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Home My WebLink AboutV (B) Public Hearing - Ordinance No 95-05, Hysell Zoning AGENDA 3-7-95 iii "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item V B • ��ee .�l.V11 VANUCKUKIr1 0 ' COMMISSIONERS c� •• aCITY OF OCOEE RUSTY JOHNSON PAUL W.FOSTER 150 N. LAKESHORE DRIVE SCOTT A.GLASS (±,..), OCOEE,FLORIDA 3.1761-2258 JIM GLEASON • (407)656-2322CITY MANAGER 09 ELLIS SHAPIRO S TAFF REPORT DATE: February 15, 1995 SRP-474 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner, Director of Planning / FROM: Abra Dow, Planner ,Gce ��"" SUBJECT: Homer Hysell Initial Zoning; 306 North Ocoee-Apopka Road CASE #: AR-94-07-03 ISSUE: Should the Honorable Mayor and City Commission approve the above referenced application to rezone a 2.3 acre parcel owned by Mr. Homer Hysell situated at 306 North Ocoee-Apopka Road from A-1, Citrus Rural District (Orange County) to C-2, Community Commercial District (Ocoee)? BACKGROUND/DISCUSSION: Mr. Hysell's rezoning request is being considered simultaneously with his annexation petition. The subject property is located on the east side of Ocoee-Apopka Road, about 350' north of its intersection with Silver Star Road. A small residence was located on the site until Mr. Hysell had the building razed in 1994. The parcel is vacant now. Surrounding properties to the north and northwest remain undeveloped, whereas properties to the south and southwest are commercial. Sobik's Restaurant is located immediately south of the subject property. The Sobik's property is zoned C-2 in the City of Ocoee. The future land use designation of the subject property is Commercial which permits a wide variety of commercial uses. Staff has determined that the requested the requested zoning designation of C-2 is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) Joint Planning Area (JPA) Agreement with Orange County. The requested rezoning is consistent with the character of the surrounding zoning and development patterns. More specifically, the subject rezoning is consistent with the following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Objective 2; and (e) Policy 2.4. The "Public Facilities and Services Analysis" performed by staff, as part of the annexation review, indicates that the City can adequately provide urban services to the property if it is developed. The property is located within the JPA as well as the City's Water and Sewer Territories. at e4 City Commission Staff Report - Hysell Initial Zoning February 15, 1995 Page Two PLANNING & ZONING COMMISSION RECOMMENDATION: At their meeting on February 14. 1995, the Planning & Zoning Commission found that the proposed rezoning was consistent with the: (1) character of surrounding zoning and development patterns; (2) Ocoee Comprehensive Plan; (3) Ocoee Land Development Code; and (4) JPA Agreement. Accordingly, the Planning & Zoning Commission unanimously recommended that the 2.3 acre parcel owned by Mr. Homer Hysell situated at 306 North Ocoee-Apopka Road be rezoned from A-1, Citrus Rural District (Orange County) to C-2, Community Commercial District (Ocoee). STAFF RECOMMENDATION: Staff respectfully recommends that the City Commission APPROVE Ordinance #95-05 which will assign an initial zoning of C-2, Community Commercial District, to the Hysell property as requested in Case #AR-94-07-03 upon finding it to be consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3) the character of surrounding development and zoning patterns; and (4) the requirements of the JPA Agreement. Attachments: Location Maps File: CC-95-002.srp Legal Description ri . iliCOLIMCIC Rom UJ APOP KA: •' • - Paw •...••• • .... c --. • .. • i 1 K� : '.' • . V ',...--~..v• p.vr .+ a1- .. M. • .A.• • �..• •.i . � ` ::1. . .4 . ., arm .;1 ..1'; X•.�7 4j4. •1.•.•• •f. y1•. ••••••••‘..1.-".. ce\•.:..;.•01.;•••••••••3. _.' _ •,L�� .•.'..► '..•••:••••01'-'~If•..�.•-.0_'.. •�1'�•.*• • I ."7- sag ma.1`1 •..�' ' w.