HomeMy WebLinkAboutItem #08 Ocoee Town Shops
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AGENDA ITEM STAFF REPORT
Meeting Date: November 17,2009
Item # ~
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
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S'ubject: Ocgee Town Snops
"" Comprehensive Plan Amendment # CPA-2008-003
PUD Land Use Plan / Rezoning - Project # RZ-08-08-05
Preliminary Subdivision/Site Plan - Project # LS-2008-006
. r _ Commission District # 2 - Rosemary Wilsen
BACKGROUND SUMMARY:
The subject site is approximately 3.38 acres in size and is located on the northwest corner of Clarke Road
and W. Colonia Drive (SR 50). The property is currently zoned Professional Offices & Services (P-S) with a
Future Land Use designation of "Professional Offices & Services" which allows for a Floor Area Ratio of
3.0. The subject property is currently vacant, undeveloped and heavily wooded containing a mixture of
Oak, Laurel, Ear, Chinaberry and Palm trees.
The future land use and zonina classifications of the surroundina properties:
DIRECTION: JURISDICTION I FUTURE LAND USE JURISDICTION I ZONING
North City ofOcoee I Commercial City ofOcoee I Community Commercial"C-2"
East City of Ocoee I Commercial City ofOcoee I Community Commercial "C-2"
South Orange County I Road Right-of-Way Orange County I Road Right-of-Way
West City ofOcoee I Commercial City of Ocoee I Community Commercial "C-2"
The existing land use to the west is "Commercial" (Kane's Furniture Store) and to the north is vacant with a
proposed commercial (Oaks Commerce Center) development. Both projects are part of the existing
Goodman Center Subdivision. To the east across Clarke Road is an existing large-scale shopping center
(Michaels, Pet'sMart, The Vitamin Shoppe, etc.). To the south across W. Colonia Drive (SR 50) is the on-
and off-ramps for the East-West Expressway (SR 408).
The (small-scale) Comprehensive Plan Amendment consists of classifying approximately 3.38 acres parcel
from "Professional Offices & Services" to "Commercia!." Essentially, the subject parcel is proposed as an
extension of the existing "Commercial" development of the area. The Applicant/Owner is also requesting a
"Planned Unit Development" (PUD) zoning in order to accommodate for a mixed-use commercial
development. Therefore, a Land Use Plan for the PUD zoning and a Preliminary Site/Subdivision Plan has
also been submitted by the Applicant.
The Land Use Plan proposes a mixture of uses which are Commercial, Retail, Restaurant, Restaurant w/ a
drive-thru facility, Medical Offices, and Financial Services. All other uses are proposed to be prohibited.
The Preliminary Subdivision Plan proposes three (3) commercial lots, which are sized ro fit the proposed
~_1454735.2
building structures. All of the lots will be serviced by a common tract (Tracts "A"). Tract "A" will address the
requisite infrastructure (access, parking, sidewalks, landscaping, etc.) improvements. The Preliminary Site
Plan proposes 3 one-story structures with a total gross floor area of 30,443 square feet. The allocation for
the total square footage for each use proposed is: 16,358 square feet of Commercial, 4,500 square feet of
Financial Services/CommerciallDrive-thru Restaurant, and 9,585 square feet of Restaurant space.
Several oak trees at the peripheral and rear of the property are scheduled to be preserved as reflected on
the Tree Protection and Removal Plan. In addition, there are some trees at the proposed landscape islands
including the main entrance island (30" Oak) that are scheduled to be preserved. At this preliminary stage,
23 approved trees are proposed to be protected. Accordingly at Final Site Plan, the tree protection will be
further evaluated with the Landscape Plan in order to optimize the tree preservation program for the site.
As stated earlier, the subject site is located on the northwest corner of Clarke Road and W. Colonial Drive
(SR 50). Both roadways are designated as arterials roads. There is an existing left-turn lane on Clarke
Road that is planned to be used for the project's main entrance. Accordingly, storage capacity for this turn
lane will be analyzed during Final Site Plan approval. Water, sanitary sewer, reclaimed water, solid waste
and police & fire protection will all be provided by the City.
