HomeMy WebLinkAboutVII (A3 a&b) First Reading of Ordinances: Loomis Family Funeral Home; a. Ordinance No. 2003-20, Small Scale Comprehensive Plan Amendment; c. Ordinance No. 2003-21, Initial Zoning Agenda 4-15-2003
Item VII A3 a&b
Mayor ��t center hoof Good Li__
f_�8 Commissioners
S. Scott VandergriR4�°'i + -. Danny Howell, District 1
'` 1 Scott Anderson, District 2
�•
0.� Rusty Johnson,District 3
City Manager Nancy J. Parker, District 4
Jim Gleason
STAFF REPORT
DATE: April 7, 2003
TO: Honorable Mayor and City Commissioners
FROM: Thomas Grimms, AICP, Senior Plan
THROUGH: Russell B. Wagner, AICP, Community Development Director
RE: Loomis Funeral Home
Small Scale Comp Plan Amend. Case # SSCPA-03-001 (Ord. 2003-20)
Rezoning Case # RZ-03-01-02 (Ord. 2003-21)
ISSUE:
Should the City Commission adopt Ordinance 2003-20 approving a change to the Future
Land Use Map from "Low Density Residential" to "Commercial" and adopt Ordinance
2003-21 changing the Zoning Map for the subject property from R-1 "Single Family
Dwelling District" to C-2 "Community Commercial District" ?
BACKGROUND:
The subject property is located at the southeast corner of the intersection of Silver Star
Road and Bluford Avenue. It includes Lots 6, 7, 8, 9, 10 Block A Lake Ridge Plat,
totaling 0.67 acres. The property contains 2 small residential structures and three small
sheds, and a few mature trees. The applicant, James R. Loomis, desires to remove the
existing structures and build a funeral home.
Future Land Use:
The subject properties (lots) are designated "Low Density Residential" on the Future
Land Use Map (FLUM). The adjacent properties on the south and east are also
designated "Low Density Residential", while the properties on the west and north side
are designated "Commercial".
Zoning:
The zoning designations adjacent to the subject property are R-1 "Single Family
Dwelling District" on the south and east sides, and C-2 "Community Commercial District"
on the west and north sides.
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
phone: (407)905-3100 • fax:(407)656-8504 •www.ci ocoee.fl.us
Honorable Mayor and City Commissioners
April 7, 2003
Page 2 of 5
Existing Land Use:
The existing land use of the subject properties consists of two (2) small residential
structures and several sheds. The existing land uses on the east side and the south
side of the parcels are small single-family residential structures. On the north side of
Silver Star Road is a Citgo gas station and Convenient Mart. On the west side is a small
shopping center anchored by a grocery store. The general area is characterized by
small single family residential, some commercial and vacant lots.
Utilities:
The City has water available to the subject property (5 parcels). There is 6" potable
water line running along Silver Star Road and Bluford Avenue adjacent to the subject
property. Sanitary sewer service is not immediately available to the subject property.
The nearest sewer line is approximately 700 feet to the west. The applicant may elect to
run a line that distance and connect to the lift station, when the property is developed.
The applicant would be required to upgrade the lift station. Otherwise the applicant
would be required to install a commercial septic system as approved by the Orange
County Health Department.
Traffic/Level of Service:
According to the Ocoee Transportation Master Plan — Final Report prepared in 1998,
Silver Star Road is a state road. It is functionally classified as an arterial road in the
general vicinity of the subject property.
Silver Star Road is earmarked for road widening and sidewalk installation. The
Transportation Master Plan and the Comprehensive Plan indicate that Silver Star Road
will be widened to 4-lanes from Dillard Street to Clarke Road. This road is operating
higher than the average daily Level of Service (LOS) standard "E" for the roadway
segment from Ocoee-Apopka Road to Bluford Avenue and operating at 88% capacity.
From Bluford Avenue to Ocoee Hills Road, this segment is operating at higher than the
average daily Level of Service (LOS) standard "E" and operating at 78% capacity. From
McKee Street to Silver Star, this segment is operating higher than the average daily
Level of Service (LOS) standard "D" and operating at 79% capacity. The segment from
Silver Star (Lakewood Avenue) north to Rewis Street is operating higher (at LOS "A")
than the average daily Level of Service (LOS) standard "E", and is operating at 60%
capacity.
