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HomeMy WebLinkAboutVII(A3a) First Reading of Ordinance 2004-18 Westridge PUD, Small Scale Comprehensive Plan Amendment Agenda 08-03-2004 ter of GoodItem VII.A.3a. Mayor ,s.�e Ceri LI vd' Commissioners opirmilmk S. Scott Vandergrift ;�., Danny Howell,District 1 Scott Anderson, District 2 Cit Manager .� = Rusty Johnson,District 3 Y g Robert Frank - Nancy J. Parker,District 4 STAFF REPORT To: The Mayor&City Commissioners From: Terry L. James, AICP t.4 tqf Principal Planner-Planning Division Through: Russ Wagner, AICP Community Development Director 1112,13 • Date: July 19, 2004 S ' N ridge PIM 'Fes_ ;, A. -• A-02-003 ,. �xice• •- ISSUE: Should the Mayor & City Commissioners adopt Ordinance 2004-18 approving a Small-Scale Comprehensive Plan Amendment to change the Future Land Use Map designation from City of Ocoee "Low Density Residential"to City of Ocoee"Commercial"? BACKGROUND: General Location: The parcel (shown as Parcel A on the Location Map) is located in the northwest portion of the larger Westridge PUD (shown as Parcels A & B on the Location Map). The entire Westridge PUD is located at the southeastern corner of the intersection of Maguire and Moore Roads. Parcel Identification#: 32-22-28-0000-00-054 Property size: 8.4 +/-acres Previous Local Government Actions: A similar Small Scale Comprehensive Plan Amendment and associated land use plan amendment was denied by the City Commission on October 6, 1998. Actual land use, unique features, and Future Land Use Map consistency with the surrounding properties: The property.is,currently vacant with a designation of "Low Density Residential" on the Future Land Use Map. There are no unique features on the property. City of Ocoee- 150 N Lakeshore Drive•Ocoee,Florida 34761 phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us Westridge PUD SSCPA-02-003 Page 2of9 Future land use classification of the subiect property: TABLE 1 LAND USE CLASSIFICATION: CURRENT PROPOSED Future Land Use City of Ocoee/Low Density Residential City of Ocoee/Commercial Current future land use of the surrounding properties: TABLE 2 DIRECTION: JURISDICTION CURRENT FUTURE LAND USE North City of Ocoee Low Density Residential,High Density Residential,Commercial,Professional Offices&Services East City of Ocoee Low Density Residential(Westridge PUD) South City of Ocoee Conservation/Floodplains,Recreation&Open Space,Public Facilities& Institutional,Low Density Residential West Orange County Low Density Residential,High Density Residential,Commercial(Orange County Belmere PUD) The specific uses of the properties located south of this property are Windsor Landing subdivision, Freedom Park, and the Thombrooke Elementary School (See Location Map). The requested "Commercial" Future Land Use Map Classification is not consistent with the adopted Comprehensive Plan's Future Land Use Map that shows this parcel as "Low Density Residential". DISCUSSION: Impacts on Infrastructure Estimation of the impacts on infrastructure is an incremental analysis of the current Low Density Residential future land use classification and the proposed Commercial future land use classification. The existing Low Density Residential development scenario yields 34 total single-family dwelling units [8.4 acres*4 dwelling units per acre]; however, the proposed Commercial development scenario must be calculated indirectly, based on the PUD restrictions, and the developer's estimated uses. The estimated demands are based on the following commercial development scenario: TABLE 3 LAND USE ITE LAND USE ESTIMATED BUILDING COVERAGE-GROSS CODE SQUARE FOOTAGE' Office 710 50,000 gsf Retail 820 40,000 gsf 'Based on the applicant's traffic impact analysis;the remaining Single Family Residential trips are not considered,as they have remained unchanged from previous plan. Transportation: • Availability of Transportation Facilities The current Average Daily Traffic (ADT) and Volume to Capacity ratio on Maguire Road/County Road 439 are as follows: • Westridge PUD SSCPA-02-003 Page 3 of 9 TABLE 4 FROM TO LANES ADOPTED ADOPTED LOS 2004 AVERAGE VOLUME/CAPACITY LOS NUMERIC DAILY TRAFFIC RATIO STANDARD CAPACITY STANDARD Gotha Roberson- 2 D 17,400 14,764 .62 Road Moore Road Roberson- Tomyn Road 4 E 34,200 20,551 .51 Moore Road The current Average Daily Traffic (ADT) and Volume to Capacity ratio on Roberson- Moore Road are as follows: TABLE 5 FROM TO LANES ADOPTED ADOPTED LOS 2004 AVERAGE VOLUME/CAPACITY LOS NUMERIC DAILY TRAFFIC RATIO STANDARD CAPACITY STANDARD East of Maguire 7'" 2 D 14,200 2,369 .18 Road Avenue Windermere Maguire 2 D 12,100 8,659 .60 Road Road • Estimated Demand on Transportation Facilities TRIP GENERATION: TABLE 6 FUTURE LAND USE MAXIMUM DENSITY STANDARDS- ESTIMATED DEMAND CLASSIFICATION MULTIPLIER CURRENT Ocoee/Low Density 4 DU/Acre 10 ADT/Dwelling Unit' 34*10=340 Total ADT Residential PROPOSED Ocoee/Commercial Office:50,000 gsf Based on ITE Trip Generation rates. 3,557 Total ADTZ Retail:40,000 gsf 'Based on applicant's traffic impact analysis,the Single Family Residential(ITE Code 210)trip generation for the current residential land use. 2 Slatting Jackson summary of"net external trips"pass out at the 7-13-04 P&Z meeting TRIP DISTRIBUTION: TABLE 7 ROADWAY FROM TO ADOPTED LOS 2004 AVERAGE VOLUME/CAPACITY NUMERIC DAILY TRAFFIC RATIO WITH PROPOSED CAPACITY WITH PROPOSED FLUM AMENDMENT STANDARD FLUM (EXISTING) AMENDMENT Maguire Road Gotha Road Roberson- 17,400 14,764+427= .87(.62) Moore 15,191 Road Roberson- Tomyn 34,200 20,551 +2810= .68(.51) Moore Road 23,361 Road Roberson- East of Maguire — 14,200 2,369+107= .17(.18) Moore Roads Road 2,476 Windermere Maguire 12,100 8,659+213= .73(.60) Road Road 8,872 The incremental traffic increase for the proposed amendment, in absolute terms, is 3,217 (3,557 —340). These increases when distributed according to the applicant's traffic impact analysis will Westridge PUD SSCPA-02-003 Page 4 of 9 not lower the existing Level of Service (LOS)below the adopted LOS standard contained in Comprehensive Plan as shown in Table 8, below. TABLE 8' ROADWAY FROM TO LANES ADOPTED 2020 PEAK HOUR- RESULTING LOS PEAK DIRECTION: LOS STANDARD Volume Capacity V/C PERFORMANCE Ratio Maguire Gotha Rd. Roberson- 2 D 1,309 1,583 .83 D Road Moore Rd. Roberson- Tomyn 4 D 2,129 3,167 .67 C Moore Rd. Rd. Roberson- Windermere Maguire 2 D 722 1,192 .61 C Moore Rd. Rd. Rd. Maguire Rd. 701 2 D 681 1,192 .57 C Avenue 'Taken from Table 21:"Future Peak Hour/Peak Direction Levels of Service,2020"pp.2-54-55,Transportation Element/Ocoee Comprehensive Plan Table 7 shows the increase project traffic will make on the critical section of Maguire Road between Moore-Roberson and Tomyn Road totaling 23,361 Average Daily Traffic (ADT). The peak hour-peak direction volume for the same roadway section contained in Table 8 from the adopted Comprehensive Plan for the year 2020 is 2,139. As a general rule for transportation planning, peak hour represents 10% of the ADT; therefore, the peak hour from Table 7 for this roadway segment is approximately 2,336 (23,361*10%). This means that the 2,336-peak hour estimate in 2004 already exceeds the peak hour estimate of 2,139 for the year 2020. With the increase development to the south of Ocoee and the lack of adequate north-south roadways leading to the heavy commercialized corridor on SR 50 and the interchanges for the Florida Turnpike and the East-West Expressway, traffic from outside the City will increasingly and seriously impact this critical segment of Maguire Road. The Community Development Department and the City's traffic consultant are studying this issue further to determine how serious this increase will affect the roadways and present these results