HomeMy WebLinkAboutVI(A2) Ordinance No. 97-07, Burnden Park Rezoning, Case No. AR-95-08-04Ocoee
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F 000V
DATE:
TO:
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE"
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761-2258
(407) 656-2322
STAFF REPORT
January 15, 1997
The Honorable Mayor and City Commissioners
FROM: Abra E. Horne, Senior Planner 11K1a
THROUGH: Russell B. Wagner, AICP, Director of Planning /
SUBJECT: Burnden Park, Phase II, Rezoning (Case #AR -95-08-04)
ISSUE:
AGENDA 1-21-97
Item VI A 2
S. SCOTT VANDERVRIrr -
COMMISSIONERS
RUSTY JOHNSON
SCOTT ANDERSON
SCOTT A. GLASS
JIM GLEASON
CITY MANAGER
ELLIS SHAPIRO
Should the Mayor and City Commissioners approve the above referenced application to rezone the
subject property from A-1, Citrus Rural District (Orange County), to R -1A, Single Family Dwelling
District (Ocoee)?
BACKGROUND/ DISCUSSION:
The requested rezoning is being considered simultaneously with an annexation petition. The subject
property is located both north and south of Hackney -Prairie Road between Clarke Road and Apopka
Vineland Road. The property measures approximately 22 acres and it contains three single family
homes and two detached garages. The Future Land Use designation of the subject property is 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.
Staff has determined that the rezoning request is consistent with Ocoee's: (1) Comprehensive Plan;
(2) Future Land Use Map; (3) Land Development Code; and (4) Joint Planning Area (JPA)
Agreement with Orange County. 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 1.10; (d) Policy 1.11; (e) Objective 2; and (e) Policy 2.4 (attached).
PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION:
On January 14, 1997, the Planning and Zoning Commission held a de novo public hearing for the
requested rezoning. The Planning and Zoning Commission recommended that the Mayor and City
Commissioners approve the requested rezoning to R -1A, Single Family Dwelling District, upon
finding it to be 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.
The Honorable Mayor and City Commissioners
January 15, 1997
Page 2
STAFF RECOMMENDATION:
The Planning Department respectfully recommends that the Mayor and City Commissioners approve
the requested rezoning to R -1A, Single Family Dwelling District, by adopting Ordinance #97-07.
Attachments: Ordinance #97-07
Location Map
Future Land Use Element Goals, Objectives, and Policies
F:\CAPDFILE\STAFFR-1\CCSR-1\SRP97005.WPD
ORDINANCE NO. 97-07
CASE NO. AR -95-08-04: BURNDEN PARK, PHASE. 11
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL DISTRICT,
TO OCOEE, R -1A, SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT, ON
CERTAIN REAL PROPERTY CONTAINING .APPROXIMATELY 22 ACRES
LOCATED BOTH NORTH AND SOUTH OF HACKNEY -PRAIRIE ROAD
BETWEEN CLARKE ROAD AND APOPKA-VINELAND 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 Ocoee City Commission to rezone and establish an initial zoning classification for
said real property of Ocoee, R -1A, Single Family Residential 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 #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 which affects the future land use of the real property hereinafter
described; and
WHEREAS, pursuant to the provisions of Section 6(B) of the Joint Planning Area
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 Joint
Planning Area Agreement and determined that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan and the Joint Planning Area 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 -1A, Single Family Residential 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°Joint Planning =
Area 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 1 66.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The 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. The zoning classification, as defined in the Ocoee City Code, of the following
described parcel of land containing approximately 22 acres located within the corporate limits of
the City of Ocoee, Florida, is hereby changed from "Orange County, A-1; Citrus Rural -District," to
"R -1A, Single Family Residential 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 area of Initial
Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. 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 Joint
Planning Area Agreement.
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 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed
and rescinded.
SECTION 7. 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:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of 11997.
FOLEY & LARDNER
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED January 19, 1997
READ FIRST TIME January 21, 1997
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
C:IAHPDFI LEIANX-REZIAXIZ-NOWMBURNDEN\BP-AXIZD.ORD
Legal Description
The SW1/4 of the NW 1/4 of the SW 1/4, except the North 125 feet thereof, except the East 150 feet
thereof, and except the South 30 feet thereof, Section 3, Township 22 South, Range 28 East, Orange
County, Florida,
"01
The NW 1/4 of the SW 1/4 of the SW 1/4, except the South 60 feet thereof and except the.North 30 feet
thereof, Section 3, Township 22 South, Range 28 East, Orange County, Florida,
and
Lots 1 to 7 inclusive, LAKE HACKNEY SHORES, according to the plat thereof as recorded in Plat Book
S, Page 120, Public Records, Orange County, Florida, together with a 30 -foot strip along the North line
of said lots being the South % of a vacated street known as Hackney Prairie Road.
