HomeMy WebLinkAboutItem #12b Fountains West PUD Rezoning Ord./Land Use Plan
AGENDA ITEM STAFF REPORT
Meeting Date: December 5,2006
Item #
it- b
UY:_
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: Fountains West
PUDJRezonIMg Ordinance / Land Use Plan
Projecf# RZ-05-03-02
Commission District # 1 - Gary Hood
Issue:
Should the Honorable Mayor and City Commissioners approve the PUD Rezoning Ordinance and Land Use
Plan for Fountains West?
Backaround Summary:
An ordinance for a small-scale Comprehensive Plan Amendment for a portion of this property will be
considered by the Honorable Mayor and City Commissioners simultaneously with this PUD Rezoning
Ordinance.
Fountains West PUD property is located on the northeast corner 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
former citrus grove that is now cleared.
The Future Land Use designation is Commercial, Low Density Residential, Light Industrial and
Conservation/Floodplains. Existing land use to the north is a water treatment facility (the City of Winter
Garden treatment plant), zoned A-1; to the west across Ocoee-Apopka Road is the Vineyards and Westyn
Bay both of which are single-family residential subdivisions, zoned R1-AA; to the east is vacant treed land
zoned 1-1; and to the southwest across West Road is vacant land zoned C-2 in the City limits and to the
southeast is residential land zoned agricultural located on unincorporated Orange County.
-'" 0"
DISCUSSION:
The subject property consists of approximately 43 acres and is proposed to be subdivided into eight (8)
commercial lots of which one lot is designated as a shopping center (Lot 6-Publix) and another as a large
church facility (Lot 8-Living Waters Church). The permitted uses are indicated on a development matrix chart
on sheet C-10 of the Land Use Plan. Essentially, lots 1 and 2 were the most restricted due to the close
proximity with the residential subdivision across the street. The proposed PUD Land Use Plan proposes four
(4) outparcels along Ocoee-Apopka Road. The shopping center lot (Lot 6) will be setback on an internal
centralized location fronting on West Road. On-site water retention is proposed via a master stormwater
pond (Tract B) for lots 1-7. Additionally, there will be a water feature with an environmental enhancement for
the remnant wetland (Tract F) on the northeast corner of the newly created intersection of West Road and
Ocoee-Apopka Road. The Fountains West project is proposed to preserve natural wetlands, provide for
public trails, provide right-of-way dedication along Ocoee-Apopka Road, and enable realignment of West
Road via a tri-party (City of Ocoee, Orange County, & Fountains West developers) development agreement.
When the subdivision is completed, the intersection of West Road and Ocoee-Apopka Road will be realigned
and improved with a traffic signal plus corresponding turn lanes. The detached West Road section will
eventually be vacated and incorporated into adjoining parcels. This proposed roadway realignment and
intersection improvements were identified in the City of Ocoee Comprehensive Plan adopted October 1,
2002. More specifically, the improvements were illustrated as part of the Roadway Improvement Master Plan
for 2020 (Figure 11) in the Transportation Element of the Comprehensive Plan. The ultimate goal is to
provide a new intersection that is properly aligned with the existing Ocoee Crown Point Parkway in order to
facilitate traffic and reduce congestion to this area.
Furthermore, the developer/owner is dedicating 30 feet wide of right-of-way (Tract D) along Ocoee-Apopka
Road. This will result in a 120 feet wide right-of-way along the entire Ocoee-Apopka Road section adjacent
to the site for any future roadway improvements. As shown on the plans, Road "A" will be dedicated to the
City with corresponding roadway improvements and stormwater abatement. Roadway "A" will facilitate future
access to the eastern properties of the surrounding area. Left and right turn lanes will be provided at all site
access points based upon the results of the traffic impact analysis. Water and sewer will be provided by
Orange County. Reuse water will be eventually supplied by the City of Ocoee.
The Developer is requesting two (2) Waivers from the Land Development Code:
1. The applicant is requesting a waiver from Art. VI, Sec. 6-14, C, (1), (b), ii, which requires that smaller
commercial structures and outparcels situated along primary and secondary roadways will not
dominate the street frontage and shall be restricted to no more than 50% of the linear roadway frontage
within a planned commercial development or subdivision. The justification listed in the waiver table on
the cover sheet indicates that the developer is dedicating right-of-way along Ocoee-Apopka Road and
right-of-way along West Road as an offsetting public benefit. Staff supports the Waiver request as
presented.