at the Public Hearing. Potable Water&Sanitary Sewer: • Availability of Potable Water&Sanitary Sewer Facilities The parcel is within the Orange County Utility Service Area. The County has adequate capacity to provide potable water and sanitary sewer facilities. • Estimated Demand on Potable Water& Sanitary Sewer Facilities There are no deficiencies; the County will be able to provide both potable water and sanitary sewer for this site. Drainage: No accurate demand estimate is available based on future land use designations; however, adequate stormwater management facilities will be required in accordance with the SJWMD rules. Westridge PUD SSCPA-02-003 Page 5 of 9 Solid Waste: • Availability of Solid Waste Solid waste disposal will be provided by the Orange County Landfill (a Class 1 Facility). This facility 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 TABLE 9 FUTURE LAND USE MAXIMUM DENSITY STANDARDS/MULTIPLIER ESTIMATED CLASSIFICATION DEMAND CURRENT Ocoee/Low Density 4 DU/Acre 34 DU •6(lbs./person/day)' '2.99 610 Ibs/day Residential (person/household)2 PROPOSED Ocoee/Commercial Based on the No commercial standard exists N/A development scenario outlined above. City of Ocoee Solid Waste Sub-Element,page 4.2-4 2 City of Ocoee Housing Element,page 3-4 The Orange County Landfill has adequate capacity to provide for solid waste. Recreation: • Availability of Recreation Facilities This area is serviced by Freedom Park and a joint use agreement with the Orange County School Board for Thombrooke Elementary School. • Estimated Demand on Recreation Facilities TABLE 10 FUTURE LAND USE MAXIMUM DENSITY STANDARDS/MULTIPLIER ESTIMATED CLASSIFICATION DEMAND ' CURRENT Ocoee/Low Density 4 DU/Acre 34 DU*2.99(person/household)1* 0.4 acres Residential 0.004 acres of parks&open space /resident PROPOSED Ocoee/Commercial Based on the No standards for commercial N/A development scenario development. outlined above. 'City of Ocoee Recreation&Open Space Element,page 6-15 There are no recreational parks and open space standards for non-residential development. impacts on Existing and Future Land Use This proposed future land use map classification change will impact and be impacted by the surrounding land uses. As indicated above, the Westridge PUD restrictions will limit the allowable uses on this parcel to low intensity uses that are consistent with a "neighborhood shopping district' land use. Neighborhood Shopping Districts have a service or market area of Westridge PUD SSCPA-02-003 Page 6 of 9 approximately 1-1 1/2 miles. For this proposed amendment additional reductions in the market area are required since the Florida Turnpike acts as a major barrier to properties to the north by limiting north-south access. As a result the normal 1-1 1/2 radius is reduced to only include properties south of the Turnpike (see attached Future Land Use Map). All commercial uses need an adequate number of residential units within their market area to provide the customer base to insure economic viability. The residential uses within proposed Westridge neighborhood shopping district market area are at 75-80% build out resulting in a limited base of new customers to support the commercial land uses in the vicinity of the intersection of Maguire Road and Roberson-Moore Road. Currently, the Plantation Grove Shopping Center has 7-8 acres yet to be built out, and for all for all practical purposes, provides adequate neighborhood commercial uses to serve this developed market area. The 1-1 %2 mile market area for a neighborhood-shopping district at the proposed location contains the following existing Future Land Use classification acreages: TABLE 11 FUTURE LAND USE CLASSIFICATION' TOTAL ACRES Commercial 136.3 Professional Offices&Services 29.6 'Only future land uses classifications within the Joint Planning Area. On Maguire Road between the Florida