Loading...
Item 16 First Reading of Ordinance for Covington Oaks – Rezoning from A-1 (General Agriculture) to R-1A (Single Family Dwelling); Project No: RZ-22-07-39Meeting Date: September 20, 2022 Item # Reviewed By: Contact Name: Anoch Whitfield, Zoning ��)Department Director: Micha Contact Number: Ext. 1016 City Manager: Robert Frank Background Summary: The applicant is Zachary Decker, and the property owner is Covington Holdings, LLC. The subject property is located on the north side of A. D. Mims Road, approximately 1,637.5 feet west of North Apopka Vineland Road. The property is approximately 9.94 acres in size and is currently a wooded unimproved parcel. 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 jurisdiction, future land use designations, 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 / A-1 East Low Density Residential Single-family residential / R-1A South Count / Low Density Residential Single-family residential / A-1 West Low Density Residential Single-family residential / R-1A The subject property consists of 9.94 acres. Under the existing Low Density Residential (LDR) future land use designation, the property could be developed with 39 dwelling units. The intent of the 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, which is the same zoning district as the neighborhoods to the west and east. The property is serviceable by central water, but the nearest central sewer connection is 1,675 feet west at Johio Shores Road. Connection to sanitary sewer is required if a project or site is within one -quarter (1/4) mile. Because of this distance, connection to sewer is not required, The R-1A zoning district requires a minimum lot size of 8,000 SF. However, due to the lack of central sanitary sewer, the residential development will be on septic tanks, and as such, the 39 dwelling units can not be realized. Instead, the applicant has coordinated with the City to create larger quarter (1/4) acre lots and preserve approximately 3.68 acres of land for open space and preserve the existing canopy. As this is a rezoning, there is no proposed increase in density, and a traffic study is not needed. Water, solid waste, and police and fire protection will be provided by the City. Drainage will be provided by an onsite 1.59- acre stormwater tract. Engineering and other Code requirements for development of a subdivision will come at the time of Preliminary Subdivision Plan. A Conceptual Plan has been submitted; however, the Preliminary Subdivision Plan (PSP) 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 8667 A. D. Mims Road, assigned Parcel ID # 10-22-28-0000-00-004, for purposes of developing a 16-lot single-family residential subdivision? Development Review Recommendation: The Development Review Committee (DRC) met on Tuesday, August 23, 2022, to review the proposed Rezoning from A-1 (General Agriculture District) to R-1A (Single Family Dwelling District), and finding no issues, recommended approval of the rezoning for the approximately 9.94-acre property, assigned parcel ID No. 10-22-28-0000-00-004, for purposes of developing a 16-lot single-family residential subdivision. Planning and Zoning CommissionRecommendation: The Planning and Zoning Commission (PZC) reviewed the proposed Rezoning at its August 30, 2022, public hearing. Finding no issues, 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 approximately 9.94-acre property located at 8668 A. D. Mims Road, assigned parcel ID 10-22-28-0000-00- 004, 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 property located at 8667 A. D. Mims Road, assigned parcel ID No. 10- 22-28-0000-00-004, for purposes of developing a 16-lot single-family residential subdivision. Attachments: Location Map Aerial Map Zoning Map Future Land Use Map A D Mims Road Conceptual Plan Rezoning Ordinance Financial Impact: None Type of Item: (please mark with an x ) Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda N/A N/A N/A Ors � ' 1 DUD D _ oa „ ' 4 T rl ;- l=S i <' .6d ® Y a z 4 . Q n @ x drn 4 34 1. ED A m e k i 3 ' g , A . 