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Home My WebLink AboutItem 31 First Reading of Ordinance for Covington Holdings LLC at 8667 A.D. Mims Road – Annexation & Rezoning; Project No(s): AX-04-21-10 & RZ-21-04-13 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: July 20, 2021 Item #: 31 Reviewed By: Contact Name: Gregory Hines, Planner I Department Director: Michael Rumer Contact Number: 407-554-7086 City Manager: Robert ,..ra. k y- .. Subject: 8667 A.D. Mims Road - Covington Holdings LLC Property Annexation and Rezoning Project No(s): AX-04-21-10 & RZ-21-04-13 Commission District#4— George Oliver, III Background Summary: General Location: The property is located on the north side of A.D. Mims Road and approximately 1615 feet west of Apopka Vineland Road. Parcel Identification Number(s): 10-22-28-0000-00-004 Property Size: +/- 9.94 acres. Actual land use, proposed land use, and unique features of the subject property: The subject parcel is currently developed with a single-family house and accessory structures. existing Single-Family Residence. The Applicant is annexing into the City limits as a condition to receive City benefits. The future land use classification of the subject property: CURRENT PROPOSED Jurisdiction/Future Land Use-Joint Orange County/ (Rural Settlement 1/1) City of Ocoee/Low- Planning Area Land Use Classification (Up to 1 units/acre) Density Residential (Less than 4 units/acre) The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North City of Ocoee/ Low Density Residential City of Ocoee/"A-1" East City of Ocoee/ Low Density Residential City of Ocoee/"R-1A" South Orange County/ Rural Settlement 1/1 Orange County/"A-1" West City of Ocoee/ Low Density Residential City of Ocoee/"R-1A" 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 1 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 north, east, and 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 JPA Agreement. Rezoning: The parcel will receive an"A-1" (General Agricultural) 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 north, east, and 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" A-1 (Citrus Rural District) to "City of Ocoee" A-1 (General Agricultural) of the property known as Covington Holdings LLC Property located at 8667 A.D. Mims Road? Development Review Committee Recommendation: On May 4, 2021, 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 Covington Holdings LLC Property. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) met on May 11, 2021, 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 10-22-28- 0000-00-004. 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 Covington Holdings LLC Property assigned Parcel ID 10-22-28-0000-00-004. Attachments: Feasibility Report Annexation Ordinance Rezoning Ordinance 2 Location Map Aerial Zoning Map Future Land Use Map Financial Impact: None Type of Item: (please mark with an `x') ❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda ❑ Ordinance Second Reading D Public Hearing ❑ Resolution ❑ Regular Agenda _ ❑ 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-04-21-10 & RZ-21-04-13 APPLICANT NAME: COVINGTON HOLDINGS LLC PROJECT NAME: COVINGTON HOLDINGS LLC—8667 A.D. MIMS ROAD 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): Covington Holdings LLC B. Property Location 1. General Location: The property is located on the north side of A.D. Mims Road and approximately 1615 feet west of Apopka Vineland Road. 2. Parcel Identification Number: 10-22-28-0000-00-004 3. Street Addresses: 8667 A.D. Mims Road 4. Size of Parcels: 9.94 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: A-1 3. Existing Ocoee Future Land Use: Low Density Residential 4. Proposed Ocoee Zoning: A-1 E. Consistency 1. Joint Planning Area: Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT Shawn Sorenson, Fire Marshal 1. Estimated Response Time: 3 Minutes 2. Distance to Property: Distance from Station 2 (Clarke Rd &A.D. Mims) is 1.5 miles 3. Fire Flow Requirements: Fire flow is 750 gpm III. POLICE DEPARTMENT Lt. Scott Nylander, Police 1. Police Patrol Zone/Grid /Area: 2 2. Estimated Response Time: 13 mins 3. Distance to Property: 6.3 miles 3. Average Travel Time 13 mins Page 1 of 3 Applicant Name:Covington Holdings LLC—8667 A.D.Mims Road Project Name:Covington Holdings LLC—8667 A.D.Mims Road Annexation&Rezoning Case#:AX-04-21-10&RZ-21-04-13 IV. ECONOMIC VALUE Gregory Hines, Planner I 1. Property Appraiser Taxable