HomeMy WebLinkAboutVI (A3) First Reading of Ordinance No 95-12, Case No 94-07-02: Kenjen, Ltd - Rezoning "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" AGENDA 4-4-95
f/Ocoee Item VIA 3
Q �` rfpiv:0 COMMISSIONERS
CITY OF OCOEE RUSTY JOHNSON
.. J► D PAUL J FOSTER
C., (G}k9
O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
C`:. OCOEE,FLORIDA 34761-2258JIM GLEASON
'y, (407)656-2322CITY MANAGER
� Of G00v ELLIS SHAPIRO
STAFF REPORT
DATE: March 30, 1995 SRP-487
TO: The Honorable Mayor and City Comm' Sion
THROUGH: Russ Wagner, Director of Planning /
FROM: Abra Dow, Planner .
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-1AA, 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
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
CASE - AR-94t-07-02
NORTH & SOUTH OF OCOEE-CLARCONA RK
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CITY OF OCOEE
LEGEND: both north & east of the inters. of
Ocoee-Clarcona Rd. and Clarke Ext.
North amimilmi
4
JPA BOUNDARY
Gty of Orange Subject
Ocoee County Property
Exhibit B
AGENDA 4-4-95
"CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item VI A 4
Ocoee --
O O COMMISSIONERS
CITY OF OCOEE RUSTY JOHNSON
D. PAUL W.FOSTER
150 N.LAKESHORE DRIVE SCOTT A.GLASS
et �V OCOEE,FLORIDA 34761-2258 JIM GLEASON
jd' (407)656-2322
CITY MANAGER'P Op GOO' �` ELLIS SHAPIRO
STAFF REPORT
SRP-482
DATE: March 30, 1995
TO: The Honorable Mayor and City Commi sio
THROUGH: Russ Wagner, Director of Planning
FROM: Abra Dow, Planner Q,�v
SUBJECT: Mary Crampton Annexation; 926 Silver Star Road
CASE NO: AR-94-08-07
ISSUE:
Should the Honorable Mayor and City Commission approve the above application to annex the ±0.5 acre Mary
Crampton property located on the northwest corner of Silver Star Road and First Street?
BACKGROUND:
The Crampton property contains a single family residence and is situated on the northwest corner of Silver Star
Road and First Street. This area is characterized by older, single family development with some small
commercial businesses located approximately 700 feet to the east. The property is designated Low Density
Residential on the City Future Land Use Map, County Future Land Use Map, and Joint Planning Area Map.
The owner has requested an initial zoning classification of R-1A, Single Family Dwelling District, which would
be consistent with the above referenced maps.
The primary reason for annexation is the extension of potable water service to the residence. Staff has determined
that the City could provide this service.
Should the City decide to annex the property, it would represent a nominal fiscal impact. The 1994 assessed
value of the property is $58,062 but the taxable value is $33,062 due to an homestead exemption. The estimated
City of Ocoee ad valorem tax revenue would be $132.25. The existing residence impacts the roadway network
and the City is already "first responder" for fire and emergency calls. The owner will continue to use her septic
system and does not expect to be connected to the City's sewer system. The additional demand for water, police,
and solid waste services generated by this property would be minimal. Accordingly, staff feels that if the
property is annexed the taxes generated by the property will sufficiently offset the need for services; therefore,
annexation of this property is feasible based upon these considerations.
The only level of service question which has arisen is adequate right-of-way. The City of Ocoee should secure
right-of-way along Silver Star Road as indicated in the Annexation Public Facilities and Services Analysis
(attached). There is inadequate right-of-way available in this section of Silver Star. This arterial roadway
requires a minimum of 120 feet of right-of-way. It is unlikely that the property will be redeveloped soon;
therefore, this may be the only opportunity to secure the additional 20 feet of right-of-way along the north side
Silver Star.
SUBJECT: Mary Crampton Annexation; Case # AR-94-08-07
March 30, 1995
Page Two
With respect to State annexation criteria, §171.044 of the Florida Statutes grants municipalities the authority to
annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. If annexed, the
Crampton property would reduce the size of the "Center Street Enclave." The Crampton property is compact,
non-circuitous, and contiguous to the City along roughly 139 feet of its southern property line; therefore, the
requested annexation is consistent with State criteria for annexation pursuant to Chapter 171 as well as the
standards established by the City and those in the JPA Agreement. Orange County has been notified of the
potential annexation of this property and stated in their September 23, 1994 letter that the county does not have
any objections.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At their meeting on March 29, 1995, the Planning & Zoning Commission found the proposed annexation to be
consistent with: (1) the Ocoee Comprehensive Plan; (2) the Ocoee Land Development Code; (3) Chapter 171,
Florida Statutes; and (4) the JPA Agreement. Accordingly, the Planning and Zoning Commission unanimously
recommended that the ±0.5 acre Mary Crampton property located on the northwest corner of Silver Star Road
and First Street be annexed by the City Commission subject to the dedication of the necessary right-of-way along
Silver Star as well as the execution of necessary developer agreements.
