HomeMy WebLinkAboutItem #09 Shoppes at the Village
Meeting Date: November 17, 2009
Item # 9
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
'Subject: Shoppes at the Village
Small-Scale Comprehensive Plan Amendment and Rezoning
Case#(s) CPA-2008-00S & RZ-08-11-09
Commission District # 2 "7'" Rusty Johnson
BACKGROUND SUMMARY:
The Shoppes at the Village property is located on the northwest corner of Silver Star Road and Bluford
Avenue. The subject property physical address is 300 North Bluford Avenue. The subject site is approximately
0.91 acres in size and is zoned R-1AA (Single-Family Dwelling). The property is currently vacant,
undeveloped and moderately covered with a mixture of Maple, Cedar, China Berry and Oak trees. The table
below references the Jurisdiction, Future Land Use, Existing Land Uses and Zoning of the surrounding
properties.
DIRECTION: JURISDICTION / FUTURE LAND USE EXISTING LAND USE / ZONING
North City of Ocoee / Low Density Residential Residential/Single-Family Dwelling "R-l AA"
East City of Ocoee / Commercial Commercial/Community Commercial "C-2"
South City of Ocoee / Commercial Commercial/Community Commercial "C-2"
West City of Ocoee / Low Density Residential Residential/Single-Family Dwelling "R-IAA"
The "Ocoee Plaza" Shopping Center (Tropic Save Supermarket, Family Dollar, MetroPCS, Money Pawn,
H&R Block, et. al.) is located adjacent to the south across Silver Star Road. The existing adjacent land use to
the west is a convenience store (Handy Way/CITGO) with fuel operations.
The applicant/owner is requesting a Small-Scale Comprehensive Plan Amendment which consists of
classifying the subject parcel of land from "Low Density Residential" to "CommerciaL" The applicant/owner is
also requesting a designation of C-2 (Community Commercial) in order to accommodate for a small-scale
commercial development. The applicant has submitted a small-scale Site Plan that proposes the construction
of a 6,400 square feet commercial building. Accordingly, the City Commission will not be acting on the Site
Plan approval because small-scale site plans are administratively approved.
The subject parcel is essentially proposed as an infill development and an extension of the existing
"Commercial" development pattern of that area. Policies 2.6 and 2.8 of the Future Land Use Element of the
Comprehensive Plan consider the subject parcel an infill development site. The Comprehensive Plan
promotes infill development areas by stipulating the streamlining of the permitting process for development
proposals and waivers from specific zoning requirements in infill areas.
Infill development is defined per the Comprehensive Plan as properties inside the urbanized portion of the
City which already have public services and infrastructure but have been skipped over in the development
process. Infill sites are generally limited to less than a few acres in size, and are generally located in an area
where the surrounding development is at least 15-20 years old. The majority of properties in infill areas are
either vacant (such as the subject property) or are underutilized. Infill developments are advantageous to the
City since utilities and police/fire protection are easily accessible to the site.
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. Further, the zoning
ordinance and the Final Site Plan for Shoppes at the Village shall be approved subject to the passage,
adoption and effectiveness of the comprehensive plan amendment ordinance for Shoppes at the Village.
Issue:
Should the Honorable Mayor and City Commissioners approve a Small-Scale Comprehensive Plan
Amendment ("Low Density Residential" to "Commercial") and Rezoning from R-1M (Single-Family Dwelling)
to C-2 (Community Commercial) for the Shoppes at the Village property?
Development Review Committee Recommendation:
The Development Review Committee (ORe) met on August 27, 2009 and reviewed the Small-Scale
Comprehensive Plan Amendment and Rezoning for Shoppes at the Village's property. There were written
staff comments that were presented from the Planning Division, Engineering Department, and City Attorney's
Office. However, it was collectively agreed that most of the comments pertained to the small-scale site plan
and thus were not required to be completed for the requested actions. The Applicant was reminded on the
requirement of a Title Report per the City Attorney's comment. The Applicant also agreed for the conveyance
of the 1 O-foot wide right-of-way along Silver Star Road, as depicted on the small-scale Site Plan, based upon
the Comprehensive Plan.
When the discussion was finished, the DRC voted unanimously to recommend approval of the Small-Scale
Comprehensive Plan Amendment ("Low Density Residential" to "Commercial") and Rezoning (Single-Family
Dwelling "R-1M" to Community Commercial "C-2"), subject to resolving the comments mentioned at the
DRC meeting and conveyance of the 1 O-foot wide right-of-way prior to the City Commission meeting.
