Loading...
HomeMy WebLinkAboutVI (B1) Forestbrooke Subdivision: Seond Reading of Ordinance No. 2001-27, Forest Brooke Rezoning Agenda 10-02-2001 Item VI Bi "CENTER OF GOOD LIVING-PRIDE OE WEST ORANGE MAYOR•COMMISSIONER Ocoee S. SCOFF VANDERGRIFT o ,4 a CITY OF OCOEE COMMisnorvERs �� d 150 N.LAKESHORE DRIVE DANNY HOWELL SCOTOCOEE, FLORIDA 34761-2258 RUST JOHNS ON RUSTY J. PARKER g �1V (407)905-3100 NANCY J. PARKER ��OF GOO�Ni CITY MANAUER JIM GLEASON STAFF REPORT DATE: September 21, 2001 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner C-^,'�,�,1 THROUGH: Russ Wagner, AICP, Director of Planning WV SUBJECT: ForestBrooke Rezoning — Ord. #2001-27 (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 held a public hearing on September 19, 2001 to consider the ForestBrooke rezoning request. There was a limited discussion related to the proposed lot sizes. One member was concerned about 70 foot lots in an area with many trees, suggesting that larger lots might help save more trees. Other members expressed great appreciation for the Developer's desire to provide a large number of 80 to 100 foot lots and even a few lots • POW \��\1)\ � September 21, 2001 Honorable Mayor and City Commissioners Page 2 to an acre or more in the overall subdivision plan. When the discussion was finished, the Planning and Zoning Commission voted unanimously, with one abstention, to recommend approval of the ForestBrooke rezoning request to rezone 70 acres from A-1 to R-1A. STAFF RECOMMENDATION: Based on the above Staff Report and the recommendation of the Planning and Zoning Commission, 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. Attachments: Copy of Public Heanng Advertisement Location Map Ordinance#2001-27 \\Police_f re l\planning\CALEXAN DER\ALL_DATA\CAPDFILE\Staff Reports\SR2001\SR01156 CC.doc Copy of Public Hearing Advertisement Date Published Orlando Sentinel THURSDAY, SEPTEMBER 20,2001 Advertisement CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A REZONING ORDINANCE NOTICE IS HEREBY GIVEN,pun sSratutes,ant to Sections Sections 11-10 and Florida9, Ocoee Lard Development Code that o,Tuesday.October 2,1001,of 7.15 P.m. ne OCOO°EE CITY tCOMs MISS ON will hold a PUBLIC HEARING of Me City Commission Chambers. ISO North Lakeshore Drive.Ocoee, Florida,to consider on the second of trio d0 lion of the follmvirgOrcieance. CASE NO.RZ-20010201.FORESTBROOKE AN ORDINANCE OF THE THE_CITY OF OCOEE, ASSI- FICATIION FROMG OCOEE A .GENERONING ALLAG- RICULTURAL DISTRICT TO OCOEE ILIA. SINGLE FAMILY DWELLING DISTRICT ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY ZO ACRES LOCATED SOUTH OF MCCORMICK ROAD EAST OF OCOEE-APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITEO BY THE PROP. FREY OWNER FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COM- PREHENSIVE PLAN AND THE OCOEE CITY CODE PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZON- ING