HomeMy WebLinkAboutItem #07a Fountains West - Small Scale Comp. Plan Amend. Ordinance
AGENDA ITEM STAFF REPORT
Meeting Date: December 19, 2006
Item # --!l c1.
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: Fountains West
Small-Scale Comprehensive Plan Amendment Ordinance
Project # CPA-03-01-05
Commission District # 1 - Gary Hood
Issue:
Should the Honorable Mayor and City Commissioners approve a Small-Scale Comprehensive Plan
Amendment Ordinance ("Low Density Residential" to "Commercial") for the Fountains West property?
Backaround Summary:
An ordinance to rezone the property to PUD based upon the approved Land Use Plan will be considered by
the Honorable Mayor and City Commissioners simultaneously with this small-scale Comprehensive Plan
Amendment Ordinance.
The Comprehensive Plan Amendment parcel lies on the east side of Ocoee-Apopka Road approximately 500
feet north of the intersection with West Road. The subject property is approximately 9.9 acres in size and lies
directly north of an already designated "Commercial" parcel of land owned by the petitioner. 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 currently cleared.
The existing Future Land Use designation is Low Density Residential. 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 R 1-
AA; to the east is vacant treed land zoned 1-1; and to the south is the rest of the Fountains West property,
zoned C-2.
DISCUSSION:
As stated above, the (small-scale) Comprehensive Plan Amendment consists of classifying approximately
9.9 acres of the subject property from "Low Density Residential" to "Commercial." Essentially, the subject
parcel is proposed as an extension of an existing "Commercial" property that presently lies south of the
subject Comprehensive Plan Amendment parcel. The Applicant proposes to incorporate this land into the
Fountains West PUD commercial subdivision (+/- 43 acres). The Fountains West project itself is situated on
northeast corner of the intersection of West Road and Ocoee-Apopka Road. Both roadways are designated
as arterial roadways.
In general, the surrounding area is a transitioning and a rapidly developing section of the City. Local external
influences that are spurring rapid development growth in this area are large-scale residential projects such as
Westyn Bay, the Vineyards, Eagles Landing, ForestBrook and institutional facilities such as the recently
opened Ocoee High School. These external influences tend to support a large-scale community commercial
development (Shopping Center) use at this intersection.
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. 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 in this area.
The Fountains West PUD is presented as an integrated project consistent with policies contained within the
Comprehensive Plan. The existing Land Use would have constrained the development to a strip commercial
pattern which the Comprehensive Plan strongly discourages. Therefore, the Comprehensive Plan
Amendment will make a logical extension of commercial land use and is consistent with adopted
Comprehensive Plan goals which encourage the creation of multi-use Shopping Centers at the intersection
of arterial roadways. .
PLANNING & ZONING COMMISSION (LPA) RECOMMENDATION:
The Planning and Zoning Commission, acting as the Local Planning Agency, reviewed the proposed (small-
scale) Comprehensive Plan Amendment 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 also expressed his concern about the West Road realignment
being constructed per final Orange County improvement plans versus a temporary road. The Planning &
Zoning Commission stated that these concerns would be addressed with the Fountains West PUD Land Use
Plan. The resident had no objections to the Future Land Use change as presented.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the (small-scale) Comprehensive Plan Amendment, subject to the approval of the Fountains
West PUD Land Use Plan.
Staff Recommendation:
Based on the recommendation of the Local Planning Agency, Staff recommends that the Mayor and City
Commissioners approve the small-scale Comprehensive Plan Amendment Ordinance for Fountains West
changing 9.9 acres of "Low Density Residential" Land Use to "Commercial" Land Use, subject to the
approval of the Fountains West PUD Land Use Plan.
Attachments:
Ordinance;
Location Map;
Future Land Use Map;
Proposed Future Land Use Map.
Financial Impact:
None.
Type of Item: (please mark with an "x'J
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deat 'Use:
Consent Agenda
X Public Hearing
X 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 ( )
N/A
X N/A
N/A
O:\Staff Reports\2006\sr06066_AF _2ndReading_FountainsWest_ CompPlanAmend .doc
ORDINANCE NO.
CASE NO. CP A-03-01-05: FOUNTAINS WEST
COMPREHENSIVE PLAN AMENDMENT
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; PROVIDING FOR
AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE OCOEE
COMPREHENSIVE PLAN TO CHANGE THE USE OF LAND FOR AN
APPROXIMATELY 9.95 ACRE TRACT OF LAND LOCATED EAST OF
AND ADJACENT TO OCOEE-APOPKA ROAD AND APPROXIMATELY
500 FEET NORTH OF THE INTERSECTION OF OCOEE-APOPKA
ROAD AND WEST ROAD FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY FUTURE LAND USE MAP;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On September 18, 1991, the City Commission adopted the City of
Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance #
91-28, which has been amended from time to time (the "Ocoee Comprehensive Plan"); and
WHEREAS, the owner of certain real property (the "Owner") has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to initiate Amendment Number CP A-03-0 1-05 in order to amend the Future Land
Use designation of certain real property containing approximately 9.95 acres as more particularly
described in Exhibit "A" attached hereto and by this reference made a part hereof (the
"Property"); and
WHEREAS, Amendment Number CPA-03-01-05 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
ORLA_ 427854.1
WHEREAS, on November 14,2006 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-03-01-05; and
WHEREAS, on , 2006 the City Commission held an advertised
public hearing and adopted Amendment Number CP A-03-01-05; and
WHEREAS, 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 of Ocoee (the "Ocoee Land Development
Code").
