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HomeMy WebLinkAboutItem #15 Second Reading of Ordinance - Homes in Partnership, N Lakewood Avenue ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 6, 2015 Item # Reviewed By: 0 Contact Name: Mike Rumer Department Director: Contact Number: (407) 905-3100 x 1018 City Manager: ,y* Subject: Homes In Partnership- N Lakewood Ave Annexation and Rezoning Project No(s): AX-05-15-54 & RZ-15-05-06 Commission District#1 —Vacant ISSUE: Should the Honorable Mayor and City Commission approve the ordinance for Annexation and the Initial Zoning (R-1) for the Homes in Partnership N Lakewood Ave Properties? BACKGROUND: General Location: The subject properties are located on the west side of N Lakewood Ave and 13th Avenue. The three parcels are contiguous. Parcel Identification Number(s): 08-22-28-5956-12-050, 08-22-28-5956-12-070, & 08-22-28-5956-12-080 Physical Address: Not Addressed Property Size: +1- 0.52 acres. Two lots are 7,500 square feet and one is 7,750 square feet Actual land use, proposed land use and unique features of the subject property: The three parcels are vacant. The future land use of the subject property CURRENT PROPOSED Jurisdiction/Future Land Orange County/ Low Density City of Ocoee/ Low Density Use-Joint Planning Area Residential Residential Land Use Classification (@ Less than 4 dwelling units/acre) (@ Less than 4 dwelling units/acre) Jurisdiction/Zoning Orange County/"R-2" City of Ocoee/"R-1" Classification "Single-Family Dwelling" "Single-Family Dwelling" City Commission Meeting Date:October 6,2015 Project: Homes in Partnership N Lakewood Ave Project Number(s): AX-05-15-54&RZ-15-05-06 The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North Orange County/ Low Density Orange County/"R-2" Residential East Orange County/ Low Density Orange County/"R-2" Residential South Orange County/ Low Density Orange County/"R-2" Residential West City of Ocoee/ Low Density Ocoee/ PUD-LD Residential 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 located within the City limits on the west side. Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Rezoning: City staff has requested a City of Ocoee zoning designation of R-1 (Single-Family Dwelling), which is consistent with the zoning of the adjacent Orange County properties. According to the Land Development Code, the R-1 zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential". The R-1 zoning designation is consistent with the adopted future land use designation of Low Density Residential, as shown on the City of Ocoee & Orange County Joint Planning Area future land use map. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added]. Annexation Feasibility & Public Facilities Analysis Report (See attached): Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an enclave in the City, it already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Development Review Committee (DRC) Recommendation: On August 12, 2015, the DRC met to determine if the proposed annexation and rezoning was consistent with the City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval of the annexation and rezoning for the Homes in Partnership N Lakewood Ave Properties. 2 City Commission Meeting Date:October 6,2015 Project: Homes in Partnership N Lakewood Ave Project Number(s):AX-05-15-54&RZ-15-05-06 Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed annexation and rezoning on August 26, 2015. City Staff presented a brief summary and overview of the requested actions. After finishing its deliberations, the Planning & Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the Annexation and rezoning to R-1 of Homes In Partnership N Lakewood Ave Properties. Recommendations Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Annexation Ordinance and Rezoning Ordinance of the +/- 0.52 acres known as the Homes In Partnership N Lakewood Ave Properties, with an Initial Zoning classification of"R- 1". Attachments: Annexation Feasibility Analysis Location Map Future Land Use Map Surrounding Zoning Map Aerial Map Annexation Ordinance Rezoning Ordinance Annexation Agreement Financial Impact: None None Type of Item: (please mark with an "x") X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading )( Public Hearing Resolution Regular Agenda X 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 N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 3 CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER(S): AX-05-15-54 & RZ-15-05-06 APPLICANT NAME: HOMES IN PARTNERSHIP PROJECT NAME: N LAKEWOOD AVE ANNEXATION AND REZONING This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I. PLANNING DEPARTMENT Michael Rumer, City Planner A. Applicant/Owner 1. Owner (if different from Applicant): Homes in Partnership B. Property Location 1. General Location: The subject property is located on the east side of N Lakewood Ave and on 13th