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Home My WebLink AboutItem 12 First Reading of Ordinance for W. Delaware Street - West Property Small-Scale CPA City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: February 20, 2024 Item #: 12 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: First Reading of Ordinance for W. Delaware Street - West Property Small-Scale Comprehensive Plan Amendment from Public Facilities/Institutional to Low-Density Residential; Project No. CPA-2024-001. (Zoning Manager Whitfield) Background Summary: Owner/Applicant: The property/applicant is owned by Thomas Scott West. Site Location: The property is located in Commission District 2 on the north side of West Delaware Street, beginning approximately 360 feet west of the West Delaware Street and South Bluford Avenue intersection. Property Size & Parcel Identification Number: The property contains approximately 1.0 acres and is assigned parcel ID number 17-22-28-6144-04-031. Existing Site Conditions: The table below summarizes the existing site characteristics of the property. Current Future Land Use Map Designation Current Zoning District Existing Land Use Unique Features/Overlay Districts Public Facilities/Institutional R-1AA Vacant None 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 Public Facilities/Institutional R-1AA Vacant land with scattered trees South City of Ocoee Low Density Residential R-1AA Single-family residential and Vacant Tract A Page 224 of 309 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org East City of Ocoee Low Density Residential R-1AA Single-family residential West City of Ocoee Light Industrial I-1 Vacant wooded land Proposed Development: The property is predominantly surrounded by residential homes and has the Public Facilities/Institutional future land use designation, which does not allow residential uses. The applicant is requesting to change the future land use designation from Public Facilities/Institutional to Low Density Residential in order to split the property into three (3) 0.33-acre lots in order to build single-family detached homes. As the property is currently zoned R-1AA, the proposed Low Density Residential future land use will create consistency between the zoning district and the future land use designation. Consistency with the Adopted Comprehensive Plan: The proposed Low Density Residential future land use designation is consistent with the existing LDR designation of the surrounding properties on the west side of South Kissimmee Avenue and the railroad track. Transportation and Access: The site is currently accessed by, and the future lots will continue to be accessed via West Delaware Street. Utilities: The Utilities Department has no issues with this Comprehensive Plan Amendment. Stormwater: Not applicable. Schools: Not applicable. Recreation and Open Space: Not applicable. Issue: Should the Honorable Mayor and City Commissioners approve the proposed ordinance for a Small-Scale Comprehensive Plan Future Land Use Map Amendment to change the future land use map designation from Public Facilities/Institutional (INST) to Low Density Residential (LDR) for the W. Delaware Street - West Property, assigned parcel ID number 17-22-28-6144-04-031? Recommendations: Development Review Committee Recommendation The DRC met on Tuesday, Februrary 6, 2024, to consider this item and, finding no issues, made a recommendation of approval of the Small-Scale Comprehensive Plan Future Land Use Amendment to change the future land use map designation from Public Facilities/Institutional to Low Density Residential for the West Delaware Street - West Property, assigned parcel ID number 17-22-28-6144-04-031. Planning & Zoning Commission (PZC) Recommendation: The PZC met on Tuesday, February 13, 2024, to consider this item and, finding no issues, made a recommendation of approval of the Small-scale Comprehensive Plan Future Land Use Map Amendment to change the land use designation of the West Property from Public Facilities/Institutional to Low Density Residential to create consistency between the Future Land Use Designation and the Zoning classification of the property. Staff Recommendation Staff recommends that the Honorable Mayor and City Commissioners approve the proposed ordinance for a Small-Scale Comprehensive Plan Future Land Use Map Amendment to change the future land use map designation from Public Facilities/Institutional (INST) to Low Density Residential (LDR) for the W. Delaware Street - West Property, assigned parcel ID number 17-22-28-6144-04-031. Page 225 of 309 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Attachments: 1. Location Map 2. Aerial Map 3. Surrounding FLUM 4. Surrounding Zoning 5. Property Survey 6. SSCPA Ordinance Financial Impacts: N/A Type of Item: First Reading Page 226 of 309 Bay StS Bluford AveF l o r a l S t W O h i o S t S Kissimmee AveW. Delaware St. - Small-Scale Comp. Plan AmendmentLocation Map I Page 227 of 309 S Bluford AveS Kissimmee AveW Delaware StBay StS Cumberland AveI 0 60 12030Feet W. Delaware St - West Property Comprehensive Plan Amendment2022 Aerial Photography Page 228 of 309 LI LDR INST LD R W O h i o S t S Bluford AveS Kissimmee AveBay StW D elaware St Property Comprehensive Plan AmendmentSurrounding Future Land Use Map Created: month year Development ServicesDepartment I 0 100 20050Feet 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) Page 229 of 309 I-1 R-1A A R-1A R-1A S Bluford AveS Kissimmee AveBay StW Delaware St Property Small-Scale Comprehensive Plan AmendmentSurrounding Zoning Map Development ServicesDepartment I 0 100 20050Feet Created: month year 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 Page 230 of 309 Page 231 of 309 ORDINANCE NO. 2024- (Small-Scale CPA – W. Delaware St. Property) TAX PARCEL ID: 17-22-28-6144-04-031 CASE NO. CPA-2024-001: W. Delaware St. Property 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; AMENDING THE FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM PUBLIC FACILITIES/ INSTITUTIONAL TO LOW DENSITY RESIDENTIAL FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.0 ACRES LOCATED ON THE NORTH SIDE OF WEST DELAWARE STREET BEGINNING APPROXIMATELY 360 FEET WEST OF THE WEST DELAWARE STREET AND SOUTH BLUFORD AVENUE INTERSECTION; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; PROVIDING FOR SEVERABILITY; AND 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- 6144-04-031, 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 Institutional to Low Density Residential; 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, Page 232 of 309 February 13, 2024, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, March 5, 2024, 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 Public Facilities/Institutional (INST) to Low Density Residential (LDR). 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. This ordinance prevails in the event of any inconsistency with all ordinances or parts of ordinances in conflict herewith. 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 ______________________, 2024. Space intentionally left blank Page 233 of 309 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. _______ Page 234 of 309 EXHIBIT “A” LEGAL DESCRIPTION PARCEL ID NO.: 17-22-28-6144-04-031 TOWN OF OCOEE A/100 S 140 FT LOT 3 BLK 4 LYING E OF RR R/W & S 140 FT OF W 30 FT OF VAC R/W ON E PER 20180237168. Page 235 of 309 EXHIBIT “B” Page 236 of 309