HomeMy WebLinkAboutItem #09 First Reading of Ordinance - Health Central III
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AGENDA ITEM COVER SHEET
Meeting Date: September 21,2010
Item # 9
Contact Name:
Contact Number:
-'P!r(..
Mike Rumer
X 1018
Reviewed By:
Department Director:
City Manager:
Subject: Health Central III
Rezoning Ordinance #2010-027 Project # RZ-10-07-10
Rezoning Ordinance # 2010-026 Project #RZ-1 0-07-1 0
Commission District 3 - Rusty Johnson
Background Summary:
The subject properties are located on the north side of Old Winter Garden Road, west of Ohio Avenue, and east
of Arlington Avenue. The properties are vacant of structures with heavy vegetation. The applicant is requesting
a zoning designation of R-3 which is permitted under the Future Land Use designation. The table below
references the zoning, and Future and Existing Land Uses of the surrounding properties:
Direction Future Land Use Zoning Classification Existina Land Use
North Office P-S (Professional Offices and Services) Vacant
East N/A N/A Retention for SR 408
South Low Density Residential R-1A (Sinqle-Family Dwellinq) Vacant
West Medium Density R-3 (Multiple-Family Dwelling) Vacant
Residential
The subject properties are located in a platted residential subdivision known as Park Ridge. The Plat was
recorded in 1934. The area contained single-family dwellings. As the Hospital has purchased the properties
they have removed them. The Future Land Use designation of the property and surrounding properties is
Medium Density, which is consistent with the zoning designation of C-2 that is requested. The City of Ocoee
Land Development Code Article V, 5-3(8)(7), states: that the R-3 district is primarily intended for areas shown
on the FLU map as "Medium Density Residential" or "High Density Residential".
The subject properties are located within Target Area #3 of the CRA Special Target Areas Special Development
Plan, so staff is not reviewing a development proposal at this time.
Issue:
Should the Honorable Mayor and City Commissioners approve the Rezoning of the 1330 Ohio Avenue from
Orange County C-1 (Commercial) to Ocoee R-3 (Multiple-Family Dwelling), 3924 Jane Street from Orange
County R-2 (Residential District) to Ocoee R-3 (Multiple-Family Dwelling), 3928 Jane Street from Orange
County R-2 (Residential District) to Ocoee R-3 ( Multiple-Family Dwelling), 3913 Old Winter Garden Road from
Orange County R-2 (Residential District) to Ocoee R-3 (Multiple-Family Dwelling), known as the Health Central
parcels?
Recommendations
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION:
On July 7, 2010, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended
approval of the rezoning of the Health Central III parcels as presented.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The proposed Rezoning of the Health Central III properties were reviewed at a Public Hearing by the Planning
and Zoning Commission on August 10, 2010. The Planning & Zoning Commission voted unanimously to
recommend approval of the Rezoning per staff's recommendation.
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that
Honorable Mayor and City Commissioners adopt Ordinances for the rezoning of 1330 Ohio Avenue from
Orange County C-1 (Commercial) to Ocoee R-3 (Multiple-Family Dwelling), 3924 Jane Street from Orange
County R-2 (Residential District) to Ocoee R-3 (Multiple-Family Dwelling), 3928 Jane Street from Orange
County R-2 (Residential District) to Ocoee R-3 ( Multiple-Family Dwelling), 3913 Old Winter Garden Road from
Orange County R-2 (Residential District) to Ocoee R-3 (Multiple-Family Dwelling), known as the Health Central
parcels.
