VII (A3) First Reading Ordinance No. 99-06, Parker/ Lawrence/ Browning/ Beazer Homes Rezoning Case No. AR-98-10-11 Agenda 12-15-98
Item VII A 3
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIFT
Ocoee
COMMISSIONERS
CITY OF OCOEE DANNY HOWELL
`y ' - 150 N. LAKESHORE DRIVE SCOTT ANDERSON
SCOTT A.GLASS
�Q OCOEE, FLORIDA 34761-2258 NANCY J.PARKER
`4- (407) 656-2322
�l*
A` CITY MANAGER
Of G00p ELLIS SHAPIRO
STAFF REPORT
DATE: December 10, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Abra E. Horne, AICP, Principal Planner -k
THROUGH: Russell B. Wagner, AICP, Director of Planning
SUBJECT: Ordinance #99-06: Browning/ Lawrence/ Beazer Homes Rezoning (Case #AR-98-10-11)
ISSUE:
Should the Honorable Mayor and City Commissioners adopt Ordinance #99-06 approving the above
application to rezone the subject property from A-1, Citrus Rural District (Orange County) to R-1AA,
Single Family Dwelling District (Ocoee)?
BACKGROUND:
The requested rezoning is being considered simultaneously with an annexation petition. The subject
property is approximately 2,700 feet northeast of the intersection of Maguire Road and Gotha - Park
Ridge Road. The +/- 96.32 acre parcel is vacant. The applicant has indicated that the property will
become part of the preliminary subdivision approval for "Ocoee Crossings," if the rezoning is
approved. "Ocoee Crossings" is a proposed subdivision located on the subject property and the
abutting Frank Vine property to the east.
This quadrant of the Joint Planning Area abuts the Gotha Rural Settlement to the east and
unincorporated Orange County to the south. Single family development in this area is dominated by
half-acre and one-acre home sites. Staff anticipates that these requests for rezoning will generate
considerable concern amongst nearby property owners who feel that all properties in this area should
be based upon half-acre minimum lot sizes. The Westridge, Cross Creek, and Wesmere
developments allow minimum lot sizes as low as 7,000 square feet. As a compromise, Staff has
required that the applicant maintain a minimum lot size of 9,000 square feet (about 75' x 120'). Most
of the surrounding County land is zoned either A-1, Citrus Rural District or RCE, Rural Country Estate
District and used for single family residential purposes. One notable exception is the nearby Orange
County Belmere single family subdivision on the southwest corner of Maguire Road and Roberson
Road. The Belmere parcel is zoned PUD and it allows smaller single family lots, commercial, Adult
Congregate Living Facilities, and multifamily uses.
OIL
The Honorable Mayor and City Commissioners
Subject: Ordinance#99-06: Browning/ Lawrence/ Beazer Homes Rezoning (Case#AR-98-10-11)
December 10, 1998
Page 2
DISCUSSION:
The subject property is designated Low Density Residential (<4 du/acre) on the City Future Land Use
Map and Joint Planning Area Map. The applicant has requested an Ocoee zoning classification of
R-1AA, Single Family Dwelling District which would be consistent with the above referenced land use
designations.
The underlying Low Density Residential land use theoretically permits eight possible zoning
classifications (A-1; A-2; RCE-1; RCE-2; R-1AAA; R-1AA; R-1A; and R-1). Although single family
dwellings are allowed in each of the above zoning districts, single family subdivisions are more
appropriately located in the R-1AAA; R-1AA; R-1A; and R-1 zoning districts. The Comprehensive
Plan lists several zoning districts that are consistent with the Low Density Residential designation, but
the City may choose from the range of potential zoning classifications and select one, as appropriate.
Staff has determined that the requested zoning classification is consistent with Ocoee's:
(1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning
Area (JPA)Agreement with Orange County; and (5) surrounding land uses and zoning classifications.
