HomeMy WebLinkAboutVI(B) Second Reading of Ordinance 2004-09 - Poer Property Large Scale Comprehensive Plan Amendment Agenda 08-03-2004
��eCenter of Good Llv�g Item VI.B.
Mayor Commissioners
S. Scott Vandergrift Danny Howell, District 1
Scott Anderson, District 2
City Manager \ / Rusty Johnson, District 3
Robert Frank �` —~ Nancy J. Parker, District 4
STAFF REPORT=g
To: The Mayor&City Commissioners
1 ^f
From: Terry L. James, AICP J
Principal Planner
Through: Russ Wagner, AICP
Community Development Director ‘.\#0?
Date: July 19, 2004
Subject: Poer Property
Large Scale Comprehensive Plan Amendment (DCA#: Ocoee 04-01)
Ordinance 2004-09
ISSUE:
Should the Mayor & City Commissioners adopt Ordinance 2004-09 approving the Large Scale
Comprehensive Plan Amendment for the Poer Property changing the future land use
classification from Orange County"Rural Agriculture"to City of Ocoee "Low Density Residential"
and "Conservation/Floodplains"future land use classification?
BACKGROUND:
General Location: The subject property abuts the southern boundary of the Ocoee Crown Point
PUD and is 2,000 feet west of the State Road 429 (Western Expressway) overpass at Fuller's
Cross-East Crown Point Roads. The attached Ocoee Crown Point PUD Master Plan shows how
the subject property is situated relative to this development.
Parcel Identification #: 01-22-27-0000-00-005
Property size: 29.25 +/-acres (See attached Legal Description)
Previous Local Government Actions&Coordination: The subject property was originally located
in the Orange County-Winter Garden Joint Planning Area (JPA) in unincorporated Orange
County. In order for the City of Ocoee to annex this property and submit a Future Land Use
Map amendment, the City coordinated with the City of Winter Garden and Orange County to
move the property from the Orange County-Winter Garden JPA to the Orange County-Ocoee
JPA.
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us
The Honorable Mayor and City Commissioners
July 19k 2004
Page 2 of 10
To effectuate this change, the City of Ocoee formally requested annexation and an amendment
to the Orange County-Ocoee JPA Land Use Map. The annexation of this property was subject
to the approval of the JPA amendment. This action was taken on the April 6, 2004, when the
Orange County Board of County Commissioners adopted the 11th Amendment to the Orange
County-Ocoee JPA incorporating the Poer Property into the Joint Planning Area and changing
the land use to Low Density Residential.
Actual land use, unique features, and Future Land Use Map consistency with the surrounding
properties: The property is currently vacant with an Existing Land Use classification of "Rural
Agriculture" and "Conservation" on the Orange County Existing Land Use Map (See attachment:
"Orange County Existing Land Use Map"). Map Figure 5: "Historic Resources and Current
Recreation Facilities" from the Ocoee Comprehensive Plan Future Land Use Element indicates
no archeological or historical resources on the site.
The property does have on-site wetlands as indicated in the Future Land Use Map Series,
Figure 6: "Soils and Wetlands". Flood Insurance Rate Map # 12095CO210E (Effective
December 6, 2000)indicates there are no lands within the 100-year flood zone.
According to the due diligence report prepared by Vanasse, Hangen, Brustlin, Inc., there are 3.3
+1- acres of wetlands on the subject property reducing the original acreage from 29.925 to
approximately 26 buildable or net acres. This is the most accurate information available at this
time subject to on-site verification. The exact jurisdictional boundary of these wetlands will be
verified as a part of the stormwater management permitting process with St. Johns River Water
Management District.
Future land use classification of the subject property:
LAND USE CURRENT PROPOSED
CLASSIFICATION:
Existing Land Use Orange County/Rural Agriculture& n/a
Conservation
Future Land Use Orange County/Rural Agriculture City of Ocoee/Low Density
Residential&
Conservation/Floodplains
Future land use classifications of the surrounding properties:
DIRECTION: JURISDICTION FUTURE LAND USE
North City of Ocoee Low Density Residential
East City of Ocoee Low Density Residential
South City of Winter Garden Low Density Residential
West City of W inter Garden Low Density Residential
The subject property will be designated "Low-Density Residential" and
"Conservation/Floodplains" on the Ocoee Comprehensive Plan Future Land Use Map;
therefore, the proposed Future Land Use Map amendment will be consistent and compatible
with the City of Ocoee Comprehensive Plan, the JPA Land Use Map, and the surrounding land
uses within the City of Winter Garden.
The Honorable Mayor and City Commissioners
July 19k 2004
Page 3 of 10
DISCUSSION:
Impacts on Infrastructure
Transportation:
The subject property is landlocked at this time; however, this property will be joined with the
Ocoee Crown Point PUD to the north. The property will have access via the internal roadways
of this PUD primarily to Fullers Cross Road and secondarily to County Road (CR) 437/Ocoee-
Apopka Road. (See Attachments: Poer Property Location Map).
• Availability of Transportation Facilities
The current Average Daily Traffic(ADT) on Fuller's Cross Road is as follows:
FROM TO LANES ADOPTED ADOPTED 2003 VOLUMES: VOLUME LOS
LOS LOS EXISTING RESERVED OR TOTAL !CAPACITY PERFORMANCE
STANDARD NUMERIC COUNT VESTED FROM RATIO
CAPACITY APPROVED
STANDARD DEVELOPMENT
Ocoee- Clarcona- 2 E 11,900 3,638 3,065 6,703 0.56 A
Apopka Rd. Ocoee Rd.
