Item VI (A & B) - Second Reading & Public Hearing Ordinance No. 90-52 Case No. 1-15 R-90 Silverstri Rezoning F O L E Y & LA R D N E R
I 1 I NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM February 15 , 1991 CHICAGO, ILLINOIS
TO The Honorable Mayor and City Commission of the
City of Ocoee ��
FROM Paul E. Rosenthal, Esq. , City Attorney 162.11-RE Public Hearings : (1) Amendment to Land Use
Plan/Prairie Lakes PUD; and (2) Ordinance No.
90-52, Case No. 1-15R-90 : Silvestri (Rezoning)
As of the date of this memorandum, we have not reached a final
agreement between the City Staff and the Developer of Prairie
Lakes with respect to a Developer Agreement addressing issues
relating to Clark Road and Hackney-Prairie Road. Warren
Williams, attorney for the Developer, is reviewing certain
issues with his client and has not received a final decision.
As a result, a Developer Agreement will not be presented to
the City Commission for approval at the February 19 City Com-
mission meeting.
Additionally, the property owner is currently addressing in-
ternal issues regarding the structuring of the ownership of
the property. The resolution of these internal issues will
likely affect the manner in which a Developer Agreement is
executed. This is necessary in order for the Developer to
avoid any adverse tax consequences . I anticipate that it
will be another one to two weeks before this internal matter
is settled by the Developer .
Accordingly, it is the recommendation of the City Attorney
that the City Commission again continue the public hearings
on the above-referenced matters . At the February 19 meet-
ing, I will advise you whether this continuation should be
to the March 5 or March 19 meeting.
RECOMMENDATION:
It is the recommendation of the City Attorney that the City
Commission continue the public hearings on the proposed
Amendment to the Land Use Plan and Ordinance No. 90-52 to a
meeting in March to be set at the City Commission meeting.
cc: Mr. Ellis Shapiro, City Manager
Mr. Bruce Behrens, Planning Director
Warren E. Williams, Esq.
01:141 bI ,AUr'UX IeIecupier 'IUYU i L-11 I IU.UJ , 40 (0401140 '
AGENDA 2-19-91
Items VI A & B
FOLEY & LARDNER
ill•
NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 328OI-238e
T[LLr.IiONE (407) 4E3-7888
FACSIMILE (407) 848-1743
TAMPA, FLORIDA MAILINO ADDRESS: MILWAUKEC, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE 50x a 103 MADISON,WISCONSIN
TALLAHASSEE, FLORIOA ORLANDO, FL 32ao2-2193 WASHINGTON, D.C.
WEST PALM LEACH, FLORIDA ALCXANORIA, VIRGINIA
ANNAPOLIS, MARYLAND
MEMORANDUM February 15, 1991 CHICAGO, ILLINOIS
TO : The Honorable Mayor and City Commission of the
City of Ocoee �j
FROM : Paul E. Rosenthal , Esq. , City Attorney P L�1
RE : Public Hearings: (1) Amendment to Land Use
Plan/Prairie Lakes PUD; and (2) Ordinance No.
90-52, Case No, 1-15R-90 : Silvestri (Rezoning)
As of the date of this memorandum, we have not reached a final
agreement between the City Staff and the Developer of Prairie
Lakes with respect to a Developer Agreement addressing issues
relating to Clark Road and Hackney-Prairie Road. Warren
Williams, attorney for the Developer, is reviewing certain
issues with his client and has not received a final decision.
As a result, a Developer Agreement will not be presented to
the City Commission for approval at the February 19 City Com-
mission meeting.
Additionally, the property owner is currently addressing in-
ternal issues regarding the structuring of the ownership of
the property. The resolution of these internal issues will
likely affect the manner in which a Developer Agreement is
executed. This is necessary in order for the Developer to
avoid any adverse tax consequences . I anticipate that it
will be another one to two weeks before this internal matter
is settled by the Developer.
Accordingly, it is the recommendation of the City Attorney
that the City Commission again continue the public hearings
on the above-referenced matters . At the February 19 meet-
ing, I will advise you whether this continuation should be
to the March 5 or March 19 meeting.
RECOMMENDATION:
It is the recommendation of the City Attorney that the City
Commission continue the public hearings on the proposed
Amendment to the Land Use Plan and Ordinance No. 90-52 to a
meeting in March to be set at the City Commission meeting.
cc: Mr. Ellis Shapiro, City Manager
Mr. Bruce Behrens, Planning Director
Warren E. Williams, Esq.
