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Home My WebLink AboutVII (A5) First Reading Ordinance No. 99-05, Dye/Chrstiansen/Orange County Public Schools Rezoning Case No. AR-98-10-12 Agenda 12-15-98 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" I`IGfn-YOR COMMISSIONER S.SCOTT VANDERGRIFT 1` OCOee COMMISSIONERS _ CITY OF OCOEE DANNYHOWELL o .ry SCOTT ANDERSON •• 'r iti\%a 1 SO N. LAKESHORE DRIVE SCOTT A.GLASS OCOEE,(407) 65DA 6 34761-225g NANCY J.PARKER ' 3—•- �� 656-2322 J�4 '�,111 V `�� CITY MANAGER OP G00v ELLIS SHAPIRO STAFF REPORT DATE: December 10, 1998 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, AICP, Principal Planner THROUGH: Russell B. Wagner, AICP, Director of Planning SUBJECT: Ordinance#99-05: Dye/Christensen/OCPS Rezoning (Case#AR-98-10-12) ISSUE: Should the Honorable Mayor and City Commissioners adopt Ordinance #99-05 approving the above application to rezone the subject property from A-1, Citrus Rural District (Orange County) to R-IAA, Single Family Dwelling District (Ocoee)? BACKGROUND: The requested rezoning is being considered simultaneously with an annexation petition. The subject property is approximately 3,500 feet northeast of the intersection of Maguire Road and Gotha - Park Ridge Road. The 26 acre parcel is vacant. The applicant has indicated that the property will eventually become a new Orange County Public Elementary School, if the annexation is approved and rezoning are approved. The City of Ocoee will also use part of the property for a new Ocoee activity-based park. This quadrant of the Joint Planning Area abuts the Gotha Rural Settlement to the east and unincorporated Orange County to the south. Single family development in this area is dominated by half-acre and one-acre home sites. Staff anticipates that this request for rezoning will generate considerable concern amongst nearby property owners who feel that all properties in this area should be zoned for half-acre minimum lot sizes. The Westridge, Cross Creek, and Wesmere developments allow minimum lot sizes as low as 7,000 square feet. As a compromise, Staff required that the Beazer Homes applicant for the adjacent properties maintain a minimum lot size of 9,000 square feet (about 75' x 120'). Most of the surrounding County land is zoned either A-1, Citrus Rural District or RCE, Rural Country Estate District and used for single family residential purposes. One notable exception is the nearby Orange County Belmere single family subdivision on the southwest corner of Maguire Road and Roberson Road. The Belmere parcel is zoned PUD and it allows smaller single family lots, commercial, Adult Congregate Living Facilities, and multifamily uses. vd I The Honorable Mayor and City Commissioners Subject: Ordinance#99-05: Dye/Christensen/OCPS Rezoning (Case#AR-98-10-12) December 10, 1998 Page 2 DISCUSSION: The subject property is designated Low Density Residential (< 4 du/acre) on the City Future Land Use Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of R-IAA, 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-IAA; R-IA; and R-1). Since schools, parks, and other public facilities may be permitted in any zoning district, it would be appropriate to assign the same zoning classification that is approved for the adjacent Frank Vine and Parker/ Lawrence properties. 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. It has been suggested that any potential park and school site should be zoned exclusively for those purposes. Staff disagrees. Instead, the subject property should be assigned the same zoning as the adjacent Frank Vine and Parker/ Lawrence properties in case the property is reconfigured or sold. There is a possibility that Orange County Public Schools and the Beazer Homes developer may swap some properties to the advantage of both site layouts. In other words, the school and park sites could be reconfigured slightly in order to optimize their locations in relation to pedestrian and vehicular access. Similarly, the proposed subdivision may be reconfigured for a better subdivision design. Although it is unlikely that the City or School Board would abandon the park and school plans, it is still important that the zoning be consistent with adjacent Frank Vine and Parker/ Lawrence properties in order to meet our fiduciary responsibilities to the taxpayers in the unlikely event that the property is sold for development later. Based upon this analysis, 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. PLANNING AND ZONING COMMISSION RECOMMENDATION: On December 8, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the requested rezoning. A number of surrounding property owners attended the public hearing. Several property owners were concerned that the proposed rezoning to R-IAA, Single Family