Fullers Cross Road also has an "E" LOS standard from Clarcona-Ocoee Road to Ocoee-
Apopka Road. With the 3,825 Annual Daily Traffic Count (ADT), the roadway is currently
operating at LOS "A". According to Table 21 in the Transportation Element, this
segment of Fullers Cross Road will operate at LOS "C"within the planning timeframe.
The current Average Daily Traffic (ADT)on Ocoee-Apopka Road/County Road 437 is as
follows:
FROM TO LANES ADOPTED ADOPTED 2003 VOLUMES: VOLUME LOS
LOS LOS EXISTING RESERVED OR TOTAL !CAPACITY PERFORMANCE
STANDARD NUMERIC COUNT VESTED FROM RATIO
CAPACITY APPROVED
STANDARD' DEVELOPMENT
SR438/Silver Fuller's 2 E 19,100 5,975 4,470 10,445 0.55 A
Star Rd. Cross Rd.
Fuller's McCormick 2 E 19,100 9,246 10,648 19,894 1.03 F
Cross Rd. Rd.
'Capacity Standard from Coke Property Study
Ocoee-Apopka Road (CR 437)is a major north-south arterial roadway, and is currently a
2-lane facility with an adopted level of service of"E". The Ocoee-Apopka Road segment
from Fullers Cross Road to McCormick Road theoretically operates at level of service"F"
when vested trips are added; however, this traffic is not expected to occur until at least
five or more years from now. According to the Ocoee Comprehensive Plan
Transportation Element (Figure 11B: "Future Through Lanes for Roadways 2020"), this
roadway will become a 4-lane facility by 2020.
The Honorable Mayor and City Commissioners
July 19k 2004
Page 4 of 10
After 4-laning of Ocoee-Apopka Road, the future LOS for segment from Silver Star Road
(SR 438) to Fullers Cross Road will be "C", and from Fullers Cross Road to McCormick
Road will be"B" (See the Ocoee Transportation Element, Table 21 on page 2-54).
• Estimated Demand on Transportation Facilities
Demand, where possible, will be an incremental analysis for all infrastructure impacts
indicating the difference between the current future land use classification and the
proposed future land use classification. These estimated demands will be base on 26
net/buildable acres on the Poer Property. This net acre assumption will be used in all
the infrastructure demand estimates.
FUTURE LAND USE MAXIMUM DENSITY STANDARDSIMULTIPLIER ESTIMATED
CLASSIFICATION DEMAND
CURRENT Orange County/Rural 1 DU/10 Developable No ITE standard is available. Unknown,
Agriculture Acres' insignificant
PROPOSED Ocoee/Low Density 4 DU/Acrel 7.44 Avg.Weekday Rate[ITE Code 4*26'7.44=774
Residential 270
'Orange County Future Land Use Element Policy 2.24
2 City of Ocoee Future Land Use Element Policy 1.10
The current Orange County future land use classification will allow 2 dwellings on the
site. There are no comparable single-family dwelling unit standards from the ITE Trip
Generation Manual. The estimated net increase in weekday trips will be 744 weekday
trips; however, with the mixed-use shopping, school facilities, and recreation activities
within the PUD, the internal or "captured" trips will reduce this demand estimate
considerably.
Additionally, the PUD is required to mitigate the impacts of the development by providing
extensive intersection roadway improvements to mitigate the impacts of traffic as the
project develops. According to the City's traffic consultant, the incremental traffic added
as a result of the additional single-family trips are easily accommodated with the
roadway and intersection improvements already planned as a part of the traffic impact
mitigation plan. (See Attachments: Ocoee Crown Point PUD Traffic Impact Mitigation
Plan).
Furthermore, the PUD is located between two interchanges on the newly completed
Western Expressway/SR429 operated by the Orlando-Orange County Expressway
Authority. These Expressway interchanges will provide alternatives to the use of local
roadways that will further mitigate adverse traffic impacts. The northern interchange is
at Clarcona-Ocoee Road and West Road and the southern interchange is at Silver Star
Road (SR 438). The Western Expressway connects to the Florida Turnpike (SR 91),
and to 1-4 via the East-West Expressway (SR 408). The extension of the Western
Expressway further to the south will eventually provide another connection to 1-4. (For
additional a map of,the local roadway network, see Figure 11: "Roadway Improvement
Master Plan 2020 in the Ocoee Comprehensive Plan.)
The Honorable Mayor and City Commissioners
July 19k 2004
Page 5 of 10
Potable Water&Sanitary Sewer:
• Availability of Potable Water& Sanitary Sewer Facilities
The Poer Property is outside of the City's Utility Service Area. Orange County Utilities
provides potable water and sanitary sewer service tied into mains that serve the Ocoee
Crown Point PUD.