• , f AGENDA 2-05-91
Item V A
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" AGENDA 2-19-91
Ocoee Item VI A
de
''� °_ CITY OF OCOEE COMMISSIONERS
CI. 150 N.LAxESHORE DRIVE RUSTY JOHNSON
Ci O OCOEE FLORIDA 34761 PAUL W.FOSTER
(407)656-2322 VERN COMBS
�fe3
, SAM WOODSON
~,'* Of 0000 �`,` CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMINSSIONERS
FROM: BRUCE C. BEHRENS, DIRECTOR OF PLANNING $C,
DATE: JANUARY 21, 1991
SUBJECT: SILVESTRI INVESTMENTS, INC. , AMENDMENT TO PRAIRIE LAKE
P.U.D. LAND USE PLAN, DATED OCTOBER 25, 1990 AND
CONDITIONS OF APPROVAL, AS REVISED JANUARY 8, 1991
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve
the attached Land Use Plan Amendment and attached Conditions of
Approval?
BACKGROUND AND DISCUSSION
Prairie Lake P.U.D. consists of a 278 +/- acres project located on
the Clark Road corridor between A.D. Mims Road and Clarcona-Ocoee t
Road. It was initially approved with Conditions of Approval on
December 9, 1986. The present Land Use Plan Amendment was approved
by the Development Review Committee on December 13, 1990. It was
presented to the Planning and Zoning Commission on January 8, 1991
at an advertised public hearing and was unanimously recommended for
approval by the Planning and Zoning Commission.
The purpose of the proposed amendment is to accomplish the
following objectives:
1. Assure that all plans and agreements are adopted in
accordance with all applicable City Code provisions;
2 . Update the previous agreements to reflect the current
conditions and programming for the development of Clark
and Hackney-Prairie Roads and see Conditions of Approval
#3 , #18 , and #23 .
3 . Eliminate any inconsistencies between the Land Use Plan,
Development Notes, and Conditions of Approval; and
A
Page 2
Prairie Lake PUD Staff Report
January 21, 1991
4 . Lay the groundwork for finalizing a Developer's Agreement
relating to road improvements, impact fee credits, and
related infrastructure improvements and cost sharing.
See attached City Attorney's January 8, 1991 memorandum for a more
detailed presentation of the project's history and discussion of
the present status of the negotiation of the Developer's Agreement,
namely the construction cost sharing and construction time tables
for Clark Road. Please note that a critical condition of the
Developer's Agreement will be that no Certificates of Occupancy
will be issued for any structures located on any portion of the
Prairie Lakes PUD or any other lands located to the north owned by
the Developer until such time as the entire segment of Clark Road
(Note: on lands under control of Silvestri) has been constructed
and accepted by the City.
RECOMMENDATION
The staff recommendation and that of the Planning and Zoning
Commission to approve the attached Land Use Plan Amendment and
Conditions of Approval is conditioned upon and made subject to the
execution of a Developer's Agreement acceptable to the City of
Ocoee.
