HomeMy WebLinkAboutItem #08A Citrus Oaks Small Scale Comp. Plan Amendment
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AGENDA ITEM STAFF REPORT
Meeting Date: August 5,2008
Item # €?A
....,
Contact Name:
Contact Number:
Reviewed By:
Bobby Howell, MPA G ~ Department Director:
407-905-3100, Ext. 104 City Manager:
Subject:
Citrus Oaks Center
Small-Scale Comprehensive Plan Amendment
Project # CPA - 2008-002
Commission District # 2 - Scott Anderson
ISSUE:
Should the Honorable Mayor and City Commissioners consider approval of a Small-Scale Comprehensive Plan
Amendment to re-classify approximately 0.96 acres of the Citrus Oaks Center property from Professional Offices &
Services to Commercial?
DISCUSSION:
The subject property is located on the southeast corner of the intersection of SR 50 and Citrus Oaks Avenue. The
subject property is approximately 2.13 acres in size and is the site of an existing professional office building that
was permitted by the City in 1998. Of the 2.13 acres, approximately 0.96 acres are proposed to be re-classified
from Professional Offices & Services to Commercial, with the remaining acreage retaining a Future Land Use
Designation of Conservation/Floodplains. The entire property is being simultaneously rezoned to PUD-
Commercial. The table below references the future land uses, zoning classifications and existing land uses of the
surrounding parcels:
Direction Future Land Use Zoning Classification Existina Land Use
North Commercial Community Commercial Retail outparcels of the West Oaks Mall
(C-2)
East Commercial, PUD-Commercial Retail Shopping Center,
Conservation/Floodplains Wetland/Conservation area
South Conservation/Floodplains Professional Offices & Wetland/Conservation area
Services (P-S),
proposed to be included
in rezoning to PUD-
Commercial
West Professional Offices & Professional Offices & Medical Office building
Services Services (P-S)
As stated above, the proposed Small-Scale Comprehensive Plan Amendment consists of re-classifying
approximately 0.96 acres of the subject property from Professional Offices & Services to Commercial, with the
remaining portion of the property retaining a Future Land Use Designation of Conservation/Floodplains. The
applicant is requesting the Small-Scale Comprehensive Plan amendment so the property can be rezoned to PUD-
Commercial from Professional Offices & Services (P-S). The main tenant is a medical clinic that has indicated they
will not renew their lease, which expires on August 31,2008. Rezoning the property to PUD-Commercial will allow
the owner to have greater latitude in leasing portions of the building to a broader range of tenants than can occupy
the building under the current zoning of P-S.
In general, the surrounding area is comprised of Commercial uses. The property is located on SR 50, which is the
main arterial road and commercial corridor in the City of Ocoee. The subject property is located across SR 50 from
the West Oaks Mall, and from "big-box" retailers ranging from Best Buy, PetSmart, Michael's Arts & Crafts, Toys
R' Us, and Borders Books & Music. Directly to the east of the subject property is a commercial shopping center
that contains a multitude of uses that range from a restaurant to an optometrist office.
Commercial uses in the building are not anticipated to generate additional traffic impacts beyond those of the
commercial shopping center to the east of the subject property. The applicant has agreed to place use limitations
on the property in an effort to limit traffic impacts created by the site and to be consistent with the uses in the
commercial shopping center to the east. The portion of the property along SR 50 is accessed via a right turn-lane
that leads into a shared access with the property to the east. The site has a secondary access point along Citrus
Oaks Avenue, which is a local collector street.
Based on the above analysis, it is anticipated the re-designation from Professional Offices & Services to
Commercial for approximately 0.96 acres of the subject property is a logical extension of the commercial lands
adjacent to north and east of the site, and is not anticipated to pose additional impacts on the surrounding roadway
network.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on June 25, 2008 and reviewed the applicant's request. The
applicant was notified that all concerns in regards to the review of the project had been satisfied. No additional
concerns were addressed, and the DRC voted unanimously to recommend approval of the Small-Scale
Comprehensive Plan amendment for approximately 0.96 acres of the Citrus Oaks Center from a designation of
Professional Offices & Services to Commercial, with the remainder of the property retaining a Future Land Use
designation of Conservation/Floodplains.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission acting as the Local Planning Agency held a public hearing on July 8, 2008 to
consider the Small-Scale Comprehensive Plan amendment for the Citrus Oaks Center. Following the
deliberations, the members of the Planning & Zoning Commission, acting as the Local Planning Agency voted
unanimously to recommend approval of the Small-Scale Comprehensive Plan amendment for approximately 0.96
acres of the Citrus Oaks Center from a designation of Professional Offices & Services to Commercial, with the
remainder of the property retaining a Future Land Use designation of Conservation/Floodplains.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners consider adoption of Ordinance 2008-009 of
a Small-Scale Comprehensive Plan Amendment for approximately 0.96 acres of the Citrus Oaks Center located
on the southeast corner of the intersection of SR 50 and Citrus Oaks Avenue from a designation of Professional
Offices & Services to Commercial, with the remainder of the property retaining a Future Land Use designation of
Conservation/Flood plains.
