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HomeMy WebLinkAboutItem 07 First Reading of Ordinance for 1 Taylor Street Small-Scale Comprehensive Plan FLU 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 #: 7 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank Subject: First Reading of Ordinance for 1 Taylor Street Small-Scale Comprehensive Plan FLU Amendment from Heavy Industrial (HI) to Commercial (COMM) & Rezoning from I-1 (Restricted Manufacturing and Warehousing) to C-2 (Community Commercial); Project Nos. CPA-2024- 004 & RZ-24-03-02. (Development Services Director Rumer) Background Summary: Owner/Applicant: City of Ocoee General Location: The property is located within Commission District 2 on the northeast side of the Taylor St. and W. McKey St. intersection. Property Size and Parcel ID No.: The property contains approximately 0.21 acres and is assigned parcel identification number 18-22-28-0000-00-049. Actual land use, proposed land use, and unique features of the subject property: 1 Taylor Street is located in the City's Downtown Redevelopment Area. The property was purchased by the City on January 15, 2024, which removed years of Code Violations. The City is proposing the Land Use Amendment and Rezoning in order to ensure the property entitlements remain only for commercial, office, retail and restaurant uses. These uses are in line with the vision and future planning of the City Downtown Master Plan. Therefore, removing the industrial zoning and land use designation ensures the parcel will meet the Master Plan in the future. 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 HI (Heavy Industrial) I-1 (Light Manufacturing and Warehousing District) Vacant Downtown Redevelopment 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 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org North City HI (Heavy Industrial) I-2 (Heavy Industrial) Warehousing, Outside Storage South City LI (Light Industrial) I-1 (Light Manufacturing and Warehousing) Vacant East City COMM (Commercial) C-2 (Community Commercial) Vacant West City LI (Light Industrial) I-1 (Light Manufacturing and Warehousing) Restaurant/Vacant 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 COMM (Commercial) C-2 (Community Commercial) None Downtown Master Plan Consistency with Florida Statutes: Yes Consistency with JPA Agreement: Yes 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 continue to be via Taylor Street. Utilities: Potable Water Service is available, and sewer is being extended from the north on Oakland Avenue. Transportation: N/A Stormwater: N/A Schools: N/A Public Safety: N/A Issue: Should the Honorable Mayor and City Commissioners approve the ordinances for a Small-Scale Comprehensive Plan Future Land Use Map Amendment from Heavy Industrial (HI) to Commercial (COMM) and corresponding Rezoning from I-1 (Light Manufacturing and Warehousing District) to C-2 (Community Commercial District) for 1 Taylor Street? Recommendations: Development Review Committee (DRC) Recommendation: The Development Review Committee (DRC) met on Tuesday, April 2, 2024, to consider the application for a Small- City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Scale Comprehensive Plan Future Land Use Map Amendment (CPA) and Rezoning. The DRC made a recommendation of approval of the proposed Small Scale Comprehensive Plan Amendment from Heavy Industrial (HI) to Commercial (COMM) and corresponding Rezoning from I-1 (Light Manufacturing and Warehousing District) to C-2 (Community Commercial District). Planning and Zoning Commission (PZC): The PZC met on April 9, 2024, to consider the Small-Scale Comprehensive Plan Future Land Use Map Amendment (CPA) and Rezoning. The PZC made a unanimous decision to recommend approval of the ordinances for the proposed Small Scale Comprehensive Plan Amendment from Heavy Industrial (HI) to Commercial (COMM) and corresponding Rezoning from I-1 (Light Manufacturing and Warehousing District) to C-2 (Community Commercial District). Staff Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve the ordinances for a Small-Scale Comprehensive Plan Future Land Use Map Amendment from Heavy Industrial (HI) to Commercial (COMM) and corresponding Rezoning from I-1 (Light Manufacturing and Warehousing District) to C-2 (Community Commercial District) for 1 Taylor Street. Attachments: 1. Location Map 2. Aerial Map 3. Surrounding FLU Map 4. Surrounding Zoning Map 5. Small-Scale CPA Ordinance 6. Rezoning Ordinance Financial Impacts: None Type of Item: First Reading Bay StT a ylor St F l o r a l S t W O h i o S t W F r a n k l i n S t W O a kl a n d Av e W M c k e y S t N Bluford AveS Bluford AveS Kissimmee AveSills Aly 1 Taylor Street C PA & RezoningLocation Map I W Mckey St W Oakland Ave T a y l o r S t Bay StS Kissimmee AveI 0 40 8020Feet 1 Taylor Street2022 Aerial Photography HI LDR COMM LDR LDRINST COMM F l o r a l S t T a ylor St W O akla nd Ave Bay StW M c k e y S tLyle StSills Aly 1 Taylor Street Surrounding Future Land Use Map Created: month year Development ServicesDepartment I 0 120 24060Feet 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-2 C-2I-1 R-1AA-1 R-1AA I-2R-1 R-1C-3 R-1 R-1 F l o r a l S t W O akla nd Ave Bay St1 Taylor Street Surrounding Zoning Map Development ServicesDepartment I 0 120 24060Feet 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 – 1 Taylor Street) TAX PARCEL ID: 18-22-28-0000-00-049 CASE NO. CPA-2024-004: 1 Taylor 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 HEAVY INDUSTRIAL TO COMMERCIAL FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.21 ACRES LOCATED AT 1 TAYLOR STREET ON THE NORTHEAST SIDE OF TAYLOR STREET, AT THE INTERSECTION OF TAYLOR STREET AND WEST MCKEY 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- 0000-00-049, 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 High Industrial 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, 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 Heavy Industrial (HI) 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. 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 BEG NE COR OF SW1/4 OF SE1/4 RUN W 205 FT TO ROAD SELY ALONG ROAD TO POINTS S OF BEG N TO POB IN SEC 18-22-28 PARCEL ID NO.: 18-22-28-0000-00-049 EXHIBIT “B” ORDINANCE NO. 2024- (Rezoning Ordinance - 1 Taylor Street) TAX PARCEL ID: 18-22-28-0000-00-049 CASE NO. RZ-24-03-02: 1 Taylor Street Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM I-1 (LIGHT MANUFACTURING AND WAREHOUSING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.21 ACRES LOCATED AT 1 TAYLOR STREET ON THE NORTHEAST SIDE OF TAYLOR STREET, AT THE INTERSECTION OF TAYLOR STREET AND WEST MCKEY 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 0.21 acres, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, from I-1 (Light Manufacturing and Warehousing District) to C-2 (Community Commercial District); 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 0.21 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from I-1 (Light Manufacturing and Warehousing District) to C-2 (Community Commercial District). 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 BEG NE COR OF SW1/4 OF SE1/4 RUN W 205 FT TO ROAD SELY ALONG ROAD TO POINTS S OF BEG N TO POB IN SEC 18-22-28 PARCEL ID NO.: 18-22-28-0000-00-049 EXHIBIT “B”