HomeMy WebLinkAboutItem 10 First Reading of Ordinance for Aplausos LLC at 113 W. Oakland Avenue – Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Commercial; Project No(s). CPA-2021-005 & RZ-21-08-28 V co 4 e
fiorida
AGENDA ITEM COVER SHEET
Meeting Date: October 5, 2021
Item # /Q
Reviewed By:
Contact Name: Anoch Whitfield Department Director:
Contact Number: Ext. 1016 City Manager:
Subject: 113 W. Oakland Avenue-Aplausos, LLC
Comprehensive Plan Future Land Use Map Amendment
Project No(s): CPA-2021-005 & RZ-21-08-28
Commission District#2 -- Rosemary Wilsen
Background Summary:
The subject property is approximately 0.29 acres in size and is located at 113 W Oakland Avenue on the north
side of W Oakland Avenue, approximately 150 feet west of N Cumberland Avenue. It is within the City's Downtown
Redevelopment Area Overlay, and the intent of the Downtown Redevelopment Area Overlay, as prescribed in
Section 5-3.1, is to attract reinvestment in the downtown area of Ocoee through flexible development regulations,
codes, and innovative designs which support land uses or mixes of land uses that promote the economic viability
of the City's downtown. Desirous land uses include, but are not limited to, retail, general commercial, restaurants,
professional offices and services, and a variety of residential uses.
The applicant is requesting a Comprehensive Plan Future Land Use Map Amendment (CPA) to convert the
property from Low-Density Residential (LDR) to Commercial (COMM) and a corresponding rezoning of the
property from R-IAA (Single-Family Dwelling District) to C-2 (Community Commercial District) zoning
classification in order to allow for the development of commercial, office and a variety of residential uses or mixed
land uses.
The table below lists the future land use designations, jurisdiction, existing land uses and zoning classifications
of the surrounding parcels:
Direction: JPA Future Land Use/Jurisdiction Existing Land Use/Zoning
North Low Density Residential/City of Ocoee Vacant lot/R-IAA
South Commercial I City of Ocoee Single-family residential uses/R-3
East Low-Density Residential/City of Ocoee Single-family residential use./R-1AA
West Low-Density Residential/City of Ocoee Single-family uses/R-1AA
In accordance with the Comprehensive Plan, the current Low-Density Residential (LDR) future land use
designation limits development on the property to one (1) single-family residential and no commercial uses. At a
floor area ratio (FAR) of 3.0 under the proposed Commercial future land use, the property could be developed
with up to 37,000 square feet of retail, restaurant, office, and other non-residential uses or a mix of residential
and non-residential uses.
Thus, the proposed CPA and rezoning would allow for the opportunity for commercial, residential, live/work, and
mixed uses to help stimulate economic activity near the City's downtown core and, as such, are consistent with
and support the goals of the City's Downtown Redevelopment Area Overlay. The proposed map amendment
and support the goals of the City's Downtown Redevelopment Area Overlay. The proposed map amendment
and rezoning are not anticipated to have adverse impacts on existing or planned public infrastructure. Therefore,
staff supports the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning.
Issue:
Should the City Commission approve the Small-Scale Comprehensive Plan Future Land Use Map (FLU)
Amendment from Low-Density Residential (LDR) to Commercial (COMM) land use designation and rezoning
from R-1AA(Single-Family Dwelling District)to C-2 (Community Commercial District) zoning classification for
the approximately 0.29-acre property located at 113 West Oakland Avenue, assigned parcel ID number 17-22-
28-2873-00-020?
Development Review Recommendation:
The Development Review Committee (DRC) met on Tuesday, August 31, 2021, to review the proposed Small •
-
Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning, and finding no issues, voted to
recommend approval of the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment from
Low-Density Residential (LDR) to Commercial (COMM) and the proposed rezoning from R-1AA (Single-Family
Dwelling District)to C-2 (Community Commercial District)for the approximately 0.29-acre property located at 113
West Oakland Avenue, assigned parcel ID number 17-22-28-2873-00-020.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) considered the proposed Small-Scale Comprehensive Plan Future
Land Use Map Amendment and corresponding Rezoning on September 14, 2021. The Planning and Zoning
Commission voted unanimously to recommend approval of the Small-Scale Comprehensive Plan Future Land
Use Map (FLU) Amendment from Low-Density Residential (LDR) to Commercial (COMM) land use designation
and rezoning from R-1AA (Single-Family Dwelling District) to C-2 (Community Commercial District) zoning
classification.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission adopt an ordinance amending the adopted
Future Land Use Map from Low-Density Residential (LDR) to Commercial (COMM) and amending the Official
Zoning Map from R-1AA(Single-Family Dwelling District)to C-2(Community Commercial District)for the property
located at 113 W. Oakland Avenue, assigned parcel ID number 17-22-28-2873-00-020.