Turnpike and Tomyn Road, additional intense commercial uses are planned including another proposed shopping center and other associated commercial uses. These extensive amounts of commercial land uses also limit the demand for further neighborhood-shopping district development. Other proposed uses located at the corner of the Maguire Road-Roberson-Moore Roads intersection further limit the need for additional changes to higher intensity uses as follows: • Northwest Corner: Professional Offices & Services land use classification totaling 29.6 acres; these properties are located within Orange County and the City. Those parcels within the City are also zoned Professional Offices&Services; and • Southeast Corner: The Belmere PUD is within the County, and has a large residential component in addition to properties in the northwest section of the PUD along Roberson- Moore and Maguire Roads that have been designated for commercial/retail development as follows: TABLE 12 1 LOT ACRES USE ZONING UMITS,IF ANY 774 5 Adult Congregate Living Facility or nla 130 units/260 beds maximum Assisted Living Facility 775 2 Commercial and/or Professional Orange County C-1&PO Not more than 42,960 sq.ft of air- 776 1 Commercial and/or Professional Orange County C-1&PO conditioned building space. 777 1 Commercial and/or Professional Orange County C-1 &PO 773 15.7 Multi-Family. n/a 180 Unit maximum Glenmuir Properties Ltd., who is also an applicant for the Westridge PUD small-scale comprehensive plan amendment, currently owns these parcels. The County C-1 and P- O zoning districts are "Retail Commercial" and "Professional Office" districts, respectfully. These districts provide for a full range of commercial and professional office uses (see the attached Orange County Belmere PUD Site Plan)that are similar to Westridge PUD SSCPA-02-003 Page 7 of 9 the uses requested for the Westridge PUD amendment. Also an 8-10 acre tract at the northwest corner of Roberson Road and Windermere Road in Winter Garden is designated for neighborhood commercial development. As indicated above, there is an abundance of available Commercial and Professional Offices & Services future land uses within the 1-1 1/2 mile market or service area of the proposed neighborhood-shopping district. The abundance of these commercial uses will more than adequately serve this area for now and into the future. Adding more commercial land will only serve to dilute the ability of existing lands zoned for this purpose to develop, and introduce high intensity uses in close proximity to high quality homes in the immediate vicinity of the property. PLANNING &ZONING COMMISSION: On July 13, 2004 the Planning &Zoning Commission met to consider the proposed Small Scale Comprehensive Plan Amendment and held the required public hearing. During the public hearing,the following speakers presented and discussed these issues: D. Saathoff/Akerman Senterfitt, representing the applicant: The staff and the Planning &Zoning Commission both recommended the same plan in 1998, and, at that time, the report indicated that the plan was consistent with the adopted comprehensive plan [Saathoff read portions of the previous staff report]. What has changed since 1998? This current plan represents improvements to the 1998 plan. The objections concerning the oversupply of commercial land uses and potential traffic problems on surrounding roadways are faulty and not objective. For the oversupply allegations, no objective standards were used and the analysis only considered the quantity and not the quality of the commercial land uses within the service area. There was no analysis of the residential land uses (potential purchasers goods and services) in relation to the commercial land uses (the sellers of goods and services). Lastly, the traffic analysis was not based on correct data since the Glatting Jackson (traffic consultant) study was an access study and not a full traffic study. J. Moore/Glatting Jackson. representing the applicant: The 2003 study was an access study, not a traffic study. The difference is that the "pass-by" and "internal capture" trips will reduce the total trips generated by the proposed land uses to produce "net external trips". This will reduce the total from the current 5,306 gross external trips to 3,557 net external trips. [Note: these new trip numbers have been included in the transportation section above.] These volumes will not degrade the existing LOS standard on the surrounding roadway in the present or in the future. Perhaps the perceived problem concerning future traffic volume on these roadways are caused by double counting the traffic generated from previously counted land uses. Brenda Larsen/Cross Creek Subdivision, a citizen: The additional commercial development would bring additional traffic, decrease the beauty of the surrounding area, and generally reduce residential property values. Pamela Helbling/Windsor Landing Homeowners Association (HOA)-Board of Directors: The Windsor Landing HOA opposes the change from residential to commercial. Plantation Groves Shopping Center meets the areas needs for shopping. The added commercial will decrease residential property values and erode the area's aesthetics. The area has changed greatly since the 1998 plan that was recommended by Staff and the P&Z Commission. Westridge PUD SSCPA-02-003 Page 8 of 9 Bob Ferdinand/Plantation Groves Shopping Center: As the one original developers of the shopping center the commercial out-parcels on the south end of the shopping center had to wait until for the demographics to improve and the population to increase before they could be developed. These out-parcels at Plantation Groves Shopping Center will be developed this year along with the Key Isle Apartments-Phase 2. The question of the "quality" vs. "quantity" of commercial should not be an issue; the commercial land uses to the north are as good as the commercial land uses to the south. Moe Mado/Cross Creek Subdivision, a citizen: Opposed the proposed commercial development. Brian Pinckney/Oaks of Windermere Homeowners Association (HOA)-Board of Directors: None of the Westridge PUD should be developed, but, if it has to be developed, then commercial would be best since it will not produce additional children to crowd the Thomebrooke Elementary School. Additionally, 7th Avenue should not be opened because of the safety issues of children walking to the school. Hann Strange/7th Avenue. citizen: Understands that 7th Avenue will be opened for access to the school and would not oppose commercial uses since it will not produce school age children like the residential use D. Saathoff/Akerman Senterfitt, representing the applicant: The development review process concerning the proposed commercial and office development will be analyzed to identify the problems or impacts of the development and then these impacts will be mitigated. 7t'Avenue is listed as a collector road in the comprehensive plan. If the proposed commercial land use would be developed as residential it would produce approximately 62 elementary age school children. This would translate to 3 classrooms at 20 children per classroom. [Note: According to the Orange County Public Schools, there are 0.32 elementary school children per single-family residence. Based on the existing Westridge Subdivision Plan, at 2.9 net residential dwelling unit per acre (151/50.9) the total net residential dwelling units for 9- acre Parcel A is 26 (9*2.9) producing approximately only 9 (0.32*26) elementary school children that would impact the Thornbrooke Elementary School] Russ Wagner, Community Development Director: As a point of clarification, the issues concerning 7th Avenue should not be applicable to this