HomeMy WebLinkAboutItem #10 First Reading of Ordinance for Fountians West - PUD Land Use Plan Amendment
Meeting Date: April 7, 2009
Item # { D
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1 019
Reviewed By:
Department Director:
City Manager:
· Subject: Fountains West PUD Amendment
Case # RZ-09-02-04
Commission District # 1 - Gary Hood
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Substantial Amendment to the PUD
Land Use Plan for Fountains West?
BACKGROUND SUMMARY:
The Fountains West PUD was originally approved by the City Commission on December 19, 2006 (see
attached minutes). The PUD encompasses approximately 43 acres in size and is generally located on the
northeast corner of the intersection of West Road and Ocoee-Apopka Road, The Fountains West PUD
subdivision consists of eight lots of which Lot 6 is the recently constructed Publix Shopping Center. As of
this date, lots 1 (SunTrust Bank) and 3 (Fifth Third Bank) are in the process of completing construction. Lot
2, approximately 1.14 acres in size, currently remains undeveloped.
DISCUSSION:
The Amendment changes the "Permitted Uses" chart on sheet C-10 of the approved Land Use Plan. The
requested land use change will allow Lot 2 to have a Drive-In Restaurant as a permitted use. This
requested Land Use Amendment will only affect Lot 2 of the Fountains West PUD subdivision,
During the original approval process, lots 1 thru 3 were the most restricted due to the close proximity with
the residential subdivisions across the street. Specifically, the rational for Lot 2's drive-in restriction came
from residential lots being as near as 120 feet. Conventional zoning restrictions for drive-in restaurant are
set at 200 feet per Article V, Table 5-1 "Permitted Use Regulations" of the Land Development Code, Since
PUDs are essentially tailored for a permitted land use program, this restriction can be properly lifted from
Lot 2 by amending the permitted uses allowed in the PUD "Permitted Uses" chart. If approved, the existing
Development Agreement will also have to be amended.
Additionally during the original PUD approval, the McDonald's restaurant franchise expressed interest in
locating on Lot 2. On both the P&Z and City Commission meetings, there was public opposition to this
request. The discussions mainly centered on noise, odors and traffic that would be associated with a
restaurant with a drive-thru facility. On November 14, 2006, the Planning & Zoning Commission expressed
that this would not be compatible with the area due to its close proximity with the residential units, Other
interior lots of Fountains West PUD were suggested to the McDonald's representatives as being more
suitable for the requested use,
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 25, 2009 and reviewed the Amendment to
the PUD land Use Plan for Fountains West. According to the City's land Development Code, alterations
to an approved PUD land Use Plan shall be classified as either substantial or nonsubstantial by the DRC.
The Committee determined that the proposed amendment was considered a substantial amendment due
to the criteria established in the City's land Development Code, Accordingly, the proposed substantial
amendment will be presented at a public hearing before the Planning and Zoning Commission and a public
hearing before the City Commission.
There was only one outstanding issue to be addressed from the City Attorney's Office that was identified in
the meeting. When the discussion was finished, the Committee voted unanimously to forward the
requested Amendment to the Fountains West PUD for the Commissioners review and consideration and
official action.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Amendment to the PUD land Use Plan for
Fountains West on March 10, 2009. City Staff presented a brief history and an oveNiew of the request
amendment. The Applicant gave handouts (see attached) and a brief presentation on a possible
development (McDonald's Restaurant) scenario. The development scheme orientated a fast-food
restaurant to the internal portion of the shopping center with the drive-thru facility facing on Ocoee-Apopka
Road and the speaker box on the north side of the building,
There were (4) people from the public to speak in opposition to this PUD/land Use Plan amendment. They
had many concerns about allowing a drive-thru restaurant use on Lot 2. Their concerns mainly centered on
noise, traffic, littering of paper products and odors. They were also concerned that the fast-food restaurant
will become a local hang-out for high school kids. The late hours of operation was also expressed as an
issue. The neighbors thought that the sound of car stereos and vehicles waiting at the drive-thru will be
overwhelming at night. The discussion further ensued on the rise of crime in the area and the potential of
surrounding property values going down due to its close proximity to the site, Moreover, the property
owners mentioned that there was no attempt by the Applicant to contact the surrounding neighbors or the
abutting Home Owner's Associations,
The Planning & Zoning Commission expressed that the Applicant cannot imply that the impacts of the
proposed use is buffered by the adjacent (Ocoee-Apopka Road) roadway. Other interior lots (lot 4) of
Fountains West PUD were suggested to the Applicant as being more suitable for their requested use, It
was further determined that this request would not be a compatible use due to its close proximity with the
residential units,
After finishing its deliberations, the Planning & Zoning Commission voted to recommend denial (3-2) of the
Amendment to the PUD land Use Plan for Fountains West as date-stamped received by the City on
February 10, 2009.
