HomeMy WebLinkAboutVI(A3) Ordinance No. 99-15, Devon Cove, Small Scale Comprehensive Plan Amendment, Case No SSCPA-99-001 Agenda 4-06-99
Item VIA 3 Agenda 3-16-99
Item VII A 3
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIPT
O� OCO@@
COMMISSIONERS
CITY OF OCOEE DANNYHOWELL
e5 150 N.LAKESHORE DRIVE SCOTT ANDERSON
o OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS
c� (407)656-2322
NANCY J.PARKER
CITY MANAGER
�E G0010 ELLIS SHAPIRO
•
STAFF REPORT
DATE: March 11, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Brad Friel, AICP, Capital Projects/Transportation Planner'06--
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
16
•
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
v
•
•
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 �h 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
. . P
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.)
._
11 1 (
*.74,1fr .
hr�7','_ ez
lc
'tip \` �1 :fai,
\\ ,?.,hi; —1C
— [
ea
Vol d
1 ,. oilli ,.-:i, _
I[FCC., , slyti, ,,,i :
,1,, . 1 •ct ' u o a. `I f II ,t•ct 141f 1 I _
* � r`� jvr ifx f. �r l �,:."/ tg
i Ili Q -'31 Pro l -/ is 1 -�
f.s ! �II
,�. A. D. Mims Road � .r A. D. Mims Road
I .• r, {i i r: ,_ I I_I 1!_;::c: _.1
y +�
P... H, j +if . , 'ii' Iis _ `' ‘ ,„--1 ' } 11'\\`
•
Existing Proposed
Legend:
/\/ Subject Property
� .
Ocoee City Limits 1999
Ocoee Orange County JPA Boundary
' A/ Roadways
Low Density Residential (<4 dua)
Medium Density Residential (4-8 dua)
rfigs High Density Residential (8-16 dua)
-A Professional Services
\\ Commercial
\\` Light Industrial AN
\\\` Heavy Industrial
'/ Institutional
\\\. Lakes- Water Bodies
® Conservation Not to scale
-TT'PrlRecreation
EXHIBIT "B"
f
The Orlando Sentinel, Thursday, March 25, 1999
•
•
NOTICE OF CHANGE
OF LAND USE AND'
NOTICE OF PUBLIC HEARING
' BY THE OCOEE CITY COMMISSION
TO AMEND THE OCOEE -
COMPREHENSIVE PLAN '• .
CASE NO. SSCPA-99.001: D_EVON
COVE
NOTICE IS HEREBY GIVEN,pursuant
to Sections 163.3187(1)(c) and
166.041(3),Florida Statutes,and Sec.' •
lions 1-8, 1-10,and 5-9:Ocoee Land
Development Code, that the City of.
Ocoee propdses to adopt the following
ordinance: -
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: AMEND-
ING 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 ON=
TAINING 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 AP-
PLICATION SUBMITTED BY THE •
PROPERTY OWNERS; PROVIDING •
FOR AND AUTHORIZING THE REVI-
SION OF THE OFFICIAL FUTURE
LAND USE MAP;•PROVIDING•FOR I
SEVERABILITY;PROVIDING FOR AN
EFFECTIVE DATE.
The Ocoee City Commission will•hold a
public hearing on the,proposal on
Tuesday,April 6,1999 at.7:15 p.m.,or
soon thereafter as practical, at the
Ocoee City Commission Chambers, •
150 North Lakeshore Drive, Ocoee,
•
Florida.The City Commission may con-
tinue the public hearing to other dates
and times as they deem necessary.Any
interested party shall be advised that
the dates,times,and places of any con-
tinuation of this or continued public
hearings shall be announced during the
hearing and that no further notices re-. •
garding these matters will be published.
A copy of the proposed Ordinance and
related documents may be inspected
by'the public at the Ocoee Planning
Department.150 North Lakeshore Dri-
ve,Ocoee,Florida,between the hours,
of 8:00 a.m:.and 5:00 p.m., Monday
through Friday,except legal holidays.
Interested parties may appear at the
public hearing and be heard with re-
spect to the proposed Ordinance.Any'
person wishing to appeal any decision:
made with respect to any matter consi-
dered at the public hearing will need a
record of the proceeding and,for this,
purpose may need to ensure that a ver-
batim record of the proceedings is'
made which includes the testimony and
evidence upon which the appeal is
based.Persons with disabilities need-
ing assistance to participate in any of
the proceedings should contact the City
Clerk's Office 48 hours in adyance of
the meeting at(407)656:2322.- .
Jean Grafton, •
City Clerk - ..
March 25,1999
City of Ocoee . •
-
0LS2625980' MARCH 25,1999