More specifically, the request is consistent with the following goals, objectives, and policies of the
Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1;
(d) Policy 1.15; (e) Policy 1.16; (f) Objective 2; and (e) Policy 2.4.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On December 8, 1998, the Planning and Zoning Commission held a de novo public hearing regarding
the requested rezoning. A number of surrounding property owners attended the public hearing and
spoke during the Frank Vine/ Beazer Homes public hearing. Rather than reiterate their comments,
they asked that their comments from the Vine hearing be reflected for this application as well. One
nearby property owner, Jeff Smith, spoke on behalf of many of the others. Mr. Smith stated that he
was concerned that the proposed rezoning to R-1AA, Single Family Dwelling District, would: (1)
degrade the neighborhoods south and east of the subject property; (2) unnecessarily increase the
density on the subject property (1/2 acre minimum lot sizes were suggested); (3) create an unattractive
view along Gotha - Park Ridge Road; (4) exacerbate traffic congestion on Gotha - Park Ridge Road
and at its intersection with Maguire Road; and (5) not be adequately served by the City of Ocoee.
Other nearby property owners echoed Mr. Smith's comments but they added the character of
development generally approved by Ocoee would adversely impact their properties. Some property
owners indicated that Ocoee densities and home sizes were unacceptable. Another property owner
suggested that only the property backing up to Gotha - Park Ridge Road was of major concern to
him. One citizen asked the Planning and Zoning Commission to consider one acre minimum lot sizes
rather than the half acre lots suggested by Mr. Smith. Staff addressed all of the concerns raised by
the surrounding property owners but maintained that R-1AA zoning was an acceptable compromise
between the lot sizes approved by Ocoee in the nearby Cross Creek, Wesmere, and Westridge
subdivisions versus the lot sizes approved by Orange County in the adjacent Belmere, Windermere
Chase, Windermere Downs, and Lakes subdivisions. After a brief discussion, the Planning and
Zoning Commission voted unanimously to recommend that the Honorable Mayor and City
Commissioners rezone the subject property to R-1AAA, Single Family Dwelling District, rather than
the requested R-1AA.
The Honorable Mayor and City Commissioners
Subject: Ordinance#99-06: Browning/ Lawrence/ Beazer Homes Rezoning (Case#AR-98-10-11)
December 10, 1998
Page 3
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number
99-06 to approve the requested rezoning to R-1AA, Single Family Dwelling District, and find that the
application is consistent with: (1) the Ocoee Comprehensive Plan; (2) the Future Land Use Map; (3)
the Ocoee Land Development Code; and (4) the requirements of the JPA Agreement.
Attachments: Future Land Use Map
Zoning Map
Ordinance#99-06
P:\CALEXANDERWLL_DATA\CAPDFILE\Staff Reports\CC SR\SR98077.Doc
The Honorable Mayor and City Commissioners
Subject: Ordinance #99-06: Browning/ Lawrence/ Beazer Homes Rezoning (Case #AR-98-10-11)
December 10, 1998
Page 4
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The Honorable Mayor and City Commissioners
Subject: Ordinance #99-06: Browning/ Lawrence/ Beazer Homes Rezoning (Case #AR-98-10-11)
December 10, 1998
Page 5
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The Honorable Mayor and City Commissioners
Subject: Ordinance #99-06: Browning/ Lawrence/ Beazer Homes Rezoning (Case #AR-98-10-11)
December 10, 1998
Page 6
City of Ocoee, Florida
Browning/ Lawrence/ Parker/
Beazer Homes Rezoning to R-1AA
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ORDINANCE NO. 99- .Ob
CASE NO. R-98-10-11: Browning/Lawrence/ Beazer Homes Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM A-1, GENERAL AGRICULTURE DISTRICT,
TO R-IAA, SINGLE FAMILY DWELLING DISTRICT, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 96.32 ACRES LOCATED
APPROXIMATELY 2,700 FEET NORTHEAST OF THE INTERSECTION OF
MAGUIRE ROAD AND GOTHA - PARK RIDGE, ROAD 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 to R-IAA, Single Family Dwelling District, (the "Rezoning"); 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, the Planning and Zoning Commission has 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 has recommended to the Ocoee City Commission that
the zoning classification of said real property be "R-IAA, Single Family Dwelling District", 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, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed Rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that the Rezoning requested by
the Applicant 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 following described parcel of land containing approximately 96.32 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from "A-1, General Agriculture
District" to"R-1AA, Single Family Dwelling District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
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 finds 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.
PASSED AND ADOPTED this day of , 1999.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED DECEMBER 24, 1998
READ FIRST TIME DECEMBER 15, 1998.
READ SECOND TIME AND ADOPTED
, 1999.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1999.
