Item VI (B) 1. Second Reading of Ordinance No 98-23, Westridge Small Scale Comprehensive Plan Amendment, Case No CPA-97-003, Gordon S Nutt Agenda 10-06-98
/ Ocoe \
CITY OF OCOEE�' y '' SCOTT ANDERSON
E. a 150 N.LAKESHORE DRIVE SCOTT A.GLASS
Z.7, 4.4.ii .o
I OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
c v (407)656-2322
� '''' %� CITY MANAGER
j44 OP G00�``� ELLIS SHAPIRO
STAFF REPORT
DATE: September 10, 1998
TO: The Honorable Mayor and City Commissioners
THROUGH: Russ Wagner, AICP, Director of Planning 0/
FROM: Abra Home, AICP, Senior Planner _49,e14--
SUBJECT:
,SUBJECT: Westridge - Small Scale Comprehensive Plan Amendment (Case#SSCPA-97-003)
ORD. NO.: Ordinance 98-23
ISSUE:
Should the Honorable Mayor and City Commissioners adopt Ordinance # 98-23 to change the
Future Land Use Designation of the above referenced ±9.0 acres parcel from Low Density
Residential (< 4 dua) to Commercial?
BACKGROUND:
This property is undeveloped and situated on the southeast corner of Maguire and Moore
Roads. The adopted Westridge Planned Unit Development (PUD) Land Use Plan covers the
entire 76 acre parent tract and is approved for 245 units of low density single family
development. However, the requested Future Land Use Map Amendment will only change the
Future Land Use designation of the ±9.0 acres located on the corner. In accordance with State
Law, any Future Land Use Map Amendment involving less than ten acres is considered to be a
Small Scale Comprehensive Plan Amendment.
Under the approved Westridge PUD zoning, the only approved uses are single family homes
and any ancillary uses (parks, conservation areas, etc.). The property owner has concurrently
requested an amendment to the approved Westridge PUD Plan to allocate ±9.0 acres on the
corner for commercial uses. If the requested change to the Future Land Use Map is approved,
it would allow a subsequent amendment to the adopted Westridge PUD Plan that would,
ultimately, allow for the development of commercial uses on nine of the 76 acres. The
remaining 67 acres would be approved for 214 units of low density single family development
and any ancillary uses (parks, conservation areas, etc.).
, Staff Report to the Honorable Mayor and City Commission
September 10, 1998
Page 2
The subject property was annexed and zoned PUD in 1990. Accordingly, the future land use
designation assigned during the adoption of the 1991 Comprehensive Plan was Low Density
Residential (< 4 dua) to be consistent with its zoning. It should also be noted, as an aside, that
the majority of the subject property is suitable for development with the exception of a
conservation area located on the southwest corner of the parent tract (note the dark green area
shown on the attached map). For an unknown reason, the adopted Future Land Use Map
depicts a lake on the property that does not exist (note the small light blue area in the center of
the attached map). Staff has field checked the property and examined numerous aerial
photographs and determined that there is not a lake there. Accordingly, Staff has determined
this lake to be a scrivener's error that we will administratively correct when we update the
Future Land Use Map/ Future Land Use Element next year.
It should also be noted that the property owner also owns Belmere, a ±400 acre undeveloped
property located on the southwest corner of this intersection. Belmere is located outside of the
City Limits but was considered for annexation several years ago by the City of Ocoee. Prior to
final approval by the City Commission, the owner withdrew his request for annexation. Last
year, Orange County approved the Belmere PUD allowing 1,076 single family units, 130 adult
congregate living units, 180 multifamily units, and five acres of commercial on the corner.
When the City stated its concerns regarding the suitability of additional multifamily units in the
area, the owner agreed to eliminate the multifamily units in Belmere if the City of Ocoee would
approve a commercial node on the Westridge parcel. Orange County Planning Staff supports
this resolution of the dispute. Accordingly, the City is considering this Small Scale
Comprehensive Plan Amendment and a concurrent PUD Land Use Plan Amendment for the
Westridge parcel.
