Item 11 Second Reading of Ordinance for HS Construction LLC Property – 13th Avenue, Lot 4, Annexation & Rezoning; Project No(s): AX-09-20-89 & RZ-20-09-08 404r
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: November 17, 2020
Item #: I t
Reviewed By: ` �-
Contact Name: Kiel Gajadhar, Zoning Manager Department Director: Mic ,.J Contact Number: 407-554-7079 City Manager: Ro T ,gt,r
Subject: HS Construction LLC Property— 13th Ave. Lot 4
Annexation and Rezoning
Project No(s): AX-09-20-89 & RZ-20-09-08
Commission District#1 — Larry Brinson, Sr.
Background Summary:
The First Reading of the Annexation and Rezoning for HS Contruction LLC Property - 13th Ave. Lot 4, was
on November 3, 2020.
General Location: The property is located approximately 170 feet to the north of Wurst Rd. and 220
feet east of N. Lakewood Ave.
Parcel Identification Number(s): 08-22-28-5956-12-040
Property Size: +/- .18 acres.
Actual land use, proposed land use, and unique features of the subject property: The parcel is vacant.
The future land use classification of the subject property:
CURRENT PROPOSED
Jurisdiction/Future Land Use-Joint Orange County/(Low Density Residential) City of Ocoee/Low
Planning Area Land Use Classification (@ Less than 4 dwelling units/acre) Density Residential
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Orange County/Low Density Residential Orange County/"R-2"
East Orange County/Low Density Residential Orange County/"R-2"
South Orange County/ Low Density Residential Orange County/"R-2"
West City of Ocoee/ Low Density Residential City of Ocoee/"R-1"
1
Consistency with State & Local Regulations:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not
create an enclave. The subject property is considered contiguous to the City of Ocoee since it is bordered
by property located within the City limits on the west.
Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the proposed JPA Agreement.
Rezoning: The parcel will receive an "R-1" (Single-Family Dwelling) zoning 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 located within
the Ocoee-Orange County JPA area and is bordered by the City of Ocoee to the west. The property
already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange
County. The property will require City of Ocoee water service.
Summary: The proposed annexation is a logical extension of the City limits, urban services can be
provided, and the annexation meets state and local regulations.
Issue:
Should the Honorable Mayor and City Commission approve the annexation and rezoning from "Orange
County" R-2 (Single-Family Dwelling) to "City of Ocoee" R-1 (Single-Family Dwelling) of the property
known as Parcel ID 08-22-28-5956-12-040?
Development Review Committee Recommendation:
On October 7, 2020, the DRC met to determine if the proposed annexation and rezoning were
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 HS Construction LLC
Property.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) met on October 13, 2020, to review the proposed
Annexation and Rezoning. No issues or concerns were brought up. When deliberations finished, the
Planning and Zoning Commission voted unanimously to recommend approval of the Annexation and
Rezoning for Parcel ID 08-22-28-5956-12-040.
2
Staff Recommendations:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the
Honorable Mayor and City Commission approve ordinances for Annexation and Rezoning for the HS
Construction LLC Property, also identified as Parcel ID 08-22-28-5956-12-040.
Attachments:
Feasibility Report
Annexation Ordinance
Rezoning Ordinance
Annexation Agreement
Location Map
Zoning Map
Future Land Use Map
Aerial
Financial Impact:
None
Type of Item: (please mark with an `x')
O Public Hearing For Clerk's Dept Use:
0 Ordinance First Reading 0 Consent Agenda
• Ordinance Second Reading Public Hearing
❑ Resolution 0 Regular Agenda
O 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
3
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER:AX-09-20-89 & RZ-20-09-08
APPLICANT NAME: Marlen Alvarez & Daniel Herrera
PROJECT NAME:ALVAREZ PROPERTY ANNEXATION
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 Gregory Hines, Planner I
A. Applicant/Owner
1. Owner (if different from Applicant): HS Construction LLC
B. Property Location
1. General Location: Located on 13th Avenue; east of N. Lakewood Avenue
2. Parcel Identification Number: 08-22-28-5956-12-040
3. Street Addresses: 13th Avenue
4. Size of Parcels: 0.18 acres
C. 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-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 Shawn Sorenson, Fire Marshal
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 Lt. Scott Nylander, Police
1. Police Patrol Zone/ Grid /Area: 5
2. Estimated Response Time: • 14mins
3. Distance to Property: • 4.7 miles
3. Average Travel Time 12mins
Page 1 of 3
Applicant Name:Marlen Alvarez&Daniel Herrera
Project Name:Alvarez Property Annexation
Annexation&Rezoning
Case#:AX-09-20-89&RZ-20-09-08
IV. ECONOMIC VALUE Gregory Hines, Planner I
1. Property Appraiser Taxable Value: $173,245
2. Property Appraiser Just Value $173,245
3. Estimated City Ad Valorem Taxes: $909.54
4. Anticipated Licenses & Permits: N/A
5. Potential Impact Fees: N/A
6. Total Project Revenues: N/A
V. BUILDING DEPARTMENT Gregory Hines, Planner I
1. Within the 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: Yes
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
VII. TRANSPORTATION Gregory Hines, Planner I
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 568
Page 2 of 3
Applicant Name: Marlen Alvarez&Daniel Herrera
Project Name:Alvarez Property Annexation
Annexation&Rezoning
Case#:AX-09-20-89&RZ-20-09-08
VIII. PRELIMINARY CONCURRENCY EVALUATION Gregory Hines, 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 I
This property is contiguous with the City Limits and will reduce the area of an enclave;
therefore, this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes.