• Estimated Demand on Potable Water& Sanitary Sewer Facilities
FUTURE LAND USE MAXIMUM DENSITY STANDARDSIMULTIPLIER ESTIMATED
CLASSIFICATION DEMAND
CURRENT Orange County/Rural 1 DU/10 Developable Potable Water:300 Potable Water.2*300
Agriculture Acres' gallons/day/ERU =600 gallons/day
Sanitary Sewer:270 Sanitary Sewer:
gallons/day/ERU3 2*270=540
gallons/day
PROPOSED Ocoee/Low Density 4 DU/Acre` Potable Water:300 Potable Water:4*
Residential gallons/day/ERU 26*300=31,200
Sanitary Sewer:270 gallons/day
gallons/day/ERU3 Sanitary Sewer:
4*26'270=28,080
gallons/day
'Orange County Future Land Use Element Policy 2.2.4
3 City of Ocoee Future Land Use Element Policy 1.10
3 City of Ocoee Potable Water Sub-Element Policies 1.2.1&Sanitary Sewer Sub-Element Policy 1.2.2.
The City of Ocoee has coordinated with Orange County for the provision the potable
water and sanitary sewer services. As a component of this coordination, the City
provided Orange County with Utility Master Plan for the Ocoee Crown Point PUD and
the Poer Property to insure the proper assessment of the development's demands.
Orange County thoroughly assessed these demands before agreeing to provide potable
water and sanitary sewer services in the PUD. According to Orange County Utilities,
they have adequate water and sewer capacity to service the entire development.
Drainace:
• Availability of Drainage Facilities
Stormwater retention will be provided on-site and in accordance with the Conceptual
Stormwater Master Plan for the entire PUD and the Poer Property. The SJRWMD has
already approved this master plan. Drainage for the subject property will be by storm
sewer piping with an outfall to a retention pond. All stormwater drainage will meet the
requirements of Chapter 25-17, Florida Administrative Code. Since the development is
within the Lake Apopka basin, the water quality will also meet the Lake Apopka Rule
promulgated by the St. John's Water Management District that requires increased
phosphorous attenuation.
• Estimated Demand on Drainage Facilities
All retention ponds have been conceptually designed. The Lake Apopka Rule
requirements substantially increase the volume of stormwater retention beyond normal
permitting standards.
The Honorable Mayor and City Commissioners
July 19k 2004
Page 6 of 10
Solid Waste:
• Availability of Solid Waste
Solid waste disposal will be handled by the Orange County Landfill (Class 1 facility)that
is projected to provide capacity until the year 2030 according to the adopted Ocoee
Comprehensive Plan. (Ocoee Comprehensive Plan, Solid Waste Sub-Element, page
4.2-4)
• Estimated Demand on Solid Waste
FUTURE LAND USE MAXIMUM DENSITY STANDARDS/MULTIPLIER - ESTIMATED
CLASSIFICATION DEMAND
CURRENT Orange County/Rural 1 DU/10 Developable 2 DU*3(Ib/person/day')*2.99 17.9 lbs./day
Agriculture Acres* (person/household?)
PROPOSED Ocoee/Low Density 4 DU/Acre** (4*26)DU *3(Ib/person/day)*2.99 932.9 lbs/day
Residential S•erson/household)
' Ocoee Solid Waster Sub-Element,page 4.2-4
Ocoee Housing Element,page 3-4
The amount of additional solid waste generated by the Poer Property can easily be
collected by the City's Sanitation Division and deposited at the current landfill.
Recreation:
• Availability of Recreation Facilities
As stated earlier, this property will be merged with the Ocoee Crown Point PUD to the
north and as such will have direct access through internal roadways to a 23-acre
community park with the following planned facilities: an amphitheater, two soccer fields,
and two baseball fields. In addition, the City has negotiated an interlocal agreement with
the Orange County School Board to allow for the use of elementary school and high
school sites for public recreation. The entire PUD will also have a planned open space
with pedestrian and bike paths including a conservation/passive recreation area along
Lake Apopka. This does not include recreation or open space that may be required of
the subject property under the City's Land Development Code during the site plan review
process.
• Estimated Demand on Recreation Facilities
FUTURE LAND USE MAXIMUM DENSITY STANDARDS/MULTIPUER ESTIMATED
CLASSIFICATION DEMAND
CURRENT Orange County/Rural 1 DU/10 Developable 2 DU*2.99 0.02 acres
Agriculture Acres* (person/household2)*0.004 acres of
parks&open space/resident
PROPOSED Ocoee/Low Density 4 DU/Acre** (4*26)DU*2.99 1.24 acres
Residential (person/householdZ)*0.004 acres
of parks&open space/resident
'Ocoee Recreation&Open Space Element,page 6-15
The Honorable Mayor and City Commissioners
July 19k 2004
Page 7 of 10
This proposed future land use amendment will have an incremental impact on recreation
that can be accommodated within the community park, open space, and school
recreation sites planned for the Ocoee Crown Point PUD.
Summary: "Demand on"& "availability of"Infrastructure
This proposed future land use classification amendment will impose demands on existing
infrastructure; however, with the existing coordination process and mitigation requirements of
the Ocoee Crown Point PUD, it will not adversely impact infrastructure. These PUD
requirements will also insure that infrastructure is available "to maintain the adopted level of
service standards are available when the impacts of (this) development occur." [Chapter 9J-
5.003(25), FAC]
Compatibility with the Comprehensive Plan's Goals, Objectives & Policies (GOPs)
(For the actual text of the GOPs, refer to the accompanying City of Ocoee Comprehensive Plan
on disk.)
