HomeMy WebLinkAboutVI (A04) Second Reading Ordinance No. 97-24, Rezoning – Case No. 97-03-03: Joint Venture Agenda 10-21-97 Agenda 10-7-97
ItemVIA4"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item eA 4
vta YOR ICoMMiSSIONER
` S.SCOTT VANDERGRIFT
Ocoee
f
.0 COMMISSIONERS
06.14 CITY OF OCOEE DANNY HOWELL
� I
150 N.LAKESHORE DRIVE SCOTT ANDERSON
SCOTT A.GLASS
�+ p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
o�,. (407)656-2322
CITY MANAGER
r��POP GOOs`(1)._.......)45
ELLIS SHAPIRO
STAFF REPORT
DATE: September 30, 1997
TO: The Honorable Mayor and City Commissioners
THROUGH: Russell B. Wagner, AICP Director of Plannin ,
99
•
FROM: Abra E. Home, AICP, Senior Planner
SUBJECT: Prairie Lake Joint Venture Partnership Rezoning (Case#R-97-03-03)
ISSUE:
Should the Honorable Mayor and City Commissioners approve the above application to rezone a
±5.15 acre parcel from C-1, Neighborhood Shopping District to R-1A, Single Family Dwelling
District?
•
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. Surrounding properties to the north and
east are zoned R-1A, Single Family Dwelling District, and parcels to the west and south are
predominantly scheduled for low density residential uses. Although the current Future Land Use
designation of the subject property is Commercial, Prairie Lake Joint Venture Partnership is
simultaneously requesting a Small Scale Comprehensive Plan Amendment to change the Future
Land Use designation to Low Density Residential. These two applications, if approved, would allow
Prairie Lake Joint Venture Partnership to expand Prairie Lakes Subdivision southward.
•
DISCUSSION:
The rezoning application would be consistent with the Ocoee Future Land Use Map, if amended as
requested by Prairie Lake Joint Venture Partnership. The proposed rezoning would also be
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 this
vicinity.
2r,
The Honorable Mayor and City Commissioners
September 30, 1997
Page 2
- PLANNING AND ZONING COMMISSION RECOMMENDATION:
On September 24, 1997,the Planning and Zoning Commission reviewed the proposed rezoning and
voted unanimously to recommend approval of the proposed rezoning as recommended by Staff.
STAFF RECOMMENDATION: -
Staff recommends that the Honorable Mayor and City Commissioners APPROVE Ordinance No.
97-24 providing for a rezoning from C-1 Neighborhood Commercial to R-1A, Single Family Dwelling
District for the Prairie Lake Joint Venture Property (Case # R-97-03-03) upon finding the
application to be consistent with the City of Ocoee's: (1) Comprehensive Plan, (2) Future Land Use
Map (as amended), and (3) Land Development Code.
Attachments: Location Map
Rezoning Ordinance
C:\ALL_DATA\CAPDFILESTAFFR-1\CCSR-1\SRP97039.WPD
• City of Ocoee Proposed Rezoning
• . R-97-03-03 Zoning Map Revision .
•
Location: approximately 200 feet east of Clarke Road on.Hackney Prairie Road.
Size: • approximately 5.15 acres.
. . Proposed Change: From: C-1, Neighborhood Shopping District
To: R-1A, Single Family Dwelling District
•
•
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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 1/z 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
zoning classification be changed from C-1 to R-1A, as requested by the property owner.
•
The Orlando Sentinel,Thursday,October 2, 1,997 1-13.
NOTICE OF PUBLIC HEARfNG!nia
TO CONSIDER ADOPTION OF PRO-
POSED REZONING ORDINANCE NO.•
97-24 CASE NO.R=97-03-03:JOINT
VENTURE REZONING. . •
NOTICE IS HEREBY GIVEN,,pursuaat•
to Section 168.041,.Florlda Statutes
and Sections 1-10 and 5-9;Ocoee Lent];
Development Code,.that.on-Tuesday,_;
October 21','1997•-at'705.p.m.,or as
'soon thereafter-.as-'practical,•.the•
'.00OEE CITY COMMISSION will hold a.
PUBLIC HEARING at the City Commis-
sion Chambers,150.North Lakeshore
,Drivel Ocoee,.Florida;twconslder on '
the second'of:two readrnga'the adop-
tion of the following ordinance:.'::- t.
ORDINANCE NUMBER 97-24
CASE•NO. R-9743-03:'JOINT_'
VENTURE REZONING' •
•'-AN.ORDINANCE.OF•_THE.CITY..
- OF OCOEE,•FLORIDA CHANG- •
ING THE ZONING.CLASSIFICA •
,TION FROM•C;2;:COMMUNITY;.'
."COMMERCIAL DISTRICT,TO•.R-'.
'1A, SINGLE-FAMILY RESIDEN-••,•
TIAL DISTRICT,ON.CERTAIN
AL PROPERTY CONTAINING AP
PROXIMATELY 5.15 -ACRES
LOCATED ON THE NORTHEAST:-
:CORNER :OF CLARKE ROAD
AND HACKNEYPRAIRIE.ROAD
PURSUANT.TO'THE.APPLICA
•TION SUBMITTED BY THE PROP-'
ERTY OWNERS;FINDING SUCH
ZONING TO BE CONSISTENT.
