HomeMy WebLinkAboutItem 18 Second Reading of Ordinance for a Substantial Amendment to the Ocoee Town Shops PUD
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: January 17, 2023
Item #: 18
Contact Name: Michael Rumer Department Director: Michael Rumer
Contact Number: Ext. 1018 City Manager: Robert Frank
Subject: Second Reading of Ordinance for a Substantial Amendment to the Ocoee Town
Shops PUD for a WaWa Gas Station Use; Project No. RZ-22-07-42. (Development Services
Director Rumer)
Background Summary:
The First Reading for this item was held on December 6, 2022.
The subject site is approximately 3.39 acres in size and is located in Commission District # 2 on the northwest
corner of Clarke Road and W. Colonial Drive (SR 50). The subject site is currently undeveloped. The subject
site parcel ID number is 21-22-28-6328-00-070. The table below references the future land uses, zoning
classifications, and existing land uses of the surrounding parcels:
Direction: Jurisdiction / Future Land Use Jurisdiction / Zoning
North City of Ocoee / Commercial City of Ocoee / Community Commercial C-2
East City of Ocoee / Commercial City of Ocoee / Community Commercial C-2
South Orange County / Road Right-of-Way Orange County / Road Right-of-Way
West City of Ocoee / Commercial City of Ocoee / Community Commercial C-2
The subject site is located on the northwest corner of Clarke Road and W. Colonial Drive (SR 50). Both
roadways are designated as arterial roads. There is an existing left-turn lane on Clarke Road that is planned to
be used for the project’s main entrance. Water, sanitary sewer, reclaimed water, solid waste, and police & fire
protection will be provided by the City.
On February 19, 2019, the Ocoee City Commission approved an amendment to the PUD and PUD Land Use
Plan. The approved Land Use Plan reduced the overall square footage from 30,443 SF to 27,750 SF in order
to accommodate a revision to Lot 1. Lot 1 changed from a 9,000 SF restaurant use to a 15,750 SF strip
retail/restaurant building. Also, the Land Use Plan was revised to move the stormwater from under the parking
lot to a retention pond.
2022 Substantial Amendment
The applicant is proposing to amend the amended PUD Land Use plan by reducing the 27,750 SF of retail and
restaurant to a 5,636 Wawa Gas Station and 4,600 SF of future development for retail or restaurant.
Page 555 of 656
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Issue:
Should the City Commission approve an ordinance for a Substantial Amendment to the Ocoee Town Shops
PUD Land Use Plan to amend the plan to allow a Wawa Gas Station as an approved use to the PUD?
Recommendations:
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on Tuesday, November 1, 2022. The DRC made a
recommendation of “no objection” to the proposed changes.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission (PZC) met on Tuesday, November 8, 2022 to consider this item. After
discussions about traffic congestion and circulation and access safety concerns, the PZC made a
recommendation of approval subject to the condition that appropriate roadway signage and markings (using
the appropriate FDOT Index) be installed on South Clarke Road to direct motorists to not block the accessway
to the WaWa gas station.
Recommendations:
Staff recommends that the Honorable Mayor and City Commission approve an ordinance for the Substantial
Amendment to the Ocoee Town Shops PUD Land Use Plan to amend the plan to allow a Wawa Gas Station
as an approved use to the PUD subject to the condition that appropriate roadway signage and markings (using
the appropriate FDOT Index) be installed on South Clarke Road to direct motorists to not block the accessway
to the WaWa gas station.