The figures indicate that the roadways near the intersection of Silver Star Road and
Bluford/Lakewood Avenue flow relatively freely with only minimal amounts of congestion
at certain times of the day. However, these volumes will increase significantly in the
future.
Honorable Mayor and City Commissioners
April 7, 2003
Page 3 of 5
Natural Resources:
There are no wetlands on the subject property according to the City's Comprehensive
Plan and it is located outside the 500-year floodplain as indicated on the Federal
Emergency Management Agency Flood Insurance Rate Map (12095CO210 E — Dec. 6,
2000). There are no known historic resources on the properties according to Table 5 of
the Future Land Use Element of the City's Comprehensive Plan.
DISCUSSION:
As mentioned above, the existing land use pattern in this general area is single family
residential with some commercial and a number of vacant lots.
The adjacent properties on the east and south sides of the subject property are
designated as "Low Density Residential" while the adjacent properties on the west, and
north sides have FLUM designations of "Commercial". The City through the Future
Land Use Map designations in the area of the subject parcels has planned for this area
to remain mostly single family residential and with limited commercial uses. The
commercial designations are largely a recognition of the long time existing commercial
establishments.
Consistency:
The applicant's proposed establishment of a funeral memorial chapel at the southeast
corner of Bluford Avenue and Silver Star Road is not consistent with the Future Land
Use Map designation of "Low Density Residential". As a result, the applicant has
applied for a Future Land Use Map designation of "Commercial". The applicant will be
required to go through the process of a small scale comprehensive plan amendment.
The applicant's request for rezoning from R-1 "Single Family Dwelling District" to C-2
"Community Commercial District" is not consistent with the present Future Land Use
Map designation of "Low Density Residential". This has prompted the applicant to
request the change of Future Land Use Map designation and associated zoning in order
to establish a commercial activity on the subject property.
Proposed Funeral Chapel:
The applicant indicates that the funeral home will be used for prayer services and
viewing with no embalming taking place on the site. The site would include small sales
room for funeral-related goods such as caskets. The staff would consist of 2-3 persons.
The Silver Star Road and Bluford Avenue intersection is an appropriate location for
commercial activity due to the significant traffic crossing this intersection. Staff is
receptive to expanding the Future Land Use Map "Commercial" designation along with
the appropriate commercial zoning designation of C-2 "Community Commercial District"
which allows a number of different commercial uses.
Honorable Mayor and City Commissioners
April 7, 2003
Page 4 of 5
Dedications, Buffers and Size of Property:
At the on-site visit staff observed that the subject property (5 platted lots) is relatively
small (0.67 acres). Although not part of the comprehensive plan amendment and
rezoning requests, it may be noted that it will be difficult to locate the funeral home
building and parking lot on such a small property. It should be noted that the City's
regulations require that commercial out lots be a minimum of one (1) acre.
The property has 115 feet of frontage along Bluford Avenue and 252 feet along Silver
Star Road. Issues of road widening, access points to the property, setbacks from the
road, and setbacks from the adjacent residential area will make it difficult to build and
operate a funeral home. After meeting with the applicant, Staff determined that a 25
foot tract would be needed for the future widening of Silver Star Road. There will be a
required 15-foot landscape buffer from the edge of the road widening dedication. There
will be a 25-foot landscape buffer required along Bluford Avenue and the landscape
setback between commercial and residential for 2-story or less is typically 25 feet along
with a 50-foot building setback. This will be required along the south and east property
lines. This may be reduced due to the property being located within the Downtown
Redevelopment Area as depicted in the City of Ocoee Comprehensive Plan. All this will
have the effect of reducing the depth of the buildable area.
Bluford Avenue is also scheduled for safety and operational improvements and the
intersection of Bluford Avenue and Silver Star Road is also planned for improvements.
The effective reduction of the buildable area due to dedications, setbacks retention
pond, along with the area allotted for the septic leach bed, greatly reduces the area in
which to erect a building and the associated required parking. Accordingly, the applicant
may need to request a number of waivers from the Land Development Code in order to
develop this facility.