DISCUSSION:
The existing development pattern along the South Maguire Road corridor is primarily single
family residential. For example, there are now approximately 1,200 single family homes in the
Cross Creek, Wesmere, and Windermere Groves subdivisions. However, this intersection is
rapidly becoming a key intersection along the Maguire Road corridor. Specifically, development
approval is underway for another 2,000 homes in this corridor between the following
subdivisions: Belmere, Westridge, Brookstone, and Windermere Chase. In addition, there are
130 acres of undeveloped Low Density Residential (< 4 dua) properties in the City Limits that
could ultimately add another 500 homes. The development of commercial and office uses in
this corridor is further evidence of the growing importance of this key intersection. For example,
the Plantation Grove Shopping Center (on the northeast corner of Maguire and Moore Roads)
will ultimately include approximately 180,000 square feet of service, retail, and office uses.
There are also 32 acres of office uses projected for the northwest corner of the Maguire/ Moore
Road intersection. Additionally, multifamily development is eminent within the same area further
justifying increased neighborhood commercial uses to serve the expanding population base. As
an example, the City recently gave preliminary approval for the Esplanade Apartments
(447 units). There is another vacant 60 acre parcel on Maguire Road that is zoned for
multifamily which could theoretically add another 960 units. Together, these projects could
result in approximately 5,000 residences being located South of the Turnpike, North of Gotha
Road, between Windermere Road and Seventh Avenue.
Staff Report to the Honorable Mayor and City Commission
September 10, 1998
Page 3
This Small Scale Comprehensive Plan Amendment is being considered concurrent with a
proposed amendment to the Westridge PUD Land Use Plan. The recommendations set forth
herein are premised upon the adoption of the amended PUD Land Use Plan and, accordingly, it
is recommended that this Ordinance be adopted subject to the concurrent adoption of
Ordinance No. 98-24.
The Ordinance will not become effective upon adoption. Prior to the Ordinance becoming
effective, two events must occur. First, the Orange County Development Agreement for the
Belmere PUD must be amended to prohibit all multi-family uses, except for adult congregate
living facilities. Second, the applicable appeal period of 31 days must expire, or if an appeal is
filed, a final order of compliance must be issued by the Department of Community Affairs or the
Administration Commission.
Based upon the foregoing analysis, Staff has determined that the request is consistent with the
City of Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development
Code; and (4) land uses to the north and west. Specifically, the requested change is consistent
with the following goals, objectives, and policies of the Future Land Use Element of the
Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.2; (d) Policy 1.3; (e) Policy 1.6;
Policy 1.10; (f) Objective 2; (g) Policy 2.3; (h) Policy 2.4; (i) Policy 2.8; (j) Policy 2.9;
(k) Objective 6; (I) Policy 6.1; (m) Policy 6.2; and (n) Policy 6.8. Although this property was
annexed before February 11, 1994 and is not affected by the JPA Agreement, Staff has notified
Orange County of the requested change and evaluated the City's ability to provide urban
services to the subject property. The subject property is located outside of Ocoee's utility
service area. Accordingly, the developer will need to coordinate with the Orange County
Utilities Division prior to final development approval to ensure that the Orange County Utilities
Division is prepared to provide utility services to the subject property.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On September 8, 1998, the Planning and Zoning Commission held a de novo public hearing
regarding the Westridge Small Scale Comprehensive Plan Amendment. After a brief
discussion, the Planning and Zoning Commission voted 4-1 to recommend approval of the
requested Future Land Use Map Amendment, as recommended by Staff.
STAFF RECOMMENDATION:
Upon finding the Westridge Small Scale Comprehensive Plan Amendment application to be
consistent with Ocoee's Comprehensive Plan, Future Land Use Map, Land Development Code,
and surrounding land uses, it is recommended that the City Commission ADOPT Ordinance
#98-23 to change the future land use designation of the property to Commercial subject to the
concurrent adoption of Ordinance No. 98-24 revising the Westridge PUD Land Use Plan.
Attachments: Ordinance No.98-23(w/Legal Description and Future Land Use Map Revision)
General Location Map
File:H:1ALL_DATAICAPDFILEISTAFF REPORTSIP&Z SRISR98041.DOC
ORDINANCE NO. 98-23
CASE NO. SSCPA-97-003: GORDON S. NUTT
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 FIGURE 2
OF APPENDIX A TO CHANGE THE FUTURE LAND USE
DESIGNATION FROM LOW DENSITY RESIDENTIAL (< 4 DUA)
TO COMMERCIAL ON CERTAIN REAL PROPERTY
CONTAINING 9.0 ACRES (MORE OR LESS) LOCATED AT THE
INTERSECTION OF MAGUIRE ROAD AND MOORE ROAD
PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNERS; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP;
PROVIDING FOR CONDITIONS PRECEDENT; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. In 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.
