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Home My WebLink AboutVI(A6) Ordinance No.99-18, Olympia Development, Small Scale Comprehensive Plan Amendment, Case No. SSCPA- 98-002 Agenda 4-06-99 Agenda 3-16-99 Item VIA6 Item VII A 6 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee COMMISSIONERS CITY OF OCOEE DANNYHOWELL �. y _ SCOTTANDERSON Qr 150 N.LAKESHORE DRIVE v 3-6 OCOEE,FLORIDA 34761-2258 SCOTT J. GLASS NANCY J.PARKER ��y (407)656-2322 f CITY MANAGER E4 Of oo0v�` STAFF REPORT ELLIS SHAPIRO DATE: March 11, 1999 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Director of Planning &..y/ 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. az • 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. RBWlcsa 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 Residential"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 NAHORNMALL DATA\AMENDMNT\SMALSCAUActive\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. LB2108 45451007 LEGAL DESCRIPTION Feb. 22, 1999 RD FOR Job No.: Scale: 'Sr �_ 45451007 N.T.S. Arr 111•111111-M 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 407/647-8898 THIS IS NOT A SURVEY. SEE SHEET 2 OF 2 FOR GARY B. KRICK SKETCH OF DESCRIPTION REGISTERED LAND SURVEYOR NO. 4245 EXHIBIT "B" , i. • • 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 �f. .. (i t` (L Si,, r�: t `rt :•i ' \\�.- 44tIR t r, r I i tf1C1 f1t.3r - s \ - 5 ;y ":- $, i ,, — tl, ,,7 �T -', , -{" �11G •?1- i f l i1 �4 \«`4 V A ', in',i I� r n � .,i _L . ice• t . ti 7., Ik_; . - Q' e ` , o � , _ =-V �_� Mai Jis,,:::::?,,,. � '® ' .d 4i.: T J ffi*Fitiaqvi :: . i ® ''.Q:.- ,:: — '' I) m ' ' \ , 4.1,• -,..., A .T...-:,:-.;:.,.:(,;,::-.:17. - Vai— /1- -'', --,:';',:' (...-',..4-9,:Mi::',.:, 41-LW-' ' 1,17164 �b Y`' .4:, -,\..,1 ., wastiec \ ,..,.\\ylit,\ ‘ \\ ''-`..1 1 '---s t S. I.''''"'' .' t \ --r., X,,r\ Iiiir , 1 r [1,:,,,.,.:.,,;,,,,.:;:,:,...,,,,„ , , :-!?" ‘' ir,,...,,;:-.;: 1' MIR ,',:,.r.',:::,- ,v `1\ ) %_ 0 :_,., t iiiiikang_ Lr; -11 e' 411.,..L4';..N1 J r i t fs ` � \ j; .. {. ,•y Existing Proposed Legend: /\/ Subject Property A. Ocoee City Limits 1999 Ai Ocoee Orange County JPA Boundary A/ Roadways Low Density Residential (<4 dua) Medium Density Residential (4-8 dua) .\ High Density Residential (8-16 dua) / Professional Services \\\ Commercial X Light Industrial N \\\\ Heavy Industrial % , Institutional \\\\ Lakes- Water Bodies ® Conservation Not to scale 2 "2F2'1 Recreation • _ I- • • • The Orlando Sentinel, Thursday, March 25, 1999 • NOTICE OF PUBLIC HEARING BY THE OCOEE CITY COMMISSION TO AMEND THE OCOEE COMPREHENSIVE PLAN • CASE NO.SSCPA-98-002: ' OLYMPIA DEVELOPMENT '• NOTICE IS HEREBY GIVEN,pursuant • to Sections 163.3187(1)(c) •and 166.041(3),Florida Statutes,and Sec- tions 1-8, 1.10,and 5-9,Ocoee Land • Development Code, that the City..of Ocoee proposes to adapt 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 LOW DENSITY RESIDENTIAL TO COMMERCIAL ON CERTAIN REAL.PROPERTY CON- TAINING 9.98 ACRES (MORE OR LESS) LOCATED AT THE SOUTH- EAST CORNER OF SILVER STAR ROAD AND CLARKE ROAD INTER- 'SECTION PURSUANT TO THE APPLI- CATION SUBMITTED BY THE PROP- ERTY OWNERS; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP;PROVIDING FOR SEVER- ABILITY; PROVIDING FOR AN EF- FECTIVE DATE. • The proposed Ordinance concerns a • small scale amendment to the Future Land Use Map of the Ocoee Compre- hensive Plan which will change the Fu- ture Land Use Designation of the Sub- Rject property from Low Density. esidential(Orange County)(.4 dwell- ing units per acre) to Commercial (Ocoee).The subject,property,is locat- ed on the southeast corner of Silver Star Road and Clarke Road intersec • - lion. The Ocoee City Commission will hold a public hearing on the.proposal on Tuesday,April 6,1999 at 7:15 p.m.,or as soon thereafter as practical,at.the Ocoee City Commission Chambers, 150 North Lakeshore Drive,Ocoee,Flor- ida.The City Commission may continue the public hearing to other dates and times as they deem necessary.Any in- terested party shall be advised that the dates,times,and places of any continu- ation of this or continued public hear- ings 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 Dn • - 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; spent to the proposed Ordinance.Any person wishing to appeal any decision made with respect to any matter con- sidered 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 advance of the meeting at(407)656-2322. Jean Grafton, • City Clerk, . - Clty of Ocoee OLS2626016 MAR.25,1999