Attachments:
Comprehensive Plan Amendment Ordinance
Rezoning Ordinance
Location Map
Aerial
Zoning Map
Future Land Use Map
Financial Impact:
None
Type of Item: (please mark with an 3e)
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second 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 0 N/A
ORDINANCE NO. 2021-
(Small-Scale CPA—113 W Oakland Ave)
TAX PARCEL ID: 17-22-28-2873-00-020
CASE NO. CPA-2021-005: 113 W Oakland Avenue—Aplausos LLC CPA
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991,
AS AMENDED, TO CHANGE THE ADOPTED FUTURE LAND USE MAP
DESIGNATION FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY .29 ACRES LOCATED AT 113 WEST OAKLAND
AVENUE FROM LOW DENSITY RESIDENTIAL (LDR) TO
COMMERCIAL (COMM); AUTHORIZING THE REVISION OF THE
CITY COMPREHENSIVE PLAN; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (the"Ocoee City Commission")
has adopted the City's Comprehensive Plan(the"Ocoee Comprehensive Plan")by Ordinance No.
91-28 on September 18, 1991 pursuant to Chapter 163, Part II,Florida Statutes,the Growth Policy
Act(the "Act"); and
WHEREAS, Chapter 163,Part II, Florida Statutes, sets forth procedures and requirements
for a local government to adopt a comprehensive plan and amendments thereto; and
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee,Florida,assigned tax parcel identification number 17-22-28-
2873-00-020, more particularly described in Exhibit "A" and depicted in Exhibit "B", has
submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future
Land Use designation (the "Comprehensive Plan Amendment") of said real property from Low
Density Residential to Commercial; and
WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of
the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive
Plan Amendment application and determined that said Comprehensive Plan Amendment is
consistent with the Ocoee Comprehensive Plan, as amended from time to time; and
WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local
Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday,
September 14,2021,to consider and make recommendation of said proposed Comprehensive Plan
Amendment; and
WHEREAS,pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, October 19,
2021, the Ocoee City Commission held a de novo advertised public hearing with respect to the
proposed Comprehensive Plan Amendment and determined, after consideration of public
comments, that the proposed Comprehensive Plan Amendment is consistent with the Ocoee
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
SECTION 2. AUTHORITY. The City Commission of the City of Ocoee 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 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use
Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to
change the future land use designation of the Subject Property, as particularly described in Exhibit
"A" and depicted in Exhibit"B", from Low Density Residential(LDR) to Commercial (COMM).
SECTION 4. COMPREHENSIVE PLAN. The City Clerk is hereby authorized and
directed to revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate
the Comprehensive Plan Amendment enacted by this Ordinance.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective thirty-one
(31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5),
Florida Statutes.
PASSED AND ADOPTED this day of , 2021.
Space intentionally left blank
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2021
READ FIRST TIME ,2021.
READ SECOND TIME AND ADOPTED
,2021.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2021.
SHUFFi ELD LOWMAN&WILSON,P.A.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
FREEMAN AND YARR REPLAT 60/99 LOT 2
EXHIBIT "B"
LOCATION MAP
113 IN Oakland Avenue-Aplaysos 1..LC
Small Scale Comprehensive Plan Amendment& Rezoning to Community Commercial
CPA-2021-005 & RZ-21-08413
L -.4 .. . „
t
di 71
L,j --.:-.
1
I
i
(
r iSt • r m e . d E Silver
— Rat
I ' iiiiiii Nat
Lee 'Street 0 iiiiiiIIII MN
z
Qtreet ci- immillp mow
rpm ittingita ,, • i-r
ammo I Li—V awl ( ___
III1 ipi---ia
411 ar1101' N\ LAKF STARKE
v; Er
, ." •III
y t A
..sok
1 z MN il 111
.1 1 mink
ELEE- • t
.ttif Flo al Street
I CD -I ' liC :71EIVEZEM:371146
---
- II
1111/1)hicv-Street1 'IP
1
el —
ORDINANCE NO.2021-
(Rezoning Ordinance for 113 W Oakland Ave)
TAX PARCEL ID: 17-22-28-2873-00-020
CASE NO. RZ-21-08-28: 113 W Oakland Avenue—Aplausos LLC Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM R-1AA (SINGLE FAMILY
DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL
DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 0.29 ACRES LOCATED AT 113 WEST OAKLAND
AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH REZONING 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
0.29 acres,more particularly described in Exhibit"A" and depicted in Exhibit"B" from R-1AA
to C-2; and
WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of
the City of Ocoee, Florida(the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that said Rezoning 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 review and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"), acting as the Local Planning Agency; and
WHEREAS, on September 14,2021,the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that said Rezoning 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 to be consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on October 19, 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 0.29 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1AA to C-2.
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 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby
finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 the Ocoee
City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2021.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2021
READ FIRST TIME , 2021.
READ SECOND TIME AND ADOPTED
, 2021.
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of ,2021.