Attachments:
1. Location Map
2. Aerial Map
3. Zoning Map
4. 2019 Amended PUD
5. Wawa SR50 & Clarke PUD Plans
6. Substantial Amendment Ordinance - Ocoee Town Shops PUD
7. Advertisement
Financial Impacts:
None
Type of Item: Second Reading
Page 556 of 656
W Colonial DriveS Clarke RoadOld Winter
G
a
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e
n
R
o
a
d Citrus Oaks AvenueHammocks DriveMatador DriveDaney Street
Market Stree
t
Shadowind WayJacob Nathan BoulevardHire Circle
Health Central Way
Victor Street
Subst antial PUD Ame ndme nt for Ocoee Town Shops Locati on Map
I
Page 557 of 656
W Co lo ni al Dr i ve S Clarke RoadJacob Nathan BoulevardCitrus Oaks AvenueMat th ew P ari s Bo u leva rd
I
0 12 5 25 062.5 Fe e t
Page 558 of 656
C-2
PUD-COMM
R-3
P-S
R-3 R-3
R-1AA
P-SC-2
C-2
C-2
P-S
C-2
W Colonial DriveS Clarke RoadJacob Nathan BoulevardSubst antial Ame ndment to PUD for Ocoee Town Shops Surrounding Zoning Map
Development S ervic es
Department
I
0 240 480120Feet
Created: October 2022
Subject Property
Zoning Classification:General Agricultural (A-1)Suburban (A-2)Single-Family Dwelling (R-1AAA)Single-Family Dwelling (R-1AA)Single-Family Dwelling (R-1A)
Single-Family Dwelling (R-1)One- & T wo-Family Dwelling (R-2)Multiple-Family Dwelling (R-3)Mobile Home Subdivision (RT-1)Professional Offices & Services (P-S)Neighborhood Shopping (C-1)
Community Commercial (C-2)General Commercial (C-3)
General Industrial (I-2)Commercial (PUD)
Low Density (PUD)Medium Density (PUD)
Restricted Manufacturing& W arehousing (I-1)
High Density (PUD)Public Use (PUD)Unclassified
Page 559 of 656
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CITY OF OCOEE
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PROPERTY LOCATION: 9729 W. COLONIAL DR.
PROPERTY EXISTING ZONING: PUD
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FUTURE LAND USE— COMMERCIAL
ZONING- C-2 CLARKE ROAD
OCOEE TOWN SHOPS
COLONIAL729W. D• OCOEE, FLORIDA
120' •ioh €-F y
Qs-,bwjt riled pry
D17CEIVED
CITY OF OCOEE
SITE DATA (PER APPROVED LANDUSE/PD DATED 12/01/09)
PROPERTY LOCATION: 9729 W. COLONIAL DR.
PROPERTY EXISTING ZONING: PUD
1 f
PROPERTY PROPOSED ZONING:
4
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PROPERTY FUTURE LAND USE DESIGNATION: COMMERCIAL
EXISTING USE: VACANT
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FUTURE LAND USE— COMMERCIAL
ZONING- C-2 CLARKE ROAD
OCOEE TOWN SHOPS
COLONIAL729W. D• OCOEE, FLORIDA
120' •ioh €-F y
Qs-,bwjt riled pry
D17CEIVED
FUTURE PARKING PROVIDED
STANDARD PARKINGLANDUSE— HANDICAP PARKING
SPACES 142 SPACES
8 SPACES
COMMERCIAL
PARKING PROVIDED 150 SPACES
THE APPROVED LAND USE / PD PLAN DATED 12/01/09 ALLOWED FOR A REDUCTION OF 9 PARKING
SPACES FROM WHAT WAS REQUIRED (163 SPACES PROVIDED VERSUS 172 SPACES REQUIRED). THIS
REPRESENTS AN OVERALL PARKING DEFICIT OF (9/172) 5.2% FROM WHAT WAS REQUIRED. UPONZONING— C-2 COMPLETION OF THE PROPOSED DEVELOPMENT, THE SITE WILL HAVE A SMALLER DEFICIT (8/158) OF 5.0%
OF PARKING SPACES FROM THE ALLOWABLE DEFICIT UNDER THE APPROVED PARKING WAIVER (DATED
12/l/2009).
I
SITZ E AREAGF00PRIN CALCULATIONS (OVERALL)PER THIS MASTER PLAN
27-
PAVING 58,268 ±S.F.
SIDEWALK AND CONCRETE PAVEMENT 6,074 ±S.F.
IMPERVIOUS AREA 92,092 ±S.F. 2.11 TAC. 64.06% PERVIOUS AREA 51,656 ±S.F. 1.19 ±AC. 35.94% TOTAL SITE AREA 143,748 ±S.F. 3.30 TAC. 100.00%
MAXIMUM IMPERVIOUS COVER ALLOWED 76%
IMPERVIOUS COVER PROPOSED 64.06%
FLOOD ZONE
THE PROJECT IS IN ZONE "X" PER FEMA F.I.R.M. PANEL 12095CO220 F DATED: SEPTEMBER 25, 2009.