cc: Paul Rosenthal, City Attorney
Warren Williams, Attorney for Prairie Lake PUD
Scott Henderson, Glatting, Lopez, Kercher and Anglin
FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN
III Noa?II eaANae AV:Nut, SUITE leoo
ORLANDO, FLORIDA 32801 - 238.6
TEL2rHONE (407) 4e3- 7111
FACSIMILE 14071 443 - 1743 �•
OLEY 6i LARIONEN
IN MILWAUNE[, wIA CONAIN f-
MAILING ADOREA8: MADISON, WISCONSIN
FOLEY & LARDNEF! POST ()MCC SOX 215CHICAGO, ILLINOIS3 ITASCA, ILLINOIS
777 LAST WlacpNelN AVENUE ORLANDO, FL 321102 • 2193 WASHINGTON. 0. C.
MILWAUKEE, WIS. 53202 • 5387 ALEXANDRIA, viNoINIA
ANNAPOLIS, MARYLAND
T2LEPHONE (414, 271 -2400 ,/ACKSONVILLE, FLORIDA
TELEX 2i-U i TALLAHASSEE, FLORIDA
MEMORANDUM p h TAMPA, FLORI0A
ME'MORANDUM January 8 , 19 91 WreT PALM BEACH, FLORIDA
TO : City of Ocoee Planning and Zoning Commission
FROM Paul E. Rosenthal , Esq. , City Attorney
RE : Amendment to Prairie Lakes PUD Land Use Plan
As indicated in the memorandum from Bruce Behrens, dated
December 20 , 1990 , a second review of the Amendment to
the Prairie Lakes PUD Land Use Plan has been scheduled
for a public hearing in order to comply with requirements
of the City Code. Subsequent to the October 9 , 1990 con-
sideration of the proposed Amendment, the Planning Director
and the City Attorney have met On several occasions with
the Developer of Prairie Lakes. The purpose of these meet-
ings was to accomplish the following objectives; (1) as-
sure the adoption of the proposed Amendment in accordance
with all applicable City Code provisions, (2) update the
previous approvals so as tobe consistent with the current
City programming for the development of Clark Road and
Hackney-Prairie Road, (3) bring the existing PUD into com-
pliance with the current provisions of and terminology
used in the PUD Ordinance, (4) eliminate any inconsistencies
between the Land Use Plan and the Development Notes and
Conditions of Approval, and (5) finalize a Developer Agree-
ment relating to road improvements and impact fee credits
with respect thereto.
The Development Review Committee reviewed the proposed
Amendment to the Prairie Lakes PUD and the Conditions of
Approval with respect thereto at its meeting of December 13 ,
1990 . At that time, all outstanding issues between the City
and the Developer were resolved. Attached hereto is a copy
of the Conditions of Approval of the Land Use Plan as ap-
proved by the DRC. By way of background, the City Commission
previously approved Conditions of Approval in December 1986 .
Due to the prior City Commission approval , the City hasnot
attempted to renegotiate the Conditions of Approval.
Development Notes on the Land Use Plan and the Conditions of
Approval simply consolidate the prior approval of the City
Commission, include updates necessary to comply with the ex-
isting PUD Ordinance, and address current issues with respect
to road improvements.
3U l UY:Xerox Ielecopier /02U ; 1- 0-91 : 12; 33 4U764U1743.1 4U'1 656 51254 3
City of Ocoee Planning and
Zoning Commission
Amendment to Prairie Lakes PUD
Land Use Plan
Page 2 January 8 , 1991
The City and the Developer are currently negotiating the
final terms of a Developer Agreement addressing issues re-
lated to Clark Road and Hackney-Prairie Road and road im-
pact fee credits with respect thereto. The current pro-
gram calls for the Developer Agreement to provide that the
Developer will , within five (5) years from the date of the
Developer Agreement, commence construction of Clark Road
from A.D. Mims Road north to Clarcona-Ocoee Road, all at
the Developer's sole cost and expense . Road impact fee
credits will be provided. The Developer 's segment of
Hackney-Prairie Road will be constructed by the Developer
in order to coordinate its timing with surrounding develop-
ment, subject to the County allowing the road to be extend-
ed prior to the construction of Clark Road. A critical con-
dition is that no Certificates of Occupancy will be issued
for any portion of the Prairie Lakes PUD or other lands to
the north owned by the Developer until such time as the en-
tire segment of Clark Road has been constructed and accept-
ed by the City. The staff recommendation and approval by
the DRC is conditioned upon and made subject to the execution
of a Developer Agreement acceptable to the City.
RECOMMENDATION:
It is recommended that the following action be taken by the
Planning and Zoning Commission: "that the Planning and Zoning
Commission approve (i) the Land Use Plan (Master Plan Amend-
ment) , dated August 5 , 1985 , as revised through October 25 ,
1990 and prepared by Glatting, Lopez, Itercher, Anglin under
Project No. 3492 .01 , and (ii) the Conditions of Approval (Land
Use Plan Amendment Development Conditions) , as revised through
November 14 , 1990 and approved by the Development Review Com-
mittee at its meeting of December 13 , 1990 , such Approvals
being subject to the execution of a Developer Agreement accept-
able to the City. "
per/etb Paul E. Rosenthal
enc.
Carbon copy with enclosure to:
Mr. Ellis Shapiro, City Manager
Mr. Bruce Behrens , Planning Director
TT 1 1 t f?n T
bENI BY:Xerox lelecuuitl iucu , 1,GLK K A TEL : 407-839-1789 Jan 8 ,91 10 :48 No .008 P .02
Revised
1/8/91
CONDITIONS OF APPROVAL TO LAND USE PLAN
PROJECT: Prairie Lakes PUD
Land Use Plan (approved,/ /91) (9/25/86) (approved 12/9/86)
PROJECT ANALYSIS:
1. Project Area - 278.6 Acres
2. Zoning - PUD
3. Water -City of Ocoee
4. Sewer - City of Ocoee
5. Flood EI. -90.0 (100 YR)
6. Stormwater Outfall - Lake Meadow & Prairie Lake
Development of Prairie Lakes PUD may be undertaken in accordance with the
8/5/85, as revised through Land Use Plan dated 10/25/90, subject to the following
additional conditions of approval which shall be incorporated into all Development
Plans for each phase of the project:
1. The Plan shall demonstrate substantial compliance with the
City's Arbor and Landscaping Ordinances, and every effort will be made to
conserve on-site tree cover.