Future Land Use Element
As previously stated, the Ocoee Crown Point PUD will be amended to include the subject
property. As a result of its inclusion, the property is required to follow the PUD development
standards and conditions. This City-developed PUD has required extensive coordination
and consultation with the following agencies, local governments, and boards concerning
infrastructure, amenities, and design standards:
• St. Johns River Water Management District on stormwater drainage and stormwater
quality issues relative to the Lake Apopka Rule, and issues concerning conservation
areas bordering the Lake;
• Orange County on the Utility Master Plan for water and sewer service delivery; and
• The Orange County School Board on the educational facilities such as the elementary
school, the high school, and the workforce development-training center.
This amendment is compatible with the following Future Land Use Element GOPs:
Objective 1, Policy 1.1, Policy 1.2, Policy 1.3, Policy 1.7, Objective 2, Policy 2.8, Objective 5,
Policy 5.4, Policy 5.6, Policy 5.8, Policy 5.12, Policy 5.12, Policy 5.13, Objective 8, Policies
8.1 through 8.3, and Policy 8.5.
Transportation Element
Including this property in the PUD does not change the extensive transportation impact
analysis and resulting traffic impact mitigation plan (See attachment: `Traffic Impact
Mitigation Plan")
This amendment is compatible with the following Transportation Element GOPs: Policy
1.3.3, Objective 1.4, Policy 1.4.1, Objective 2.1, Policies 2.1.1. and 2.1.2, Objective 2.2,
Policies 2.2.1 through 2.2.4. Objective 2.7, Policies 2.7.1 and 2.7.3., Objective 2.8, Policies
2.8.3. and 2.8.6, Objective 2.9, Policy 2.9.1., Objective 3.1., Policies 3.1.1. through 3.1.3.,
Objective 3.2., Policies 3.2.1. and 3.2.2.
The Honorable Mayor and City Commissioners
July 19k 2004
Page 8 of 10
Sanitary Sewer Sub-Element
This amendment is compatible with the following Sanitary Sewer Sub-Element GOPs:
Objective 1.5.
Drainage Sub-Element
This amendment is compatible with the following Sanitary Sewer Sub-Element GOPs:
Objective 1, Policy 1.1, Policy 1.3, Policy 1.4, Objective 2, Policies 2.1 through 2.4, Policies
2.7 through 2.11, Policies 2.13 through 2.17, and Policy 4.4.
Potable Water Sub-Element
This amendment is compatible with the following Sanitary Sewer Sub-Element GOPs:
Objective 1.4.
Intergovernmental Coordination Element
The proposed future land use map classification amendment of subject property was
coordinated with Orange County and Winter Garden. This property will be merged with the
Ocoee Crown Point PUD, and, as such, the on-going coordination with the affected local
governments and agencies fulfills the many of this element's objectives and policies.
This amendment is compatible with the following Element GOPs: Objective 1, Policies 1.1,
1.2, 1.3, 1.4, 1.5, 1.6; Objective 2, Policy 2.3, Objective 3, Policies 3.5 & 3.7, and Objective
4, Policy 4.1.
PLANNING &ZONING COMMISSION RECOMMENDATION:
At their April 13, 2004 meeting, the Planning & Zoning (P&Z) Commission, acting as the Local
Planning Agency held a public hearing and reviewed the proposed Large-Scale Comprehensive
Plan Amendment for the Poer Property. The following issues were discussed:
• Impacts on the roadways caused by all development in the northwest Ocoee: Director
Wagner indicated that this entire area had a transportation master plan as evidenced by
the Ocoee Crown Point PUD Traffic Impact Mitigation Plan (attached). He further stated
that this 29.25-acre parcel, the subject of this particular amendment, would not
significantly increase traffic on the roadways.
Although Ocoee-Apopka Road segment from Fullers Cross Road to McCormick Road
theoretically operates at level of service "F" when vested trips are added, this traffic is
not expected to occur until at least five or more years from now. During this planning
timeframe, the PUD Traffic Impact Mitigation Plan will begin to make incremental
improvements that correspond to the traffic increases created by the PUD.
Lastly, in the mid- to long-term planning timeframe, the entire area is the subject of the
Northwest Sector Study that is currently underway. The purpose of this study is to
develop an economically viable land use scenario that reflects the vision of the citizens
The Honorable Mayor and City Commissioners
July 19k 2004
Page 9 of 10
of Ocoee while producing the necessary funding solutions for the delivery of
infrastructure.
• Exact location of the 100-year floodplains and wetlands on the site: Director Wagner
indicated that there were no 100-year floodplains on the site. He further stated that the
Future Land Use Maps were conceptual and were not meant to reflect the exact wetland
boundaries, and lastly, that upon more detailed site analysis, the exact wetland
boundaries of the would be established.
• Delivery of the potable water and sanitary sewer. Director Wagner indicated that these
functions were Orange County's responsibility based on the interlocal service delivery
agreement for water and sewer. Orange County Utilities has indicated it has adequate
capacity based on its review of the Ocoee Crown Point PUD Master Plan.
• The provision of recreation for the area: Director Wagner indicated that the area would
be connected to the West Orange Trail, and that at some time in the future, the PUD
would be connected to the Lake Apopka Loop (bike path and trail) depending on the
availability of funding.
Lastly, within the Ocoee Crown Point PUD, the planned 23-acre community park
together with the Orange County School Board joint use agreement for the use of their
recreation facilities, and the planned pedestrian and bike paths will provide adequate
recreation facilities and opportunities for the small number of additional residents
produced by this addition to the PUD.