Sl AFF RECOMMENDA liON:
Staff recommends that the Mayor and City Commissioners deliver its formal action (approval, approval
subject to conditions, or denial of the request) for the Substantial Amendment to the Fountains West PUD
land Use Plan, as date stamped received by the City on February 10, 2009.
Attachments:
Location Map;
City Commission Regular Meeting of December 19, 2006--Pages 7 & 8 only;
Letter from CPH Engineering dated February 19, 2009;
PUD Land Use Plan for Fountains West PUD date-stamped February 10, 2009--Coversheet and Sheet C-10 only;
Handouts of the P&Z meeting on March 10, 2009.
Financial Impact:
None.
Type of Item: (please mark with an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
Consent Agenda
Public Hearing
Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
Fountains West PUD
Location Map
e
o A7.,9
~o?J.
S\'3\e
City Commission Regular
December 19,2006
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-023
AN ORDINANCE OF THE CITY OF OCOEE, FWRlDA AMENDING THE OCOEE
COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28,
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
APPROXIMA TEL Y 9.95 ACRE TRACT OF LAND LOCATED EAST OF AND ADJACENT TO
OCOEE-APOPKA ROAD AND APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION
OF OCOEE-APOPKA ROAD AND WEST ROAD FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL; 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.
b. PUD Rezoning OrdinanceILand use Plan
Fountains West PUD property is located on the northeast comer of the intersection of West Road and Ocoee-
Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres
will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland
mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently
undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other
varieties of trees scattered around the property. Moreover, most of the property was a fonner citrus grove that is
now cleared. Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the rezoning the property from C-2 "Community Commercial", R-IA
"Single-Family Dwelling", and I-I "Restricted Manufacturing & Warehousing" to PUD based on the Land Use
Plan, as date stamped received by the City on November 21, 2006, and further subject to limiting Lot 3 from the
use as a Drive-In restaurant, approval of the Development Agreement and approval of the small-scale
Comprehensive Plan Amendment. (Advertised as Public Hearing in the Orlando Sentinel Legal Classified on
Thursday, December 7, 2006)
City Attorney Rosenthal read the title of the ordinance
Principal Planner Fabre gave a presentation and said he would like to amend the staff
recommendations deleting the northern traffic light from the plans because of traffic noise and
fumes that would be created.
Mayor Vandergrift asked if the County is going to put in all four lanes. City Engineer
Wheeler explained the approval is still in process with the County and it appears favorable
that West Road will be four-Ianed from Ocoee Apopka Road to the 429.
City Attorney Rosenthal advised that the Developer requested to the Planning and Zoning
Commission (P&Z) that a waiver be added that was not in staff recommendation. P&Z denied
the additional waiver, but the developer will probably present that request here tonight.
City Attorney Rosenthal said he would like to revise the Staff recommendation, the sentence
that says approval of Development Agreement, should be "execution by all oarties of the
Development Agreement along with a Joinder in Consent bv W.O.R.Y. Investors LLC", that will
ensure it is properly executed by all parties.
Mayor Vandergrift opened the Public Hearing.
Peter Schwab, resident of the Vineyards, spoke against having a drive thru restaurant that
close to his residential neighborhood.
Tom Vincent, Halvorsen Development said they agree with all staff comments. This has been
in progress for two years, and an extraordinarily complicated project. He said that out parcel 2 is
the only lot being requested for the type of use that would allow a drive-thru restaurant.