2. All preliminary approvals are contingent upon final acceptance of appropriate
and reasonably acceptable engineering standards affecting stormwater
management, wastewater management, water supply, and transportation
impacts.
LIPrior to the issuance of a Certificate of Occupancy for Tract E, the developer
shall pave Hackney Prairie Road as a 2-lane section from Clark Road to the east
property line. In addition, the developer shall contribute 1/3 of the cost of
Hackney Prairie Road from Clark Road to Apopka Vineland Road. The 1/3
share shall be based on the construction bid price up to a maximum of $54,000
(excluding railroad crossing).
4. The developer shall provide for the extension and paving of Clark Road to the
northern boundary of the project to ensure adequate emergency access and to
provide for general ddressedp►nl� developer ag s. Bement wand ith the r City elated to
Clark Road shall be a
5. Prior to approval of any Certificates of Occupancy within Phase I, the
developer shall construct a future collector street extending westerly off Clark
Road from Street "A" through Tract A to match up with the required
Emergency Access road.
6, Clark Road is to be developed as an arterial street and shall be planned for
four lanes within a 100-foot wide right-of-way and shall be designed with a
4S-mph design speed. Clark Road shall be paved as a 4-lone road for distaTnhee
of 1,000' north of A. D. Mims Road and 2 lanes to the north property
line.balance of matters relating to the details of Clark Road paving shall be
addressed in the developerddad nra developTiming
agreement with matters
hetC tydated to
Clark Road shall be a
SENT BY:Xerox Telecopier 7020 ; 1— 8-91 ; 12:34 4076481743-, 407 856 5725.# 5
GLKA TEL ; 407-839-1789 Jan 8 .91 10 :48 No .008 P .03
Revised
1/8/91
•
7. Five-foot-high serpentine masonry screen walls or an irrigated, City approved,
landscaped buffer with berms shall be required along both sides of Clark Road
for its entire length. All access rights to Clark Road shall be dedicated to the
City of Ocoee except at points delineated on the approved Land Use Plan
Amendment.
8. A total commercial land area of 15.2 acres with 125,000 square feet of
commercial building floor space is approved as specified in the Land Use Plan.
9. The minimum living area for multi-storyapartment dwellings shall be 750
square feet; 1,000 square feet for duplxes, villas, townhomes, and patio
homes;and 1,200 square feet for all single family detached dwellings per
Section 13.11 Subsection (2)).
10. A conceptual drainage report providing a general description and layout of
Stormwater Management Facilities shall be provided with the Development
Plan submittal. Additionally, the stormwater collection improvements shall be
a closed system, except in limited cases where open drainage would be
suitable, as recommended by the City Engineer.
11. When the stormwater is proposed to discharge into a lake without a positive
outfall,the pond design shall detain the 100-year storm event. The pond shall
be designed to evacuate an average daily volume equivalent to one inch of
runoff from the total area contributing to the pond,
12. Provide compensating storage for all flood water displaced by development
below the elevation of the 100-year flood. Compensating storage is to be
accomplished between the normal high-water elevation and the estimated
100-year flood elevation.
13. All typical subdivision design standards and regulations shall be adhered to by
the developer except as permitted herein.
14. Clark Road shall be constructed with sleeves for Irrigated landscaped median
consistent with City design for Clark Road its entire length through the
project, and access openings shall be provided no more often than per the
Clark Road Engineer's Report (8/5/90) unless otherwise shown on the 10/25/90
Plan. The developer shall be credited for 100 percent of the cost of the median
improvements against transportation impact fees. The procedures for the
approval and granting of such impact fee credits shall be addressed in a
developer agreement with the City.
15. A minimum of two off-street parking spaces per residential unit shall be
provided behind the front yard setback line in Tracts D, 1, and G. Deed
restrictions shall be required at the time of plat approval limiting parking In
the front yard to two vehicles (autos and light duty trucks only) situated on a
paved surface.
16. Sidewalks five (5) feet in width shall be provided along both sides of Clark
Road and on one side of Hackney Prairie Road within the project boundaries.
