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Home My WebLink AboutVI(A4) Ordinance No. 99-16, Devon Cove, Rezoning, Case No AR-98-12-15 Agenda 4-06-99 Item VIA 4 Agenda 3-16-99 Item VII A 4 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT COMMISSIONERS CITY OF OCOEE DANNYHOWELL O y \ SCOTT ANDERSON .. � 150 N.LAKESHORE DRIVE OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS NANCY J.PARKER v (407)656-2322 CITY MANAGER lE4 Of GpO� �` ELLIS SHAPIRO STAFF REPORT DATE: March 11, 1999 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects/Transportation Planner THROUGH: Russ Wagner, AICP, Director of Planning fl • SUBJECT: Devon Cove Rezoning t� Ordinance Number 99-16 Case Number AR-98-12-15 ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number 99-16 to rezone•the subject property from Orange County "R-1AAA" to Ocoee "R-1A"? BACKGROUND: . . The subject property is located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The 5.0 acre parcel is currently vacant. The current Orange County zoning on the property is "R-1AAA, Residential Urban District". The proposed rezoning is to Ocoee "R-1A, Single Family Dwelling District". The zoning on the surrounding adjoining property is Ocoee R-1-A to the north east and south (Forest Oaks Subdivision), and Orange County A-1 to the west. DISCUSSION: • Based upon approval of the companion Small Scale'Comprehensive Plan Amendment,. the subject property is designated Low Density Residential (< 4 du/acre) on the Ocoee Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R-1A, Single Family Dwelling District which would be consistent with the above referenced land use designations. The underlying Low Density Residential land use theoretically permits eight possible zoning classifications (A-1; A-2; RCE-1; RCE-2; R-1AAA; R-1AA;.R-IA; and R-1). The Comprehensive Plan lists several zoning districts' that are consistent with the Low Density Residential' designation, but the City may choose from the range of potential zoning classifications and select one, as appropriate. The R-1AAA, R-1AA, R-1A, and R-1 zoning classifications are the most appropriate Ocoee zoning classifications for single family subdivisions. Since the adjoining Forest Oaks Subdivision is zoned. R-IA and developed with septic tanks, it is appropriate for the applicant to request a similar development approval for the subject property. Since there are no City sewer lines in this vicinity, even with an R-IA rezoning, the subject CZ Page 2, Honorable Mayor and City Commissioners Devon Cove Rezoning property would still have to maintain 1/4 acre lot sizes in order to qualify for the use of septic tanks under public health guidelines. This would result in lots similar in size to those that the developer already has approved in Orange County. Accordingly, the requested R-1A zoning is also appropriate for the character of surrounding development in both the City and the County. Staff has determined that the requested 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 following goals, objectives, and policies of the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.15; (e) Policy 1.16; (f) Objective 2; and (e) Policy 2.4 (attached). PLANNING AND ZONING COMMISSION On March 9, 1999, the Planning and Zoning Commission held a public hearing regarding the requested rezoning. Several of the surrounding property owners attended the public hearing. Concerns raised by the property owners included drainage for the site and increased traffic volumes and speeds on Prairie Lake Boulevard. After a brief discussion and after assurances by Staff that these issues would be addressed during the subdivision review process, the Planning and Zoning Commission voted unanimously to recommend approval of the requested rezoning as recommended by Staff. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City, Commissioners adopt Ordinance Number 99-16 to rezone the Devon Cove property from Orange County "R-1AAA" Residential Urban District to Ocoee "R-1A", Single Family Dwelling District, subject to City Commission approval of the following: • Annexation of the subject property; • Annexation Agreement; • Small Scale Comprehensive Plan Amendment. Attachments: Ordinance Number 99-16 P:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR99022.doc K • ORDINANCE NO. 99-16 CASE NO. AR-98-12-15: DEVON COVE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY, "R-1AAA", RESIDENTIAL URBAN DISTRICT TO OCOEE. "R-1A", SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.0 ACRES LOCATED APPROXIMATELY 150 FEET SOUTHWEST OF THE 'INTERSECTION OF PRAIRIE LAKE BOULEVARD AND LOG RUN COURT 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, Florid 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; 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"), subject to a Comprehensive Plan Amendment adopting a Future Land Use designation of Low Density Residential; (the "Comprehensive Plan Amendment"), becoming effective; and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which has been amended from time to time, (the "JPA Agreement"); and J . WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; and K , • 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 subject to the Comprehensive Plan Amendment becoming effective 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, "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 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 5.0 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed .from Orange County, "R-1AAA" Residential Urban 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. 