HomeMy WebLinkAboutItem VII (A) 4. First Reading of Ordinance No. 98-20, Blankenship #2 Zoning, Case #AR-98-06-06 Agenda 8-18-98
Item VII A 4
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
� OCOee COMMISSIONERS
O
CITY OF OCOEE DANNY HOWELL
/ �j � SCOTT ANDERSON
IP • 150 N.LAKESHORE DRIVE SCOTT A.GLASS
p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
e:# �, � v (407)656-2322
? CITY MANAGER
E4
OP GOOD` ELLIS SHAPIRO
STAFF REPORT
DATE: August 12, 1998
TO: The Honorable Mayor and City Commission
FROM: Abra E. Home, AICP, Senior Planner
THROUGH: Russell B. Wagner, AICP, Director of Planning
SUBJECT: Ordinance No. 98-20: Blankenship#2 Rezoning to A-1 (Case#AR-98-06-06)
ISSUE:
Should the City rezone the subject property from A-1, Citrus Rural District (Orange County), to
A-1, General Agriculture District (Ocoee)?
BACKGROUND:
The requested rezoning is being considered simultaneously with an annexation petition. The
subject property is located on the east side of Lauren Beth Avenue approximately 775 feet north of
the intersection of Lauren Beth Avenue and Nicole Avenue. This +1- 6.5 acre parcel is vacant and
currently used as a horse pasture. The property owners are simultaneously requesting annexation
and rezoning for an adjacent parcel that contains their home (refer to Case #AR-98-06-05).
Frequently, rezoning applications precede development requests. However, Mr. Blankenship has
stated that the subject properties will not be redeveloped, if the requested annexation and A-1
rezoning are approved.
Single family homes dominate this sector of the Joint Planning Area, but there are three distinct
development and zoning patterns. First, there are large parcels with single family homes and
agricultural uses or businesses. Most of these parcels are zoned A-1 either in the City or County
and Staff anticipates that they will gradually be developed into single family subdivisions. A
second group of properties are also anticipated to develop in the future but are still used for
residential and agricultural purposes until they can be sold for redevelopment, similar to the first
group. The difference is that these parcels have already been rezoned either R-1A or R-IAA.
Third, some large parcels have already been developed as single family subdivisions. Generally,
the developed parcels located south of Clarcona-Ocoee Road are zoned R-1, Single Family
Residential District.
Staff Report to the Honorable Mayor and City Commission
August 12, 1998
Page 2
This development pattern has put property owners between Lake Meadow and the municipal golf
course in an unique situation. They are surrounded by urban development. As a result, property
owners may want to retain their rural zoning and life-style while opting for the higher quality
services available from the City of Ocoee. Such is the case with this rezoning. The property
owners live on the property and have a horse farm and they would like to continue these uses after
annexation and rezoning. Accordingly, the Blankenship's have requested a rezoning to A-1,
General Agriculture District.
DISCUSSION:
The subject property is designated Low Density Residential (< 4 dua) on the City Future Land Use
Map and Joint Planning Area Map. Mr. Blankenship has requested that the subject property be
rezoned A-1, General Agriculture District, which would be consistent with the above referenced
land use designations and would allow him to keep horses on the properties.
The underlying Low Density Residential (< 4 d.u.a.) land use theoretically permits six possible
Ocoee zoning classifications (A-1, A-2, R-1AAA, R-1AA, R-1A, and R-1). Even though the
Comprehensive Plan lists six zoning districts that are theoretically consistent with the Low Density
Residential (< 4 d.u.a.) Future Land Use designation, the City has the option of choosing the most
appropriate zoning classification from the range of potential zoning classifications, as appropriate
to the community and surrounding character of development. Although single family homes are
allowed in each of the six zoning districts, a horse pasture is most appropriately located in the A-1,
General Agriculture District.