SENT BY:Xerox Telecopier 7020 ; 1— 8-91 ; 12:3'3 r 4u1L,4o1140401 +r
GLKR TEL : 407-839-1789 Jan 8 .91 10 :48 No .008 P .04
Revised I
1/8/91
Sidewalks to be provided by parcel developers with the Master Developer
providing sidewalks in front of pond, etc.
17. Specific details pertaining to the Emergency Access Road extending westerly
from the site and connecting to Marlene Drive shall be outlined on the
Development Plan including general routing, width, type of base, access
controls and easement agreements. The Emergency Acc*Ss Road shall be
constructed prior to issuance of any Certificates of Occupancy in Phase I.
1 ) Traffic improvements to be provided by the developer (in addition to those
otherwise required for Development Plan approval) shall include appropriate
by-pass, turning, acceleration and deceleration lanes as required at the
following locations:
A. The intersection of Clark Road and A.D. Mims Road (Phase I)
B. The intersection of A.D. Mims Road and Apopka-Vineland Road (Phase I)
C. The Intersection of Street "A" and A.D. Mims Road when Street "A"
connects to A.D. Mims Road.
D. The intersection of Clark Road and Hackney Prairie Road -
75% responsibility of intersection cost with 100% credit for Master
Developer expenditures.
In addition, left-turning lanes shall be provided at every access or street
intersection onto Clark Road within the development. Also, traffic signals
shall be installed when warranted at the intersection of Clark Road and A.D.
Mims Road and Apopka-Vineland Road and A.D. Mims Road. The developer r
shall be credited against transportation impact fees for 50 percent of the cost
of all intersection improvements installed by him at Clark Road and A.D. Mims
Road and credited 100 percent of the cost of all intersection improvements
installed by him at A,D. Mims Road and Apopka•Vineland Road.
19. The developer shall be credited against traffic impact fees for improvements
(but excludingland contributions) to Clark Road and Hackney Prairie Road.
Such credits shall be in accordance with the applicable traffic impact fee
ordinance or developers agreement with the City.
Should any additional impact fees be enacted during the development of
theroject,the developer or subsequent individual builders shall pay the
appropriate fees.
Dedication of park land to the City, over and above that which is
required for the witshall Paek Impact
Q dinancer�able park impact
fees in accordance
20. Tract D within the Development shall correspond with Tracts E and G to only
provide for the construction of Townhomes, Villas, and Patio Homes with a
minimum of 1,200 square feet average living space required.
�hNVl L1i:Xerox Ielecopier 'IU[U ; H o— 1 ; I ; so , 4U104ULI4d-i ' UI U ,o JILJ,h i
/ GLK A TEL : 40?-839-1789 Jan 8 ,91 10 :48 No .008 P .05
. Revised I
1/8/91
21. Street "A" shall be constructed as a 60' ROW with a paving width of 24' prior
to Certificates of Occupancy for any portion of Tract C,
22. Prior to the issuance of any building permit for any portion'of the project the
developer shall commence the design and construction of Clark Road from
A.D. Mims Road north to Clarcona-Ocoee Road, all in accordance with a
developer agreement with the City. Prior to the issuance of any Certificate of
Occupancy for the project, Clark Road shall be designed and constructed and
dedicated to and accepted by the City from A.D. Mims Road north to Clarcona-
Ocoee Road, all in accordance with a developer agreement with the City.
0 The developer shall enter a developer agreement acceptable to the City
addressing the construction of Clark Road and Hackney Prairie Road and road
impact fee credits with respect thereto. In the event of any conflict between
the developer agreement and the Land Use Plan or these Conditions of
Approval, the terms of the developer agreement shall control.
24. Retention areas for developed parcels will be owned and maintained by a
homeowner's association unless otherwise agreed to by the City.
25. All matters set forth on the Land Use Plan are incorporated herein by
reference and made a part of these Conditions of Approval.
26. Whenever the term ''developer" is used herein, the same shall be taken and
construed to mean Silvestri Investments of Florida, Inc. All obligations
liabilities, and responsibilities incurred by or imposed by these Conditions of
Approval shall be assumed by and be enforceable against any successor-in-
interest to the developer, as the overall developer of the PUD.
27. These Conditions of Approval supercede and repeal all prior approvals by the
City including, but not limited to, the Preliminary Master Plan dated
September 25, 1986, as approved by the Ocoee City Commission on December
9, 1986.
