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Home My WebLink AboutOrdinance 97-03 ORDINANCE NO. 97-03 CASE NO. CPA-96-003: SILVESTRI- PRAIRIE LAKES 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 ON CERTAIN REAL PROPERTY CONTAINING 9.26 ACRES (MORE OR LESS) LOCATED APPROXIMATELY 1,280 FEET NORTH OF THE I NTERSECTION OF HACKNEY PRAIRIE ROAD AND CLARKE 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. 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 Number CPA-96-003 in order to amend the future land use designation of its property. c. Amendment Number CPA-96-003 constitutes a small scale comprehensive plan amendment within the meaning of Section 163.3187(c), Florida Statutes. d. On December 10, 1996, the City of Ocoee local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number CPA-96-003. e. On January 7, 1997, the City Commission held an advertised public hearing and adopted Amendment Number CPA-96-003. f. All required public hearings have been held after due public notice in accordance with Chapter 163, Fiorida 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 9.26 acres located within the corporate limits of the City of Ocoee, Florida, (the "Property") is hereby changed from "Commercial" to "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 CPA-96-003 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 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 CPA-96-003 is in compliance. PASSED AND ADOPTED this ? 7i day of ...TIrA.Ju,+(ll( ,1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA <::. (SEAL) ADVERTISED DECEMBER 5, 1996 '" READ FIRST TIME DECEMBER 17,1996 READ SECOND TIME AND ADOPTED cJANUA{t.~ ,( Iff? Under Agenda Item No. "ft.3 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO F RM AND LEGALITY this 7 dayof,' \,}u ,1997. ~ "R...a.. f\.LA.Il\J I ~ -.:t l.. . q le "tD ~ ~~\o,) ~b-'tJ ~ ~ ~ ol...o..tL ~ \-'l-'\/e -tD \-'1-q,:-- FOLEY an RDNER By: City Attorney I...., L~' I I I I I .~" ,,', = = r - - - _\ ,t '.", . '" ,~, I Yr I I,,'" l\~" "~" ; I L " :'~~\ I: u_ -T-.~ A I I ~.., ~"I ,yi~ I' ~ --.TAII1'S ~ --.TAII1'S I i 11-- , - , ~ ., I'" EXHIBIT RAR City of Ocoee Planning Department Legal Description of Silvestri Property SEE SHa:r Z OF Z FOR SK(1t:H "SKE:Tr:H OF DESailPl1ON- (NOr A FIELD SIJR'rCY) '7 ..Nfl n~r.RIP"'ON. lliA T P<lRnON OF SEC110H .. TO'M'lSHIP 22 SOUlli RANCE 211 EAST. CRANCE COUNTY. fl.0Ill0.... BEING WORE PARnCUu.ALY OESCllIBED AS fOlLOWS: CO...WENCE AT '!liE NOR'!liEAST ONE-OUARTER 01" '!liE SOU'!liEAST ONE-QUARlER, Of' SEcnOH .. TO'M'lSHIP 22 SOUlli. RANCE 211 EAST. ORANCE COUNTY. flORIO.... lliENCE RUN SOUlli 89"22'J'" \>€ST. ALONG THE NORlli UNE OF lllE NORlllEAST OHE-QUARTt;R Of' lliE SOUlllEAST ONE-llUARlER Of' SAID SEcnOH 4, A OISTANCE Of' 1~40 fEET. TO lllE NORnlEAST CORNER OF lliE NORlliWEST ONE-OUARlER OF lliE SOUlliEAST ONE-OUARlER Of' SAID SEcnON 4. SAlO f'QNT ALSO BEING THE f'QNT OF BECINNlNG. AND ALSO BEING ON lliE SOUlliER1..Y BOUNDARY UNE OF PRAlRIE l.AKE ....u..AC% PHASE I. ACCORDING TO lllE Pl.AT lllEREOf'. AS RECORDED IN Pl.AT Boa< Ja. PACES 89 k 70 OF lliE PlJeuc RECORDS OF ORANCE COUNTY. flORlOA: Tl4ENCE. ALDNC lliE SAID SClUlliERLY