HomeMy WebLinkAboutItem #06 First Reading of Ordinance for 325 Lee Street - Rezoning
't~e cen~er of GOOd L/~~
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AGENDA ITEM STAFF REPORT
Meeting Date: May 5,2009
Item # (0
Reviewed By:
Contact Name:
Contact Number:
Bobby Howell, MPA
407 -905-3100, Ext. 1044
Development
Services Director:
City Manager:
Subject: 325 Lee Street
Rezoning
Project # RZ-09-01-02
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve an Ordinance to rezone property located at 325
Lee Street from R-1 (Single-Family) to C-2 (Community Commercial)?
BACKGROUND SUMMARY:
The subject property is located at 325 Lee Street. It is approximately 0.29 acres or 12,632 square feet in size and
is zoned R-1 (Single-Family Dwelling). The property is vacant except for several scattered invasive species of
trees. The applicant is requesting a rezoning of the property to a designation of C-2 (Community Commercial) to
permit the construction of a commercial office building with additional lease space for future tenants. The Future
Land Use Map designates the property as Commercial. The table below references the zoning, and Future and
Existing Land Uses of the surrounding properties.
Direction Future Land Use Zoning Classification Existing Land Use
North Commercial Single-Family Dwelling Undeveloped parcel
(R-1 )
East Commercial Single-Family Dwelling Single-Family Residence
(R-1 )
South Commercial Community Commercial Undeveloped parcels
(C-2), Single-Family
Dwellina (R-1)
West Commercial Community Commercial Two abandoned Commercial buildings
(C-2)
DISCUSSION:
The subject property is located in a platted residential subdivision known as Grace Park. The Plat was recorded in
1926. The area contains a mixture of single-family residential dwellings and commercial uses. All remaining single-
family properties in the subdivision that contain a Future Land Use designation of Commercial are considered
legally non-conforming.
The Future Land Use designation of the property and surrounding properties are Commercial, which is consistent
with the zoning designation of C-2 that is being requested. The C-2 zoning designation that is being requested is
consistent with the surrounding commercial zoning designations.
Since the Future Land Use designation of the subject property and surrounding properties are Commercial, it is
the intent of the City for these properties to be rezoned to a commercial zoning designation and ultimately be
redeveloped into commercial uses.
The subject property is located in the Downtown Redevelopment Area. The objective of the Downtown
Redevelopment Area is to attract reinvestment in the downtown area of the City. Per the Comprehensive Plan,
proposed development schemes in this area should include visual landmarks and public areas, quality pedestrian
areas; and uses such as commercial office buildings which the applicant is proposing to construct in the future on
the subject property.
In addition to the subject property being located within the Downtown Redevelopment Area, Policies 2.6 and 2.8 of
the Future Land Use Element of the Comprehensive Plan consider the subject parcel an infi" development site.
The Comprehensive Plan promotes infill development areas by stipulating the streamlining of the permitting
process for development proposals and waivers from specific zoning requirements in infi" areas.
Infill development is defined per the Comprehensive Plan as properties inside the urbanized portion of the City
which already have public services and infrastructure but have been skipped over in the development process.
Infill sites are generally limited to less than a few acres in size, and are generally located in an area where the
surrounding development is at least 15-20 years old. The majority of properties in infill areas are either vacant
(such as the subject property) or are underutilized. Infill development is advantageous to the City since new
utilities do not have to be extended to the site, it improves tax bases in the surrounding area, and it restores vitality
to declining neighborhoods such as the area the subject property is located in.
It is staffs opinion that rezoning the subject property from R-1 to C-2 will assist in restoring vitality to the
surrounding neighborhood and further the Goals, Objectives, and Policies of the Comprehensive Plan and the
objectives of the Downtown Redevelopment Area. The C-2 zoning designation is consistent with the zoning
designations of the surrounding properties that have been rezoned to a commercial zoning designation and with
the Commercial Future Land Use designation.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (ORC) met on February 25, 2009 and reviewed the request to rezone the
subject property to C-2. After answering several questions that were posed to the DRC by the applicant, the DRC
voted unanimously to recommend approval of the request to rezone the subject property from R-1 (Single-Family
Dwelling) to C-2 (Community Commercial).