Page 3 of 3
ORDINANCE NO. 2020-036
(Annexation Ordinance for HS Construction LLC Property—13th Ave. Lot 4)
TAX PARCEL ID: 08-22-28-5956-12-040
CASE NO. AX-09-20-89: HS Construction LLC Property—13th Ave. Lot 4
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/- 0.18
ACRES LOCATED TO THE NORTH OF WURST ROAD AND EAST OF
N. LAKEWOOD AVENUE, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SAID
ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN,THE OCOEE CITY CODE; PROVIDING FOR
AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission")to
annex approximately +/- 0.18 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 October 13, 2020, 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 day of , 2020.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2020
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY THE , 2020,UNDER AGENDA
CITY OF OCOEE, FLORIDA APPROVED AS ITEM NO.
TO FORM AND LEGALITY THIS DAY
OF ,2020
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 4, Block 12, of NORTH OCOEE ADDITION NO. 1, according to the Plat thereof, as recorded
in Plat Book 0, Page 68, of the Public Records of Orange County, Florida.
EXHIBIT "B"
HS Construction LLC Property
Location Map
12th Avenue
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13th -nue
cu
11111
Wurst Road
15th Avenue
ORDINANCE NO. 2020-037
(Rezoning Ordinance for HS Construction LLC Property—13th Ave. Lot 4)
TAX PARCEL ID: 08-22-28-5956-12-040
CASE NO. RZ-20-09-08: HS Construction LLC Property—13th Ave. Lot 4
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2,
"SINGLE FAMILY" TO CITY OF OCOEE R-1, "SINGLE FAMILY" ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.18
ACRES LOCATED TO THE NORTH OF WURST ROAD AND EAST OF
N. LAKEWOOD AVENUE, 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
+/- 0.18 acres, more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof, from"Orange County" R-2 to "City of Ocoee"R-1; 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 October 13, 2020, 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 November 17, 2020, 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 +/- 0.18 acres located
within the corporate limits of the City of Ocoee,Florida,is hereby changed from"Orange County"
R-2 to "City of Ocoee"R-1. A map of said land herein described which clearly shows the area of
the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof
SECTION 3. COMPREHENSIVE PLAN. The 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 , 2020.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
•
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2020
READ FIRST TIME ,2020.
READ SECOND TIME AND ADOPTED
,2020.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2020.
SHUFFIELD LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 4, Block 12, of NORTH OCOEE ADDITION NO. 1, according to the Plat thereof, as recorded
in Plat Book 0, Page 68, of the Public Records of Orange County, Florida.
EXHIBIT "B"
HS Construction LLC Property
Location Map
l
12th Avenue
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22
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_I Mill ,
Z Wurst Road
15th Avenue
AFTER RECORDING THIS INSTRUMENT
SHOULD BE RETURNED TO:
Melanie Sibbitt, City Clerk
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee,Florida 34761
Tax Parcel Identification Number(s):
08-22-28-5956-12-040
ANNEXATION AGREEMENT
(HS CONSTRUCTION LLC)
THIS ANNEXATION AGREEMENT (this "Agreement") is made and entered into this
day of , 2020, 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 HS CONSTRUCTION LLC, whose mailing address is 127 11th Ave.
Ocoee, Florida 34761 (the "Owner").
WITNESSETH:
WHEREAS, the Owner owns certain real properties located in unincorporated Orange
County, Florida consisting of approximately .18 acres located on 13th Avenue, Ocoee, Florida
34761,Tax Parcel Identification Number(s) 08-22-28-5956-12-040 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 the
lot; and
WHEREAS, the City recognizes the lots conform with County R-1 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. 2020- for Case No. AX-09-20-89
(the "Annexation Ordinance"), thereby redefining the corporate territorial limits of the City to
include the Property.
