HomeMy WebLinkAboutVII(A3) Ordinance No. 97-23, Amend Comprehensive Plan - Case No. CPA-97-001 Agenda 10-7-97
Item VII A 3
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIFT
Ocoee COMMISSIONERS
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00OEE,FLORIDA 34761-2258 NANCY 7.PARKER
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'fi, 'r0' AN CITY MANAGER
F,p 0 GOO s` ELLIS SHAPIRO
STAFF REPORT
DATE: September 30, 1997
TO: The Honorable Mayor and City Commissioners
THROUGH: Russell B. Wagner, AICP, Director of Planning /
FROM: Abra E. Home, AICP, Senior Planner _G.
SUBJECT: Prairie Lake Joint Venture- Small Scale Comprehensive Plan Amendment
CASE #: CPA-97-001
ISSUE:
Should the Honorable Mayor and City Commissioners approve the above application to change the
Future Land Use designation of a±5.15 acre parcel from Commercial to Low Density Residential?
BACKGROUND:
The subject property is a vacant parcel located on Hackney-Prairie Road approximately 200 feet
east of Clarke Road, south of Prairie Lakes Subdivision. If approved, the requested Future Land
Use designation change would allow Prairie Lake Joint Venture Partnership to expand Prairie Lakes
Subdivision southward.
The subject property has historically been zoned C-1, Neighborhood Shopping District, which
permits low intensity commercial land uses. When the Future Land Use Element was adopted in
1991, the City of Ocoee was planning to pave Hackney Prairie Road from Clarke Road (a City
arterial roadway) through to Apopka Vineland Road (an Orange County urban collector roadway).
Subsequently,the City eliminated the Hackney Prairie paving project from the Capital Improvements
list, and the demand for commercial property at this intersection is anticipated to decline accordingly.
DISCUSSION:
Staff has determined that the application is consistent with the City of Ocoee's: (1) Comprehensive
Plan; (2) Land Development Code; and (3) surrounding land uses. The requested change is also
consistent with the City's overall goal of establishing an appropriate pattern of land uses.
Specifically, the rezoning would be compatible with the surrounding pattern of low density residential
land uses and zoning districts. Further, since Hackney Prairie Road will only be paved within the City
limits(between Clarke Road and the eastern boundary of Remington Oaks Subdivision),the existing
amount of C-1 zoning will not be needed to support a more limited market area in the vicinity of this
site.
The Honorable Mayor and City Commissioners
September 30, 1997
Page 2
area in the vicinity of this site.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On September 24, 1997, the Planning and Zoning Commission reviewed the proposed amendment
and voted unanimously to recommend approval of the proposed amendment as recommended by
Staff.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners APPROVE Ordinance No.
97-23 providing for a Future Land Use Designation change from Commercial to Low Density
Residential for the Prairie Lake Joint Venture Property (Case # CPA-97-001) upon finding the
application to be consistent with the City of Ocoee's: (1) Comprehensive Plan; (2) Land
Development Code; and (3) surrounding land uses.
Attachments: Location Map
Small Scale Amendment Ordinance
File: C:\ALL_DATA\CAPDFILEISTAFFR-1\CCSR-1\SRP97038.WPD
City of Ocoee Proposed Land Use Change
CPA-97-001 Small Scale Future Land Use Map Revision
Location: approximately 200 feet east of Clarke Road on Hackney Prairie Road.
Size: approximately 5.15 acres.
Proposed Change: From: Commercial
To: Low Density Residential (<4 dwelling units per acre)
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Existing Proposed
Justification:
The subject property is undeveloped and abuts a residential subdivision to the north. In 1988, the City of
Ocoee annexed this property and rezoned it C-1, Neighborhood Shopping District, to satisfy projected
commercial land use demand.
Since 1988, the market demand for commercial property in this quadrant has been focused on two nearby
Clarke Road intersections (SR 50 and SR 438). There are 75 acres of undeveloped commercial property
at those two intersections and an additional 21 acres within a '/2 mile of the subject property. Based upon
the availability of commercial land, the demand for commercial property at this location is expected to
decline:
The property owner has presented a conceptual plan to combine the subject property, as a future phase,
with the residential development to the north. Accordingly, it is recommended that the subject property's.
Future Land Use designation be changed from Commercial to Low Density Residential (< 4 du/acre), as
requested by the property owner.
