VI (B) Public Reading - Second Reading of Ordinance No. 98-12, State Road 50 Activity Center Special Development Agenda 7-21-98
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" itsakcyt COMMISSIONER
S.SCOTT VANDERGRIFT
O` Ocoeedgrfr COMMISSIONERS
CITY OF OCOEE DANNY HOWELL
t {• 150 N.LAKESHORE DRIVE SCOTT ANDERSON
SCOTTAv ^nnnlarrrrrrt♦■ C./ OCOEE,FLORIDA 34761-2258 NANCY J. GLASS J.PARKER
(407)656-2322
yJ •�•�'/�Q� CITY MANAGER
OP G00V ELLIS SHAPIRO
STAFF REPORT
DATE: July 16, 1998
TO: The Honorable Mayor and City Commission
FROM: Russ Wagner, AICP, Director of Planning
SUBJECT: Ordinance No. 98-12: Ocoee State Road 50 Activity Center
Special Development Plan for Special Overlay Areas
ISSUE:
Should the City adopt Ordinance 98-12 (attached) enacting the Ocoee State Road 50 Activity
Center Special Development Plan and create Special Overlay Areas for the Good Homes, West
Oaks, Lake Bennet and Minorville Activity Centers?
BACKGROUND:
The Ocoee Comprehensive Plan and Land Development Code identify the location of various
Activity Centers throughout the City. These locations were chosen to encourage the
development of higher intensity mixed use projects that would serve as nodes for the creation
of employment and the integration of residential, recreational, civic and commercial uses within
a coordinated development environment.
Approximately a year ago, the City Commission amended the Comprehensive Plan and Land
Development Code to more fully prescribe procedures for the creation of Special Overlay
Areas incorporating Special Development Plans that would guide the growth of properties
located within Activity Centers. Shortly after these more specific procedures were adopted,
Health Central Hospital approached the City and offered to help fund a study to implement the
Activity Center concept along the State Road 50 Corridor from Good Homes Road to Maguire
Road. At the direction of the City Commission, the Planning Department began working with
the Hospital staff and their consultant, Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc.,
to develop a concept plan and special regulations to guide growth along S.R. 50. The attached
document is the culmination of our combined efforts to produce a Plan that encourages high
quality development along the burgeoning S.R. 50 corridor.
The City has been fortunate to have two major developments occur along S.R. 50 which set the
standard for high quality growth in the community. These two developments are, of course,
Health Central. Hospital and West Oaks Mall. Both of these projects were designed with
features that exceeded the requirements of the Ocoee Land Development Code. Even though
the City negotiated for the inclusion of various detailed features within these two projects, each
owner began their design program at a level that exemplified first rate development standards,
and it took little effort for the City to approve these projects since normal site improvement
standards were exceeded.
July 16, 1998
The Honorable Mayor and City Commission
Page 2
The adoption of the attached Special Development Plan will raise the standard for all future
development occurring along the S.R. 50 Corridor. The adoption of these special regulations
affecting building placement, parking, landscaping, pedestrian facilities, utilities, stormwater
management, signage and public improvements is timely, since a significant amount of
undeveloped land is yet to be planned for development. In a perfect world, it could be hoped
that all projects developing along the S.R. 50 Corridor would use the Hospital and Mall as
models for design, but reality is that, without the adoption of special regulations to create a
benchmark, there would always be developers who build typical cookie-cutter projects that
diminish the value of surrounding properties.
It should be noted that the adoption of this Plan would in no way change the underlying zoning
of the properties lying within each Activity Center or affect any vested development rights. The
special regulations simply establish moderately higher standards for development while offering
some significant flexibility to property owners who wish to propose innovative development
projects. Rather than attempt to prescribe specific development incentives to encourage
innovative projects within the Activity Centers, general provisions are incorporated within the
Plan to permit the City Commission to waive virtually any development standard when it can be
shown that there is a corresponding off-setting benefit included within the development
program. Accordingly, developers have the opportunity to utilize their property in innovative
and imaginative ways while still maintaining the special regulations as the benchmark for the
overall development program. Similarly, the Plan prescribes certain public improvement
standards with which the City itself will need to adhere to ensure an integrated, high quality
development pattern along the Corridor.
DISCUSSION:
On June 18, 1998 (Joint Workshop) and July 7, 1998 (First Reading), Commissioners, citizens,
developers, and property owners were each given an opportunity to make comments, ask
questions, and suggest revisions to the Special Development Plan. Rather than revise the
Special Development Plan twice, Staff has identified revisions to the Special Development Plan
proposed by Staff to address comments made during these meetings. The revisions are
organized by page number below.
Page 6, 13, Several property owners asked to be added to the State Road 50 Activity
and cover Center Boundaries.
At the Joint Workshop, the City Commission directed Staff to expand the
State Road 50 Activity Center Special Development Plan boundaries to the
west over to Marshall Farms Road and the entrance ramp to the Florida
Turnpike. Accordingly, the Activity Center boundary map (p.6), the Concept
Plan (p. 13), and aerial photograph (on cover) will be revised.