SHUFF1ELD LOWMAN &WILSON,PA.
By:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
FREEMAN AND YARR REPLAT 60/99 LOT 2
EXHIBIT "B"
113 W Oaklan4 Avenge.,-Aplausat.LLC
Small Scale Comprehensive-Plan'Amendment& Rezoning to Community Commercial
CPA-2021-005 :& RZ-21-08-2'8
P --, . i , ,
I 1 •_ , ,
/ .
Lt.
- 1
•1:1 1 il .Silver .Sja
i • 1 r 0 ..,t- '
CD
imree Street , • .
FRI1T-11701t. Street : ' 1111111101,
11611111111111 i
—
. VI
LIA,:„ ...T,--LiviC r,
1111116•0•
I'•
:la st
A .
Z fl
' 111
Lr".. ..1" ,--_-_,......./.
II Ell . - mc. ortElat
. ... .„.... ..
.. -Fraut: ELECI,S4 '
ill
Olk
.4, E -ra, sic. :„, ii III Ak ,
, 0 ____.
I 0111,17.tnum:. :3-6,
.- -- , - .
_
w.oh,0, .st,
wir _
. . • 1. I
113 W Oakland Avenue -Aplausos LLC
Small Scale Comprehensive Plan Amendment & Rezoning to Community Commercial
CPA-2021-005 & RZ-21-08-28
1
--I
---- 1 'i
1
ef/ -----1
i J
— t 0 r • oa5 liver Sta.‘.
_.
ee Street I
43)
1..
III Street
;
,-- -- ' 7--71
40A
_____J
\LAKE STARKE
iAl
..;,... i
v• .
g .
tP,r_ 0
I ,
11111111 11111 `N
- --- MII" Elm
. t,
I -
, \\.
dOcitiqi ELEC. -u MINA
11a‘, , . .
40 at Street MEM liiiiiiIM. \
, ID III ii
I a EIDE MEMEIZajb \
\
CD _
W-0 10 511'P-et-
, .,
ti =
Yr 1 I '
a r
L )- - }
Nv PI
,. vl ,
Ys .I C .r. I
-. - i
- _ - F-, N Kissimn eAvonue,. .. •
'V r
IM dl - i
Air 4 r:■ 44
.. oor }er"+fir, r4. °' 1+� .qui �, .]
•
*.,
- 4..., glii i 4.
ir
•
•
N Cumberland,A4 _
ilk — "' r . •• !
k 41- .4. 11
- ` - 11� '-
1 1
•• .1,
r r, .•
h l�
. ` ` '.
s A -
. I-
•
I
. Ili r
•
• gi '. ,INA _. I..vs
D JF
jil N Bluford Age nue
O rw a 6-
as NNWiK.�aG�
8 0 .. . . . ..k 11111.,
co
IMIIIIIIIIi
Fa ,• r • 1 -
_
4 4
o I m t I - _
_ I - — :'
•'• d� 1 1
113 W Oakland Street - A plausos
Surrounding Zoning Map
0 ;
4144
.....-.0....,..:
(1)
DevelopmentS er vic es
Department
-1
C
0 45 90 180
Feet (1)
Created: September 2021 R.1 Aoi----
aSubjectProperty
Zoning Classification: ma _
1 Rs
General Agricultural (A-1) 1
Suburban(A-2)
Single-Family Dwelling(R 1AAA) —0— I
,____ B
Single-Family Dwelling(R-1 AA)
Single-Family Dwelling(R-1A)
Single-Family Dwelling (R-1)
One-&Two-Family Dwelling (R-2)
Multiple-Family Dwelling (R-3) 1 R...i tam.
Mobile Home Subdivision (RT-1)
iiiii
Professional Offices & Services (P-S)
tin
1.1 Neighborhood Shopping (C-1)
1.11 Community Commercial(C-2)
'7\-,1 .
=General Commercial (C-3)
Restricted Manufacturing
&Warehousing (I-1) mI 11
General Industrial(1-2)
M:Commercial(PUD)
Low Density (PUD)
Migi Medium Density (PUD)
High Density (PUD)
=Public Use (PUD)
M Unclassified uifl1 i
113 W Oakland Ave. - Aplausos LLC
Surrounding Future Land Use Map
0 ;
la..- ..
DevelopmentServices
Department
141.1r:d-
0 45 90 180
Feet
Created: September 2021
..i.
QSubjectProperty �, , --
Future Land Use Classification:
Low Density Residential(LDR)
Medium Density Residential(MDR) c3iic
High Density Residential (HDR)
EN Professional Offices and Services (PS) 121
=Commercial(COMM)
Lightlndustrial(LI)
El Heavy Industrial (HI (51,e.
)
Conservation/Floodplains (CONS)
Recreation and Open Space (REC)
11111 Public F acilities/Institutional(INST) _ '-' ofr. 441
1
) 77"—CraVIIIVT—All.r.