HomeMy WebLinkAboutItem #14 Approval of Ordinance for Fountains West - PUD Land Use Plan Amendment
AGENDA ITEM STAFF REPORT
Meeting Date: April 21, 2009
Item # j ~
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
~ Subject: Fountains West PUD Amendment
Case # RZ-09-02-04
Commission District # 1 - Gary Hood
BackQround 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.
Issue:
Should the Honorable Mayor and City Commissioners approve the Substantial Amendment to the PUD
Land Use Plan for Fountains West?
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.
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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.
Plannina & Zonina 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 overview of the requested
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 and littering of paper products and odors. They were also concerned that the fast-food
restaurant would become a local hang-out for high school kids. The hours of operation were also
expressed as an issue. The adjacent property owners felt that the sound of car stereos and vehicles
waiting at the drive-thru would be overwhelming during the evening hours. The discussion further ensued
on the rise of crime in the area and the potential drop in surrounding property values due to 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.
Staff Recommendation:
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.
Ordinance Amending the PUD
First Amendment to the Development Agreement
Financial Impact:
None.
Tvpe of Item: (please mark with an "x')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deaf 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 ( )
O:\Staff Reports\2009\SR090029_AF _FountainsWestPUD_Amend to LUP.doc
N/A
X N/A
N/A
Fountains West PUD
Location Map
Q
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City Commission Regular
March 17,2009
parcel is improved with a nonoperational (Collison Carey Hand) Funeral Home facility. The southern parcel is
vacant and undeveloped. Both parcels are consistent with the adopted City ofOcoee Comprehensive Plan.
I a. Annexation Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner Keller. seconded by Mavor Vanderorift. moved to approve
Annexation Ordinance No. 2009-XXX. annexino the property at 529 Ocoee-Apopka
Road as recommended bv staff. Motion carried 5-0.
I b. Rezoning Ordinance
City Attorney Rosenthal read the title of the annexation ordinance.
Mayor Vandergrift opened the Public Hearing. There being no one wishing to speak, the
Public Hearing was closed.
Commissioner HOod. seconded by Commissioner Johnson. moved to approve
Rezonino Ordinance No. 2009-XXX. rezonina the property at 529 Ocoee-ApoDka
Road from Oranoe County A1. General Aoriculture to Ocoee C-1 Neiahborhood
Shoppino as recommended bv staff. Motion carried 5-0.
. I I. REGULAR AGENDA
rl3.?":New=Fiie"Sf3iioi::ana~tlie ~iielassess.meiit~Fee.:~lA':ssistaijtiCitt:Miiiaier~Cr.o:teiii)~ID}~"~!:=:~
Last fiscal year the City of Ocoee took the steps necessary to develop and implement a non-ad valorem
assessment program to fund fire services. These steps included adopting a Resolution of Intent to Use the
Unifonn Method of Collecting Non-Ad Valorem Special Assessments, adopting an Ordinance authorizing the
imposition of the assessment, and adopting both a preliminary and final fee resolution. The City set the fee at
zero. As the City starts to prepare its budget for Fiscal Year 09/10, it needs to detennine if the fire fee will
remain at zero for the coming year. Staff is seeking direction on implementing a fire assessment fee and the
Commission's direction on moving forward with implementation of the fourth fire station.
Assistant City Manager Croteau gave a PowerPoint presentation higWighting background on
the fourth fire station, the fire assessment fee, the cost for the new station, some preliminary fire
assessment rates, and the next steps in the project schedule.
Ms. Croteau explained that the City did a Resolution of Intent in December 2007, indicating our
intent to put the assessment on the tax bill. We readopted the ordinance in December 2008
because it did not appear on the tax bill and we needed to maintain our right to place it on the
bill, if necessary. We also adopted an ordinance that authorized the imposition of the fire
assessment fee, and adopted the rate at zero. She added that during the budget process, there was
extensive conversation about funding fire services through a fire assessment, especially in
relation to a new fire station on the north side of town. The city placed funds in the budget to
fund a temporary station for approximately four months. The operating and facility cost on the
temporary station at the Rogers property for the first year would be $750,000; each additional
.