July 16, 1998
The Honorable Mayor and City Commission
Page 3
Pages 12, 15, Several property owners were concerned about the administrative discretion
26, 34, & 38 given to the Director of Planning on design issues and asked for a quick
appeal process.
Staff recommends that the following phrase be added to the listed pages:
"whose administrative interpretations may be appealed to
the Development Review Committee. In the event a person
disagrees with an interpretation or decision made by the
Director of Planning, then they may request a meeting of
the Development Review Committee which will be held with
7 working days from the date of receipt of a written
request. All such appeals shall be filed with the
Director of Planning. The Development Review Committee
may overrule or modify the interpretation or decision
made by the Director of Planning. "
Page17 Scott Gold asked about the regulation of outparcels and the maximum
number of outparcels permitted along arterial and collector roads.
Staff recommends that subsection #2.d. be reworded as follows: "Along
primary and secondary roadways, no more than two
outparcels shall abut each other and no outparcel shall
be less than one acre in size. Any number of outparcels
may front on internal streets within a commercial
subdivision. "
Page 19 Staff identified inconsistencies between the Ocoee Transportation Element
and the list of"Arterials" and "Collectors" in subparagraph #4.f.
Staff recommends that the Special Development Plan refer to the listed
roads as "primary roads" and "secondary roads. " All Special
Development Plan references to "Arterials" and "Collectors" should be
changed to "primary roads" and "secondary roads. "
Page 19 Kim Christoefl asked that cross-access be required rather than encouraged.
Staff recommends that subparagraph #5.c. be revised, as follows:
"#5.c. Cross-access between adjacent parcels shall be
required to allow shared access to public streets,
increasing access options and minimizing congestion on
local roads. "
Page 21 Commissioner Anderson asked about truck loading areas and noise.
Staff suggests that subparagraph #7. should be reworded, as follows: "All
commercial parking and loading areas shall be designed
and located so as ensure visually appealing projects and
to protect adiacent residentially zoned, used, or
designated properties from any adverse impacts and
noise. "
July 16, 1998
The Honorable Mayor and City Commission
Page 4
Page 22 Kim Christoefl pointed out that there is a conflict regarding sidewalk widths.
Staff recommends that all references to public sidewalks in the Special
Development Plan will stipulate a six foot width.
Page 24 Kim Christoefl was concerned about the public safety and telephones.
Staff recommends that the Special Development Plan be reworded so that it
does not regulate telephone booths.
Page 26 Staff identified some inconsistencies between the City's Reclaimed Water
Policies and subparagraph #13.c. of the Special Development Plan.
Staff recommends that the subparagraph #13.c. be reworded to note that the
City has reclaimed water service and refer to Chapter 174 of the Code of
Ordinances.
Page 29 Staff is concerned about maintenance problems which may occur if small
stormwater retention facilities are required to include plant materials (see
subparagraph#6.b.).
Staff recommends that the subparagraph #6.b. be reworded to state that wet
stormwater detention facilities may be planted with plant materials upon
review of the City Engineer.
Page 29 Staff has requested that fire service pipes be allowed to be painted red in
accordance with Ocoee Fire Department policies (see subparagraph #8.b.).
Staff recommends that the subparagraph #8.b. be reworded, as follows: "b.
Backflow devices and firc 3crvicc pipc3 shall be located
back from the street frontage and painted green and fully
landscaped to screen them from view. "
Pages 31-2 Kim Christoefl suggested that two plants be added to the plant materials list.
Staff concurs with adding the "Cape Plumbago" and "Pindo Palm" to the
plant materials list.
Page 47 Staff has requested that subparagraph #5.b. be reworded to require that
plant materials shall be located and designed to avoid conflicts.
Staff recommends that the subparagraph #5.b. be reworded, as follows:
"#5. b. All bclow ground utilitic3 proposed landscaping
shall be designed and located to minimize conflicts with
existing and proposed below-ground utilities propo3cd
landocapc matcrialo. "
July 16, 1998
The Honorable Mayor and City Commission
Page 5
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On June 18, 1998, the Planning and Zoning Commission and City Commission held a public
workshop regarding the proposed State Road 50 Activity Center Special Development Plan.
During this workshop commissioners and members of the public offered comments and
suggestions regarding the proposed Special Development Plan. In the attached memorandum,
Staff has outlined the comments, responses, and changes, if any. Following the workshop, the
Planning and Zoning Commission held a de novo public hearing regarding the Plan and voted
unanimously to recommend approval of the State Road 50 Activity Center Special Development
Plan as recommended by Staff.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Honorable Mayor and City Commissioners ADOPT
Ordinance 98-12 to enact the attached Ocoee State Road 50 Activity Center Special
Development Plan and create Special Overlay Areas for the Good Homes, West Oaks, Lake
Bennet and Minorville Activity Centers, subject to the following recommended revisions being
incorporated into the final version of the Special Development Plan:
1. Expand the State Road 50 Activity Center Special Development Plan to the west over to Marshall
Farms Road and the entrance ramp to the Florida Turnpike as depicted in the mock up drawing
presented at the public hearing.
