Item #17 Second Reading of Ordinances for 4 Locos Taco Restaurant (101 West Silver Star Road) - Small Scale Comprehensive Plan Amendment (SSCPA) & Rezoning, Project No(s): CPA-2017-002 & RZ-17-03-01 ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: June 20, 2017
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: 4 Locos Taco Restaurant (101 W Silver Star Rd)
Small Scale Comprehensive Plan Amendment and Rezoning
Project No(s): RZ-17-03-01 & CPA-2017-002
Commission District#3 — Richard Firstner
Background Summary:
General Location: The property is located on the north side of W Silver Star Rd and 350 feet west of the
intersection of Bluford Ave and W Silver Star Rd.
Parcel Identification Number(s): 18-22-28-4100-00-171
Physical Address: 101 W. Silver Star Road
Property Size: +1- 0.60 of an acre
Actual land use, proposed land use and unique features of the subject property: The property was previously
used as a single-family residence. The Future Land Use classification for the entire property is "Low-Density
Residential" current zoning classification is "R-1AA" Single-Family Residential.
The future land use & requested initial zoning classification of the subject property:
CURRENT PROPOSED
Jurisdiction/Future Land Ocoee/ Low-Density Residential Ocoee/Commercial
Use-Joint Planning Area
Land Use Classification
Jurisdiction/Zoning Ocoee/"R-1AA" Ocoee/"C-2"
Classification "Single-Family Dwelling" "Community Commercial"
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North Low-Density Residential R-1AA(Residential)
East Commercial C-2
South Commercial C-2
West Low-Density Residential R-1AA
Issue:
Should the Honorable Mayor and City Commission approve the Small Scale Comprehensive Plan Amendment
from Low-Density Residential (LDR) to Commercial (COM) and a Rezoning from R-1AA (Residential) to C-2
(Commercial) for the 4 Locos Taco Restaurant (101 W Silver Star Rd) Property?
Discussion:
As stated above, the proposed Small-Scale Comprehensive Plan Amendment consists of re-classifying
approximately 0.60 acres of property from LDR (Low-Density Residential) to Commercial. The applicant is
requesting the Small-Scale Comprehensive Plan amendment so the property can be rezoned to C-2
(Commercial) from R-1AA (Single-family Dwelling). The proposed use will be a restaurant.
In general, the surrounding area is comprised of Commercial uses. The property is located on W Silver Star
Road, which due to the 429 Expressway is a busy east-west arterial road and commercial corridor in the City of
Ocoee. The subject property is located across W Silver Star Road from the Quadro Shopping Center and is
located adjacent to a railroad crossing. Directly to the east of the subject property is a parcel zoned commercial.
Commercial uses for the site are not anticipated to generate additional traffic impacts beyond those of the
commercial shopping center across W Silver Star. The property location in Ocoee's Downtown lends itself to
being appropriately sited. The applicant is working with City Staff on a building design for the restaurant which
will be the first building to meet urban architectural standards.
Based on the above analysis, the Small-Scale Comprehensive Plan Amendment from LDR to Commercial for
approximately 0.60 acres of the subject property is a logical extension of the commercial lands adjacent to
south, east, and west of the site, and is not anticipated to pose additional impacts on the surrounding roadway
network.
Recommendations:
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On May 2, 2017, the DRC met to determine if the proposed Small-Scale Comprehensive Plan Amendment and
zoning were consistent with the City's regulations and policies. When the discussion was finished, the DRC
voted unanimously to recommend approval of the Small-Scale Comprehensive Plan Amendment and zoning for
the property.
PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY RECOMMENDATION:
The Planning and Zoning Commission acting as the Land Planning Agency reviewed the proposed Small Scale
Comprehensive Plan Amendment and Rezoning on May 9, 2017. One member of the public spoke at the
meeting. The speaker (an adjacent resident) inquired about access and traffic issues on Cumberland Avenue.
Staff provided input on what a concept site plan would entail with driveways and access points. The speaker
stated they are not opposed to the proposed restaurant, just the increased traffic on the road in front of their
residence. After deliberations, the Planning and Zoning Commission voted unanimously to recommend
approval of the Small Scale Comprehensive Plan Amendment and Rezoning.