Ave. 2. Parcel Identification Numbers: 08-22-28-5956-12-050, 08-22-28-5956-12-070, & 08- 22-28-5956-12-080 3. Street Addresses: N/A 4. Size of Parcels: Total +/- 0.52 acres, two parcels are 7,500 square feet and one is 7,750 square feet C. Use Characteristics 1. Existing Use: Vacant 2. Proposed Use: Single-Family Residential Development 3. Density/ Intensity: Not to exceed 4 dwelling units/acre 4. Projected Population: 9 D. Zoning and Land Use 1. Orange County Future Land Use: Low Density Residential 2. Orange County Zoning: R-2 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: R-1 E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Chief J. Miller 1. Estimated Response Time: 2-4 minutes 2. Distance to Property: 2 Miles (Fire Station 38) 3. Fire Flow Requirements: N/A III. POLICE DEPARTMENT Chief Charlie Brown 1. Estimated Response Time: 2-4 minutes 2. Distance to Property: N/A, Property is located in a patrol zone Page 1 of 1 Applicant Name:Homes in Partnership Project Name:Lakewood Avenue Annexation and Rezoning Case#:AX-05-15-54&RZ-15-05-06 3. Average Travel Time 4 minutes IV. ECONOMIC VALUE Michael Rumer, City Planner 1. Property Appraiser Taxable Value: $14,000 each 2. Property Appraiser Just Value Same as above 3. Estimated City Ad Valorem Taxes: Unknown 4. Anticipated Licenses & Permits: Unknown 5. Potential Impact Fees: $6,640.00 6. Total Project Revenues: Unknown V. BUILDING DEPARTMENT Michael Rumer, City Planner 1. Within the 100-year Flood Plain: No VI. UTILITIES David Wheeler, P.E. 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 East side of N Lakewood Ave Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: No 3. Extension Needed: Yes 4. Location and Size of 12 Inch Force on N Lakewood Ave at Klinger Ct. Nearest Force Main: 5. Annexation Agreement Needed: No C. Other 1. Utility Easement Needed: Yes for Potable Water 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 2 Applicant Name:Homes in Partnership. Project Name: Lakewood Avenue Annexation and Rezoning Case#:AX-05-15-54&RZ-15-05-06 VII. TRANSPORTATION Michael Rumer, City Planner 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analysis Zone: 568 VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists; however, this condition B. Parks/ Recreation: may change and will be subject to a concurrency evaluation during the subdivision plan approval process. At this time, adequate water and sewer capacity exists; however, this C. Water/Sewer: condition may change and will be the subject to a concurrency evaluation during the subdivision plan approval process. The applicant will be required to handle the stormwater on-site, according to D. Stormwater: the City Code and the regulations of the St. John's River Water Management District. At this time, adequate solid waste capacity exists; however, this condition may E. Solid Waste: change and will be the subject to a concurrency evaluation during the site plan approval process. F. Impact Fees: Actual impact fees will be calculated during issuance of a Building Permits. Lots are vested from concurrency. G. Public School IX. SITE SPECIFIC ISSUES Michael Rumer, City Planner All lots are undeveloped. X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 Homes in Partnership Annexation Lakewood Ave. Location Map Fullers Cross 5th Harris J 10th hi L pm °0 thin °r 0 `i 'I 12th `+ -I -I pi 13th lorcornicsni c Wurst 15th ` p 16th 1 17th 1 ..c aotln9 - _c ..., .....„ co C/) LO -1--1 CO x- > Ct. Q CV n U "0 l' i:[____ 11::::: III: Jto ... J aL • OOM ''�. 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' t'., , 1 s.... . ' - , ,:2:111101eignik is I. . , v.1 cm-AA 1-,■ ' ' . .,,lir"1,1111k':-.-., _. 44°111$111: '� ;•.. ; yr, 4 ..fir. r :Pit by z err L 11:' . ,.-- .. ORDINANCE NO. 2015-016 (Annexation Ordinance For Homes in Partnership N Lakewood Ave) TAX PARCEL ID #s 08-22-28-5956-12-050, 08-22-28-5956-12-070, & 08-22-28-5956-12-080; CASE NO. AX-05-15-54: Homes in Partnership N Lakewood Ave 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 0.52 ACRES LOCATED ON THE WEST SIDE N LAKEWOOD AVENUE AND ON THE SOUTH SIDE OF 13TH AVE; 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 or owners of certain real property located in unincorporated Orange County, Florida, as hereinafter described, have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 0.52 acres of property as more particularly described in Exhibit"A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said application 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 Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has 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, to be consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has recommended to -1- 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 owner 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 7 of Article I of the Charter of the City of Ocoee, Florida. SECTION 2. Petition. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. SECTION 3. Annexation. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF). 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 4. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof SECTION 5. Consistency Finding. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. SECTION 6. Corporate Limits. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. SECTION 7. Official Mans. The City Clerk is hereby authorized and directed to -2- 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. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10. 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 11. Effective Date. This Ordinance shall take effect 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 and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven(7) days from the date of adoption. PASSED AND ADOPTED this day of , 2015. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk John Grogan, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; ADVERTISED AND APPROVED AS TO FORM READ FIRST TIME ,2015. AND LEGALITY READ SECOND TIME AND ADOPTED this_day of , 2015. ,2015 UNDER AGENDA ITEM NO. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney -3- EXHIBIT "A" LOT 5 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBUC RECORDS OF ORANGE COUNTY, FLORIDA. LOT 7 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBUC RECORDS OF ORANGE COUNTY, FLORIDA. LOT 8 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. -4- EXHIBIT "B" Homes in Partnership Annexation Lakewood Ave. Location Map v , F Ile I os 5t Harms 1 h 1 . la' II T L. -71 10] _____•?, -- --7- I --' 471. CI 1--113 ,1 CO _ ' 12th l Ei, -- 1k -E zr: it'I dra - ---F' w 1 Ili . di6 {TAIIII I Wurst r — �r��n r1T M 1__ z - _i 15th\\,.) r- , r 0 __________ 7_ _ _____ _ i p 17th �- � _ �_ --- --r---. -5- ORDINANCE NO. 2015-017 (Rezoning Ordinance For Homes in Partnership N Lakewood Ave) TAX PARCEL ID # 08-22-28-5956-12-050, 08-22-28-5956-12-070, & 08-22-28-5956-12-080; CASE NO. RZ-15-05-06: Homes in Partnership N Lakewood Ave Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2, "LOW DENSITY RESIDENTIAL" TO OCOEE R-1, "SINGLE FAMILY DWELLING," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.52 ACRES LOCATED ON THE WEST SIDE N LAKEWOOD AVENUE AND ON THE SOUTH SIDE OF 13TH AVE; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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 0.31 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County R-2, "Low Density Residential," to Ocoee R-1, "Single Family Dwelling;" 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 Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the"JPA Agreement"); WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; WHEREAS,pursuant to the provisions of Section 6(B)of the JPA Agreement,the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee("PZC"); WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; WHEREAS,the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Rezoning; 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 0.52 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County R-2, "Low Density Residential,"to Ocoee R-1, "Single Family Dwelling;" SECTION 3. MAP. A map of said land herein described, which clearly shows the area of Rezoning, is attached hereto as Exhibit"B" and by this reference is made a part hereof. SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the JPA Agreement. SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 2 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2015. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk John Grogan, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED ,2015 THE CITY OF OCOEE,FLORIDA; READ FIRST TIME ,2015. APPROVED AS TO FORM READ SECOND TIME AND ADOPTED AND LEGALITY ,2015 UNDER this_day of ,2015. AGENDA ITEM NO. SHUFFIELD LOWMAN & WILSON,P.A. By: City Attorney 3 EXHIBIT "A" LOT 5 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT 800K 0, PAGE 68 OF THE PUBUC RECORDS OF ORANGE COUNTY, FLORIDA. LOT 7 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA. LOT 8 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA. -4- EXHIBIT "B" Homes in Partnership Annexation Lakewood Ave. Location Map V 1 -_ Fullers Cross 5t 1 Harris I o -_ L I 1- Ii -_- ____0_ ______ iit_ .:... L - Y - I -in Fl- . • iIf -12th __--2' --1 — , 1 NI ' I TE m*il it 5, -- _�_-- 1_ i st;r� �✓ W I W VVurst , - ' inTtffi ril \I I . I I , -\z 15th -- -r' \/„ U�- - _ _ 0 7 . L _I _.' : _ ._17th__ __ , 5 AFTER RECORDING THIS INSTRUMENT SHOULD BE RETURNED TO: Beth Eikenberry,City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee,Florida 34761 Tax Parcel Identification Number(s): 08-22-28-5956-12-050 08-22-28-5956-12-070 08-22-28-5956-12-080 ANNEXATION AGREEMENT, (HOMES IN PARTNERSHIP) THIS ANNEXATION AGREEMENT (this "Agreement") is made and entered into this day of , 2015, 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 HOMES IN PARTNERSHIP, a Florida not-for-profit corporation, whose mailing address is 235 E 5th Street, Apopka, Florida 32703 (the "Owner"). WITNESSETH: WHEREAS, the Owner owns certain real properties located in unincorporated Orange County, Florida consisting of approximately .52 acres located at N Lakewood Avenue and 13th Avenue, Ocoee, Florida 34761, Tax Parcel Identification Number(s) 08-22-28-5956-12-050, 08- 22-28-5956-12-070, & 08-22-28-5956-12-080 as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and WHEREAS, pursuant to Section 171.044, Florida Statutes, the Owner has petitioned the City Commission of the City (the "Ocoee City Commission") to voluntarily annex the Property into the corporate limits of the City(the "Petition"); and WHEREAS, at the time of annexation, the Property meets Orange County, Florida (the "County") R-2 zoning standards and requirements; and WHEREAS, upon annexation, the City of Ocoee (the "City") will apply a comparable City zoning designation, R-1, to the Property; and WHEREAS, the lot widths for the Property are not comparable to the City's minimum requirements for lot width in R-1 zoning; and WHEREAS, Owner intends to apply for and obtain building permits from the City for all three lots; and WHEREAS, the City recognizes the lots conform with County R-2 zoning requirements, are developable under the County's code, and are developable under the City's R-1 zoning category; and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that the Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for 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. WHEREAS, the City and Owner desire to address in this Agreement certain terms 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 may 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. 2015-016 for Case No. AX-05-15- 54 (the "Annexation Ordinance"), thereby redefining the corporate territorial limits of the City to include the Property. -2- Section 4. Development of the Property. A. The City agrees that, upon annexation into the City, Owner shall seek development approval to develop the Property in accordance with this Agreement and that, for purposes of lot width, said Property shall be deemed to meet the zoning requirements of the City's R-1 zoning district based upon the Property's conformity with County R-2 zoning. 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 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 6. Representations 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 free 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 Helena Ryan, Registered Agent, 1520 Alabama Street, Winter Park, Florida 32789. 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 under 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 11. 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, AGREE TO 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. H. 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. -4- 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. 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. -5- IN WITNESS WHEREOF,the City has caused this Agreement to be executed as of the day and year first written above. "CITY" Signed, sealed and delivered in the presence of: CITY OF OCOEE, a Florida municipal corporation Signature By: Print/Type Name John Grogan,Mayor Attest: Signature Beth Eikenberry, City Clerk Print/Type Name (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND APPROVED BY THE OCOEE CITY LEGALITY COMMISSION AT A MEETING HELD This day of ,2015 ON ,2015 UNDER AGENDA ITEM NO. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney -6- 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 acknowledgments, personally appeared JOHN GROGAN and BETH EIKENBERRY, 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 day of , 2015. 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): • -7- IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed the day of , 2015. "OWNER" Signed, sealed and delivered HOMES IN PARTNERSHIP, in the presence of: a Florida not-for-profit corporation By: Signature Name: Title: Print/Type Name By: Signature Name: Title: Print/Type Name (CORPORATE SEAL) STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and as and , respectively of HOMES IN PARTNERSHIP, a Florida not-for-profit corporation, 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 , 2015. 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): -8- EXHIBIT "A" The "Property" LOT 5 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. LOT 7 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBUC RECORDS OF ORANGE COUNTY, FLORIDA. LOT 8 NORTH OCOEE ADDITION NO.1 , ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 0, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. -9-