HomeMy WebLinkAboutV (A1C) Second Reading of Ordinances: Burnden Park Annexation (Phase II), Case No. AR-95-08-04; Ordinance No. 97-07, Rezoning Burnden Park, Phase II AGENDA 2-04-97
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Ocoee
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O- CITY OF OCOEF�� CL ;:.COY ANIO COMMISSIONERS
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Of G000 LUIS SHAPIRO
STAFF REPORT
DATE: January 15, 1997
TO: The Honorable Mayor and City CC"o`m'missioners
FROM: Abra E. Horne, Senior Planner Ouirc ^I,,
THROUGH: Russell B. Wagner, AICP, Director of Planning I—/
SUBJECT: Bumden Park, Phase II, Rezoning (Case#AR-95-08-04)
ISSUE:
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-IA, 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 Hororable 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 OrdTh rigs 117-,^.v
•
Attachments: Ordinance#97-07
Location Map
Future Land Use Element Goals.Objectives,and Policies
F:\CAPDFILE]STAFFR-t\CCSR-1 SRP9WOO5 WPO
ORDINANCE NO. 97-07
CASE NO. AR-95-08-04: BURNDEN PARK, PHASE II
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-IA. 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, an 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(8) 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 reviews::,5
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 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 Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII or the Constitution of the State of Fonda. 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, Ronda, is hereby changed from "Orange County, A-1, Citrus Rural District," to
"R-IA, 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 Articte 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: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift. Mayor
(SEAL)
ADVERTISED January 19, 1997
READ FIRST TIME January 21. 1997
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
C^AHPCFILEANX-RE`AXIZ-NCWBURNCEN\DP-AXIZDARD
J,eral Descriotio4
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 23 East, Orange
County. Florida.
and
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. Range2_3 East. Orange County. Florida
and
Lots 1 to 7 inclusive.LAKE HACKNEY SHORES.according to the plat thereof as recorded in flat 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
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Subject
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Property —
A. D. Mims Road
Burnden Park, Phase II
Rezoning Case #AR-95-08-04
Exhibit B
City of Ocoee Planning Department
Burnden Park
Annexation and Rezoning (Case No. AR-95-08-04)
.imaniis uem
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Legend: Case Number: AR-95-08-04
L. � o � - -_ t
Subject Ocoee City Orange Outside of
Property Limits County JPA North
C WHPDFILEWNX-REZWXIZ-NOWNBURNDEMBURN-G2.FRM
N- GOALS, OBJECTIVES, AND POLICIES
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
cf
of Pu lic policy that will be used to manage the future development
thy.
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.
GOAL
TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEar TE, SAFETY, GENERAL
WELFARE, AND AESTHETICS THROUGH THE PROVISION OF APPROPRIATE LAND USES
BY ESTABLISHING AN APPROPRIATE PATTERN OF LAND USE AND DIRECTING
DEVELOPMENT ACCORDINGLY. DIRECTING
Cb-Prt:.Je
22y 1392, the deve'_opme-^-c of :and shalt' be
newly developed Property and ropertt=_d to ensure that
redeveloped property- r compatible
meaning, not in direct coo•-. . --_ _ _
categories, and ante uses witht regards to ses -: _
_.,ping density intensity) wiara; adjacent et 1525
natural features and resources and
soil including topography, T2C2tatipn, and
conditions.
-
-==' 1. -
The City shall review, ` rough the deve
lopment to ensut T process, a'__
plansfor development us meat and through
to ensure their compatibility
with adjacent uses . - ,
Policy 1. 2
The City shall regulate land development, through the adoption of the
.and development regulations, to reduce,
negative impacts related totraffic,__zm_nac aninar prwvter
noise, light, drainage, water
d'ad•__y, toxic and hazardous materials, litter, dust,other factors . This shall visibility, and
- _. be accomplished by establishing nC 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 neca ive 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 bllff==---ic from adjacent roads and properties.
Policy 1. 6'
The City shall control strip comme^-- =1 ^evelcpmenr through access
limitations by restricting come 'and uses to :re intersections
of arterial and non-residen--a' roads, along designated
a r_al and co a^ -r roads and (3) wtthin Planned Unit Developments.
This shall be accomplished through the land development reaulacons .
Policy 1. .
The land development reclllations shall promote innovative development
in those cases where a public benefit can be realized and impacts can
be offset by the development, as follows :
c Ut ' + ',e planned Unit Development zoning to allow for mixed
uses and unconventional development designs in those cases
where the developer can demctstrate improved living
environments, protection of natural resources or increased
e,===c"'veness of service delivery.
46
Provide development standards chat create useable open
spaces :n new developments.
Policy 1 . 8
The City shall review and update the City' s
Regulations by 1992. These regulations shall Land Development
objectives, and policies contained ireflect the goals,
shall be consistent wish the c, n thisU Comprehensive Plan and
Future Land Use Man.
Policy _ 9
The City shall not establish new industrial development strip zoning
along major corridors and shall review existing zoning along major
^^"-=dons in order to reduce the intensity of the industrial zoning.