Director Wagner reminded the P&Z Commissioners that the subject of this particular large-scale
comprehensive plan amendment was only the 29.25-acre Poer Property, not all development
taking place in northwest Ocoee. The Poer Property amendment was consistent with the
Comprehensive Plan and, as indicated in the staff report, the incremental impacts on
infrastructure were minor.
There were no speakers for the public hearing.
The P&Z then voted unanimously to recommended that the Mayor and City Commissioners
transmit the proposed Large-Scale Comprehensive Plan Amendment that would change the
future land use classification on the Poer Property from Orange County "Rural Agriculture" to
City of Ocoee "Low Density Residential" and "Conservation/ Floodplains" future land use
classification.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA) RESPONSE TO TRANSMITTAL:
After the City Commission approved the transmittal of the above Large Scale Comprehensive
Plan Amendment to the DCA on May 4, 2004, the DCA determined that the proposed
amendment did not have to undergo a formal review and indicated the City could adopt
Ordinance 2004-09 without further delay(See attached DCA letter dated July 5, 2004).
The Honorable Mayor and City Commissioners
July 19k 2004
Page 10 of 10
STAFF RECOMMENDATION:
Based on the analysis above and the subsequent recommendation of the Planning & Zoning
Commission, Staff recommends the Mayor & City Commissioners adopt, without changes,
Ordinance 2004-09 approving the Large-Scale Comprehensive Plan Amendment, changing the
future land use classification on the 29.95-acre Poer Property from Orange County "Rural
Agriculture" to City of Ocoee "Low Density Residential" and "Conservation/ Floodplains" Future
Land Use classification.
Attachments:
Location Map
Ordinance 2004-09, Poer Property Comprehensive Plan Amendment
Ocoee Crown Point PUD Master Plan Map
Poer Property Legal Description
Orange County Existing Land Use Map
Current Future Land Use Map (without this amendment)
Proposed Future Land Use Map (with this amendment)
Ocoee Crown Point PUD Traffic Impact Mitigation Plan
City of Ocoee Adopted Comprehensive Plan disk (for the remaining supporting maps &text—
DCA only)
Department of Community Affairs Letter dated July 5, 2004
O:\Staff Reports\2004\SR04053 CC.doc
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ORDINANCE NO. 2004-09
CASE NO. AX-03-12-14: POER PROPERTY
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING
THE OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS
AMENDED; PROVIDING FOR AN AMENDMENT TO THE FUTURE
LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN TO
CHANGE THE USE OF LAND FOR AN APPROXIMATELY 29.25 ACRE
TRACT OF LAND LOCATED 2,000 FEET WEST OF STATE ROAD 429
(WESTERN EXPRESSWAY) OVERPASS AT FULLERS CROSS ROAD
FROM RURAL AGRICULTURE TO LOW DENSITY RESIDENTIAL
AND CONSERVATION/FLOODPLAINS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 18, 1991, the City Commission of the City of Ocoee (the "Ocoee
City Commission") adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes,
as set forth in Ordinance No. 91-28, which has been amended from time to time (the "Ocoee Comprehensive
Plan"); and
WHEREAS, the owner of certain real property (the "Owner") has submitted an application to
the City Commission to initiate Amendment No. AX-03-12-14 (the "Amendment") in order to amend the land
use designation of certain real property containing approximately 29.25 acres as more particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof(the "Property"); and
WHEREAS, on April 13, 2004, the City of Ocoee Planning and Zoning Commission, acting as
the Local Planning Agency, at an advertised public hearing recommended transmittal of the Amendment to the
Florida Department of Community Affairs; and
WHEREAS, the Ocoee City Commission held advertised public hearings on May 4, 2004 and
on , 2004 in order to obtain public comment regarding the proposed Amendment; and
WHEREAS, the Ocoee City Commission has considered all oral and written comments
received during the public hearings, including the recommendations of the Local Planning Agency; and
WHEREAS, the Ocoee City Commission desires to adopt the Amendment with such changes
thereto as the City Commission deems appropriate.
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 Section 163.3191 and Chapter 166,
Florida Statutes.
006.306620.3 -1-
Section 2. Comprehensive Plan Amendment. The land use designation as set forth on the Future
Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Rural
Agriculture" to "Low Density Residential" and "Conservation/Floodplains" The Future Land Use Map, as
revised pursuant to the Amendment, is attached hereto as Exhibit "B".
Section 3. Public Participation Procedures. The Ocoee City Commission hereby finds that the
Amendment has been adopted in conformity with the Public Participation Procedures set forth in Section 10 of
the Ocoee Comprehensive Plan.
Section 4. Transmittal of Adopted Amendment. The Ocoee City Commission hereby designates the
Director of Community Development as the designee of the City Commission to transmit the adopted
Amendment pursuant to the requirements of Section 163.3184(7), Florida Statutes.
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 shall become effective immediately upon passage and
adoption.
006.306620.3 -2-
PASSED AND ADOPTED this day of , 2004.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY ADVERTISED: April 1, 2004 - CC1
THE CITY OF OCOEE, FLORIDA Transmittal
APPROVED AS TO FORM AND AND _, 200_ - CC2 Adoption
LEGALITY THIS DAY OF Public Hearing
, 200_ READ FIRST TIME: May 4, 2004 - CC1
Transmittal
FOLEY & LARDNER READ SECOND TIME AND ADOPTED
_, 200_ UNDER
By: AGENDA ITEM NO.
