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HomeMy WebLinkAboutItem 06 First Reading of Ordinance for Fountains West PUD - 2nd Substantial Amendment to Lot 8 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 18, 2024 Item #: 6 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: Fountains West PUD - 2nd Substantial Amendment to Lot 8 of Fountains West PUD (Planned Unit Development). (Zoning Manager Whitfield) Background Summary: Owner/Applicant: The property is owned by GW Real Estates LLC, represented by Larry Gaboury, and the applicant is Goodwill Industries of Central Florida. Site Location: The property is within Commission District 1 and is generally located on the north side of Fountains West Boulevard, approximately 342 feet north of West Road. Property Size & Parcel Identification Number: The property consists of 3.04 acres and is assigned parcel ID number 06-22-28-2863-01-0000. Existing Site Conditions: The table below summarizes the existing site characteristics of the property. Current Future Land Use Map (FLUM) Designation Current Zoning District Existing Land Use Unique Features/Overlay Districts Commercial (COMM) & Light Industrial (LI) PUD-COMM Vacant except for an access road to the self-storage facility on the adjacent site None The table below lists the jurisdictions, future land use designations, zoning districts, and existing uses of the surrounding properties. Direction Jurisdiction Future Land Use Designation Zoning Existing Land Uses North City Commercial & Light Industrial PUD-COMM Vacant South City Commercial & Light Industrial PUD-COMM & PUD-IND Restaurant use along the southwest portion and retention area for a City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org school along the southeast portion of the property East City Light Industrial PUD-COMM Self-storage facility West City Commercial PUD-COMM Stormwater pond Proposed Development: The applicant is requesting an amendment to the 2nd Amendment to Lot 8 of the Fountains West PUD in order to increase the maximum building square footage for retail from 18,000 SF to 24,932 SF for the construction of a Goodwill Retail Store. No other changes are proposed relative to the PUD Land Use Plan or Conditions of Approval. Transportation and Access: The subject property is within one (1) mile of several corridors, including Fountains West Boulevard, West Road, Clarcona Ocoee Road, and Ocoee Apopka Road. Per the 2018 Lot 8 Substantial Amendment traffic analysis, impacts from any development beyond the self-storage/mini- warehouse development should be assessed with a traffic impact study and mitigated as appropriate. Consequently, the City has evaluated the potential traffic impacts of proposed retail development. Using the fitted curve equation ITE Code 815 (11th edition) for a Free-Standing Discount Store (which generates a higher trip count rate), the proposed 24,932 SF retail store is anticipated to generate 1,856 daily, 19 AM Peak Hour and 33 PM Peak Hour trips, without accounting for pass-by reductions. Adding 100% of these trips (without accounting for any pass-by reduction or trip distribution along the various segments and intersections) to the existing 2023 "background plus vested trips" data in the City's current Concurrency Management System (CMS), concurrency is met, and no new deficiencies are identified resulting from the increase in trips. However, per the terms of the Fountains West Planned Unit Development, the applicant will be required to remit payment of their proportionate share of the cost of the installation of the traffic signal at the intersection of Fountains West Boulevard and West Road using the methodology previously approved in 2018 prior to the issuance of a site work permit. Utilities: The Utilities Department did not identify any concerns. Stormwater: A storm water facility has been constructed within Lot 8 as part of the self-storage facility and will accommodate drainage from this development. Per the approved Land Use Plan for Lot 