HomeMy WebLinkAboutVII (A) 6. First Reading of Ordinance No. 99-18, Olympia Development, Small Scale Comprehensive Plan Amendment, Case No. SSCPA- 98-002 Agenda 3-16-99
Item VII A 6
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee
COMMISSIONERS
o` CITY OF OCOEE DANNY HOWELL
�� SCOTT ANDERSON
6 - 150 N.LAKESHORE DRIVE SCOTT A.GLASS
v ! ` p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
CI* Sv (407)656-2322
yr��11�``�� CITY MANAGER
OE 000n STAFF REPORT ELLIS SHAPIRO
DATE: March 11, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Director of Planning fj:/k
SUBJECT: The Olympia Development Group, Inc.
Small Scale Comprehensive Plan Amendment
Ordinance No. 99-18
Case No: SSCPA-98-002
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance No. 99-18 to change the
Future Land Use Map for the subject 9.98 acre parcel from Low Density Residential to
Commercial?
BACKGROUND:
The subject property is a portion of the proposed 37.8 acre Olympia Development PUD
located at the southeast corner of Clarke Road and Silver Star Road. This project is
proposed to consist of an Orange County Library site, an Orange County Elementary
School site, and a community commercial center designed as part of a master-planned
development utilizing shared stormwater retention, utilities, and access roadways.
Based upon prior action of Orange County and the City of Ocoee, the Joint Planning
Area Land Use Plan was amended to permit up to 15 acres of commercial 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 Future Land Use Map to effectuate
the change.
As a result of an agreement between the developer and the Orange County Library
System, five acres of the site that otherwise may have been utilized for commercial
development is to be sold at a reduced price for use as the library site. Since the City
of Ocoee Land Development Code permits public buildings to be located within any
zoning district upon approval of the City Commission after an advertised public hearing,
it is not necessary to change the designation on most of the site. Accordingly, only 9.98
acres are being formally changed to Commercial to permit application of the Small Scale
Comprehensive Plan Amendment process.
Page 2
The Honorable Mayor and City Commissioners
March 11, 1999
DISCUSSION:
The subject property is located at the intersection of two arterial roadways. Clarke
Road functions as the main north-south four lane arterial road extending from the
terminus of the East-West Expressway at SR 50 north through the developing eastern
half of the City. Silver Star Road (SR 438) is the main east-west thoroughfare bisecting
the center of the community and is scheduled to be four-laned within the next three
years. The Ocoee Comprehensive Plan designated this intersection as a prospective
Activity Center to serve as the focus for commercial and service-oriented land uses
benefiting the developing eastern portion of the community. Commercial land uses
dominate the other quadrants of the intersection, and commercial land uses also occur
immediately east of the site extending along Silver Star Road. Existing commercial
development and zoning in the immediate vicinity of the site is characterized by
community retail and service uses such as grocery stores, banks, convenience stores
with gasoline sales, fast-food restaurants, drug stores, and a variety of smaller retail,
office and service uses. Based upon the concurrent PUD rezoning proposed for this
site, the developer proposes a variety of smaller retail restaurant and office uses
consistent with the growth pattern already established at this location. Accordingly, the
proposed amendment to Commercial provides for a logical use of the property which will
be buffered from surrounding low-intensity uses by the proposed library and school
sites.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting on March 9, 1999, the Planning and Zoning Commission held a
public hearing regarding the proposed Land Use Amendment. As part of the combined
public hearing for the entire project, there were no specific comments from the public
related to the amendment itself. With no further discussion, the Planning and Zoning
Commission voted unanimously to recommend changing the Future Land Use
designation of the property from Low Density Residential to Commercial.
STAFF RECOMMENDATION:
Based upon the foregoing analysis and the recommendation of the Planning and Zoning
Commission, Staff recommends that the Mayor and City Commissioners, upon finding
the application of Olympia Development Group, Inc. in Case No. SSCPA-98-002 to be
consistent with the Joint Planning Area Agreement, the Ocoee Comprehensive Plan,
Page 3
The Honorable Mayor and City Commissioners
March 11, 1999
the Ocoee Land Development Code, and surrounding land uses, adopt Ordinance No.
99-18 to change the Future Land Use from Low Density Residential to Commercial,
subject to annexation of the property and approval of the Annexation and Development
Agreement.