City Attorney
006.306620.3 -3-
Exhibit "A"
Legal Description
Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South, Range 27 East, run
thence North 904.86 feet, thence East 1,683 feet, then South 904.86 feet, then West 1,683 feet to Point of
Beginning.
LESS:
Begin at point 957 feet West and 904.86 feet North of the Southeast Corner of Section 1, Township 22 South,
Range 27 East, run thence West 1,200 feet, thence South 16 feet, thence Northeasterly 1201.9 feet to a point
due South of the Point of Beginning, then North .82 feet to the Point of Beginning.
006.306620.3 -4-
•
Exhibit "B"
Poer Property
Proposed Future Land Use Amendment
0.ea Community Devebpment
Department
1 inch equals 500 feet LOR
0 130 260 390 520
Q:MCIMMI Feet
Printed: 42004
Ocoee Crown Point PUD
DSubject Property
Unincorporated Territory
®and Other Municipalties
Low Density Residential
Medium Density Residential
MI High Density Residential
MN Professional Offices and Services
=Commercial
-';e- Light Industrial j
Heavy Industrial
Conservation/Floodplains
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•,•::;;;-:-..;e:: Ocoee Crown Point PUD Master Plan
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Poer Property Legal Description
Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22
South, Range 27 East, run thence North 904.86 feet, thence East 1,683 feet, then South
904.86 feet,then West 1,683 feet to Point of Beginning.
LESS:
Begin at point 957 feet West and 904.86 feet North of the Southeast Corner of Section 1,
Township 22 South, Range 27 East, run thence West 1,200 feet, thence South 16 feet,
thence Northeasterly 1201.9 feet to a point due South of the Point of Beginning, then
North .82 feet to the Point of Beginning.
O:\DEVELOPMENT REVIEW\Projects 2004\Poer Property\Poer Property Legal Description.doc
Orange County Existing Land Use: Poer Property
7( Bridges Belle Isle
El Orange County Boundary ,;E Eatonville
X,12` Railroads r Edgewood
Streets al Lake Buena Vista
Parcels Maitland
Named Lakes and Waterways Oak la nd
Ocoee
Unnamed Lakes and Waterways Orlando
Existing Land Use(1997) Unincorporated
O COMMERCIAL Windermere
O CONSERVATION Winter Garden
O INDUSTRIAL Winter Park
O INSTITUTIONAL Orange County Area
O LOW DENSITY RESIDENTIAL
Q LOW.MEDIUM DENSITY RESIDENTIAL
a MEDIUM DENSITY RESIDENTIAL
O NO DESIGNATION
0 PARKS AND RECREATION
-,.m._,...-.._.... ,...
\N RURAL.AGRICULTURE
O WATER BODY
Border Counties
2 /, BREVARD
• 1 ." HERNANDO
LAKE
OSCEOLA
, / r` \ \ 1( POLK
e J \\ SEMINOLE
e �--^- N\NS
SUMTER
f!/ '` VOLUSIA
Cities
Apopka
Bay Lake
(contp
1'3 KJ(i Map Conte-:51 33"46'W.29 35 47 N
Orange County Florida Map Viewer April 06, 2004
Orange County (Current) Future Land Use: Poer Property
1 limitt:),. +
E Bridges O Medium Density Residential(MD( VOLUSIA
Orange County Boundary 0 Medium DensityResidential:Planned Cities
Railroads DovetonPD)
MU!Plennennetl DeneDsvelopme m(MUPD) Apopka
I Streets O Neighborhood Activity Corridor(NAC' Bay Lake
r._ Parcels O Neighborhood Center(NC) Belie Isle
A
Eatonville
", .---•-- - � Orange County Future Land Use = Neighborhood Residential(NR) 11111
ED Rural 111(111) O Office(0) r Edgewood
O Rural 1/2(112) O Office/Commercial/SH/Planned
mg
Buena Vista
'p,:;(?: Rural 1/5(1!5) Development(O!CrSH/PD) Malta nd
OTfieslLow Density Residential!Plannetl Oakland
•
En Activity Center Mixed lice(ACMU) O Development(O!LDYPD) Ocoee
- .-� Q Activity Canter Residential(ACR) O Office/Planned Devalopment(O!PD}
UI11110crpii stL' O Coremerclel(C) ORLANDO Orlando
Unincorporated
O Commerclel/High DensiTy O ParkslRecreation(P:R)
• Reside ntlallPlannetl Development ParkingrRetrLow Denslry Windermere
_. (ClHWPD) O RssldentlallPlannvd + Winter Garden
�" O CommerclalllndustrlallPlanned
Dave lopmem(PARK1NGlRET1LD:PD( Winter Park
Davalopment(C111P0) El Planned Development(PD)
ED Commercial/Lon/Density Orange County Area
Residential(C!LD/PD) O Planned
-• _ mCommercial/Office/Plannedd
Dove lopmem(PD!RESTAURANTFCONVENI•
O Devolopant(CJO/PD) ENCS STORE)
~ El, Q CommerclailPlanned Development(C1PD) Rural(R)
t O Community Village Center(CVCI
Q Rural/Planned Devatopmeet(R1PD)
High Density Residential(HD) 0 Rural Settlement�Low Density(RS/LD
O Traditional Neighborhood(IND)
• ® Industrial(I) 0
TSIMOJHIOIPD
a Industrial/Commercial/Planned
DevelspmendliC1PD) Q TS/Planned DeveloPant S1PD)
El IndusriatInstitutlonai/OHlcelCommerci• O Village(V)
al/Low Density Residential/Low-Med O Water Body IWB)
- Density/Planned
Development(TIN/OICJLD/LM'MD/CONS/PD) Border Counties
O Industrial/Planned Development(l/PD)
0 Institutional(IN) BREVARD
O Low Density Residential(LW HERNANDO
O Low Density LAKE
r
Reside ntial/Commerc lallPlanned OSCEOLA
