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HomeMy WebLinkAboutItem 07 Second Reading of Ordinance for Ocoee Oaks Joint Venture – Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling); Project No RZ-22-08-43Meeting Date: October 4, 2022 fl H Reviewed By: I IV Contact Name: Anoch Whitfield, Zoning Mepartment Directo Michael Rumpr Contact Number: Ext. 1016 /-L City Manager: Robert Fr AW1110'r Background Summary: The First Reading was held on Tuesday, September 20, 2022. The subject property is located in the northeast corner of the South Clarke Road and White Road intersection. The property contains approximately 12.59 acres; however, only that southern 5.71-acre portion adjacent to White Road is the subject of this rezoning request. 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 future land use designations, jurisdiction, 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 / R-1A East Low Density Residential Single-family residential / R-1A South Low Density Residential Single-family residential / PUD-LD West Count / Institutional Single-family residential / A-1 Under the existing Low Density Residential (LDR) future land use designation, the 5.71-acre portion to be rezoned could be developed with 22 dwelling units. The intent of the current 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, the same zoning district as the neighborhoods to the east and south. The R-1A zoning district requires a minimum lot size of 8,000 SF, and the applicant proposes a minimum lot size of 9,800 SF. Water, solid waste, and police and fire protection will be provided by the City, and drainage will be required to be provided by an onsite. In regards to sanitary sewer, the Utilities Department has indicated that the nearest manhole is approximately 800 feet away; therefore, at the time of Preliminary Subdivision Plan (PSP), the applicant will need to work with the City Utilities Department to resolve sewer connection requirements. As this is a rezoning, there are no proposed increases in density, and a traffic study is not needed. Engineering of the subdivision will come at the time of Preliminary Subdivision Plan. A Preliminary Plan has been submitted to support the rezoning; however, the Preliminary Subdivision Plan (PSP) application 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 201 South Clarke Road, assigned Parcel ID # 21-22-28-0000-00-027, for purposes of developing a 18-lot single-family residential subdivision? Development Review Recommendation: The Development Review Committee (DRC) met on Tuesday, August 23, 2022, to review the proposed rezoning and, following discussion, recommended approval of the rezoning from A-1 (General Agriculture District) to R-1A (Single Family Dwelling District) for the approximately 5.71-acre portion of the property, assigned parcel ID No. 21-22-28-0000-00-027, for purposes of developing an 18-lot single-family residential subdivision. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (PZC) reviewed the proposed Rezoning at its August 30, 2022, public hearing. Members of the public spoke to express their concerns regarding impacts to existing wildlife photographed on the property, traffic issues along White Road, stormwater runoff, and impacts to property values. Following the discussion, 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 southern 5.71- acre portion of the property located at 201 South Clarke Road, assigned parcel ID No. 21-22-28-0000-00-027, for purposes of developing an 18-lot single-family residential subdivision. 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 southern 5.71-acre portion of the property located at 201 South Clarke Road, assigned parcel ID No. 21-22-28-0000-00-027, for purposes of developing an 18-lot single-family residential subdivision. Attachments: Location Map Aerial Map Zoning Map Future Land Use Map Conceptual Preliminary Subdivision Plan Rezoning Ordinance Financial Impact: None Type of Item: (please mark with an 'x') Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A Ocoee Oaks Joint Venture Rezoning Surrounding Zoning Map in 0t tir f-f _ �� '---_ - :- � �._�. ref . -- ��om ���111 MI De ve to pmentS avi ces K` . , 3 •,• • \ milky .�`1 m moimil--1 25 250 500 Wi����„it. ����• Feet 0 I•,•� �� Created: August 2 022 O me�� m QSut�jectProperty L- �� Zoning Classification: A-1MI ' General Agri (A 1) _. "`' Suburban (A-2) imiiimm NI r 4Ibm 1 áiillit•i"ilri_ A ' Single-Family Dwelling (R-1AAA) .Sge-Family Dweg (R-1AA) 4111 Pli. Single-Family Dwelling (R-1A) .