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, subject to the Comprehensive Plan Amendment becoming effective, 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 when the Comprehensive Plan Amendment (Case No. SSCPA 99-001) adopted as; Ordinance No. 99- 15, becomes effective. PASSED AND ADOPTED this day of , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor, (SEAL) ADVERTISED MARCH 25, 1999 READ FIRST TIME MARCH 16, 1999 • 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 , 1999. FOLEY& LARDNER • By: - City Attorney LEGAL DESCRIPTION Parcel 10-22-28-0000-00074 The West pis of the Southeast '/4 of the Northwest ' of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Parcel 10-22-28-0000-00128 The East % of the West % of the Southeast '/4 of the Northwest '/4 of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad'and Florida Central Railroad. Exhibit "A" Devon Cove :, L Surrounding Zoning Map 1x e ..„ f_,.„, r r r„. „r 1y 7k 6,„ 6T f i, ^,'J . w,,,„„ tz ' .h . '§'r tr r 5� �`�'t rx �°':� vF fe, �,CCt� +�i�`r +rt' sa,; -, �� '. aa f k 7 3, Oe,.1,Z-L'Z ',.<-2,,,' 1 •45,1 ,„ ,,,,,„..,,,, , ,`,max �. ,�+s xa xrxx r,,,,,,:,..„,,,,,., ,,,,:,,:,;,:,,,_;„, ,,„,,,-, 1::,-,:ti,r8.4,, O ti s xr x xr :0 t x . ,? fjx ,F,{`'rL Lr x':yr ,.kX { `•xe r,L+'4 r a z,p-,t, :s 7xx .4,g x eof ! 1 4 rt "L 3 y , -: xe x. xL•e}.'.r 'x r ;wv. ' sari .. "' 3} ' k ' r fit{J*74?" '*" .° ' :"x 4 r`4`rx '11 r t , LOfi RUN t. liyk,�p, p,':d i _ t^�Sk,c-f- J"'Cri•:••o s�`•R'rrr ,� zu +t N .,L 'i ` zx=_.�\ l _ x K ert ;rx �K`x e,, x 'r,. - ` ,.` t;�i aa " W` ,T Z.= -.2_, f -- xir< ' rti xi xfitie:.,�x :F.r,' jz j ,i I 3 :x r rr xx r /%.:KT,;.••,,,,,,:.;:i.N.;,;,:,,,:.:::..:::..x,x„0,;;;;;KF 'y ..-4., 1,.;,,,.„.,:,,,„,,, ji:(7,,ti: xtix � Subjec / IIIE a I' p rtYIt tte 1tin Proe •Ayj Woks 1 4-ottare r z is pp r / A D MIMS RD _ . IBms_:o.a. A D M A 7 Legend: • Ns A-1,General Agriculture EN Sub ect Proe 0 A-2,Suburban 1 P rtY 0 PUD-Low Density Residential N l/ 0 R-1AAA,Single Family Dwelling 1 `I y Ocoee-Orange County Joint Planning Area l I R-1AA,Single Family Dwelling I' l R-1A,Single Family Dwelling sr r"c 4,t R-1,Single Family Dwelling I,LK � Ocoee City Limits ® RT-1,Mobile Home Subdivision District ,21 R-2,One and Two Family Dwelling I Orange County parcels-outside Ocoee ® PUD Medium Density Residential EIS R-3, Multi Family Dwelling HIV PUD-High Density Residential /\/ Ocoee Utility Service Boundary = P-S, Professional Offices and Services I•_..I C-1,Neighborhood Shopping C-2,Community Commercial Roads ® PUD-Commercial ® C-3,General Commercial .' Lakes II,.^.I I-1, Restricted Manufacturing&Warehousing 1-2,General Industrial — The Orlando Sentinel, Thursday, March 25, 1999 CITY OF OCOEE NOTICE OF PUBLIC HEARING • TO CONSIDER ADOPTION • OF A PROPOSED ANNEXATION ORDINANCE CASE NO.AR-98-12-15:DEVON COVE NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 and 171.044,Florida Statutes,and Sections 1-10 and 5.9,Ocoee Land Development Code,that on Tues- day,April 6,1999 at 7:15 p.m.,or as soon thereafter as practical,the Ocoee City Commission will hold a Public Hearing at the City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida to consider on the second of two readings adoption of the following ordinance: • • ORDINANCE NO.99-14 AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA,CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.0 ACRES LOCATED approxi- mately 150 feet southwest of the Intersection of Prairie Lake Boulevard and Log Run Court PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS;FINDING SAID ANNEXATION TO BE CONSISTENT. WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;PROVIDING DI- RECTION TO THE CITY CLERK;PROVIDING FOR SEVERABIUTY;REPEAL- ING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE • DATE. Set forth below is a map showing the area proposed to be annexed: V v 54,14;T ,Icya f a t; i i 1 h4) lr,+ _t 1 jda 'mot? {Ye 1 .—'------•'--_..-1 77`il•r .. m F ki aT ! :.... Requested (� StBd�U.B�(5 .;• Via a L'r .---� -•-"-. ii3. ��I; ;I'7^•4c� i r85)f;c n — )-on•8'faemnit9L m. _" IfI' r;•-r _--• r Art yxji ` Li 0,0II al I �7 • ghLL i I —; 1.. F ;t. .isa 13" r �t J te.7S.174il 44 • The City Commission may continue the public hearing to other dates and times a4 they deem necessary.Any interested party shall be advised that the dates,times, and places of any continuation of this or continued public hearings shall be an- nounced during the hearing and that no further notices regarding these matters will be published. • . A copy of the•proposed Ordinance,Including a complete legal description by metes and bounds,maybe inspected at the Ocoee Planning Department,150 North Lake- - shore Drive,between the hours of 8:00 am,and 5:00 p.m.,Monday through Friday, except legal holidays.Interested parties mayappear at the meeting and be heard with respect to the proposed Ordinance.Any person who desires to appeal any de- cision made during the public hearing will need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceeding Is made which includes the testimony and evidence upon which the appeal Is'based.Per- sons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk s Office 48 hours in advance of the meeting at(407) 656-2322. • JEAN GRAFTON,CITY CLERK,CITY OF OCOEE OLS2626106 MARCH 25,APRIL 1,1999