,�{;�,�x*• `,:- . • ..'. ,T '�. '; ,.d: •- NOTARY PUBLIC }�r ; 1 - �.,ri�f"t r DATED: Name. �';+ Commission- *SKA." f `iA • �� C14/FS1tDOCSWODF 1i6Wt1�1t/11NSilAYi�ISiDPs y+ My 1 ` r�E" -y '= OF DRD 13 Notary Public, State of New York No. 01 M U-50.29439 Qualified in County Commission Expires - o? _p IC.. 0%R ONS NT AND SU ORDIi.AUON The undersigned hereby certifies that Nations Banc Mortgage Corporation 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 encumbrance, which is recorded in Official Records Book Ag -, c, - , Page -3R 2 ;, , in the original sum of $ 115 , 0 0 0.0 0 , of the Public Records of Orange County of Florida, shah be subordinated to the foregoing instrument. Signed, scaled and delivered in the presence of: Name A New York nkn OF FLQRM& COUNTY Or66ME Its: Senior Vice President (CORPORATE SEAL) THIS IS TO CERTIFY, that On this day of September , 199 4 before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared Mary Frances Randall , a$ Senior Vice President Of Nations Banc Mortgage Corporation who fX1 is personally known to me or [ ] produced _ as identification, and that who acknowledged that w s he as the individual described in and who executed the foregoing instrument and acknowledged the execution thereof to be *Iher free act and deed as' such officer thereunto duly authorized, ftt the official seal of said corporation is duty affixed thereto. IN i'VITNMS i'VHEREOF, I have hereunto set my hand and seal on the above date. NOTARY PUBLIC Name: C'IWMLVXXZ%O EMRMSVXWrRVaLAOMie„iMlIMOISID .* my Commission expires: LISA A. MUFFORD 13 Notary Public, State of New York No. 01 M U5D29439 Qualified in-� County ,ommission Expires _ a —� Martinez -Perez Property - 128 1st Street Location Map r LADE STARK D "onr / R. IR ,YWIA 'IA Martinez -Perez Property - 128 1st Street Surrounding Zoning Map \o oCO(>e „o 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) Medium Density (PUD) High Density (PUD) ■ Public Use (PUD) Unclassified Martinez -Perez Property - 128 1st Street Surrounding Future Land Use Map oco(_>(_> Development Services Department 0 130 260 520 Feet Created: July 2021 13Subject 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/Flood plains (CONS) Recreation and Open Space (REC) Public Facilities/Institutional (INST) Martinez -Perez Property - 128 1st Street Aerial Map COPY OF ADVERTISEMENT Efate Published and Media Name Thursday August 5, 2021 The vilest ®range TLmes 3N Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING 1281ST STREET - aQAR'inag-PEREZ ANNEXATION CASE NUMBER: AX-06-21-21 NOTICE IS TIERERY 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 17, 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 Com- mission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Annexation for 128 1st Street - Martinez -Perez Property. The property is generally located on the west side of 1st Street and is approximately 1124 feet south of E. Silver Star Road. The property is identified as parcel number 17-22-28-0000-00-069 and is approximately L02 acres in size. ORDINANCE No. 2021-046 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMI ELY +/- L02 ACRES LOCATED ON THE WEST SIDE OF 1ST STREET APPROXI MATELY 1124 FEET SOUTH OF E. SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWN- ER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUI$ORDU NG THE UPDATING OF OFFICIAL CITYMAPS; PROVID- ING DERECnON TO THE CITY CLERK, PROVIDING FOR SEVER - ABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FORAN EFFECLTVE DAM _ HarUnQ-PsmiPnpsrty•171 1 atftwt Luaaon Nap Ifthe applicant's request for annexation is approved, the annexation will incorporate the property into the City of Ocoee. Interested parties may appear atthe public hear- ing and be heard with respect to the proposed annexation. Pursuant to Subsection 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 SPA 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 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 ofthese or continued publichearings 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 special accommodations or an interpreter to participate in this pro- ceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. 