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on April 14, 2009 to consider the rezoning to C-2 (Community
Commercial) of the subject property. Following the deliberations, the members of the Planning & Zoning
Commission voted unanimously to rezone to the property located at 325 Lee Street from R-1 (Single-Family
Dwelling) to C-2 (Community Commercial).
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt an Ordinance to rezone the property
located at 325 Lee Street from R-1 (Single-Family Dwelling) to C-2 (Community Commercial).
ATTACHMENTS:
Location Map
Surrounding Zoning Map
Surrounding Future Land Use Map
Ordinance
Conceptual Site Plan provided by applicant
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FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x'J
Public Hearing
~ Ordinance First Reading
_ Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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N/A
X N/A
N/A
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325 Lee Street
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ORDINANCE NO.
(Rezoning Ordinance for 325 Lee Street)
TAX PARCEL ID # 18-22-28-3116-02-051.
CASE NO. RZ-09-01-02: 325 Lee Street
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R-l, SINGLE
F AMIL Y DWELLING, TO OCOEE C-2, COMMUNITY COMMERCIAL,
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY
0.29 ACRES LOCATED AT 325 LEE STREET, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the owner or owners (the" Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have
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 0.29 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee R-l, Single Family Dwelling District, to Ocoee
C-2, Community Commercial District; and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed
said Rezoning application and determined that the Rezo~ng requested by the Applicant is
consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28,
adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation
by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and
Zoning Commission"); and
WHEREAS.. on April 14, 2009 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 requested by the Applicant is consistent with the Ocoee
. Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
ORLA_1300685.1
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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 is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2009 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 0.29 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from
Ocoee R -1, "Single F amil y Dwelling" to Ocoee C- 2, "Community Commercial". A map of
said land herein described which clearly shows the area of Rezoning is attached hereto as .
Exhibit "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The 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 Chapter 180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
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 take effect immediately
upon passage and adoption. .
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ORLA_1300685.1
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PASSED AND ADOPTED this _ day of
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY
This day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1300685.1
,2009.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
,2009.
Under Agenda Item No.
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EXHIBIT "A"
Legal Description of Rezoned Area
DESCRIPTION: (AS SPECIFIED)
LOTS 5 AND 6, BLOCK B, GRACE PARK, ACCORDING TO THE PUT THEREOF AS RECORDED
IN PL~T BOOK III, PAGE 8, OF THE PUBUC RECORDS OF ORANGE COUNTY, F'LORmA
BEING MORE PARTJCULJ\RLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAm LOT 5, BLOCK B. SAm CORNER BEING ON
THE NORTHERLY RIGHT OF WAY LINE OF LEE STREET AS DEPICTED ON SAID GRACE
PARK; THENCE S90"00'OO"W, ALONG SAID NORTHERLY RIGHT OF WAY UNE. A DISTANCE
OF 100.00 FEET THE THE SOUTHWEST CORNER OF SAID LOT 6, BLOCK B; THENCE
DEP.tiliTING SAID LINE, NOoo28'56"W, ALONG THE WESTERLY LINE OF SAID LOT 6, A
DISTANCE OF 125.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 6, BLOCK B;
THENCE Seg"S7'OenE, ALONG rrlE NORTHERLY LINE OF SAlD LOTS 6 AND 5, BLOCK B, A
DISTA..1\TCE OF 99.79 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE
SOO"34 '43nE, ALONG THE EASTERLY LINE OF SAID LOT 5, A DISTA..NCE OF 124.93 FEET TO
THE POINT OF BEGINNING. CONTAINIl\G 0.29 ACRES MORE OR LESS.
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ORLA_1300685.1
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EXHIBIT "B"
Map of Rezoned Area
325 Lee Street
Location Map
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ORLA_1300685.1