SOILS
ARENTS, TAVARES FINE SAND AND TAVARES MILLHOPPER FINE SAND.
WETLAND STATEMENT
THERE ARE NO JURISDICTIONAL WETLANDS OR WATER BODIES WITHIN THE PROJECT SITE.
of -w ________ 0-;;, -_HAZARDOUS MATERIALS STATEMENT
DURING CONSTRUCTION, WHEN COMBUSTIBLES ARE BROUGHT ONTO THE SITE IN SUCH QUANTITIES AS
DEEMED HAZARDOUS BY THE FIRE OFFICIAL, ACCESS ROADS & A SUITABLE TEMPORARY SUPPLY OF
WATER ACCEPTABLE TO THE FIRE DEPARTMENT SHALL BE PROVIDED & MAINTAINED.
LIGHTING NOTE
ALL PARKING LIGHT POLES & BUILDING FIXTURES ARE TO BE BLACK IN COLOR AND NOT TO EXCEED 30 FEET
IN HEIGHT AND THEY SHALL BE EQUIPPED WITH SHIELDED OR FULL—CUTOFF LUMINARIES INCORPORATING
FLUSH—MOUNTED LENSES. LIGHTING SHALL COMPLY WITH LDC, ARTICLE VI, SECTION 6-14, C, (2), (i), vii.
DUMPSTER NOTE
THE DUMPSTER SHALL BE ENCLOSED WITH A BLOCK WALL WITH SOLID BLACK METAL GATES
LDC, ARTICLE VI, SECTION 6-14, C,(1), (j).
WATER SERVICE
THE CITY BASES WATER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED.
SEWER SERVICE
THE CITY BASES SEWER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED.
TRAFFIC DATA
RETAIL/SHOPPING
27,750 S.F. @ 42.70 PER 1,000 S.F. = 1,185 TRIPS
PHASING
THIS PROJECT WILL BE CONSTRUCTED IN MULTIPLE PHASES.
SIGNS
MONUMENT SIGNS SHALL BE 12' HIGH BY 15'-11" WIDE.
Ocoee Town Shop PUD: Proiect No: RZ-18-06-08 — Substantial Amendment
to the Planned Unit Development/Land Use Plan PUD/Land Use Plan
PUD/LUP) — Ordinance No: 2019-006
The Mayor and City Commissioners on February 19, 2019, under
Agenda Item 10, approved the Substantial Amendment to the Planned
Unit Development/Land Use Plan (PUD/LUP) for the Ocoee Town Shop
PUD.
Attest:
Rusty JohnsM or City Clerk
PROJECT No.
15-OG1
FLORIDA
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THIS ITEM HAS BEEN
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SEALED BY (ENGINEER), P.E. ON
DATE) USING A DIGITAL SIGNATURE.
DATE .3 540
OCTOBER 19, 2018 ZrS PRINTED COPIES OF THIS
SHEET NO. p,T F :ate DOCUMENT ARE NOT CONSIDERED
1L SIGNED AND SEALED AND THE
DESIGNED BY DRAWN BY CHECKED BY APPROVED BY ¢;` aL (D}iU•''`; SIGNATURE MUST BE VERIFIED ON
WRH JSM WRH WRH
SHEEP 1 OF 1
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a NI P.E. ANY ELECTRONIC COPIES.
FLORIDA 5127 S. Orange Avenue, Suite 200
ENGINEERING Orlando, FL 32809
GROUP Phone: 407-895-0324
Fax: 407-895-0325
Engineering the Future www.feg-inc.us
FILENAME
CITY OF OCOEE
SITE DATA (PER APPROVED LANDUSE/PD DATED 12/01/09)
PROPERTY LOCATION: 9729 W. COLONIAL DR.
