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HomeMy WebLinkAboutVII (A1) First Reading of Ordinance 2001-27 ForestBrooker Rezoning Agenda 9-18-2001 Item VII A 1 "CENTER Of. GOOD LIIING-PRIDE 01' WEST ORANGE MAYOR•COMMISSIONER Ocoee 5_ScUl l VANDFRGRIFf 0` CITY OF OCOEE A,fy ) Q COMMISSIONERS �� DANNY IIOWELL 0 ISO N.LAKHSHORF DRIVE OCOFF, FI ORIDA 34761-2258 RUSTY r. RUSTY JOHNSON (407)905-3100 NANCY J.PARKER Eh Of GOO CnY MAN XGFR JIM GLEASON STAFF REPORT DATE: September 12, 2001 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Director of Planning p T SUBJECT: ForestBrooke Rezoning (Case No. RZ-2001-02-01) ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2001-27 to rezone 70 acres from A-1 to R-1A? BACKGROUND: The subject property is located south of McCormick Road, between Ocoee Apopka Road CR 437) and the Western Beltway (SR 419). The property surrounding the subject property has R-1-A zoning (east and west— undeveloped), Orange County A-1 zoning (south and east— mostly undeveloped) and Orange County R-1 zoning (north and west— single family homes). When this property was annexed many years ago, it was understood that the A-1 zoning would be a "holding zone" until such time in the future when services would be available to allow the property to be developed at suburban densities (up to 4 units per acre). This rezoning to R-1-A has been requested to accommodate a new subdivision of single family homes known as ForestBrooke (that PSP will be considered later on the agenda). DISCUSSION: The subject property is designated Low Density Residential (<4 du/acre) on the City Future Land Use Map and on the Joint Planning Area Map. The proposed rezoning to R-1-A is consistent with the Ocoee Future Land Use Map and the Joint Planning Area Map, as amended. Therefore, Staff has determined that the proposed rezoning is consistent with Ocoee's (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) the Joint Planning Area Agreement with Orange County; and (5) with the surrounding land uses and zoning classifications. PLANNING &ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission was scheduled to hold a public hearing on September 11, 2001 to consider the ForestBrooke rezoning request. However, due to the tragic events of that day, the meeting was cancelled. That meeting will be rescheduled as soon as possible. September 12, 2001 Honorable Mayor and City Commissioners Page 2 STAFF RECOMMENDATION: Based on the above Staff Report, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance # 2001-27, the ForestBrooke rezoning application (Case Number RZ-2001-02-01)rezoning 70 acres from A-1 to R-1-A. Attachment: Ordinance#2001-27 \tPolice_frei\planning\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\SR2001\5R01153 CC.doc ORDINANCE NO. 2001-27 CASE NO. RZ-2001-02-01: FORESTBROOKE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE A-1, GENERAL AGRICULTURAL DISTRICT, TO OCOEE R-IA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 70 ACRES LOCATED SOUTH OF MCCORMICK ROAD, EAST OF OCOEE APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE; 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"), annexed into the corporate limits of the City of Ocoee, Florida on December IS, 1992, certain real property described in Ordinance 92-48 and 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 said real property to Ocoee, R-IA, 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 