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Home My WebLink AboutVII (A3) First Reading of Ordinance - Ingram Heidrich Agenda 6-02-2004 Center of Good LiItem VII A3 e ,,,..—�.,. _ v Mayor �b 7b� Commissioners S. Scott Vandergrift "_ orol Danny Howell, District 1 Scott Anderson, District 2 Acting City Manager COj > Rusty Johnson, District 3 V. Eugene Williford = Nancy J. Parker, District 4 STAFF REPORT To: The Mayor&City Commissioners From: Terry L. James, AICP ,4 Principal Planner Through: Russ Wagner, AICP Community Development Director 4, Date: May 20, 2004 Subject: Ingram-Heidrich Rezoning 5824 Ingram Road Applicant: Centex Homes Case#: RZ-04-03-17 Rezoning Ordinance 2004-10 ISSUE: Should the Mayor& City Commissioners approve the rezoning of the above referenced property? BACKGROUND: Parcel Identification Number: 05-22-28-0000-00-013 Property Size: 20.482 +1-acres General Location: The property is located at 5824 Ingram Road and bordered on the west by the Forest Lake Golf Course. The property is also west and northwest of the intersection of Ingram Road and Clarcona-Ocoee Road. Actual land use, proposed land use, unique features, and plan consistency of the subject property: The property has been used as a horse training area with a barn; there are no other unique features on the property. The property is designated as Low Density Residential on the Ocoee Comprehensive Plan's Future Land Use Map (FLUM) and the Joint Planning Area (JPA) Land Use Map. The applicant's proposed use is for a single-family residential subdivision. The requested rezoning to R-1-AA Single Family Dwelling is consistent with the FLUM and the JPA Land Use Map designations. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905-3100 •fax: (407) 656-8504 •www.ci.ocoee.fl.us Ingram-Heidrich Rezoning RZ-04-03-1 7 Page 2 of 4 The future land use & requested initial zoning classification of the subiect property: CURRENT PROPOSED Jurisdiction/Future Land Use City of Ocoee/Low Density Residential City of Ocoee/Low Density Residential Classification Jurisdiction/Zoning City of Ocoee/R-1-AAA: Single Family City of Ocoee/R-1-AAA: Single Family Classification Dwelling Dwelling The current future land use and zoning classifications of the surrounding properties: DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING North City of Ocoee/Low Density Residential Orange Cnty/A-1: Citrus Rural &City of Ocoee/R- 1-AA: Single Family Dwelling East City of Ocoee/Low Density Residential Orange Cnty/A-1: Citrus Rural &City of Ocoee/R- 1-AA: Single Family Dwelling South City of Ocoee/Low Density Residential Orange Cnty/A-1: Citrus Rural West City of Ocoee/Recreation&Open Space City of Ocoee/City Parks DISCUSSION: The applicant has petitioned the City to rezone the property from R-1-AAA: Single Family Dwelling to R-1-AA: Single Family Dwelling. Both of these zoning classifications are for single- family dwellings; however, there are differences in the criteria for the two classifications: CLASS: CRITERIA: Min.Lot Min. Min.Side Min. Min. Max. Max. Max. Min. Size Front Setback Rear Lot Building Impervious Building Living Setback Setback Width Coverage Surface Height Area R-1-AA 9,000 sf 25 ft 7.5 ft 30 ft 75 ft 35% 50% 35 ft 1,400 sf R-1-AAA 10,000 sf 30 ft 7.5 ft 35 ft 85 ft 35% 50% 35 ft 1,600 sf Requested rezoning is consistent the Ocoee Future Land Use Map and the Joint Planning Area Land Use Map. The rezoning is also consistent and compatible with the City's surrounding zoning classifications. Subdivisions within the City to the east and northeast are R-1-AA while subdivisions further north on Ingram Road and to the west are R-1-A. When the subject property was zoned R-1-AAA, the Mayor& City Commissioners intent was to bring larger and more expensive homes to increase the tax base for the City. However, since this initial zoning, land values have increased dramatically and, as a