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HomeMy WebLinkAboutItem 15 Second Reading of Ordinance for MDTL Enterprise LLC Property Annexation; Project No. AX-03-24-04 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: May 21, 2024 Item #: 15 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: Second Reading of Ordinance for MDTL Enterprise LLC Property Annexation; Project No. AX-03-24-04. (Zoning Manager Whitfield) Background Summary: First Reading of Ordinance held on May 7, 2024. 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 3,392 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 2.17 acres and assigned parcel ID numbers 07-22-28-0000-074 and 07-22-28-0000-00-105. 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) Parcel 074 contains a house, and Parcel 105 is vacant. 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 Orange County Low Density Residential A-1 Agriculture operations South Orange County Low Density Residential A-1 Single family residential use 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 Orange County on SW portion of site & City of Ocoee on west side of Ocoee Apopka Road Light Industrial and Low Density Residential A-1 for County property and PUD-IND for City property Single family residential immediate adjacent and Light Industrial/Flex Warehouse Development on west side of Ocoee Apopka Road 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 west side 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 Annexation of the MDTL Enterprise LLC Property, assigned parcel ID numbers 07-22-28-0000-00-074 and 07-22-28-0000- 00-105? City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org 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. 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 MDTL Enterprise LLC Property, assigned parcel ID numbers 07-22-28-0000-00-074 and 07- 22-28-0000-00-105. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Zoning Map 5. Survey - Parcels 105 and 74 6. MDTL Ordinance 7. Advertisement Financial Impacts: N/A Type of Item: Second Reading Public Hearing 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 1053 Ocoee Apopka Road AnnexationLocation Map I Ocoee Apopka RdDemastus Ln I 0 100 20050Feet 1053 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 Cir1053 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-2I-1 PUD-IND PUD-LD I-1 PUD-LD A-1 Ocoee Apopka RdPine StD e m a s t u s L n Log Landing Dr1053 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 SURVEYING MAPPINGGEOSPATIAL SERVICESwww.allen-company.comAECOM BOUNDARY SURVEY OF PARCEL ID: 07-22-28-0000-00-105 PARCEL ID: 07-22-28-0000-00-074 SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST ORANGE COUNTY, FLORIDA ORDINANCE NO. 2024- (Annexation Ordinance for MDTL Enterprise LLC Property) TAX PARCEL ID: 07-22-28-0000-00-074 & 07-22-28-0000-00-105 CASE NO. AX-03-24-04: 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 2.17 ACRES LOCATED ON THE EAST SIDE OF OCOEE APOPKA ROAD APPROXIMATELY 3,392 FEET SOUTH OF FULLERS CROSS ROAD AT ITS INTERSECTION WITH OCOEE APOPKA ROAD AND ASSIGNED PARCEL ID NUMBERS 07-22-28-0000-00-074 AND 07-22-28-0000-00-105, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE FLORIDA STATUTES, 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 2.17 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 Florida Statutes § 171.044, 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.: 07-22-28-0000-00-074 AND 105 (Same legal description on OCPA & submitted survey) FROM THE CENTER OF SEC RUN S 01 DEG W 779.03 FT TH N 88 DEG E 1.48 FT FOR POB TH N 88 DEG E 519.27 FT S 01 DEG W 228.76 FT S 87 DEG W 27 FT N 01 DEG W 3.91 FT S 88 DEG W 318.03 FT N 01 DEG E 125 FT S 88 DEG W 173.77 FT N 01 DEG E 100 FT TO POB IN SEC 07-22-28 (LESS RD R/W ON W) EXHIBIT “B” LOCATION MAP West Orange Times c/o Business Observer 1970 Main Street 3rd Floor Sarasota, FL 34236 , 941-906-9386 x322INVOICE Legal Advertising Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323. 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