Additionally, Staff has determined that the requested A-1 zoning classification is consistent with
Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code;
(4) Joint Planning Area (JPA) Agreement with Orange County; and (5) surrounding land uses and
zoning classifications. More specifically, the request is consistent with the listed goals, objectives,
and policies of the Future Land Use Element of the Comprehensive Plan.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On August 11, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the second Blankenship Rezoning. After a brief discussion, the Planning and Zoning
Commission voted unanimously to recommend approval of the requested rezoning to A-1, General
Agriculture District.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commission adopt Ordinance #98-20,
upon finding that the application consistent with: (1) the Ocoee Comprehensive Plan; (2) the
Future Land Use Map; (3) the Ocoee Land Development Code; and (4) the requirements of the
JPA Agreement.
AEH/csa
Attachments: Ordinance Number 98-20
Surrounding Zoning Map
H:WLL_DATA\CAPDFILE\Staff Reports\CC SR\SR98037.Doc
ORDINANCE NO. 98-20
CASE NO. AR-98-06-06: BLANKENSHIP #2
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY, A-1, CITRUS
RURAL DISTRICT, TO OCOEE, A-1, GENERAL AGRICULTURE DISTRICT,
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6.5 ACRES
LOCATED ON LAUREN BETH AVENUE, APPROXIMATELY 775 FEET
NORTH OF THE INTERSECTION OF NICOLE AVENUE AND LAUREN BETH
AVENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE,
AND THE JOINT PLANNING AREA AGREEMENT; 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 (the "Ocoee City
Commission"), 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, A-1, General Agriculture District (the "Initial Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V 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 No. 91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the
real property hereinafter described; and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City
has the authority to establish an initial zoning for the lands herein described and to immediately
exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163,
Florida Statutes; 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 the JPA Agreement and determined that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan and the JPA Agreement 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, A-1, General Agriculture 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 the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and with respect to proposed Initial Zoning of said real property; 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 6.5 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, A-1, General Agriculture District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 3. MAP. 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. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City
Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be
consistent with the Ocoee Comprehensive Plan and the JPA Agreement.
SECTION 5. OFFICIAL 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 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 Chapter 180 of the Ocoee City Code.
SECTION 6. INCONSISTENT ORDINANCES. 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 , 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AUGUST 20, 1998
READ FIRST TIME AUGUST 18, 1998
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 , 1998.
FOLEY & LARDNER
By:
City Attorney
c:\all_datalahpdfile\anx-rez\active\blankenship ax rz\advords.doc
EXHIBIT "A"
_ .s".�!s�e.�„,y�.q.r...�n,�rv�r,� .t'^K'"'.�.'2 .... �..ri..�.�+;_��,...s. ,'r_i'�=:,c,�.- �•'�s ti "r f.'sDESCRIPTION:FTHE SOUTH1/3 OFTHE NORTH 1/2,OF THE SW 1/4,OF THE SW 1/4(LESS THE WEST
30 FT.THEREOF FOR ROAD RIGHT OF.WAY)SECTION 4,TOWNSHIP 22 SOUTH,RANGE 28 EAST,
ORANGE COUNTY.FLORIDA,;MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGIN ATTHEilW CORNER OF THE SW-1/4,-6F THE SW 1/4 OF SECTION 4,TOWNSHIP 22 SOUTH,RANGE . •
:28FAST,ORANGE COUNTY,FLORIDA;THENCE RUN ALONG THE WEST LINE OF SAID SW.1/4 OF SW 1/4,AN 7
:ASSUMED BEARING OF SOUTH A DISTANCE OF439.38 FEET.TO THE NORTH LINE OF THE S21/3,OF THE N:.1/2
:17F..SAID SW 1/4 OF SW 1/4;THENCE RUN S.89•1519-E.ALONG SAID NORTH LINE 30.00 FEET TO THE EAST =
RIGHT OF WAY OF LAUREN BETH AVENUE TO THE POINT OF BEGINNING;THENCE CONTINUE S.89.15'19"E.ALONG
AFORESAID NORTH LINE 1296.75 I-r_h i -i 0 THE EAST LINE OF SAID SW 1/4 OF SW 1/4;THENCE S.0'40'58'W ALONG
SAID EAST LINE 219.78 I-tt i TO THE SOUTH UNE OF THE S.1/3 OF THE N. 1/2 OF SAID SW 1/4 OF SW 1/4;THENCE
RUN S.89'15'24'W.ALONG SAID NORTH UNE 1294.13 FEET TO THE EAST RIGHT OF WAY OF AFORESAID LAUREN
BETH AVENUE;THENCE NORTH ALONG SAID RIGHT OF WAY 219.69 FEET TO THE POINT OF BEGINNING:
CONTAINING 6.53 ACRES,MORE OR LESS. - -
Page 8 of 9
C:\ALL DATA\AHPDFILEIANX-REZ ACTIVE\BLANKENSHIP AX RZ\AXAGRMNI'.DOC
Exhibit "B" to Ordinance#98-20
Blctnkenship 9 Rezonin _... #2
Location Map (Case #AR-98-06-O6)
'////Y �/,!o�/ j•//r✓ i•t / . 1 -
4. / // • j,� /AC;*4Y//�//Y./'•y�•
-.2/ LJfl V
H '/;.‘
,%•,,?-. 7,;.:..,- ' 'T—'• . ?,5-/•?4''' /:.'‘ /.',;,/
i✓/''7/1 fII . ..-.