Approved by the Ocoee City Commission under agenda item at a public
hearing held on , 1991. ,
1
• i
The Orlando Sentinel, Sunday, December 30, 1990
NOTICE OF PUBLIC HEARING
CITY OF OCOEE
Notice is hereby given that the City of Ocoee will hold a Public 4
Hearing during the meetings of the Planning and Zoning Board Jan-
i uary 8, 1991 and Board of City Commissioners February 5, 1991,
both Boards begin at 7:30 p.m., or as soon thereafter as possible,
in the Community Center, located at 125 N. Lakeshore Drive, _
Ocoee,Florida,to consider approving PRAIRIE LAKE PUD-LAND .
USE PLAN AMENDMENT.The Development Review Committee of
the City of Ocoee has determined that the developer of PRAIRIE
LAKE PUD wishes to make a substantial change to the Land Use • .
Plan for this property, (Alterations to the Land Use Plan determined
• i to be substantial require an advertised Public Hearing before the
r.
Planning and Zoning Board and Board of City Commissioners).
The legal description and site location map is as follows: A 278.6
acres more or less portion of Sections 4 and 9, Township 22,
Range 28 and being subject to any rights-of-way or easements ofre
cord.A lengthy metes and bounds legal description 14 available In
the case file.
LOCATION MAP:
......,_ ,Frain
1111111.1 .S' 4;* Ettl I f
P,A1
.\*--•*N. Id I 1.. -.,....)
1111\
\i 4 NItifilie,"1150
A '
s. ,' s,747
III IEN
•
a � ml .
J1IL.
•
. .:. . -JL...__ _112
Copies of the proposals may be examined in the Planning Depart-
ment of City Hall, 150 N. Lakeshore Drive,Ocoee,Florida,between •
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or
phone 656-7489.You are advised that if a person decides to appeal
any decision made with respect to any matter considered at such
hearing, he or she may need a record of the proceedings,and for
such purpose may need to ensure that a verbatim record of the
proceedings is made which includes the testimony and evidence
upon which the appeal is to be based. .
City Clerk •
December 30,1990 I
CL-325 . • Dec.30,1990
' AGENDA 2-05-91
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" I tem V B
Ocoee AGENDA 2-19-91
Item VI B
° Ei ° CITY OF OCOEE
., 11.
RUSTY JOHNSON 1
150 N.LAKESHORE DRIVEPAUL W.FOSTER
v OCOEE FLORIDA 34761
(407)656-2322 VERN COMBS
SAM WOODSON
`* of 0000 �� CITY MANAGER
ELLIS SHAPIRO
SRP-285
STAFF REPORT
TO: HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: BRUCE C. BEHRENS , DIRECTOR OF PLANNING,A9
DATE: JANUARY 28 , 1991
SUBJECT: CASE NO. 1-15R-90 : SILVESTRI
APPLICANT : WARREN WILLIAMS
ORDINANCE NO. 90-52
ISSUE:
Should the City Commission approve this application to rezone the
subject parcel from PUD to R-1-A & C-1 by the adoption of Ordinance
No. 90-52 .
BACKGROUND DISCUSSION:
The proposed R-1-A parcels are 7 . 8 and 61 . 3 acres . The C-1 parcel
is 20 acres . The subject parcels are located 4, 500 feet north of
A. D. Mims Road on Clark Road at its intersection with Hackney
Prairie Road (see attached location map) . The site is
characterized by predominately uplands soils , many trees and heavy
vegetation in several locations . Site access is provided by F
Hackney Prairie and Clark Roads .
The zoning request by the petitioner is compatible with the
surrounding land uses of A-1 on the north R-1-A on the east PUD on
the south and A-1 on the west .
The Planning Director has examined this application and has
determined that it is in compliance with the City of Ocoee's
Comprehensive Plan.
A public hearing on the applicant ' s petition for rezoning was
scheduled for November 21 , 1990 and was deferred. The City
Commission was to consider Ordinance No . 90-52 rezoning the subject
parcel , as requested by the applicant .
The City Attorney has reviewed all of the petitions for rezoning
and will independently report to the City Commission regarding the
legal sufficiency of the petitions , compliance with the applicable
provisions of Florida law, and the legality of the City Commission
acting upon the applicant ' s petition.
STAFF REPORT
January 28 , 1991
Page 2
PLANNING AND ZONING BOARD RECOMMENDATION :
The Planning and Zoning Board considered the petition for rezoning
at a meeting held on October 10 , 1990 and by a 3 to 3 vote, could
not make a recommendation. (See attached Planning and Zoning
Minutes of October 10 , 1990 ) .
