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HomeMy WebLinkAboutVII (A) 3. First Reading of Ordinance Ordinance No. 99-15, Devon Cove, Small Scale Comprehensive Plan Amendment, Case No.SSCPA-99-001 Agenda 3-16-99 Item VII A 3 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee o CITY OF OCOEE DOMMISSIONERS ANNY HOWELL t► rejl; C 150 N.LAKESHORE DRIVE SCOTT ANDERSON p OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS NANCY J.PARKER n� v (407)656-2322 CITY MANAGER Op 6000 ELLIS SHAPIRO STAFF REPORT DATE: March 11, 1999 TO: The Honorable Mayor and City Commissioners FROM: Brad Friel, AICP, Capital Projects /Transportation Planner THROUGH: Russ Wagner, AICP, Director of Planning 0771 SUBJECT: Devon Cove - Small Scale Comprehensive Plan Amendment Ordinance Number 99-15 Case Number: SSCPA-99-001 ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number 99-15 to change the Future land Use Designation of the above referenced 5.0 acre parcel from Orange County, Rural Settlement to Ocoee, Low Density Residential? BACKGROUND: The subject property is undeveloped and located approximately 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court. The underlying Orange County Future Land Use designation of the 5 acre parcel is Rural Settlement which allows for up to two dwelling units per acre. Based upon prior action of Orange County and the City of Ocoee, the Joint Planning Area Land Use Map and JPA boundary was amended to permit up to 5 acres of Low Density Residential development on this site. Per the JPA Agreement, even though the City and County may mutually agree on a appropriate land use for a parcel within the JPA boundary, the City is obligated to officially amend its Comprehensive Plan Land Use Map to effectuate the change. The proposed amendment would change the future land use designation from Orange County, Rural Settlement to Ocoee, Low Density Residential. This designation will allow up to four dwelling units per acre. DISCUSSION: This project is proposed to consist of single family homes as part of an infill project utilizing the existing Prairie Lake Boulevard as the primary access location. Prairie Lake Boulevard also serves as the only existing access for the Forest Oaks Subdivision. The Ocoee Comprehensive Plan designated this roadway as a local roadway intended to serve local traffic associated with the adjacent land uses. The surrounding land uses are primarily low density residential within Page 2, The Honorable Mayor and City Commissioners Devon Cove Small Scale Comprehensive Plan Amendment the Forest Oaks Subdivision to the north. South and east are scattered residential dwellings, and to the west is undeveloped property. The requested Low Density Residential designation is consistent with the character of the surrounding land uses and adjoining development. Based upon the foregoing analysis, Staff has determined that the request is consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; and (4) land uses to the north and east. Specifically, the requested change 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 1.3; (e) Policy 1.4; Policy 1.6; (f) Objective 3; (g) Policy 3.1; and (h) Policy 3.2. Staff has reviewed the project and determined that the City can provide a full range of urban services to the site. PLANNING AND ZONING COMMISSION On March 9, 1999, the Planning and Zoning Commission held a public hearing regarding the requested Small Scale Comprehensive Plan Amendment. Concerns raised by the adjacent property owners included drainage for the site and increased traffic volumes and speeds on Prairie Lake Boulevard. After a brief discussion and after assurances by staff that these issues would be addressed during the subdivision review process, the Planning and Zoning Commission voted unanimously to recommend approval of the requested Small Scale Comprehensive Plan Amendment as recommended by staff. STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners, upon finding the application of Midland Group, Inc. in Case No. SSCPA-99-001 to be consistent with the amended Joint Planning Area Agreement, the Ocoee Comprehensive Plan, the Ocoee Land Development Code, and surrounding land uses, adopt Ordinance Number 99-15, to change the Future Land Use designation from Orange County, Rural Settlement to Ocoee, Low Density Residential, subject to City Commission approval of the following: • Annexation of the subject property; • Annexation Agreement. Attachments: Ordinance Number 99-15 P:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR99021.doc ORDINANCE NO. 99-15 CASE NO. SSCPA-99-001: DEVON COVE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING FIGURE 2 OF APPENDIX A TO CHANGE THE FUTURE LAND USE DESIGNATION FROM ORANGE COUNTY, RURAL SETTLEMENT ( < 2 DWELLING UNITS PER ACRE) TO OCOEE, LOW DENSITY RESIDENTIAL ( < 4 DWELLING UNITS PER ACRE) ON CERTAIN REAL PROPERTY CONTAINING 5.0 ACRES (MORE OR LESS) LOCATED APPROXIMATELY 150 FEET SOUTHWEST OF THE INTERSECTION OF PRAIRIE LAKE BOULEVARD AND LOG RUN COURT PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. In adopting this Ordinance the City Commission of the City of Ocoee, Florida ("City Commission") hereby makes, expresses, and incorporates the following findings, purposes, and intent: a. On September 18, 1991, the City Commission adopted a new Comprehensive Plan pursuant to Chapter 163, Florida Statutes, which has been amended from time to time ("Ocoee Comprehensive Plan"). b. The Property Owner initiated Amendment Number SSCPA-99-001 in order to amend the Future Land Use designation of its property. c. Amendment Number SSCPA-99-001 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes. d. On March 9, 1999, the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-99-001. e. On April 6, 1999, the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-99-001. f. All required public hearings have been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee ("Ocoee Land Development Code"). SECTION 2. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 3. The Future Land Use designation as set forth on Figure 2 of Appendix A of the Ocoee Comprehensive Plan of the following described parcel of land containing approximately 5.0 acres located within the corporate limits of the City of Ocoee, Florida, (the "Property") is hereby changed from Orange County, "Rural Settlement" ( < 2 Dwelling Units Per Acre) to Ocoee, "Low Density Residential" ( < 4 Dwelling Units Per Acre). SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. A map of the Property is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth on Figure 2 of Appendix A of the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-99-001 consistent with the provisions of this Ordinance. SECTION 5. 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 6. This Ordinance shall become effective on the 31st day after passage and adoption if no affected person has filed a petition with the Division of Administrative Hearings in accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely filed, this Ordinance shall become effective on the date the Department of Community Affairs or the Administrative Commission issues a final order determining that the adopted Amendment Number SSCPA-98-001 is in compliance. PASSED AND ADOPTED this day of , 1999. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED March 25, 1999 READ FIRST TIME March 16, 1999 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 and LARDNER By: City Attorney LEGAL DESCRIPTION Parcel 10-22-28-0000-00074 The West 1/8 of the Southeast % of the Northwest % of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Parcel 10-22-28-0000-00128 The East %2 of the West % of the Southeast % of the Northwest ' of Section 10, Township 22 South, Range 28 East, Orange County, Florida lying North of the Seaboard Coastline Railroad and Florida Central Railroad. Exhibit "A" City of Ocoee Proposed Land Use Change SSCPA-99-001 Small Scale Future Land Use Map Revision Location: 150 feet southwest of the intersection of Prairie Lake Boulevard and Log Run Court Size: approximately 5.0 acres Proposed Change: From: Outside of the Joint Planning Area To: Low Density Residential (< 4 d.u.a.) • -q C;I_< " l Q_ U6 ' N ll , 7/ N / * 9:1 t. -z,-.... 1 ,iiitet ., „ior ii 1 , . 1 i = -_T--c-c ,,, ,,, et ...,_.__ _ [ , . „ , a, , _ , . . , ..„„, ,,,:jek. ...-....„,,,,..,:,.” to II _15 g. �• I I - -It / -�- P //' 1 et ,'Subec>y%li � a ' ub •`ct j-,A a Pr ii,,, . �� Q Pro 1 . - ��t Q' I A. D. Mims Road :S A. D. Mims Road I1317 17 IrLgo71 innnr-' I, / I rnnnH 1n / .._W . Existing Proposed Legend: /\/ Subject Property A Ocoee City Limits 1999 14/ Ocoee Orange County JPA Boundary N Roadways Low Density Residential (<4 dua) Medium Density Residential (4-8 dua) ® High Density Residential (8-16 dua) x Professional Services \\\ Commercial \\\` Light Industrial N \\\\` Heavy Industrial / / Institutional Lakes - Water Bodies ME Conservation Not to scale Recreation EXHIBITI "B"