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Home My WebLink AboutVI(A) First Reading Of Ordinance No. 97-04, Relating To Silvestri Investments Rezoning Second Reading And Public Hearing Scheduled For January 7, 1997 • AGENDA 12-17-96 Item VI A "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" ••u•••-•• ��••••••��•�•�^ Ocoee S.SCOTT VANDERGRIFT /o(" :` COMMISSIONERS � p-44 CITY OF OCOEE • � RUSTY JOHNSON _ a SCOTTANDERSON v D 150 N.LAKESHORE DRIVE S GLASS ct• C'► OCOEE,FLORIDA 34761-2258 JIM G LEASON fr � (407)656 2322 CITY MANAGER E4, OF G000�` ELLIS SHAPIRO STAFF REPORT DATE: December 11, 1996 SRP-96-040 TO: The Honorable Mayor and City Commissioners THROUGH: Russell B. Wagner, AICP, Director of Planning FROM: Abra E. Home, Senior Planner n�a lam" SUBJECT: Silvestri Investments Rezoning CASE #: R-96-10-06 ISSUE: Should the Mayor and City Commission approve the above application to rezone a ±9.26 acres parcel from C-1, Neighborhood Shopping District to R-1A, Single Family Dwelling District? BACKGROUND: The subject property is a vacant parcel located on the east side of Clarke Road, approximately 1,280 feet north of Hackney Prairie Road and just south of Prairie Lakes Subdivision. Surrounding properties to the north and east are zoned R-1A, Single Family Dwelling District, and parcels to the west and south are predominantly scheduled for low density residential uses. Although the current • Future Land Use Designation of the subject property is Commercial, Silvestri Investments is simultaneously requesting a Small Scale Comprehensive Plan Amendment to change the Future Land Use Designation to Low Density Residential. These two applications, if approved, would allow Silvestri Investments to expand Prairie Lakes Subdivision southward. DISCUSSION: The rezoning application would be consistent with the Ocoee Future Land Use Map, if amended as requested by Silvestri Investments. The proposed rezoning would also be consistent with the City's overall goal of establishing an appropriate pattern of land uses. Specifically, the rezoning would be compatible with the surrounding pattern of low density residential land uses and zoning districts. Further, since the Hackney Prairie Road paving project from Clarke Road to Apopka Vineland Road was eliminated from the Capital Improvements Projects list, a large area of C-1 zoning may not be appropriate from an infrastructure standpoint. 47 The Honorable Mayor and City Commissioners December 11, 1996 Page 2 PLANNING AND ZONING COMMISSION RECOMMENDATIONS: At their meeting on December 10, 1996, the Planning and Zoning Commission unanimously recommended approval of the requested rezoning to R-1A, Single Family Dwelling District, upon finding the application to be consistent with the City of Ocoee's: (1) Comprehensive Plan, (2) Future Land Use Map (as amended), and (3) Land Development Code. STAFF RECOMMENDATION: Based upon DRC and Planning and Zoning approvals, Staff respectfully recommends that the Mayor and City Commissioners approve the requested rezoning to R-1A, Single Family Dwelling District. Attachments: Location Map • Legal Description File:C:\CAPDFILE\STAFFR-1\CCSR-1\SRP96040.WPD ORDINANCE NO. 97-04 CASE NO. R-96-10-06: SILVESTRI INVESTMENTS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM C-1, NEIGHBORHOOD SHOPPING DISTRICT, TO R-1A, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING 9.26 ACRES (MORE OR LESS) LOCATED ON THE EAST SIDE OF CLARKE ROAD APPROXIMATELY 1,280 FEET NORTH OF HACKNEY PRAIRIE 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 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 a Rezoning classification for said real property of R-1A, Single Family Dwelling District (the "Rezoning"); 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 Rezoning 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, 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-1A, 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 has held a de novo public hearing with official notice thereof and 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. 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 9.26 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "C-1, Neighborhood Shopping District" to "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 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 Rezoning 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 Chapter 180 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 , 1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED DECEMBER 26, 1996 READ FIRST TIME DECEMBER 17, 1996 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 , 1997. 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S ►oJ$ID Knape Am • hGuio7a�� art- • LL)ie1'S D'Iilr r1D1Y7 tYUY17�p _N'][IrBil7 3r3- fV13 B • RII131G 1121 Z JD.133VL 3� • Aaadoad u;sanI!S io uogduosa❑ ie5ai 41.uacuJeda❑ 5uwue`d 9803D Jo J�t� .V. SLISIHX3 EXHIBIT 'BA City of Ocoee ;P1a-nnrng Department' Silvestri Prairie- Lakes Rezoning located approximately 1,280 feet north of the intersection of Hackney Prairie Road • and Clarke Road (9.26 acres) ,. S- . R-l-AA• • LAKE SIMS • --L-AA • LAKE .r.: .�_�. 1 ADDAH ,ti. • j� p1111r Il�11 ! ; I : iFIifI aIII rk. .---: :.17.••--t- .. :I ,o, 4 A L--• ....- 1.----t uu ® (--". . lERJAQC.- - ;' iiiiiiii LAKE 1 i. • Property 1_ :::1. - `�• MEADOW i -,.. R-1-A • 1I i . C-j -W1L7CIEY pRAfR1�- _ • y s .. ':....;::::i.:::..:;.1:::...:...'.::"..... : :7..-..::::: ..."'.:........;'.:,:.:"....1'. l'; ..:.:....'...........:..... .:?7-fi'ii.:..:..!::::::i:.::.!: .. a: - .01.1D,••••:.:-...f.'... '7.....::.• ''‘.;•;::::;:.::;.:•• ' " " .*(ISO''''." 1 .\\:•:.<5., .....,... . FORA57f_'s �. • :::•:::_:__:::.::::::::::::•;:::. .... ;' :. : ...: :-:::.. .:: PRAIRIE Requested rezoning from: C-1,Neighborhood Shopping District to: R-1A,Single Family Dwelling District Legend: Case Number. R-96-10-06 ii■ iF Subject Ocoee City Orange - Outside of 1r Property Limits County JPA North