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HomeMy WebLinkAboutItem 09 First Reading of Ordinance for 1305 & 1113 Ocoee Apopka Road - MDTL Enterprise LLC Property Annexation City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: May 7, 2024 Item #: 9 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: First Reading of Ordinance for 1305 & 1113 Ocoee Apopka Road - MDTL Enterprise LLC Property Annexation; Project No. AX-03-24-02. (Zoning Manager Whitfield) Background Summary: Owner/Applicant: The property owner is MDTL Enterprise LLC, represented by Jaime Douglas. Site Location: The property is located in Commission District 3 and is on the east side of Ocoee Apopka Road, approximately 2,616 feet south of Fullers Cross Road at its intersection with Ocoee Apopka Road. Property Size & Parcel Identification Number: The property consists of two (2) parcels totaling approximately 4.32 acres and assigned parcel ID numbers 07-22-28-0000-039 and 07-22-28-0000-00-041. Existing Site Conditions: The table below summarizes the existing site conditions of the property. Current Future Land Use Map (FLUM) Designation Current Zoning District Existing Land Use Unique Features/Overlay Districts Low Density Residential (per JPA) County A-1 (Citrus Rural District) Both parcels are vacant and generally used for agriculture purposes None The table below lists the jurisdictions, future land use designations, zoning districts, and existing uses of the surrounding properties. Direction Jurisdiction Future Land Use Designation Zoning Existing Land Uses North City of Ocoee Low Density Residential R-1AA Vacant, wooded parcel South Orange County Low Density Residential A-1 Agriculture operations City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org East Orange County Low Density Residential A-1 Agriculture operations West City of Ocoee Light Industrial PUD-IND Light Industrial/Flex Warehouse Development Proposed Development: The applicant is requesting an annexation. The initial rezoning to a City zoning classification is not being processed at this time, and as of the date of this staff report, the applicant has not submitted a proposed plan for development. Consistency with Florida Statutes: With respect to the proposed annexation, Section 171.044, Florida Statutes (F.S.), grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject property is bordered on its north and west sides by the City's jurisdictional limits and, as such, is contiguous to the City, and the annexation does not create an enclave. Instead, the annexation furthers the City's efforts to reduce existing enclaves within the city limits. Consistency with JPA Agreement: The property is located within the Ocoee-Orange County Joint Planning Area (JPA), and the proposed annexation is consistent with the terms of the JPA Agreement. Consistency with Adopted Comprehensive Plan: The annexation is consistent with Future Land Use Element (FLUE) Policy 2.5, which requires the City to consider requests for voluntary annexation when those lands are logical extensions of the existing City limits, when services can be adequately provided and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy. Transportation and Access: The site is currently accessed by and will continue to be accessed by Ocoee Apopka Road. Because there is no corresponding rezoning or proposed increase in entitlements, a traffic impact analysis is not required at this time. Utilities: The Utilities Department has no issues with this annexation. Stormwater: Not applicable. Schools: Not applicable. Public Safety: Fire emergency service is available in under five (5) minutes with a flow rate of 1,000 gallons per minute. The property is located within Police Grid 1, with a four (4) minute response time. The nearest police station is 4 miles away, and the average non-emergency travel time is 11 minutes. Recreation and Open Space: Not applicable. For more details, please see the attached Annexation and Feasibility Analysis document. Issue: Should the Honorable Mayor and City Commissioners approve the proposed ordinance for the proposed Annexation of the 1305 and 1113 Ocoee Apopka Road - MDTL Enterprise LLC Property, assigned parcel ID numbers 07-22-28-0000-00-039 and 07-22-28-0000-00-041? Recommendations: Development Review Committee (DRC) Recommendation The DRC met on Tuesday, April 2, 2024, to consider this annexation, and identifying no issues, made a recommendation of approval. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Planning and Zoning Commission (PZC) Recommendation The PZC met on Tuesday, April 9, 2024, to consider this annexation, and identifying no issues, made a recommendation of approval. Staff Recommendation Staff recommends the Honorable Mayor and City Commissioners approve the proposed ordinance for the Annexation of the 1305 and 1113 Ocoee Apopka Road - MDTL Enterprise LLC Property, assigned parcel ID numbers 07-22-28-0000-00-039 and 07-22-28-0000-00-041. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Zoning Map 5. Annexation and Rezoning Feasibility Report 6. Survey - Parcel 41 7. Survey - Parcel 39 8. Ordinance Financial Impacts: N/A Type of Item: First Reading Ocoee Apopka RdPine StLog Landing DrD e m a s t u s L nCrown Poi nt Woods Ci r C l i n g e r C o v e R d 1305 & 1113 Ocoee Apopka Road AnnexationLocation Map I Ocoee Apopka RdDemastus Ln I 0 100 20050Feet 1305 & 1113 Ocoee Apopka Road - MDTL Enterprise LLC Property2022 Aerial Photography LDR LI LI LI LDR HIOcoee Apopka RdLog Landing DrPine StD e m a s t u s L nCrown Point Woods Cir1305 & 1113 Ocoee Apopka Road - MDTL Enterprise LLC PropertySurrounding Future Land Use Map Created: month year Development ServicesDepartment I 0 260 520130Feet Subject Property Future L and Use C lassification:Low De nsity Residen tia l (LDR )Medium Den sity Residential (MDR)High Density Resid ential (H DR)Professional O ffices and Se rvices (PS)Commercial (COMM)Light Industrial (LI)Heavy Industrial (H I)Conservation/Flood plains (CONS)Recre ation a nd O pen Space (REC)Pub lic Facilitie s/Institutional (INST) R-1AA I-2 PUD-LD I-1 PUD-IND I-1 PUD-LD A-1 Ocoee Apopka RdPine StD e m a s t u s L n 1305 & 1113 Ocoee Apopka Road - MDTL Enterprise LLC PropertySurrounding Zoning Map Development ServicesDepartment I 0 240 480120Feet Created: month year Subject Property Zoning C lassification:General Agricultural (A-1)Sub urban (A-2)Single-Family D welling (R -1 AAA)Single-Family D welling (R -1 AA)Single-Family D welling (R -1 A)Single-Family D welling (R -1 )One- & Two-Family Dwelling (R-2)Multip le-Fa mily Dwe llin g (R-3)Mob ile Home Su bdivisio n (RT-1)Professiona l O ffices & Services (P-S)Neighb orhood Shopping (C-1 )Commun ity Commercial (C-2)General Co mmercial (C-3) General Industrial (I-2)Commercia l (PUD)Low Density (PUD)Med ium De nsity (PUD) Restricted Ma nufacturin g& Wareh ousing (I-1) High Density (PUD)Pub lic Use (PUD)Unclassified CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS Page 1 of 3 CASE NUMBER: AX-03-24-04 (SAGE # 2024-0016) APPLICANT NAME: Jaime Douglas PROJECT NAME: MDTL ENTERPRISE LLC PROPERTY ANNEXATION This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department’s findings are summarized below. I. PLANNING DEPARTMENT Anoch Whitfield, Zoning Manager A. Applicant/Owner 1. Owner (if different from Applicant):MTDL Enterprise, LLC B. Property Location 1. General Location:The properties are generally located on the east side of Ocoee Apopka Rd., approximately 2,616 feet south of Fullers Cross Rd. at the intersection of Ocoee Apopka Rd. 2. Parcel Identification Number:07-22-28-0000-00-039 & 07-22-28-0000-00-041 3. Street Addresses:1305 & 1113 Ocoee Apopka Road 4. Size of Parcels:4.32 acres (2 parcels) C. Use Characteristics 1. Existing Use:Both parcels are vacant and generally used for agriculture purposes 2. Proposed use:No proposed use submitted to the City at this time 3. Density / Intensity:N/A 4. Projected Population:N/A D. Zoning and Land Use 1. Orange County Future Land Use:Low Density Residential per JPA FLUM 2. Orange County Zoning:A-1 3. Existing Ocoee Future Land Use:Low Density Residential per JPA FLUM 4. Proposed Ocoee Zoning:None at this time. Site will retain County A-1 until rezoning occurs E. Consistency 1. Joint Planning Area:Yes 2. Comprehensive Plan:Yes II. FIRE DEPARTMENT 1. Estimated Response Time:Average 5 minutes 2. Distance to Property: 3. Fire Flow Requirements:1,000 gallons per minute III. POLICE DEPARTMENT 1. Police Patrol Zone / Grid / Area:1 2. Estimated Response Time:4 mins 3. Distance to Property:4 miles 3. Average Travel Time 11 mins Applicant Name: Jaime Douglas Project Name: 1305 & 1113 Ocoee Apopka Rd - MDTL Enterprise LLC Property Annexation Case #: AX-03-24-02 (SAGE # 2024-0016) Page 