MAP.REPEALING INCONSISTENT OR, DINANCES.PROVIDING FOR SEVERABIIL TY:PROVIDING FOR AN EFFECTIVE DATE. If adopted,the proposed Ordinance wholy CVhange to RIB, Single Famil Of y Dwelling District. The City Com- onmoy continue Me public mission deems necessary. Any'intelrested shell be advised that In do party and places or any con- tinuation or Conlmued paonc The him:'og°and`t announced no°lfurtther no. tires regarding these movers pull be puished. Ordinnancef ma C°befin`spected at me Ocoee Planning Department. ISO North L between e hours ofh 6r0 0 a 5 m.Monduv through Friday.ex. legal hoodovseimeresfee par- ties hearappear ° ,ding¢the epropsed Ommance.nWho desires indoce any decision person ode dmr,D re- cord Public proceedings nd`mns erbatim record Dal to proceedings madeis which e clodesmetestimo- nine sip col is need evidence Upon ss which dleoh to peal needing tact the,Ciy Clerk's Contactuld the of e mmeietingRadvance of the meeting at hoursl in - JEAN GRAFTON. CITY CLERK, CITY OF OCOEE Thursday,September 20,2001 OLSL4I?5909 Sep120,2001 Location Map FORESTBROOKE REZONING The property is located on the south side of McCormick Road just east of Ocoee Apopka Road. -WMNIVE1-_, _____ : -!.--.2 , Imilmitirliffl --- Lake Apopka --- 319: ..,. . _ -. rt i.i �, ropetty „______/ a , .. o 11111011111 MI • LEGEND CITY LIMITS N CITY PROPERTY *' a \J 11.:......._ SUBJECT PROPERTY..., 40 0w — E p ir COUNTY PROPERTY 'Yc.F9 Oa- GOOD S Case No. RZ-2001-02-01 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-1A, 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 15, 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-1 A, 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-1, General Agricultural District" to "Ocoee, R-IA, 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 5-1(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 , 2001. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA JEAN GRAFTON,CITY CLERK S.SCOTT VANDERGRIFP, 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\EKINGULL ORrMoMFrORCRE.CCC 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© EnMn SHEET 2 OF 2 ORDER/ 4197-01 DATE 08-03-01 GRUSENMEYER - SCOTT & ASSOC. , INC. - LAND SURVEYO, =son c rn nNrAr DR ORLANDO F 32307 (407)-277-3232 FAX (507)-658-1435 PARADISE HEIGHTS P.B.0. PAGE 31 N.W. CORNER. N.W. 1/<_ --_-7\ SECTION 32-21-2e 47 N 69'20'29 W (F) 1 N 89.49'30- W (0) 2640.II' (F) _ I320.a0' (0) Hr. McCORMICK ROAD NE. CORNER. N.W. I/s ! N s921.48 w (F) N_ LINE, S.W I/4, N W. I/4 SECTION 32-21-28 I _ i u21.48' (� ,/ / �� SECTION J2-21-28 o i / -21 -- • J N 87.35'O3' W (F) I 0 1 1321.98' (F) o APPARENT 30' EOF R/w NOT PLATED NOT PLATTED N NOT LESSED OUT IN r, DESCRIPTION O W z 3 3V 3V O I$.W I/4, N.W, I/4 �� III off' SECTION 32-21-28 a u 1 z z i„ THE OAKS AT PARADISE Z 75 I" CENTER SECTION P.B. I6. RAGE 74 /; CENTER 269 83' (F) \ I 1 I._ 