8, development of the subject property must comply with the approved 70% maximum impervious surface area. Schools: N/A Recreation and Open Space: N/A Issue: Should the Honorable Mayor and City Commission approve the proposed 2nd Substantial Amendment to Lot 8 of the Fountains West PUD to increase the maximum building square footage for retail from 18,000 SF to 24,932 SF on the property assigned parcel ID number 06-22-28-2863-01-0000 for purposes of constructing a Goodwill Retail Store? Recommendations: Development Review Committee (DRC) Recommendation: The DRC met on this item on May 7, 2024. Following discussion regarding how the Goodwill Store will manage garbage/solid waste on the site, the DRC made a recommendation of approval of the 2nd Substantial Amendment to Lot 8 of the Fountains West PUD subject to the condition that, at the time of site plan review, the applicant provides documentation to support not having on-site dumpster facility to serve the use. Planning & Zoning Commission (PZC) Recommendation: City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org The Planning and Zoning Commission considered this item at its June 11, 2024, public hearing. During the public hearing, five (5) residents spoke, representing Greens at Forest Lake, Westyn Bay, Preserve at Crown Point and Forestbrooke Estates. Discussion and comments received during the hearing were relative to traffic congestion in the area (particularly at the West Road at Fountains West Boulevard intersection), lack of alternative north-south transportation corridors, and the proposed use of the site for a Goodwill store and the concerns relative to such proposed use, as summarized below: • Demographics of Goodwill patrons not aligning with the demographics of the residential communities in the area, • Placement of a Goodwill store in an area surrounded by residential homes, instead of along arterial roads such as State Road 50, • Creation of low-wage jobs, • Impacts to and loss of "walkability" for the Planned Unit Development, • Homeless populations along the West Orange Trail, • Theft activities at other Goodwill locations, • Garbage accumulated at the store due to donations being dropped off and left out after hours, and • The proposed "retail" use is an industrial use or warehouse logistics use in disguise, since a large area (approximately 9,000 SF) of the building square footage would be used for processing and recycling of donated goods (to be sent to a facility on the south side of Orange County) that are not sufficient or desirable for sale, which represents 75% of the donated goods. Only approximately 25% of the donations are sold in the store's 15,932 SF of retail space. Following the discussion, the PZC made a recommendation of a denial by a 3 to 2 vote. Recommendations: The Honorable Mayor and City Commission shall make a decision to do one of the following: a. Approve the adoption of the proposed ordinance for a 2nd Substantial Amendment to Lot 8 of the Fountains West PUD, subject to the following conditions: i) At the time of site plan review, the applicant shall provide documentation to support not having an on-site dumpster facility to serve the use, in accordance with their Zero Waste mission, and ii) Prior to the issuance of a site work permit, the applicant shall remit payment for their proportionate fair share of the cost of installation of the traffic signal at the intersection of Fountains West Boulevard and West Road. b. Deny the adoption of the proposed ordinance for a 2nd Substantial Amendment to Lot 8 of the Fountains West PUD. c. Continue the item to a date that meets the Commission's discretion. Attachments: 1. Location Map 2. Aerial Map 3. FLUM Map 4. Zoning Map 5. Substantial Amendment LUP 6. Ordinance Financial Impacts: N/A City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: First Reading UNNAMED LAKE West RdOcoee Apopka RdMerlot DrS S R 429Fountains West PUD - Substantial Amendment to Lot 8Location Map I West Rd Fountains West Blvd Orange Arbour TrlArbour