2 of 3 IV. ECONOMIC VALUE Anoch Whitfield, Zoning Manager 1. Property Appraiser Market Value:$ 350,094 (combined) 2. Property Appraiser Taxable Value $ 175,853 (combined) 3. Estimated City Ad Valorem Taxes:TBD 4. Anticipated Licenses & Permits:TBD 5. Potential Impact Fees:TBD 6. Total Project Revenues:TBD V. BUILDING DEPARTMENT 1. Within the 100-year Flood Plain: No VI. UTILITIES Jennifer 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 Nearest Water Main: To Be Determined 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 Force Main: To Be Determined 5. Annexation Agreement Needed: C. Other 1. Utility Easement Needed:Yes 2. Private Lift Station Needed:Yes or as determined by Utilities Department 3. Well Protection Area Needed:No VII. TRANSPORTATION Anoch Whitfield, Zoning Manager 1. Paved Access:Yes 2. ROW Dedication:To be determined 3. Traffic Study:Not required at this time for annexation 4. Traffic Analysis Zone: Applicant Name: Jaime Douglas Project Name: 1305 & 1113 Ocoee Apopka Rd - MDTL Enterprise LLC Property Annexation Case #: AX-03-24-02 (SAGE # 2024-0016) Page 3 of 3 The properties to be annexed border the City Limits on their north side; therefore, the annexation of these properties will further reduce the existing enclaves within the City limits. No part of the area to be annexed is included within the boundary of another municipality, and the properties being annexed will be developed for urban purposes. Therefore, this annexation is consistent with Section 171.043(1) & (2), Florida Statutes. VIII. PRELIMINARY CONCURRENCY EVALUATION A. Transportation: Full traffic impact analysis will be required prior to any non-residential development B. Parks / Recreation:Not applicable at this time C. Water / Sewer:Water is available; however, sewer is not available currently. D. Stormwater:To be provided on site at time of development E. Solid Waste:At this time, adequate solid waste capacity exists. F. Impact Fees:TBD at time of building permit IX. SITE SPECIFIC ISSUES All Departments X. CONSISTENCY WITH STATE ANNEXATION REGULATIONS Anoch Whitfield, Zoning Manager SURVEYING MAPPINGGEOSPATIAL SERVICESwww.allen-company.comAECOM BOUNDARY SURVEY OF PARCEL ID: 07-22-28-0000-00-041 SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA SURVEYING MAPPING GEOSPATIAL SERVICES www.allen-company.com AECOMBOUNDARY SURVEYOFPARCEL ID: 07-22-28-0000-00-039SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EASTORANGE COUNTY, FLORIDA ORDINANCE NO. 2024- (Annexation Ordinance for 1305 & 1113 Ocoee Apopka Rd – MDTL Enterprise LLC Property) TAX PARCEL ID: 07-22-28-0000-00-039 & 07-22-28-0000-00-041 CASE NO. AX-03-24-02: 1305 & 1113 Ocoee Apopka Road – MDTL Enterprise LLC Annexation AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTIES CONTAINING APPROXIMATELY 4.32 ACRES LOCATED AT 1305 AND 1113 OCOEE APOPKA ROAD APPROXIMATELY 2,616 FEET SOUTH OF FULLERS CROSS ROAD AT ITS INTERSECTION WITH NORTH LAKEWOOD AVENUE AND ASSIGNED PARCEL ID NUMBERS 07-22-28-0000-00-039 AND 07-22-28- 0000-00-041, 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 UPDATE OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real properties 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 4.32 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), Article V, Land Development Code of the City of Ocoee (the “Code”); and WHEREAS, on April 9, 2024, 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. This ordinance prevails in the event of any inconsistency with all ordinances or parts of ordinances in conflict herewith. 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 ______________________, 2024. ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this ______ day of ______________, 2024. FISHBACK DOMINICK By: City Attorney ADVERTISED _________________, 2024 READ FIRST TIME ____________, 2024. READ SECOND TIME AND ADOPTED ______________________________, 2024. UNDER AGENDA ITEM NO. _____ EXHIBIT “A” LEGAL DESCRIPTIONS PARCEL ID NO.: 07-22-28-0000-00-039 BEG NW COR OF SE1/4 RUN S 8.71 CHS E 3.33 CHS N 3.35 CHS NWLY TO BEG & NE1/4 OF SW1/4 E OF RD SEC 07-22-28 PARCEL ID NO.: 07-22-28-0000-00-041 BEG 574.86 FT S 1 DEG W FROM CENTER OF SEC RUN N 87 DEG E 219.78 FT N 1 DEG E 214.5 FT N 87 DEG E 239.66 FT TH S 1 DEG W 314.53 FT S 87 DEG W 458.80 FT N 100 FT TO POB (LESS W 30 FT RD R/W) IN SEC 07-22-28 EXHIBIT “B” LOCATION MAP