STAFF RECOMMENDATION
The Planning Department has found the requested rezoning to be
consistent with the Ocoee Comprehensive Plan, in compliance with
all applicable requirements of the Ocoee City Code and in the Best
interests of the city, and recommends to the City Commission
APPROVAL of the petition in Case No . 1-15-90 : SILVESTRI , that the
property described therein be rezoned to R-1-A and C-1 as requested
by the petitioner, and that the City Commission find the proposed
rezoning to be consistent with the Ocoee Comprehensive Plan.
BCB/ek
Attachments
•
Page 13 i 1 4rFr
Planning and Zoning commission fleeting
October 10, 1990 1'-'.1 10 Board
Approval
Case 1-15 R-90t tiii,VEBtRI •
Director of Plahnifg Behrens read the staff report in its entirety.
Director Behrens dbid , ataff had asked the developer to reduce the
commercial from 180, 000 square feet to 120, 000 square feet which
the develyoper did. He said they arrived at the zonings by looking
at the overall Clark Road cor.r. i.dor and making sure that there was
some neighborhood comMercial zoning every so often to allow for
smaller grocery stored, etc. to alleviate having to drive a long
distance for every day heeds. Director Behrens said staff believed
this neighborhood commercial would blend well with the residential
property along the corridor. .
Director Behrene said this property was originallY..elated to be
developed entirely as residential under the PUD but that this piece '
was taken out of the PUD. Vice Chairman Linebarier said he
remembers discussions when this property originally was annexed
into the City that this property was to be treated as Phase III of
the PUD and he remembers it being part of the land use plan that
was originally submitted on the POD.
Director Behrens- and Scott Henderson, the property ' owner' s
representative, both stiid they had done extensive research and can
not find anything that shows the land use plan including this
property.
•
City Attorney Rosenthal said from a legal standpoint the citywould
be pleased to have the boiling clarified at thin' time so thathere
would be an accurate record of how the City wanted to proceed with'
this area.
Vice Chairman Linebarier asked if there was any kind of an
a reement with this developer on the building of Clark Road and
Director Behrens said that the developer has agreed to build Clark •
Road as a four-lane roadway from A. D. Mims Road north 1, 000 feet.
He said then the developer has the option to narrow to a two-lane
road to the northern end of the Prairie Lake POD. City Attorney
Rosenthal said the developer has agreed to dedicate the right-of-
way along Clark Road.
Commission member Swickerath said he objected to the commercial
zoning because he believed the original intent of Clark Road was
to concentrate the commercial zoning in certain areas and then keep
the turning movements to a minimum along the rest of the roadway
in order to keep the traffic flowing. He thought the commercial
parcels were becoming too Widespread.
Page 14 ['.d HAFT
Planning and Zoning commission Meeting
October 10, 1990 . SUb)eCt to Board
Approval
Commission membet Weekd moved to recommend approval of the staff
recommendation ad odtlihed in the staff report, Alternate member
Rhodus seconded, ihd the vote was split 3-3 with Chairman Sims also
voting for the mdtioli Mid Vice chairman Linebarier and Commission
members Bond and Swickerath all. opposed.
City Attorney Rosenthal said for clarification purposes that the .
silvestri petition WbUld be forwarded to the City commission
without a recommendation from the Planning? and Zoning Commission
due to the split Trott. Vice chairman Linebarier emphasized that
he wanted the city comMission to know that there was a vote taken
and that it was a split vote.
•
' Case 1-29 A-90t kSNJEN SOUTH and Case 1-30 A-90t KENJEN NORTH
Director of Planning Behrens said both these cases would be
discussed simultaneously but that the Planning and Zoning
Commission would vote on them separately.
11
Director of Planking Dehrens read both staff reports in their
entirety. He e,tplained the city had had discussions with Orange
County on both patcelg for some time now but more than a year had
passed and little progress had been made insofar as amending the
Joint Planning Area. birector Behrens said the City wanted to be
able to complete Clark hoed to clarcona-ocoee Road and that these
parcels were needed ih order to do so.
Lynn Walker Wright, attorney for Asma & Wright, representing the
property owner, said the city denied the annexation requests the
previous year "without prejudice" because at the time the City
wanted to work with Orange county to extend the Joint Planning Area
before it annexed the land. tic . Wright said the petitioner was
again requesting annexation and said although it was still outside
the Joint Planning Area boundary, the property was contiguous to
other property in the City, and it made sense to have the property.
in the City especially with the new Clark Road expansion slated to
be built all the way north to Clarcona-Ocoee Road. Ms. Wright said
the discussions with orange County had not really materialized.