result, these larger and more expensive homes are now being built on smaller size lots. With the smaller lot size, more homes can be built in a smaller area increasing tax base over the previous larger lot zoning. Additionally, the added number of lots should not appreciably affect the character of the development in this area. It will also permit the City to negotiate with the developer to ensure the paving of Ingram Road along the front of the property to Clarcona-Ocoee Road. Ingram-Heidrich Rezoning RZ-0403-17 Page 3 of 4 PLANNING &ZONING COMMISSION: On May 11, 2004, the Planning & Zoning Commission held a public hearing concerning the subject property. Staff was questioned after their presentation and clarified the following issues: • The unincorporated area northeast is an Orange County enclave that was created prior to this requested action; • Clarcona-Ocoee Road is scheduled to be 4 laned in 2007 and the dangerous intersection at Ingram & Clarcona-Ocoee Roads is being realigned since it is considered a dangerous intersection with a blind curve and the West Orange Trail crossing; and • Ingram Road in front of this development will have to be improved to meet City road standards and compliment the developer-funded roadway improvements to the north of this project; • The Orange County Public Schools have already purchased a site for a middle school on the west side of Ingram north of this project and are searching for an elementary school site in the area; and • The amenities for this subdivision will be adequate since Staff is anticipating higher end homes on this site. The P&Z Commission then opened the public hearing for comments. The Charles Madden of Madden Engineering, the representative for Centex Homes (the applicant) spoke on behalf of the project. He indicated the rezoning from R-1-AAA to R-1-AA would allow an additional 7 to 8 homes in the subdivision for a total of 55 homes. The square footage of these homes would be 1,900 square feet and the price would be approximately $250,000. He indicated that during the preliminary site plan review and negotiations, he would work with Staff to resolve issues such as improvements to Ingram Road, providing a temporary fix for the intersection at Ingram and Clarcona-Ocoee Roads, and resolve any issues with buffering between the project and the West Orange Trail west of the site. Mary Grier of 5811 Ingram Road (from the unincorporated enclave northeast across Ingram) spoke expressing her concerns over the project. She indicated that homes in this enclave were 2,000 square feet and did not feel this development was compatible with the lifestyle in the neighborhood to the east. Additionally, she also expressed her concern over increased traffic, speeding along Ingram and Clarcona-Ocoee Roads, and the dangerous that intersection particularly when considering the West Orange Trail crossing there. Staff reiterated the roadway improvements are scheduled for 2007 and at that time this intersection would be realigned to improve safety. Staff also indicated that due to the increase in development in that area, these roadway improvements might come faster than the current schedule. Since there were no other oral or written comments for the public hearing, the hearing was closed. After some additional, minor clarifications and questions, the Planning & Zoning Commission, recommended approval of the rezoning for the subject property from R-1-AAA: Single Family Dwelling to R-1-AA: Single Family Dwelling. Ingram-Heidrich Rezoning RZ-04-03-17 Page 4 of 4 STAFF RECOMMENDATION: Based on the P&Z Commission recommendation, Staff recommends that the Mayor & City Commissioners adopt Ordinance 2004-10 to approve the rezoning of the subject parcel located at 5824 Ingram Road from R-1-AAA: Single Family Dwelling to R-1-AA: Single Family Dwelling. Attachments: Location Map Future Land Use Map Zoning Map Rezoning Ordinance 