Section 4. Development of the Property.
-2-
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-1 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 HS Construction
LLC, 127 11th Ave. Ocoee, Florida 34761. 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.
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
-3-
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 sub-parcels 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.
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.
-4-
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.
O. 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 Rusty Johnson,Mayor
Attest:
Signature Melanie Sibbitt, 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 ON
This day of ,2020 ,2020
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 RUSTY
JOHNSON and MELANIE SIBBITT,personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they severally
acknowledged executing the same on behalf of said municipality in the presence of two
subscribing witnesses freely and voluntarily 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 , 2020.
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 , 2020.
"OWNER"
Signed, sealed, and delivered HS CONSTRUCTION LLC,
in the presence of: a Florida 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 HS CONSTRUCTION
LLC, 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 , 2020.
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"
LEGAL DESCRIPTION
Lot 4, Block 12, of NORTH OCOEE ADDITION NO. 1, according to the Plat thereof, as
recorded in Plat Book 0, Page 68, of the Public Records of Orange County, Florida.
-9-
HS Construction LLC Property
Location Map
Harris Rdad
I
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nue a),
11 th AJenue 4111,
i 17th ve_]ue
4111
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HS Construction LLC
Surrounding Zoning Map
0 . ik.W.4-
ocoee A-1
i
Development Services *„:
Department ,'r
r ❑ 10th Avenue Northern Durango Avenue
0 120 240 480
Feet
PUD-LD
October 2020 11thAvenue
I i
m m
QSubject Property
12th Avenue
Zoning Classification: �„s — E Little AspenCourt
General Agricultural (A-1)
, R-)
in Suburban (A-2)
111111111 a
Single-Family Dwelling (R-1AAA) -: x vgiti 13thAvenue
f ••rJ ig {tirrJti• s _R
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Single-Family Dwelling (R-1AA) • 4 V I I, R-h R-1
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Single-Family Dwelling (R-1) ' j 1 OUD-L�_.L_L,._ i '
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One- &Two-Family Dwelling (R-2) amgercoveRoad --i
NM Multiple-Family Dwelling (R-3) 1 I \ I i _ - pill
EMIMobile Home Subdivision (RT-1) _•
mi Professional Offices & Services (P-S) z 15thAvenue mL Little Rock Court
..
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Mil General Commercial (C-3) R-1 AA z ��� oun
Restricted Manufacturing NE
Z 16thAvenue •
MI &Warehousing (I-1) I p,,,
MN General Industrial (1-2)
Commercial (PUD) id,
Low Density (PUD) :1 - ,�
En Medium Density (PUD) Aill
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gga High Density (PUD)
11111 Public Use (PUD) ::�:{ �f :r�:frr� ;r�r= ' _
e Unclassified "}'f jf-' N� R7-14
HS Construction LLC
Surrounding Future Land Use Map
0 40.4. a)
ocoee
C
Development Services --C CD
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mommir
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0 80 160 320 C
CIN Feet > ns
Created: October 2020 =
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a Subject Property Y C
Future Land Use Classification: J ■ >
Low Density Residential (LDR)
Medium Density Residential (MDR) Z O
MI High Density Residential (HDR) �'� I _ iIiI
e a)
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Ell Professional Offices and Services (PS
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Light Industrial (LI) .
= Heavy Industrial (HI) ,
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PM,, Recreation and Open Space (REC) '
Public Facilities/Institutional (INST)
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13th Ave Lot 4
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COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursday,November 5.2020
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
HS CONSTRUCTION LLC PROPERTY-13TH AVENUE LOT 4
ANNEXATION
CASE NUMBER:AX-09-20-89
NOTICE IS HEREBY GIVEN,pursuant to Article I,Subsection 1-10(A)(1),of
the City of Ocoee Land Development Code,that on TUESDAY,NOVEMBER 17,
2020, AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COM-
MISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Cham-
bers,150 North Lakeshore Drive,Ocoee,Florida,to consider the annexation for a
parcel identified as parcel number:08-22-28-595642-040.The subject property is
approximately 0.18 acres in size and is located at I3TH Avenue,Lot 4.
