HomeMy WebLinkAboutItem V (C) - Second Reading and Public Hearing Ordinance No 90-52: Case No 1-15 R-90 Silverstri Rezoning from PUD to R-1-A and C-1 AGENDA 4-16-91
Item V C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
Ocoee
1°` AV 0 ° CITY OF OCOEE --
�. P RUSTY JOHNSON
a 150 N.LAKESHORE DRIVE
vO OCOEE FLORIDA 34761 PAUL W.FOSTER
(407)656-2322 VERN COMBS 1-3
SAM WOODSON
of coon �\ CITY MANAGER
ELLIS SHAPIRO
SRP-285
STAFF REPORT
TO: HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: BRUCE C . BEHRENS, DIRECTOR OF PLANNING
DATE : JANUARY 28 , 1991
SUBJECT : CASE NO. 1-15R-90 : SILVESTRI
APPLICANT : WARREN WILLIAMS
ORDINANCE NO. 90-52
ISSUE :
Should the City Commission approve this application to rezone the
subject parcel from PUD to R-1-A & C-1 by the adoption of Ordinance
No . 90-52 .
BACKGROUND DISCUSSION :
The proposed R-1-A parcels are 7 . 8 and 61 . 3 acres . The C-1 parcel
is 20 acres . The subject parcels are located 4 , 500 feet north of
A. D. Mims Road on Clark Road at its intersection with Hackney
Prairie Road (see attached location map) . The site is
characterized by predominately uplands soils , many trees and heavy
vegetation in several locations . Site access is provided by
Hackney Prairie and Clark Roads .
The zoning request by the petitioner is compatible with the
surrounding land uses of A-1 on the north R-1-A on the east PUD on
the south and A-1 on the west .
The Planning Director has examined this application and has
determined that it is in compliance with the City of Ocoee' s
Comprehensive Plan.
A public hearing on the applicant ' s petition for rezoning was
scheduled for November 21 , 1990 and was deferred. The City
Commission was to consider Ordinance No . 90-52 rezoning the subject
parcel , as requested by the applicant .
The City Attorney has reviewed all of the petitions for rezoning
and will independently report to the City Commission regarding the
legal sufficiency of the petitions , compliance with the applicable
provisions of Florida law, and the legality of the City Commission
acting upon the applicant ' s petition.
STAFF REPORT
January 28 , 1991
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION :
The Planning and Zoning Board considered the petition for rezoning
at a meeting held on October 10 , 1990 and by a 3 to 3 vote, could
not make a recommendation. (See attached Planning and Zoning
Minutes of October 10 , 1990 ) .
STAFF RECOMMENDATION
The Planning Department has found the requested rezoning to be
consistent with the Ocoee Comprehensive Plan, in compliance with
all applicable requirements of the Ocoee City Code and in the Best
interests of the city , and recommends to the City Commission
APPROVAL of the petition in Case No . 1-15-90 : SILVESTRI , that the
property described therein be rezoned to R-1-A and C-1 as requested
by the petitioner, and that the City Commission find the proposed
rezoning to be consistent with the Ocoee Comprehensive Plan.
BCB/ek
Attachments
Page 13 ..
Planning and Zoning Commission lieet.ing
October 10, 1990 to Board
III)pI'oval
Case 1-15 R-901 ti±LVFd'l'11I
Director of Planning Elehr.ens read the staff report in its entirety.
Director Behrens ebid . a toff had asked the developer to reduce the
commercial from 160, 000 square feet to 120, 000 square feet which
the developer did. Me said they arrived at the zonings by looking
at the overall Clack Road corridor and making sure that there was
some neighborhoods comtnerc.i.at zoning every so often to allow for
smaller grocery sLoree, etc. to alleviate having to drive a long
distance for every day heeds. Director Behrens said staff believed
this neighborhood Cotnmei:cia1 would blend well with the residential
property along the cor_tidor.
