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Home My WebLink AboutVI(A1) 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 Agenda 12-01-98 Item VII A 1 Ocoee Item VI A 1 COMMISSIONERS o CITY OF OCOEE DANNY HOWELL i SCOTT ANDERSON � • 150 N.LAKESHORE DRIVE v /� p OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS n� � �v (407)656-2322 NANCY J.PARKER 'yJ�,11`\ / `�� CITY MANAGER 4 0 GOP ELLIS SHAPIRO STAFF REPORT DATE: November 11, 1998 TO: The Honorable Mayor and City Commissioners THROUGH: Russ Wagner,AICP, Director of Planning 0/ FROM: Abra Home, AICP, Principal Planner .dam 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 parceras 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, a 4 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 SRISR98057.DOC Staff Report to the Honorable Mayor and City Commissioners November 12, 1998 Page 4 ?. .'-i" j. '_ : ,. �� . f ► iPP i , MU ' f'. West Oaks Gr 7-,\ pi CONI .. €+ #, . ' COM . 1 ¢ "- r r i..v.r v. , Subject AirOil 01 -�ve ,` 01 pro art VV411 I. 4 " __ _ r,r,, :in r -9 ''-/-- .F*+Ty,'4' T -� s - irate Health Irj _e, s 7 ',5= .; ' ,._. . -4- i, i.tp 1sg1e0<-.-1.-P:7,S.'..,-_.,2,,- Central — .',' °x,., .�s`Y �. ter, '�. r. � .. ., . ..,. ., , ...- 1 N S 1 24 ,:•:.:* 1.,„, .'10 r-..,.-k ,.;,, ''‘......,t''. ',-- ...,......,,...,..,. .,..,,-,„,.,..,-.-.. N ,,,:.--..:"',-".„,,,..,:,,.....,,,..,--.,--,,,-,,..,,--,,--:.t.,......---,,--7,,,.,,,,,...-.'',..,,%,,,,..,.---%., •..,....,-....t.,..... .-,.,,.,,,,z,...,,,,...'....,z,--z".....,,,..., i 1:, ---- .r1:-....---..„...., ...„,„:„.......,„,--4,,,,,,,,.„...,---„,_,,,,,,,,, .--,„....,--- ....... --:„....-tz-:.....„--,:.....:_,-----,,,----..,k-,. -!..-t---- ..,.. I : CITY OF OCOEE FUTURE LAND USE MAP 2010 (RDISID ro/) - r alarm /.>.- el manor raoiWmaron ity 1 IAN ocrarr*nammu ..-.._.-___,-I, wrier sown E =Y _, (-re r /kD . ,1 $ �+ +'r+......a.JA mrf-,.CrASaNK SnivcC :_ - a. OOCR✓Anvr KRIS rmaArror .wry ,crrfl,mats, �- ia+r PUVININ3 MCA carman - - -- - PAM=row... -.-- rump,cyan+aw wrs �s - di'" `' / rIr.i 1Q ' '! 1 -'i 1 4, � Staff Report to the Honorable Mayor and City Commissioners November 12, 1998 Page 5 CI 1 1 ,,a:m_ t ,...7.____JJ lj _ _ C-2 �Kti Subject 0 c-2 property =, _._ -\ ,Y r rG ,� ' A F9 11i e.. . a+ State Road 50 iptiobt Ltilli. Ap.-10 cj Leikt maw r i R-3mi. III. ,t ,i __.,. _ - I I 9 MIL ..IAIIIIIIIIIIIIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DATE REPAREO CITY rY OF O COEL RFnsav Dartsju&MI JANu. FED) ZOI\ I\TG( MAP MAC "hon r~A7 rENERAJ AENNTILTuNE L G-1 j NfeGNRORNaDD SNDPPIN'C -1 SVDURDAN r t-_."-1 martoNtrr COYILERCIAL I 1-,-AAA1 I Silica'!AYILY DwELIJNG 1,-1 ' comm.rYYFRctm.. f IR-I-MI EMU,!Altar owELLINc r f_I_J RESTRICTED UANUrAC7UIUNG A , r U.,-A 1 SINGE GAMILY Orrtuxc f T 1 GENERA.INDUYTRUL PLANNED um DErEtAPMrIIf f N ,J 71NcLE MYILI DWELL/NC =WM rommERriAL (COYi I p-: (O.YF A 71O FAMILY VELLUM; NIGN DENSIIT (UDI !. R-y_J UL Lfl'L6 TAYILY PVLWNG f..',YD_ -.-3 MEDIUM DENSE!". 1YD1 ka"L _i ,,. PROrES:DONAL Owner A-SERVICES 0 LO•UEHSITT (L01 Iry-T-1 l-I I wow NOSE SUDDfVISlaN U UNGLMSSIf/ED JOINT PLANNING.DOUNDARV v m a a Dr/Lr1 SERVICE DOUNDARI PREPARED BY CNF wore ENCINEURINC OSPANTMFN! 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 Size: approximately 4.5 acres Proposed Change: From: Professional Service To: Commercial f I i » : _ �'r.■I■)i \�� \' Nairn....