Dovelopment(LD'CiPD)
t i r = Low Density Reidentlal/Planned PASCO
srte., . • r LemPOLK
SEMI
L v 0 Low-Medium Density(LM) SENINOLE
1 -(I • -(118Y 81e�3,50 W 28"3rJ' 30' Is. O Low-Medium Density/Planned BUNTER
Dave lopme nt(LM/PD)
(conn (cont)
Orange County Florida Map Viewer April 06, 2004
Poer Property
Proposed Future Land Use Amendment
Ocoee Community Development
Department
1 inch equals 500 feet CONS LDR
0 130 260 390 520
Feet
Printed: 4/2004
Ocoee Crown Point PUD
aSubject Property
Unincorporated Territory
MINIMS
"" and Other Municipalties
Low Density Residential
Medium Density Residential
1111.High Density Residential
Professional Offices and Services
IIIII Commercial
111111 Light Industrial
IIIII Heavy Industrial
1111 Conservation/Floodplains ` ••
Recreation and Open Space \ -
IIII Public Facilities/Institutional •
Road Right-of-Way •
Lakes and Water Bodies •
111111 �' • •
F
__ 0 •'
. • Ali! -7111.411p
•0. 1104
• IA
��.;
Traffic Impact Mitigation Plan
ca Road Improvement Timing
O. .
Q C Ocoee Crown Point •
Two-lanes of the tour-lane section from the terminus of Ocoee Crown Point Parkway to
the extol the proposed four-lane section Completion required prior to issuance on a Certificate of Occupancy for a building within Tra35(t6o'r5chool).
n 0 Parkway Extension -
a ' (segment 1) _ - Thanes from the terminus of four-lane section to the residential subdivision entrance Completion required prior to issuance on a Certificate of Occupancy fora building within Tract 5(l 0Sfioot).
Era
C Ocoee Apopka - With construction of the Clarcona Ocoee Road project.Addition of SB right-turn lane Upon completion of the Clarcona Ocoee Road project,the developer of the V/WO Bay prcert>�t rud this improvement.
o += Rcad'Occee Crown Pointdcompletionproject, developerWestynBay project trdsastruct this improvement.
• With construction of the Garcons Ocoee Road project.A.,dibon of NB left-turn lane Upon of the Ctarcona Ocoee Road ro sett the of the
Q. 2 Parkway Intersection
• West approach including E8 lett-tum lane,two thru lanes and right-tum lane Previously completed by the Westyn Bay developer.
C 0 • Wtth construction of the Clarcona Ocoee Road project,Addition of two W8 thru lanes to
fl. serve the Ocoee Crown Point Parkway Extension Upon completion of the Clarcona Ocoee Road project,the developer of the Westyn Bay project of martial this improvement.
0 • With the construction of the Clarcona Ocoee Road project,Potential for meeting signal Upon complet on of the Garcons Ocoee Road project,Completion is required prix to issuer=oeaCt3afi ate of Occupancy for any
V _E warrant requirements(the need to a signal should be analyzed later and installed when building QxteDt within Tract8,9,10 and 11.
CI) 0 warranted) •
O Ocoee Crown Point • Final two-lanes of the four-lane section Completion required prior to issuance on a Certificate of Occupancy for a building within Tract 2(.Resile ntial Tract).
Parkway Extension
0 L (segment 2) • Two-lanes from the residential subddvision entrance to Fullers Cross Road including
• Q i— signalization of West Orange TraiVOccee Crown Point Parkway intersection. (The need Completion required prior to issuance on a Certificate of Occupancy fora building within Tract.13(FxsflepootITownhomes).
for a sidnal should be analyzed later and instated when v.srr einem
Fitters Cross • Addition of W8 right-turn lane Completion required prior to issuance on a Certificate of Occupancy fora building within Tract13(asCepoVTownhomes).
RoadrOcoee Crown Point • Addition of ES left-turn lane Completion required pl q prior to issuance on a Certificate of Occupancy for a building within Tract 13(BraDepoVTownhomes).
Parkway Extension
Intersecron • Potential for meeting signal warrant requirements(the need for a signal should be Completion required prior to issuance on a Certificate of Occupancy for a building within Tract 13(BrsDepol/Towntomes).
analyzed later and inctalled when warranted)
• Adson of separate SB left and right-tum lanes from Ocoee Crown Point Parkway Completion required prior to issuance on a Certificate of Occupancy for a building within Tract 13(61sDepot/Tovmhomes).
Village Center Drive • From Ocoee Crown Point Parkway to Ocoee Apopka Road Completion required prior to issuance on a Certificate of Occupancy fora building within Trad Kilt 8C.SD,6E.6F,6G.7A or 78.
• Addittion of SB right-turn lane Completion required prior to issuance on a Certificate of Occupancy for a building within Tract64,61(,60,SD,6E.6F,6G.7A or 78.
Ocoee-Apopka
Road^Nest Orange Trail • Addition of NB left-turn lane Completion required prior to issuance on a Certificate of Occupancy for a buildirxt within Tract 6k 83,6C,60,6E,6F,6G,7A or 78.