ss-icr_ Puo ([D)
I
8 L. ter-
II - wzr ,�— , it` �.- - `
'A ii
1
NE-T-71 P•RX i ::-:- is< -'P.1_,1.:_:Li t ;1-?4'..,1.___ ____J \ t\--.. ..i.--
.. 1--.--..1
I �� a_
--,E, , { I1- _ (woT" rvo-
-=--=- 1�- " � I L v imr.rce (COW)
} �aa-e t _ ._r_- - - f - �a w _r_Tv[�trcxr __- (co
ialm
-,`tea1.---.......:- f' _
.t--r -11- • ' - - 7 \ -
�i ?I11Ri ✓�' -1
Lake J :1,—____ -
Apopka lit-- -''_-a<�=:•�_y
Legend: _ _,..=___.1.•._.-.....:.,::....'.','..' _e.�=
Parcel -028 (Rezoning #2) iNk - -__-,. ''� + �,r-
Parcel Lines ' :L:".„,_-___,--lit_.,
t
12B The West Oran a Times Thursday, August 20, 1998
CITY OF OCOEE
NOTICE OF PUBLIC
HEARING TO CONSIDER Thursday,August 20, '1998 •
ADOPTION OF PROPOSED •
INITIAL ZONING
•
ORDINANCE NO.98-20
CASE NO.AR-98-06-06:
BLANKENSHIP#2 CITY OF OCOEE
NOTICE OF PUBUC HEARING i
NOTICE IS HEREBY GIVEN TO CONSIDER ADOPTION i
pursuant to Section 166.041, OF PROPOSED INITIAL ZON-I
Florida Statutes, and ING ORDINANCE NO.98-20
Sections 1-10 and 5-9, CASE NO,AR-98-0608;BLAH .
Ocoee Land Development KENSHIP#2
Code, that on September 1, NOTICE IS HEREBY GIVEN
1998 at 7:15 p.m.,or as soon pursuant to Section Sectio 1,
thereafter as practical, the Florida Statutes,and Sections
OCOEE CITY COMMISSION 1-10 and 5-9,Ocoee Land De-
will hold a PUBLIC HEARING velopment Code,that on Sep-
at the City Commission tember 1,1998
and 7:15 p.m.or
Chambers, 150 North as soonthereafter as practical
the OCOEE CITY COMMISSION •
Lakeshore Drive, Ocoee, wit hold a PUBUC HEARING at
the City Commission Chambers,
Florida, to consider on the
second of two readings the 150 North •Lakeshore Drive,
adoption of the following Ocoee, Florida to consider on
the second of two readings
Ordinance: adoption of the following ordi-
nance:
ORDINANCE NO.98-20 ORDINANCE NO.98-20
CASE NO. AR-98-06.06: CASE NO. AR-98-06-06:
BLANKENSHIP#2
BLANKENSHIP#2
AN ORDINANCE OF THE AN ORDINANCE OF THE
AN OFORDINANCE
OCOEE,FLORIDA, CITY-OF°COM FLORI-
CHANGING THE ZONING NGC ORANGEHttACOUNTY,
T ON
CLASSIFICATION FROMAFROM
RAL DIS--
ORANGEN
COUNTY, A-1, TRICr To OCOEEA-1
CITRUS RURAL DISTRICT,
DISTRI •
CT
AGRICULTURE
TO OCOEE,A-1, GENERAL DISTRICT ON CERTAIN
REAL PROPERTY CON-
AGRICULTURE DISTRICT, TAINING APPROXIMATE-
ON CERTAIN REAL LY 6.5 ACRES LOCATED
PROPERTY CONTAINING ON LAURENR BETH AVE.APPROXIMATELY 6.5 I775 NTERSY
ECTIRTHMOFTNI-
NI-
ACRES LOCATED ON INTERSECTION OF LAUREN BETH AVENUE, COLE AVENUE AND UR.
