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Home My WebLink AboutItem 06 First Reading of Ordinances for 789 Pine Street Small-Scale Comprehensive Plan Amendment City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: May 7, 2024 Item #: 6 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank Subject: First Reading of Ordinances for 789 Pine Street Small-Scale Comprehensive Plan Amendment from Low-Density Residential (LDR) to Light Industrial (LI) & Rezoning from Single-Family Dwelling (R-1A) to Restricted Manufacturing & Warehousing (I-1); Project No. CPA-2024-002 & RZ-24-02-01. (Development Services Director Rumer) Background Summary: Owner/Applicant: Cotton Goodman Properties, LLC General Location: The property is located in Commission District 3 and is located on the east side of Pine St., approximately 1,137 feet north of Palm Dr. at the intersection of Pine St. Property Size and Parcel ID No.: The property contains approximately 2.51 acres and is assigned parcel identification number 18-22-28-0000-00-003. Existing Site Conditions: The table below summarizes the existing conditions of the property. Current Future Land Use (FLU) Map Designation Current Zoning District Existing Land Use Overlays/Unique Features Low Density Residential (Up to 4 units per acre) (Max: 4 lots) R-1A Existing Single-Family, wooded Business Character Area Overlay District & Wekiva Study Area The property is surrounded by the following: jurisdictions, Future Land Use Map designations, zoning districts and land uses. Direction Jurisdiction FLUM Designation Zoning District Existing Land Use North Orange County Low Density Residential A-1 Single Family Dwelling South City Low Density Residential R-1A Single Family Dwelling East City Light Industrial I-1 Restricted Manufacturing & Warehousing West City Low Density Residential A-2 Single Family Dwelling City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Proposed Site Conditions: The table below summarizes the applicant's request and potential development on the subject property. Proposed FLUM Designation Proposed Zoning District Proposed Use Proposed Development Standards Light Industrial I-1 (Restricted Manufacturing & Warehousing) Stormwater Pond/Light Industrial LDC Consistency with Florida Statutes: N/A Consistency with JPA Agreement: N/A Consistency with Adopted Comprehensive Plan: The property is located within the Downtown Redevelopment Area (DRA), which is intended to attract reinvestment in the downtown area of Ocoee through flexible development regulations and innovative designs. Development of the downtown should include mixed uses and various forms of residential uses. Access: Access will be from the new east/west road being constructed by the developer of 450 Ocoee Apopka Road until such time when Pine Street designed and improved to City standards. Utilities: Site will be served by Ocoee Water and Sewer. Transportation: N/A Proposed stormwater pond. Stormwater: Stormwater drainage will be provided on-site and will be finalized at the time of site plan review. Schools: N/A Public Safety: The property is currently within fire and police protection and service zones. Issue: Should the Honorable Mayor and City Commissioners approve the ordinances for a Small-Scale Comprehensive Plan Future Land Use Map Amendment from Low Density Residential (LDR) to Light Industrial (LI) and corresponding Rezoning from R-1A (Single Family Dwelling District) to I-1 (Restricted Manufacturing & Warehousing)? Recommendations: Development Review Committee (DRC) Recommendation: The Development Review Committee (DRC) met on Tuesday, April 2, 2024, to consider the application for a Small- Scale Comprehensive Plan Future Land Use Map Amendment (CPA) and Rezoning to I-1. The DRC made a recommendation of approval. Planning and Zoning Commission (PZC) Recommendation The PZC met on Tuesday, April 9, 2024, to consider the Small-Scale Comprehensive Plan Future Land Use Map Amendment (CPA) and Rezoning to I-1. The PZC made a unanimous recommendation of approval. Staff Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve the ordinances for the Small-Scale Comprehensive Plan Future Land Use Map Amendment from Low Density Residential (LDR) to Light Industrial (LI) and corresponding Rezoning from R-1A (Single Family Dwelling District) to I-1 (Restricted Manufacturing & City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Warehousing). Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Surrounding Zoning Map 5. Small-Scale CPA Ordinance 6. Rezoning Ordinance Financial Impacts: No Financial Impacts Type of Item: First Reading S SR 429N SR 429P a l m D r Pine StOcoee Apopka RdCokles Key Dr 789 Pine Street Small-Scale CPA and RezoningLocation Map I Pine StN SR 429Ocoee Apopka RdI 0 100 20050Feet 789 Pine Street2022 Aerial Photography LDR LILI COM M LI LDR LIMDR LI HDRHDRLDRPine StP a l m D r Ocoee Apopka Rd789 Pine Street CPA & RezoningSurrounding Future Land Use Map Created: month year Development ServicesDepartment I 0 160 32080Feet 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) I-1 R-1A I-1 A-2 C-2RT-1 R-1A I-1A-2 C-2 C-3Pine StS SR 429N SR 429Palm Dr Ocoee Apopka Rd789 Pine Street Surrounding Zoning Map Development ServicesDepartment I 0 180 36090Feet 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 ORDINANCE NO. 2024- (Small-Scale Comprehensive Plan Amendment – 789 Pine Street) TAX PARCEL ID: 18-22-28-0000-00-003 CASE NO. CPA-2024-002: 789 Pine Street 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 LOW DENSITY RESIDENTIAL TO LIGHT INDUSTRIAL FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.51 ACRES LOCATED AT 789 PINE STREET ON THE EAST SIDE OF PINE STREET, APPROXIMATELY 1,137 FEET NORTH OF THE ITERSECTION OF PALM DRIVE AND PINE STREET; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; 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 18-22-28- 0000-00-003, 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 Light Industrial; 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, April 9, 2024, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, May 21, 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 Low Density Residential (LDR) to Light Industrial (LI). 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 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 A: BEGINNING 100 feet South of the Northwest corner of the following described property: the North half of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 18, Township 22 South, Range 28 East, Orange County, Florida, run thence South 100 feet, thence East 150 feet, thence North 100 feet, thence West 150 feet to the POINT OF BEGINNING. ALSO The South 100 feet of the North 200 feet, LESS the West 150 feet thereof, of the following described tract: the North half of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 18, Township 22 South, Range 28 east, LESS a tract across the East end 23 yards wide at the North end and 35 yards wide at the South end. Parcel B: The North 100 feet of the following described property: the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida, LESS road right of way and LESS the following: the East end 23 yards wide at the North end and 35 yards wide at the South end. PARCEL ID NO.: 18-22-28-0000-00-003 S SR 429N SR 429Palm Dr Pine StOcoee Apopka RdCokl e s K e y D r EXHIBIT "B" LOCATION MAP - 789 PINE STREET I ORDINANCE NO. 2024- (Rezoning Ordinance – 789 Pine Street) TAX PARCEL ID: 18-22-28-0000-00-003 CASE NO. RZ-24-02-01: 789 Pine Street Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1A (SINGLE FAMILY DWELLING DISTRICT) TO I-1 (LIGHT MANUFACTURING AND WAREHOUSING DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.51 ACRES LOCATED AT 789 PINE STREET ON THE EAST SIDE OF PINE STREET, APPROXIMATELY 1,137 FEET NORTH OF THE INTERSECTION OF PALM DRIVE AND PINE STREET; 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 properties 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 properties containing approximately 2.51 acres, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, from R-1A (Single-Family Dwelling District) to I-1 (Light Manufacturing and Warehousing); 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 April 9, 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 May 21 , 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 Properties described in Exhibit “A” containing approximately 2.51 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1A (Single- Family Dwelling District) to I-1 (Light Manufacturing and Warehousing). 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 lands 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 A: BEGINNING 100 feet South of the Northwest corner of the following described property: the North half of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 18, Township 22 South, Range 28 East, Orange County, Florida, run thence South 100 feet, thence East 150 feet, thence North 100 feet, thence West 150 feet to the POINT OF BEGINNING. ALSO The South 100 feet of the North 200 feet, LESS the West 150 feet thereof, of the following described tract: the North half of the Northwest quarter of the Northeast quarter of the Northwest quarter of Section 18, Township 22 South, Range 28 east, LESS a tract across the East end 23 yards wide at the North end and 35 yards wide at the South end. Parcel B: The North 100 feet of the following described property: the North 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida, LESS road right of way and LESS the following: the East end 23 yards wide at the North end and 35 yards wide at the South end. PARCEL ID NO.: 18-22-28-0000-00-003 S SR 429N SR 429Palm Dr Pine StOcoee Apopka RdCokl e s K e y D r EXHIBIT "B" LOCATION MAP - 789 PINE STREET I