HomeMy WebLinkAboutItem #03 Second Reading of Ordinance for Kelly-West Rezoning - 320 West Silver Star Road; Project No: RZ-18-01-01 t
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: March 20, 2018
Item # 3
Reviewed By:
Contact Name: DeWayne Jones D:3; Department Director:
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:
1St Reading of Ordinance: March 6, 2018
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 subiect 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 20,2018
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."
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map
Rezoning Ordinance
Financial Impact: None
2
City Commission Meeting Date:March 20,2018
Project: Kelly-West Rezoning
Project Number(s): RZ-18-01-01
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 X 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. N/A
Reviewed by N/A
3
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ORDINANCE NO. 2018-006
(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,
"RESIDENTIAL" 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
0.29 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Ocoee R-1, "Residential,"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 II 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, "Residential,"
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.
2
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
3
EXHIBIT "A"
SIMS SUB F/126 THE E 19.16 FT LOT 65 ALL LOT 66 &W 30.82 FT LOT 67 (LESS S
125 FT & LESS ST RD R/WON N)
4
Exhibit B
Location Map
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COPY OF ADVERTISEMENT
SECTION B Date Published and Media Name
THURSDAY,MARCH 8, 2018
Advertisement or Article •
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
KELLY-WEST REZONING
320 W.SILVER STAR ROAD
CASE NUMBER:RZ-18-01-01
NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1)of the City of
Ocoee Land Development Code,that on TUESDAY,MARCH 20,AT 6:15 P.M.
or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a
PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lake-
shore Drive,Ocoee,Florida,to consider the rezoning for a parcel identified as Parcel
Number:18-22-28-8604-00-651.The rezoning would be from"11.-1"to"C-2".The
subject property is approximately 0.29 acres in size and is located at 320 W.Silver
Star Road.
ORDINANCE NO.2018-006
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANG-
ING THE ZONING CLASSIFICATION FROM R-1, "COMMERCIAL"
TO OCOEE C-2, "COMMERCIAL," ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 0.29 ACRES LOCATED ON WEST
SILVER STAR ROAD,300 FEET EAST OF OCOEE-APOPKA ROAD;
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROP-
ERTY 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 ZON-
ING MAP;REPEALING INCONSISTENT ORDINANCES;PROVIDING
FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to the
proposed actions.The complete case file,including a complete legal description by
metes and bounds,may be inspected at the Ocoee Planning Department located at
150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00
p.m.,Monday through Friday,except legal holidays.The Ocoee City Commission
may continue the public hearing to other dates and times,as it deems necessary.
Any interested party shall be advised of the dates,times,and places of any continu-
ation of these or continued public hearings shall be announced during the hearing
and no further notices regarding these matters will be published.You are advised
that any person who desires to appeal any decision made at the public hearings will
need a record of the proceedings and for this purpose may need to ensure that a ver-
batim record of the proceedings is made which includes the testimony and evidence
upon which the appeal is based. In accordance with the Americans with Disabilities
Act,persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk's Office 48 hours in advance of the
meeting at(407)905-3105.
March 8,2018 18-01322W