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Home My WebLink AboutItem #08 Second Reading of Ordinance - 529 Ocoee Apopka Road ,oe Centex of Good Lfv AGENDA ITEM STAFF REPORT Meeting Date: April 19, 2011 Item # Reviewed By: / �/ Contact Name: Antonio Fabre, AICP Department Director: /`�` e� Contact Number: 407- 905 - 3100/1019 City Manager: %� " Subject: 529 Ocoee - Apopka Road (Southern Parcel) Small -Scale Comprehensive Plan Amendment & Initial Zoning Case Number(s): CPA 2008 -004 & RZ- 08 -07 -05 Commission District # 3 — Rusty Johnson Background Summary: On March 17, 2009, the City of Ocoee City Commission reviewed and approved the Annexation for the subject property with an Initial Zoning designation of "C -1" for the northern parcel. The northern parcel already was designated with a Future Land Use of "Commercial" but the southern parcel needed a small -scale Comprehensive Plan Amendment in order to have an initial commercial zoning designation. At the time of approval, the City was prohibited from adopting comprehensive plan amendments because it had not yet submitted its required Evaluation and Appraisal Report ( "EAR ") to the Florida Department of Community Affairs ( "DCA "). On December 13, 2010, the DCA determined that the adopted EAR was sufficient, pursuant to Section 163.3191(2), Florida Statutes. Therefore, the City of Ocoee can now adopt small -scale comprehensive plan amendments. General Location: The property is located on the east side of Ocoee - Apopka Road approximately 2,000 feet north of the Silver Star Road intersection. Parcel Identification Number: 18- 22 -28- 0000 -00 -007. Property Size: .93 +1- Acre(s) Actual land use, proposed land use, unique features, and plan consistency of the subject property: The parent property consists of two (2) parcels fronting on Ocoee - Apopka Road which both are in common ownership. The northern parcel is improved with a professional office (LMG Construction Office FKA: Collison Carey Hand Funeral Home) building. The southern parcel (subject property) is vacant and undeveloped. The JPA future land use & zoning classification of the subject (southern parcel) property: Joint Planning Area Future Land Use Classification Zoning Classification CURRENT Low Density Residential A -1 "General Agriculture" (@ Less than 4 dwelling units /acre) PROPOSED Commercial C -1 "Neighborhood Shopping" The current jurisdiction, future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT JURISDICTION / FUTURE CURRENT JURISDICTION / ZONING LAND USE North City of Ocoee / Commercial City of Ocoee / C -1 "Neighborhood Shopping" East Orange County / Low Density Residential Orange County / A -1 "Agriculture" South Orange County / Low Density Residential Orange County / A -1 "Agriculture" West City of Ocoee / Light Industrial City of Ocoee / 1 -1 "Restricted Manufacturing & Warehousing" The small -scale Comprehensive Plan Amendment consists of classifying approximately .93 acre from "Low Density Residential" to "Commercial." Essentially, the subject parcel is proposed as an extension of an existing "Commercial" parcel that presently lies north and adjacent of the subject Comprehensive Plan Amendment parcel. The applicant /owner proposes to incorporate this land into the parent parcel. Should the property owners choose to develop the property in the future; however, they will be required to make certain improvements in accordance with the Land Development Code and existing Annexation Agreement. Issue: Should the Honorable Mayor and City Commissioners approve the Small -Scale Comprehensive Plan Amendment (Commercial) and the Initial Zoning (C -1) for 529 Ocoee - Apopka Road (southern parcel)? Development Review Committee Recommendation: On February 28, 2011, the DRC met to determine if the proposed Small -Scale Comprehensive Plan Amendment and Initial Zoning was consistent with the City's regulations and policies. After a short discussion, the DRC voted unanimously to recommend approval of the Small -Scale Comprehensive Plan Amendment (Commercial) and the Initial Zoning (C -1) for the southern +/ -.93 acre parcel of land known as 529 Ocoee - Apopka Road. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the 529 Ocoee - Apopka Road (Southern Parcel) Small -Scale Comprehensive Plan Amendment and Initial Zoning on March 8, 2011. City Staff presented a brief overview of the project. City Staff answered several questions regarding proposed use, uses allowed in the requested zoning district and comparability with the surrounding area. All of these questions were adequately addressed in the P &Z meeting. There was no one from the public to speak regarding this proposal. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Small -Scale Comprehensive Plan Amendment (Commercial) and the Initial Zoning (C -1) for the southern +/- .93 acre parcel of land known as 529 Ocoee - Apopka Road. Staff Recommendation: Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Ordinances for a Small -Scale Comprehensive Plan Amendment (Commercial) and the Initial Zoning (C -1) for the southern +/ -.93 acre parcel of land known as 529 Ocoee - Apopka Road. Attachments: Location Map Future Land Use Map Zoning Map Aerial Map CPA Ordinance Rezoning Ordinance Financial Impact: None. Type of Item: (please mark with an "x") X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A 529 Ocoee - Apopka Road Location Map I IIIi , I 1 ; 1 1 I / i,l, N ! L V O I I C I CO I t,_ �II1ililli �. / 1 A � I� � ei a) - � � 111 ►�I I� p 1 :cr - \ \ 1-. mi lk O 1 \\■ ■ MA 'o hi 4. 7e //21 0 I � 0 it A\ 11E-1 al ---- 11911 .3 ma , \\ , \ \, i 0 , Siwer Spar - ■ 1 11 II ri 1 1 11 1 13 a 0 r-1777021-0-02 o �CCn C o C 0) 0 7 _ C v `G O `< N N o _. O I I T1 E) F1!i Q ,Z N O N (D c -0 N = m .0E. 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N r - 34; --- i 1 I : '� Li I - 191 111.11 ai - iremineing...0.„ . .„ r_ _,,Ei..„ dada 0 . 1611 piP Immo ii • • Di J ....„..: 1 v. �� lj "c a �,orA, elCi cY k a Ri2 r . - ou� -: X c .F r A , .c t ilk, .0, „.. n a • 1 . . • t 3 r tik i • Yomr ORDINANCE NO. 2011 - CASE NO. CPA 2008 -004: 529 OCOEE - APOPKA ROAD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91 -28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL," CERTAIN REAL PROPERTY CONTAINING .93 ACRE (MORE OR LESS) LOCATED EAST OF AND ADJACENT TO OCOEE - APOPKA ROAD AND APPROXIMATELY 1750 FEET NORTH OF SILVER STAR ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. In passing and adopting this Ordinance the City Commission of the City of Ocoee, Florida ( "City Commission ") hereby makes, expresses, and incorporates the following findings, purposes, and intent: a. On September 18, 1991, the City Commission adopted a new Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which has been amended from time to time ( "Ocoee Comprehensive Plan "). b. The Property Owner initiated Amendment Number CPA - 2008 -004 in order to amend the Future Land Use designation of its property. c. Amendment Number CPA - 2008 -004 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes. d. On March 8, 2011, the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency, held an advertised public hearing and recommended adoption of Amendment Number CPA - 2008 -004. e. On , 2011, the City Commission held an advertised public hearing and passed this Ordinance regarding Amendment Number CPA - 2008 -004. f. All required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1 -8 and 1 -10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code "). SECTION 2. The City Commission has the authority to pass and adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1 -8 of Article I of the Ocoee Land Development Code. SECTION 3. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan of the following described parcel of land containing approximately .93 acre located within the corporate limits of the City of Ocoee, Florida, (the "Property ") is hereby changed from "Low Density Residential" to "Commercial." SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of the Property is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Planning Director is authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number CPA - 2008 -004 consistent with the provisions of this Ordinance. SECTION 5. 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 6. This Ordinance shall become effective on the 31st day after passage and adoption if no affected person has filed a petition with the Division of Administrative Hearings in accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely filed, this Ordinance shall become effective on the date the Department of Community Affairs or the Administrative Commission issues a final order determining that the adopted Amendment Number CPA - 2008 -004 is in compliance. PASSED AND ADOPTED this day of , 2011. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME READ SECOND TIME AND PASSED ON , 2011 Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY 2 this day of , 2011. FOLEY & LARDNER LLP By: City Attorney s4 3 EXHIBIT "A" [Legal Description] A portion of the Northwest 1 /4 of the Northeast 1 /4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida. Being more particularly described as follows: Commence at the Northwest corner of the Northeast 1 /4 of said Section 18; thence run due South, along the West line of the Northeast 1 /4 of said Section 18 for 588.80 feet; thence run N 89 °35'30" E for 28.65 feet to the Point of Beginning, on the East right -of -way line of State Road 437; thence run N 89 °35'30" E for 205.62 feet; thence run S 2 °41'00" W for 202.78 feet to a point of intersection with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the Northwest 1 /4 of the Northeast 1 A of said Section 18; thence run N 89 °59'49" W along said line 196.33 feet to the East right -of -way line of State Road No 437; thence run N 0 °03'39" E for 201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records of Orange County, Florida) 4 EXHIBIT "B" 529 Ocoee - Apopka Road Location Map „ 1 l , ' ...„„A 1 In 1 8,,1 1 I i l 'tr.] I 1 11111! O � I I— ill S�.r i* t � fi : v. ��111j r e f 1 4 41 6 ' 4 , \ c 'Nk, :.,,., Ei gigh■ Ili is '" \\\ o BNB Malt \\ - , n IE3 a illi-- 1 I s s �I�IIM 0 i i 1 � a to EM 5 ORDINANCE NO. 2011- (Rezoning Ordinance for 529 Ocoee - Apopka Road) TAX PARCEL ID # 18- 22 -28- 0000 -00 -007 CASE NO. RZ- 08- 07 -05: 529 OCOEE - APOPKA ROAD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A -1, "GENERAL AGRICULTURE" TO OCOEE C -1, "NEIGHBORHOOD SHOPPING" ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.93 ACRE LOCATED EAST OF AND ADJACENT TO OCOEE - APOPKA ROAD AND APPROXIMATELY 1750 FEET NORTH OF SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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 0.93 acre, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A -1, "General Agricultural" to Ocoee C -1, "Neighborhood Shopping;" 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 Rezoning 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, the Rezoning requested by the Applicant is consistent with the Joint Planning Area Agreement entered into February 11, 1994 by and between Orange County and the City of Ocoee, as amended (the "JPA Agreement "); and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; 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 March 8, 2011, 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 Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on , 2011, 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 0.93 acre located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A -1, "General Agricultural" to Ocoee C -1, "Neighborhood Shopping." SECTION 3. MAP. 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 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the JPA Agreement. SECTION 5. 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 6. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. 2 SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2011. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY THIS ADVERTISED , 2011 DAY OF , 2011 READ FIRST TIME , 2011. READ SECOND TIME AND ADOPTED FOLEY & LARDNER LLP , 2011 UNDER AGENDA ITEM NO. By: City Attorney 3 EXHIBIT "A" [Legal Description] A portion of the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 22 South, Range 28 East, Orange County, Florida. Being more particularly described as follows: Commence at the Northwest corner of the Northeast 1/4 of said Section 18; thence run due South, along the West line of the Northeast 1/4 of said Section 18 for 588.80 feet; thence run N 89 °35'30" E for 28.65 feet to the Point of Beginning, on the East right -of -way line of State Road 437; thence run N 89 °35'30" E for 205.62 feet; thence run S 2 °41'00" W for 202.78 feet to a point of intersection with a line 180.00 feet North of and parallel with the South line of the North 3/4 of the Northwest 1/4 of the Northeast 1/4 of said Section 18; thence run N 89 °59'49" W along said line 196.33 feet to the East right -of -way line of State Road No. 437; thence run N 0 °03'39" E for 201.08 feet to the Point of Beginning (per O.R. Book 4794, Page 1773 of the Public Records of Orange County, Florida) 4 EXHIBIT "B" 529 Ocoee- Apopka Road Location Map 1 r , ismisaA 1 i ..„, sh i, j H a IN 1 -- _II 1 ...: E a_ rM 11 4 9M1 c Map o WO Boll y a I\ 1 _,, 22 w �iA �� a c) REM 1 Emu v \ — 4 4i , .-3 El r ism ,,,...,\ ,i ran 1E3,g IMP 0 \\\ ��''''�! 1 a _ SiMaga 101110 5