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Home My WebLink AboutVI (A03) Second Reading Ordinance No. 97-23, Amend Comprehensive Plan – Case No. CPA-97-001: Joint Venture Agenda 10-21-97p Agenda 10-7-97 "CENTER OF GOOD LIVING-PRIDE OF kt ORANGE" Item VII A 3 ' MAYOR•COMMISSIONER S.SCOTT VANDERGRIFT Ocoee O T `, �+ COMMISSIONERS Ifir' • CITY OF OCOEE DANNY HOWELL -?. ► • f--2-= 150 N. LAKESHORE DRIVE SCOTT ANDERSON Q OCOEE FLORIDA34761-2258 SCOTTA.GLASS p NANCY J.PARKER (407)656-2322 4r CITY MANAGER (4-3_,Op GOO`tea 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. Horne, AICP, Senior Planner --6 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\CAPDFILE\STAFFR-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) RD ock: LDRI LDR LDR // LDR PROPERTY . SUBJECT ,� ,.., Y PROPERTY A % t :,„.\ ,.„.., ., MDR ,ccmj :=1, '%& /./ ,>/x\ \ , / ,... , .d. , ..,„....,..„„w... 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. • • The Orlando Sentinel,Thursday,October 2,1997 1-13 'NOTICE OF•CHANGE OF•LAND" USE AND NOTICE OF PUBLIC HEAR: 'ING BY THE OCOEE'CrrY COMMIS SION TO AMEND THE OCOEE CITY' COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN,pursuant to Section• 163.3187 (1)(c) and 166.041(3),Florida'Statutes,and Sea• "lions 1.8, 1-10 and 5-9;Ocoee•Land Developmenteroo s Code, that the��ng Ocoee proposes to ordinance: • -- a ORDINANCE NUMBER•97-23'• •CASE NO.CPA-97-001". (JOINT VENTURE AMENDMENT) AN ORDINANCE OF THE CITY • OF OCOEE,'FLORIDA,AMEND- " ING THE OCOEE COMPREHEN- . SIVE PLAN AS ADOPTED ON . SEPTEMBER'18r 1991 8Y ORDI- , NANCE NO.91-28,AS AMEND- ' ED, AS FOLLOWS: AMENDING• FIGURE 2 OF APPENDIX A.TO " CHANGE THE FUTURE LAND . j 'USE DESIGNATION FROM'COM- MERCIAL 'TO LOW DENSITY-•' RESIDENTIAL (< 4 DUA)"'ON CERTAIN REAL PROPERTY CON- TAINING APPROXIMATELY 5.15 . ACRES LOCATED ON THE ' NORTHEAST CORNER OF. • CLARKE.ROAD AN HACKNEY= PRAIRIE ROAD PURSUANT:TO ; THE APPLICATION SUBMITTED BY THE.PROPERTY OWNERS;, PROVIDING FOR AND AUTHO- RIZING THE REVISION OF THE . OFFICIAL FUTURE'USE MAP; .PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE. DATE. -The proposed ordinance concerns.a small scale amendment to the Future Land Use Map of the Ocoee Comore-. hensive Plan which will change the Fu • - ture LanpdeTrUU'se 11esi of the•• • i!lsectr The fdnntlal C<4 dee91ig to is . cad on the"iiortheeasstt .01 t prcperty wo Road and Hackney-Prairie Road and has alas parcel Identifcati n runber,of 04 0m5.22.287-0000-0 ... . The Ocoee City Commission ail hold a public hearing on the proposal'on Tuesday, October•21,-199 at 7:15 p.m.,at the Ocoee CCommission Chambers 150 NorthLakestnre Drive, •Ocoee,Florida the City Commission .may continue ihe•ppblce bee tooth- . er dates en tim ne c- essary. es as they deem ne aadvisedth y at the dates,"tlrt'Interested�and"pteo• es d.any continuation of h s 0r con c • - ued public::hearings:shall.be an- • nouuad during the.t o and that no further notices'regarding these nras= - wip ba publL4iled..:.^ .'::r,.'---r.•:. • A Mhe proposed rri e and relatedlate-documents may be inspected by'the public,at the Ocoee Planning' Department, 150. North•Lakeshore Drive, Ocoee,-Florida, between the hours of 8:00 am,and 5:00 p.m.,Mon- day through Friday:except legal'holi- days. Interested parties.may appear at the . public hearing and.be heard with re-. sped to the,proposed Ordinance.My • person wishing to appeeJ any decision made with respect to airy matter con- sidered at the public hearng 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 partidpate•in any of the proceedings should contact the City • Clerk's Office 48 hours in meeting at (407)656.2322 . JEAN ORAFTON. • CITY CLERK CITY OF OCOEE . • October 2,1997 OLS1750745 OCT.2,1997 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 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. 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 u` I SEE SHEET 2 OF 2 FOR SKETCH 'SKETCH OF DESCRIPTION'.arL (NOT A REED SURVEY) Gt1Z711Plis ,� 2 ANO OF'SC41PIION" SHAFT i OF 2 A PORTION OF LAND LYING IN SECTION A. 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 UNE 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 631.65 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 UNE. 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'S2'08" 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'O5'33" EAST. A DISTANCE OF 70.67 FEET: THENCE RUN NORTH O6'01'O6" EAST. A DISTANCE OF 55.22 FEET; THENCE RUN NORTH 00'52'07" EAST, A DISTANCE OF 27.52 FEET; THENCE RUN SOUTH B9'07'53" EAST. A DISTANCE OF 170.00 FEET; THENCE RUN NORTH 00'52'07" EAST, A DISTANCE OF 32.55 FEET: THENCE RUN SOUTH 39'07'53" EAST. A DISTANCE OF 120.00 FEET, TO THE POINT OF BEGINNING. SAID LANDS LYING :N THE CITY OF OCCEE. ORANGE COUNTY, FLORIDA. AND CONTAINING 5.15 ACRES. MORE OR LESS. Exhibit A v a • p I . I �4 N. UNE OF NE 1/4 OF SE 1/4. o I J �L I • OF SECTION 4-T22S-R28E cc La I S 89'22'31 W 1355.40' cc NCI W {� 7- LIY8CUNOJYUNEOF \�. NE CORNER OF P. O.C. lip, PRAIRIE LAKE VILLAGE. PHASE I cc) SE.SE. 1/4 OF NE 14 OF C OF NER OF J P.B. 26. PGS 69 k 70 � SECTION 4-T22S-R28E 1/ 4 OF Ica I SECTION 4-722S-R28E W W N m I Q i � I — In s ^ o NE In "O Q b 0 Q wv W � S in . I I "0 A I I 7 i r. V I I 1 1 I S 89'07'53 I E N 89'07.53" W :20.00' II N 170.00' — C 1 C1 en \11111P. O.B. a i I in . I I J LC I 1ta I CONTAINING: I". 1 5.15 = ACRES Al j I r. ;1 •I I • o I r i I C • I Ca =0' I S 89.52'08" w 396./8, I • I 0 L NORTHERLY RIGHT-OF-WAY UNE OF HACXNEY PRAIRIE ROAO C/L HACKNEY PRAIRIE ROAD. 1 Exhibit B