HomeMy WebLinkAboutItem 16 First Reading of Ordinance for Covington Oaks – Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling); Project No: RZ-22-07-39Meeting Date: September 20, 2022
Item #
Reviewed By:
Contact Name: Anoch Whitfield, Zoning ��)Department Director: Micha
Contact Number: Ext. 1016 City Manager: Robert Frank
Background Summary:
The applicant is Zachary Decker, and the property owner is Covington Holdings, LLC. The subject property
is located on the north side of A. D. Mims Road, approximately 1,637.5 feet west of North Apopka Vineland
Road. The property is approximately 9.94 acres in size and is currently a wooded unimproved parcel. The
property is currently designated Low Density Residential (LDR) on the Future Land Use Map, which allows
density at up to 4 dwelling units per acre. The table below lists the jurisdiction, future land use designations,
existing land uses, and zoning classifications of the surrounding parcels:
DIRECTION:
JPA FUTURE LAND USE
EXISTING LAND USE / ZONING
North
Low Density Residential
Single-family residential / A-1
East
Low Density Residential
Single-family residential / R-1A
South
Count / Low Density Residential
Single-family residential / A-1
West
Low Density Residential
Single-family residential / R-1A
The subject property consists of 9.94 acres. Under the existing Low Density Residential (LDR) future land use
designation, the property could be developed with 39 dwelling units. The intent of the A-1 zoning district is to
provide areas primarily for agricultural uses, and residential development in the A-1 zoning requires a minimum
of 1-acre lots. Therefore, development of this property under the existing A-1 zoning would be inconsistent
with the intent of the LDR future land use designation and incompatible with the surrounding single-family
residential neighborhood character. Thus, the applicant is requesting to rezone to R-1A, which is the same
zoning district as the neighborhoods to the west and east.
The property is serviceable by central water, but the nearest central sewer connection is 1,675 feet west at
Johio Shores Road. Connection to sanitary sewer is required if a project or site is within one -quarter (1/4)
mile. Because of this distance, connection to sewer is not required, The R-1A zoning district requires a
minimum lot size of 8,000 SF. However, due to the lack of central sanitary sewer, the residential development
will be on septic tanks, and as such, the 39 dwelling units can not be realized. Instead, the applicant has
coordinated with the City to create larger quarter (1/4) acre lots and preserve approximately 3.68 acres of land
for open space and preserve the existing canopy.
As this is a rezoning, there is no proposed increase in density, and a traffic study is not needed. Water, solid
waste, and police and fire protection will be provided by the City. Drainage will be provided by an onsite 1.59-
acre stormwater tract. Engineering and other Code requirements for development of a subdivision will come
at the time of Preliminary Subdivision Plan. A Conceptual Plan has been submitted; however, the Preliminary
Subdivision Plan (PSP) has not yet been submitted.
Issue:
Should the Honorable Mayor and City Commission approve the Rezoning from A-1 (General Agriculture
District) to R-1A (Single Family Dwelling District) for the 9.94-acre property located at 8667 A. D. Mims Road,
assigned Parcel ID # 10-22-28-0000-00-004, for purposes of developing a 16-lot single-family residential
subdivision?
Development Review Recommendation:
The Development Review Committee (DRC) met on Tuesday, August 23, 2022, to review the proposed
Rezoning from A-1 (General Agriculture District) to R-1A (Single Family Dwelling District), and finding no
issues, recommended approval of the rezoning for the approximately 9.94-acre property, assigned parcel ID
No. 10-22-28-0000-00-004, for purposes of developing a 16-lot single-family residential subdivision.
Planning and Zoning CommissionRecommendation:
The Planning and Zoning Commission (PZC) reviewed the proposed Rezoning at its August 30, 2022, public
hearing. Finding no issues, the Planning and Zoning Commission voted to recommend approval of the
proposed Rezoning from A-1 (General Agriculture District) to R-1A (Single Family Dwelling District) for the
approximately 9.94-acre property located at 8668 A. D. Mims Road, assigned parcel ID 10-22-28-0000-00-
004,
Staff Recommendation:
Based on the recommendations of approval by the DRC and the Planning and Zoning Commission, staff
recommends that the City Commission approve the Rezoning from A-1 (General Agriculture District) to R-1A
(Single Family Dwelling District) for the property located at 8667 A. D. Mims Road, assigned parcel ID No. 10-
22-28-0000-00-004, for purposes of developing a 16-lot single-family residential subdivision.
Attachments:
Location Map
Aerial Map
Zoning Map
Future Land Use Map
A D Mims Road Conceptual Plan
Rezoning Ordinance
Financial Impact:
None
Type of Item: (please mark with an x )
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
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ORDINANCE NO.2022-
(Rezoning Ordinance for Covington Oaks)
CASE NO. RZ-22-07-39: A. D. Mims Road — Covington Oaks Rezoning
WHEREAS, the owner (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has 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
9.94 acres, more particularly described in Exhibit "A" and depicted in Exhibit "B" from A-1 to
R-1 A; and
WHEREAS, pursuant to Section 5-9(B) of Article V of the Land Development Code of
the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has
reviewed said Rezoning application and determined that said Rezoning is consistent with the 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 application was scheduled for review and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"), acting as the Local Planning Agency; and
WHEREAS, on August 30, 2022, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that said Rezoning is consistent with the Ocoee Comprehensive Plan and is
in the best interest of the City, and recommended to the Ocoee City Commission that the zoning
classification of said real property be rezoned as requested by the Applicant, and that the Ocoee
City Commission finds that the Rezoning requested by the Applicant to be consistent with the
Ocoee Comprehensive Plan; and
WHEREAS, on September 20, 2022, 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.
FLORIDA,NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF T"
CITY OF OCOEE, 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 9.4 acres located within
the corporate limits of the City of Ocoee, Florida, is hereby changed from A-1 to R-IA. A map of
said land herein described, which clearly shows the area of the Rezoning, is attached hereto as
Exhibit "D" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby
finds the Rezoning of the land 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 the Ocoee
City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. SEVERADILITY. 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 become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 2022.
APPROVED:
01—y-1-1 E AX,, C—IxiE—F 1, tr 4,
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
UOR USE AND RE' LIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this day of 12022.
1'11!111g:�! 111TIp �#�
11 1 1 0
61 01 1 111! 111fil
am
City Attorney
ADVERTISED 52022
READ FIRST TIME )2022.
READ SECOND TIME AND ADOPTED
,2022.
UNDER AGENDA ITEM NO.
LEGAL DESCRIPTION
THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF
WAY, ORANGE COUNTY, FLORIDA.
LOCATION MAP