APPROXIMATELY 775 FEET REN BETH AVENUE PUN-
NORTH OF THE SUANT TO THE
INTERSECTION OF NICOLE APPLICATION SUBMIT-•.
TED BY THE PROPERTY
AVENUE AND LAUREN ZON NGS;FINDING SUCH
F BE CONSIS-
BETH AVENUE PURSUANT TENT WITH THE OCOEE
TO THE APPLICATION COMPREHENSIVE PLAN,
SUBMITTED BY THE THE OCOEE CITY CODE,
PROPERTY OWNERS; AND THE JOINT PLAN-.
FINDING SUCH ZONING TO NTNG AREA AGREEMENT; •
BE CONSISTENT WITH THE PROVIDING FOR AND V-
OCOEE COMPREHENSIVE THORIZING THE NEVI-
PLAN, THE OCOEE CITY CITY O THE APICIAL
CODE, AND THE JOINT CITY ZONING MAP,_•
L A N N I N G AREA PEALING INCONSISTENT
ORDINANCES• PRONTO-.
AGREEMENT; PROVIDING ING FOR SEVERABILITY;
FOR AND AUTHORIZING PROVIDING FOR AN EF-
THE REVISION OF THE The CityTIVE DATE.om
OFFICIAL CITY ZONING The City Commission may
continue the public hearing
MAP; REPEALING to other dates and times as
INCONSISTENT they deem necessary.Aarji
interested party shall be
ORDINANCES; PROVIDING
vised that the dates,times
FOR SEVERABILITY;
PROVIDING FOR AN and places of anycontirrwa
tion of this or continued'
EFFECTIVE DATE. public hearings shall be an-.' .
nounced during the hearing
The City Commission may and that no further notices
continue the public hearing to regarding these matters wfA
other dates and times as they be ped. ;:
Interestest ed •
parties may tip--;
deem necessary. Any ear at the meetin°and be
interested party shall be herd regarding the.pro-"
advised that the dates,times, posed initial zoning ondie
and places of any ante. A copy of ths pro-=
posed ordinance moy be ,
continuation of this or inspected at the Cit Glades:, . i
continued public hearings office,150 North Lakeshore
shall be announced during Drive,between the hours of8:
the hearing and that. no Moo a.m. and 5:00 p,ex-
further notices regarding
cept alrF «
these matters will be p g holidays. Any
person who desires to a
published. peal any decision made
during the public hearing
will need a record of the
Interested parties mayappearpfoceeding and for this pur
at the meeting and bed hateamve ba retold o -
regarding the proposed initial the proceedings is madd
testimo-
zoning ordinance. A copyof t whit includes a which includes the testimony
the proposed ordinance may and evidence upon which the n and evlderiee upon,'
be inspected at the City _ w ich the evpsaI is based.
appeal is based.Persons with Persons rt rl disabilities
Clerk's office, 150 North disabilities needing needingassistancetopar-
Lakeshore Drive,between the assistance to participate in tieipete in any of the lo-
hours of 8:00 a.m.and 5:00 any of the proceedings thoeedings should contact
p.m.,Monday through Friday, should contact the Cityhours Clerk's a of 48
except legal holidays. Any Clerk's Office 48 hours iin 407)8a of the
meati at(407)8562322.
person who desires to appeal advance of the meeting at
1998
r2t102 August 20,
any decision made during the (407)656-2322.
public
hearin
record of the proceedi need and JEAN GRAFTON,
for this purpose may need to • CITY CLERK,
ensure that a verbatim record CITY OF OCOEE
of the proceedings is made
8/20/98 •