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HomeMy WebLinkAboutItem 07 Second Reading of Ordinance for 338 N. Bluford Avenue - Rodriguez Property SSCPA and Rezoning City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 18, 2024 Item #: 7 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank Subject: Second Reading of Ordinance for 338 N. Bluford Avenue - Rodriguez Property Small Scale Comprehensive Plan Future Land Use Map Amendment from LDR (Low Density Residential) to COMM (Commercial) and corresponding Rezoning from R-1AA (Single Family Dwelling) to C-2 (Community Commercial); Project No(s). CPA-2024-005 & RZ-24-03-04. (Development Services Director Rumer) Background Summary: First Reading of Ordinance held on June 4, 2024. Owner/Applicant: Ana Rodriguez General Location: The property is located within Commission District 2 on the west side of N. Bluford Avenue and north of W. Silver Star Road. Property Size and Parcel ID No.: The property contains approximately 0.44 acres and is assigned parcel identification number 18-22-28-4100-00-131. Actual land use, proposed land use, and unique features of the subject property: 338 N. Bluford Ave is located north of the City's Downtown Redevelopment Area. The property is located in an area that is transitioning to commercial. 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 LDR (Low Density Residential) R-1AA (Single-Family Dwelling) Vacant Adjacent to 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. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Direction Jurisdiction FLUM Designation Zoning District Existing Land Use North City LDR (Low Density Residential) R-1AA (Single- Family) Single-Family Dwelling South City LDR (Low Density Residential) R-1AA (Single- Family) Single-Family Dwelling East City LDR (Low Density Residential) R-1AA (Single- Family) Single-Family Dwelling West City LDR (Low Density Residential) R-1AA (Single- Family) Single-Family Dwelling 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 Bluford Ave. Utilities: Potable Water and sewer is in the area. There may be conflicts or high cost to connect to sewer. Transportation: N/A Stormwater: N/A Schools: N/A Public Safety: N/A Issue: Should the Honorable Mayor and City Commissioners approve ordinances for a Small-Scale Comprehensive Plan Future Land Use Map Amendment from LDR (Low Density Residential) to COMM (Commercial) and corresponding Rezoning from R-1AA (Single Family Dwelling) to C-2 (Community Commercial District) for 338 N. Bluford Avenue ? City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Recommendations: Development Review Committee (DRC) Recommendation: The Development Review Committee (DRC) met on Tuesday, May 7, 2024, to consider the application for a Small- 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 LDR (Low Density Residential) to COMM (Commercial) and corresponding Rezoning from R-1AA (Single-Family Dwelling District) to C-2 (Community Commercial District) for the property located at 338 N. Bluford Avenue. Planning and Zoning Commission (PZC) Recommendation The PZC met on Tuesday, May 14, 2024, to consider the Small-Scale Comprehensive Plan Future Land Use Map Amendment (CPA) and Rezoning C-2. The PZC made a unanimous recommendation of approval. Staff Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve ordinances for the Small-Scale Comprehensive Plan Future Land Use Map Amendment from LDR (Low Density Residential) to COMM (Commercial) and corresponding Rezoning from R-1AA (Single Family Dwelling District) to C-2 (Community Commercial District) for the property located at 338 N. Bluford Avenue. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Surrounding Zoning Map 5. SSCPA Ordinance - 338 N. Bluford Ave 6. Rezoning Ordinance - 338 N. Bluford Ave 7. Advertisement Financial Impacts: None Type of Item: Second Reading Public Hearing LAKE STARKE N Bluford AveR ew is S tW F r a n k l i n S tN Kissimmee AveLee St N Cumberland AveL e e S t338 N Bluford Ave Small Scale Map Amendment & RezoningLocation Map I N Bluford AveW S i l v e r St a r R d E S i l ve r S t ar R dN Kissimmee AveE Circle Key DrLa k e v i e w S tRewis StN Lakewood AveN Cumberland AveKellys Cv Sandy Key Ct B uc k K e y C t C on c h K e y C t N Kissimmee AveI 0 100 20050Feet 338 N. Bluford Ave. Small Scale Land Use Amendmentand RezoningAerial Photography LAKE STARKE LDRMDR COMM HDR LI R ew is S tN Bluford AveLee St W F r a n k l i n S t W S i l v e r S t a r R dW Circle Key DrN Kissimmee AveE S i l v e r S t a r R dE Circle Key DrL e e S tLee St 338 N. Bluford Ave Small Scale Land Use Amendment & RezoningSurrounding Future Land Use Map Created: May 2024 Development ServicesDepartment I 0 180 36090Feet Subject Property Future Lan d Use Classifica tion :Low Density Residen tial (LDR)Medium Density Residential (MDR)High De nsity Re sidential (HDR)Professional Offices and Services (PS)Co mmercial (CO MM)Light Industrial (LI)He avy Indu strial (HI)Co nse rvation/Floo dplains (CO NS)Re creation and Open Sp ace (REC)Public Facilities/Institutional (INST) LAKE STARKE R-1AA C-2 R-1 R-1AA RT-1 R-1 R-1 P-S R-1A C-2 N Bluford AveW F r a n k l i n S tLee St Roberts Rise Dr338 N. Bluford AveSurrounding Zoning Map Development ServicesDepartment I 0 160 32080Feet Created: May 2024 Subject Property Zoning Classification:General Agricultural (A-1)Subu rb an (A-2)Sin gle-Family Dwelling (R-1AAA)Sin gle-Family Dwelling (R-1AA)Sin gle-Family Dwelling (R-1A)Sin gle-Family Dwelling (R-1)One- & Two-Family Dwelling (R-2 )Multiple-Family Dwelling (R-3)Mobile H ome Subdivision (RT-1)Professional Offices & Services (P-S)Neighborhood Shopping (C-1)Community Commercial (C-2)General Commercial (C-3) General In dustrial (I-2 )Commercial (PUD)Low Den sity (PUD)Medium Density (PUD) Restricte d Manufacturing& Warehousin g (I-1) High Density (PUD)Public Use (PUD)Unclassified ORDINANCE NO. 2024- (Small-Scale Comprehensive Plan Amendment – 338 N. Bluford Ave.) TAX PARCEL ID: 18-22-28-4100-00-131 CASE NO. CPA-2024-005: 338 N. Bluford Ave 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 COMMERCIAL FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.44 ACRES LOCATED AT 338 N. BLUFORD AVE, ON THE WEST SIDE OF N. BLUFORD AVE., APPROXIMATELY 334 FEET NORTH OF E. SILVER STAR RD.; 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- 4100-00-131, 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 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, May 14, 2024, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, June 18, 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 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 THE EAST 154.00 FEET OF LOT 13 & LOT 14, RUBEN KEGLERS SUB A/ 118 EXHIBIT “B” ORDINANCE NO. 2024- (Rezoning Ordinance – 338 N. Bluford Ave) TAX PARCEL ID: 18-22-28-4100-00-131 CASE NO. RZ-24-03-04: 338 N. Bluford Ave AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM R-1AA (SINGLE-FAMILY DWELLING DISTRICT) TO C-2 (COMMUNITY COMMERCIAL DISTRICT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.44 ACRES LOCATED AT 338 N. BLUFORD AVE, ON THE WEST SIDE OF N. BLUFORD AVE., APPROXIMATELY 334 FEET NORTH OF E. SILVER STAR RD.; FINDING SAID 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 0.44 acres, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, from R-1AA (Single-Family Dwelling 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 May 14, 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 June 18, 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 0.44 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from R-1AA (Single Family Dwelling 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 THE EAST 154.00 FEET OF LOT 13 & LOT 14, RUBEN KEGLERS SUB A/ 118 EXHIBIT “B”