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HomeMy WebLinkAboutItem 06 Second Reading of Ordinance for MDTL Property Annexation City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: December 17, 2024 Item #: 6 Contact Name: Anoch Whitfield Department Director: Ginger Corless Contact Number: Ext. 1016 City Manager: Craig Shadrix Subject: Second Reading of Ordinance for MDTL Enterprise LLC Property (Conservation Tract) Annexation; Project No. AX-10-24-01. (Zoning Manager Whitfield) Background Summary: First Reading of Ordinance was held on December 3, 2024. Owner/Applicant: The property owner is MDTL Enterprise LLC, and the applicant is Marcos Bastian, AECOM. Site Location: The property is located in Commission District 3 and is on the east side of Ocoee Apopka Road, beginning approximately 2,300 feet north of the intersection of Ocoee Apopka Road at Palm Drive and approximately 508 feet east of Ocoee Apopka Road. Property Size & Parcel Identification Number: The property consists of one (1) parcel containing approximately 9.9 acres and assigned parcel ID numbers 07-22-28-0000-00-087. 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 Conservation (per JPA) County A-1 (Citrus Rural District) Vacant wooded land Wetlands 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, scattered wooded areas City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org South Orange County & City of Ocoee County LDR/City Conservation County A- 1/City A-2 Agriculture uses along with wooded wetlands East City of Ocoee Conservation I-2 Mostly vacant wooded areas and an industrial warehouse West City of Ocoee Low Density Residential County A-1 Commercial recreation facility (Girls Softball Field) Proposed Development: The applicant is requesting an annexation only. An initial rezoning to a City zoning classification is not being processed at this time because the intent of this annexation is to provide the property as a future wetland dedication to the City as part of the Ocoee Regional Sports Facility (AKA) Dynasty Sports Complex's, wetland mitigation program. The dedication of this land will provide protection and preservation of existing conservation lands adjacent to and connected to wetlands within the future Dynasty Sports Complex 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 by the City's jurisdictional limits on its north, east and south sides and, as such, is contiguous to the City. The annexation does not create a new 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 as the JPA designates this property as Conservation. 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 and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy. The annexation is also consistent with Conservation Element Objective 4 and its implementing policies with respect to the protection and preservation of wetlands. Transportation and Access: The site is currently landlocked as it does not have frontage on a public road right- of-way; however, access will be coordinated with the Ocoee Regional Sports Complex development, which borders this property along its northern boundary. Access to the property would be for monitoring and maintaining the wetlands and natural resources on the site per the terms of an approved Monitoring and Maintenance Plan. Utilities: The Utilities Department has no issues with this annexation. Stormwater: Not applicable. Schools: Not applicable. Public Safety: Not applicable as no development is proposed. Annexation of the property is for the purposes of preservation of existing wetlands. Recreation and Open Space: Not applicable. Issue: Should the Honorable Mayor and City Commissioners approve a proposed ordinance for the Annexation of the City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org MDTL Enterprise LLC Property, assigned parcel ID number 07-22-28-0000-00-087, for purposes of protection of conservation/wetland lands? Recommendations: Development Review Committee (DRC) Recommendation The DRC met on Tuesday, October 29, 2024, to consider this annexation and, identifying no issues, recommended approval. Planning & Zoning Commission Recommendation The Planning and Zoning Commission, acting as the Local Planning Agency, considered this item at its November 12, 2024, public hearing and made a recommendation