2004-10 File:O:\Staff Reports\2004\SR04037 CC.doc Ingram-Hiedrich Location Map UNNAMED STREET 11 • LAKE SIMS g �o v Ocoe Road MIPIP -opi 0 Clarcona 1 ,110 i Ili I [ n u Eiratl . n 147E__:_____,•)--‘ i AKE MEADS n - 0 'AY - _ — MA ADAM Ingram-Heidrich Surrounding Future Land Use Map 0 .. . . .:_ • . LAKE SIMS Ocoee Community Development •o Department ••• 1 inch equals 493 feet •• ll •o 0 125 250 375 500 • Feet • Printed: April 2004 • • ,• I. Subject Property REC Unincorporated Territory MO "'' and Other Municipalties .4111 J4111111,Pr Low Density Residential Medium Density Residential IIIII High Density Residential IMO Professional Offices and Services LDR MI Commercial 00 a INLight Industrial .44141 1111 Heavy Industrial Conservation/Floodplains Recreation and Open Space MI Public Facilities/Institutional Road Right-of-Way 0GDee - • Lakes and Water Bodies arconaLnrin----Aledifill • ' 'I' ••••••701.1.1— 00\I -- ---. . '11111111lid/ ♦ I .11 ♦dilill I II I /I111Ifi i , MIME Ingram-Heidrich Rezoning Surrounding Zoning Map LAKE Sr 0 iOcoee Community Development IIM..■mom.--__ Department .�.■�■.•ii111��.11�......momm.- 1 inch equals 416.666667 feet 11111111111111111•u.■.■....►.I ■iiiiimii 0 125 250 375 500 ■111. 1.._.. ":::: Feet i111111i■■iiill '111111) Printed: May 2004 ""'-'It , ' A-1 • mem .i imosimmo D Subject Property i:ii••iii Unincorporated Territory ""••••• ""• "'and Other Munici alties .... ii iZoning Classification: 1111■111 General Agricultural (A-1) - ` `.==°='•••••••• Suburban (A-2) x'11! 111"111 Single-Family Dwelling (R-1AAA) i 41 l Single-Family Dwelling (R-1AA) 111111 Single-Family Dwelling (R-1A) �:=11` Single-Family Dwelling (R-1) itt One- & Two-Family Dwelling (R-2) �; 1111 Multiple-Family Dwelling (R-3) � m.•� m.. i. •• lenr- 11111 Mobile Home Subdivision (RT-1) — ��■��."■r E.- N • i"'os•...'- -IA '••' Professional Offices & Services (P-S) -�.+••••r� I��■�.. Nom.■_=._----! Neighborhood Shopping (C-1) — ��■ i. �-..��■..••■• ■■■••■=.■ws. 111+... Community Commercial (C-2) ammmma'mmmommommis' "•��mmdmom•�mau''_mo•••��"m••- ■General Commercial (C-3) •:••�� •�il �EMEM■•MEMEMM O%d■Mp��.= , _ Restricted Manufacturing ' '• �..�i...�m�.n� - ;{ 11.1 g ( ) r''" �'r 11111■ iiiiiIiiIIL�I[I" &Warehousin I-1 �a i=••■■••IIIIIIIIIIIIIIIM■■ioIIIIIIr �•L•I�■■■rIrl R-1 AA ■General Industrial (1-2) ��i� _.._. ' ' _ InV �..� 1� 11. _ ,, _,1 __ — ■111111■111_!'1__ Commercial (PUD) ��+..�...••� --��'•' a .� Low Density (PUD) -.id I N�Mal ii. I 11111111111111111iiiiii i , Medium Density (PUD) �1 ■ I Mill ilink' High Density (PUD) 1 II iilaii�'111ru■:`1Elai .ur;r-• ////Unclassified I I � , ' '■'1111 I1 111111 Lakes and Water Bodies ORDINANCE NO. 2004-10 TAX PARCEL ID #: 05-22-28-0000-00-013 CASE NO. RZ-04-03-17: Ingram-Heidrich Rezoning AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-1AAA, SINGLE FAMILY DWELLING DISTRICT, TO OCOEE R-1AA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.482 ACRES LOCATED AT THE NORTHWEST CORNER OF THE CLARCONA OCOEE ROAD AND INGRAM ROAD INTERSECTION 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 of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 20.482 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee R-1AAA, Single Family Dwelling District, to Ocoee R-1AA, Single-Family Dwelling District; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said Rezoning 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 #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, on May 11, 2004 the Planning and Zoning Commission 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 recommended to the Ocoee City ORDINANCE NO.2004-10 Commission that the zoning classification of said real property be rezoned 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, on June 15, 2004 the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning 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. 