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HomeMy WebLinkAboutItem 05 First Reading of Ordinance for Arya Offices at 868 Roberson Road Small Scale Comprehensive Plan Future Land Use Map Amendment and Rezoning to Professional Offices and Services District; Project No(s). CPA-2021-003 & RZ-21-07-27 oc_oee florida AGENDA ITEM COVER SHEET Meeting Date: October 19, 2021 Item # 5- fix Reviewed By: %��Contact Name: Anoch P. Whitfield Department Director: Contact Number: Ext. 1016 City Manager: Subject: Arya Offices Small-Scale Comprehensive Plan (CPA) Future Land Use (FLU) Map Amendment from Low-Density Residential (LDR) to Professional Offices and Services (P-S) Land Use Designation and Rezoning from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District) Zoning Classification Project No(s): CPA-2021-003 & RZ-21-07-27 Commission District# 3 — Richard Firstner Background Summary: The subject property is located on the north side of Roberson Road, approximately 627 feet east of the Tomyn Boulevard (Windermere Road) and Roberson Road round-about. The property is approximately 10.47 acres in size, of which approximately 2.45 acres are designated as wetlands/flood zones, 1.94 acres is the subject of this proposed amendment and rezoning, and the remainder has been previously approved for a four-story 203,000 square foot, 142-unit Independent Living Facility (ILF). The property has two (2) Future Land Use designations: Low-Density Residential, which makes up the majority of the site, and Conservation/Floodplains, which is generally within the southeast portion of the property. The proposed small-scale future land use map amendment is to change an approximately 1.94-acre portion in the southwest portion of the property from Low-Density Residential (LDR) to Professional Offices and Services (P- S), and the proposed rezoning is to convert that 1.94-acre portion from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District) in order to allow for the development of medical office buildings. 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 / EXISTING LAND USE/ZONING JURISDICTION North Low Density Residential & LDR & Conservation/Floodplains/PUD Conservation/Floodplains/ City of (Planned Unit Development - Pet Paradise) Ocoee East Low Density Residential & LDR & Conservation/Floodplains/PUD Conservation/Floodplains/ City of (Planned Unit Development-Wesmere Ocoee Subdivision Conservation Tract) South Recreation and Open Space/ Orange Recreational Park/ P-D (Plan Development County George Bailey Park) West Low Density Residential & Agriculture/A-1 "Agriculture" Conservation/Floodplains/ Orange (FKA: Bru-Mar Nursery) County The property located immediately west of the subject property and north of the proposed rezoning area (assigned parcel ID 31-22-28-0000-00-051) was previously approved for an Assisted Living Facility (ALF)/Memory Care facility. Thus, the proposed CPA and Rezoning for medical office uses would support the previously approved ALF/Memory Care Facility and Independent Living Facility. Water, sanitary sewer, reclaimed water (when available), solid waste, and police and fire protection will all be provided by the City of Ocoee. The proposed medical office use in close proximity to the approved ALF and ILF facilities provide for a unique opportunity for seniors to age in place or to have a spouse live next to someone needing daily care. Staff supports and finds no issues with the requested Small-Scale Comprehensive Plan Future Land Use Map Amendment and corresponding Rezoning. Issue: Should the Honorable Mayor and City Commission approve the small-scale future land use map (FLU) amendment from Low-Density Residential (LDR) to Professional Offices and Services (P-S) land use designation and rezoning