�•\: �: • • Q %. '--SIT :• I■t• I i :•:::-..:um imm ).,„it:''*---..:: lik . t M,1111 I tt_ ' ' •-- 7till :.;:g„,•,...".1•.:i....: irill'i . 1 .. • aI �.`•.a• un ---7: ae:!at , r 1 & .c.-., • ....,..:, 3 0 # 42—. 40,,,Aidif -1,04etrej ... —14). AP' ••.AIIVL.:14.'Illdi M=AI1: Q• ' = , J'- aril fila.,. .acv .ra;, er,^M-;. ,.x�v �kora SILVER STAR RO .::: lr, . �' .:.e-...-. •„„3.&.;....,..•.. fie,•: im•■1, A_LI.....z11.1.c,41 =—•r li • ` �y _ .a:y'.s d ' t �) es" ___f- :::.77::;‘,167..‘-...:. .r - • • t■ r_'c, lli,� • Qs jam •. � .: � . �•:,;a! .. :11M �'` C� ='a� LC l 111 - .....90,_ „.„.....,•_ .,........‘ .•:..: _____...... Ocoee ,..,..,, -, „..-...„--_., , --- LEGEND: • SUBJECT PROPERTY �n = - —.. �seoaowarm .,eu L .ter PLANNING .IC., eour LOCATION MAP FOR THE HYSELL ANNEXATION AND INITIAL ZONING Case No: AR-94-07-03: Hysell Initial Zoning 306 North Ocoee-Apopka Road i - IL . T ' le.44 . < I . .: r A-2 /'N IF _ — , ORANGE 1 IF: O' V E-E `" /4 / ///_; . , ,, _ 1.,„, ,„,,,,,,i,,---t/Aidiiii . ..../.... .,,,... .,... .. HF, 4,- irra. 1. 10 ,, ' 7 I grb � if�idi I - _ 17 A r , : 1, 0--" jr-77.-w7- 4pari , . .„ . , . . 01-5105r..:Airr_ 4 *: ' ' 4-- " t iidy .% . 1 r-au. .,741)c , z-- 2311, //. . �. 1;4; aster ,:,..- , , / '1`r 1 ' M Pr r, ...r . - i ".„&. ' 7A4°11 :-.. : - liS7:767144114jegival;IF L l''':::-• - AVNiszoor I I 11' I�.w' ^t - 1 Y.ln1-L�T�~�Lti- F "• r , ,_ ....• Ar • ...,.(r / '.. ."7 / ! � 112) J 11 1 • �� 'a:r0 r��j.:7[C199-g. ('I�ri`E -o Zll 1 i I - L Hysell Property located 358'North of the intersection of Silver Star Road and Ocoee-Apopka Road. Legend: Subject Ocoee Orange North Property City Limits County • SWAGGERTY LAND SURVEYING, INC. 1819 W. SECOND ST. SANFORD,FL 32771 (407) 322-46.30 DESCRIPTION: (0.3. BOOK 3916, PC. 4217) Beginning ac the Northvesc corner of S.W. i of Y.E. k of Section 18, Township 22 S. range 28 E., running thence South 733 feet and 5 inches for a starting point; running thence South 175 feet; Easc 625 feet and 6 inches to the Hellon property; thence North along Hellon property 175 feet to Southeast corner of the Buznsed property; thence West along Burned property co point of begin! tg, containing 2-s acres, mare or less. less right of way for County Road. BEING MORE ?9R ICOLARLY DESCRIBED AS FOLLOWS: CONS AT THE NORTSJEST. CORNER OF THE SOUTHWEST i OF THE NORTHEAST i OF SECTION 18, township 22 SOUTH, RANGE 28 EAST, ORANGE many,r, FLORIDA, RUN 5.00°00'20' E. A • - LONG THE WEST LINE OF SAID SOUTHWEST 'z OF THE NORTHEAST k OF Srt.LON 18, A DISTANCE OF 732.07 FETT; THENCE LEAVING SAID WEST LINE RUN N.89•34'04' E. 30.00 FEET TO THE POINT OF BEGINNING ON THE EAST RIGHT-OF-WAX LINE OF 000EE- APOPKA ROAD (STATE ROAD NO.437); THENCE S.O0°00'20" E. ALONG SAID EAST RIGHT-OF-WAY LINE 173.29 FEE:: T.u''._NCE LEAVING SAID FAST LIGHT JF-WAY LINE RUN N.89°30'51' E. 591.25 FEET TO THE WEST LLE OF PIONEER MY PARC, AS RE- CORDED N PLAT 3COK 6, PAGES 77 THROUGH 86, INCLUSIVE, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N.00°10' 53' W. ALONG SAD WEST LINE 172.73 FEET; THENCE LEAVING SAID WEST LINE RUN S.39°34'04' W. 590.71 FEET TO THE POINT OF BEGINNING. CONTE-YLYGr*y 2.347 ACRES MORE OR LESS. • Exhibit A ORDINANCE NO. 95- 05 CASE NO. AR-94-07-03: HYSELL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT, TO OCOEE C-2, COMMUNITY COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.347 ACRES LOCATED APPROXIMATELY 350' NORTH OF THE INTERSECTION OF SILVER STAR ROAD AND OCOEE APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; 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 City Commission of the City of Ocoee, Florida, has on the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and 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 to rezone and establish an initial zoning classification for said real property of Ocoee C-2, Community Commercial District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said 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, said Initial Zoning 