"Planned Unit Development" (PUD) zoning allows for a tailored development program. The waivers
requested on the Waiver Table are the major differences of this project compared to a project built on a
conventional zoned district. The first five (5) waivers pertain to the entire project. They are listed on a
waiver table on the coversheet for your review and consideration. Justification to allow the City
Commission to grant waivers from the Land Development Code is determinate upon the project
demonstrating an offsetting public benefit which is technically sound and measurable. As justification of the
waiver request, the applicant has agreed to enhance the landscaping and removal of existing utility poles
on SR 50.
Waivers 6-10 are requested due to the lots being designed for single site structures. Access, parking,
sidewalks, and landscaping for the lots are provided via Tract "A". All of the waivers requested are from
Article V of the Land Development Code. This section of the Land Development Code sets minimum
standards for lot size, lot width, building setbacks, building coverage and impervious surface ratios. Staff
recommends approval of the requested waivers as presented.
Finally, the applicant was made aware that the Comprehensive Plan Amendment (CPA) cannot be
transmitted to Department of Community Affairs (DCA) for final processing until the EAR (Evaluation
Appraisal Report) for the City of Ocoee has been adopted and submitted to DCA and DCA has made an
initial determination of sufficiency with respect thereto, regardless of whether the EAR has been
determined to be insufficient. Accordingly, the comprehensive plan amendment ordinance has been
drafted so that, if passed, it will be adopted seven days after the EAR has been submitted to DCA, and
shall become effective thirty-one days after adoption if no one has filed a petition with the Division of
Administrative Hearings in accordance with 163.3187(3). The zoning ordinance has been drafted so that it
becomes effective at the same time as the comprehensive plan amendment ordinance and the
development agreement will become effective at the same time as the zoning ordinance. Further, the
zoning ordinance, the development agreement and the Preliminary Subdivision/Site Plan for Ocoee Town
Shops shall be approved subject to the passage, adoption and effectiveness of the comprehensive plan
amendment ordinance for Ocoee Town Shops.
ISSUE:
Should the Honorable Mayor and City Commissioners approve a Small-Scale Comprehensive Plan
Amendment ("Professional Offices & Services" to "Commercial") Ordinance, PUD Land Use Plan/Rezoning
Ordinance and Preliminary Subdivision/Site Plan for the Ocoee Town Shops?
!l,_1454735.2
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 25, 2009 and reviewed the Small-Scale
Comprehensive Plan Amendment ("Professional Offices & Services" to "Commercial"), Rezoning/PUD
Land Use Plan and Preliminary Subdivision/Site Plan for Ocoee Town Shops. There were comments to be
addressed from the City Attorney's Office that were identified in a written staff memorandum and presented
verbally. All of the comments were discussed and agreed to be completed by the applicant. The Applicant
felt confident that the Development Agreement and all requisite documents will be finalized and executed
by the applicant for presentation to the City Commission.
When the discussion was finished, the DRC voted unanimously to recommend approval of the Small-Scale
Comprehensive Plan Amendment ("Professional Offices & Services" to "Commercial"), PUD Land Use Plan
and Preliminary Subdivision/Site Plan, subject to resolving the City Attorney's remaining comments before
the City Commission meeting.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Small-Scale Comprehensive Plan
Amendment ("Professional Offices & Services" to "Commercial"), Rezoning/PUD Land Use Plan and
Preliminary Subdivision/Site Plan for Ocoee Town Shops on March 10, 2009. City Staff presented a brief
overview of the project. City Staff and the Applicant answered several questions regarding tree protection,
parking demand, stormwater exfiltration system, elevation of the property, and the waivers requested for
the project. All of these questions were addressed adequately in the P&Z meeting. There was no one from
the public to speak regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (4-1) of
the Small-Scale Comprehensive Plan Amendment ("Professional Offices & Services" to "Commercial"),
Rezoning/PUD Land Use Plan and Preliminary Subdivision/Site Plan as date-stamped received by the City
on December 24,2008.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Small-Scale Comprehensive Plan Amendment ("Professional
Offices & Services" to "Commercial") Ordinance, subject to the City Commission approval of the Right-of-
Way Vacation for the northern adjacent Unnamed Road. Furthermore, based upon the recommendation of
the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners
approve the Rezoning/PUD Land Use Plan Ordinance, Development Agreement for Ocoee Town Shops, and
Preliminary Subdivision/Site Plan for Ocoee Town Shops date-stamped received by the City on December
24, 2008, subject to the City Commission approval of the Right-of-Way Vacation for the northern adjacent
Unnamed Road and the passage, adoption and effectiveness of the Small-Scale Comprehensive Plan
Amendment Ordinance, pursuant to Sections 7 & 8 of that ordinance.
