HomeMy WebLinkAboutItem #18 First Reading of Ordinance for Top Gun Cheer – 651 South Bluford Avenue Rezoning; Project No: RZ-18-04-06 ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: August 7, 2018
Item #
Reviewed By:
Contact Name: DeWayne Jones Department Director:
Contact Number: (407) 554-7086 City Manager:
Subject Top Gun Cheer Property-651 S. Bluford Avenue
Rezoning
Project No(s): RZ-1 s-05-07
Commission District 62—Rosemary Wilson
ISSUE:
Should the Honorable Mayor and City Commission recommend approval for the rezoning from 1-2 to I-1 for the
property known as Top Gun Cheer property located at 651 S. Bluford Avenue?
BACKGROUND;
General Location: The subject property is located on the west side of S. Bluford Ave.; On the south side of W.
Columbus Street.
Parcel Identification Number(s): 17-22-28-6144-04-210
Physical Address: 651 S. Bluford Avenue
Property Size: +/-4.51 acres
Actual land use. proposed land use and unioue features of the subiect orooerty The subject parcel is currently
vacant. The Applicant is rezoning the property in order to conform to the existing Land Use designation.
The future land use&reauested initial zoning classification of the subiect property
CURRENT PROPOSED
Jurisdiction/Future Land Use-Joint City of Ocoee/Light Industrial City of Ocoee/Light Industrial
Planning Area Land Use Classification (a Less than 4 dwelling units/acre)
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North City of Ocoee/Professional City of Ocoee/"P-S"
Offices and Services
East ,City of Ocoee/General Industrial City of Ocoee/"I-1"
South City of Ocoee/General Industrial City of Ocoee/"I-1'
West City of Ocoee/General Industrial City of Ocoee/1-1'
City Commission Meeting Date:August 7,2015
Project:Top Gun Cheer Rezoning
Project Number(s):RZ.l$.e6a7
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Rezoning: The applicant has requested a City of Ocoee zoning designation of I-1 (Restricted Manufacturing and
Warehousing) upon rezoning. According to the Land Development Code, the I-1 zoning designation is intended
for areas shown on the Future Land Use Map as "Light Industrial'. The I-1 zoning designation is consistent with
the adopted future land use designation of Light Industrial, shown on both the City of Ocoee and Orange County
Joint Planning Area future land use maps.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION;
On June 28, 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 rezoning for the Top Gun Cheer property.
PLANNING&ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed rezoning on July 10, 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+/-4.51 acre parcel of land known as the"Top Gun Cheer Parcel'from 1-2'to 1-1".
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 +/-4.51 acre parcel of land known as the
Top Gun Cheer Parcel with an zoning dassification of'I-1."
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
2
Top Gun Rezoning
Location Map
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ORDINANCE NO. 2018-
(Rezoning Ordinance for 651 S. Bluford Avenue)
TAX PARCEL ID # 17-22-28-6144-04-210
CASE NO. RZ-18-05-07: Top Gun Cheer Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM OCOEE I-2, "GENERAL
INDUSTRIAL" TO OCOEE I-1, "RESTRICTED MANUFACTURING AND
WAREHOUSING," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 4.51 ACRES LOCATED ON THE WEST SIDE OF S.
BLUFORD AVENUE; ON THE SOUTH SIDE OF W. COLUMBUS STREET;
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
0.55acres, more particularly described in Exhibit "A" attached hereto and by this reference made a
part hereof, from Ocoee I-2, "General Industrial," to Ocoee I-1, "Restricted Manufacturing and
Warehousing;" 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 4.51 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee I-2, "General
Industrial,"to Ocoee I-1, "Restricted Manufacturing and Warehousing;"
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.
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. , 2018 UNDER
AGENDA ITEM NO.
By:
City Attorney
EXHIBIT "A"
TOWN OF OCOEE A/100 LOT 21 &THAT PART OF LOT 20 E OF RY(LESS BEG SE COR LOT
20 RUN W ALONG S LINE SAID LOT TO RR RNV NWLY ALONG R/W 25.4 FT ELY TO PT ON
E LINE LOT 20 4 FT N OF BEG TH S TO BEG) BLK 4 (LESS RR R/W) OR B&P 4484/4604,ON
03-31-91,INST WM 6024/0502 &THAT PT DESC AS TOWN OF OCOEE A/100 LOTS 22 THRU
25 &THAT PART OF LOTS 12 & 13 LYING E OF RY BLK 4(LESS RR R/W) & E1/2 OF VAC
R/W W OF LOTS 24 & 25 PER OR 3813/2369 IN 19-22-28 NE1/4 SEE 1742/438 & 6024/0502
EXHIBIT "B"
Top Gun Rezoning
Location Map
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