Page 7 of 11
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City Commission Regular
March 17, 2009
year would cost approximately $670.000. The permanent station, if placed on city property,
would cost approximately 3 million, with annual operating cost of 1.5 million.
Ms. Croteau said the City can assess any amount up to 100% of the assessable budget which is
3.7 million, which does not include cost for new facilities temporary or permanent. We would
have to re-notice all property owners again this year stating the maximum that can be assess and
the assessment amount being considered by the City. She reviewed the assessment rates for
residential units: $147 @ 100% which would provide 3.1 million dollars; $88 @ 60% which
would provide 1.8 million in revenue. She said also have commercial (calculated by square
footage), industrial, and institutional categories included in these assessments. It would cost
residents $59 @ 40%. She added that the assessment at 30% would provide $900,000 in revenue
and 25% would provide $782,000. She discussed the timeline which lead up to the deadline of
adopting a final fee resolution and transmitting the rates to the Property Appraiser by July 15,
2009. She said staff is seeking direction from the Commission as to whether or not they should
prepare a preliminary fee resolution to move forward with funding the temporary and permanent
station through a fire service fee and to engage the services of GSG to assist us through the
process at a cost of $23,500; approval to move forward with the temporary station at the Rogers
Property .
Discussion ensued with regard to the design concept, placing the temporary station on the Rogers
property with a Mobile Home and Pole Barn for parking, original proposal of placing the fourth
fire station on the Coke Property.
Scott Delany, 800 Center Street, said they pay property taxes and for garbage, water, and sewer,
and he is against imposing any new fees. He does not feel that people that have lived in Ocoee
for many years should pay for a fire station for part of Ocoee that did not used to exist. He
discussed the issues in his neighborhood with undersized and aging water lines and felt that the
city should not build a new fire station if they can't afford to fix water lines.
R.P. Monacky, 1820 Prairie Lake Blvd., clarified the location of the Rogers property; said he
thought the city should consider consolidated fire departments, clarified that Winter Garden is
the first responder to our residents in the north section; asked why growth has not paid for
service and infrastructure improvements to which Commissioner Hood said that we are behind
at collecting enough money and impact fees to pay for all of the services. Commissioner
Keller added that cutting fire stations right now is not a good idea because our response time is
much better than other jurisdictions.
There was discussion that the Winter Garden station that is servicing our residents in the north
section is moving to a location farther away. Commissioner Johnson suggested that we look
into leasing that building once it is abandoned. Commissioner Hood said that those residents
deserve the same services as everyone else in the city; we annexed them into the City and we are
obligated to provide good services to them and not depend on a sister city to provide those
services. Commissioner Johnson said he wants a fire department, but he would be more likely
to support a millage increase than a fire assessment fee. He added that he would like to see
where all the fire impact fees are going for all of the new development on the north end. City
Manager Frank said the majority of it is going to the debt service on the current three fire
departments that we have.
Mayor Vandergrift said the state is considering a bill that would allow the county to have a 1 %
Fire Assessment fees.
James Kelley, 563 South Bluford, Ocoee Firefighter, said he actually lives in Winter Garden
near the station that covers northern Ocoee residents. He said Ocoee needs to take care of their
Page 8 of 11
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February 16, 2009
SOO West Fulton Street
Sanford, Florida 32771
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.cphengineers.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
\D) IU~ IU W IE ~
IIlIl FEB 2 0 2009 \!lJ
.
CITY OF OCOEE
Engineers' SU77Jeyors . Architects (AA26000926) . Planners. Landscape Architects. Environmental Scientists' Constroction Management. Design/Build
PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
For Recording Purposes Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(FOUNTAINS WEST pun)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("this
Amendment") is made and entered into as of the _ day of , 2009 (the
"Effective Date") by and between OCOE, LLC, a Florida limited liability company, whose
mailing address is
(hereinafter referred to as the "Successor Developer") and the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida
34761, Attention: City Manager (hereinafter referred to as the "City").
W ! T N E ~ ~ E T H:
WHEREAS, the City and SHW, LLC, and Living Waters Church of Ocoee, Inc.