FOLEY&LARDNER
By:
City Attorney
TOGETHER ALL OF THE ABOVE DESCRIBED PARCELS ARE MORE PARTICULARLY
DESCRIBED AS:
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 32. TOWNSHIP 22 SOUTH.
RANGE 28 EAST AND A PORTION OF THE NORTH 1/2 OF SECTION 5,TOWNSHIP 23
SOUTH. RANGE 28 EAST. ORANGE COUNTY. FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION
32.TOWNSHIP 22 SOUTH.RANGE 28 EAST. THENCE N89.421TE ALONG THE
SOUTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 32.A DISTANCE OF 37.08
FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE (RADIAL LINE
THROUGH SAID POINT BEARS NORTH 88.28'03' EAST); THENCE NORTHERLY
ALONG THE ARC OF SAID NON-TANGENT CURVE.BEING CONCAVE TO THE EAST,
HAVING A RADIUS OF 5718.75 FEET,A CENTRAL ANGLE OF 01.1815'.AN ARC
DISTANCE OF 130.95 FEET;THENCE NORTH 00.1312'WEST.1200.02 FEET(THE
LAST TWO(2)COURSRIGHT-
OF-WAY OF IAAGUIRE ROAD);THENCE NORTH 89.50 0'EAST ALONG THDESCRIBED BEING COINCIDENT WITH THE EASE NORTH
• UNE OF THE SOUTH ONE-HALF(S 1/2)OF THE SOUTHWEST ONE-QUARTER(SW
1/4)OF SAID SECTION 32.A DISTANCE OF 622.72 FEET;THENCE SOUTH 00.18'3T
EAST ALONG THE WEST UNE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 32.A DISTANCE OF 15.00 FEET; THENCE
N89.50.10'E ALONG A UNE 15.00 FEET SOUTH OF AND PARALLEL WITH THE
NORTH UNE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32.A
DISTANCE OF 990.76 FEET;THENCE S00.181WE ALONG THE EAST UNE OF THE
WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SAID SECTION 32,A DISTANCE OF 1180.34 FEET;THENCE S89.4717'W.330.20
FEET; THENCE S00.1820'E, 131.92 FEET; THENCE S01.39'08'E. 354.00 FEET;
THENCE N89.421TE,337.00 FEET;THENCE N01.39.08'W,354.00 FEET; THENCE
N89.4217-E ALONG THE SOUTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION
32,A DISTANCE OF 983.80 FEET;THENCE N89.46'0TE.ALONG THE NORTH UNE
OF NE NORTHEAST 1/4 OF SAID SECTION 5.A DISTANCE OF 294.93 FEET TO A
POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF GOTHA ROAD;THENCE
S58.01.14 W.ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE.A DISTANCE OF
351.93 FEET;THENCE N00.54'1TW.ALONG THE WEST LINE OF THE NORTHEAST
1/4 OF SAID SECTION 5,A DISTANCE OF 71.60 FEET;THENCE S56.01'14NV,ALONG
THE NORTHWESTERLY RIGHT OF WAY LINE OF THE ATLANTIC COASTLINE
RAILROAD. A DISTANCE OF 1162.01 FEET; THENCE N01.39'08-W. 98.61 FEET:
THENCE S89.471TW,337.00 FEET;THENCE SO1.39'08'E.390.80 FEET;THENCE
S58.01.14NV.ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID GOTHA
ROAD.A DISTANCE OF 439.18 FEET;THENCE S89.55'38-W ALONG THE SOUTH
UNE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 5.A
DISTANCE OF 612.92 FEET; THENCE N29.0614W 177.72 FEET; THENCE
S89.55.38'W 14.00 FEET;THENCE N23.0677 W 412.55 FEET;THENCE S89.55.38'W
43.58 FEET;THENCE NO2.23101•W.680.98 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE TO THE EAST;THENCE NORTHERLY ALONG SAID CURVE.
HAVING A RADIUS OF 5716.75 FEET.A CENTRAL ANGLE OF 00.51'06',FOR AN ARC
LENGTH OF 84.99 FEET TO THE POINT OF BEGINNING (THE LAST TWO (2)
COURSES DESCRIBED BEING COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY
OF MAGUIRE ROAD).
CONTAINING 98.326 ACRES.MORE OR LESS.
Exhibit"A"
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