ATTACHMENTS:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
Small-Scale Comprehensive Plan Ordinance;
Rezoning Ordinance;
~_1454735.2
FINANCIAL IMPACT:
None.
Type of Item: (please mark wifh an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
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\SR090078_AF _OcoeeTownShops_PUD-PSP-SSCPA_CC1.DOC
~_1454735.2
N/A
X N/A
N/A
e
Ocoee Town Shops
Location Map
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#
ORDINANCE NO.
CASE NO. CPA 2008-03: OCOEE TOWN SHOPS
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, AS FOLLOWS: AMENDING THE
FUTURE LAND USE MAP TO REDESIGNATE FROM "PROFESSIONAL
OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY
CONTAINING 3.39 ACRES (MORE OR LESS) LOCATED NORTH OF AND
ADJACENT TO STATE ROAD 50 AND WEST OF AND ADJACENT TO
CLARKE ROAD, PURSUANT TO THE APPLICA nON SUBMITTED BY THE
PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A
DEFERRED ADOPTION DATE IN COMPLIANCE WITH SECTION
163.3187(6)(a), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE
DATE
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,
AS FOLLOWS:
SECTION 1. In passing and adopting this Ordinance the City Commission of the City of
Ocoee, Florida ("City Commission") hereby makes, expresses, and incorporates the following
findings, purposes, and intent:
a. On September 18, 1991, the City Commission adopted a new Comprehensive Plan
pursuant to Chapter 163, Florida Statutes, which has been amended from time to time ("Ocoee
Comprehensive Plan").
b. The Property Owner initiated Amendment Number CPA-2008-03 in order to amend
the Future Land Use designation of its property.
c. Amendment Number CPA-2008-03 constitutes a Small Scale Comprehensive Plan
Amendment within the meaning of Section 163.3 I 87(c), Florida Statutes.
d. On March 10, 2009, 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-2008-03.
e. On December _, 2009, the City Commission held an advertised public hearing and
passed this Ordinance regarding Amendment Number CPA-2008-03.
f. 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 ofOcoee ('Ocoee Land Development Code").
ORLA_1224613.2
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SECTION 2. The City Commission has the authority to pass and adopt this Ordinance
pursuant to Article VI I I 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 3. The Future Land Use designation as set forth on the Future Land Use Map of
the Ocoee Comprehensive Plan of the following described parcel of land containing approximately
3.39 acres located within the corporate limits of the City ofOcoee, Florida, (the "Property") is hereby
changed from "Professional Offices & Services" to "Commercial" with such change becoming
effective on the effective date of this Ordinance as set forth in Section 8 below:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
A map of the Property is attached hereto as EXHIBIT "B" and by this reference is made a part
hereof.
SECTION 4. At such time as this Ordinance become effective, the City Planning Director
is 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-2008-03 consistent
with the provisions of this Ordinance.
SECTION 5. At such time as this Ordinance become effective, all ordinances or parts of
ordinances in contlict herewith are repealed.
SECTION 6. 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 7. At the time of the public hearing on this Ordinance, pursuant to Section
I63.3187(6)(a), Florida Statutes, the City of Ocoee is prohibited from amending its comprehensive
plan until it has adopted and submitted its evaluation and appraisal report ("EAR") to the Florida
Depm1ment of Community Affairs (the "DCA") as prescribed by Section 163.3191, Florida Statutes.
Accordingly, this Ordinance shall not be considered as having been adopted by the City Commission
of the City of Ocoee until the seventh (7th) day after the date on which the EAR has been adopted
and submitted to the DCA and the DCA has made an initial determination of sufficiency regardless
of whether the EAR has been determined to be insufficient (the "Adoption Date"). The Adoption
Date shall be inserted in this Ordinance by the City Clerk as the date of adoption by the City
Commission of the City of Ocoee. At such time as this Ordinance is adopted as aforesaid, a copy of
this Ordinance shall be transmitted to the DCA.
SECTION 8. This Ordinance shall become effective on the 31 st day after the Adoption
Date if no affected person has filed a petition with the Division of Administrative Hearings in
accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely filed, this
Ordinance shall become effective on the date the DCA or the Administrative Commission issues a
final order determining that the adopted Amendment Number CPA-2008-03 is in compliance. For
the purposes of this Ordinance, the "effective date" is the date on which this Ordinance shall become
effective as set forth in this Section.