(collectively, the "Original Developers") have heretofore entered into that certain Development
Agreement between the Original Developers and the City dated December 22, 2006 as
recorded in Official Records Book 9054, Page 792, Public Records of Orange County, Florida
(the "Development Agreement"); and
WHEREAS, OCOE, LLC is the successor to SHW, LLC as the developer of the
Fountains West PUD; and
WHEREAS, the Successor Developer owns fee simple title to Lot 2 of the Plat of
Fountains West as recorded in Plat Book 72, Page 111, Public Records of Orange County,
Florida ("Lot 2"); and
WHEREAS, the Successor Developers desires to modify certain prOVlSlons of the
Development Agreement as they relate to Lot 2 only in order to allow "Drive-In Restaurants"
as a permitted use on Lot 2; and
ORLA_1292664.1
-(
WHEREAS, Living Waters Church of Ocoee, Inc. has been gIven notice of the
proposed change in permitted uses on Lot 2; and
WHEREAS, of even date herewith, the City has approved Ordinance No. _
amending the Fountains West PUD Land Use Plan in order to allow "Drive-In Restaurants" as
a permitted use on Lot 2; and
WHEREAS, this Amendment is intended to conform the Development Agreement to
the Amended Land Use Plan for Fountains West PUD.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2. Chan2e in Permitted Uses for Lot 2. Notwithstanding any provision
contained in the Development Agreement to the contrary, "Drive In Restaurants" shall be a
permitted use on Lot 2. All provisions of the Development Agreement to the contrary are
hereby repealed.
Section 3. Covenant Runnin2 with the Land. This Amendment shall run with Lot
2 and inure to and be for the benefit of the parties hereto and their respective successors and
assigns and any person, firm, corporation, or entity who may become the successor in interest
to the Lot 2.
Section 4. Recordation of Amendment. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the Successor Developer's
expense, in the Public Records of Orange County, Florida.
Section 5. Effect on Development A2reement. Except as amended hereby, the
Development Agreement remains unchanged and in full force and effect, and each of the
parties hereto hereby ratifies and confirms the terms and conditions of the Development
Agreement. All references herein to the Development Agreement shall refer to the
Development Agreement as amended by this Amendment unless the text or context indicates
otherwise. In the event of any conflict between the Development Agreement and this
Amendment it is agreed that this Amendment shall control.
Section 6. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 7. Effective Date. The Effective Date of this Amendment shall be the day
this Amendment is last executed by a party hereto and such date shall be inserted on Page I of
this Amendment.
2
ORLA_1292664.1
IN WITNESS WHEREOF, the Successor Developer and the City have caused this
instrument to be executed by their duly authorized elected officials, partners, and/or officers as
of the day and year first above written.
Signed, sealed and delivered
in the presence of:
Print Name
Print Name
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
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_1292664.1
SUCCESSOR DEVELOPER:
OCOE, LLC,
a Florida limited liability company
By: Halvorsen Holdings, Inc.,
As Managing Member
By:
Name: Jeffrey T. Halvorsen
Its: President
(SEAL)
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry , City Clerk
(SEAL)
3
wi
.
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared JEFFREY T.
HALVORSEN, as the President of Halvorsen Holdings, Inc., as the Managing Member of
OCOE, LLC,
a Florida limited liability company, who [_l is personally known to me or [_l produced
as identification, and that he acknowledged executing the
same on behalf of said corporation and limited liability company in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
4
ORLA_1292664.1
PREPARED BY:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
For Recording Purposes Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(FOUNTAINS WEST pun)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("this
Amendment") is made and entered into as of the _ day of , 2009 (the
"Effective Date") by and between OCOE, LLC, a Florida limited liability company, whose
mailing address is
(hereinafter referred to as the "Successor Developer") and the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida
34761, Attention: City Manager (hereinafter referred to as the "City").
W ! T N E ~ ~ E T H:
WHEREAS, the City and SHW, LLC, and Living Waters Church of Ocoee, Inc.
