HomeMy WebLinkAboutItem #15 First Reading of Ordinance for Kelly-West Rezoning - 320 West Silver Star Road; Project No: RZ-18-01-01 ocoe
florida
AGENDA ITEM COVER SHEET
Meeting Date: March 6, 2018
Item # /.�
Reviewed By..
Contact Name: DeWayne Jones b:3—. Department Director: t9
Contact Number: (407) 554-7086 City Manager:
Subject: Kelly-West Property 320 W. Silver Star Road
Rezoning
Project No(s): RZ-18-01-01
Commission District#3 — Richard Firstner
ISSUE:
Should the Honorable Mayor and City Commission recommend approval for the rezoning from R-1 to C-2 for the
property known as Kelly-West property located at 320 W. Silver Star Road?
BACKGROUND:
General Location: The subject property is located on the south side of W. Silver Star Road; 300 feet east of
Ocoee Apopka Road.
Parcel Identification Number(s): 18-22-28-8064-00-651
Physical Address: 320 W. Silver Star Road
Property Size: +/-0.29 acres
Actual land use. proposed land use and unique features of the subject property: The parcel contains one (1)
single-family residence. The applicant is rezoning the property in order to bring the property in line with the FLU
designation.
The future land use & requested initial zoning classification of the subject property
CURRENT PROPOSED
Jurisdiction/Future Land City of Ocoee/ Commercial City of Ocoee / Commercial
Use-Joint Planning Area (@ Less than 4 dwelling units/acre)
Land Use Classification
City Commission Meeting Date: March 6,2018
Project: Kelly-West Rezoning
Project Number(s): RZ-18-01-01
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North City of Ocoee/ Commercial City of Ocoee/"C-2""
East City of Ocoee/ Commercial City of Ocoee/"R-1"
South City of Ocoee/ Commercial City of Ocoee/ "R-1"
West City of Ocoee/Commercial City of Ocoee/"R-1"
Consistency with State & Local Regulations:
Rezoning: The applicant has requested a City of Ocoee zoning designation of C-2 (Community Commercial)
upon rezoning. According to the Land Development Code, the C-2 zoning designation is intended for areas
shown on the Future Land Use Map as "Commercial". The C-2 zoning designation is consistent with the adopted
future land use designation of Commercial, shown on both the City of Ocoee and Orange County Joint Planning
Area future land use maps.
Development Review Committee (DRC) Recommendation:
On February 5, 2018, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend approval
of the Annexation and Rezoning for the Kelly-West property.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed rezoning on February 13, 2018. City Staff
presented a brief summary and overview of the requested actions. After finishing its deliberations, the Planning
and Zoning Commission, acting as the Local Planning Agency, voted unanimously to recommend approval of the
rezoning of the +/-0.29 acre parcel of land known as the "Kelly-West Parcel" from "R-1" to "C-2".
Recommendations:
Based on the recommendation of the DRC and Planning and Zoning Commission, Staff recommends that the
Honorable Mayor and City Commissioners approve the rezoning of the +/-0.29 acre parcel of land known as the
Kelly-West Parcel with an zoning classification of"C-2."
City Commission Meeting Date: March 6,2018
Project: Kelly-West Rezoning
Project Number(s): RZ-18-01-01
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Rezoning Ordinance
Financial Impact: None
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
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. _- N/A
Reviewed by N/A
3
Kelly-West
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ORDINANCE NO. 2018-
(Rezoning Ordinance for 320 W. Silver Star Road)
TAX PARCEL ID # 18-22-28-8064-00-651
CASE NO. RZ-18-01-01: Kelly-West Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM CITY OF OCOEE R-1,
"COMMERCIAL" TO CITY OF OCOEE C-2, "COMMERCIAL," ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 0.29
ACRES LOCATED ON THE SOUTH SIDE OF WEST SILVER STAR
ROAD; 300 FEET EAST OF OCOEE-APOPKA 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
0.29acres, more particularly described in Exhibit"A" attached hereto and by this reference made a
part hereof, from Ocoee R-1, "Commercial,"to Ocoee C-2, "Commercial; 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, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint
Planning Area Agreement which has been amended from time to time(the"JPA Agreement");
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
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 immediately exercise
municipal jurisdiction over said real property for the purposes of Part 11 of Chapter 163, Florida
Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City of Ocoee("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS,the Ocoee City Commission has held a de novo public hearing with public notice
thereof with respect to the Rezoning; 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,
"Commercial,"to Ocoee C-2, "Commercial".
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.
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.
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SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
PASSED AND ADOPTED this day of , 2018.
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED , 2018
APPROVED AS TO FORM AND LEGALITY READ FIRST TIME ,2018.
this_day of , 20_
READ SECOND TIME AND ADOPTED
SHUFFIELD, LOWMAN &WILSON, P.A. ,2017 UNDER
By: AGENDA ITEM NO.
City Attorney
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EXHIBIT "A"
SIMS SUB F/126 THEE 19.16 FT LOT 65 ALL LOT 66 &W 30.82 FT LOT 67 (LESS S
125 FT & LESS ST RD RM/ ON N)
4
Exhibit B
Location Map
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