C-2 - "Community Commercial District":
The applicant has requested a C-2 zoning district designation. As indicated in the City's
Land Development Regulations, the C-2 zoning district is oriented toward the personal
and business services and the general retail business of the local community. Traffic
generated by uses will be primarily passenger vehicles and only those trucks and
commercial vehicles required for stocking and delivery of retail goods. A review of the
City's Zoning Map does show that the C-2 zoning districts are located in and around
local residential neighborhoods. The function of a funeral home provides services to a
considerably greater population than to the local community and immediate
neighborhoods.
PLANNING & ZONING COMMISSION / LOCAL PLANNING AGENCY
RECOMMENDATION:
At its March 26, 2003 meeting the Planning and Zoning Commission acting as the Local
Planning Agency reviewed the applicant's request for a change to the Future Land Use
Map from "Low Density Residential" to "Commercial" and a Zoning Map change for the
subject property (for Lots 6, 7, 8, 9, 10 Block A Lake Ridge Plat) totaling 0.67 acres from
R-1 "Single Family Dwelling District'to C-2 "Community Commercial District".
Honorable Mayor and City Commissioners
April 7, 2003
Page 5 of 5
The applicant made a presentation on the proposed funeral home with references to
their funeral home operations in Apopka and Winter Garden. There was discussion
concerning the changing character of the area, the busy intersection, parking, septic
system, the dilapidated state of the two single-family structures on the property and
preservation of trees.
The Local Planning Agency voted unanimously to recommend approval of a change to
the Future Land Use Map from "Low Density Residential" to"Commercial'.
The Planning & Zoning Commission voted unanimously to recommend approval of a
Zoning Map change for the subject property (for Lots 6, 7, 8, 9, 10 Block A Lake Ridge
Plat) totaling 0.67 acres from R-1 "Single Family Dwelling District" to C-2 "Community
Commercial District", subject to dedication of 25 feet for future road widening of Silver
Star Road at the time of development approval for the project.
STAFF RECOMMENDATION:
Based on the recommendation of the Planning and Zoning Commission / Local Planning
Agency, the Staff recommends that the Mayor and City Commissioners:
1. Adopt Ordinance 2003-20 approving a Small Scale Comprehensive Plan Land
Use Map Amendment redesignation from "Low Density Residential" to
"Commercial"; and
2. Adopt Ordinance 2003-21 approving a Rezoning from R-1 "Single Family
Dwelling District' to C-2 "Community Commercial District" ", subject to dedication
of 25 feet for future road widening of Silver Star Road at the time of development
approval for the project.
Attachments: Location Map
Future Land Use Map of the Area
Zoning Map of the Area
Ordinance No.2003-20
Ordinance No.2003-21
File:O:\Staff Reports\2003\SR03040 CC.doc
Location Map
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ORDINANCE NO. 2003-20
CASE NO. SSPCA-03-01: Loomis Funeral Home Comp. Plan Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER
18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS:
AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM
"LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN
REAL PROPERTY CONTAINING APPROXIMATELY .67 ACRES
LOCATED AT THE SOUTHEAST CORNER OF BLUFORD AVENUE
AND SILVER STAR ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND
USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee
Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance#91-28,
which has been amended from time to time ("Ocoee Comprehensive Plan"); and
WHEREAS, the owner or owners (the "Applicant") of certain real property within the
corporate limits of the City of Ocoee, Florida has submitted an application to the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate
Amendment Number SSCPA-03-001 in order to amend the Future Land Use designation of
certain real property containing approximately .67 acres, as more particularly described in
Exhibit"A"attached hereto and by this reference made a part hereof; and
WHEREAS, Amendment Number SSCPA-03-001 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
WHEREAS, on March 18, 2003 the Planning and Zoning Commission of the City of
Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public
hearing and recommended adoption of Amendment Number SSCPA-03-001; and
WHEREAS, on May 6, 2003, the City Commission held an advertised public hearing
and adopted Amendment Number SSCPA-03-001; and
WHEREAS, all required public hearings have been held after due public notice in
accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter
180 of the Code of Ordinances of the City of Ocoee ('Ocoee Land Development Code").