BOUNDARY Ul'lE OF PRAIRIE t.AAE ....u..ACE PHASE I. RUN NORlli 89'49'JJ" WEST. A DISTANCE Of' 6%7.90 fEET. TO A PONT ON THE EAS1t:RlY RIQ4T-oF'-WAY UNE OF CLARKE ROAD. '!liENCE RUIN SClUlli 01",0'or wEST. ALONG T1-tE SAID EASTERLY RIGHT-OF-WAY UNE. A DISTANCE OF 58J.17 FEET. TO A POINT: lliENCE. LEAIIING SAID EAStUlLY RIGHT-Of-WAY UNE. RUN SClUlli 89'49'53'" EAST. A DISTANCE Of' 143007 fEET: lliENCE RUN SOUlli 2:i"OT' r EAST. A DISTANCE OF 10l1.811 FEET: lliENCE RUN NORlli 89'22':n" EAST. A OISTANCE OF 150.0J fEET: lllENCE RUN NORlli 00~2'or EAST, A DISTANCE OF 27.5\ FEET: lliENCE RUN SOUlli 89"OT5J" EAST. A OISTANCE OF 170.00 FEET: lliENCE RUN NORlli OO"5z'or EAST. A OtSTANCE Of' J2.58 fEET: lllENCE RUN SOUTH 89'OT5J" 'Io€ST. A QlSTANCE Of' t ZO.OO FF:ET. TO A POINT ON lliE EAStUll Y UNE Of' '!liE NOR'!liwEST ONE-QUARTER Of' lllE SOUTHEAST QNE-OUARlER OF SAID SEtnON 4: THENCE RUN NORtH O0"5z'or EAST. ALONG SAID EAST UNE. A DISTANCE Of' 556,65 FEET. TO lliE POINT Of' BEQNNING. SAlO LANDS L liNG IN ORANCE COUNTY. flORlDA ANa lliE CITY Of' OCOEE. AND CONTAINS 9.16 ACRES. "ORE OR ~ SEE SHEEr 1 OF Z fOR a~P17ON -sxF:TCH OF DESCRJP110lr (NOr A FIELD SUR'<f:Y) . ~ .a.t ~ ~ ,.. ;-.: ~ ," ,. ~ ~ ,. ~ .'. .. ~.. ~ : .. l.";. ,. ~; J j; ~ " .- -- , " ~ o " i a ~ S B9'n"JI' W , 62'7.90' DI1MIJLY' ~ UJC ~ PftHR<< U4. .~ PMASE I Po&. .:&.1'f'::S..Y"1O ... #\ "_<F~~I% I " 5l'C1XIt .... rzz:I-t1t2K S B9'22":n:. W_ _ 1355.40' ~ \..~ ~~~I _'C.c::cllN[lltCIT Sl:.l/4.CI "... 114 Of ~ 1/4 SiECDIII 4-r.z:zs...<<2K CtFsu::JCIriI4-~ On '" ;:; '" .... Q k ~ ,': 't .. - a < "' ~ .' ~ ,. Q:: 0 ! I~ ~ l~ .3 "' 't i \3 (j I ~, I LI I (. L.5 ~ \; I '.J - i .. - ,"': - ,/ i,-7::"Wr~J:.:.::~"1:-,7 .-.;"'<~i~~~~~~~:H..~'~m:lZi~,:m:I:'~'1S~-""''''' City of Ocoee CPA-96-003 - ..z-:ll!ll'''2m.'''~''- a\~:.!Z' Proposed Land Use Change Small Scale Future Land Use Map Revision Location: Size: approximately 9.26 acres. approximately 1,280' north of the intersection of Hackney Prairie Road and Clarke Road. Proposed Change: From: Commercial To: Low Density Residential (< 4 dwelling units per acre) ~ -N- ~ RIE Existing J -N- ~ 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 ~ mile of the subject property. Based upon the availability of commercial land and a recent decision not to pave Hackney-Prairie Road, the demand for commercial property at this location has declined. 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. EXHIBIT -B- )w ): f' '," ,~,r , LJ' /" C;}l" ,~ t' i. ~ 4. Tile Or',;..nac Sentinal, Thursday, l)ocenllJer !5, '9':.6 , ORANGE I SEMltK " LEQALNOTlCE$,\t' <~.".':"'+7:~n":""'<"", ,~. -,''t''"", /':'0\ 3[;; '---- "', ~~~,,~ """"--_10111)'- - a11hio _ '-'"II OUCh penon....-._ot_. ~~~~~~~ cord ot the prOCeedmgs IS made at their own expenee and wncn l'KOf'd jn.. "'"_the -.ony _ -on,; ~~"':~WItII, ~Iv:it~~_ ~~.~~~. Iic:opalainlhll_lhannat... ",'than _ 00__01\'1 prtct 10 lho~_lIiIIt :::.~~~~S.:> 1lon~~t_I!oIalinc!"", ~_,ar~~ 836-7372. C""h' ,,'-I,' .. ~." , '_ " YO. -lIlY ~ tonCIm/ng ... Not.ice, ~ CIll <007-838-6no. ....... O. ~ Courox Ccmpoohr , AI o.kof....," ,:,',1,-, " _', '.': ," BnInl"'~ecr--., ,'-', ~~~Of:-c.5'21~ 1_"..'1-",>.. F,,'"r~.:r."{Y '"