Director Behrens maid this property was originall}I.. slated to be
developed entirely as residential under the PUD but that this piece •
was taken out of the PUD. Vice Chairman Linebarier said he
remembers discuseions when this property originally was annexed
into the City that thio isroperl'y was to be treated as Phase III of
' the PUD and he remembers it being part of the land use plan that
was originally submitted on the I'UD.
•
Director Behrens and ScoLL Henderson, the property owner' s
representative, both edid they had done extensive research and can
not find anything that shows the land use plan including this
property.
•
City Attorney Rosenthal said from a legal standpoint the Citywould
be pleased to have the !coning c,.Larl!'led at this time so thathere
would be an accurate record of how the City wanted to proceed with.
this area.
Vice Chairman Linebariet asked If there was any kind of an
agreement with this developer on the building of Clark Road and
Director Behrens said that the developer has agreed to build Clark •
Road as a four-lane roadway from A. D. Mims Road north 1, 000 feet.
He said then the developer has the option to narrow to a two-lane '
road to the northern end of the Prairie Lake POD. city Attorney
Rosenthal said the developer has agreed to dedicate the right-of-
way along Clark Road.
Commission member SwicketaLh said lie objected to the commercial
zoning because he believed the original intent of Clark Road was
to concentrate the commercial. zoning in certain areas and then keep
the turning movements to a minimum along the rest of the roadway
in order to keep the Lraf f 1c flowing. Ice thought the commercial
parcels were becoming too Widespread .
Page 14•
,i ik11' {i i
Planning and Zoning Commission Meeting
October 10, 1990 SUbjeCt to [hoard
Approval
•
_commission member Weekri moved to recommend approval of the staff
recommendation nd oatlit-led in the etaff report, Alternate member
Rhodus seconded, httd the vote was split 3-3 with Chairman Sims also
voting for the motion thtd Vice chairman Linebarier and Commission
members flood and Swickerat-h all opposed.
•
City Attorney •RoUenthal said for clarification purposes that the .
silvestri petitiolt Would be forwarded to the City Commission
without a recommendation from the Planning` and Zoning Commission
due to the split Vold. vice chairman Linebarier emphasized that
he wanted the City Comthission to know that there was a vote taken
and that it was d split vote.
Case 1-29 A-90t kb.WEH SOUTH and Case 1-30 A-90 ! KENJEN NORTH
Director of Planning Behrens said both these cases would be
discussed simultaneodsly but that the Planning and Zoning
Commission would vote on them separately.
•
Director of Plahtlitig behr.ens read both staff reports in their
entirety. lie eXplained the city had had discussions with orange
County on both patcels for some time now but more than a year had
passed and little progress had been made insofar as amending the
Joint Planning Area. hir.ector Behrens said the City wanted to be
able to complete Clark [toad to Clarcona-Ocoee• Road and that these
parcels were needed ih or.-der to do so.
Lynn Walker Wright, attorney for Asma & Wright, representing the
property owner, said the City denied the annexation requests the
previous year "without prejudice" because at the time the City
wanted to work with Ordhge County to extend the Joint Planning Area
before it annexed the land . his . Wright said the petitioner was
again requesting aiuimxtitlon and said although it was still outside
the Joint Planning Area boundary, the property was contiguous to •
other property in the City , and It made sense to have the property,
in the City especially with the new Clark Road expansion slated to
be built all the way north to Clarcona-Ocoee Road. Ms. Wright said
the discussions with Otange County had not really materialized. •
She also added that services are avallabl.a through the City in this
area but that at this lime they are not looking to develop and are
not even asking tor zoliinq.
Robert Wiegers, Senior Planner with orange County, said because the
KENJEN BOUT!! property in not within the Joint Planning Area !or
Ocoee, the County Would like to see the City hold off on annexing
the property until a decision is made on amending the Joint
• Planning Area. Mr. Wiegers said In this case the County would hot
have a problem oh the annexation as far as it being contiguous.
