VII (A4) First Reading Ordinance No.99-03, Frank/ Vine/ Beazer Homes Rezoning Case No. AR-98-10-10 Agenda 12-15-98
Item VIIA4
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee
COMMISSIONERS
Cr,,, .�o CITY OF OCOEE DANNYHOWELL
O 150 N. LAKESHORE DRIVE SCOTT ANDERSON
SCOTT A.GLASS
OCOEE, FLORIDA 34761-2258 NANCY J.PARKER
(407) 656-2322
CITY MANAGER
N>
OE G00v ELLIS SHAPIRO
STAFF REPORT
DATE: December 9, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Abra E. Home, AICP, Principal Planner
THROUGH: Russell B. Wagner, AICP, Director of Planning1"Z.
9
SUBJECT: Ordinance#99-03: Frank Vine/ Beazer Homes Rezoning (Case#AR-98-10-10)
ISSUE:
Should the Honorable Mayor and City Commissioners adopt Ordinance #99-03 approving the
above application to rezone the subject property from A-1, Citrus Rural District (Orange County)
to R-IAA, Single Family Dwelling District (Ocoee)?
BACKGROUND:
The requested rezoning is being considered simultaneously with an annexation petition. The
subject property is approximately 3,000 feet northeast of the intersection of Maguire Road and
Gotha - Park Ridge Road. The five acre parcel is vacant. The applicant has indicated that the
property will become part of the preliminary subdivision approval for "Ocoee Crossings," if the
annexation is approved and rezoning are approved. "Ocoee Crossings" is a proposed
subdivision located on the abutting Parker/ Lawrence properties to the west.
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.
C -
2
V
The Honorable Mayor and City Commissioners
Subject:Ordinance#99-03: Frank Vine/ Beazer Homes Rezoning (Case#AR-98-10-10)
December 9, 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-IAA, 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-IAA; R-IA; 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-IAA; R-IA; 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. 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-IAA, 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 ('/ 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-IAA 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 lengthy discussion
and a failed motion, 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-IAA.
The Honorable Mayor and CityCommissioners
Y
Subject:Ordinance#99-03: Frank Vine/ Beazer Homes Rezoning (Case#AR-98-10-10)
December 9, 1998
Page 3
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt Ordinance Number
99-03 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: Ordinance#99-03 .
Future Land Use Map
Zoning Map
P:\CALEXANDERWLL_DATA\CAPDFILE\Staff Reports\CC SR\SR98074.Doc
The Honorable Mayor and City Commissioners
Subject:Ordinance #99-03: Frank Vine/ Beazer Homes Rezoning (Case #AR-98-10-10)
December 9, 1998
Page 4
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The Honorable Mayor and City Commissioners
Subject:Ordinance #99-03: Frank Vine/ Beazer Homes Rezoning (Case#AR-98-10-10)
December 9, 1998
Page 5
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City of Ocoee Zoning Map
ORDINANCE NO. 99-03
CASE NO. AR-98-10-10: FRANK VINE/ BEAZER HOMES
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY A-1, CITRUS RURAL
DISTRICT, TO OCOEE R-IAA, SINGLE FAMILY DWELLING DISTRICT, ON
CERTAIN REAL PROPERTY APPROXIMATELY 5.0 ACRES LOCATED 3,000
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, THE OCOEE CITY
CODE, AND THE JOINT PLANNING AREA AGREEMENT; 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 City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate
limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee,
Orange County, Florida as hereinafter described; and
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 to rezone and establish an initial zoning classification for
said real property of Ocoee, R-IAA, Single Family Dwelling District (the "Initial Zoning"); and
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 Initial Zoning requested by the Applicant 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"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the
real property hereinafter described; and
II
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City
has the authority to establish an initial zoning for the lands herein described and to immediately
exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163,
Florida Statutes; and
WHEREAS, said Initial Zoning 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 Initial Zoning application for consistency with the Ocoee Comprehensive Plan
and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is
consistent with the Ocoee Comprehensive Plan and the JPA Agreement 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 Initial Zoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with official
notice thereof and with respect to proposed Initial Zoning of said real property; 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. INITIAL ZONING. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 5.0 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange
County A-1, Citrus Rural District"to "Ocoee, R-IAA, Single Family Dwelling District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SECTION 3. MAP. A map of said land herein described which clearly shows the area of
Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 4. COMPREHENSIVE PLAN AND JPA CONSISTENCY. The Ocoee City
Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be
consistent with the Ocoee Comprehensive Plan and the JPA Agreement.
SECTION 5. OFFICIAL 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 Initial
Zoning amendment 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 6. INCONSISTENT ORDINANCES. 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.
SECTION 8. 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
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
WIS DOCIWLANNINGWiORNEVLLL_DATAUM4REZACTIVEWINEBEAZERARTINALORDRZDOC
•
LAND DESCRIPTION:
THE EAST ONE-HALF(E 1/2)OF THE SOUTHWEST ONE-QUARTER(SW 1/4)OF THE
SOUTHEAST ONE-QUARTER(SE 1/4)OF THE SOUTHWEST ONE-QUARTER(SW 114)
OF SECTION 32, TOWNSHIP 22 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
3SO 2.TOWNNESHIPOF 22 SOUTH
THEBOUT, RANGE 28.1/4 EAST; .THENCESAIDSECTION N89,4322'1AT'E ALONG THE
UTH, LI WEST .OF , DISTANCE OF
1651.00.FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N89.42'1T'E
ALONG.-THE SOUTH LINE OF THE EAST t/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF.SAID SECTION 32,A DISTANCE OF
33020 FEET;THENCE NO)•18'03W ALONG THE EAST UNE OF THE EAST 1I2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SAID
SECTION 32, A DISTANCE OF 663.25 FEET; THENCE S89.46114'W ALONG THE
NORTH UNE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4
OF THESOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 33023 FEET;
THENCE S00.1813"E ALONG THE WEST UNE OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID
SECTION 32,A DISTANCE OF 663.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.029 ACRES, MORE OR LESS.
Exhibit "A"
City of Ocoee, Florida
Vine/ Beazer Annexation
and Rezoning to R-1AA
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- Subject Property
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Property Lines
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Exhibit "B"