2. The applicant is requesting a waiver from Art. VI, Sec. 6-14, C, (1), (a), v, which requires the minimum
building setback to be 50 feet along public primary roadways. The applicant is proposing a 25 feet
building setback along Ocoee-Apopka Road. The justification listed in the waiver table on the cover
sheet indicates that the developer is dedicating right-of-way along Ocoee-Apopka Road and right-of-
way along West Road as an offsetting public benefit. Staff supports the Waiver request as presented.
Tract 1 is essentially a remnant of an original parent parcel of land for this project. Tract 1 will remain with its
original 1-1 zoning but will be subject to the Conditions of Approval outlined on the Land Use Plan and
Development Agreement.
A Development Agreement will eventually accompany the PUD Land Use Plan for approval and execution by
the City Commission. The agreement will allow for road impact fee credits to be issued to the applicant (not
to exceed the amount of $250,000.00) for the Road "A" improvements. The Conditions of Approval specified
in the Land Use Plan form the basis of the proposed Development Agreement.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed the Fountains West PUD/Land Use Plan on October
26, 2006. There were minor technical issues to be addressed from the City Attorney and Planning Division
that were identified in written staff comments and presented verbally. All of the issues were discussed and
all changes to the Plan were agreed upon. The applicant raised the issue about a Fast Food restaurant
locating on Lot 2. Staff advised the applicant that staff will not support any Fast Food restaurants on lots
fronting Ocoee-Apopka Road (specifically lots 1 and 2) due to the close proximity of residential units across
the street and since Drive-in restaurants are prohibited within 200 feet of any residence per existing LDC
requirements.
After discussion was completed, the DRC voted unanimously to recommend approval of the Fountains West
PUD Land Use Plan, subject to the changes discussed being made to the plans ahead of the Planning &
Zoning Commission.
A revised Fountains West PUD Land Use Plan (date stamped November 6, 2006) incorporates the DRC's
requested changes; excepted for some minor remaining legal issues.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Fountains West PUD/Land Use Plan at a
Public Hearing on November 14, 2006. City Staff and the Applicant answered several questions regarding
location, proposed uses, future development, and the future West Road alignment. An abutting property
owner had several concerns about the proposed uses for the outparcels along Ocoee-Apopka Road. He did
not believe that it was a good location for a fast food restaurant with a drive-thru due to noise, odors and
traffic. The Drive-in restaurants prohibition from 200 feet from any residence came into question for Lot 3.
Staff agreed to look into the actual distance between the Westyn Bay Townhomes and Lot 3. The abutting
property owner also mentioned that the rear service area of the shopping center should be properly screened
from view and noise. He also expressed his belief that the West Road realignment should be constructed in
its final form and not with a temporary realignment. It was mentioned to the resident that that these two
alignment scenarios were promulgated in the tri-party agreement with Orange County. Essentially, this gave
the applicant the flexibility to proceed with his development if the County was not able to construct in a timely
manner. Nevertheless, Staff agreed to discuss with the County the possibilities of constructing the final
improvements for that section of West Road including the realigned intersection.
Finally, the McDonald restaurant franchise expressed interest in locating on Lot 2. They gave a presentation
on a new prototype McDonald restaurant with a drive-thru window. 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 were mentioned to the McDonald representatives as potential locations that were away
from the residential units.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
rezoning the property from C-2 "Community Commercial", R-1A "Single-Family Dwelling", and 1-1 "Restricted
Manufacturing & Warehousing" to PUD based on the Land Use Plan, as date stamped received by the City
on November 6, 2006, subject to resolving the last remaining issues addressed in the City Attorney's review
memorandum and approval of the small-scale Comprehensive Plan Amendment.
After subsequent review, Lot 3 does not meet the 200 feet setback requirement for a Drive-In restaurant;
therefore, staff will amend the formal recommendation to limit Lot 3 from the use of Drive-In restaurant.
Staff Recommendation:
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-1A "Single-
Family Dwelling", and 1-1 "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.
Attachments:
Location Map;
Existing Zoning Map;
Proposed Zoning Map;
PUD Land Use Plan date-stamped November 21, 2006.
Ord, f\Qlt\ce..
Tvpe of Item: (please mark with an "x')
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
Financial Impact:
None.