(collectively, the "Original Developers") have heretofore entered into that certain Development
Agreement between the Original Developers and the City dated December 22, 2006 as
recorded in Official Records Book 9054, Page 792, Public Records of Orange County, Florida
(the "Development Agreement"); and
WHEREAS, OCOE, LLC is the successor to SHW, LLC as the developer of the
Fountains West PUD; and
WHEREAS, the Successor Developer owns fee simple title to Lot 2 of the Plat of
F ountains West as recorded in Plat Book 72, Page Ill, Public Records of Orange County,
Florida ("Lot 2"); and
WHEREAS, the Successor Developers desires to modify certain prOVISIons of the
Development Agreement as they relate to Lot 2 only in order to allow "Drive-In Restaurants"
as a permitted use on Lot 2; and
ORLA_1292664.1
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 LOCA TED 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-I 0 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
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
ORLA_128113o.1
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 199 I City of Ocoee
Comprehensive Plan as set forth in Ordinance #9 I -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-IO 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-l 0 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-IO supercede and replace the previously approved the
Cover Sheet and Sheet C-IO of the Land Use Plan for the Fountains West PUD. All references
to the Cover Sheet and Sheet C-IO of the Land Use Plan shall hereafter refer to the attached
revised Cover Sheet and Sheet C-1O. This approval modifies the list of Permitted Uses on Sheet
C-IO 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.
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.
ORLA_1281130.1
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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 TIME . 2009
READ SECOND TIME 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_1281130.1
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EXHIBIT "A"
[Insert Revised Sheets of Land Use Plan]
ORLA_1281130.1
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Copy of Public Hearing Advertisement
THURSDAY, APRIL 9. 2009
Date Published
\,
E4 Orlando Sentinel
NonCE 'is' HEREBY GivEN,pur-
suant to Subsectlons.~-4. G.
and ~.5. D. &E. of the Cltv
01 Ocoee Lond Development
Code. that on TU ESDA Y.
APRIL 21. 2009 at 7:15 p.m.
or os soon thereafter os
practlca~ the OCOEE CITY
COMMI~SION. will hold 0
PUBLIC HEARING at ,the
Cltv 01 Ocoee Commission
Chambers. 150 North Lake-
~~?r~ ~o"~l~e?f~:esu~~fo"~:
tlal ,Amendment to the
PU D/Land Use Plan lor
Fduntalns West PUD. The
I PU 0 Is locafed on'''he
\ ~o;~~~a;t ~g~dera~ll~
~~a~ha~~: ~mugl'~~ (gr~
to have a Drlve-ln'Restau-
rant os a permitted use.
This requested Land Use
Amendment affects onlv
Lot 2 01 the Fountains West
PUD subdivision, ., .'
OROINANCno. ~..., '
AN E OF THE cm OF
A APPROVING A
AMENDMENT TO
THE
. _ ':, ':{ S.~". ..'.
Interested'porthis, mav' ap-
pear at the publiC hearings
r~dt~~~~~~tel~h ri~:f'oe~~
above., l"''''",
. The cOmPlete case file In-
. cludlng 0 complete legal de-
'scription bvmetes, and
. bounds. mav be'lnspected
at the Ocoee .Development
Services Deportment/Plan-
ning 'Dlvlslon located at 150
North Lakeshore Drive.
Ocoee. Florida between the
hours'ol 8:00 a.m; and 5:00
~a~.:' e~~~!al~mr~~R~~W
The Cltv Commission mov
continue the public hearings
If 3:~~s d~:~~s~~~t.'~~~ I~~ 1
~%:~egl ~~tvd~r~~~ Ifm~~; i
and places 01 anv continua-
tion 01 these or continued
~~~~~e~eaJ~~Y~gS~~I~ ~eg~:
lngs. No lurther not lees re-
~rg~~YI,~W~.e' ~~tt~rs.W"1
You dre advised thai anv
person who desires to ap-
peal anv decision mode at
~~:l~b~~~a~30o"m~ :~J!
ceedlngs and for this pur;
pose mav need to ensure
that a verbatim record 01
. ~h1c~r~~T~Jr~~ellem~~
I nv pnd evidence upon which
~~s a:rt~a~I~~~ft;~~. n"~:
l~g a~ssi~l~~'kto :''=f~~~
shaufd contact the Cltv
Clerk's Office 48 hours In
advance 01 the meeting at
407-905-3105. .
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J
Beth Eikenberry
Cltv Clerk '
COR965326 .
~J