Plannina & Zonina Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed Small-Scale Comprehensive Plan
Amendment ("Low Density Residential" to "Commercial"), and Rezoning (Single-Family Dwelling "R-1M"
to Community Commercial "C-2") for Shoppes at the Village's property on September 8, 2009. City Staff
presented a brief overview of the project. City Staff and the Applicant answered several questions
regarding the possibility of assemblage of properties for commercial use and existing turnlanes adjacent to
the site. 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 unanimously to recommend
approval of the Small-Scale Comprehensive Plan Amendment ("Low Density Residential" to "Commercial")
and Rezoning (Single-Family Dwelling "R-1M" to Community Commercial "C-2"), subject to resolving the
comments mentioned at the DRC meeting and conveyance of the 1 Q-foot wide right-of-way prior to the City
Commission meeting.
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 ("Low Density
Residential" to "Commercial") Ordinance. Furthermore, based on the recommendation of the DRC and
Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the
Rezoning (Single-Family Dwelling "R-1AA" to Community Commercial "C-2") Ordinance, subject to 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;
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
C:\Documents and Setlings\szink\Local Settings\Temporary Internet Files\OLK127\AF CC 11-17-09 Report Shoppes at the Village (2)
doc.DOC
Shoppes at the Village
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ORDINANCE NO.
CASE NO. CPA 2008-05: SHOPPES AT THE VILLAGE
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 "LOW DENSITY
RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL PROPERTY
CONTAINING 0.911 ACRES (MORE OR LESS) LOCATED NORTH OF AND
ADJACENT TO SIL VER STAR ROAD AND WEST OF AND ADJACENT TO
BLUFORD AVENUE, PURSUANT TO THE APPLICATION 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 CP A-2008-0S in order to amend
the Future Land Use designation of its property.
c. Amendment Number CPA-2008-0S constitutes a Small Scale Comprehensive Plan
Amendment within the meaning of Section 163.3 I 87(c), Florida Statutes.
d. On September 8, 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-2008-0S.
e. On December _, 2009, the City Commission held an advertised public hearing and
passed this Ordinance regarding Amendment Number CPA-2008-0S.
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_1455356.1
SECTION 2. The City Commission has the authority to pass and 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 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
0.911 acres located within the corporate limits of the City of Ocoee, Florida, (the "Property") is
hereby changed from "Low Density Residential" 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 patt
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-2008-0S consistent
with the provisions of this Ordinance.
SECTION 5. At such time as this Ordinance becomes effective, all ordinances or parts of
ordinances in conflict herewith are repealed.
SECTION 6. I f 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
163.3187(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
Department 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 detennining that the adopted Amendment Number CPA-2008-0S 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_1455356.1
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 & LARDNER LLP
By:
City Attorney
ORLA_1455356.1
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED
READ FIRST TIME
READ SECOND TIME AND PASSED ON
,2009
Under Agenda Item No.
3
,
ORDINANCE NO.
(Rezoning Ordinance for Shoppes at the Village)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
OCOEE "R-I-AA" ZONING, SINGLE FAMILY DWELLING
DISTRICT TO OCOEE "C-2" ZONING, COMMUNITY
COMMERCIAL DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMA TEL Y 0.911
ACRES LOCATED NORTH OF AND ADJACENT TO
SILVER STAR ROAD AND WEST OF AND ADJACENT TO
BLUFORD AVENUE, 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 rezone 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 Shoppes at the Village 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
ORLA_1455357.1
,
set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee
Comprehensive Plan");
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 Shoppes at the
Village 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.
Rezonin~. The zoning classification, as defined in the Ocoee
City Code, of the following described parcel of land containing approximately 0.911 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee
"R-1-AA" Zoning, Family Dwelling District to "C-2" Zoning Community Commercial District
ORLA_1455357.1
-2-
,
with such change becoming effective upon the effective date of this Ordinance as provided in
Section 9 below:
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 5.
Official Zoning 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
Shoppes at the Village Comprehensive Plan Amendment Ordinance becoming effective.
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.
ORLA_1455357.1
-3-
f
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 "Low Density Residential" to
"Commercial" (the "Shoppes at the Village Comprehensive Plan Amendment Ordinance").
However, pursuant to Sections 7 and 8 of the Shoppes at the Village Comprehensive Plan
Amendment Ordinance, such ordinance has a deferred adoption date and a deferred effective
date. The Shoppes at the Village 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 c~nsidered as adopted until such condition precedent is
satisfied. The adoption date and effective date of this Ordinance shall be the date on which the
Shoppes at the Village Comprehensive Plan Amendment Ordinance becomes effective. At such
time as the Shoppes at the Village Comprehensive Plan Amendment Ordinance becomes
effective, the City Clerk shall insert such date in this Ordinance as the adoption date of this
Ordinance.
ORLA_1455357.1
-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 & LARDNER LLP
By:
City Attorney
ORLA_1455357.1
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_1455357.1
-6-
(
EXHIBIT "B"
[Insert Map]
ORLA_1455357.1
-7-