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Home My WebLink AboutV (A4) Second Reading Ordinance No. 97-04, relating to Silvestri Investments Rezoning AGENDA I-7-97 Item V A 4 "CENTER OF GOOD LIVING - PRIDE OF WESTORANGE- /Ocoee S.SCOTT VANDERGRIFI O\ pt C COMMISSIONERS _� CITY OF OCOEE CO T ANDERON SCOl7 ANDERSON 150 N.LAKESHORE DRIVESCO T A.GLASS �F ?V OCOEE,FLORIDA 34761=258 11N GLEASON �l Jv (409)656-2322 f,P . CRY MANAGER APIR Of GOO ELLIS SHAPIRO STAFF REPORT DATE: December 11, 1996 SRP-96-040 TO: The Honorable Mayor and City Commissioners THROUGH: Russell B. Wagner, AICP, Director��orqf,Planning FROM: Abra E. Home, Senior Planner Oac 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. oL 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: Locatron Map Legal Description File:C:\CAPOFILE\STAFFR-1\CCSR-1\SRP9604o wPO 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-IA, 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 req❑asted 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 Mao 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 far any reason held invalid or unconstitutional by any court of competent junsdiction, 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. FOLEY & LARDNER By: City Attorney EXHIBIT •a' City of Ocoee Planning Deparmterrt Legal Cescncton c?SiIvesai Procerty a ort(r:or:-a.a.rn Ec.....LL I 'm br ar aEtrwvav— . CiI 1C9I . A9_=mil no..0 a C.[r1 a.CuA ID.ausage la.=las GOMM N a{G• c-h..e- ar'+.c .winrasr o.(—a.a.mr o 'Ic xa rl¢wsr ;NC-- �3,a. . -- . ..a l(Alta...a :Car Fr'.'K tax MEVr a(-.aJ..VI J 4 suricsr.al-a a It, - iW 2C7. . ,En.c r Zaan R t.. V -St.Mr1[Ytr ar.R Or Mt can•1137 CPI lac A.r atR S W V mai11. r cart—Lue r 'A9 lot a .r or`#c.,.Y V9lfN S 1( IlLn@)9Ou.bw.'. .u�. -1. R nY L cam -1 q TC1L J'r•(••Pram=a Rlr 9A t*. C a MC':a:Arajs.c :CLINGY. .a.rr Rena. ca ...vc Mr morn.fl W= •C..Rfn.a ar ir.]a FELT ,a AMC'a. 1,4 Cu1Rlr r9.rya.-.r.•.MC ar=Jania.6 14L6 M SW M Tor•AC .anc as SAC Asrvar war r-.,r-...we . +9o.r•-r... urr a a ',OM. lro.¢-.Lama:.o VSTR(r .•x Aar:Mr*al a sr .area •410.^_r.1.h.L.rul !alm :rrP r:AST. Era.4 Cr Ma.LT. 1ca.c a.,.o.n.1r=•rvur, .ara.¢„ma ulaew.NORM :AST.:ras-.ara:r 'am ar iea?U.por,OON l ,,mr ma.a: +roc w•:CUM aaa-= asr. . •:noa .c- a a +wr - to • rt..i::u c a ar amo•NIX Zr -a...1c�x:a111Vsr /AT o:an ara- lea —.. xa:i saavz Ilia CAST urc .can.a swsu u.a emu.. Lora.m a m Zr Oat...a rani u a a a al u r . -aiIP?IGV— sara...1 wr,,.y; 1 = ] _ . 1. •�s�..a ��,� .. . am_.a��=v : 1 IX -s r. - Li . EXHIBIT •s' City of Ocoee Planning De2artment Silvestri - Prairie Lakes Rezoning located approximately 1,280 feet north of the intersection of Hackney Prairie Road and Clarke Road (9.26 acres) LAKE SINS - - R-I-AA AA I LAKE � EEEP ADDAH \: 1-4 / , rAtis, _,_ -_, N.5c-:---- .2__„,. //H._ •401/=, aran am,./Lsm:d arcui \ ___ _. . -i , , i -- uE 0Ow PI'OPern I� J 4-1-A L I V a . 1 (Lo) i. CI PUD �. .. Ji I / PUD - CLil) \ , �� >ax e % \~ `\ (L3) RaRIE 11 ,/ d-I Reouestea rezoning from: C-I. Neighborhood Shopping District op: R.