Value: $350,239 2. Property Appraiser Just Value $569,725 3. Estimated City Ad Valorem Taxes: $1838.75 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: yes. Watermain located on the south side of AD Mims 4. Location and Size of 12" Watermain located on the south side of AD Mims Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area: yes 2. City Capable of Serving Area: yes 3. Extension Needed: yes 4. Location and Size of Nearest gravity on Stonewater Circle Nearest Force Main: Nearest forcemain on Johio Shores Road 5. Annexation Agreement Needed: N/A C. Other 1. Utility Easement Needed: yes 2. Private Lift Station Needed: yes 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:Covington Holdings LLC—8667 A.D.Mims Road Project Name:Covington Holdings LLC—8667 A.D.Mims Road Annexation&Rezoning Case#:AX-04-21-10&RZ-21-04-13 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. 2021- (Annexation Ordinance for Covington Holdings LLC Property—8667 A.D. Mims Road) TAX PARCEL ID: 10-22-28-0000-00-004 CASE NO.AX-04-21-10: Covington Holdings LLC Property—8667 A.D. Mims Road 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+/- 9.94 ACRES LOCATED ON THE NORTH SIDE OF A.D. MIMS ROAD, AND APPROXIMATELY 1615 FEET WEST OF APOPKA VINELAND ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING THE UPDATING OF 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 +/- 9.94 acres of property, as more particularly described in Exhibit "A" attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS,notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of the Land Development Code of the City of Ocoee (the "Code"); and WHEREAS,on June 8, 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 day of , 2021. APPROVED: ATTEST: 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 PARCEL I THE W1/2 OF THE W1/2 OF THE E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, ORANGE COUNTY, FLORIDA. PARCEL II THE E1/2 OF THE W1/2.OF THE E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, ORANGE COUNTY, FLORIDA. Exhibit B Location Map -L #Oti ill ma tlfg 0 a / // -7 ,/, ,• , . .., a .0 _. , , , , I et- imp oa 0 ORDINANCE NO. 2021- (Rezoning Ordinance for Covington Holdings LLC Property—8667 A.D. Mims Road) TAX PARCEL ID: 10-22-28-0000-00-004 CASE NO. RZ-21-04-13: Covington Holdings LLC Property—8667 A.D. Mims Road Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT TO CITY OF OCOEE A-1, GENERAL AGRICULTURAL ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-9.94 ACRES LOCATED ON THE NORTH SIDE OF A.D. MIMS ROAD, AND APPROXIMATELY 1615 FEET WEST OF APOPKA VINELAND ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH REZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida(the "Ocoee City Commission") to rezone said real property(the "Rezoning"); and WHEREAS,the Applicant seeks to rezone certain real property containing approximately +/- 9.94 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 to City of Ocoee A-1; and WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of the City of Ocoee, Florida(the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the"Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for review and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on June 8,2021,the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on August 3, 2021, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 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 +/- 9.94 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 to City of Ocoee A-1. A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance, and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G)of Article V of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 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 , 2021. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ,2021 READ FIRST TIME ,2021. READ SECOND TIME AND ADOPTED ,2021. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of ,2021. SHUFFIELD LOWMAN&WILSON,P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION PARCEL I THE W1/2 OF THE W1/2 OF THE E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS T,HE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, ORANGE COUNTY, FLORIDA. PARCEL II THE E1/2 OF THE W1/2 OF THE E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, ORANGE COUNTY, FLORIDA. Exhibit B Location Map N #,A1 6 Mie o PRAIA r tri t:. .l E •� I 117Sir /. i ,, , .r._—. 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