�11 V � I...IIIkJ . t' \ WiIIIIImm ,;14 s• / .ek, ,,,, ,.. N . . P E\ N N N • • 1 St.to oa litP,,,,„/, ,,-, , ,,,, • k \ \s.at• , 4\ �';a�1 %UIIIIIIIi111111 1%tfl11�1 al �WWI :�IIIIIIIIIIItlI1111111111111�1 E. Thn�_1 i 111111II111Ill11IIII1IllIllUl= n�11t 111111iiiiN111111111111111111193 Current Proposed Legend: Low Density Residential (> 4 d.u.a.) Medium Density Residential (4 - 8 d.u.a.) High Density Residential (8 - 16 d.u.a.) Professional Service k \\\ , Commercial \\\\\\\\\\\ Light Industrial „ = Heavy Industrial \A Institutional �� Lakes Conservation Area Park ORDINANCE NO. 98-30 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 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 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 Exhibit "A" Legal Description EXHIBIT A- Legxl Description: (Parcel 4)per Official Records Book 4045,Page 0657 That part of tract 4,Orlando Groves Association,Lake Lotta Groves,according to the plat thereof as recorded in Plat Book"2s",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 linc of Citrus Oaks Phase One.as recorded in Plat Book 14.page 7,said public records;thence run 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 S0;thence along said right of way line run south 89d35'23"east 1165.64 feet to the intersection of said right of way line 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"west 18.00 feet to the point of beginning,containing 4.47 acres or less. t t 4-4 I { .Prapt !' r a rdQfleia r MMI , / i :` ..,. Id iJ i1ttl � ...i.kt F 14 .."t / i...,; Y_..,., 4 t Exhibit "B" Location Map K 4 me Orlando Sentinel,Thursday,November 19,1998 SE NOTICE OF CHANGE OF LAND AND NOTICE OF PUBLIC HEARING BY THE OCOEE CITY SSION TO AMEND THE COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN,,pursuant to Sections 183.3187(1)(c) and 166.041(3),Florida Statutes,and Sec- tions 1-88 1-10 and 5-9,Ocoee Land Development Code, that the City of Ocoee proposes to adopt the following ordinance: Ordlnana Number 9030 CASE NO. SSCPA-98.001: West Oaks Square AN ORDINANCE OF THE CITY OF THE EOCOEEORCOMPREHEENSIVE PLAN AS ADOPTED ON SEPTEM- BER 18,1991 BY ORDINANCE NO. 91.28 AS AMENDED AS FOL- LOWS:AMENDING FIGURE'2 OF APPENDIX A TO CHANGE THE FUTURE LAND USE DESIGNA- . TION FROM PROFESSIONAL SER- VICE TO COMMERCIAL ON CER- TAIN REAL PROPERTY CONTAINING 4.5 ACRES(MORE OR OXI- MATELYS3' LOCATED 00 FEET T EAST OF THE INTERSECTION OF CITRUS OAKS AVENUE AND STATE ROAD 50 PURSUANT TO THE APPLICATWIN SUBMITTED BY THE PROPERTY OWNER* PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP PROVIDING FOR CONDI- TIONSO PRECEDENT,'DATE. PROVIDING small s�amendment�to Ms concerns Land Use Map of the Ocoee will Compre- hensive u- ture Landse D��gnnation 07 8»su bb- iect prpperly from Professional Service to Commercial,less the areas previ- ously designated Conservation and Con,rnerdef.The subject property con- tains 4.5 acres(more or less)and It is located roughly 300 feet east of the in- tersection of Citrus Oaks Avenue and State Road 50. The Ocoee City Commission will hold a public hearing on the proposal on Tuesday, December 1,1998 at 7:15 p.m.or as soon thereafter as practical, at the Ocoee City Commission Cham- bers, 150 North Lakeshore Drive, Ocoee,Florida.The Commission may coMnue dates and tiimmes as they deem neoth- c- essary.Any interested party shall be advised that the dates,*net and plac- es of any continuation of this or contin- ued public hearings shall be an- nounced duke the hwing and that no further notices regarding matters will be published. A copy of the proposed Ordinance and related documents may be inspected by the public at the Ocoee Planning 160 North Lakeshore Drive Florida,between the hours of t i h through Friday,and excepptOlg.m Monday Interested parties may appear at the public hearing and be heard with re- spect to the proposed Ordinance.Any person wishing to appeal any decision made with respect to any matter con- sidered at the public hearing will need a rreucoorrdeof the proceedings and for this rbatim record of the proce ensure edings s made which includes the testimony and evidence upon which the appeal Is based.Persons with disabilities need- ing assistance to participate In ant of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)858.2322. OLS24314T7 NOV.19.1998