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 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 Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that 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-IA, Single Family Dwelling District" as requested 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 proposed Rezoning 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. REZONING. The zoning classification, as defined in the Ocoee City Code,of the following described parcel of land containing approximately 70 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Ocoee A-I, General Agricultural District" to "Ocoee, R-I A, Single Family Dwelling District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Parcel Identification Number: 32-21-28-0000-00-010 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 CONSISTENCY. The Ocoee City Commission hereby finds the rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. 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 Rezoning 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-I(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 , 2001. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED: SEPTEMBER 20, 2001 READ FIRST TIME: SEPTEMBER 18, 2001 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 ,2001. FOLEY &LARDNER By: City Attorney O.ex.rcwu DATA,D,RATTORDRZ DOG EXHIBIT "A" DESCRIPTION AS FURNISHED: The Southwest Quarter of the Northwest Quarter and the North Three-Quarters of the Northwest Quarter of the Southwest Quarter of Section 32 , Township 21 South, Range 28 East being more particularly described as follows: Commence at the Southwest corner of said Section 32; Thence run North 00° 42 ' 30" East along the West line of the Southwest Quarter of said Section 32 , a distance of 1879.46 feet to the South line of the North Three-Quarters of the Northwest Quarter of the Southwest Quarter of said Section 32, and the Point of Beginning; Thence run South 89° 49 ' 30" East along said South line, 1320.00 feet to the East line of the Northwest Quarter of the Southwest Quarter of said Section 32; Thence run North 00° 42 ' 30" East along said East line, 990. 00 feet to the South line of the Southwest Quarter of the Northwest Quarter of said Section 32; Thence continue North 00° 42 ' 30" East along the East line of the Southwest Quarter of the Northwest Quarter of said Section 32, a distance of 1320. 00 feet to the North line of the Southwest Quarter of the Northwest Quarter of said Section 32; Thence run North 89° 49 ' 30" West along said North line 1320 .00 feet to the West line of the Northwest Quarter of said Section 32; Thence run South 00° 42 ' 30" West along said West line, 1320. 00 feet to the West Quarter corner of said Section 32; Thence continue South 00° 42 ' 30" West along the West line of the Southwest Quarter of said Section 32 , a distance of 990.00 feet to the Point of Beginning. Said land lying in Orange County, Florida and containing 70 acres, more or less. R © AMC D SHEET 2 OF 2 ORDER# 4197-01 DATE 08-03-01 GRUSENMEYER - SCOTT & ASSOC. , INC. - LAND SURVEYORS 5400 I- COLONAL OR. oRLANoo, FL. 32807 (407)-277-3232 FAX (407)-558-7435 N.W. CORNER. N.W. PARADISE HEIGHTS P.B- PAGE J 5£CTIi'Ob 32 21-23 Kv /\ N 9Ba9.3 W (0) 2640E ' (F) /. I 1320 CO' (0) n eo 3s o3- w (q 1V McCORMICK ROAD N. CORNER, N.W. 7/4 I N. LINE s.4/ 1 4, N.W a SE _ 02I48' i _ / SECTION 32-2I-28 A.- (7 .