Dwelling District, was inappropriate for a school and park site. They stated that the property should be zoned exclusively for a school.and a park. It was explained that the City does not have such a zoning classification and that State law prohibits such zoning for schools. Staff also explained that additional public hearings would be required before final site plan approval for the school and the park site. I The Honorable Mayor and City Commissioners Subject: Ordinance#99-05: Dye/Christensen/OCPS Rezoning (Case#AR-98-10-12) December 10, 1998 Page 3 The Planning and Zoning Commission members asked about the significance of the zoning classification for a park and school site. Staff replied that the property should be zoned consistent with the adjacent Frank Vine and Parker/ Lawrence properties in case a reconfiguration or sale should become necessary (as explained above). After a brief discussion, the Planning and Zoning Commission voted unanimously to recommend that the Honorable Mayor and City Commissioners rezone the subject•property to R-1AAA, Single Family Dwelling District, rather than the requested R-1AA. STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number 99-05 to approve the requested rezoning to R-1AA, Single Family Dwelling District, and find that the application is 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. Attachments: Future Land Use Map . Zoning Map Ordinance#99-05 P:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98076.Doc The Honorable Mayor and City Commissioners Subject: Ordinance #99-05: Dye/ Christensen/ OCPS Rezoning (Case #AR-98-10-12) December 10, 1998 Page 4 r. li''' ' , '' / ',., ' -, ”/<!;;;c;r*Vgli,V,,',01kaspii,6&;:g .,;,,, ,Z."--.N.!".--,ZN''.:,,,,,;-A4',4r,. ,3!--01,5'54t' pr/Fter' -,;I, t s -- - __,__,..,..,,,,_,, „....______._ .... -41.11rIel:Yl""'"......6''''''''''.. .::,... _,_____ :,,,,,,074,,,„ ` ., S '^fly { f !s } ffi Mx ;, - f $ +4)� , '/ .xx?` 5 ,,.x' `. t 4 1 9s a t+ -b in traritatiVe, '. **.A. ' - 1;E:41roi44,504'0 P 6- a P Y �r7 ' ,�, ;ems ��, R.�a � ( ' f��._„ .. �„ �.u-'I" .-( .1 yd\".' -. . y', max;; X • +`.tfs d- � . 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City of Ocoee Future Land Use map The Honorable Mayor and City Commissioners Subject: Ordinance #99-05: Dye/ Christensen/ OCPS Rezoning (Case #AR-98,-10-12) December 10, 1998 Page 5 1 PO , t._' u jecC'' Pro ti° � q 1 { 1 • aza s pa yx ' a6 '� c r>c-a = c , , t - .*:— x....401.4. -sa ,. a .. rr I : = 17"77- C., trx m-. ate. ,. - s.�..+;�' - I City of Ocoee Zoning Map 4 4 ORDINANCE NO. 99-05 CASE NO. AR-98-10-12: DYE/CHRISTENSEN/ORANGE COUNTY PUBLIC SCHOOLS AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT, TO OCOEE R-IAA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY APPROXIMATELY 26.08 ACRES LOCATED 3,500 FEET NORTHEAST OF THE INTERSECTION OF MAGUIRE ROAD AND GOTHA - PARK RIDGE ROAD 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, R-1AA, Single Family Dwelling 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 "R-IAA, 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 26.079 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, R-IAA, 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 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 , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED DECEMBER 24, 1998 READ FIRST TIME DECEMBER 15, 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 , 1999. FOLEY& LARDNER By: City Attorney 1V3IS_DCCIWLANNINGW1ORNEVLLL DATAWM4REZIACTIVEWINEBEAZERARIFINALCRDRZDCC e "Exhibit A" The East 1/2 of the Southeast 1/4 of the Southwest 1/4 and the East 322 feet of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4(LESS the North 15 feet), Section 32,Township 22 South, Range 28 East, Orange County, Florida together with; Beg 123.92 feet South of Northeast cor of Northwest 1/4 run South 56 Deg West 783.63 feet South 71.29 feet North 56 Deg East 783.09 feet North 71.59 feet to POB, Section 05 Township 23, Range 28, Orange County, Florida Exhibit "A" • City of Ocoee, Florida Location Map - Orange County Public Schools Proposed Elementary School & Ocoee Park Site .',..111i ii;a:;;;':''';1::-Lif71:::'-':-.1,:iii7:71:i 11:1:.,::::;,::::::...?:;:::1:':i 1::ii Lit::li‘'.;'. :_, _ :::::::::-•T---_--11-11-1.-1.::--__':,_____:__.__.1_.-_Tr;____.7 ilp '� ris v„ Ott.,-4 �`� ` -`--' - --. +:2-4 4;:.-`. .. ' - - ---- _- -- - - L. L „S J .. 7 Lk-1 tr -Subject k r �j = PaYcels = •. e ? , ,,. ,. ..: ..max e.�^- G - - _' — - ..._ _.. V,;:=.4;:",:::=''.1_Lji.iY',1;1'; :-:::: - ,,,,-1--' 7.:` ',', .7 fs , ago j - `r� ..,_ - _,:, _ n= �� 1 - • -:-- - _. �_, I _ 1, . , , i%_�`' _ , Go _P .., fi . i ...,- - i-'-\/ _- '.' _--_ - _ i , i 1 1 ! i ; --- \; Legend: Wii Ocoee City Limits n Al JPA Boundary Line Lakes N Property Lines Exhibit "B"