RBW/csa
Attachments: Proposed Land Use Change Map
Legal Description
P:\CALEXANDER\ALL DATA\CAPDFILE\Staff Reports\CC SR\SR99025.doc
ORDINANCE NO. 99-18
CASE NO. SSCPA-98-002: OLYMPIA DEVELOPMENT
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 LOW DENSITY RESIDENTIAL TO COMMERCIAL ON
CERTAIN REAL PROPERTY CONTAINING 9.98 ACRES (MORE OR LESS)
LOCATED AT THE SOUTHEAST CORNER OF SILVER STAR ROAD AND
CLARKE ROAD INTERSECTION PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNERS; 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-98-002 in order to
amend the Future Land Use designation of its property.
c. Amendment Number SSCPA-98-002 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 No. SSCPA-98-002.
e. On April 6, 1999, the City Commission held an advertised public hearing and
adopted Amendment Number SSCPA-98-002.
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 9.98 acres located within the corporate limits of the City of Ocoee, Florida, (the
"Property") is hereby changed from "Low Density Resdential"to "Commercial" :
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-98-002 consistent with
the provisions of this Ordinance.
SECTION 5. 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 6. Effective Date. 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-98-002 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
P:\AHORNE\ALL DATA\AMENDMNT\SMALSCALWctive\Cpa98002\Olympia\OlympiasscpaORD99-18.doc
EXHIBIT "A"
LEGAL DESCRIPTION:
A tract of land being in the Northwest quarter of the Southeast quarter of Section 16, Township 22 South
Range 28 East, less that portion of the Right of Way of Clarke Road described in Official Records Book
4331, Page 1923 of the Public Records of Orange County, Florida and less that part of Silver Star Road
deeded in Deed Book 400, Page 252 and taken in Minute Book 17, Page 502 of said Public Records,
being more particularly described as follow:
Commence at the Southeast corner of the aforementioned parcel described in Official Records Book 4331,
Page 1923, said point also lying on the Easterly Right of Way line of the aforementioned Clarke Road;
thence run along said Easterly Right of Way line North 00'10'51" East a distance of 237.49 feet; thence
North 89'40'55" East a distance of 22.00 feet to the POINT OF BEGINNING; thence North 00'10'51" East
a distance of 683.48 feet; thence North 02'05'25" East a distance of 180.10 feet; thence North 00'10'51"
East a distance of 116.64 feet to the point of curvature of a curve concave Southeasterly, having a radius
of 50.00 feet, a central angle of 89'28'16", a chord of 70.38 feet that bears North 44'54'59" East; thence
Northeasterly along the arc of said curve a distance of 78.08 feet to the point of tangency; thence North
89'39"07" East a distance of 597.30 feet; thence South 00'04'18" West a distance of 300.00 feet; thence
South 89'39'07" West a distance of 316.41 feet; thence South 00'04'18" West a distance of 384.48 feet;
thence South 05'31'20" West a distance of 347.08 feet; thence South 89'40'55" West a distance of 305.42
feet to the POINT OF BEGINNING.
Containing 9.98 acres.
SHEET 1 OF 2
Date: CERT. NO. L62108 45451007
LEGAL DESCRIPTION Feb. 22, 1999 RD ',quaint
FOR Job No.: Scale: a 1•:Z���_ �C�►_
45451007 N.T.S. �ffi !, N \`
,1
Olympia Development Group, Inc. SOUTHEASTERN SURVEYING & MAPPING CORP.
CH. 61G17-6, Florida Administrative 324 N. Orlando Avenue
Code requires that a legal description Maitland, Florida 32751
drawing bear the notation that 407/641-8898
THIS IS NOT A SURVEY.
SEE SHEET 2 OF 2 FOR GARY B. KRICK
SKETCH OF DESCRIPTION REGISTERED LAND SURVEYOR NO. 4245
EXHIBIT "B"
City of Ocoee Proposed Land Use Change
SSCPA-98-002 Small Scale Future Land Use Map Revision
Location: at the southeast corner of Clarke Road and Silver Star Road
Size: approximately 9.98 acres
Proposed Change: From: Low Density Residential (< 4 d.u.a.)
To: Commercial
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Existing Proposed
Legend:
/\/ Subject Property
t'vi Ocoee City Limits 1999
iii Ocoee Orange County JPA Boundary
N Roadways
Low Density Residential (<4 dua)
Medium Density Residential (4-8 dua)
INI High Density Residential (8-16 dua)
Professional Services
Commercial
: Light Industrial N
\\\\ Heavy Industrial
/, Institutional
,: , : Lakes- Water Bodies
® Conservation Not to scale
Recreation