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Home My WebLink AboutV (A) Public Hearing - Second Reading 3) Ordinance No 95-12, Case No. 94-07-02: Kenjen, Ltd - Rezoning it "CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" AGENDA 4-4-95/#-/8-95 - Ocoee Item VIA 3 Y A 3 s Q` �y N4::. COMMISSIONERS � '� •• CITY OF OCOEE RUSTY JOHNSON Z.: . Ip PAUL W.FOSTER 150 N.LAKESHORE DRIVE SCOTT A.GLASS � (1-5....,.../.: OCOEE,FLORIDA34761-2258 JIM GLEASON y' (407)656-2322CIlY M ANAGER f'P0 600ELLIS SHAPIRO STAFF REPORT DATE: March 30, 1995 SRP-487 TO: The Honorable Mayor and City Co • sion THROUGH: Russ Wagner, Director of Planning / FROM: Abra Dow, Planner aie- SUBJECT: Kenjen, Ltd. Rezoning; Ocoee-Clarcona Road CASE #: AR-94-07-02 ISSUE: Should the Honorable Mayor and City Commission approve the above referenced application to rezone a 37.542 acres parcel owned by Kenjen, Ltd. situated both north and east of the intersection of Ocoee-Clarcona Road and the Clarke Road Extension from A-1, General Agriculture District(Ocoee) to R-1AA, Single Family Dwelling District (Ocoee)? BACKGROUND/ DISCUSSION: The Kenjen property is located both north and east of the intersection of Ocoee-Clarcona Road and the Clarke Road Extension. The property is vacant and undeveloped. The future land use designation of the subject property is Low Density Residential which permits single family residential uses up to four dwelling units per acre. Staff has determined that the rezoning request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) surrounding zoning districts. More specifically, the requested zoning 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 1.10; (d) Policy 1.11; (e) Objective 2; and (f) Policy 2.4. Although this property is not affected by the JPA Agreement because it was annexed prior to February 11, 1994, staff performed an analysis which indicates that the City can provide urban services except water and sewer services. The subject property is outside of the City's Water and Sewer Territories and the developer will have to contact Orange County regarding the provision of these services. PLANNING & ZONING COMMISSION RECOMMENDATION: At their meeting on March 29, 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 37.542 acres parcel owned by Kenjen, Ltd. situated both north and east of the intersection of Ocoee-Clarcona Road and the Clarke Road Extension be rezoned from A-1, General Agriculture District (Ocoee) to R-1AA, Single Family Dwelling District (Ocoee). • SUBJECT: Kenjen, Ltd. Rezoning; Ocoee-Clarcona Road March 30, 1995 Page Two STAFF RECOMMENDATION: Staff respectfully recommends that the City Commission, upon finding the application to be consistent with the Ocoee: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) surrounding zoning districts,APPROVE Ordinance#95-12 which will assign a new zoning of R-1AA, Single Family Dwelling District to the Kenjen property as requested in Case #AR-94-07-02. Attachments: Ordinance#95-12 Legal Description(Exhibit A) File: MMO-SRP-487.BCC Location Map(Exhibit B) ORDINANCE NO. 95-12 CASE NO. AR-94-07-02: KENJEN AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE A-1, GENERAL AGRICULTURE DISTRICT, TO OCOEE R-1AA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING ± 37.542 ACRES LOCATED, BOTH NORTH AND EAST OF THE PROPOSED INTERSECTION OF CLARKE ROAD AND OCOEE-CLARCONA 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 CONFLICTING 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 to Ocoee R-1AA, Single Family Dwelling District (the "Rezoning"); 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 Planning Director 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, 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, the Planning and Zoning Commission has 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 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 "R-IAA, Single Family Dwelling 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 held a de novo advertised public hearing with respect to the proposed Rezoning of said real property; and WHEREAS, the Ocoee City Commission has determined that the Rezoning 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. 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 following described parcel of land containing ± 37.542 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Ocoee A-1, General Agriculture District" to "Ocoee R-1AA, Single Family Dwelling District": SEE EXHIBIT "A"(METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 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 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 Ocoee City 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 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 APRIL 6, 1995 READ FIRST TIME APRIL 4, 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 and LARDNER By: City Attorney 1 LEGAL DESCRIPTION All that part of the Southwest quarter (SW 1/4) of the Southeast quarter (SE 1/4) of Section 33, Township 21 South, Range 28 East lying South of the Atlantic Coast Line Railroad track, AND Begin at a point on the North boundary of the Northeast Quarter (NE 1/4) of Section 4, Township 22 South, Range 28 East where it is intersected by the North boundary of the present County road right-of-way, thence West along the North boundary of the Northeast Quarter (NE 1/4) to the Atlantic Coast Line Railroad, thence Southwesterly along said railroad to the intersection of the railroad and County Road right-of-way, thence Northeasterly along the North boundary of the County Road right-of-way to the point of beginning, AND That part of the North half (N 1/2) of the Northwest quarter (NW 1/4) of the Northeast quarter (NE 1/4) of Section Four (4) , Township Twenty-Two (22) South, Range Twenty-eight (28) East, lying South of paved County Road, AND The Southeast'quarter (SE 1/4) of the Northwest quarter (NW 1/4) of the Northeast quarter (NE 1/4) and the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of Section Four (4) , Township Twenty-two (22) South, Range Twenty-Eight (28) East, AND Less that portion contained in the Warranty Deed to the City of Ocoee, a Florida municipal corporation, recorded in Official Records Book 4281, Page 1793, Public Records of Orange County, Florida. END OF LEGAL DESCRIPTION Exhibit A KENJEN,LTD REZONING CASEAR-94-07-02 NORTH & SOUTH OF OCOEE-CLARCONA RD. --I -I-- J 1 H MCCORMICK RD. NI = ••U APPII*' � s sJ= 34 � l PR+P� RTY ii �' '' mor ,. , _._,. 1._ .r/ir4S4/1frAIV-/A liriird 4 .. 4r ,54.•_'.F,,.- ..%fr. 0 srAllifill11, .., A, HUI ME Ir v// k /�/fr __._. .i , _ 0 .,, ,1 177' •....„.......,,,,„:„...;05,•••••.# age— / 'o� z•yA;:..r✓P;--5i , G �� I I : -�Li _ �i tai ■� �_ _ -= JAIIL ill , d . . i 13 1 immi'mr ' . / 0, iir.,;-.-.5.-4,:x.tr, , 1 - — gv.. / ,fF. I .z.,,_ i.1t -,,,.. ��i�/�%LLL .. za..Sl� 4 `! *"._...._. -•" ��/ / .077.27- 44 �'k�E a. --- • -ca- i c._. I J- _ < CITY OF OCOEE G D both north & east of the inters. of Ocoee-Clarcona Rd. and Clarke Ext. North imilimmailii,IN 6JPA 80 % (--'� City of Orange Subject Ocoee County Property Exhibit B