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HomeMy WebLinkAboutItem 16 Second Reading of Ordinance for Mansour Property Rezoning City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: March 5, 2024 Item #: 16 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: Second Reading of Ordinance for Mansour Property Rezoning from R-1 (Single Family Dwelling District) to C-2 (Community Commercial District); Project No. RZ-23-12-11. (Zoning Manager Whitfield) Background Summary: First Reading of Ordinance held on February 20, 2024. Owner/Applicant: The property/applicant is owned by Magdy Mansour. Site Location: The property is located in Commission District 3 on the south side of West Silver Star Road, beginning approximately 181 feet east of the intersection of Ocoee Apopka Road and West Silver Star Road. Property Size & Parcel Identification Number: The property contains approximately 0.28 acres and is assigned parcel ID number 18-22-28-3116-02-140. Existing Site Conditions: The table below summarizes the existing site characteristics of the property. Current Future Land Use Map (FLUM) Designation Current Zoning District Existing Land Use Unique Features/Overlay Districts Commercial R-1 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 Commercial C-2 Single-family residential South City of Ocoee Commercial C-2 Vacant East City of Ocoee Commercial C-2 Single-family residential City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org West City of Ocoee Commercial C-2 Commercial/Retail Proposed Development: The applicant is requesting a rezoning from R-1 (Single Family Dwelling District) to C- 2 (Community Commercial District) and is not proposing a specific use at this time. Consistency with the Adopted Comprehensive Plan: The proposed C-2 zoning classification will bring the property into compliance and consistency with the current Commercial future land use designation. Transportation and Access: The site is currently accessed by and will continue to be accessed via West Silver Star Road. Utilities: The Utilities Department has no issues with this rezoning. Stormwater: Stormwater will be required to be provided on-site as needed and will be evaluated at the time of site plan review. Schools: Not applicable. Recreation and Open Space: Not applicable. Issue: Should the Honorable Mayor and City Commissioners approve the proposed ordinance for the Rezoning from R-1 (Single Family Dwelling District) to C-2 (Community Commercial District) for the property located on the Mansour Property, assigned parcel ID number 18-22-28-3116-02-140? Recommendations: Development Review Committee (DRC) Recommendation: The DRC met on Tuesday, January 2, 2024, to consider this item and, finding no issues, made a recommendation of approval of the rezoning from R-1 to C-2 for the Mansour Property, assigned parcel ID number 18-22-28-3116-02-140. 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 rezoning from R-1 to C-2. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commissioners approve the proposed ordinance for the Rezoning from R-1 (Single Family Dwelling District) to C-2 (Community Commercial District) for the property located on the Mansour Property, assigned parcel ID number 18-22-28-3116-02-140. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Surrounding Zoning Map 5. Rezoning Ordinance 6. Legal Ad Financial Impacts: N/A City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Second Reading Public Hearing Lee St W F r a n k l i n S t W S i l v e r S t a r R d Palm Dr Mansour Property RezoningLocation Map I Lee St W Silver Star Rd Taylor StOcoee Apopka RdI 0 40 8020Feet Mansour Property Rezoning 2022 Aerial Map COMM LI MDR HI LDR LDR Lee St W Franklin St W Silver Star Rd Mansour Property RezoningFuture Land Use Map I Pa l m D r Lee St W F r a n k l i n S t W S i l v e r S t a r R d Palm Dr Mansour Property RezoningSurrounding Zoning Map I ORDINANCE NO. 2024- (Rezoning Ordinance for Mansour Property) TAX PARCEL ID: 18-22-28-3116-02-140 CASE NO. RZ-23-12-11: Mansour Property AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1 (SINGLE FAMILY DISTRICT TO C-2 (COMMUNITY COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.28 ACRES LOCATED AT ON THE SOUTH SIDE OF WEST SILVER STAR ROAD, BEGINNING APPROXIMATELY 181 FEET EAST OF THE OCOEE APOPKA ROAD AT WEST SILVER STAR ROAD INTERSECTION, AND ASSIGNED PARCEL IDENTIFICATION NUMBER 18-22-28-3116-02-140; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; PROVIDING FOR SEVERABILITY; AND 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 0.28 acres, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, from R-1 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 the 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 February 13, 2024, 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 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 March 5, 2024, 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 0.28 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1 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. 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 ten (10) days after its passage and adoption. PASSED AND ADOPTED this _____ day of ______________, 2024. 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. _____ EXHIBIT “A” LEGAL DESCRIPTION PARCEL ID NO.: 18-22-28-3116-02-140 GRACE PARK M/8 LOTS 14 & 15 BLK B EXHIBIT “B”