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. The City Commission has the authority to 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 2. Comprehensive Plan Amendment. The Future Land Use designation as
set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is
hereby changed from "Low Density Residential" to "Commercial." A map of said land herein
described is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 3. Future Land Use Map. The City Planning Director is hereby 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-03-01-05 consistent with
the provisions of this Ordinance.
2
ORLA_ 427854.1
SECTION 4. Conflictin2 Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Effective Date. This Ordinance shall take effect upon passage and
adoption.
PASSED AND ADOPTED this _ day of
,2006.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
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
3
ORLA_ 427854.1
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 intersection of the Easterly right of way line of Ocoee-Apopka Road and the
existing Northerly right of way line of West Road as shown on the Orlando-Orange County
Expressway Authority Right of Way Map, Project No. 75320-6460-602-603; thence run
North 280 17' 59" East, along said Easterly right of way line 496.80 feet to the Point of
Beginning; thence continue along said Easterly right of way line, North 280 17' 59" East, 880.51
feet; thence leaving said Easterly right of way line, run North 880 07' 46" East, 126.45 feet;
thence South 310 38' 39" East, 24.53 feet; thence South 530 48' 27" East, 30.55 feet; thence
South 400 06' 32" East, 27.85 feet; thence South 080 39' 55" West, 28.04 feet; thence South 060
36' 26" West, 10.39 feet; thence South 120 55' 43" East, 8.38 feet; thence South 290 02' 08"
East, 9.48 feet; thence South 420 36' 06" East, 13.12 feet; thence South 60023' 06" East, 59.73
feet; thence South 670 52' 31" East, 28.19 feet to a point on a non-tangent curve concave
Northeasterly, having a radius of 746.90 feet, a central angle of20 31' 08" and a chord of32.83
feet that bears South 500 52' 19" East; thence along the arc of said curve a distance of 32.84 feet;
thence leaving said curve, run South 180 33' 58" East, 40.89 feet to a point on a non-tangent
curve concave Southeasterly, having a radius of 7032.68 feet, a central angle of 00 07' 36" and a
chord of 15.54 feet that bears South 430 39' 32" West; thence along the arc of said curve a
distance of 15.54 feet to a point on a non-tangent curve concave Southeasterly, having a radius
of 36.00 feet, a central angle of 590 01' 49" and a chord of 35.47 feet that bears South 140 00'
35" West: thence along the arc of said curve a distance of 37.09 feet to the point of tangency;
thence South 15030' 20" East, 16.90 feet; thence South 03003' 50" East, 28.06 feet to a point on
a non-tangent curve concave Northeasterly, having a radius of 881.36 feet, a central angle of 30
05' 42" and a chord of47.60 feet that bears South 08013' 35" East; thence along the arc of said
curve a distance of 47.61 feet; thence leaving said curve, run South 320 19' 42" East, 71.67 feet;
thence South 460 50' 23" East, 57.23 feet; thence South 070 37' 18" East, 315.28 feet; thence
South 810 39' 41" West, 336.05 feet; thence North 870 42' 04" West, 448.45 feet; thence North
67053' 24" West, 65.38 feet to the Point of Beginning.
Said parcel contains 9.95 acres, more or less.
4
ORLA_ 427854.1
EXHIBIT "B"
Fountains West Comprehensive Plan Amendment
Location Map
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Fountains West Comprehensive Plan Amendment
Location Map
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Fountains West Comprehensive Plan Amendment
Future Land Use Map
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c.enter of Good LJ
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Ocoee Community Development
Department
1 inch equals 800 feet
260130 0 260 520 780 Feet
Printed: November 2006
C Subject Property
EEEB Unincorporated Territory
and Other Municipalties
=:::J Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilitiesllnstitutional
Lakes and Water Bodies
REC
Fountains West Comprehensive Plan Amendment
Proposed Future Land Use Map
6)
Ocoee Community Development
Department
1 inch equals 800 feet
260130 0 260 520 780 Feet
Printed: November 2006
C Subject Property
I:I:m Unincorporated Territory
UJ.J.I and Other Municipalties
_ Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilities/Institutional
Lakes and Water Bodies