2
STAFF RECOMMENDATION:
Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning
& Zoning Commission, acting as the Local Planning Agency, recommend approval of the Small-Scale
Comprehensive Plan Amendment of the +/- 0.60 acre parcel of land (101 W Silver Star Rd) from Low-Density
Residential to Commercial and rezoning from "R-1AA" to "C-2".
Attachments:
Location Map
Aerial Map
Zoning Map
Future Land Use Map
Ordinance for SSCPA
Ordinance for Rezoning
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 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 0 N/A
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ORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED, FOR THE PURPOSE OF AMENDING THE FUTURE LAND
USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL"
TO "COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING .60
ACRES OF PROPERTY LOCATED NORTH OF W. SILVER STAR
ROAD AND 350 FEET WEST OF THE INTERSECTION OF W. SILVER
STAR ROAD AND BLUFORD AVENUE PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE
LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee (City) has adopted the City's
Comprehensive Plan pursuant to Chapter 163, Florida Statutes, the Growth Policy Act;
and
WHEREAS, the property owner initiated an amendment to the comprehensive plan
(Amendment Number CPA-2017-002) to request a small scale comprehensive plan
amendment for the Property described herein from Low Density Residential (LDR) to
Commercial (COM); and
WHEREAS, pursuant to Section 163.3174(4), Florida Statutes, the City's Local
Planning Agency held an advertised a public hearing on May 9, 2017, and recommended
adoption of Amendment Number CPA-2017-002; and
WHEREAS, on , 2017, the City Commission conducted an
advertised public hearing to consider Amendment Number CPA-2017-002; and
WHEREAS, 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 Chapter 180
of the City of Ocoee Land Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as
true and correct and incorporated herein by this reference.
Section 2. Authority. The City Commission of the City of Ocoee 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 3. Amendments to Comprehensive Plan. The Future Land Use
designation as set forth on the Official Future Land Use Map of the City of Ocoee as set
forth in the Ocoee Comprehensive Plan for the following described parcel of land,
containing approximately .60 acres, which is located with 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), which is attached hereto
and by this reference made a part hereof.
A map of the Property is attached hereto as Exhibit "B", which 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-2017-002 consistent with
the provisions of this Ordinance.
Section 5. 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 6. Effective Date. 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(5), Florida
Statutes. If such a petition is timely filed, this Ordinance shall become effective on the
date the state land planning agency or the Administration Commission issues a final
order determining that the adopted Amendment Number CPA-2017-002 is in
compliance.
PASSED AND ADOPTED this day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED , 2017.
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME , 2017.
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY , 2017.
this day of , 2017. UNDER AGENDA ITEM NO.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Legal Description
RUBEN KEGLERS SUB A/118 LOTS 17 & 18 LYING E OF F M RY (LESS ST RD R/W ON S)
Exhibit "B"
Location Map
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ORDINANCE NO. 2017-
(Rezoning Ordinance for 4 Locos Taco Restaurant)
TAX PARCEL ID: 18-22-28-4100-00-171
CASE NO. RZ-17-03-01: 4 LOCOS TACO RESTAURANT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY +/-.60 ACRES LOCATED ON THE
NORTH SIDE OF W. SILVER STAR ROAD AND 350 FEET WEST OF
THE INTERSECTION OF BLUFORD AVENUE AND W. SILVER STAR
ROAD FROM R-1AA (RESIDENTIAL) TO C-2 (COMMERCIAL)
PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN; 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 (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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 +/-.60 acres, more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof, from R-1AA (Residential) to C-2
(Commercial); and
WHEREAS, pursuant to Section 5-9 of Chapter 180 of the City of Ocoee Land
Development Code (the "Land Development Code"), the City Planning Director has
reviewed said Rezoning application and determined that the Rezoning requested by the
Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in
Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee
Comprehensive Plan"); 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 May 9, 2017, 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, 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 find that the Rezoning requested by the Applicant is consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on , 2017, 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 Land
Development Code, of the Property described in Exhibit "A" containing approximately
+/-.60 acres located within the corporate limits of the City of Ocoee, Florida, is hereby
changed from R-1AA (Residential) to C-2 (Commercial). A map of said land herein
described which clearly shows the area of the Rezoning is attached hereto as Exhibit
"B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds
the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 Land Development Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. 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 7. EFFECTIVE DATE. This ordinance shall become effective as
provided by general law. In accordance with Section 163.3184(12), Florida Statutes, a
zoning change approved by the City is contingent upon the related Comprehensive Plan
amendment becoming effective.