ORDINANCE NO.2020-036
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-0.18
ACRES LOCATED TO Mt NORTH OF WURST ROAD AND EAST OF
N.LAKEWOOD AVENUE,PURSUANT TO THE APPLICATION SUB-
MTITED BY THE PROPERTY OWNER;FINDING SAID ANNEXATION
TO BE CONSISTENT WITH IHh OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING
THE UPDATING OF OFFICIAL CITY MAPS;PROVIDING DIRECTION
TO THE CITY CLERK;PROVIDING FOR SEVERABILTTY;REPEAL-
ING INCONSISTENT ORDINANCES;PROVIDING FOR AN EFFEC-
TIVE DATE. —
HS Construction LLC Property
Location Map
m 2t1LAvenue
v
Q
3th Avenue
"111111u Road
e l 15th Avlenur
If the applicant's request for annexation is approved,the annexation woulda-
in-
corporate the property into the City of Ocoee.Interested parties may appear
the public hearing and be heard with respect to the proposed annexation.Pur-
suant to Subsection 5-9 B.of the Land Development Code,the Planning Direc-
tor 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.
Interested parties may appear at the meeting and be heard with respect to the
proposed actions;however, attendance inside the Ocoee Commission Chambers
may be limited to accommodate social distancing and is subject to change based
on the Governor's Executive Order.This meeting is broadcasted live on Spectrum
Channel 493 with a live stream at www.Ocoee.org/197/Ocoee- Any
sted
party is invited to offer comments and/or questions during the hearing by email-
ing citizens@ocoee.org or calling 407-554-7118 or by registering in advance by
emailing citizens @ocoee•org or calling 407-905-3105,and City staff will call you
during the live meeting.The complete case file,including a complete legal descrip-
tion by metes and bounds,may be inspected at the Ocoee Planning Department
located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00
a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City
Commission may continue the public bearing 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
rslwill bme published.
blat the .You
are advised that any person who desires to appeal any deneed topublic
hearings will need a record of the proceedings and for this purposemay
en-
sure that a verbatim record of the proceedings is made which includes the testimony
and evidence upon which the appeal is based. In accordance with the Americans
with Disabilities Act,persons needing a special accommodation or an interpreter
to participate in this proceeding should contact the City Clerk's Office 48 hours in
advance of the meeting at(407)905-3105. 2O_04441W
November 5,12,2020
COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursdav,November 5,2020
I
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
HS CONSTRUCTION LLC PROPERTY-13TH AVENUE LOT 4
REZONING TO SINGLE FAMILY DWELLING(R-1)
CASE NUMBER:RZ-20-09-08
NOTICE IS HEREBY GIVEN,pursuant to Article I,Subsection 1-10(A)(1),of the
City of Ocoee Land Development Code,that on TUESDAY,NOVEMBER 17,2020,
AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150
North Lakeshore Drive,Ocoee,Florida,to consider the rezoning for a parcel identi-
fied as parcel number:08-22-28-5956-12-040.The rezoning would be from Orange
County R-2"Single Family Dwelling"to City of Ocoee R-1"Single Family Dwelling".
The subject property is approximately 0.18 acres in size and is located at 13TH Av-
enue,Lot 4.
AN ORDINANCE OF 11 h CITY OF OCOEE,FLORIDA,CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-2,"SIN-
GLE FAMILY"TO CITY OF OCOEE R-1,"SINGLE FAMILY"ON CER-
TAIN REAL PROPERTY CONTAINING APPROXIMATELY +/- 0.18
ACRES LOCATED TO THE NORTH OF WURST ROAD AND EAST OF
N.LAKEWOOD AVENUE,PURSUANT TO 1'lih APPLICATION SUB-
MITTED BY THE PROPERTY OWNER;FINDING SUCH ZONING TO
BE CONSISTENT WITH 1Hh OCOEE COMPREHENSIVE PLAN;PRO-
VIDING FOR AND AUTHORIZING 1'Hh REVISION OF THE OFFICIAL
CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE
DATE.
Interested parties may appear at the meeting and be heard with respect to the
proposed actions;however,attendance inside the Ocoee Commission Chambers
may be limited to accommodate social distancing and is subject to change based
on the Governor's Executive Order.This meeting is broadcasted live on Spec-
trum Channel 493 with a live stream at www.Ocoee.org/197/Ocoee-TV.Any
interested party is invited to offer comments and/or questions during the hear-
ing by emailing citizens@ocoee.org or calling 407-554-7118 or by registering
in advance by emailing citizens@ocoee.org or calling 407-905-3105,and City
staff will call you during the live meeting.The complete case file,including a
complete legal description by metes and bounds,may be inspected at the Ocoee
Planning Department located at 150 North Lakeshore Drive,Ocoee,Florida
between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except
legal holidays.The Ocoee City Commission may continue the public hearing
to other dates and times,as it deems necessary. Any interested party shall be
advised of the dates,times,and places of any continuation of these or continued
public hearings shall be announced during the hearing and no further notices
regarding these matters will be published.You are advised that any person who
desires to appeal any decision made at the public hearings will need a record of
the proceedings and for this purpose may need to ensure that a verbatim record
of the proceedings is made which includes the testimony and evidence upon
which the appeal is based. In accordance with the Americans with Disabilities
Act,persons needing a special accommodation or an interpreter to participate
in this proceeding should contact the City Clerk's Office 48 hours in advance of
the meeting at(407)905-3105.