Page 7 of 12
City Commission Regular
December 19,2006
Susan Kurchinski, Area Real Estate Investor for McDonalds, advised that this lot is the only one
they will consider to build on because they have invested time and money to make that
determination. She gave a video presentation of the upscale McDonalds Prototype being
considered for that location. She added that she did not think the drive thru would disturb the
residential neighborhood in any manner.
Brady Lassard, said that this is a beautiful design for McDonalds, the first of its kind in Central
Florida, and McDonalds is willing to make concessions, other than the location, to address the
concerns of the Commission.
Mayor Vandergrift closed the Public Hearing.
There was discussion among the commission against placing a fast-food restaurant on the Lots 1,
2, or 3. Mayor Vandergrift said he would vote in favor of placing the McDonalds on Lot 2.
Commissioner Hood. seconded by Commissioner Anderson. moved to approve
on second readina. Ordinance No. 2006-024. approvina the Fountains West PUD
rezonina per staff recommendations. includina the deletion of the traffic Iiaht as
recommended by staff and includina the revision to state that the execution bv all
parties of the Development Aareement alona with a Joinder and Consents by
W.O.R.Y. Investors LLC as stated bv City Attorney Rosenthal. Motion carried 5-0.
The ordinance as adopted on second reading carries the following title:
ORDINANCE NO. 2006-024
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD"
ZONING, PLANNED UNIT DEVELOPMENT DISTRICT. FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 43.03 ACRES LOCATED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF WEST ROAD AND OCOEE-APOPKA ROAD, PURSUANT TO THE
APPLICATION SUBMITTED BY mE PROPERTY OWNERS; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
**Waivers requested by the applicant to place a drive thru on Lots I, 2, or 3 were not granted.
I c. Development Agreement
City Attorney Rosenthal said that staff recommends that the Development Agreement be
approved with the additional correction that it be revised to say that Lot 3 would be limited from
the use as a drive in restaurant, and conforming to the prior approval of the PUD.
Commissioner Hood. seconded by Commissioner Anderson. moved to approve
the Development Aareement for Fountains West with the additional correction
that it be revised to say that Lot 3 would be limited from the use as a drive in
restaurant. and conformina to the prior approval of the PUD. Motion carried 5-0.
City Attorney Rosenthal clarified the process for the Development Agreement.r
Page 8 of 12
500 West Fulton Street
Sanford, Florida 32771
February 16. 2009
P.O. Box 2808
Sanford, Florida 32772.2808
Antonio Fabre
Principal Planner
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL. 34761
Phone: 407.322.6841
Fax: 407.330.0639
www.cphengineeTs.com
Re: Fountain West PUD
Dear Mr. Fabre,
Please consider this our formal request to begin the process of amending the original
Fountain West PUD. dated March 3, 2005, This amendment would allow for a drive-thru
restaurant on Lot 2, which is currently prohibited in the list of permitted uses on Sheet C-
10 of the approved Plan. The prescribed lot is situated along a major roadway, Ocoee-
Apopka Road. which serves as a buffer to the residential uses west of the overall
commercial center. The Applicant will also be proposing an enhanced landscaping plan
which will serve as additional screening from the adjacent roadway, The Applicant plans
to locate the building on the site in a manner that minimizes visual and audio impact to
adjacent properties, as they have been successful in doing with other sites, Applicant
has previously submitted, as part of this process, the revised sheets illustrating this
change in the permitted uses on Sheet C-10, The Applicant will be prepared to illustrate
numerous accommodations that have been positively received in other jurisdictions,
We would also like to take this opportunity to thank your staff, Sherry Seaver in
particular, for their assistance in getting this application processed, We will be
submitting a revised site plan/rendering, as well as the $750.00 application fee, under
separate cover in the next few days, Please do not hesitate to contact me personally, on
my cell phone, if you have any questions prior to the public hearing. On behalf of our
entire team. we look forward to working with your entire staff and the City Commission to
make this project a reality. Thank you again.
Sin~ -
Brady Lessard ~
Vice President/Project Development
\5)1 ~ lG ~ ~ 'W ~ \f\\
IIfIl FER 2 0 2009 ~
CITY OF OCOEE
Engineers' Suroeyors . Architects (AA26000926) . Planners' Landscape Architects. Enviromnental Scientists. Construction Management. DeSign/Build
0/
.