� -/_. _N se.,noN 32-21-29 1 �1 m' N b93s 3 w (F) -( 1 p 1321.48' (F) I NONUAIENTED R/VI LINE APPARENT JP FOR R/W - ' NOT PLATTED 0 NOT LESSED OJT IN NOT PLATTED 84 DESCRIPTION O 3 � Sw I/4, N.W. 7/ \1 SCION 32-21 2 w Lr 0 2^ THE OAKS AT PARADISE P.S. ITS. PAGE 74 ' ,,,-"'S DEWTER SECTION JI-2i-28 2645.83' (F) A\l 1 S. LINE, 5.W 1/4, N.W. 1/4 ( I W. I/4 CORNER �/� SECTION 32-21-29 U SECTION 32-2i-28 K /'� 1322.91' Cr) I N E CORNER / �--- 1 N.M. �/4 S.S.W. 1/4 /SECTION 32-21-29 i - C - J 3C 3E 1I N 3/9 N.W. 1/4 S.W 1/4 WEST ORANZ MiMORAAL PARK 1 b o SCCibN 32-21-29� - PSI. "Y', PAGE 137 NOT PV4TED _ z a m y U' SUBJECT SITE INCLUDING Li N 98'20'2 1' E (F) C' 30' P/N STRIP �' 1323.90' (F) w 72.71z ACRES OR J.15 7.2463 SO. R. o 5 89'49'30' E (0) 1 SUBJECT SITE LESS I 1320.00' (0) aV 30' R/W STRIP lit3 RL ]L BO± ACRES OR 3127,,5992 SO. IT. ' I 1 SECTION 32-21-28 IaS OT PLATTED ' I p mo- ,NOT —_. __ — =il • 1"2500' N 8T43'43- E (F) I a 3324s3' (F) nOI PLAITED -__--___—— F\ 2 0 0 PO C. \ I % _ - 5 85'1]'}Y M' (f) S.E. CORNER, S.W. 1/4 sIO caRNea �\__ —_----— 2657.03' (E) SHEET 1 OF 2 SECTION 32-v-23 SECTION 32-11-28 GRUSENMEYER - SCOTT & ASSOC., INC. - LAND SURVEYORS LEGEND 5400 E. COLONIAL OR. ORLANDO. FL. 32807 (407)-277-3232 FAX (407)-658-1436 = NORM NOTES. CERTIFICATE OF AUTHORIZATION — LB 4596 s OT= m0'H LEGEND ar5 ms C oOINT OF COMMENCEMENT I. THE UNDERSIGNED DOES HEREBYTHAT r . SKETCH MEETS THE WmMEM IEDHNICHA E. > EASTT PO B=PORT OF BEGINNING SET FORTH Br THE FLORIDA BOARD OP PROFESSIONAL LAND SURVEYORS INCHARTER S.w, - SOUTHWEST POT•F01M OF i_RNINA TION 61GP-6 ft PoW WITH SiWE'YOArivE CODE PL .S TO -C9 92.027 FLORIDAPRESESTATUTESNTEDNOTIS FOR NORTHWESTO pEC FECO OFRE WAYNIORMATIONAI P _ U.S. S- NORTHEAST BOOK SET NIC..-Nee.D 5 J TH' SKETCH WAS PREPAREDFROM PRE INFORMATION FURNISHED TO THE SU.RVEYOA. THERE P B. • FLAT BOOK SET SC•ndO /a596 WYBE OTHER RESTRICTIONS OR EASEMENTS THAT AFFECT THIS FRCP&ARTY. ESELECTRIC S SET SUN ELEV=ELEVA OOP SETS-IEL VI"E O/L B. /F596 4. NO UNDERGROUND MVROVEMENtS HAVE SEEN LOGTEO UNLESS OTHERWISE.SHOWN EP EDGEE'✓F iO-TEL0.0AL BOX FH FIR EµF PAVEMENT WF WODO PENCE 5 1REL SK PO IS N ANY FORE TIT SOLE BCM1'EFIi Oi THOSE CERi FlEO i0 ANJ S OJLO NOT BC �OEAN! wp.,W.L S RELIEDUPON BY ANY OTHER LOCATION FPE•RANCHO FLOOR ELEVATION WAAELWTEVC55 POINT 6. DIMENSIONS SHOWN FOR PILOCA TION OF IMPROVEMENTS HEREON SHOULD NOT SE USED 40 F-roELDOAACOY N M. TE RECONSTRUCT BOUN AR LINES. SE GA=GUY pNCTaR W✓=RATER VALVE I ANATRANSFOR Y BENCHMARK J. SKETCH S. IF SHOWN. ARC 815E0 ASSUMED JOUM ANDFION THE LINEO7-SHOWN AS BASE BEARING (DB) IR-IRO, T 2Ru4 AA:LENGTH R 1',Ho, PPC . LENGTH 9. SKETCH k DESCRIPTION BASED ON SLAVE), THIS ARM DATED 01-24-01 (ORDER BID2-01) WM=DATE POLE C.B. - DELTA BEARING TER OF 2 - SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION -SEAMETER a DELTA CERTIFIED BYr �yp( Nk0•NA/L HOLE LINE /L� DATE ORDER B 0/H•OWERHP E / R_L_5. b' ']7i`F P-PUT ___ -- - -- 4197-01 P�POA(x POLE OB-OJ-01 JAMES W. SCOTT. ft.L.S A' 480E TOM X. LRVSENMc ER. R.L.S. $ 4]I4 LIE WRHOPERu Esrnela E0/ PER YEAR R au AS SKETCH & DESCRIPTION FOR/CERTIFIED TO: KELVIN REAL PROPERTY CO. EXHIBIT "B" Location Map FORESTBROOKE REZONING The property is located on the south side of McCormick Road just east of Ocoee Apopka Road. LIMM---7,— -- muuiF -IE J Lake Apopka yi r_----i ( . , I ' Illlw�,yiiill' . c /.7��,, , ro ,arty_:'� i Q , LEGEND N CITY LIMITS N _ ,( � CITY PROPERTY . o A6 ' a . SUBJECT PROPERTY W �� E COUNTY PROPERTY FA Or coo9 C Case No. RZ-2001-02-01