PROPERTY EXISTING ZONING: PUD
PROPERTY PROPOSED ZONING: PUD—COMM
PROPERTY FUTURE LAND USE DESIGNATION: COMMERCIAL
EXISTING USE: VACANT
PROPOSED USE: COMMERCIAL, RETAIL, RESTAURANT, MEDICAL OFFICE,
FINANCIAL SERVICES, PROFESSIONAL OFFICE OTHER USES NOT LISTED ARE PROHIBITED)
PROJECT AREA: 3.30± ACRES
EXISTING BUILDING: 0 S.F.
TOTAL BUILDINGS' AREA 27,750 S.F.
TOTAL GROSS FLOOR AREA: 27,750 S.F.*
A TOTAL BUILDING AREA OF 30,443 G.S.F. WAS APPROVED UNDER THE LUP/PD DATED 12/01/09
E
ALLOWABLE FLOOR AREA: 3.0
PROPOSED FLOOR AREA: 0.19
BUILDING SETBACKS (REQUIRED) BUILDING SETBACKS (PROPOSED)
ss talc rt d.:,;y
FRONT WEST) (JACOB NATHAN BLVD.) 10' FRONT WEST) (JACOB NATHAN BLVD.) 13.65
SIDE NORTH 10, SIDE NORTH 49.95'
SIDE SOUTH S.R.50) 50' SIDE SOUTH 50'
m.__rt REAR EAST) CLARKE RD.) 25' REAR EAST)
S.R.50)
CLARKE RD.) 25'
mm - LANDSCAPE BUFFERS (REQUIRED) LANDSCAPE BUFFERS (PROPOSED)
FRONT (WEST) (JACOB NATHAN BLVD.) 10 FRONT (WEST) (JACOB NATHAN BLVD.) 10'
SIDE NORTH 10' REAR NORTH 10'
S.R.50) SIDE SOUTH 40' SIDE SOUTH 40REAREAST) CLARKE RD.) 15' SIDE EAST)
S.R.50)
CLARKE RD.) 15'
0
I PARKING
EXISTING 15'
IPUBLIC PARKING REQUIRED
UTI LITY
EASEMENT RETAIL: 20,000 S.F. x (1 SPACE PER 200 S.F.) 100 SPACES
ESTIMATED RESTAURANT: 230 SEATS x (1 SPACE PER 4 SEATS) 58 SPACES
S
TOTAL PARKING REQUIRED: RETAIL + ESTIMATED RESTAURANT 158 SPACES
FUTURE PARKING PROVIDED
STANDARD PARKINGLANDUSE— HANDICAP PARKING
SPACES 142 SPACES
8 SPACES
COMMERCIAL
PARKING PROVIDED 150 SPACES
THE APPROVED LAND USE / PD PLAN DATED 12/01/09 ALLOWED FOR A REDUCTION OF 9 PARKING
SPACES FROM WHAT WAS REQUIRED (163 SPACES PROVIDED VERSUS 172 SPACES REQUIRED). THIS
REPRESENTS AN OVERALL PARKING DEFICIT OF (9/172) 5.2% FROM WHAT WAS REQUIRED. UPONZONING— C-2 COMPLETION OF THE PROPOSED DEVELOPMENT, THE SITE WILL HAVE A SMALLER DEFICIT (8/158) OF 5.0%
OF PARKING SPACES FROM THE ALLOWABLE DEFICIT UNDER THE APPROVED PARKING WAIVER (DATED
12/l/2009).
I
SITZ E AREAGF00PRIN CALCULATIONS (OVERALL)PER THIS MASTER PLAN
27-
PAVING 58,268 ±S.F.
SIDEWALK AND CONCRETE PAVEMENT 6,074 ±S.F.
IMPERVIOUS AREA 92,092 ±S.F. 2.11 TAC. 64.06% PERVIOUS AREA 51,656 ±S.F. 1.19 ±AC. 35.94% TOTAL SITE AREA 143,748 ±S.F. 3.30 TAC. 100.00%
MAXIMUM IMPERVIOUS COVER ALLOWED 76%
IMPERVIOUS COVER PROPOSED 64.06%
FLOOD ZONE
THE PROJECT IS IN ZONE "X" PER FEMA F.I.R.M. PANEL 12095CO220 F DATED: SEPTEMBER 25, 2009.
SOILS
ARENTS, TAVARES FINE SAND AND TAVARES MILLHOPPER FINE SAND.