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, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "Ocoee, C-2, Community Commercial District", 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, the Ocoee City Commission has held a de novo public hearing with official notice thereof and respect to proposed initial Zoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the initial Zoning requested by the Applicant 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. The City Commission of the City of Ocoee, Florida has the authority to adopt this Ordinance pursuant to Article ViiI of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes. SECTION 2. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 2.347 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, A-1, Citrus Rural District" to "Ocoee, C-2, Community Commercial District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THiS REFERENCE MADE A PART HEREOF. SECTION 3. A map of said land herein described which clearly shows the rezoned area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Commission of the City of Ocoee, Florida, hereby finds that the new zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 5. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the zoning amendment 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 the Ocoee City Code. SECTION 6. 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 , 1995. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED FEBRUARY 23, 1995 READ FIRST TIME FEBRUARY 21, 1995 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1995. FOLEY 6i LARDNER By: City Attorney SWAGGERTY LAND SURVEY1NG, ING° 1819 W. SECOND ST. deg. SANFORD, FL 32771 (407) 322-4630 DESCRIPTION: (O.R. BOOK 3916, PG. 4217) Beginning at the Northwest corner of S.W. 'i of N.E. } of Section 18, Township 22 S. range 28 E., running thence South 733 feet and 5 inches for a starting point; running thence South 175 feet; East 625 feet and 6 inches to the Bell= property; thence North along Belton property 175 feet to Southeast corner of the Burnsed property; thence West along Burnsed property to point of beginning, containing 2-1 acres, more or less. less right of way for County Road. BEING M3RE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST z OF THE NORTHEAST Is OF SECTION 18, township 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, RUN S.00°00'20" E. A- LONG THE WEST LINE OF SAID SOUTHWEST k OF THE NOR' 'aST k OF SECTION 18, A DISTANCE OF 732.07 FEET; T ICS LEAVING WEST LINE RUN N.89°34'04" E. 30.00 FEET TO THE POINT OF BEGINNING ON THE EAST RIGHT-OF-WAY LINE OF OCOEE- APOPKA ROAD (STATE ROAD NO.437); MENCE S.00°00'20" E. ALONG SAID EAST RIGHT-OF-WAY LINE 173.28 FEET: THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE RUN N.89°30'51" - 591.25 FEET TO THE WEST LINE OF PIONEER KEY PARK, AS RE- CORDED IN PLAT BOOR 6, PAGES 77 THROUGH 86, INCLUSIVE, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N.00°10' 53" W. ALONG SAID WEST LINE 172.73 FEET; THENCE LEAVING SAID WEST LINE RUN S.89°34'04" W. 590.71 FEET TO THE POINT OF BEGINNING. CONTAINING rimEEN 2.347 AC/ES MORE OR LESS. Exhibit A • i Case No: AR-94-07-03: Hysell initial Zoning 306 North Ocoee-Apopka Road • 0_ G 7— ' ,I* d ;iZ/Z - .i o ORANGE � �: ,. /� 1 7:41 . • :O. ( L ;,, : ...e.. ,,. :, ..1—: . ::: :::::. It 46/ r 4 I i.4[ OFP!, , --r" MP' " --..-1'7— , . I I 1 iir . : i . /4. ::.;r411:t.111ligp. • ." • :*.F. • 7- --•,. .....,.,...„...„._•.,...., , ,....1. .a, :r goft ,A ib. ar t:�R V. r yi/8 '9 (/// ;� alEn �� '•_ .�_/fur. e. : 1(/li ., . Ma • vi -,..11 lui .... : r. A IF-yz 7:7/4,,-i-9... en n IL. 'r) '^..sa•. - AIr . . / • '7 . `'; ,moi.r.r• . .a!.ii ' .�! },. .�. .1w•'6 !.1.1:7. '"' - v I' % ,, .aa V. .' /`•"" ,. , r� y, W../a. V.0-- 4i _ _ i I ._V . � o. Hysell Property tooted 350•North of the Intersection of Silver Star Road and Ocoee-Apopka Road. Legend: .. Q 1 :• ••• Subject Ocoee Orange North Property City Limits County Exhibit B •