of approval of the proposed ordinance for the Annexation of the MDTL Enterprise LLC Property, assigned parcel ID number 07-22-28-0000-00-087, for purposes of protection and preservation of conservation/wetland lands, subject to a timing condition that the property be dedicated to the City at the time of project kickoff. Staff Recommendation Staff recommends that the Honorable Mayor and City Commissioners approve the proposed ordinance for the Annexation of the MDTL Enterprise LLC Property, assigned parcel ID number 07-22-28-0000-00-087, for purposes of protection and preservation of conservation/wetland lands, subject to the condition that the property be dedicated to the City by or before project kickoff. Attachments: 1. Location Map 2. Aerial Map 3. Surrounding FLUM Map 4. Surrounding Zoning Map 5. Ordinance 6. Business Impact Estimate Form 7. Advertisement Financial Impacts: N/A Type of Item: Second Reading Public Hearing Ocoee Apopka RdMDTL Enterprise LLC Property (Conservation Tract) Annexation Location Map I Ocoee Apopka RdLyman StI 0 170 34085Feet MDTL Enterprise LLC Property (Conservation Tract) AnnexationAerial Map LDR LI HI LI LI LI HDR LI MDRCOMM LI LI MDR LI Ocoee Apopka RdN Lakewood AveLyman StR e w is S tLee St MDTL Enterprise LLC Property (Conservation Tract) AnnexationSurrounding Future Land Use Map Created: November 2024 Development ServicesDepartment I 0 230 460115Feet 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) I-2 I-1 R-1 A-2 I-1R-1AA R-1A A-1 I-1 R-1 RT-1C-2 R-1A RT-1 A-1 R-1 C-3 C-1 C-1 N Lakewood AveOcoee Apopka RdLyman StR ew is S tLee St MDTL Enterprise LLC Property (Conservation Tract) AnnexationSurrounding Zoning Map Development ServicesDepartment I 0 230 460115Feet Created: November 2024 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 ORDINANCE NO. 2024- (Annexation Ordinance for MDTL Enterprise LLC Property) TAX PARCEL ID: 07-22-28-0000-00-087 CASE NO. AX-10-24-01: 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 PROPERTY CONTAINING APPROXIMATELY 9.9 ACRES LOCATED ON THE EAST SIDE OF OCOEE APOPKA ROAD, BEGINNING APPROXIMATELY 2,300 FEET NORTH OF THE INTERSECTION OF OCOEE APOPKA ROAD AT PALM DRIVE THEN APPROXIMATELY 508 FEET EAST OF OCOEE APOPKA ROAD AND ASSIGNED PARCEL ID NUMBERS 07-22-28-0000-00-087, PURSUANT TO THE APPLICATION SUBMITTED BY THE APPLICANT; 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 9.9 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 November 12, 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.: 07-22-28-0000-00-087 COMM SW COR OF SE1/4 OF SEC 07-22-28 TH N88-52-07E 511.50 FT TO POB N13-25-08E 131.50 FT S81-48-37E 184.66 FT N22-27-24W 83.25 FT N29-08-55E 309.66 FT N40-58-21E 182.58 FT N54-29- 39E 191.59 FT N01-14-03W 299.33 FT N88-51-46E 210.90 FT S00-32-25E 985.38 FT S8852-07W 821.87 FT TO POB EXHIBIT “B” LOCATION MAP 1 City of Ocoee Business Impact Estimate Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.9 ACRES LOCATED ON THE EAST SIDE OF OCOEE APOPKA ROAD, BEGINNING APPROXIMATELY 2,300 FEET NORTH OF THE INTERSECTION OF OCOEE APOPKA ROAD AT PALM DRIVE THEN APPROXIMATELY 508 FEET EAST OF OCOEE APOPKA ROAD AND ASSIGNED PARCEL ID NUMBERS 07-22-28-0000-00-087, PURSUANT TO THE APPLICATION SUBMITTED BY THE APPLICANT; 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. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1 See Section 166.041(4)(c), Florida Statutes. 2 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The proposed ordinance will annex conservation and wetland area into the City, and such land will be dedicated to the City for the protection of such conservation and wetland area as mitigation for a land use amendment and development activity. Preservation of wetlands serves the public health, safety, morals and welfare as it improves the City’s flood resiliency. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City of Ocoee, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs: N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): The purpose of this annexation is so that the conservation and wetlands acreage will be within and dedicated to the City in order to increase the City’s total wetlands protection acreage as part of the City’s FEMA Community Rating System. 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