21-0266OW August 5,12, 2021 COPY OF ADVERTISEMENT Date Published and Media Dame The blest Orange Times Th ursdox August- 5, 9021 ,advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING 1281ST STREET - MARIT NEE PEREZ PROPERTY REZONING TO It lA (SINGLE-FAMILY DWELLING) CASE NUMBER: RZ-21-06-25 NOTICE IS HEREBY GIVEN, pursuant to Article I, Subsection 1-lo, and Article V, Section 5-9, of the City of Ocoee Land Development Code, that on TUESDAY, AUGUST 17, 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 Com- mission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Rezoning for 128 1st Street - Martinez -Perez Property. The property is generally located on the west side of 1st Street and is approximately 1124 feet south of E. Sil- ver Star Road. The property is identified as parcel number 17-22-28-0000-00-069' and is approximately 1.02 acres in size. The requested rezoning would change the property from Orange County R 1(Single Family Dwelling District) to City of Ocoee R lA (Single -Family Dwelling). 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-1A "SINGLE-FAMILY DWELLING" ON CERTAIN REAL PROP- ERTY CONTAINING APPROXIMATELY +/- 1.02 ACRES LOCAT ED ON THE WEST SIDE OF 1ST STREET APPROXIMATELY 1124 FEET SOUTH OF E. SILVER STAR ROAD; PURSUANT TO THE AP- PLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COM- PREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGRFF.MFN'a; PROVIDING FORAND AUTHO- RIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABIIITy; PROVIDING FOR AN EFFECTIVE DATE. The complete case file, including a complete legal description by metes and bounds, maybe inspected at the Ocoee Planning Department located at 150 North Lake- shore Drive, Ocoee, Florida, between the hours of 8:00 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 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 special accommodations 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. August 5, 2021 21-02635W COPY OF ADVERTISEMENT Date Published and Media Name Thursda Au ust 12 `2021 The West Oran e Times 913 Advertisement Or Article SECOND INSERTION - `CITY OF OCOEE NOTICE OF PUBLIC HEARING 1281ST STREET - MARTINEZ-PL7= ANNEXATION CASE NCiMB A, AX 0fi-21.21 NOTICE IS HEREBY.GLVEN, 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.17, 20213 at 6.16 p.nu or as soon thereafter as practical, the OCOEE CITY COi RL FISSION will hold a PUBLIC HEARING at the City of Ocoee Com- mission .Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to .consider the Annexation for.128 1st Street - Martinez -Perez Property. The property is generally located on the west side o£lst Street and is approximately 1124 feet southof C, Silver Star Road. The property is identified as parcel number 17-22-28-0000-oo-o6g and is approximately 1,02 acres in size. ORDINANCE NO.2021.046 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +1-1.02 ACRES LOCATED ON THE VEST SIDE OF. 1ST STREET APPRORI- MATELY 1124.IrI?I 'T SOUTH OF E. SH VER STAR ROAD; PURSUANT TO 'TILE APPLICATION SUBMITTED BY THE PROPERTY OWN- ER; FINDING SAID ANNEXATION TO BE.CONSISTEN'T. WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT, PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVID ..ING DIRECTION TO TLII CITY CLERK; PROVIDING FOR SEVER- ABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVL DATE. _ eearlfn -perei Property• f=e W sbeal l Cetlee leap - i 7 Oil f e. Ifthe applicant's requestfor annexation is approved, the annexation will incorporate the property into the City o£Ocoee, Interested parties may appear at the public hear- ing and be heard with respect to the proposed annexation. Pursuant to Subsection 5-9 73.: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 fiie,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 o£ 8:00 a.m. and 6:00 p.m„ Monday through Friday, except legal holidays, The Ocoee City Commission may . continue tbe.public hearing to other dates and times, as it deems necessary, :Ally interested party shall be advised of the dates, times, and places of any continuation . oftbe,;e pr continued public hearings shall be announced during the hearing, and no further notices regarding these.matters will be published. Yon are advised that any person who desires to appeal any decision made at.tbe 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 special accommodations or an interpreter to participate in this pro- ceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407),D05-3105. August fi,12, 2021 21-02640W.