.
.
ORDINANCE NO.
(Amendment to PUD Land Use Plan for Fountains West)
TAX PARCEL ID #: 06-22-28-2856-020-00
CASE NO. RZ-09-02-04: FOUNTAINS WEST PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
LAND USE PLAN FOR THE FOUNTAINS WEST PUD ON
CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF
WEST ROAD AND OCOEE-APOPKA ROAD AS
PETITIONED BY THE PROPERTY OWNER; AMENDING
THE FOUNTAINS WEST PUD LAND USE PLAN IN
ORDER TO ALLOW DRIVE IN RESTAURANTS AS A
PERMITTED USE ON LOT 2 THEREOF; FINDING THE
AMENDED LAND USE PLAN TO BE CONSISTENT WITH
THE OCOEE COMPREHENSIVE PLAN; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ocoe LLC (the" Applicant") is the owner of the following lot
located within the corporate limits of the City of Ocoee, Florida: Lot 2 of the Plat of
Fountains West as recorded in Plat Book 72, Page 111 of the Public Records of Orange
County, Florida ("Lot 2"); and
WHEREAS, the Applicant is the original developer of the Fountains West
PUD , as approved by the Ocoee City Commission on December 19, 2006 and remains the
developer as of the date of adoption of this Ordinance; and
WHEREAS, the Applicant has petitioned 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 (the "Land Use Plan"); and
WHEREAS, the Amendment proposes to modify the list of Permitted Uses on
Sheet C-lO of the Land Use Plan by making "Drive In Restaurants" a permitted use on Lot 2
as shown on the Land Use Plan and does not propose any other changes to the Land Use Plan;
and
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on February 25, 2009; and
ORLA_128113Q,1
.,
WHEREAS, the DRC determined that the proposed Amendment was a
substantial change to the Land Use Plan and forwarded the Amendment to the Planning and .
Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission")
without a recommendation; and;
WHEREAS, the Amendment was scheduled for study and recommendation by
the Planning and Zoning Commission; and
WHEREAS, on March 10, 2009, the Planning and Zoning Commission held an
advertised public hearing on the Application and recommended denial of the Amendment; and
WHEREAS, on , 2009, the Ocoee City Commission held a
de novo advertised public hearing with respect to the proposed Amendment and this Ordinance
and determined that the Amendment and this Ordinance are consistent with the 1991 City of
Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted September 18, 1991, as
amended; and
WHEREAS, the Ocoee City Commission considered this Ordinance III
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 Chapters 163 and 166, Florida Statutes.
SECTION 2. Amendment to the Land Use Plan. The Amendment to
the Cover Sheet and Sheet C-lO of the Land Use Plan, date stamped received by the City on
February 10, 2009, is hereby approved. The Amendment to the Cover Sheet and Sheet C-lO
of the Land Use Plan is attached hereto as Exhibit "A" and by this reference made a part
hereof. Said revised Cover Sheet and Sheet C-lO supercede and replace the previously
approved the Cover Sheet and Sheet C-10 of the Land Use Plan for the Fountains West PUD.
All references to the Cover Sheet and Sheet C-lO of the Land Use Plan shall hereafter refer to
the attached revised Cover Sheet and Sheet C-lO. This approval modifies the list of Permitted
Uses on Sheet C-lO of the Land Use Plan by making "Drive In Restaurants" a permitted use
on Lot 2 as shown on the Land Use Plan. Except as set forth in this section, the Land Use
Plan remains unchanged and does not affect any other lots or tracts within the Fountains West
PUD.
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. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. .
ORLA_1281130,1
-2-
.
.
.
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.
PASSED AND ADOPTED this
day of
,2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2009
READ FIRST TIl\1E . 2009
READ SECOND TIl\1E AND ADOPTED
. 2009
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM
AND LEGALITY
this _ day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_128113Q,1
-3-
I
.
EXlDBIT "A"
[Insert Revised Sheets of Land Use Plan]
.
.
ORLA_128113Q,1
-4-