amendment, since the roadway was there since the adoption of the comprehensive plan. The Public Hearing was closed and the case was then discussed among the Planning & Zoning Commissioners: Commissioner Rifle indicated that she did not want residential backing up to an intersection and this was a good location at an intersection for neighborhood commercial development that the area needed. The commercial land uses on Maguire Road to the north were not an appropriate location since they too large and not located at intersections. Plantation Groves Shopping Center does not provide adequate shopping opportunities for the surrounding neighborhoods. The traffic is not a problem since most of the trips are from the residential neighborhoods and adding commercial rather than residential as proposed will actually reduce traffic. Commissioner Riffe made a motion to approve the Small Scale Comprehensive Plan amendment changing the land use from "Low Density Residential" to "Commercial". Commissioner Keller seconded this motion. Westridge PUD SSCPA-02-003 Page 9 of 9 Commissioner Rhodus questioned what the specific uses were planned for the site. D. Saathoff/Akerman Senterfitt, representing the applicant: Specific uses would be hard to determine since it would be market driven, but most likely a pharmacy, restaurant, and dentist or doctor's office. Commissioner Keller indicated that the commercial in the north was not in the right place, the neighborhood commercial was needed, and the commercial would reduce the number of school children at Thomebrooke Elementary. Commissioner/Chairman Golden stated that at 8.4 acres it was too much commercial at that location; he would have been willing to approve less. Commissioner Sills indicated that the approval would be against Staff recommendations. Commissioner Campbell agreed with Commissioner Riffe that commercial was needed since many residents must travel outside Ocoee for needed services. Commissioner Moms indicated that there was already commercial on three corners and that commercial would lessen the impact on the elementary school. Paul Rosenthal/City Attorney suggested that the motion be modified to include subject to the Second Land Use Plan amendment and the Preliminary Subdivision Plan containing the restrictions. The motion was modified. The Planning & Zoning Commission then voted 5-3 in favor of recommending approval of the Small Scale Comprehensive Plan Amendment changing the future land use from "Low Density Residential" to "Commercial" subject to the Second Revised Land Use Plan and Preliminary Subdivision Plan for the Westridge PUD being approved. STAFF RECOMMENDATION: Based on the analysis above, Staff recommends the Mayor & City Commissioners deny Ordinance 2004-18 that would change the future land use classification on the 8.8 acre Parcel "A" of the Westridge PUD from City of Ocoee "Low Density Residential" to the City of Ocoee "Commercial". Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Market or Service Area for the proposed Future Land Use Amendment Belmere PUD Site Plan (Orange County) Ordinance No. 2004-18: Westridge PUD Small Scale Comp. Plan Amendment Westridge PUD Location Map ‘ , C r - .''. .\' ':. - . we i s.'4illaili.614 WIN.. 11 , — Vic ' - - 4 'f7A1 V, *it illik — . pii i 0.4•10, -- fp.' _ 2 ,P- 11111 .. > 11111 Q : rIII1I1EJ _ ---- pi.i!!!!!!!.. r 1 Moore Road , IMO\ -� no oParcel A W 5 .000 z // 1 Parcel B 52 / ip MOOR r nebroo�s Freedom Park U Thornebrooke _ Elementary II 0111111 School BRAELOCK '.. 1 — 7 iiiiii0s%1 . ,setrei imwesSta-.4 '111 IPlISI , • Nelms, .0 - - IRS A I Ennio . Q Westridge PUD Surrounding Future Land Use Map ISE 111101 _ �..w I� .1111 1111.■■■■■■■11■■■■1 e T� • �.' �F/�q �� Almg .. Miiialil............ ..2 O � �� � � i 1111 .0 MIIIIIMMIEM MO: - ,,,,,• �. '�Q oil spiv ii iiiii e�iiii i_ �mii. 