Heave industrial uses which are generally not aesthetically desirable
shall he strongly discouraged along arterial and collector streets or
shall be required to. Provide berms and/or opaque screening cr fencing
Sc 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 stall continue
_ to coordinate with Orangeall
annexation. rezoning, deannexac- crCounty on
developmentsof regional impact .
and comprehensive plan text
and map and land use amendments as ac_=_mod
pin in Section Joint- of the Planning Area O?41 acreemenc see
Appendix , .Although z- "Cooperative „cencv of Municipalp,, CAMP Agr_ement was 3s th^
not olio^'�-�^, due - of _
City shall continue -p d laic d consensus , the to review of plans with the
governments of Apopica, Winter Garden, Windermer ad adjacent local
Orlando.
=- . '^w`ng density and intensity restrictions
the _ e5�r> .nS shall apply
.0 use categoriesest
ablished on � wl- •-
the _ _[... Land Use Map.
o Low Dens___ Residential (less than
o Medium Density Residential edwe___ag units per re ep 3 well___g units per creel
Rich Density Revilement Anth :6 dwelling unitsper acre)
P density
Planned Unit Developments - The overall net dens of these
developments shall be 3 dwelling units per acre
or Commercial - FAR 0.3 less.
o Commercial/Professional Office - FAR 0. 5
o :n dust_ial/Light - FAR 0.3
o =ndustrcal/Heave - TAR 0.5
p -zst' -.._.^rat - FAR 0.3
conservation - FAR 0.:
Park and Recreatnc kLa 3 .1
47
Po. Cv 1. 12
To adequately respond to the issue of non-conforming use. , Ci_Ly
will develop non-conforming use regulations, in the revs -7d lead
development regulations . These regulations will st pc1
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
cf less Chan fifty (50) percent of the value prior to the damage.
Policy _
. 13
To facilitate increased intergovernmental coordination, the , va.l_ue.tjce..
of development impacts, the mitigation of extra jurisdictional
impacts, and the resolution of inter-jurisdictional disputes, the City
will continue to pursue int=_rlocal acreements with Apopka, Winter
Garden, and Windermere covering: proposed territorial boundaries, land
use, transportation, and ocher 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 .
?ol_Cv : . , 4
For so Long as the JPA Agreement remains in e,'=e^_, the City of Ocoee
will not annex trope_-_es located within the
Gotha and C_a_rona Rural
Settlements accordance 'with the terms of Section 5 of the JPA
Agreement (see Appendix S) .
Policy 1 . 13
Pursuant to Section 9 of the SPA Agreement, the Ocoee Future La
nd and Use
designations shown on the Revised Future Land Use Map r ^ ".✓_ -
__
nor become =`==^rive until such as annexation occurs . Upon
annexation, no Future Land Use Man amendment will be r=auired since
the proposed uses of '_and are consistent with those shown on the JPA
Land Use Map i see Exhibit 3 cf AppendixHowever, 'Ocoee
a Comprehensive Plan amendment reflect the annexation'at
the next cycle.
The City may assign an ' z --ping, after annexation, which is
consistent with both the Future Land Use Man and the JPA Agreement and
exercise Planning authority pursuant thereto.
1. 17
F_t___ growth and development patterns in the City and, upon
a^S_exat_o: J9A _ands will be guided by the JPA Agreement
Land
and JPA Use Map. =Properties located outside of te JPA boundary
art shown on the ___ ris FLLT Map for ___formational and contextual
tursoses only.
48
C P,A-95 -_
Cbjec: ve 2
To provide adequate services and `lac" + " es co newly developed or
redeveloped property and to protect the ability of those services and
fac" ' -'es to function properly. These services and facilities shall
be provided in an economically feasible manner, as outlined in the
r„r_isr^rr- ire c'emenr Subelements, and shall be provided m 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
fac" ' -' es (for levels of service standards, please see Policy 1 in
the Capital Improvements Element of this Comprehensive Plan) .
Policy 2 . 2
•
The City shall adopt and annually revise a Capital improvements
Program (CI?) to schedule the provision of future public services and
facilities, including the acutisition of land that will be provided
by the City. The Concur_ency Management System shall be utilized to
indicate possible infrastructure deficiencies and cder_ttty- urge u
areas for improvements .
Policy 2 . 3
The City shall recuire development to have edentate services and
fac' 7 ' -' es available prior co Cr concurrent with the impacts of the-
development, consistent with adopted
- standards. � Services and
potable "water, sanitary sewer, ._acnace,
solid
waste_, roads, and parks. This policy shall be implemented through the
oncurrency Management System as defined in the Capital Im
provements
3v _992 , the City sha al
low__ow only
_ _ _ -_ land use patterns
and development
that e ._ _y provide_ w_.... necessary public services . This
shall be re_gu'_ated through Concurre_ney Manacement System as
described _n the Capita: :morovemencs Element of t - 7omnrehens:tee
'Ian. __o
Policy 2 .5
The City shall consider requests for voluntary annexation into the
C' tv 'when. those lands are logical extensions f __
� a _xiattnC City
limits,
_m __s, when services can be properly provided, and when procc:sed uses
with the City' s Ctmorehens 'r: e elan and the CPA
Acreemenz. For the purpose of this Policy, an annexation snail be
49