9E 2 , ° a s cr s 8 g 6 ° g S 3 e °a 5 n 8 g 5` R e ; & ? , _ a .tai as a - a a a F o & 7. 8 1 R e f y4 z u -:. *i' / • fl I k ,,,,,, mrilik‘ 41. . t, :k 4444\ 14,4 • P. 11 ., 1: ! 4111;11:":1-'4 :a ' ' .- \.\ -.*Pe-a,.r-3.'... Ii #'! + .. 1 dim. 1 \� R. ] ....... pr ly 0•"5. 110. . ..6"-:--41,;4_ -1pi'''rr'g a-m---.f:,.-'al_Z-1,t"".t-.-1,1'---s,'-'-,.,:[,-.o:I w', -"T:.1,,..--4.1--:T..1:-—7' :!,N I•F -:"0..-.,.'.',-...,4..,.•,"''".4r.,.--I---t-I_.—..2-ii\l,..z.1—.1;.—.,..l.,.i,-,-1.., Ii•,_',h;..---•.•-t•i._•.._'",a';f44'_,:iI'1,i _r+ _ •'� �,' 1 v �1`PniB"T' 1 gib •'�- ' d ., -/— I,...4P, i 1 i iL''1F ,4!L V 'a = V f 7 r :y t11"1T M l �.��...III .�`•� �+al.. I _ II • • I • 1. .. 1 k4sti -- e $i!.! N� ice° : ,1...0.',,/ -•• .. • [ i 1,I m i it ,l(+ - ,� N i 1 - Ci L. o 1.1 Co - (41 aniaa poonnaoa •E. 2 0 d li C an ; C co• C 2 4,70 o 11#10. N Cn CD 1111 IIP C * AI * Y0 0 N II At , id 1111111L11111 I �'ttle,„, 40) slap MI aiaiaad 4.0 ire A . 7\ '... .. ... .`.,.. \ .1.)\ I 0 M 1.....1 ' . . .: ' ' . ' 0 Ci) ).... 4 \N.,,,\": .'! . ' Ill Ill -• . \ em N, R wiiii w QQ Q^ ce m N U v 1 c N Q Q ,_ M C.) " Z C.) U m rn 0 fn @ U c FF 0 1; v Q v) rn 3 c ,f S m O LL (N C C C C — °� 'U _ N 0 m O) ? a) N N N 3 ? .52 L w �. •@ o Q CO t N O ° ° ° @ O (n - O E C a CL - fa.- D o y d w Q c ccoo c(o m m H LL1 = o c V a�i ` .� c O N U � @ L LL LL LL d) N $ 7 @ U @ @ y a) N n3 a) a) a) m m .7.x...... a) rn t E 'c@ a) E p ._ 0 _ m O c = 2' C1 C) C7 .o-@.. C C "C L CD _ O 0 O c C C C C O O 2 '�) o a) `a5 ••• a) 0 3 a) c ci) co 09 cn in in in 0 O 2 2 LL z U O as O U ° ; = a D a N Hill IiHI a � L L I L'm1I 1 2 n!Ja ibOJvJ04 \ 0 Q a I I f cu E I • 00 el = • aIJJ ab II Itp " 1 � aa aJ a1_ : el aid I o 4-4 a� )ap eiJ,aJ .2) = Ns. d riorftpritilif II 1114111ipl 0 \ > _ U o �- L ik _ (,)= Ift.,.. , . fx (0 ^ V H o a) u) w cn m ^ 2 cc v ZO ry Z •:f ffi c = U 8 m 01 • I. '? m I v7 J =4 c 16 fl ! I1 .� C0Jill _ •O �t` m a> Y N w O co -p in ct -N - OUa, .c cN -$ N Uc > — — in 8 m d a D c c c0 2 f0 o N CD c J O a) O) 2o m a) c a) 12 = a oL = oaa. 0 Li 1/11111/1 o Z \1D 4 vO1^, gv, \ ai E .a 1J m O rn E �"+ N O C C rn v =, R �z o m n .a 0 o,N.co u_ �< L. N C V\ C F U)@,N C6C— O L N V 0 2xxN OEn JVi a` Ill Q 0 41 NM E N 411166 P. 0 U¢ tp..� UI V,... O ci CI 113 V7 �-- (A 1p a' 1..i a) X W %~QQ E _ V) Q O ',i in f'a.) �0 x Ul C N G I � v 4 4 Q ar a'a _2 lb-^• f . CI V�r,/� u a a a C `•� 4 .I Wd U O O CO a QC7nLdN —o „se° . � 04 ' �I,f ^ ' •4 if , g ' firliiiii C) - 11111r II ...,e• ... Air ..k.... lit - r ,,.. k:� N . lb " - o 0 Aep a6eweD ¢ .1 J.. cili., o .4 4� ivitivzip*woo-r: _ '" 1 1 .,..J III... , .. 1 , i.., . ....,.......,.. ,,,,,, ,,,,,, , ,,, , .,... p.,.., . ......_.. , pewvory4 e '.:\ / _ r ;24 , 0 •‘•air' • 1 f P^I9 aie1 auie)d . • • II �' ► .i .� _ - ' 11 ' cA ' e �► r T. E I, _s„.) i * - N C W N Mr c o c itro. 0 • x N VE C1 x n �C L v �.. • EO.: � m O ' D COfO... 100�V Vl ii�i/1 '', Ill /11. 3 I N "�_ No N t- a i ORDINANCE NO.2022- (Rezoning Ordinance for Covington Oaks) CASE NO. RZ-22-07-39: A. D. Mims Road — Covington Oaks Rezoning 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 9.94 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 September 20, 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. FLORIDA,NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF T" CITY OF OCOEE, 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 9.4 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 "D" 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. SEVERADILITY. 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: 01—y-1-1 E AX,, C—IxiE—F 1, tr 4, Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) UOR USE AND RE' LIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 12022. 1'11!111g:�! 111TIp �#� 11 1 1 0 61 01 1 111! 111fil am City Attorney ADVERTISED 52022 READ FIRST TIME )2022. READ SECOND TIME AND ADOPTED ,2022. UNDER AGENDA ITEM NO. LEGAL DESCRIPTION THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, ORANGE COUNTY, FLORIDA. LOCATION MAP