She also added that services are available through the City in this
area but that at this time they are not looking to develop and are
not even asking tor zoning.
Robert Wiegers, Senior planner. with Orange County, said because the
KENJEN BOUT!! property in not within the Joint Planning Area for
Ocoee, the county would like to see the city hold off on annexing
the property until a decision is made on amending the Joint
Planning Area. Mr. Wiegers said in this case the County would not
have a problem oh the annexation as far as it being contiguous.
LiirsL Reading UcLobcr Si, 1990
Second Reading November 21, 1990(Deferred)
Second Reading February 5, 1991
ORDINANCE NO. 90-52_
CASE NO. 1-15R-90: SILVESTRI
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REZONING CERTAIN LANDS LOCATED IN THE CITY
•
OF OCOEE BY CHANGING THE ZONING
CLASSIFICATION FROM PUD
PLANNED UNITDEVELOPMENT
TO R=1_AAND C-1 , SINGLE FAMILY
RESIDENTIAL DISTRICT AND NEIGHBORHOOD
SHOPPING DISTRICT ON CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEASTERN CORNER OF
CLARK AND HACKNEY-PRAIRIE ROADS
AS PETITIONED BY THE PROPERTY OWNERS;
PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner or owners ("the Petitioner") of
certain real property located within the corporate limits of the
City of Ocoee, Florida, as hereinafter described, have petitioned
the City Commission of the City of Ocoee, Florida ("the Ocoee City
Commission") to rezone and change the zoning classification for
said real property from PUD , Planned Unit Development
to R-1-A and C-1_, Single Family Residential ‘ District and
Neighborhood Shopping District , respectively; and
WHEREAS, pursuant to Section 3.2 of Chapter II of
Appendix "A" of the Code of Ordinances of the City of Ocoee,
Florida ("the Ocoee City Code") , the Planning Director has reviewed
said petition and determined that the rezoning requested by the
Petitioner is consistent with the 1979 City of Ocoee Comprehensive
Plan as set forth in Ordinance No. 719, adopted April 15, 1980
("the Ocoee Comprehensive Plan"); and
WHEREAS, said rezoning petition 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 Ocoee City Commission has held a de novo
public hearing with official notice thereof with respect to
proposed rezoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that
the zoning requested by the Petitioner 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.
' 1 NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Ocoee,
Florida 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. That the zoning classification, as defined in
Appendix A of the Code of Ordinances of the City of Ocoee, Florida,
of the following described parcel of land located within the
corporate limits of the City of Ocoee, Florida, is hereby changed
from " PUD, Planned Unit Development" to " R-1-ALSingle Family
Residential District ":
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART HEREOF.
Section 3. That the zoning classification, as defined in
Appendix A of the Code of Ordinances of the City of OCoee, Florida,
of the following described parcel of land located within the
corporate limits of the City of Ocoee, Flolrida, is hereby changed
from "PUD, Planned UNitDevelopment" to "C=1, Neighborhood Shopping
District":
SEE EXHIBIT "B" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
Section 4. That the City Commission of the City of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance to be consistent with the Ocoee Comprehensive
Plan.
Section 5. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in
order to incorporate the zoning amendments 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 1.1 of Chapter III of Appendix A of the Code
of Ordinances of the City of Ocoee.
Section 6. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
Section 7. 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 8. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
•
PASSED AND ADOPTED this day of , 1990.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
JEAN GRAFTON, CITY CLERK LESTER DABBS, JR. , MAYOR
I I
(SEAL)
EXHIBIT A
Silvestri - 90 AC
Legal Description:
R-1-A Parcel:
SE 1/4 and E 1/2 of SW 1/4 of the NE 1/4 of Section 4, Township 22,
Range 28, also including:
S500' of W 1/2 of NE 1/4 of SE 1/4 of Section 4, Township 22, Range 28.
CASE NO . 1 ---- 1 5R -- 9O : SILVESTRI
• EXHIBIT B
Silvestri - 90 AC
Legal Description:
C-1 Parcel:
E 1/2 of NW 1/4 of SE 1/4 of Section 4, Township 22, Range 28.
CASE NO . 1 - 15R 90S
IL. VESTRI
.. ..
CITY OF OCOEE
PROPOSED REZONING
CASE NO . 1 -- 1 5R -- 90 : SILVESTRL
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