Point Way I 0 100 20050Feet Fountains West PUD - Lot 8 Substantial Amendment2022 Aerial Photography UNNAMED LAKE LI COMM COMM COMM LDR LDR LDR West Rd Fountains West PUD - Lot 8 Substantial AmendmentSurrounding Future Land Use Map Created: month year Development ServicesDepartment I 0 140 28070Feet Subject Property Future L and Use C lassification:Low De nsity Residen tia l (LDR )Medium Den sity Residential (MDR)High Density Resid ential (H DR)Professional O ffices and Se rvices (PS)Commercial (COMM)Light Industrial (LI)Heavy Industrial (H I)Conservation/Flood plains (CONS)Recre ation a nd O pen Space (REC)Pub lic Facilitie s/Institutional (INST) UNNAMED LAKE A-1 PUD-COMM PUD-IND C-2 West Rd Fountains West PUD - Lot 8 Substantial AmendmentSurrounding Zoning Map Development ServicesDepartment I 0 150 30075Feet Created: month year 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- & Two-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& Warehousing (I-1) High Density (PUD)Public Use (PUD)Unclassified Ocoee Apopka R C N 0N v 0 FOUNTAINS WEST PUDN Y 0 T L1O Cl'ty of Ocoee, Florida U ViN 0 UONNQ GO G O T W E Y o T 0 a 3 a a 0 Q N a" 0 0 T N E Y G0 o 0 0 N 0 0 r 3 0 3 c E UOU L_ Ca3vN N GOo i v v a m .- aE L 0NCCOO 1. o uWyA 7 w O ZQJ w oa O Q a 6 30 vt E E a 0U `O N GO O u U) G w UN Owa No aUU0w: u aON0 tr a o T o UI v J 'O v Y N E 7 m 0 io E 2bm C V COVNO c Q L u 97N O c O NJN O GrnO .NJyv O 'oLCY N nn UVCNONULvns SL +. 3OO `wYs U o N n n E UUN G Na Permitted Uses USE Lots 1 & 2 Lots 3, 4 & 5 Lot 6 Lot 7 Lot 8 Appliance Store Bank Bar (associated with restaurant seating 45 people) Car Wash (1) Clinic, Dental or Medical Commercial, Convenience with Gas Sales Commercial, Retail Department Store Drive in Restaurant (3) Equipment Sales Furniture Store Grocery Store/Supermarket k Heating, Ventilating, Plumbing Sales & Service Interior Decorating Store Liquor Store, No on-permise consumption Miniature Golf Course Movie Theater Music, Radio, TV Shop Nursery/Garden Supply Store k Professional Offices Restaurant Self -Storage Facility k Veterinary Hospitals and Kennels when confined with structure Child Care Facilities Church (2) k Club or Community Use k Recreation Facility, Commercial Permitted Use 1) Only as Accessory to Gas/Convenience Store Establishment 2) (2300 seats; 45' Steeple/Tower feature; ancillary uses such as church related offices, religious/book store; daycare facility and recreational building) 3) This use is not permitted for lot 3 Development Standards Approved PUD Waivers CODE CODE PROPOSED JUSTIFICATIONSECTIONREQUIREMENTSSTANDARDS LDC, Article No more than 50% of the 70% frontage on Additional Right -Of -Way VI Section linear roadway frontage Ocoee -Apopka Road in dedication on Ocoee -Apopka 6-14.C.(1)(b)ii shall be devoted to outparcels. No more then Road and partial dedication outparcels within a 50% frontage on West Road for West Road Realignment commercial development in outparcels on West Road. LDC, Article 50 feet building setback on 25 feet building setback on Additional Right -Of -Way VI Section Ocoee -Apopka Road and Ocoee -Apopka Road and dedication on Ocoee -Apopka 4-5.M.(3) West Road West Road Road and West Road SETBACK/LANDSCAPE NEW FLU Lot #/Tract Acerage Use FAR Max. Impervious Open Space Max. Height Max. Sq Ft./Other Use Ownership & Maintenance Entity Maximum ADT Max. PM Peak Hour Trips Road Abutting Lot/Tract Internal Drive 1 1.16 Commercial** 0.20 80% 20% 45 Feet 9,900.00 SUNTRUST BANK 25/15 10/5 10/10 PUD Commerical 2 1.14 Commercial** 0.20 80% 20% 45 Feet 9,900.00 OCOE, LLC 25/15 10/5 10/10 PUD Commerical 3 1.26 Commercial** 0.18 80% 20% 45 Feet 91900.00 OCOE, LLC Lots 1 through 7 Lots 1 through 7 25/15 10/10 10/10 PUD Commerical 4 1.33 Commercial** 0.17 80% 20% 45 Feet 9,900.00 OCOE, LLC ADT = 7,665 PM Peak = 708 25/15 N/A 10/10 PUD Commerical 5 1.20 Commercial** 0.18 80% 20% 45 Feet 9,900.00 OCOE, LLC 25/15 10/10 N/A PUD Commerical 6 8.83 Commercial** 0.16 80% 20% 45 Feet 65,500.00 OCOE, LLC 25/15 10/0 N/A PUD Commerical 