HomeMy WebLinkAboutVII (A1) First Reading Ordinance No. 98-30, West Oaks Square, Small Scale Comprehensive Plan Amendment, Case No. SSCPA-98-001 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Agenda 11-17-98
Item VII A 1
OCOee COMMISSIONERS
o`` CITY OF O C O EE DANNY HOWELL
•
�� • 150 N.LAKESHORE DRIVE SCOTT ANDERSON
p OCOEE,FLORIDA 34761-2258 NAN Y J.PSCOTT A.
GARKER
�v (407)656-2322
J, A% CITY MANAGER
OF GOOD ELLIS SHAPIRO
STAFF REPORT
DATE: November 11, 1998
TO: The Honorable Mayor and City Commissioners
THROUGH: Russ Wagner, AICP, Director of Planning
FROM: Abra Home,AICP, Principal Planner ..
SUBJECT: West Oaks Square-Small Scale Comprehensive Plan Amendment
Ordinance Number 98-30/Case Number: SSCPA-98-001
ISSUE:
Should the Honorable Mayor and City Commissioners adopt Ordinance Number 98-30 approving of a change to the
Future Land Use Designation of the above referenced ±4.5 acres parcel from Professional Service to Commercial,
less the areas previously designated Conservation and Commercial?
BACKGROUND:
The subject property is a vacant 4.5 acre parcel that is situated approximately 300 feet east of the intersection of
State Road 50 and Citrus Oaks Avenue. The parcel was annexed in 1989 by Ordinance Number 89-30. It should
be noted that the Orange County Tax Appraiser's map depicts the 4.5 acre tract as one parcel while the City of
Ocoee Zoning.and Future Land Use maps show two parcels. The Ocoee Zoning map depicts the eastern portion of
the parcel as having an A-2, Suburban District zoning classification that was assigned by Ordinance Number 89-31.
The same Ordinance assigned a zoning classification of P-S, Professional Office & Services District to the western
portion of the parcel (see the attached Zoning map). Accordingly, the future land use designation assigned during
the adoption of the 1991 Comprehensive Plan was Commercial and Professional Service, respectively, to be
consistent with the property's zoning. The Future Land Use map also depicts part of the subject property as having
some Conservation area. As noted on the PUD Plan, a determination has been made that some of the subject
property is located within the 100 year flood plain and those areas will be preserved. The purpose of this application
is to change the Future Land Use designation of the western portion of the property, outside of the Conservation
areas, and concurrently request a Planned Unit Development approval to allow specific commercial uses. In
accordance with State Law, any Future Land Use Map Amendment involving less than ten acres, and meeting other
criteria, is considered to be a Small Scale Comprehensive Plan Amendment.
DISCUSSION:
The existing development pattern along the State Road 50 corridor is primarily commercial as indicated by the
attached Zoning and Future Land Use maps. However, the Future Land Use and Zoning classifications in the
immediate vicinity of the intersection of Clarke Road are dominated by Professional Service. Staff believes that this
was a conscious decision on the part of the then Planning and Zoning Commission and City Commission.
Presumably, there was a desire to discourage auto-related uses such as convenience stores with gas sales, gas
stations, and more intensive highway commercial uses. Based upon this understanding, Staff asked the applicant
to make two concurrent applications; one for a Small Scale Amendment and one for a.PUD rezoning. In this way,
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Staff Report to the Honorable Mayor and City Commissioners
November 12, 1998
Page 2
Staff believes that the project could be reviewed closely regarding specific uses. Additionally, this property is
located within the State Road 50 Activity Center, and as such, the applicants will have to-adhere 'to the upgraded
standards. In light of these considerations, Staff believes that the proposed Small Scale Amendment would be
consistent with the character of the surrounding area including the multifamily residential uses to the south.
Based upon the foregoing analysis, Staff has determined that the request is consistent with the City of Ocoee's:
(1)Comprehensive Plan; (2) Land Development Code; and (3) land uses to the north and west. Specifically, the
requested change is consistent with the following goals, objectives, and policies of the Future Land Use Element of
the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.3; (e) Policy 1.4; Policy 1.6; (f)
Objective'3; (g) Policy 3.1; and (h) Policy 3.2. The subject property is located outside of Ocoee's utility service area.