For Clerk's DeDt 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\2006\SR06060 _AF JountainsWestPU D _LandUsePlan_ CC.doc
N/A
X N/A
N/A
Fountains West PUD
Location Map
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Ocoee Community Development
Department
1 inch equals 800 feet
270135 0 270 540 810 Feet
Printed: November 2006
C Subject Property
I"'I"'1"'I'I Unincorporated Territory
~ and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
c::! Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
W.l Commercial (PUD)
m Low Density (PUD)
_ Medium Density (PUD)
am High Density (PUD)
_ Public Use (PUD)
/' // Unclassified
Lakes and Water Bodies
Fountains West PUD Rezoning
Existing Zoning Map
Q
center of Good l.i
~
,O-l:~~8 a
Ocoee Community Development
Department
1 inch equals 800 feet
270135 0 270 540 810 Feet
Printed: November 2006
C Subject Property
IEB3I Unincorporated Territory
and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
L=-t Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
1M Commercial (PUD)
~ Low Density (PUD)
_ Medium Density (PUD)
m High Density (PUD)
_ Public Use (PUD)
/' //. Unclassified
Lakes and Water Bodies
Fountains West PUD Rezoning
Proposed Zoning Map
8imB
1-1
R-1A
ORDINANCE NO.
(PUD Zoning Ordinance for Fountains West PUD)
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 THE 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.
WHEREAS, the owners (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 the Zoning requested by the Owner is consistent with the
1991 City ofOcoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September
18, 1991, as amended (the "Ocoee Comprehensive Plan");
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which has been amended from time to time (the "JP A
Agreement");
ORLA_369176.1
WHEREAS, the lP A Agreement affects the future land use of the real property
hereinafter described;
WHEREAS, pursuant to the provisions of Section 6(B) of the lP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to
immediately exercise municipal jurisdiction over said real property for the purposes of Part II of
Chapter 163, Florida Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning
and Zoning Commission of the City ofOcoee (the "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 the lP A Agreement and
determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the lP A
Agreement 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 and the lP A Agreement;
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.
2
ORLA_369176.1
SECTION 2. Zonine:. The zoning classification, as defined in the Ocoee City Code, of
the following described parcel of land containing approximately 43.03 acres located within the
corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee "PUD," Planned
Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part
hereof (the "Property").
SECTION 3. MaD. 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. 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 Fountain West PUD prepared by
Vanasse Hangen Bristlin, Inc., date stamped received by the City
on 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 Zonine: MaD. The City Clerk is hereby 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 hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-l(G) of Article V of Chapter
180 of the Ocoee City Code.
3
ORLA_369176.1
SECTION 6. Ocoee Comprehensive Plan and JP A Consistency. The Ocoee City
Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan
and the JP A Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances III
conflict or inconsistent herewith are hereby repealed and rescinded.
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. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2006.
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this
day of , 2006.
ADVERTISED ,2006
READ FIRST TIME ,2006
READ SECOND TIME AND ADOPTED
, 2006
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
4
ORLA_369176.1
EXHIBIT" A"
(The "Property")
A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East,
Orange County, Florida. Said parcel being more particularly described as follows:
Commence at the Southeast comer of the Northeast 1/4 of said Section 6; thence run South 860
38' 31" West, 1275.49 feet along the South line of said Northeast 1/4; thence leaving said South
line, run North 050 13' 58" West, 70.04 feet to the Point of Beginning, being a point on the
existing Northerly right of way line of West Road; thence the following courses and distance
along said Northerly right of way line, South 860 38' 31" West, 1051.87 feet to the point of
curvature of a curve to the left, having a radius of 1195.91 feet and a central angle of 60 24 26";
thence along the arc of said curve a distance of 133.74 feet to the point oftangency; thence South
800 14' 05' West, 291.50 feet; thence South 860 38' 31" West, 167.80 feet to a point on the
Easterly right of way line of Ocoee-Apopka Road; thence leaving said Northerly right of way
line, run the following courses and distances along said Easterly right of way line, North 270 16'
36" West, 52.03 feet; thence North 280 17' 59" East, 680.04 feet; thence North 610 42' 01"
West, 30.00 feet; thence North 280 17' 59" East, 691.98 feet; thence leaving said Easterly right
of way line, run North 870 56' 46" East, 1371.68 feet; thence South 000 33' 00" East, 795.83
feet; thence South 890 56' 24" West, 348.00 feet; thence South 880 46' 15" West, 28.23 feet;
thence South 050 13' 58" East, 386.36 feet to the Point of Beginning.
Said parcel contains 43.03 acres, more or less.
A-I
ORLA_369176.1
EXHIBIT "B"
Fountains West PUD
Location Map
e
B-1
ORLA_369176.1