(Village Center Drive)
Intersection • West approach including E8 left-turn lane and share era/right-tum lane Completion required prior to issuance on a Certificate of Occupancy fora building within Tract EA,8d,6C,SD,6E,6F,66.7A or 78.
• East approach providing shared lett/thnrlright-tum lane Completion required prior to issuance on a Certificate of Occupancy for a building within Tra t(4ke„6C,60,6E,6F,6G,7A or 78.
• Signal and pedestrian crossing modifications to support vehicular traffic from side streets f Completion required prior to issuanpe on a Certificate of Occupancy fora building within Tract6A.59,6C,60,6E,6F,66,7A or 7B.
(the need for a signal should be analyzed later and installed when warranted)
Trail Road • From West Orange Trail to Village Center Drive Completion required prior to issuance on a Certificate of Occupancy for a building within Tract 61),fig-6G,7A,7B,or 13 if developed
for townhomes. .
• From West Orange Tail to end Completion required prior to issuance on a Certificate of Occupancy for a building within Tract B),t, 7B or 13 if developed for
townhomes.
Ocoee-Apopka • Addition of left-turn lanes in the EB and NB approaches 1 Completion required prior to issuance on a Certificate of Occupancy for a building within TradSorTea 10.
Road,•Fulters Cross Road • AtWf-on of a NB right-tum lane Completion required prior to issuance on a Certificate of Occupancy for a building within Tract 9al art 10.
intersection
• Addition of telt-tum lanes in the WB and SB approaches Completion required prior to issuance on a Certificate of Occupancy for a building within Tract 9crTact 10.
• Addition of ES left-turn lane Completion required prior to issuance on a Certificate of Occupancy fora building within Trade cTact 10.
• Improvements to signalization,if requirements warrant(the need for improved t•
signalization should be analyzed later and installed whenwarranted) Comple ion required prior to issuance on a Certificate of(Occupancy for a building within Tr.d9u Tact 10.
Notes; The focal two-lane road through the residential subdivision and the park area wit be constructed for the limits of the residential or community park development Completion of the entire roadway loop is not required fa one of the proposed
developments. Sub-phases for all improvements may be permitted based upon proportionate traffic impacts for each project.
•
•wpm:.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JESEUSH THADDEUS L COHEN,AIA
Governor • 'secretary
July 5,2004
The Honorable S. Scott Vandergrift JUL 9 2004 .J
Mayor,City of Ocoee
150 North Lakeshore Drive
Ocoee,FL34761 CITY OF OCOEE
Dear Mayor Vandergrift:
The Department has conducted a preliminary review of the City of Ocoee's proposed
comprehensive plan amendments received on June 1,2004,DCA Reference No.04-1.
The Department has determined that the proposed plan amendments need not be formally
reviewed for consistency with Chapter 163,Florida Statutes, and Rule 9J-5,Florida
Administrative Code.In addition,the Department has not received any recommendation for.
review from the East Central Florida Regional Planning Council or any affected person
regarding the proposed amendment.
Therefore,the proposed amendment will not be reviewed and the Objections,
Recommendations and Comments report will be waived. The local government may proceed to
immediately adopt the amendment. After adoption,please submit three copies of the adopted
amendment to the Department for our final compliance review,consistent with the requirements
of Rule 9J-11.011,F.A.C.
Please be advised that Section 163.3184(8)(c),Florida Statutes, requires the Department
to provide a courtesy information statement regarding the Department's Notice of Intent to
citizens who furnish their names and addresses at the local government's plan amendment
transmittal(proposed)or adoption hearings. In order to provide this courtesy information . •
statement,local governments are required by law to furnish the names and addresses of the
citizens requesting this information to the Department. Please provide these required names
and addresses to the Department when you transmit your adopted amendment package for
compliance review. In the event no names,addresses are provided,please provide this
information as well. For efficiency,we encourage that the information sheet be provided in
electronic format.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 830.488.8468/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0751
Internet address: ►1tto://www_dce.stete.fl.us
owner*.STAn CONCERN Fiit.a MF ICH COMM N!TV mamma EMIROIWGY MANAOEMiNT HouSewa L CoMMutery CtVELO►MENT
2Tte oversees Myrey.Sd$.112 255$*word oak eeuiev.M 7666 Shuman(oak w&e .d 2666 Sum('oah oouN.erd
Mretkrt iR 25050.2;ZT 17.MMeeeee,FL 323064100 Ta phos.,..F.72299.21011 TMehas s.)Fl 72291.2100
(703)209.24022 (ISO)ate Me ace;411.Q$ IMr,ur►.vrs.
The Honorable S.Scott Vandergrift
July 5,2004
Page 2
Further,the Department's notice of intent to find a plan amendment in compliance shall
be deemed to he a final order if no timely petition challenging the amendment is filed. Any
affected person may file a petition with the agency within 21 days after the publication of the
notice pursuant to Chapter 163.3184(9),F.S.
This letter should be made available for public inspection. If you have any further
questions,please contact Ana Richmond at 850-922-1794.
Sincerely yours,
CjA
Charles Gauthier,AICP
Chief,Office of Comprehensive Planning
CG/ar
cc: Ms.Sandra Glenn,Executive Director,East Central Florida RPC
Mr.Terry L.James,AICP,Principal Planner,Community Development Department