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Home My WebLink AboutItem 17 First Reading of Ordinance for 54 Rewis Street - Small Scale Comprehensive Plan Amendment and Rezoning to Planned Unit Development (PUD) and PUD Land Use Plan; Project No(s): CPA-2021-002 & RZ-21-03-06 a ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 18, 2021 Item # ( '1 Reviewed By: Contact Name: Michael Rumer Department Director: Contact Number: Ext. 1018 City Manager: wr_ • Subject: 54 Rewis Street Planned Unit Development (PUD) Small Scale Comprehensive Plan Amendment& Rezoning Project# CPA-2021-002 & RZ-21-03-06 Commission District# 2 — Rosemary Wilsen BACKGROUND SUMMARY: The subject property is approximately 0.25 acres in size and is located on the north side of Rewis Street and the northeast corner of Lyman Street and Rewis Street. The subject parcel identification number is 18-22-28- 7900-05-051. The property is vacant and currently zoned R-1 (Single-family). The Small-Scale Comprehensive Plan Amendment would be from Low-Density Residential to Commercial. The Rezoning would be from City of Ocoee "R-1" to City of Ocoee "PUD". The table below references the future land uses, zoning classifications, and existing land uses of the surrounding parcels: DIRECTION: JURISDICTION/FUTURE LAND USE JURISDICTION/ZONING North City of Ocoee/Low-Density Residential City of Ocoee/Single-family Dwelling"R-1" East City of Ocoee/Low-Density Residential City of Ocoee/Single-family Dwelling"R-IA" South City of Ocoee Rewis Street City of Ocoee West City of Ocoee/Low-Density Residential City of Ocoee/Single-family Dwelling"R-1" The applicant is proposing to rezone the property to Planned Unit Development (PUD) in order to develop a two-story mixed-use building with 875 s.f. of ground-floor retail space for a hair salon and a second story 875 s.f. Apartment. No other uses will be permitted under the PUD. A two-car carport will also be provided on the 0.25 acres. The PUD Land Use plan provides for a front building setback of five (5) feet, side setbacks of ten (10)feet, and a rear setback of fifty (50 feet. Potable water will be provided by the City of Ocoee via a 6-inch water main on the west side of Lyman St. The City has a 20" Sanitary Force Main in front of the property on the north side of Rewis St., but due to the small size of the property and use, tapping into the Force Main is not viable. Therefore, a septic tank and drain field will need to be utilized. The septic permit is provided through Orange County Health Department. Parking is being provided with seven (7) parking spaces, including one (1) handicap parking space. Stormwater management will be provided through surface retention and possible exfiltration. The approval of the PUD does not designate stormwater requirements. Staff is supportive of the proposed use as it is located in a transitional area in proximity to the downtown core. Rewis Street in the area is a "Collector" road that serves as a transition from Bluford Avenue to N Lakewood Ave. The location on the "Collector" road is appropriate for a use similar to C-1, which permits mixed-use. ISSUE: Should the Honorable Mayor and City Commission approve ordinances for a Small-Scale Land Use Amendment from Low-Density Residential (LDR) to Commercial (COM) and Rezoning to Planned Unit Development (PUD)? DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on Tuesday, May 4, 2021. The DRC made a recommendation of approval for the Small-Scale Land Use Amendment from Low-Density Residential (LDR) to Commercial (COM) and Rezoning to Planned Unit Development (PUD) for a mixed-use building consisting of a Hair Salon on the ground floor and an apartment on the second floor. PLANNING AND ZONING RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Small-Scale Land Use Amendment and rezoning to PUD on May 11, 2021. City Staff presented a brief summary and overview of the requested actions. The P&Z acting as the Local Planning Agency, voted to recommend approval of the proposed actions 4-0. RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commission approve ordinances for the Small-Scale Land Use Amendment from Low-Density Residential (LDR) to Commercial (COM) and Rezoning to Planned Unit Development (PUD) for a mixed-use building consisting of a Hair Salon on the ground floor and apartment on the second floor. ATTACHMENTS: Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map; Aerial Map; Small Scale Comprehensive Plan Amendment Ordinance; Rezoning Ordinance; PUD Land Use Plan. FINANCIAL IMPACT: None TYPE OF ITEM: L] Public Hearing For Cleric's Dept Use: [X] Ordinance First Reading ❑ Consent Agenda ❑ Ordinance First Reading [ ] 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 ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A 54 Rewis Street Location Map ' > Mcbili.4e 13 a o 0 til � iVlaec-S - as II 14_ J C la -CC- m PAIiirit. Lee Street rThi,ji--->% , , i 1• j,•i 1,) .:. p w . 4 12 , ' / cn /II i , / q , --) . 4 / a Ii* - i E • liver Sta '+o • 0 1 ' ' — 1111111/ 54 Rewis Street Surrounding Future Land Use Map 0 t01.