Attachments:
Location Map
Future Land Use Map
Rezoning Map
Rezoning Ordinance 2010-26
Rezoning Ordinance 2010-27
Financial Impact:
None
Type of Item: (please marl< with an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
Consent Agenda
_ Public Hearing
Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
2
Health Central III
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ORDINANCE NO. 2010-026
(Rezoning Ordinance for Health Central)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
ORANGE COUNTY "C-l" ZONING, RET AIL
COMMERCIAL DISTRICT TO OCOEE "R-3" ZONING,
MULTIPLE FAMILY DWELLING DISTRICT, FOR
CERTAIN REAL PROPERTY LOCATED NORTH OF AND
ADJACENT TO JANE STREET AND WEST OF AND
ADJACENT TO OHIO AVENUE, 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 AS OF THE ADOPTION DATE OF
THIS ORDINANCE; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN ADOPTION DATE AND
AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") 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 to Ocoee "R-3," Multiple Family Dwelling District (the "Zoning");
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 Zoning requested by the Owner 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");
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee ("PZC");
ORLA_ 1606331.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning 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 it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2.
Rezonine:. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land located within the corporate limits of the City of
Ocoee, Florida, is hereby changed from Orange County "C-l" Zoning, Retail Commercial District
to Ocoee "R-3" Zoning Multiple Family Dwelling District with such change becoming effective
upon the effective date of this Ordinance as provided in Section 9 below:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
ORLA_1606331.1
-2-
SECTION 5.
Official Zonin2 Map. At such time as this Ordinance becomes
effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the
Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this
Ordinance and the Mayor and City Clerk are authorized to execute said revised Official Zoning
Map in accordance with the provisions of Section 5-1 (0) of Article V of Chapter 180 of the
Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8.
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 9.
Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
ORLA_ 1606331.1
-3-
ATTEST:
PASSED this _ day of
,2010.
ADOPTED this _ day of
, 2010..
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1606331.1
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2010
READ FIRST TIME ,2010
READ SECOND TIME AND PASSED
,2010
UNDER AGENDA ITEM NO.
-4-
EXHIBIT "A"
The Property
ORLA_1606331.1
-5-
EXHIBIT "8"
[Insert Map]
ORLA_1606331.1
-6-
ORDINANCE NO. 2010-027
(Rezoning Ordinance for Health Central)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICA TION FROM
ORANGE COUNTY "R-2" ZONING, RESIDENTIAL
DISTRICT TO OCOEE "R-3" ZONING, MUL TIPLE
FAMILY DWELLING DISTRICT, FOR CERTAIN REAL
PROPERTY LOCATED NORTH OF AND ADJACENT TO
OLD WINTER GARDEN ROAD AND WEST OF AND
ADJACENT TO OHIO A VENUE , 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 AS OF THE ADOPTION DATE OF
THIS ORDINANCE; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN ADOPTION DATE AND
AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an appl ication
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property to Ocoee "R-3," Multiple Family Dwelling District (the "Zoning");
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 Zoning requested by the Owner 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");
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee ("PZC");
ORLA_ 1606339.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning 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 it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2.
Rezonine:. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land located within the corporate limits of the City of
Ocoee, Florida, is hereby changed from Orange County "R-2" Zoning, Residential District to Ocoee
"R-3" Zoning Multiple Family Dwelling District with such change becoming effective upon the
effective date of this Ordinance as provided in Section 9 below:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
ORLA_1606339.1
-2-
SECTION 5.
Official Zonin!! Map. At such time as this Ordinance becomes
effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the
Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this
Ordinance and the Mayor and City Clerk are authorized to execute said revised Official Zoning
Map in accordance with the provisions of Section 5-1 (0) of Article V of Chapter 180 of the
Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8.
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 9. Effective Date. This Ordinance shall become effective ten (10)
days after its passage and adoption.
OR LA_ 1606339.1
-3-
ATTEST:
PASSED this _ day of
,2010.
ADOPTED this _ day of
,2010..
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1606339.1
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2010
READ FIRST TIME , 2010
READ SECOND TIME AND PASSED
,2010
UNDER AGENDA ITEM NO.
-4-
EXHIBIT "A"
The Property
ORLA_1606339.1
-5-
EXHIBIT "B"
[Insert Map]
ORLA_1606339.1
-6-