� • Single Family Dwelling (R-1) hi a ;�'„, One &Two Family Dwelling(R-2) _ 1111 Multiple Family Dwelling (R 3) l• ___; r-::-=::rti•r••_L ••r:•_ _ }� --.{? r.•{..Lt }y}�f 11 �'rr{{{ice J� ami Mobile Home Subdivision (RT-1) :ti=•: �� ,L,�c y: ? T ; �i.•ifi ':;{ri:r r •{. i1 r.1 i {{ �.1t i f�. � • Professional Offices& Services (P-S) _•:L:-:• {•r�• '�'�•_: k , - Neighborhood Shopping (C-1) a::: :;i1=- _ ter} r'_:;i: ti: :}_� i r. MMI C om m u n ity Commercial(C 2) :}_: �c-:.{::; : ;_ .: . ::Y};1 fti :f:1i`•r1A::�r„r,: :-.f r11t1�..tir 4._.}}tr;ri;:..r,}•r;.r - — i �r Olti General Com mercial(C 3) ::.:-- :-::::::•_:::L•::x•.�:::-.�•::•:r'r {- 1 4 Restricted Manufacturing "ir �:•_ ti. :. ________ . &Warehousing (I 1) :f_r, :,L1__::_= :=: -_:__- :==i=i_ c: • - mu General Industrial I-2 • - - 0 wo Commercial PUD _ "- _ - - - _ _ _ 1 - - - - - - ow Density(PUD) __ _ _ _ _ _ _ _ r Medium DensityPUD Ea High Dens it P D - -- - e s U - - -ee- - � Y - - - -- -- _ '-'r�� ram�:�ti:'.•���� -�:•-.,•-:�:{�. rr: 'ra 'r: r � �'r'.•��'r �'r: � 'r.•�'r � alf � r PUbIICuse (PUD) _ _ - - : :: := = = --- - - -- --- - - -- - sr.. :_ L IZA -•1: Unclassified _..._._. - _ _ __ _ ��,� Ocoee Oaks Joint Venture Rezoning Surrounding Future Land Use Map 0 _-. • L,N'r;1 mumwww---Ti INEli , •ii IDS IIM I. t :I _?V ■ - De ye loam eatS ervi ce s Department DR •• = vi o j mkel • 0 95 190 380 E NRII Feet . wor Created: August2022 1 U M 11Fr • • III � Mill • ill I. � � Subject Property I II114 �� Future Land Use Classification: ill Low Density Residential(LDR) 2 r 1 oi% L. Medium Density Residential(MDR) High Density Residential (HDR) •. INST Tit z a• or Professional Offices and Services(PS) ICommercial(COMM) • Mr III!I oil 1 Lightlndustrial(LI) UN - MED LAKE • "" -Heavy Industrial(HI) 1 . Milk mi liimo Conservation/Floodplains (CONS) Recreation and Open Space (REC) "'t""" "„"' ,16 YE Me ▪ Public F acilities/Institutional(INST) _E �I.-„,,,,,„_._. . al •• 1u1 Iv: 1111 I. imin wir L 1 ■ I1 • milli '! Sri ,o.o �9 rc9 by 2 y o'er �i z9 a �u iv \fp U 6 w will 9 I ��tiN w Q 1 NN3zy LL i I i3 " r as onroz aroaw,iiof - - i���w° n a on..r.oz 3 w gum innINN 3L P u MI 'Hui e5a � IkZB Hp �° '� Ni o op �°��`a i I'M 75;ZT:Tl zz0z/s!L'b,11P -q t-'M° 410.q�\TAEOVJ ORDINANCE NO.2022- (Rezoning Ordinance for Ocoee Oaks Joint Venture) TAX PARCEL ID: 21-22-28-0000-00-027 CASE NO. RZ-22-08-43: North Clarke Road — Ocoee Oaks Joint Venture Rezoning � 9 1 1. 1 1• 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 5.71 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 October 4, 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. 1. THEREFORE,BE IT ENACTED BY THE CITY COMMISSIONOF 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 5.71 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 "B" 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. 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 become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of , 2022. APPROVED: JTV OF& I - k Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED 52022 READ FIRST TIME 52022. READ SECOND TIME AND ADOPTED 52022. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 52022. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney LEGAL DESCRIPTION A TRACT OF LAND, BEING A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, FOR A POINT OF BEGINNING, SAID POINT ALSO LIES ON THE WEST LINE OF WHITE HILL PHASE ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 68 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN SOUTH 00003'05" EAST, ALONG THE WEST LINE OF SAID PLAT AND THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 627.89 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WHITE ROAD; THENCE DEPARTING SAID WEST AND EAST LINE, RUN SOUTH 89040'56" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 332.95 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, RUN NORTH 00001'33" WEST, ALONG SAID WEST LINE, 627.88 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE RUN NORTH 89°40'S0" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID NORTH LINE, RUN NORTH 00003'05" WEST, 151.34 FEET; THENCE RUN NORTH 89°56'55" EAST, 262.67 FEET TO A POINT ON THE WEST LINE OF SAID WHITE HILL PHASE ONE; THENCE RUN SOUTH 00°03'05" EAST, ALONG SAID WEST LINE, 150.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND LIES IN ORANGE COUNTY, FLORIDA, AND CONTAINS 5.706 ACRES, MORE OR LESS.