WETLAND STATEMENT
THERE ARE NO JURISDICTIONAL WETLANDS OR WATER BODIES WITHIN THE PROJECT SITE.
of -w ________ 0-;;, -_HAZARDOUS MATERIALS STATEMENT
DURING CONSTRUCTION, WHEN COMBUSTIBLES ARE BROUGHT ONTO THE SITE IN SUCH QUANTITIES AS
DEEMED HAZARDOUS BY THE FIRE OFFICIAL, ACCESS ROADS & A SUITABLE TEMPORARY SUPPLY OF
WATER ACCEPTABLE TO THE FIRE DEPARTMENT SHALL BE PROVIDED & MAINTAINED.
LIGHTING NOTE
ALL PARKING LIGHT POLES & BUILDING FIXTURES ARE TO BE BLACK IN COLOR AND NOT TO EXCEED 30 FEET
IN HEIGHT AND THEY SHALL BE EQUIPPED WITH SHIELDED OR FULL—CUTOFF LUMINARIES INCORPORATING
FLUSH—MOUNTED LENSES. LIGHTING SHALL COMPLY WITH LDC, ARTICLE VI, SECTION 6-14, C, (2), (i), vii.
DUMPSTER NOTE
THE DUMPSTER SHALL BE ENCLOSED WITH A BLOCK WALL WITH SOLID BLACK METAL GATES
LDC, ARTICLE VI, SECTION 6-14, C,(1), (j).
WATER SERVICE
THE CITY BASES WATER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED.
SEWER SERVICE
THE CITY BASES SEWER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED.
TRAFFIC DATA
RETAIL/SHOPPING
27,750 S.F. @ 42.70 PER 1,000 S.F. = 1,185 TRIPS
PHASING
THIS PROJECT WILL BE CONSTRUCTED IN MULTIPLE PHASES.
SIGNS
MONUMENT SIGNS SHALL BE 12' HIGH BY 15'-11" WIDE.
Ocoee Town Shop PUD: Proiect No: RZ-18-06-08 — Substantial Amendment
to the Planned Unit Development/Land Use Plan PUD/Land Use Plan
PUD/LUP) — Ordinance No: 2019-006
The Mayor and City Commissioners on February 19, 2019, under
Agenda Item 10, approved the Substantial Amendment to the Planned
Unit Development/Land Use Plan (PUD/LUP) for the Ocoee Town Shop
PUD.
Attest:
Rusty JohnsM or City Clerk
PROJECT No.
15-OG1
FLORIDA
CE ' `
Q -UP, IN
THIS ITEM HAS BEEN
f. 5 ELECTRONICALLY SIGNED AND
e v ®
SCALE
11
ib•
G -<*rr
SEALED BY (ENGINEER), P.E. ON
DATE) USING A DIGITAL SIGNATURE.
DATE .3 540
OCTOBER 19, 2018 ZrS PRINTED COPIES OF THIS
SHEET NO. p,T F :ate DOCUMENT ARE NOT CONSIDERED
1L SIGNED AND SEALED AND THE
DESIGNED BY DRAWN BY CHECKED BY APPROVED BY ¢;` aL (D}iU•''`; SIGNATURE MUST BE VERIFIED ON
WRH JSM WRH WRH
SHEEP 1 OF 1
IL
a NI P.E. ANY ELECTRONIC COPIES.