2
ORLA_1224613.2
PASSED this _ day of
ADOPTED this _ day of
,2009.
,20_
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY
this day of , 2009.
FOLEY & LARDNERLLP
By:
City Attorney
ORLA_1224613.2
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED
READ FIRST TIME
READ SECOND TIME AND PASSED ON
,2009
Under Agenda Item No.
3
j ORDINANCE NO.
(PUD Zoning Ordinance for Ocoee Town Shops PUD)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT
DEVELOPMENT DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMA TEL Y 3.39 ACRES
LOCATED NORTH OF AND ADJACENT TO STATE ROAD
50 AND WEST OF AND ADJACENT TO CLARKE ROAD,
PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN AND THE OCOEE CITY CODE AS OF THE
ADOPTION DATE OF TillS ORDINANCE; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to zone said real property to Ocoee "PUD," Planned Unit Development District
(the "Zoning");
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code
of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed
said application and determined that, subject to the Ocoee Town Shops Comprehensive Plan
Amendment Ordinance (as defined and described in Section 9 hereof) becoming effective, the
Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as
set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee
Comprehensive Plan");
ORLA_1224586.2
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning shall be consistent with the Ocoee Comprehensive Plan as amended by the Ocoee Town
Shops Comprehensive Plan Amendment Ordinance and is in the best interest of the City and has
recommended to the Ocoee City Commission that it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; 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.
Zoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 3.39 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee "P-S"
Professional Offices & Services to Ocoee "PUD," Planned Unit Development District with such
change becoming effective upon the effective date of this Ordinance as provided in Section 9
below:
ORLA_1224586.2
-2-
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4.
Land Use Plan. Subject to this Ordinance becoming effective
as provided in Section 9 below, the following Land Use Plan for the Property is hereby approved
subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set
forth thereon:
That certain Land Use Plan for Ocoee Town Shops PUD
prepared by Evans Engineering, date stamped received by the
City on December 24, 2008 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 the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zonin~ Map. At such time as this Ordinance
becomes effective as provided in Section 9 below, the City Clerk is authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted
by this Ordinance and the Mayor and City Clerk are authorized to execute said revised Official
Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter 180
of the Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance shall be consistent with the Ocoee Comprehensive upon the
Ocoee Town Shops Comprehensive Plan Amendment Ordinance becoming effective.
ORLA_1224586.2
-3-
SECTION 7.
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 8.
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 9.
Effective Date. Prior to the public hearing on this Ordinance,
the City Commission has passed Ordinance No.
amending the Ocoee Comprehensive
Plan to change the future land use designation of the Property from "Professional Offices &
Services" to "Commercial" (the "Ocoee Town Shops Comprehensive Plan Amendment
Ordinance"). However, pursuant to Sections 7 and 8 of the Ocoee Town Shops Comprehensive
Plan Amendment Ordinance, such ordinance has a deferred adoption date and a deferred effective
date. The Ocoee Town Shops Comprehensive Plan Amendment Ordinance being adopted and
becoming effective is a condition precedent to this Ordinance being adopted and becoming
effective in order for this Ordinance to be consistent with the Ocoee Comprehensive Plan.
Accordingly, this Ordinance shall not be considered as adopted until such condition precedent is
satisfied. The adoption date and effective date of this Ordinance shall be the date on which the
Ocoee Town Shops Comprehensive Plan Amendment Ordinance becomes effective. At such
time as the Ocoee Town Shops Comprehensive Plan Amendment Ordinance becomes effective,
the City Clerk shall insert such date in this Ordinance as the adoption date of this Ordinance.
ORLA_1224586.2
-4-
PASSED this _ day of
,2009.
ADOPTED this day of
,20_
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 2009.
FOLEY & LARDNERLLP
By:
City Attorney
ORLA_1224586.2
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2009
READ FIRST TIME , 2009
READ SECOND TIME AND PASSED
, 2009
UNDER AGENDA ITEM NO.
-5-
EXHIBIT "A"
The Property
ORLA_1224586.2
-6-
EXHIBIT "B"
[Insert Map]
ORLA_1224586.2
-7-
I
EXHIBIT "C"
[Insert Land Use Plan]
ORLA_1224586.2
-8-