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L Neighborhood Shopping (C-1) Community Commercial (C-2) ' •1U11n1111 sato° - General Commercial (C-3) _ 'Morn Restricted His-,-- &Warehousing Manufacturingru 11111 141111 ` I' R-1/4A General Industrial(1-2) Commercial (PUD) — —111111 _ _, ''�,,N Low Density(PUD) . — — ,,' Medium Density(PUD) f B'4E I' .. High Density(PUD) 11 _ r * w ////Unclassified / II 111111111 '. i Lakes and Water Bodies \� ! , Westridge PUD • Service or Market Area ej r-1 center of Good Liv. `�: ,:z.7„.:..:..- r a::- r 4 0 ia;''''' - t, ' 0 • CI _ . . ice■■ar7. ��FARMS RD - � WI 1 B1ML-Alykr, \��E��i Ocoee Community Development � `.;,.,y �a/�� � ����� \ i ��� '��� ill I: Department [ fin -1 vy A, A 1 , � .. 0 250500 1,000 1,500 2,000 ss ,' i `�-T : ``„�i � � �� �� VA,11111Feet o j �JN ���, . ll,c, HDR i » �y 7:1__ I�� � ,�l fir■ a ESTER LANES ITt�TT�y I T 11I r .on or NA Zo e Printed: July 2004 WARRIOR RD _ r LAUR N9URGLN k' •• ' �l'T� m■ ����a���■s \ ©N DR ` • moo8E '' ��A�• ���■i II ���� D Subject Property - i IN 'IMO II at. 6���k:RCREeNc �trwu■m ,-!11■ �is F.. * r, 0,- „.,,,t,,,.,--;, DGE CREEK RV i\\ _.. ---- i Low DensityResidentialti `, \\\ 11■nr - g� 4 w � "WINDING HOLLOW AV / 9 GROVESH RE CT,%,• Medium Density Residential e�;. ••/1/''''\',K.'6';`W �s �� q ® High Density Residential `.� wxIFFaRs M Professional Offices and Services , t� ✓ ,,: cEstCO¢� I 2 lY■■/per■, In Commercial ,' 1r .s ti•ro .u . y. 54 Si,1 0 mu._.. Light Industrial -,i '- ,' UT' laVI . .:'al •IMI L� r f ■mu k� Illi Heavy Industrial • r •, �usr i +: . ■■.■■ , = Conservation/Floodplains Gw _ 1i 11\. ■■ ;.Ei ....�i��TD. o ROBERSON RD .: „III 1 CTL a •::... It■It■■■■■ IIS Recreation and Open Space _. ■■■■ ■■ n - -- 1.i1 1 * �� - ®1 !I mup ,.,, ADR 111. a Public Facilities/Institutional eeuq n , :ca Lakes and Water Bodies • M .1..; 9 �� • _ —Joint Planning Area Boundary ” ra _ teat ��r h Parcel Boundaries 1111111N ■: ��”m ` ��� �,AgNo oRNEBRooK,Df3 __ ll i 111/IIIIN� ,,olisrnr�4 �,.,.;41.•� A , �/� Road Right-of-Ways q IMO MOM ���• 0� Nay• Vit• H 11111:44;:- I�,� ♦S (Ott P,y r 4jww • 11a1111L� �EY�SIBs ■ , 4"4,, CALLIOPE 5T Other Approved ■ 0 ` 1_r� i' GlE�U y DN WAY1SLEs'CT Commercial Locations •� _ ' sACECRes�o II 1 i—I r;r: �v. \ t.; 4 ,>irsr 1R��u ■■■� - r i m �T,,T-L-,- 7 .1 ... 1 / II���. fr Ill �'. > i.-\ � ' Ma al O' All 4� � III. / , i ,, 11�■�►Aillo El °III I I irk/ 1 / HI I _La • sY yr us (_„ , x .,, 4 v i x- i a. ar ,.I.• s,r,." "� _...- .._\ •``'1, r 4$j`'46"g iT <6„',.<9:,sow}t 31�sig ,11s�„ 5$ 36 1- Ot 774 �e' /' ,h # Jt. •i, £� s £ 5 Dares . * �� 1 67 4tt 130 uktil. 260 Dees max i 1 COMM ` N.�r Y grog ?ra� rotos`.,sv ' io#' rox/�' �f rr8 1 J FjjF yr'i v' ,:. "yr'"�`"w,"" :r"z_" far ,k‘ � '34 �59 13 ; 'tq t .: . 80 i. LOT 778 1 \, TRACT T • baa 1?=a COMM \ Y10 CV'S! J l � ;?2 ocrrs ..' '9 / (3`'�;' �J A sr awa. Imo. d'.r' . ;.,r.c+c —ter '' � "62 -, t xs,a1•� r.�.,�38 >'/t%#f^: r'# LOT 777 1 .ii, ,i`r21 r `.r z `, `.'°��`/ . 63 ) t COMM. , 1 4�/*`N. 7 Pfd :�:- ir 3ta.0 acres 1 -' ' \ .ate•- Qr'a,,,�^ ^• '�',�(�.Br±`".� 4r`�3,, f64 \:\s\1 � � \ > • ;fir ¢ R°MM. �,, \ \ LN.9 '''..4.4./,/7 ,f' 66 1 /-. *� ''� i ,A \1: acres , 4 7 • itJ„840. �r•'� j f s. ' LOT 77.3 lv� Ic im'! "4",,,y• ..`r, ., 0 9`s....1. ' i ±131.7 cues {=nc#u;tA 5v.t Tract BY ?� }'a r 824/"• 4.` '. R)r iHa Urii{S eTOY.I� "--- G ▪ ,� ., ',.1. A I, ;: ; ,4‘. !/ i v. UNIT /**t 89,E 30 �°`,f 81 N ^:1. •. cl ss �":. i 11 1 c ,� v,.,,, Nv.-A 1"v .,.. .,7f� � ,-.0_,,,,. s' 75,7,';', }.� VA ' r 4z. ,- -_,-% TRACT B y 1 1t111Y 4�i"tea` yr t. \A. e T O ¢,,M"�t yt 78 , 75 itA +� .'. a« b • „. _� I icti ./ i•--„,../ \\\\\) ) •, '''**..Thi) tes 1.j. {r A .'r rr r,._,,,,,,y_ 1` '" j � SAP: �' ... W —t- - v!• 7„?fr >r. �• {^�� • <O ��. . x 1R 14i w iS.` T s � #'y.. • �\ ,Z. � �r1Ir t�tr1�?r ..tk �► 4 jj({{(38 $ t\ 0 . • e it �l^ ! i1 ��te��►. ;,-/ illi . Aur' }( $J -'�.