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA, AS FOLLOWS:
006.292151.
SECTION 1. Authority. The City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and
166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code.
SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan of the real property
described in Exhibit "A" attached hereto and by this reference made a part hereof and
containing approximately .67 acres of real property is hereby changed from "Low Density
Residential" to "Commercial". A map of said land herein described is attached hereto as
EXHIBIT"B"and by this reference is made a part hereof.
SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized
and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the
Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-03-001 consistent with
the provisions of this Ordinance.
SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5. 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 6. Effective Date. This Ordinance shall become effective on the 31st day
after adoption if no affected person has filed a petition with the Division of Administrative
Hearings in accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely
filed, this Ordinance shall become effective on the date the Department of Community Affairs or
the Administrative Commission issues a final order determining that the adopted Amendment
Number SSCPA-03-001 is in compliance.
2
006.292151.
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED
READ FIRST TIME
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA.
APPROVED AS TO FORM AND
LEGALITY
this day of ,2003.
FOLEY and LARDNER
By:
City Attorney
3
006.292151.
Exhibit "A"
Lots 6, 7, 8, 9 and 10, Block "A", Lakeridge, a subdivision according to the Plat or Map thereof
as described in Plat Book "F", Page(s) 1, 2, and 3 of the Public Records of Orange County,
Florida.
4
006 292151.
Exhibit "B"
Location Map
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006.292151.
ORDINANCE NO. 2003-21
CASE NO. RZ 03-03-02: Loomis Funeral Home Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R-1 "SINGLE
FAMILY DWELLING DISTRICT" TO OCOEE C-2 "COMMUNITY
COMMERCIAL DISTRICT ' FOR CERTAIN PROPERTY CONTAINING
APPROXIMATELY .67 ACRES LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF BLUFORD AVENUE AND
SILVER STAR ROAD PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING
MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property within the
corporate limits of the City of Ocoee, Florida have submitted an application to the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
approximately .67 acres of property, more particularly described in Exhibit "A", from Ocoee R-
1 "Single Family Dwelling District" to Ocoee C-2 "Community Commercial District"; and
WHEREAS, at such time as Ordinance No. 2003-20 becomes effective, the rezoning
requested by the Applicant will be consistent with the 1991 City of Ocoee Comprehensive Plan
as set forth in Ordinance #91-28, adopted September 18, 1991, as amended (the "Ocoee
Comprehensive Plan"); and
WHEREAS, on March 18, 2003 the Planning and Zoning Commission of the City of
Ocoee, Florida held a public hearing and recommended to the Ocoee City Commission that the
rezoning be approved, conditioned upon approval of a Small Scale Comprehensive Plan
Amendment to the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
public notice with respect to the proposed rezoning of said real property; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041, 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 Chapter
166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, for the following described real property containing approximately .67 acres within the
006.292148.
corporate limits of the City of Ocoee, Florida is hereby changed from Ocoee R-1, "Single Family
Dwelling District"to Ocoee C-2, "Community Commercial District":
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF).
A map of said land herein described which clearly shows the area of rezoning is attached hereto
and EXHIBIT"B"and by this reference is made a part hereof.
SECTION 3. OFFICIAL 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 the City Clerk arc 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 4. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repeated.
SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall become effective at such time
as Ordinance No. 2003-20 becomes effective.
2
006.292148.
PASSED AND ADOPTED this day of ,2003.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2003
READ FIRST TIME , 2003.
READ SECOND TIME AND ADOPTED
,2003.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA.APPROVED
AS TO FORM AND LEGALITY
This day of ,2003.
FOLEY & LARDNER
By:
City Attorney
3
006 292148.
EXHIBIT"A"
Lots 6, 7, 8, 9 and 10, Block "A", Lakeridge, a subdivision according to the Plat or Map thereof
as described in Plat Book "F', Page(s) 1, 2, and 3 of the Public Records of Orange County,
Florida.
4
006.292148.
EXHIBIT"B"
City of Ocoee, Florida
Loomis Family Funeral Home Rezoning Case #RZ-03-01-02
R-1 "Single-Family Dwelling" to C-2 "Community Commercial"
Zoning Map r t�
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006.292148.