FLORIDA 5127 S. Orange Avenue, Suite 200
ENGINEERING Orlando, FL 32809
GROUP Phone: 407-895-0324
Fax: 407-895-0325
Engineering the Future www.feg-inc.us
FILENAME
Page 560 of 656
RECLAIMEDWATERSURVEYORENGINEERDEVELOPERDEVELOPMENT TEAM:UTILITIES:KELLY, COLLINS & GENTRY, INC.1700 NORTH ORANGE AVENUE,SUITE 400ORLANDO, FLORIDA 32804PHONE: (407) 898-7858FAX: (407) 898-1488#:GENTRY, INC.COLLINS &KELLY,ENGINEERINGPLANNINGNOTE:PARCEL DESCRIPTION PROVIDED BY AMERICAN SURVEYING & MAPPING, INC., DATED 06/20/21PARCEL DESCRIPTIONWAWA SR-50 & CLARKE
OCOEE, FLDATEREVISIONS:DESCRIPTIONDRAWN:DESIGN:CHECKED:JOB NO.:DATE:SHEETC-1.007/27/20221545.000SMGSCFCLNAMERICAN SURVEYING & MAPPING, INC.1030 N. ORLANDO AVE, SUITE BWINTER PARK, FL 32789PHONE: (407) 426-7979BLUE CASTLE DEVELOPMENT, LLC1568 LAKE WHITNEY DRIVEWINDERMERE, FL 34786PHONE: (321) 303-5706SHEET TITLESHEET NO.COVER SHEETBOUNDARY & TOPOGRAPHIC SURVEYOVERALL PLANSIGNAGE PLANBUILDING ELEVATIONSC-1.01 OF 1C-2.0 - C-2.1S-1BE-1 - BE-2ELECTRICSEWERCITY OF OCOEE1800 A.D. MIMS ROADOCOEE, FLORIDA 34761DUKE ENERGY452 E CROWN POINT RDWINTER GARDEN, FL 34787CITY OF OCOEE1800 A.D. MIMS ROADOCOEE, FLORIDA 34761CITY OF OCOEE1800 A.D. MIMS ROADOCOEE, FLORIDA 34761ARCHITECTCUHACHI & PETERSON ARCHITECTS, ENGINEERS, PLANNERS930 WOODCOCK ROAD, SUITE 101ORLANDO, FL 32803PHONE: (407) 661-9100VICINITY MAPSCALE: 1"=2000'Page 561 of 656
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15'1025'7810'11'30'14'10'10'1020'20'20'20'25'10'30'30'10'EXISTINGSIGNALPROPOSEDFULLACCESSDRIVEPROPOSEDFULLACCESSDRIVE10'PROPOSEDFULLACCESSDRIVERETENTIONAREA4:15:15:14:120'5:135'5'PROPOSEDFULLACCESSDRIVE12'20'10'10'20'35'30'AAGENCO²F85 (5,636 SF)JACOB NATHAN BLVDS CLARKE RDSR-50RETENTIONAREA4:1E100.00 5:15:14:15:1100.00109.00109.00RETAINING WALLRETAININGWALL"AIR PUMP PARKING ONLY"SIGNE-STOP4' X 3' AIR MACHINEW/ 2 BOLLARDSFUEL PRICINGSIGNE-FREE(3+1+1 MPD)6'X'6 VENTSTACK PAD5' ROCK BED(2) 22K & (1) 20KGALLON UST'SSIGN FOR FUTUREDEVELOPMENTFUEL PRICINGSIGN15' BUFFER10' BUFFER10' BUFFER15' BUFFERAFUTURE DEVELOPMENTAREADUMPSTERENCLOSUREPOND CROSS SECTIONSCALE: 1" = 10'BOTTOM OF DRY PONDRETAINING WALL(DESIGNED BY OTHERS)RIGHT OFWAY LINEEXISTING GRADE100989694102104106108110112114116100989694102104106108110112114116RETAINING WALL(DESIGNED BY OTHERS)BLACK ALUMINUM RAILINGBLACK ALUMINUM RAILINGPROPOSED GRADEWAWAEXISTING SIDEWALKLANDSCAPE AREAASR-50DRAWN:DESIGN:CHECKED:JOB NO.:DATE:SHEETKELLY,
GENTRY, INC.
COLLINS &
REVISION
PREPARED FOR:
DATECLNSCFSMG1545.00007/27/2022C-2.0OVERALL PLAN WAWA SR 50 & CLARKE BLUE CASTLE
DEVELOPMENT, LLC PROJECT BOUNDARYUTILITY EASEMENTLEGENDPage 563 of 656
LEGENDDRAWN:DESIGN:CHECKED:JOB NO.:DATE:SHEETKELLY,
GENTRY, INC.