b. The Property Owner initiated Amendment No. SSCPA-97-003 in
order to amend the future land use designation of its property.
c. Amendment No. SSCPA-97-003 constitutes a small scale
comprehensive plan amendment within the meaning of Section
163.3187(c), Florida Statutes.
d. On September 8, 1998, the City of Ocoee Local Planning Agency
held an advertised public hearing and recommended adoption of
Amendment No. SSCPA-97-003.
e. On October 6, 1998, the City Commission held an advertised
public hearing and adopted Amendment No. SSCPA-97-003.
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 of Ocoee ("Ocoee Land Development Code").
SECTION 2. 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 3. The Future Land Use Designation as set forth on Figure 2 of
Appendix A of the Ocoee Comprehensive Plan of the following described parcel
of land containing approximately 9.0 acres located within the corporate limits of
the City of Ocoee, Florida, (the "Property") is hereby changed from "Low Density
Residential (< 4 dwelling units per acre)"to "Commercial":
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. 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 on
Figure 2 of Appendix A of the Ocoee Comprehensive Plan to incorporate
Amendment No. SSCPA-97-003 consistent with the provisions of this Ordinance.
SECTION 5. This Ordinance shall not become effective unless and until:
a. the City Clerk receives from Orange County a certified copy of a
fully executed amendment to the Belmere Development
Agreement (as defined below) which modifies the Conditions of
Approval of the Belmere Land Use Plan to:
(i) prohibit multifamily residential uses anywhere within the
property covered by the Belmere Development Agreement,
provided, however, that adult congregate living facilities
shall not be considered a multifamily residential use for
purposes of this prohibition; and
(ii) provide that any subsequent amendment to the Belmere
Development Agreement would not be effective unless
approved by Orange County at an advertised public
hearing of which the City Manager and City Planning
Director have received at least thirty (30) days prior written
notice by hand delivery or certified mail, return receipt
requested; and
b. the City Manager confirms that the above referenced amendment
satisfies the conditions set forth in this section.
If the foregoing conditions are not fully satisfied within one hundred twenty
(120) days from the date of adoption of this Ordinance, then this Ordinance shall
automatically be void and of no further force and effect. For purposes of this
section, "Belmere Development Agreement" means that certain Development
Agreement dated May 15, 1996 by and between Orange County, Wingfield
Reserve Corp., and GSN Development Company, as amended by that certain
First Amendment to Development Agreement dated December 10, 1997.
SECTION 6. Subject to the satisfaction of the conditions precedent set
forth in Section 5 above, this Ordinance shall become effective on:
a. the 31st day after passage and adoption if no affected person has
filed a petition with the Division of Administrative Hearings in
accordance with Section 163.3187(3), Florida Statutes; or
b. the date the Department of Community Affairs or Administration
Commission issues a final order determining that the adopted
Amendment No. SSCPA 97-003 is in compliance if such a petition
is timely filed.
PASSED AND ADOPTED this day of , 1998.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED September 24, 1998
READ FIRST TIME September 15, 1998
READ SECOND TIME AND
ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND LEGALITY
this day of , 1998.
FOLEY and LARDNER
By:
City Attorney
-A- m 9
City - anmgament
Westridge Property
located on the southeast corner of Maguire and Moore Roads
That part of the Southwest 1/4 of Section 32,Township 22 South,Range 28 East,
Orange County,Florida,described as follows:
Commcncc at the Northwest corner of the Southwest 1/4 of said Section 32 and
run N 89°55'55"E along the North line of said Southwest 1/4 for a distance of
40.00 feet;thence run S 00°21'38"E parallel with and 40.00 feet Easterly of the
West line of said Southwest 1/4 for a distance of 40.00 feet to the POINT OF
BEGINNING,said point being the intersection of the South Right-of-Way line of
Moore Road with the East Right-of-Way line of Maguire Road; thence continue
S 00°21'38"E along said East Right-of-Way line for a distance of 575.00 feet to a
point on a curve concave Northwesterly having a radius of 575.00 feet,a central
angle of 19°00'00" and a radial bearing at said point of curvature of
N 00°21'38"W;thence leaving said Right-of-Way line run Northeasterly along the
arc of said curve for a distance of 190.68 feet to the point of tangency;thence run
N 70°38'22"E for a distance of 190.00 feet to the point of curvature of a curve
concave Southwesterly having a radius of 510.00 feet and a central angle of
48°55'46";thence run Easterly along the arc of said curve for a distance of 435.53
feet to a point of non-tangency;thence run N 00°04'05"W for a distance of 518.02
feet to the South Right-of-Way line of Moore Road;.thence run S 8955'55"W
along said Right-of-Way line for a distance of 790.00 feet to the POINT OF
BEGINNING.