2
, ATTACHMENTS:
location Map
Existing Future land Use Map
Proposed Future land Use Map
Ordinance
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x'J
~ Public Hearing
~ Ordinance First Reading
Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deot Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
3
N/A
X N/A
N/A
Citrus Oaks Center
Location Map
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Ocoee Commun~y Development
Department
1 inch equals 770.448549 feet
260130 0 260 520 780 Feet
Printed: June 2008
C Subject Property
~ Unincorporated Territory
II.J.J..JI and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
Single-Family Dwelling (R-1A)
L 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)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
100 Commercial (PUD)
00 Low Density (PUD) .
III Medium Density (PUD)
IE High Density (PUD)
_ Public Use (PUD)
/ /./ Unclassified
Lakes and Water Bodies
Citrus Oaks Center
Existing Future land Use Map
EIi_
LAKE LOTTA
CONS
LAKE LOTTA
Q
-
Ocoee Community Development
Department
1 inch eq ual 5 1,000 feel
32562.50 325 650 975 Feet
Printed: June 2008
C Subject Property
EEEB Unincorporated Territory
and Other Municipalties
Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilities/Institutional
Lakes and Water Bodies
Citrus Oaks Center
Proposed Future land Use Map
~
ORDINANCE NO.
CASE NO. CP A-2008-002: CITRUS OAKS CENTER
COMPREHENSIVE PLAN AMENDMENT
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; AMENDING THE
FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN
TO CHANGE THE FUTURE LAND USE DESIGNATION FROM
"PROFESSIONAL OFFICES AND SERVICES" TO "COMMERCIAL,"
FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMA TEL Y
0.96 ACRES LOCATED SOUTH OF AND ADJACENT TO COLONIAL
DRIVE (S.R. 50) AND EAST OF AND ADJACENT TO CITRUS OAKS
DRIVE; PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY 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 (the "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 CP A-2008-002 in order to amend the Future Land
Use designation of certain real property containing approximately 0.96 acres, as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property"); and
WHEREAS, Amendment Number CP A-2008-002 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
ORLA_1061273.2
WHEREAS, on July 8, 2008 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 CPA-2008-002; and
WHEREAS, on , 2008 the City Commission held an advertised
public hearing and adopted Amendment Number CP A-2008-002; 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 (the "Ocoee Land Development
Code").
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 "Professional Offices and Services" 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 CPA-2008-002 consistent with
the provisions of this Ordinance.
2
ORLA_1061273.2
SECTION 4. Conflictine: 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 ofthe remaining portion hereto.
SECTION 6. Effective Date. This Ordinance shall take effect upon passage and
adoption.
PASSED AND ADOPTED this _ day of
,2008.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this
day of , 2008.
ADVERTISED ,2008
READ FIRST TIME ,2008
READ SECOND TIME AND ADOPTED
, 2008
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_1061273.2
EXHIBIT "A"
Legal Description
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF CITRUS
OAKS AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 3517, PAGE 2126,
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
TRACT 2, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, AS
RECORDED IN PLAT BOOK E, PAGE 52, OF THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA, LESS THE SOUTH 741.29 FEET THEREOF AND ALSO, LESS
THE STATE ROAD 50 RIGHT OF WAY, LYING IN SECTION 28, TOWNSHIP 22
SOUTH, RANGE 28 EAST, AND
ALSO LESS THE FOLLOWING TRACT OF LAND FOR THE EAST-WEST
EXPRESSWAY (RIGHT OF WAY):
A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO
BEING A PORTION OF TRACT 2, ORLANDO GROVES ASSOCIATION, LAKE LOTTA
GROVES, AS RECORDED IN PLAT BOOK E, PAGE 52, OF THE PUBLIC RECORDS
OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION
28, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE
RUN SOUTH 00019'50" EAST, A DISTANCE OF 82.22 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 50; THENCE RUN SOUTH
89048'00" WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 234.03 FEET
TO THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT OF WAY LINE
RUN SOUTH 45035'12" WEST, A DISTANCE OF 50.19 FEET TO A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF CITRUS OAKS AVENUE (PRIVATE STREET);
THENCE NORTH 00012'00" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A
DISTANCE OF 35.00 FEET TO THE SAID SOUTHERLY RIGHT OF WAY LINE OF
STATE ROAD 50; THENCE NORTH 89048'00" EAST ALONG SAID SOUTHERLY
RIGHT OF WAY LINE, A DISTANCE OF 35.97 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH NON-EXCLUSIVE RIGHTS OF INGRESS AND EGRESS AS SET
FORTH IN THAT CERTAIN NON-EXCLUSIVE EASEMENT AS DESCRIBED IN
OFFICIAL RECORDS BOOK 3534, PAGE 307, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
TOGETHER WITH THE LANDS LYING WEST OF THE CENTERLINE OF MICHIGAN
AVENUE, AS NOW VACATED.
LESS AND EXCEPT THOSE LANDS AS SET FORTH IN THAT ORDER OF TAKING
RECORDED IN OFFICIAL RECORDS BOOK 4081, PAGE 3512 AND THAT
STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 4092,
PAGE 4297, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LESS
THAT PORTION OF THE PARCEL CURRENTLY DESIGNATED IN THE
COMPREHENSIVE PLAN OF THE CITY OF OCOEE FOR
CONSERVATION/FLOODPLAIN USE
4
ORLA_1061273.2
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EXHIBIT "B"
Citrus Oaks Center
Proposed Future Land Use Map
5