Exhibit "A"
(PHASE II)
Exhibit A
Burnden Park, Phase II
Rezoning Case #AR -95-08-04
Exhibit B
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City of Ocoee Planning Department
Burnden Park
Annexation and Rezoning (Case No. AR -95-08-04)
Legend:
Case Number: AR -95-08-04
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Subject Ocoee City Orange Outside of
Property Limits County JPA North
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Case Number: AR -95-08-04
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IV. GOALS, OBJECTIVES, AND POLICIES
GOAL
Goals, Objectives, and Policies are critical to the implementation of
the Comprehensive Plan and each Element. They are important policy
statements that have been carefully considered by the Local Planning
Agency and the City Commission. They represent an official statement
of public policy that will be used to manage the future development
of the City.
A goal is a statement of purpose intended to define an ultimate end
or condition. It reflects a direction of action, and is a subjective
value statement.
An objective is a specific, measurable action that can be taken toward
achieving the goal. Goals may include more that one objective. That
is, there may be more than one milestone necessary to achieve a goal.
A policy is a specific activity or program that is conducted to
achieve a goal. Policies include statements of priority for action
and/or mandates for actions that will be taken to achieve the goal or
objective.
TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEALTH, SAFETY,,GENERAL
WELFARE, AND AESTHETICS THROUGH THE PROVISION OF APPROPRIATE LAND USES
BY ESTABLISHING AN APPROPRIATE PATTERN OF LAND USE AND DIRECTING
DEVELOPMENT ACCORDINGL"Y.
Objective 1
By 1992, the development of land shall be regulated to ensure that
newly developed property and redeveloped property is compatible (
meaning, not in direct conflict with uses with regards to specific
zoning categories, density and intensity) with adjacent uses and
natural features and resources including topography, vegetation, and
soil conditions.
Policy 1.1
The City shall review, through the development review process, all
plans for development and redevelopment to ensure their compatibility
with adjacent uses.
Policy 1.2
The City shall regulate land development, through the adoption of the
land development regulations, to reduce, eliminate and/or prevent
negative impacts related to noise, traffic, light, drainage, water
quality, toxic and hazardous materials, litter, dust, visibility, and
other factors. This shall be accomplished by establishing and
45
enforcing specific environmental performance standards, consistent
with state and/or federal standards and with the City's technical
enforcement capabilities. Standards shall be based on the measurement
of the undesirable characteristics at the property line of the land
on which the generating use or activity is located and shall be based
on performance levels deemed to prevent nuisance to surrounding
properties.
Policy 1.3
The City shall mitigate impacts by using regulations related to
landscaping, setbacks, walls/fences, on-site parking, on-site traffic
flow, lighting, signs, pedestrian access, vehicular access and other
factors which will mitigate off-site impacts and enhance the health,
safety, welfare and appearance of the built environment while
providing an effective buffer between uses. Development regulations
will be updated by 1992.
Policy 1.4
The City shall allow mixed uses in the Special Strategy Areas (SSA's)
which include the Downtown Area, the Interchange Impact Areas, and
Activity Centers, and shall use strict design criteria to provide an
attractive appearance and to offset negative impacts, sprawling
development patterns and the proliferation of strip commercial
development.
Policy 1.5
The City shall require that industrial parks develop with internal
traffic circulation and buffering from adjacent roads and properties.
Policy 1.6
The City shall control strip commercial development through access
limitations by restricting commercial land uses to the intersections
of arterial and non-residential collector roads, along designated
arterial and collector roads and (3) within Planned Unit Developments.
This shall be accomplished through the land development regulations.
Policy 1.7
The land development regulations shall promote innovative development
in those cases where a public benefit can be realized and impacts can
be offset by the development, as follows:
o Utilize Planned Unit Development zoning to allow for mixed
uses and unconventional development designs in those cases
where the developer can demonstrate improved living
environments, protection of natural resources or increased
effectiveness of service delivery.
46
CPA -95-1-1
O Provide development standards that create useable open
spaces in new developments.
Policy 1..8
The City shall review and, update the..:_City's Land- Development
Regulations by 1992. These regulations shall reflect the goals,
objectives, and policies contained in this Comprehensive Plan and
shall be consistent with the Future Land Use Map;
Policy 1.9
The City shall not establish new industrial development strip zoning
along major corridors and shall review existing zoning along major
corridors in order to reduce the intensity of the industrial zoning.
Heavy industrial uses which are generally not aesthetically desirable
shall be strongly discouraged along arterial and collector streets or
shall be required to provide berms and/or opaque screening or fencing
so as to eliminate visibility of building or outside storage area from
the street. Access to industrial areas shall be attractively
landscaped and signed. Buffers shall be used as set forth in the City
of Ocoee arbor and landscape ordinance, Ordinance No. 90-14.