Accordingly, the developer will need to coordinate with the Orange County Utilities Division prior to final
development approval to ensure that the Orange County Utilities Division is prepared to provide utility services to
the subject property. Aside from those considerations, Staff has reviewed the project and determined that the City
can provide a full.range of urban services to the site.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On November 10, 1998, the Planning and Zoning Commission held a de novo public hearing regarding the West
Oaks Square Small Scale Comprehensive Plan Amendment and the West Oaks Square Planned Unit Development.
Staff presented both the Comprehensive Plan Amendment and PUD Reports first and then the Planning and Zoning
Commission held both public hearings concurrently. Several of the Planning and Zoning Commission Members
stated that they were very concerned about approving the requested changes. Specifically, the Members believed
that allowing commercial uses on the subject property would exacerbate traffic conditions along State Road 50.
Russ Wagner, Director of Planning, clarified a number of issues that were brought up. Specifically, he said that if it
had not been for the rezoning, the proposed building could have been approved through a Staff review since it is
less than 25,000 square feet. The current P-S zoning and Professional Service land use designation would allow a
variety of uses that would also generate measurable traffic impacts. Mr. Wagner emphasized that Staff had been
very thorough and that the project had upgrades as a result of the review and applying the State Road 50 Activity
Center standards. He explained that the list of allowable uses was negotiated by reviewing the standard C-2,
Community Commercial District uses and eliminating most intensive uses. Mr. Wagner said that restaurants,
convenience stores, and gas stations for example would not be allowed by the proposed PUD. For the record, he
clarified that any use the would require a Special Exception within a C-2 District would also require a Special
Exception before being allowed within the PUD.
The Planning and Zoning Commission was still uneasy because they did not believe that the proposed PUD would
protect the City over time. Mr. Wagner explained that the PUD would remain in effect even if the subject property
were sold. Martha Formella,Assistant City Attorney, stated that there was a Development Agreement that would be
recorded to inform any potential purchasers of the limitations that would affect the property. The only way to change
the proposed list of uses, after a PUD was approved, would be through another public hearing before the Planning
and Zoning Commission and City Commission. In response to Planning and Zoning Commission concerns, the
applicants addressed the Planning and Zoning Commission. The applicants emphasized that the Staff review had
been extensive. Dean Sant, applicant, explained how their project was consistent with one of the stated aims of the
State Road 50 Activity Center Special Development Plan which was to encourage mixed uses. He said that planned
to do an excellent project that would allow a few small light retail uses in addition to the uses that were permitted by
the existing zoning. The proposal presented at the hearing, he said,was a good compromise.
After hearing from Staff and the applicants, the Planning and Zoning Commission asked for public input. There was
no one in the audience who wished to comment on the project. After further discussion, the Planning and Zoning
Commission voted 5 to 1 to recommend approval of the requested Small Scale Comprehensive Plan Amendment as
recommended by Staff. Vice-Chairman Bond voted against the proposal.
Staff Report to the Honorable Mayor and City Commissioners
November 12, 1998
Page 3
STAFF RECOMMENDATION: -
Staff recommends that the Honorable Mayor and City Commissioners, upon finding the application of West Oaks
Square, Inc. in Case Number CPA-98-001 to be consistent with Ocoee's: (1) Comprehensive Plan; (2) Land
Development Code; and (3) surrounding land uses, ADOPT Ordinance Number 98-30, approving the requested
future land use designation change from Professional Service to Commercial, less the areas previously designated
Conservation and Commercial.
Attachments: Zoning Map excerpt
Future Land Use map excerpt
Ordinance Number 98-30
File:P:ICALEXANDERIALL_DATAICAPDFILEISTAFF REPORTSICC SR\SR98057.DOC
Commissioners
Staff Report to the Honorable Mayor and City
November 12, 1998 •
Page 4
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City of Ocoee Proposed Land Use Change
Case Number: SSCPA-98-001 Small Scale Future Land Use Map Revision
Location: 500 feet east of the intersection of State Road 50 and Citrus Oaks Avenue
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Size: approximately 4.5 acres
Proposed Change: •From: Professional Service -
To: Commercial
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Current Proposed
Legend:
Low De
nsity
ns i Resident ial (> 4 d.u.a.)