November 5,2020 20-04435W
Date Published and Media Name
SECOND Il`' SERTTON
CITY CIP OCCDEE
NOTICE OF PUBLIC 11EARINCI
III CCDNSI'RUCTICDN LLC PROPERTY -13TH AVENUE I O`l
A'IVNIX,E4,TION
CASE NUMBER: AX-og-20.89
NOTICE IS HERP.BY GIVEN, pursuant to .Article 1, Subsection I-Io(A)(t), of
the City of Ocoee Land, l'Development. Code, that on TUESIDAY, NOVEMBE,R 17,
2o2o, AT 6:15 RM. or as soon thereafter as practical, the OCOEE CITY COM-
MISSION will hold a PUBLIC HEARING at the City of CDcoee Commission Cham-
bers, vio North Lakeshore Drive, Ocoee, Florida, to consider the annexation for a
parcel identified as; parcel number. 08-22-28-5958-12-o4o.'Ilia subject property is
approximately 0.1,8 acres in size and is located at 13TU Avenue, Lot 4-.,
ORDINANCE NO.2020-036
AN ORDINANCE of T'IIE CITY OF CDCCDEE; FLORIDA, ANNEmING
IN')rO T'I1E CORPORKIE LIMIT'S OF THE CITY OF OCOEE, IrLOT tIDA„
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +J- (08
ACRIN LOCATEDTO THE NOII OF WURST ROAD AND EAST OFF'
N. LAKEWOOD AVENUE, PURSUANTTO THE APPLICATION SUIT-
M I'ri%ID BYTHE, HE, PROPERTY OWNER; PiNiDING SA 1 fD ANNEXATION
TO BE CONSISTENT WIIII 'lT-Il OCOEE COMPREHENSIVE PLAN,
T"ICE, OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING
G
THE UPI)V17ING Olt OFFICIAL CITY MAPS; PROVIDING DIRECTION
TO "11411 CITY CLERIC; PROVIDING FOR SEVrEIIABLLITI", REPLAI.,
ING INCONSISTENT ORDINANCES; PROVIDING FOR AN EPI+IiC-
If the applicants request for annexation is approved, the annexation would fin -
corporate the property into the City of0coee. Interested parties may appear at
the public hearing and be heard with respect to the proposed annexation. Pur-
suant to Subsection 5-9 B. of the Land Development Code, the Planning TDiree-
ter has determined that the requested annexation is within the Occee-Orange
County Joint Planning Area (J'PA), and is consistent with the Occee-Oraurge
CoruuntyJPA Land Use Map and the Ocoee Comprehensive Plan.
Interested parties may appear at the meeting and be heard with respect to the
proposed actions; however, attendance inside the Ocoee Commission Chambers
may be limited to accommodate social distancing and is subject to change based
on the Governor's Executive Carder.. This meeting is broadcasted live on Spectrnnn
Channel 493 with a live stream at wivw 0cuee.org f 19'II Glebes-'I`V, Any interested
party is invited to offer comments and/or questions during the hearing by ernail-
ing citizens6ocoee.org or caning 407-554,7118 or by registering in advance by
entailing citizens@oroee.org or caning 407-905.3105, and City staff -will call you
during the live meeting. The complete ease file, including, a complete legal descrip-
tion by metes and bounds, may be inspected at the Ocoee Planning Department
located at 15o North Lakeshore (Drive, Ocoee, Florida between the hours of 8.00
a.m.and 5.0o p.m., Monday through. Friday, except legal holidays. Tire 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 en-
sure that a verbatim record, ofthe proceedings is made which includes the testimony
and evidence upon which tyre appeal is based. In accordance witty, the Americans
with Disabilities Act, persons needing a special accommodation or an interpreter
to participate in this proceeding should contact the City Clerk's Office 48 hours in
advance of the meeting at (1,07) 905- 3105.
November 5, 12, 2024D 20-04441S+lr