-IA. Single Family Dwelling District Legend: Case Number. R-96-1O-06 C ST - t Subject Ocoee City Orange Outside of Property Limits County SPA North The Orlando Sentinel Published PLgilyoo s�� -`i as Nonce OFPueue saAM m CCt Vomeoa noi.: OF PROPOSEDJ=0NIHG.M ' ORDINANCE NO.PIOB etate of ifloribaI CABS NO.R-061O LA BIISHERLPRNRIE ,p COUNTY OF ORANGE S. S. NOTICE ss esi Beet Flo'dd.St at. , Tin and sections-to n Lad OloR Cath )Ja mM+ .. y 1.IBP1 at,7:s0 p.m Cl ea Won' st Walter the OCOEE CITY': t l Before the undersigned authonly personally appeared peared coYMlssloNvnllaa Public Hear- e utesenoe Des shaman. f I00META RnslE 10 , who on oath says ISO North Lakeshore Drive, an ' that he/she is the Legal Advertising Representative of The Orlando Sentinel, a daily � a `:p sow'.M newspaper published at ORLANDO in alga DnOi�liLY GFiI�-'ORTI� ' oe4NGr County, Florida: ewEE , nW OING ' that the attached copy of advertisement, being a CT TY OF OCOFF NOT THE ZONING CLAS F1CATON • in the matter of ORDINANCE NO 97_0¢ Noon SHOPP"ING'ysiwcr•ra .- OCOEE.or* 91Qf FAIRLY . in the ORANC.F DWELLING DISTRICT ON CEP- . Court, TAIN REAL PROPERNCONTAiW4t.I' was published in said newspaper rn the issue:of_1.2/2L./94 INo9.2e ACRES_"MORE ofl LOCATED APPROXIMATELY 1,180 FEET Nattier THE INTERSEF.e. ',MO.:,OF HACKNEY PRAIRIE_ ROAD AND'CW51W ROAD.FIJW SCANT TO.'THe APPLICATION:. Anlant further says that the said Orlando Sentinel is a newspaperpublished at OWNERS; BYN PROPERTY YOWNERS, THE SUCH flE- *Rt.L ANDO in said ZONING TO BE CONSISTENT ORANGwith THE OCOEE COMPREHEK E County, Florida,Floritla ��P THEYOPMVI REVISION OF and that the said newspaper has heretofore been continuously published in THE�CIALOWm NING MP, said ORANCV County, Florida, REPEAUNG INCONSISTENT.OR- each Week Day and has been entered as second-class mail matter at the OIWNCE,/ROYOINOFFflSEV- postERACIUTY lt- i FOR AN - office in QRI ANDO in said eat Ca` esair y,:� ^ u'e es ORANCF County, Florida, raleeh My t daft for a period of one year next preceding the first publication of the attached ea they deem yry' W Any In .Wd party shad Ca MNM Mal the Gales. copy of advertisement; and enfant further says that he/she has neither paid bout set rammed rymraeslancA ' nor promised any person. firm or corporation any d' ount, rebate. ewvwnced continued theh gain) Cetno hew aumg NalNWrq and commission or refund for the purpose of securing This a rtiseme t for meta Mm«melee regarding era publication in the said newspaV r-. r a""b' r .aalod wee may appear el the rl W• meeting regarding M. pooBEC.dresuA h day 1 / peed domes may be'sod et The foregoing instrument was ackn vNe ged.hefore me this) the City Clem'.tunes.150 sorts lax- shore Drive.between the noun NBW IlF('FTaOFD 1g�c by li itlAA 'T an.and 5.Wo.mtxMyVI'g9nFt.- rev.east laseno.a.n M11'p non who is personally known to me and w a dir take an oat / who desires to appeal any dMN made during a pubic hearing rely needa the a record '•/ / b hie"nom Si Mid to ensue the ' wb.brl rapt of the pa.edi.i (SEAL) made erb.A ndiM..ae amen'and evidbased.Peale nm,s ees which the nNW- Tutassistance le oartnoate in an of Cans ace h'�m:in naW'ac..O se aware attee)e54DII. JEAN GRAFT ON.art CLEAR CITY OF OCOEE OLS191538 DEC 28.1996