from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District) for a 1.94-acre portion of the approximately 10.47-acre property located at 868 Roberson Road assigned parcel ID 31-22-28-0000-00-005? Development Review Recommendation: The Development Review Committee (DRC) met on Monday, August 23, 2021, to review the proposed rezoning from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District), and finding no issues, recommended approval of the rezoning for the approximately 1.94-acre portion of the property assigned parcel ID 31-22-28-0000-00-005 subject to a condition that the Small-Scale Comprehensive Plan Future Land Use Map Amendment is submitted and approved. The DRC met on Tuesday, August 31, 2021, to review the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment (CPA) from Low-Density Residential (LDR) to Professional Offices and Services (P- S) land use designation, and finding no issues, recommended approval of the CPA for the approximately 1.94- acre portion of the property located at 868 Roberson Road assigned parcel ID 31-22-28-0000-00-005. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) reviewed the proposed Small-Scale Comprehensive Plan Future Land Use Map Amendment and corresponding Rezoning on October 12, 2021. Finding no issues, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Small-Scale Comprehensive Plan Future Land Use Map (FLU) Amendment from Low-Density Residential (LDR) to Professional Offices and Services (P-S) land use designation and Rezoning from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District) for the 1.94-acre portion of the approximately 10.47- acre property located at 868 Roberson Road assigned parcel ID 31-22-28-0000-00-005. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commission approve the proposed Small-Scale Comprehensive Plan Future Land Use Map (FLU) Amendment from Low-Density Residential (LDR) to Professional Offices and Services (P-S) land use designation and Rezoning from R-1AA (Single-Family Dwelling District) to P-S (Professional Offices and Services District) for the 1.94-acre portion of the approximately 10.47- acre property located at 868 Roberson Road assigned parcel ID 31-22-28-0000-00-005. Attachments: Comprehensive Plan Amendment Ordinance Rezoning Ordinance Location Map Aerial Map Future Land Use Map Zoning Map Financial Impact: None Type of Item: (please mark with an `x') 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 () N/A ORDINANCE NO. 2021- (Small-Scale CPA—Arya Offices) TAX PARCEL ID: 31-22-28-0000-00-005 CASE NO. CPA-2021-003: Arya Offices Small-Scale Comprehensive Plan Amendment 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 1.94 ACRES LOCATED AT 868 ROBERSON ROAD FROM LOW DENSITY RESIDENTIAL (LDR) TO PROFESSIONAL OFFICES AND SERVICES (P-S); 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 31-22-28- 0000-00-005, 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 Professional Offices and Services; 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, October 12, 2021, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, November 2, 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 Professional Offices and Services (P-S). 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. SHUFFIELD LOWMAN&WILSON,P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION S 17 1/2 ACRES OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS PT TAKEN FOR R/W ON S PER OR 5093/2636) OF SEC 31-22-28 & (LESS COMM AT THE SW CORNER OF THE SW 1/4 OF THE NW 1/4 SEC 31-22-28 TH N89-35-56E 1321.84 FT TH N00-09-08W 30 FT TH S89-35-56W 640 FT TO THE POB TH NO0-09- 28W 400.11 FT TH 589-59-38E 368.32 FT TH N08-36-00E 15.36 FT TH N00-37-13E 712.4 FT TH S89- 35-56W 398.15 FT TH S00-09-18E 1125 FT TH N89-35-56E 20 FT TO THE POB PER DOC# 20160085380) EXHIBIT "B" LOCATION MAP Arya