111-:;1 leading OcLuber S1, 199U
Second Reading November 21, 1990(Deferred)
Second Reading February 5, 1991
ORDINANCE NO. 90-52__
CASE NO. 1_15R-90: SILVESTRI
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REZONING CERTAIN LANDS LOCATED IN THE CITY
•
OF OCOEE BY CHANGING THE ZONING
CLASSIFICATION FROM PUD
PLANNED UNIT DEVELOPMENT
TO R=1-AAND C_1 , SINGLE FAMILY_
RESIDENTIAL DISTRICT AND NEIGHBORHOOD
SHOPPING DISTRICT ON CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEASTERN CORNER OF
CLARK AND HACKNEY-PRAIRIE ROADS
AS PETITIONED BY THE PROPERTY OWNERS;
PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner or owners ("the Petitioner") of
certain real property located within the corporate limits of the
City of Ocoee, Florida, as hereinafter described, have petitioned
the City Commission of the City of Ocoee, Florida ("the Ocoee City
Commission") to rezone and change the zoning classification for
said real property from PUD , Planned Unit Development
to R_1-A and C-1_, .__Single Family ResidentiAl ' District and
Neighborhood Shopping respectively; and
WHEREAS, pursuant to Section 3.2 of Chapter II of
Appendix "A" of the Code of Ordinances of the City of Ocoee,
Florida ("the Ocoee City Code") , the Planning Director has reviewed
said petition and determined that the rezoning requested by the
Petitioner is consistent with the 1979 City of Ocoee Comprehensive
Plan as set forth in Ordinance No. 719, adopted April 15, 1980
("the Ocoee Comprehensive Plan") ; and
WHEREAS, said rezoning petition 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 Ocoee City Commission has held a de novo
public hearing with official notice thereof with respect to
proposed rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that
the zoning requested by the Petitioner 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 NOW THEREFORE, BE IT ENACTED BY TIIE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Ocoee,
Florida 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. That the zoning classification, as defined in
Appendix A of the Code of Ordinances of the City of Ocoee, Florida,
of the following described parcel of land located within the
corporate limits of the City of Ocoee, Florida, is hereby changed
from PUDL_Ela ned_ Oni-t.Developmenl" to �2_�_ Sing a Farpily
Reaidential _Dis,trict ":
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
Section 3. That the zoning classification, as defined in
Appendix A of the Code of Ordinances of the City of OCoee, Florida,
of the following described parcel of land located within the
corporate limits of the City of Ocoee, Flolrida, is hereby changed
from "PUD,._.Planned UNitDevelopment" to "C-1, Neighborhood Shopping
District":
SEE EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
Section 4. That the City Commission of the City of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance to be consistent with the Ocoee Comprehensive
Plan.
Section 5. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in
order to incorporate the zoning amendments 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 1.1 of Chapter III of Appendix A of the Code
of Ordinances of the City of Ocoee.
Section 6. 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.
iectUon 8. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
•
PASSED AND ADOPTED this day of , 1990.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
JEAN GRAFTON, CITY CLERK LESTER DABBS, JR. , MAYOR
I I
(SEAL)
EXHIBIT A
Silvestri - 90 AC
Legal Description:
R-1-A Parcel:
SE 1/4 and E 1/2 of SW 1/4 of the NE 1/4 of Section 4, Township 22,
Range 28, also including:
5500' of W 1/2 of NE 1/4 of SE 1/4 of Section 4, Township 22, Range 28.
CASE NO .. I - 1 5 R - 90 - SILVESTRI
• EXHIBIT B
Silvestri - 90 AC
Legal Description:
C-1 Parcel:
E 1/2 of NW 1/4 of SE 1/4 of Section 4, Township 22, Range 28.
CASE N O.. 1 - - 1 5 R 9 0 : SIL V
ESTRI
CITY OF OCOEE 1
I
PROPOSED REZONING
CASE NO . 1 -- 1 5R - 90 : SILVESTRL
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