3111,211,11 Medium Density Residential (4 - 8 d.u.a.) •
tt.�._,...�.z..r�.ate...:�� :,�:
F ,4: High Density Residential (8 - 16 d.u.a.)
n; 9
% Professional Service
\\\\\\\ Commercial
\\\\\\\\\ Light Industrial
N Heavy Industrial
% Institutional
Lakes
Conservation Area
Park
ORDINANCE NO. 98-30
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CASE NO. SSCPA-98-001; WEST OAKS SQUARE
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
PROFESSIONAL SERVICE TO COMMERCIAL ON CERTAIN REAL PROPERTY
CONTAINING 4.5 ACRES (MORE OR LESS) LOCATED APPROXIMATELY 300
FEET EAST OF THE INTERSECTION OF STATE ROAD 50 AND CITRUS OAKS-
AVENUE 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 SSCPA-98-001 in order to
amend the Future Land Use designation of.its property.
c. Amendment Number SSCPA-98-001 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida
Statutes.
d. On November 10, 1998, the City of Ocoee Local Planning Agency held an
advertised public hearing and recommended adoption of Amendment Number
SSCPA 98-001.
e. On December 1, 1998, the City Commission held an advertised public
hearing and adopted Amendment Number SSCPA-98-001.
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. 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 4.5 acres located within the corporate limits of the City of Ocoee, Florida,
(the "Property") is hereby changed from "Professional Service" to "Commercial", less the
areas previously designated "Conservation" and "Commercial" on Figure 2 of
Appendix A of the Ocoee Comprehensive Plan:
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
SSCPA-98-001 consistent with the provisions of this Ordinance.
SECTION 5. 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. This Ordinance become effective on the 31 st 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 SSCPA-98-001 is in compliance.
•
PASSED AND ADOPTED this day of , 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED NOVEMBER 19, 1998
READ FIRST TIME NOVEMBER 17, 1998
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 , 1998.
FOLEY and LARDNER,
By:
City Attorney •
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Exhibit "A"
Legal Description
EXHIBIT A-
Legal Description: (Parcel 4)per Official Records Book 4045,Page 0657
That part of tract 4,Orlando Groves Association,Lake Lolta Groves,according to the plat
thereof as recorded in Plat Book"E",page 52,public records of Orange County,Florida,more
particularly described as follows:
From the southwest corner of said tract 4,run south 89d48'43"east 260.00 feet along the north
line of Citrus Oaks Phase One.as recorded in Plat Book 14.page 7,said public records;thence
inn north 00d18'54"east 260.00 feet,parallel with the west line of the northeast 1/4 of section
28.township 22 south,range 28 cast,to the point of beginning;thence run north 89d48'43"west
179.16 feet to the east line of a 30 foot right of way as described in said plat of Lake Lotta
Groves;thence from a tangent bearing of north 04d18'43"west,run northwesterly along the arc
of a curve,concave westerly,having a radius of 96.15 feet and central angle of 76d32'53"for
distance of 128.21 feet;thence continuing along said right of way run north 00d 18'54"east
233.44 feet to a point on the south right of way line of State Road 50;thence along said right of
way line run south 89d35'3"east 1165.64 feet to the intersection of said right of way ling with
the southerly prolongation of the western boundary of Block"A",said plat of Orlando Groves
Association,Lake Lotta Groves;thence south 20d24'53"west along said southerly prolongation
of Block"A"179.89 feet more or less to the centerline of an unnamed creek;thence along said
centerline run the following courses;north 37d45'43"west 120.30 feet;north 86d56'S1"west
130.64 feet;south 72d29'39"west 161.43 feet south 71d09'57"west 101.04 feet;south 62d48'55"
west 126.45 feet;south 63d05'14"west 200.00 feel;thence leaving said centerline of the creek;
run south 00d 18'54"wost 18.00 feet to the point of beginning,containing 4.47 acres or less.
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Exhibit "B"
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Location Map