Containing 9.067 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
f/turof Cltulet'6MENT
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- Legal Description
Exhibit "B" to Ordinance #98-23
City of Ocoee Proposed Land Use Change
CPA-97-003 Small Scale Future Land Use Map Revision
Location: on the southeast corner of Maguire and Moore Roads
Size: ± 9.0 acres
Proposed Change: From: Low Density Residential (<4 dwelling units/acre)
To: Commercial
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Existing Proposed
Legend:
Future Land Use Map Designations:
Low Density Residential (< 4 dua) \\\\`' Light Industrial
..5., Medium Density Residential (4 - 8 dua) �\ Heavy Industrial
%/ Institutional
High Density Residential (8 - 16 dua)
\\\ Water Bodies/ Lakes
% Professional Service Conservation
, Commercial1111111,' City Parks
\
. General Location Map for SSCPA-97-003
City of Ocoee Planning Department
Westridge Property
located on the southeast corner of Maguire and Moore Roads
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Legend: Case Number: CPA-97-003
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Subject Ocoee City Orange Outside of
Property Limits County JPA North
i
TheOrlandoSentinel,Thursday,September 24,1998
: '-• • , •-.4--NOTKZ OF PUSUC HEARING
BY THE OCOEE COY COMMISSION
TOAM THE OCOEE COMPREHENSIVE PLAN
NOTICE IS HEREBY GIVEN, b Sections 183.3187(1)(c)end itie.otipt,
Florida Statutes.and Sections -8,1-10,and 5-9,Ocoee Land Development Code.
that the City at ocoee proposes to adopt the Mowing ordinance:
,. .
ORDINANCE NO.98-23
,.....,.... .., . . ,
• - ' CASE NO.SSCPA47-003:GORDON S.tarrr
AN ORDINANCE OF THE CITY OF OCOSE,FLORIDA AMENDING THE
• OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18,1891,
BY ORDINANCE NO.111-211,AS AMENDED AS FOLLOWS:AMENDING FIG-
URE 2 OF APPENDIX A TO CHANGE THE FUTURE LAND USE DONNA-
110N FROM LOW DENSITY RESIDENTIAL tc 4=0 COMMERCIAL ON
CERTAIN REAL PROPERTY CONTAINING 9.0 OR
LOCATED AT 711E INTERSECTION OF MAGUIRE.RSAASRAELND
ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER-PROVIDING FOR AND AUTI4ORMING THE REVISION OF THE OF-
FICIN.FUTURE LAND USE MAP;PROVIDING FOR coNornords PRECE-
DENT;PROVIDING FOR AN EFFECTIVE DATE
',.*'. '; '''''*;st::-..::-.;,-
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City of Ocoee Planning Department
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The proposed concert*a stag soap amendment to the Future land
ills. ii the Ocoee Comprehensive Nen which Salt things the Future Lend Use
Designation ojollnlew=t torn Low Dinar Flonldon5111tc 4 thwalll lob
The si*ijest property Is boiled n the southeast comer o/
ialicie*Rild and Moors Road.Delya 9.0 we hallow of the Inger parcel vall be
to the above requested tutursiend usemso ..1111,1httpreltir,411,11-.;',,
cation nuMber ofthajwger parcel Is. 4. pi
t ,..41,:;,....4,-,•• , .•,-,,,
The Oates CityCliimilados WO hold.,pulillq 0 _proposal on Tuitedm,..,
October 8,1998 at7:15.p.m.--ce is soon thereafter lis firsoncal;st the Ocoee M,
iCannassice Citerribers,350 North laiwdloreprIvejDoonk`flOrlde.The City Corn.:
'mission may tordnuilhe public hearing b'amerilidevend ihnsa as ot
I. ..Amfiribinietid Partied*be adyisedjheI. dim limes,Ind
g Any , of thisbr continued public heerigs bo_emounced the
healng end that no
tither
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