ORDINANCE NO. 97-23
CASE NO. JOINT VENTURE: CPA-97-001
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
COMMERCIAL TO LOW DENSITY RESIDENTIAL (< 4 DUA) ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 5.15 ACRES LOCATED ON THE
NORTHEAST CORNER OF CLARKE ROAD AND HACKNEY-PRAIRIE ROAD
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. FINDINGS. 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.
b. The Property Owner initiated Amendment No. CPA-97-001 in order.to amend the
future land use designation of its property.
c. Amendment No. CPA-97-001 constitutes a small scale comprehensive plan
amendment within the meaning of Section 163.3187(c), Florida Statutes.
d. On September 24, 1997, the City of Ocoee Local Planning Agency held an advertised
public hearing and recommended adoption of Amendment No. CPA-97-001.
e. On October 21, 1997, the City Commission held an advertised public hearing and
adopted Amendment No. CPA-97-001.
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. AUTHORITY. The City Commission has the authority to adopt this Ordinance
pursuant to Article Vllf 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. COMPREHENSIVE PLAN AMENDMENT. 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 5.15 acres located within the corporate limits of the City of
Ocoee, Florida, (the "Property") is hereby changed from "Commercial" to " Low Density Residential
(< 4 dua) ":
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. OFFICIAL FUTURE LAND USE MAP. 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 No. CPA-
97-001 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 No. CPA-97-001 is in compliance.
PASSED AND ADOPTED this day of , 1997.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED OCTOBER 2, 1997
READ FIRST TIME OCTOBER 7, 1997
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 , 1997.
FOLEY and LARDNER
By:
City Attorney
SHEET 2 OF 2 FOR SKETCH
'SKETCH OF DESCRIPPTIONON°"
(NOT A FIELD SURVEY)
CCMULTANY3 CCO S&].TAD TS
'LAND DESCRIPTION' SHEET 1 OF 2
A PORTION OF LAND LYING IN SECTION 4, TOWNSHIP 22 SOUTH. RANGE 28 EAST, ORANGE COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 4, TOWNSHIP 22 SOUTH. RANGE 28 EAST. ORANGE COUNTY, FLORIDA:
THENCE RUN SOUTH 8922'31' WEST, ALONG THE NORTH UNE OF THE NORTHEAST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4, A DISTANCE OF 1355.40 FEET.
TO THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 4: THENCE. LEAVING SAID NORTHERLY LINE RUN SOUTH 00'52'07"
WEST. ALONG THE EAST UNE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER
OF SAID SECTION 4, A DISTANCE OF 831.665 FEET, TO A POINT, SAID POINT BEING THE
POINT OF BEGINNING: THENCE. CONTINUING SOUTH 00'52'07' WEST, ALONG SAID EAST UNE.
A DISTANCE OF 667.57 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF HACKNEY
PRAIRIE ROAD: THENCE RUN SOUTH 89'52'08" WEST. ALONG THE SAID NORTHERLY RIGHT-OF-WAY
LINE. A DISTANCE OF 396.78 FEET. TO A POINT; THENCE. LEAVING SAID NORTHERLY RIGHT-OF-WAY
UNE, RUN NORTH 00'07'52" WEST. A DISTANCE OF 188.31 FEET; THENCE RUN NORTH 89'52'08'
EAST, A DISTANCE OF 57.39 FEET; THENCE RUN NORTH 00'07'52" WEST. A DISTANCE OF 152.19 FEET;
THENCE RUN NORTH 09'46'22" EAST, A DISTANCE OF 75.91 FEET; THENCE RUN NORTH
14'01'38" EAST. A DISTANCE.OF 77.49 FEET; THENCE RUN NORTH 18'05'33" EAST, A
DISTANCE OF 70.67 FEET; THENCE RUN NORTH 06'01'06" EAST. A DISTANCE OF 55.22 FEET;
THENCE RUN NORTH 00'52'07" EAST, A DISTANCE OF 27.52 FEET: THENCE RUN SOUTH
89'07'53" EAST, A DISTANCE OF 170.00 FEET; THENCE RUN NORTH 00'52'07" EAST, A
DISTANCE OF 32.58 FEET; THENCE RUN SOUTH 59'07'53" EAST. A DISTANCE OF 120.00 FEET, TO
THE POINT OF BEGINNING,
SAID LANDS LYING IN THE CITY OF OCOEE. ORANGE COUNTY, FLORIDA. AND CONTAINING 5,15
ACRES..MORE OR LESS.
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Exhibit A
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