5. LINE.SECTION Jb211-281/4 1\ I �l W. I/< CORNER / _ 1322.91' (F) -/� SECTION J2-11-2fi\ N.E CORNER / 1 1 ' / 1 N.W. 1/4. S.W. 1/4 ` / SECTION 32-21-28 n r5 ES [LE ` O NEST OEAN'JE NEk DRIAL PARR O 3� 3o N. 3/4, N.W. I/<, S.W. 1/< AN.ry P.d, V PAGE 02 SECTION 32-2T-2e �^ - N>T PUTTED o L6 7 LS, z�_ o o- p z SUBJECT SITE INCLUDING o IR v, N ea z0'z l' E (F) D2J 9L' (F) a 30' R/W STRIP °i 72]L' ACRES OR 3.1 67,24E3 50. Ft 2 z, 5 89"4900 E (0) ) SUBJECT SITE LESS 3 .320.00' (D) 30' R/W STRIP I� M- 71807 ACRES OR 3,12I,599d 50. ET 0 .W I S. S.W. 1/4 ;3C i .1 LL S. LINE,SEC N. TION 3 N2-2i ze G Li_ NOT PUTTED _,�1oow 1 -51 o n a o^ �_ N 8T43 43 E Cr) J n • 1 RR i32<.53' (F) NOT PLATTED _� /\ oI vs S.E. CORNER. S.W. PO C. 8 z 1?) e 5 65'n'3> w LE) SECTION R-n-. S.W. CORNER 1�— 265j p8 (`) SHEET 1 OF 2 SECTION 3z-v-ze-��._ GRUSENMEYER - SCOTT & ASSOC., INC. - LAND SURVEYOI LEGEND 5400 E. COLONIAL DR. ORLANDO, FL. 32807 (C407)-277E 3232 FMAUTHORI2A➢0N 6-58-14366 36 NORM Nafs: c s. - 9EST 0c_ I. THE UNDERSIGNED DOES HEREBY CERTIFY I14T THIS 5KETCH MEETS THE MIN'.MUM IE w4:C4L Csr FEOC.-POINT Of BOUMNINO xl STANDARDS 5EI PORTS BY THE FLORIDA BOARO Of PROFESSIONAL LAND SUPflORS IN CHIPTCI S. . 50 P. T..=POINT OF TE MJNATO 1617-6 FLORIDA ALmNISTRA➢TE CODE PURSUANT TO SECTIONT 72.027 FLORIDA STATUTES. N S.W. - SOVTEAST RCP_PEINFO CI ICONIC S EMeOL PURPOSES IRWY O S.E. • SORrovES RCP-Ro TOOF y YOrvc PIPE 2. IN UNLESS 1IBOSSPO POS SUONLYOR'S SEAL iS15 SFCICH IS N VALID AND IS PRESENTED FOR T pR wEST RIO- OF WAY N N.E. - NORTHEAST R_C=PECOVEREO 3. 1 !5 SKETCH WAS PREPARED FROM BRE INiORUAHON FURNISHED TO THE$VFHY.:.> MCP. NYO PB. PLAT BOOM SETNSCN /1596WY BE OTHER RESIRICPONS OR EASEMENTS THAT AFFECT THIS PROPERTY. ES CLECTRJC B SE-SON 4. NO UNDERGROUND ImPROVCMENTS HAVE BEEN LOCATED UNLESS OTHERw5E4 OW4. EB-CLCE Or BOY SET IR=1/]' IR %L B. /<596 ELEV_E tvA ON TB_ELEPHGNE BOX 5. IHIs SKETCH IS PREPA4C0 FOR THE SOLE BENEFIT Of THOSE CER➢LAID TO AND SHOULD NOT E CP-COGE OF PAVEMENT w _wOoOO FENCE FRIED ON BY ANY OTHER ENTIT FN•EIa :SHED T M-WOO SP 6. DIMENSIONS SHOWN FOR THE LOUnON OP IUPROVEMENTS HEREON SUOULD NOT ES USED TO F.F.E.Tln':SrEO FLOOR ELEVATION C55 POINT E-FIEL w-iw �LAC/B WAIL RECONSTRUCT BOUNDARY AR LINES. CA=GU•..ANCHOR .W fR VALVE 7 gEARIxGS, IF SHOWN. A4C BISLO ASSVM(D WNu AND ON THE LINE SHO ANY AS BASE EC/RIxC �ON P TB. ARCCUL NOTHORAR BENCHMARK IR-IRON ROO rRW=TRWSFORHEF B. $[IRON k DESCRIPTION BASED ON $VFVEI BY THIS FIRM DATED 01-24-01 (OROCx)AEI-OI ) 1P-LICH PPO L ENGIN 9. NEEI I OF 2 - SEE SHEET 2 OF 2 FOR LEGAL OESCRIPPON VA-WAT POLE C B. - CHORD BEARING MW HOLE - OELU L� - ORD M Oa CERTIFIED 9r: /�/ ("—J L 1 /iT/. DATE NHO.wE AND 046 Z1-1 08-03-01 <T9 P/P40KRHUo LINE OI9 w TOM X GRUSENMEYER. RL.S. OPo ER Pouf JRMES W SCOII. RLS / ae01 LIE NTH:Ep" ESveu I — �- _....-..,r r. orcr PTPTVIN POP/CERTIFIED TO: HEEWIN REAL PROPERTY CO. —