-•'"' ice- ;.,... ..; 4 if f 0:"� t �.'±{.,, . \fit ,A �7 11 1459. r37_______.„," ' \ r yas u» r».4r 4r"'`�. 16(0,, tj -.'' " " C J. .� ,r Vii. r te♦\.. -��� 45 }• 48 yi r _ .1 i, • .:. kr f`^+_. '+`s7 1..‘ ii Ai. .T ��. , .w ORDINANCE NO. 2004-18 • CASE NO. SSPCA-02-003: Westridge PUD Small Scale Comp. Plan Amendment 8.8 Acre Parcel 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 THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 8.8 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF MAGUIRE ROAD AND MOORE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance# 91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-02-003 in order to amend the Future Land Use designation of certain real property containing approximately 8.8 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and WHEREAS, Amendment Number SSCPA-02-003 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on July 13, 2004 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-02-003; and WHEREAS, on August 17, 2004 the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-02-003; and WHEREAS, 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"). ORDINANCE NO • T NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. Authority. 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 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density Residential" to "Commercial." A map of said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. 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 in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-02-003 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 take effect upon passage and adoption. 2 ORDINANCE NO PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Name: Title: S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME 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 ,2004. FOLEY& LARDNER LLP 4 By: City Attorney 3 ORDINANCE NO EXHIBIT "A" [INSERT LEGAL DESCRIPTION FOR 8.8 ACRE PARCEL] Exhibit"A" Legal Description:Parcel A . DESCRIPTION: That part of the Southwest 1/4 of Section 32, Township 22 East, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, and run N 89°55'55" E along the North line of said Southwest 1/4 for a distance of 95.38 feet; thence run S 00934'05"E for a distance of 40.00 feet to the South right- of-way line of Moore Road and the POINT OF BEGINNING; thence run N 89°55'55" E along said right-of-way line for a distance of 734.82 feet; thence run S 00`04'05" E for a distance of 518.02 feet to a non-tangent point on a curve concave Southerly having a radius of 510.00 feet and a central angle of 48°55'46"; thence run Westerly along the arc of said curve for a distance of 435.53 feet to the point of tangency; thence run S 70°38'22"W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 575.00 feet and a central angle of 179)0'24"; thence run Westerly along said curve for a distance of 170.67 feet to a point of non-tangency on the East right-of-way line of Maguire Road; thence run N 00°21'38" W along said East right-of-way line for a distance of 539.37 feet to the point of curvature of a curve concave Southeasterly having a radius of 35.00 feet and a central angle of 90°17'33"; thence run Northeasterly along said curve for a distance of 55.16 feet to the POINT { OF BEGINNING. Containing 8.797 acres more or less and being subject to any rights-of-way, restrictions and easements of record. V S r. .. 4 ORDINANCE NO Exhibit"B" Westridge PUD SSCPA: Parcel A /aii al -----4`1/ �. �t1` — ■ 1 ( Z 4411IV *41 1 E I J. piIiH .'. Z m • • l`1 11, II i i1IIlE / l r !1111,19 !` / Moore-Road f ► l _ -o ' o o' Parcel A • / , m .a f, cm 1 ^cn " u Ki ..,•,v. a rM i 1 MO R e Freedom Park 1 or ebro° n Thornebrooke � Elementary _ i — ***1111School BRAELOCK• ......,.... -Valli • 111111111, '' ., elt , immes* - - ‘, \,.................... i:L 11111111111*W*** ,r/ 1111111*,O*---- i