7 1.00 Commercial** 0.11 80% 20% 45 Feet 5,000.00 OCOE, LLC 25/15 10/10 N/A PUD Commerical 8 11.73 Public/Facilities/Institutional/ Commercial 0.10 70% 30% 45 Feet Church with 2,300 Seat Auditorium, Day Care Center, Recreational Building, Self Storage and Retail Living Waters Church Ocoee, Inc ADT = 519 PM Peak = 38 25/15 10/10 WORY, 10/0 All Others N/A PUD Low Density Residential/ Light Industrial Tract A j 3.86 Wetland/Conservation N/A N/A City of Ocoee Tract Al 0.44 25' Buffer Along Wetland N/A N/A City of Ocoee Tract A2 0.43 25' Buffer Along Wetland N/A N/A City of Ocoee Tract B 3.44 Retention For Lots 1-7 N/A N/A OCOE, LLC Tract C-1 0.98 Addtional R/W West Rd. N/A N/A Orange County* Tract C-2 2.68 Addtional R/W West Rd. N/A N/A Orange County* Tract C-3 0.18 Addtional R/W West Rd. N/A N/A Orange County* Tract D 0.48 Additional R/W Ocoee Apopka Rd. N/A N/A City of Ocoee Road A 0.99 Access Road R/W N/A N/A City of Ocoee Tract F 0.80 Water Feature N/A N/A OCOE, LLC Tract G 1.10 Public Trail City of Ocoee TOTAL 43.03 80% 20% Ki m I te >>>Hy o r n 2018 KIMLEY-HORN AND ASSOCIATES, INC. 189 S. ORANGE AVE, SUITE 1000, ORLANDO, FL 32801 PHONE: 407-898-1511 WWW.KIMLEY-HORN.COM CA 00000696 LUP-2 ORDINANCE NO. 2024- (2nd Substantial Amendment to Lot 8 of the Fountains West PUD) TAX PARCEL ID: 06-22-28-2863-01-000 CASE NO. RZ-24-05-06: 2nd Substantial Amendment to Lot 8 of the Fountains West PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING THE 2ND SUBSTANTIAL AMENDMENT TO LOT 8 OF THE FOUNTAINS WEST PUD FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 3.04 ACRES LOCATED ON THE NORTH SIDE OF FOUNTAINS WEST BOULEVARD, APPROXIMATELY 3442 FEET NORTH OF WEST ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE MAXIMUM SQUARE FOOTAGE FOR RETAIL USE; FINDING CONSISTENCY WITH THE OCOEE COMPREHENSIVE PLAN; PREVAILING IN THE EVENT OF ANY INCONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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 Fountains West PUD Land Use Plan, as approved by the Ocoee City Commission on December 19, 2006, and wherein, Lot 8 was amended as a Substantial Amendment on June 19, 2018 (the “PUD”); WHEREAS, the Amendment was scheduled for study and recommendation by the Development Review Committee (“DRC”) on May 7, 2024; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ("P&Z"); -2- WHEREAS, on June 11, 2024, the P&Z held an advertised public hearing on the Amendment and, after discussion, recommended approval; and WHEREAS, on July 16, 2024, the Ocoee City Commission has held an advertised de novo public hearing with respect to the proposed 2nd Substantial Amendment and this Ordinance and determined that the Amendment to the PUD to increase the building square footage for retail use from 18,000 square feet to 24,932 square feet 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 Amended PUD, prepared by The S/L/AM Collaborative, dated May 3, 2024, 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. The Amended PUD is attached hereto as Exhibit “A”, and by this reference made a part hereof. As described therein, the Amended PUD amends the previously approved PUD for Fountains West PUD. All references to the PUD or the Amended PUD for Fountains West PUD shall hereafter refer to the previously approved PUD for Fountains West PUD as amended by the attached Amended PUD. -3- SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 4.CONFLICTING ORDINANCES. This ordinance prevails in the event of any inconsistency with all ordinances or parts of ordinances in conflict herewith. 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: Melanie Sibbitt, City Clerk (SEAL) APPROVED: CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS ADVERTISED ______________________, 2024 READ FIRST TIME _________________, 2024. READ SECOND TIME AND ADOPTED ______________________________, 2024. UNDER AGENDA ITEM NO. _________ -4- TO FORM AND LEGALITY this ________ day of ______________________, 2024. FISHBACK DOMINICK By: City Attorney -5- EXHIBIT “A”