WITH THE OCOEE .COMPRE-'
HENSIVE PLAN; PROVIDING.
FOR AND AUTHORIZING THE,
REVISION OF THE OFFICIAL
•
CITY ZONING MAP;REPEALING
INCONSISTENT ORDINANCES
PROVIDING FQR SEVERABIIJTY•'
PROVIDING FOR AN EFFECTIVE
DATE. -
The City Commission may continue the
public heey aring to other dates and times
as party shall be ad that the ereses
times,and places o1 any continuation of
this or continued public hearings shall
be announced during the hearing and
that no further notices regarding these
matters will be published..
Interested parties may appear.at the
meeting and be heard regarding the
proposed Rezoning Ordinance.A copy
of the proposed ordinance maybe in-
spected at the City Clerk's office, 150
North Lakeshore Drive, between the
hours of 8:00 a.m.and 5:00 p.m.,Mon-
day through Friday,except legal holi-
days.Any person.who desires to ap-
peal any decision made during the
public hearing will need a record of the
proceeding and for this purpose may
need to ensure that a verbatim record
of the proceedings is made which in-
dudes the testimony and evidence up-
!.on which the appeal is based.Persons
. with disabilities needing assistance to
. participate in any of the joroceedings
should contact the City Clerk's Office
48-hours in meeting at(407).058.2322
.JEAN GRAFTON,CITY.CLERK;CITY
OF OCOEE• _
. October 2;1997 ...` -
OLS1750707 � OCT.2,1/E7
P
ORDINANCE NO. 97-24
CASE NO. R-97-03-03: JOINT VENTURE REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING
CLASSIFICATION FROM C-2, COMMUNITY COMMERCIAL DISTRICT, TO R-1A,
SINGLE FAMILY RESIDENTIAL DISTRICT, 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; FINDING SUCH
ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to
rezone said real property to R-1A, Single Family Residential District (the "Rezoning"); and
WHEREAS, pursuant to Section 5-9 (B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the Planning Director has
reviewed said Rezoning application and determined that the Rezoning requested by the Applicant
is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28,
adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed
said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that
the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is
in the best interest of the City and has recommended to the Ocoee City Commission that the zoning
classification of said real property be "R-1A, Single Family Residential District", as requested by the
Applicant, and that the Ocoee City Commission find that the Rezoning requested bythe Applicant
is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission held a de novo advertised public hearing with
respect to the proposed Rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that the Rezoning requested by
the Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
•
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and
166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of
the following described parcel of land containing approximately 5.15 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby changed from "C-2, Community Commercial
District" to "R-1A, Single Family Residential District":
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
A map of said land herein described which clearly shows the area of Rezoning is attached
hereto as EXHIBIT "B" and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN CONSISTENCY. The City Commission hereby
finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed
to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180
of the Ocoee City Code.
SECTION 5. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 6. 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.
Y
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage and adoption.
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 & LARDNER
By:
City Attorney
SEE SHEET 2 OF 2 FOR S7CE7l 1
"SKETCH OF OESCRJP770N" acl
(NOT A FIELD SURVEY) .. - • .
CCteaId.7N11T9 CCO ULTAP1Ts
"LA NO OFSCRlPnON" SKEET 1 OF 2
A PORTION OF LAND LUNG 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 s, TOWNSHIP 22 SOUTH. RANGE 28 EAST, ORANGE COUNTY, FLORIDA;
THENCE RUN SOUTH 8922'31' WEST, ALONG THE NORTH LINE 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 OISTANCE 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.or38" 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 32.53 FEET: THENCE RUN SCUTH 99'07'33" EAST. A DISTANCE OF 120.00 FEET. TO
THE POINT OF BEGINNING.
SAID LANDS LYING :N THE CITY OF OCOEE. ORANGE COUNTY, FLORIDA. AND CONTAINING 5.15
ACRES..MORE OR LESS.
Exhibit A
d
'rt N. UNE OF NE. 1/4.OF SE. 1/4
<< I". 4\v' I OF SECTION 4-TZZS-R2EE
W _IL. I S 89'22'31_w _ 1355.40'
cc
cd NE CORNER OF P. O.C. 11111
SOLID4ERLY BOUNDARY UNE OF NW. 1/4 OF
PRAIRIE LAKE Na UGE. PHASE 1 In i0 SE. 1/4 OF NE. CORNER OF
w P.9. 26. PCS 69 k 70 SECTION 4-T22S-R2BE NE. 1/4' OF
4
} I SECTION -T 225-R2BE
N co
N
1 in
VI J tM. .
I I WO A!
1\ it ..
CC I
V •
I I 1
S 89'07'53- E
J I . N 89'0733- ',V 120.00'
rN I 170.00' - 1
v :/---1
I �, \11 P. O.8.
•
1I
I1 u7
I I .o
1 CONTAINING:
f 5.15 ACRES
,`a i r
I i 1 '11
I I 0
1 1 ..n
I I r1
50 \ S 39'52'08" 'N
396.78' I — —
�- A — NORTHERLY RIGHT-OF-'WAY,UNE OF HACKNEY PRAIRIE ROAD
CA_ HACKNEY PRAIRIE ROAD
Exhibit B