Office Small Scale FLU Map Amendment & Rezoning CPA-2021-003 & RZ-21 -07-27_ �. :if * r. i 71 Hop •i. r ERTHIP ' R c' / _____ AlikTipS ...v• . V - - ,____ f: r s+off;*gi p.,.A. ��� wogOil lb - .i 1::V.Vil -1 LA4 ______-/ �� ;tic 1 1 - rir; 7_,/ t w y , _ . IidI1iiiil� s /� I �� ^ 4- c Ih fi:. R T. •itr '41 - cc i-4 ir %( AVO - '-'- i Ll NI 4111 11111111111014*4* IL ' #111 i) k41,i 0 Iggat lie 1--r/C- - -' la) --,r, - 1 1 WWI lir awn -c-1 , --lel** %iv IiiimummwaikitA hill ' \ � ��'iP �/` �� \ 4W. 0 .111m111" .....41111 � 0 -----I\' 1 1 4" • �� Ie -, WI- - ,, � - ORDINANCE NO. 2021- (Rezoning Ordinance for Arya Offices) TAX PARCEL ID: 31-22-28-0000-00-005 CASE NO.RZ-21-07-27: 868 Roberson Road—Arya Offices Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1AA (SINGLE FAMILY DWELLING DISTRICT) TO P-S (PROFESSIONAL OFFICES AND SERVICES DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.94 ACRES LOCATED AT 868 ROBERSON ROAD, 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 1.94 acres, more particularly described in Exhibit"A" and depicted in Exhibit"B" from R-1AA to P-S; 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 October 12, 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 November 2,2021,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 1.94 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1AA to P-S. 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. SHUFFIELD LOWMAN&WILSON,P.A. By: City Attorney EXHIBIT "A" LEGAL DESCRIPTION S 17 1/2 ACRES OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS PT TAKEN FOR R/W ON S PER OR 5093/2636) OF SEC 31-22-28 & (LESS COMM AT THE SW CORNER OF THE SW 1/4 OF THE NW 1/4 SEC 31-22-28 TH N89-35-56E 1321.84 FT TH N00-09-08W 30 FT TH S89-35-56W 640 FT TO THE POB TH NO0-09- 28W 400.11 FT TH 589-59-38E 368.32 FT TH N08-36-00E 15.36 FT TH N00-37-13E 712.4 FT TH S89- 35-56W 398.15 FT TH S00-09-18E 1125 FT TH N89-35-56E 20 FT TO THE POB PER DOC# 20160085380) EXHIBIT "B" LOCATION MAP Arya Office Small Scale FLU Map Amendment & Rezoning CPA-2021 -003 & RZ-21 -07-27 _k--�_ ix- o - `CZ7`T I I I 'F- - 0 ?an f „„r _ i..,' I p 0 r �o .-it4Slirik Oh" %kV :'' . V ' 11E61 _ • 0-- 'LI ci I el" le A. . $464,0 .._ , 1:T i EN.. . , _ I, c ... w„.* 04! 4* -v '''\\t\ V. 4 zvir-ifi 4r- 410-00 ' ak, 0311 RiBil n C) '''' ,�. 4 7 / • r /- / J4fIII , ./- w / 11 #1 II*,Pt 1. , _ 3%•` -fift pi *.,411141: n \'' 411111 4,4,i. 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Arya Surrounding Zoning Map 0 _; y -r.fir 'S■.*•: w_1 Developments ervi ces A-1 Department o' xxf ri�r�■1 .ti r �4 0 110 220 440 O ■� r1 � L• !�!Feet = - • 1 i YYrj '� Created: September 2 02 1 ,Q) -:_ r��r}:_..._r_w_ti.,_.1_L:':L� :1 r • 11 "i i tx, 1;ii��ii i ti�:i.1_xi,'$ E ?' .i�r.;nhgilt a ,�S al Subject Property 0 t {' r. Y.L :r : 1 _ ,.. : • r ' 7■}_t{-?tt:ix■r h &• -i'ixi ivirixi i''- j n 1.' 4„,„,,,,....::_„:::: PUD-LZoning Classification: L ` � :• t 1 General Agricultural (A-1) _. ` �1 �' :4 4 _\ ) I Suburban(A-2) _ :r �• =>i :.tir .. � � � ,t Single Family Dwelling(R-1AAA) = 1' ';: ~ �L. - \ " ti Single Family Dwelling(R-1AA) = �:_:' '': ~-'`'_� -'� � - 1 L •� ,y i i r1■,-�4�;■ •r■ ■ ��V 4 r _ Single Family Dwelling(R-1A) fiL 1 R-1 AA `-Single-Family -1) V_.=;:._}; , �.�r / I One- &Two-Family Dwelling (R-2) 3;; '•'•'■'■ "�a ' // NM Multiple-Family Dwelling (R-3) •v rx �_ IIIII Mobile Home Subdivision (RT-1) ' ti f , ---+— -:- -- .� VJn, y,'� =Professional Offices & Services (P-S) ''�� i 1�s Neighborhood Shopping (C 1) s `_ �v �Community Commercial(C 2) Robe rs _Road �—� ( �� MI General Commercial (C-3) Restricted Manufacturing &Warehousing (I-1) Vi L rn itI General Industrial(1-2) i iu I Commercial(PUD) el/ P41 Low Density (PUD) � - Medium Density (PUD) High Density (PUD) ( I Ell Public Use (PUD) rie:& \ 1 H ' 7d Unclassified