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HomeMy WebLinkAboutItem #16 Second Reading of Ordinance for Top Gun Cheer – 651 South Bluford Avenue Rezoning; Project No: RZ-18-05-07 ocoee AGENDA ITEM COVER SHEET Meeting Date: August 21, 2018 Item # /(o 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-18-04-06 Commission District#2— Rosemary Wilsen 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 unique features of the subject property: 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 & requested initial zoning classification of the subject property CURRENT PROPOSED Jurisdiction/Future Land Use-Joint City of Ocoee/ Light Industrial City of Ocoee/ Light Industrial Planning Area Land Use Classification (@ 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/"I-1" City Commission Meeting Date:August 21,2018 Project:Top Gun Cheer Rezoning Project Number(s): RZ-18-04-06 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 "I-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 classification 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") X Public Hearing For Cleric'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 2 Top Gun Cheer Rezoning Location Map sim .y Y ( Orlando 1 Columbus II) o 0 3 y 3 =91- tQ a enema See 8 , *1 ::,,,,. eoioqe3 12 O Cl)al ,__ 1:: .1 .10, ,. - d 2 0 \ rii. ome i ,eNv cp 2 . - 1 , , Ai „._ ,_ fi O= -- 0 \ 4-1 o_ z _0,111110:1 lilm. .WI UI __ L O- C. 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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 0.55 acres, 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 N100 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 RNV 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 RNV) & 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 t > E \0 .(L) \ Orlando _ ' 011111 Colum •��1N '} liri -u:sie L.. \ici ra Eibm co J 73 I \ __, CC IMO a. Ma a w 0 COPY OF ADVERTISEMENT SECTION Date Published and Media Name THURSDAY,AUGUST 9, 2018 L Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING TOP GUN CHEER REZONING FROM GENERAL INDUSTRIAL(1-2)TO RESTRICTED MANUFACTURING&WAREHOUSING(1-1) CASE NUMBER:RZ-18-05-07 NOTICE IS HEREBY GIVEN,pursuant to Subsection 110 and 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,AUGUST 21,2018,AT 6:15P.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 Lakeshore Drive,Ocoee,Florida,to consider the Rezoning for a property identi- fied as Parcel Number 17 22-28-6144-04-210.The rezoning would be from General Industrial(I-2)to Restricted Manufacturing&Warehousing(I-1).The subject prop- ertyis approximately 4.51 acres in size and is located at 651 S.Bluford Ave. ORDINANCE NO.2018-029 , AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE ZONING CLASSIFICATION FROM OCOEE 1-2,'GENERAL INDUSTRIAL' TO OCOEE I-1,"RESTRICTED MANUFACTURING AND WAREHOUS- ING,'ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY: 4.51 ACRES LOCATED ON THE WEST SIDE OF S.BLUFORD AVENUE; ON TILE SOUTH SIDE OF W. COLUMBUS STREET; PURSUANT TO TEE APPLICATION SUBMITTED BY THE PROPERTY OWNER,FIND- ING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPRE- HENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING ABEAAGREEMENT;PROVIDING FOR AND AUTHORIZING THE REVI- SION OF EVI-SION:OF THE OFFICIAL CITY ZONING MAP;REPEALING INCONSIS- TENT ORDINANCES;PROVIDING FOR SEVERABILITY;PROVIDING FORANEFFECTNE 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 1504orth Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and MOO pm,Monday through Friday,MCA 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,limes,and places of any contmu ation of these or continued public hearings shall be announced during the hearing i and no further notices regarding these matters will be published.Yon are advised l 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. August 9,2018 18-03927W