PASSED AND ADOPTED this day of , 2017.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE ADVERTISED , 2017.
CITY OF OCOEE, FLORIDA; APPROVED READ FIRST TIME , 2017.
AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED
this day of , 2017. , 2017.
UNDER AGENDA ITEM NO.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
(The "Property")
RUBEN KEGLERS SUB A/118 LOTS 17 & 18 LYING E OF F M RY (LESS ST RD R/W ON S)
EXHIBIT "B"
Exhibit "B"
Location Map
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COPY OF ADVERTISEMENT
Date Published and Media Name
L2B The West Orange Times Thursday,June 8,2017
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT FOR
4 LOCOS TACO(101 W SILVER STAR RD)
CASE NUMBER CPA-2017-002
NOTICE IS HEREBY GIVEN,pursuant to Subsections 1-10 and 5-9,of the City
of Ocoee Land Development Code that on TUESDAY,JUNE 20,2017,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 located at 150
North Lakeshore Drive,Ocoee,Florida,to consider a Small Scale Comprehensive
Plan Amendment for 4 Locos Taco located at 101 W.Silver Star Road,generally
located on the north side of W Silver Star Rd and 350 feet west of the intersection of
Bluford Ave and W Silver Star Rd.The small scale comprehensive plan amendment
consists of classifying approximately 0.60 acres of the subject property from Low
Density Residential to Commercial.The proposed use for this property is a restau-
rant with indoor and outdoor seating.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMEND-
ING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991,
AS AMENDED,FOR THE PURPOSE OF AMENDING THE FUTURE
LAND USE MAP TO REDESIGNATE FROM"LOW DENSITY RESI-
DENTIAL"TO "COMMERCIAL" CERTAIN REAL PROPERTY CON-
TAINING.60 ACRES OF PROPERTY LOCATED NORTH OF W.SIL-
VER STAR ROAD AND 350 FEET WEST OF THE INTERSECTION
OF W. SILVER STAR ROAD AND BLUFORD AVENUE PURSUANT
TO THE APPLICATION SUBMI'1 TED BY THE PROPERTY OWNER;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OF-
FICIAL FUTURE LAND USE MAP;PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to
the proposed action.The complete case file,including a complete legal description
by metes and bounds,maybe 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 Commis-
sion 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 bearing
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.
June 8,2017 17-02860W
COPY OF ADVERTISEMENT
Date Published and Media Name
L2B The West Orange Times Thursday,June 8,2017
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
4 LOCOS TACO(101 W SILVER STAR RD)
REZONING
RZ-17-03-01
NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1)of the City of
Ocoee Land Development Code,that on TUESDAY,JUNE 20,2017,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 located at 150
North Lakeshore Drive,Ocoee,Florida,to consider an ordinance rezoning the prop-
erty located at 101 W Silver Star Road,generally located on the north side of W Silver
Star Rd and 350 feet west of the intersection of Bluford Ave and W Silver Star Rd,
from City of Ocoee R-1AA(Residential)to City of Ocoee C-2(Community Commer-
cial)for a parcel consisting of approximately 0.60 acres.The parcel identification
number 18-22-28-4100-00-1T1.The proposed use of this property is a restaurant
with indoor and outdoor seating.
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING
THE ZONING CLASSIFICATION ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY+/-.60 ACRES LOCATED ON THE
NORTH SIDE OF W.SILVER STAR ROAD AND 350 FEET WEST OF
THE INTERSECTION OF BLUFORD AVENUE AND W.SILVER STAR
ROAD FROM R-1AA(RESIDENTIAL)TO C-2(COMMERCIAL)PUR-
SUANT TO THE APPLICATION SUBM1'1-I ED BY THE PROPERTY
OWNER;FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHO-
RIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;RE-
PEALING INCONSISTENT ORDINANCES;PROVIDING FOR SEVER-
ABILITY;PROVIDING FOR AN El,FICTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to
the proposed action.The complete case file,including a complete legal description
by metes and bounds,maybe 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 Commis-
sion 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.
June 8,2017
17-02859W