- Burnt Tree Court c 000ee m ,o,aa Development Services — — Department • Mobile Lane • 0 95 190 380 Feet [ 1 [ 1 ■II M "- _i_ Security Circle_ Created: May 2021 il '� EIh -It--ILI 41. Orelet . ; MINIM QSubject Property ■ II El a) 1E1=1 T , min ii Future Land Use Classification: cu _■ ��j ; Low Density Residential (LDR) E ■ ■- •• Medium Density Residential (MDR) , I 11111 High Density Residential (HDR) LPP Stt PIII = Professional Offices and Services (PS Lee treetno =Commercial (COMM) iti P in Light Industrial (LI) 1111 Heavy Industrial (HI) =Conservation/Floodplains (CONS) Recreation and Open Space (REC) LD -0 , Public Facilities/Institutional (INST) id "-1—\WC:: > „ / o It . ; el•St- - - - LAKE STARK 54 Rewis Street Surrounding Zoning Map 0 .4 l ocoee R-1 A R-1 0 noriaa 1 Development Services L , •�ui- � ■r■� 1 Department ` 0 105 210 420 I ,��7.3 l CliFeet A-2 0 ... Created: May 2021 0 Ili R-1 A-1 - R-'C— a) YMI III Ir DSubject Property CO - 1rr Zoning Classification: General Agricultural (A-1) I Z ,�/ Suburban (A-2) L e tre t �•'% E -Family Dwelling (R-1AAA) 4 -Family Dwelling (R-1AA) di -Family Dwelling (R-1A) a l Single-Family Dwelling (R-1) CD, One- &Two-Family Dwelling (R-2) aii / • IN Multiple-Family Dwelling (R-3) '" III Mobile Home Subdivision (RT-1) r , II Ell Professional Offices &Services(P-S) - / I Neighborhood Shopping (C-1) R-1 At Community Commercial (C-2) General Commercial (C-3) 4/ o Restricted Manufacturing -&Warehousing (I-1) - All ) General Industrial 1-2 ,/ Commercial (PUD) 1 . i er Star a, 0 - ,1 Low Density(PUD) // Medium Density (PUD) �' MN High Density (PUD) N " RLi_lar LAKE STARK IN Public Use(PUD)/6 '/ Unclassified 54 Rewis Street Aerial Map # 1S r t" r 1 i '> 4 ih;.. "'F „-y 'ai �T`. :r = .. ,�gy J r K R 4:0 , i'••-. ..Alikor li,;'s ' - ' 1. 4.).' . 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CPA-2021-002: 54 REWIS STREET COMPREHENSIVE 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; AMENDING THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL," FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.25 ACRES LOCATED ON THE NORTH SIDE OF REWIS STREET AND THE NORTHEAST CORNER OF LYMAN STREET AND REWIS STREET; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY 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 (the "Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number CPA-2021-002 in order to amend the Future Land Use designation of certain real property containing approximately 0.25 acres, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the"Property"); and WHEREAS, Amendment Number CPA-2021-002 constitutes a Small-Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on May 11, 2021, 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 CPA-2021-002; and WHEREAS, on June 15, 2021 the City Commission held an advertised public hearing and adopted Amendment Number CPA-2021-002; 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 (the "Ocoee Land Development Code"). NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA, AS FOLLOWS: 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 for the 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 CPA-2021-002 consistent with the provisions of this Ordinance. 2 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 take effect upon passage and adoption. PASSED AND ADOPTED this day of ,2021. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk R, Mayor (SEAL) ADVERTISED ,2021 READ FIRST TIME ,2021 FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED THE CITY OF OCOEE,FLORIDA ,2021 Approved as to form and legality this UNDER AGENDA ITEM NO. day of ,2021. SHUFFIELD LOWMAN& WILSON,P.A. By: City Attorney 3 EXHIBIT "A" DESCRIPTION: LOTS 5, 6, 7, AND 8, Block E, SEEGAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L, PAGE 122 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS THE NORTH 50 FEET OF ALL ABOVE LOTS. 4 Exhitbit B Location Map CD 1 Mckr :t (Az as .� J e Street ree'� L •••,' 0 ORDINANCE NO. 2021- (Rezoning Ordinance for 54 Rewis Street) TAX PARCEL ID: 18-22-28-7900-05-051 CASE NO. RZ-21-03-06: 54 Rewis Street AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1 (SINGLE_FAMILY DWELLING) TO OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-0.25 ACRES LOCATED ON THE NORTH SIDE OF REWIS STREET,AT THE NE CORNER OF THE INTERSECTION OF LYMAN STREET AND REWIS STREET, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING 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 +/-0.25 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from R-1 (Single-Family Dwelling) to PUD (Planned Unit Development); and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances 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 study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on May 11, 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 June 15, 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 +/-0.25 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1 (Single- Family Dwelling)to PUD (Planned Unit Development) with the following uses: 875 SF Salon on 1st Floor 875 SF Apartment on 2nd Floor SECTION 3. 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 4. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 5. 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 Chapter 180 of the Ocoee City Code. SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of , 2019. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED READ FIRST TIME , 2019. READ SECOND TIME AND ADOPTED , 2019. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2019. SHUFFIELD LOWMAN & WILSON,P.A. By: City Attorney EXHIBIT "A" DESCRIPTION: DESCRIPTION: LOTS 5, 6, 7, AND 8, Block E, SEEGAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK L, PAGE 122 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LESS THE NORTH 50 FEET OF ALL ABOVE LOTS. Exhitbit B Location Map ilw Mack treOt s_ (7). • N J LeSfreeJ