The URL can be used to link to this page

Home My WebLink AboutV (A) Public Hearing - Second Reading 2) Ordinance No 95-11, Case No 94-08-06: Lewis - Initial Zoning AGENDA 4-4-95k-It•4s "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI A 2 IC/ 2. Ocoee 0//,, O COMMISSIONERS Z.:#1 ► '� CITY OF OCOEE RUSTY JOHNSON a PAUL W.FOSTER 150 N.LAKESHORE DRIVE SCOTT A.GLASS e'# OCOEE,FLORIDA 34761-2258 JIM GLEASON ,y�, O...........)0 (407)656-2322 CITY M ANACER f4 06000� ELLIS SHAPIRO STAFF REPORT DATE: March 30, 1995 SRP-479 TO: The Honorable Mayor and City Commii sign THROUGH: Russ Wagner, Director of Planning lam/ FROM: Abra Dow, Planner ►'� SUBJECT: Marjorie Lewis Initial Zoning; 904 Silver Star Road CASE #: AR-94-08-06 ISSUE: Should the Honorable Mayor and City Commission approve the above application to rezone a ±0.5 acre parcel owned by Mrs. Marjorie Lewis situated at 904 Silver Star Road from R-1, Single Family Residential District (Orange County) to R-1A, Single Family Dwelling District (Ocoee)? BACKGROUND/ DISCUSSION: Mrs. Lewis' initial rezoning request is being considered simultaneously with her annexation petition. The subject property is located on the northeast corner of Silver Star Road and Woodson Avenue. A small residence is located on the site and the surrounding properties are residential. 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 initial zoning request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) surrounding zoning districts; and (5) Joint Planning Area(JPA) Agreement with Orange County. More specifically, the initial 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. 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. The property is located within the JPA as well as the City's Water Territory. PLANNING & ZONING COMMISSION RECOMMENDATION: At their meeting on March 29, 1995, the Planning & Zoning Commission found that the proposed initial zoning 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 0.5892 acre parcel owned by Mrs. Marjorie Lewis situated at 904 Silver Star Road be rezoned from R-1, Single Family Residential District (Orange County) to R-1A, Single Family Dwelling District (Ocoee). Subject: Marjorie Lewis Initial Zoning; 904 Silver Star Road March 30, 1995 Page Two STAFF RECOMMENDATION: Staff respectfully recommends that the City Commission, upon finding the application to be consistent with the: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) surrounding zoning districts; and (5) WA Agreement, APPROVE Ordinance #95-11 which will assign an initial zoning of R-1A, Single Family Dwelling District, as requested in Case #AR-94-07-06. Attachments: Ordinance#95-11 File: MMO-SRP-479.BCC Legal Description (Exhibit A) Location Map (Exhibit B) ORDINANCE NO. 95-11 CASE NO. AR-94-08-06: LEWIS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY R-1, SINGLE FAMILY RESIDENTIAL DISTRICT, TO OCOEE R-1A, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING ± 0.5892 ACRES LOCATED ON THE NORTHEAST CORNER OF SILVER STAR ROAD AND WOODSON AVENUE 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 as of 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, R-1A, Single Family Dwelling 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 Initial Zoning 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, R-1A, Single Family Dwelling District", as requested by the Applicant,and that the Ocoee City Commission find that the Initial Zoning 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 ± 0.5892 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County, R-1, Single Family Residential District" to "Ocoee, R-1A, Single Family Dwelling 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 area of Initial Zoning 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 fords the Initial 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 Initial 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 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 PLAT OF SURVEY DESCRIPTION Lot 4 and the South 75.00 feet of Lot 3, less that part in . Silver Star Road. Block 8, Sunny Slopes as Recorded in Plat Book U, Page 99 of the Public Records of Orange County, Florida. Described as: Commence at the Southeast corner of the SW 1/4 of the NE 1/4 of Section 17, Township 22 South, Range 28 East of Orange County, Florida; thence NO1'50"00"W a distance of 40.02 feet; thence N90.00"00"W a distance of 84.25 feet to a point on the North Right of Way line of Silver Star Road and to a point of curvature of a curve concave Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along the arc of said curve, through acentral angle of 08.40'17", a distance of 80.77 feet to the Point of Beginning also being the Easterly line of said Lot 4 and to a point on curve concave Northeasterly, having a radius of 533.69 feet, run thence Northwesterly along the arc of said curve, through a central angle of 15'22'14", a distance of 143. 17 feet to a point on the East Right of Way line of Woodson Street; thence N01'50'00"W along said East Right of Way line a distance of 163.92 feet to the North line of the South 75.00 feet of said Lot 3; thence N88.26"00"E along said North Lot line a distance of 135.61 feet; thence SO1-50'00"E a distance of 207.85 feet to the Point of Beginning. Contains 0.5892 acres or 25664 square feet more or less. • Exhibit A Marjorie Lewis Case # AR-94-08-06 904 Silver Scar Road moi -4 e wrrai nait I ' I !' C�. -/ / _ J \ • � � Ocoee Center Street -L, cz, _ ;?:—. 7l ?: _— _ ..r W ►_lam_ m_ 0 lir s11 iier: , <' `a min `1 am' c S\ Orange_ . �-4„pc, a r -s' o County- �- ;_...1_, .... Iii..„ Ocoee • ad 4 ill {iii ,j 1 ` Silver Star Road- (SR Vtilarir , \ `j'' -Fr — �a Oc ee'_-. .' ,) -r IStar�z Luk.. Y - 1` 1410. 7/ -.4 f_ j . 1 I / LEGEND: located on t.e nor1ast maser of Silver Star & Woodson Avenue North. ( / /i I I IIIIIIIIIIIII Cry of Orange Subject Ocoee county Pnopemr Exhibit B