Policy 1.10
The City shall continue to coordinate with Orange County on all
annexation, rezoning, deannexation, developments of regional impact,
and comprehensive plan text and map and land use amendments as agreed
upon in Section 13 of the Joint Planning Area (JPA) Agreement (see
Appendix E) Although the "Cooperative Agencv of Municipal Planning"
(CAMP) Agreement was not executed, due to a lack of consensus, the
City shall continue to review of plans with the adjacent local
governments of Apopka, Winter Garden, Windermere, and Orlando:
Policy 1.11
The following density and intensity restrictions shall apply within
the land use categories established on the Future Land Use Map.
o Low Density Residential (less than 4 dwelling units per acre)
o Medium Density Residential (4 to 8 dwelling units per acre)
o High Density Residential (8 to 16 dwelling units per acre)
o Planned Unit Developments - The overall net density of these
developments shall be 8 dwelling units per acre or less.
o Commercial - FAR 0.3
o Commercial/Professional Office - FAR 0.5
o Industrial/Light - FAR 0.3
o Industrial/Heavy - FAR 0.5
o Institutional - FAR 0.3
o Conservation - FAR 0.1
o Park and Recreation - F_7kR 0.1
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CPA -95-1-1
POIicV 1.12
To adequately respond to the issue of non -conforming uses, the City
will develop non -conforming use regulations, in the revised land
development regulations. These regulations will stipulates that any
non -conforming activity must be phased out by 2001, by prohibiting the
expansion of physical facilities or their replacement, provided that
facilities may be repaired if damage results in a reduction in value
of less than fifty (50) percent of the value prior to the damage.
Policy 1.13
To facilitate increased intergovernmental coordination, the evaluation
of development impacts, the mitigation of extra jurisdictional
impacts, and the resolution of inter -jurisdictional disputes, the City
will continue to pursue interlocal agreements with Apopka, Winter
Garden, and Windermere covering: proposed territorial boundaries, land
use, transportation, and other areas of common concern. Additionally,
the City of Ocoee has implemented the Joint Planning Area (JPA)
Agreement with Orange County as of February 11, 1994.
Policy 1.14
For so long as the JPA Agreement remains in effect, the City of Ocoee
will not annex properties located within the Gotha and Clarcona Rural
Settlements in accordance with the terms of Section 5 of the JPA
Agreement (see Appendix E).
Policy 1.15
Pursuant to Section 8 of the JPA Agreement, the Ocoee Future Land Use
designations shown on the Revised Future Land Use Map (Figure 2) will
not become effective until such time as annexation occurs. Upon
annexation, no Future Land Use Map Amendment will be required since
the proposed uses of land are consistent with those shown on the JPA
Land Use Mau (see Exhibit B of Appendix E). However, Ocoee will
initiate a Comprehensive Plan Amendment to reflect the annexation at
the next cycle.
Policy 1.16
The City may assign an initial zoning, after annexation, which is
consistent with both the Future Land Use Map and the JPA Agreement and
exercise Planning authority pursuant thereto.
Policy 1.17
Future growth and development patterns in the City and, upon
annexation thereof, the JPA lands will be guided by the JPA Agreement
and JPA Land Use Map. Properties located outside of the JPA boundary
are shown on the City's FLU Map for informati-_nal and contextual
purposes only.
48
CPA -95-1-1
Objective 2
To provide adequate services and facilities to newly developed or
redeveloped property and to protect the ability of those services and
facilities to function properly. These services and facilities shall
be provided in an economically feasible manner, as outlined in the
Infrastructure Element Subelements, and shall be provided in a manner
to discourage urban sprawl.
Policy 2.1
The City shall adopt level of service standards in the respective
elements of this Plan that define adequate public services and
facilities (for levels of service standards, please see Policy 1.1 in
the Capital Improvements Element of this Comprehensive Plan).
Policy 2.2
The City shall adopt and annually revise a Capital Improvements
Program (CIP) to schedule the provision of future public services and
facilities, including the acquisition of land that will be provided
by the City. The Concurrency Management System shall be utilized to
indicate possible infrastructure deficiencies and identify target_
areas for improvements.
Policy 2.3
The City shall require development to have adequate services and
facilities available prior to or concurrent with the impacts of the
development, consistent with adopted standards. Services and
facilities include: potable water, sanitary sewer, drainage, solid
waste, roads, and parks. This policy shall be implemented through the
Concurrency Management System as defined in the Capital Improvements
Element..
Policy 2.4
By 1992, the City shall allow only land use patterns and development
that can be efficiently provided with necessary public services. This
shall be regulated through the Concurrency Management System as
described in the Capital Improvements Element of this Comprehensive
Plan.
Policv 2.5
The City shall consider requests for voluntary annexation into the
City when those lands are logical extensions of the existing City
limits, when services can be properly provided, and when proposed uses
are compatible with the City's Comprehensive Plan and the JPA
Agreement. For the purpose of this Policy, an annexation shall be
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