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 Property described in Exhibit "A" containing approximately 20.482 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-1AAA, Single Family Dwelling District, To Ocoee R-1AA, Single Family Dwelling District. A map of said land herein described which clearly shows the area of Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby fmds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. 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 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 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. ORDINANCE NO.2004-10 2 PASSED AND ADOPTED this day of , 2004. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004. READ SECOND TIME AND ADOPTED , 2004. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY This day of , 2004. FOLEY & LARDNER LLP By: City Attorney ORDINANCE NO.2004-10 3 EXHIBIT "A" LEGAL DESCRIPTION (as provided by client ): PARCEL 1 ALL THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTHWEST OF THE SOUTHWEST RIGHT OF WAY LINE OF INGRAM ROAD. SUBJECT TO THE RIGHT OF WAY OF CLARCONA-OCOEE ROAD. LESS AND EXCEPT: PARCEL 2 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN N 86°57'17" W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 693.25 FEET TO THE FORMER NORTHERLY RIGHT-OF-WAY LINE OF THE ABANDONED CSX TRANSPORTATION RAILROAD CORRIDOR (AS DEPICTED ON RIGHT-OF-WAY AND TRACK MAP SECTION V.12 FLA, SHEET 5); THENCE RUN N 73°31'29" E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 703.26 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INGRAM ROAD (60 FOOT RIGHT-OF-WAY); THENCE RUN S 46°24'38" E ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE 37.60 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S 02°32'39" W ALONG SAID EAST LINE, A DISTANCE OF 210.56 FEET TO THE POINT OF BEGINNING. SUBJECT TO THE RIGHT-OF-WAY OF CLARCONA-OCOEE ROAD. LESS AND EXCEPT PARCEL 3 A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE S ORDINANCE NO.2004-10 4 02°33'12" E ALONG THE EAST LINE OF SAID SECTION 5, A DISTANCE OF 1366.74 FEET; THENCE N 86°57'33" W ALONG THE SOUTH LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 5, A DISTANCE OF 1319.0 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 5, SAID INTERSECTION BEING THE POINT OF BEGINNING; THENCE N 02°01'34" E ALONG SAID WEST LINE, A DISTANCE OF 445.00 FEET; THENCE S 87°58'26" E, A DISTANCE OF 50.0 FEET; THENCE S 02°01'34" W, A DISTANCE OF 358.4 FEET; THENCE S 42°27'59" E,A DISTANCE OF 53.5 FEET; THENCE S 86°57'33" E, A DISTANCE OF 680.1 FEET; THENCE S 73°31'29" W, A DISTANCE OF 149.7 FEET TO A POINT ON THE SAID SOUTH LINE; THENCE N 86°57'33" W ALONG SAID SOUTH LINE, A DISTANCE OF 625.6 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT PARCEL 4 A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING SOUTHWEST OF THE SOUTHWEST RIGHT-OF-WAY LINE OF INGRAM ROAD AND WEST OF WEST RIGHT-OF-WAY LINE OF CLARCONA-OCOEE ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE RUN SOUTH 02°35'53" WEST, A DISTANCE OF 1152.28 FEET; THENCE RUN NORTH 46°23'58"WEST, A DISTANCE OF 53.81 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 73°31'29" WEST, A DISTANCE OF 88.16 FEET TO THE POINT ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1701.20 FEET, A CENTRAL ANGLE OF 01°19'56", AN ARC LENGTH OF 39.56 FEET, AND A CHORD BEARING OF NORTH 59901'21" EAST TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 466.00 FEET, A CENTRAL ANGLE OF 17°01'17", AND ARC LENGTH OF 138.43 FEET, AND A CHORD BEARING OF NORTH 32°35'57" WEST; THENCE RUN NORTH 48°53'24" EAST, A DISTANCE OF 5.41 FEET; THENCE RUN SOUTH 46°23'58" EAST, A DISTANCE OF 166.91 FEET TO THE POINT OF BEGINNING. CONTAINS 20.482 ACRES MORE OR LESS. ORDINANCE NO.2004-10 5 EXHIBIT "B" Ingram-Hiedrich Location Map LAKE SIMS . , •la AM infiA#111 MIME rFITE [ .._,_ 1 1 n I P _ 1-- t4KE,MEADOW U71.1 n r Mr Ali: ,__1 ORDINANCE NO.2004-10 6