STAFF RECOMMENDATION:
The Development Review Committee(DRC)met on March 8, 1995 in compliance with City of Ocoee Resolution
#94-10, and recommended conditional approval of the above referenced annexation. Staff respectfully
recommends that the City Commission, upon finding the application in Case#AR-94-08-07 to be consistent with:
(1) the Ocoee Comprehensive Plan; (2) State and local annexation criteria; and (3) the JPA Agreement,
APPROVE Ordinance #95-13 subject to the dedication of the necessary right-of-way along Silver Star as well
as the execution of necessary developer agreements.
Attachments: Public Facilities and Services Analysis
Ordinance#95-13
Legal Description(Exhibit A)
Location Map(Exhibit B)
File: MMO-SRP-482.bcc
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-07
Mary Crampton
This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual
properties. Each department has filled in the appropriate section and the findings are summarized below.
I.Planning Department:Abra
A. Applicant(s):Mary Crampton and Betty Ervine
Contact Phone#:(407) 656-0073
B. Property Location:
1. Parcel Id. No.:17-22-28-8420-02-050
2. Street Address:926 East Silver Star Road
3. Legal Description:Sunny Slopes, Block B, Lot 5 and the South half Lot 6
4. Directions:Comer of Silver Star Road & First Street
5. Size:+ 0.5 acre
C. Proposed/Existing Use:Single Family Residence
1. Residential Units:one(1)house
2. Projected Population:1 - 3
3. Office or Professional:n/a
4. Commercial:n/a
5. Industrial:n/a
D. Zoning Classifications and Future Land Use (FLU) Designations:
1. Orange County Zoning Classification:R-1, Single Family Residential
2. Orange County FLU Designation:Low Density Residential (1-4 dua)
3. Requested City of Ocoee Zoning Classification:R-1A, Single Family Dwelling District
4. Proposed City of Ocoee FLU Designation:Low Density Residential (< 4 dua)
5. Consistent With: Comp Plan? des or ne JPA? des or ne
6. Comp Plan Amendment Required? Yes or No When? n/a
7. Comments: Annexation requested because owners wish to connect existing residence to City water service.
II. Fire Department: Chief Strosnider
A. Estimated Response Time: 3 minutes
B. Distance Traveled (to property): 1.5 miles
C. Nearest Fire Hydrant: First Street & Silver Star Road - on subject parcel.
D. Fire Flow Requirements (circle one): meets exceeds adequate
E. Comments: As a result of an Agreement with Orange County, this property is already served for "first
response" by the City of Ocoee Fire Department.
• Page 1 ■
City of Ocoee Planning Department
Annexation Public Facilities & Services Analysis
Date: March 2, 1995 Case Number: AR-94-08-07
Mary Crampton
III. Police Department: Chief Mark
A. Estimated Response Time: 3 - 5 minutes
B. Distance Traveled (to property): 1.5 miles
C. Police Patrol Zone: North
IV. Finances: Abra
A. 1994 Orange County Assessed Value: $33,062.00
B. Estimated City of Ocoee Ad Valorem Tax Revenue (if annexed): $132.25
C. Anticipated Licenses & Permits: $0.00
D. Total Projected Revenues: $132.25
V. Utilities: Jim/Ray
A. Potable Water Issues:
1. In Ocoee Service Area? yes er—ne
2. Distance to Nearest Line? adjacent to property
3. Size of Water Main? 6"
4. Est'd Water Demand? 300 gpd
5. Can City Service this Property? yes erne
6. Extension Needed? yes-Of no
7. Developer Agreement Needed? yes-Or no unlikely
8. City Cannot Service Now or in the Future (check here): n/a
B. Sanitary Sewer Issues:
1. In Ocoee Service Area? des erne
2. Distance to Nearest Line? none in area
3. Size of Sewer Main? n/a
4. Est'd Sewer Demand? 270 gpd
5. Can City Service this Property? yes-er no
6. Extension Needed? erre
7. Developer Agreement Needed? y_es er—ne If they want to be connected.
8. City Cannot Service Now or in the Future (check here): ✓unlikely
C. Other Utility Issues:
1. Utility Easement/ Private Lift Station Site / Well Protection Area Needed
2. Other Comments: none
• Page 2 •