COLLINS &
REVISION
PREPARED FOR:
DATECLNSCFSMG1545.00007/27/2022C-2.1OVERALL PLAN WAWA SR 50 & CLARKE BLUE CASTLE
DEVELOPMENT, LLC PROJECT BOUNDARYUTILITY EASEMENTPage 564 of 656
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ORDINANCE NO. 2023-
(Substantial Amendment to Ocoee Town Shops PUD)
TAX PARCEL ID:21-22-28-6328-00-070
CASE NO. RZ-22-07-42: Ocoee Town Shops PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN (LUP) FOR
THE OCOEE TOWN SHOPS PLANNED UNIT DEVELOPMENT (PUD)
FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY
3.39 ACRES AND LOCATED ON THE NORTHWEST CORNER OF
SOUTH CLARKE ROAD AND WEST COLONIAL DRIVE/STATE ROAD
50, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; AMENDING THE OCOEE TOWN SHOPS
PUD/LUP TO ALLOW A WAWA GAS STATION USE ON LOT 1 OF THE
PUD; FINDING CONSISTENCY WITH THE COMMERCIAL FUTURE
LAND USE MAP DESIGNATION OF THE OCOEE COMPREHENSIVE
PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of certain real property located within the corporate limits
of the City of Ocoee, Florida, as hereinafter described owner (the “Owner”), has submitted an
application to the City Commission of the City of Ocoee, Florida (the “Ocoee City Commission”) to
approve an amendment (the “Amendment”) to the Ocoee Town Shops Planned Unit Development /
Land Use Plan (PUD/LUP), as approved by the Ocoee City Commission on December 1, 2009 (the
“PUD”), as amended; and
WHEREAS, the Amendment was scheduled for consideration and recommendation
by the Development Review Committee (“DRC”) on November 1, 2022; and
WHEREAS, the DRC recommended approval of said Amendment; and
WHEREAS, the Amendment was scheduled for consideration and recommendation
by the Planning and Zoning Commission of the City of Ocoee ("P&Z"); and
Page 567 of 656
-2-
WHEREAS, on November 8, 2022, the P&Z held an advertised public hearing on
the Amendment and, after discussion, recommended approval of the Substantial Amendment to
allow a Wawa Gas Station on Lot 1 of the PUD subject to conditions; and
WHEREAS, on January 17, 2023, the Ocoee City Commission has held an
advertised de novo public hearing with respect to the proposed Substantial Amendment and this
Ordinance and determined that an Amendment to the PUD to allow a Wawa Gas Station Use on Lot
1 of the Ocoee Landings PUD and this Ordinance are consistent with the City of Ocoee
Comprehensive Plan, as amended; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2. Amendment to PUD. The subject property is herein described as
Exhibit “A”. The Amended PUD, Land Use Plan prepared by KCG, date July 27, 2022, with such
additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the
City of Ocoee meeting approving same, is hereby approved, subject to the Conditions of Approval
as approved on December 1, 2009, as amended. The Amended PUD/LUP is attached hereto as
Exhibit “B”, and by this reference made a part hereof. As described therein, the Amended
PUD/LUP amends the previously approved PUD/LUP for Ocoee Town Shops PUD/LUP. All
references to the PUD/LUP or the Amended PUD/LUP for Ocoee Town Shops PUD/LUP shall
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hereafter refer to the previously approved PUD/LUP for Ocoee Town Shops PUD/LUP as amended
by the attached Amended PUD/LUP.
SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 4.Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
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 ten (10)
days after its passage and adoption.
ATTEST:CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED ________________________, 2023
READ FIRST TIME ____________________, 2022
READ SECOND TIME AND PASSED
__________________________, 2023
UNDER AGENDA ITEM NO.__________
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this ______ day of ___________________, 2023.
Shuffield Lowman & Wilson, P.A.
By:
City Attorney
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EXHIBIT “A”
ORLANDO GROVE ASSOCIATION E/52 THAT PT OF TRACT 8 LYING W OF CLARKE RD (LESS PTS
TAKEN FOR R/W PER OR 4249/557 & ORD #90-36) & (LESS PT TAKEN FOR R/W SE COR PER
8893/1443) & VAC 15 FT TO N PER 9978/0118
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EXHIBIT “B”
OCOEE TOWN SHOPS PUD LAND USE PLAN – SUBSTANTIAL AMENDMENT (DATED JULY 27, 2022)
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