2. Revise pages 12, 15, 26, 34, and 38, as recommended.
3. Reword subsection#2.d. on page 17, as recommended.
4. Eliminate all Special Development Plan references to "Arterials" and "Collectors" and change to
"primary roads"and "secondary roads."
5. Revise subparagraph#5.c. on page 19, as recommended.
6. Revise subparagraph#7 on page 21, as recommended.
7. Revise the Special Development Plan to require that all sidewalks be at least 6 feet wide.
8. Eliminate all Special Development Plan regulations regarding telephone booths.
9. Revise subparagraph#13.c. on page 26, as recommended.
10. Revise subparagraph#6.b. on page 29, as recommended.
11. Revise subparagraph#8.b. on page 29, as recommended.
12. Revise the Activity Center Plant Materials List, as recommended.
13. Revise subparagraph#5.b. on page 47, as recommended.
Attachments: Ordinance No.98-12
State Road 50 Activity Center Special Development Plan(previously transmitted)
C:WLL_DATA\CAPDFILE\Staff Reports\CC SR\SR98028a.doc
July 16, 1998
The Honorable Mayor and City Commission
Page 6
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The Orlando Sentinel,Thursday, :Jiy 16,1998
NOTICE OF LAND DEVELOPMENT. CODE CHANGE
The City Commission of the City of Ocoee proposes to adopt the following Ordinance:
Ordinance No. 98-12
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA RELATING TO AMENDING THE OCOEE LAND DEVELOPMENT CODE,
CHAPTER 180 OF THE OCOEE CITY CODE AS THEY RELATE TO ACTIVITY CENTERS;ADDING SECTION 5-3.2 ENTITLED
"OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN'OF ARTICLE V OF CHAPTER 180 OF THE
OCOEE CITY CODE WITH RESPECT TO ENACTING THE ACTIVITY CENTER SPECIAL OVERLAY AREA FOR THE GOOD
HOMES'ACTIVITY CENTER,WEST OAKS ACTIVITY CENTER,LAKE BENNE ACTIVITY CENTER,AND MINORVILLE ACTIV-
ITY CENTER;PROVIDING IN SAID PLAN FOR AN INTRODUCTION,STATEMENT OF INTENT, BOUNDARY MAP,CONCEPT
PLAN,PRIVATE AREA SPECIAL REGULATIONS(INCLUDING SITE,LANDSCAPE,BUILDING AND SIGNAGE DESIGN,STAN-
DARDS AND A PLANT MATERIALS'UST), AND PUBLIC AREA SPECIAL REGULATIONS (INCLUDING LANDSCAPE AND
EQUIPMENT DESIGN STANDARDS IN PUBLIC RIGHTS-OF-WAY AND DESIGN STANDARDS FOR PUBUC FACILMES);PRO-
VIDING'THAT DEVELOPMENT WITHIN SAID ACTIVITY CENTERS SHALL COMPLY WITH THE SPECIAL DEVELOPMENT
PLAN;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE.
The Ocoee City Commission will hold the second of two public headngs concerning the proposed Ordinary on Tuesday,July 21,1998 at 7:15 p.m.,oras soon
thereafter as practical.at the Ocoee City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida The City Commission may continue the public hear-
ing to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times,and places of any continuation of this or contin-
ued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published.
A copy of the proposed Ordinance may be inspected by the public at the Ocoee Planning Deparurent,150 North Lakeshore Drive,Ocoee.Porida,between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays,interested parties may appear at the public hearing and be heard with respect to
the phoposed Ordinance.This notice is given pursuant to Chapter 166.041 (3)(c),Florida Statutes.
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Any person wishing to appeal any decision made with respect to any matter considered at the public hearing will need a record of
the proceeding and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the tes-
timony and evidence upon which the appeal is based.Persons with disabilities needing assistance to participate in any of the pro-
ceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407)656-2322.
Jean Grafton,City Clerk Thursday July 16,1998
City of Ocoee Orange Extra-Sentinel
ORDINANCE NO. 98-12
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO
AMENDING THE OCOEE LAND DEVELOPMENT CODE, CHAPTER 180
OF THE OCOEE CITY CODE AS THEY RELATE TO ACTIVITY
CENTERS; ADDING SECTION 5-3.2 ENTITLED "OCOEE STATE ROAD
50 ACTIVITY CENTER SPECIAL DEVELOPMENT PLAN" OF ARTICLE V
OF CHAPTER 180 OF THE OCOEE CITY CODE WITH RESPECT TO
ENACTING THE ACTIVITY CENTER SPECIAL OVERLAY AREA FOR
THE GOOD HOMES ACTIVITY CENTER, WEST OAKS ACTIVITY
CENTER, LAKE BENNET ACTIVITY CENTER, AND MINORVILLE
ACTIVITY CENTER; PROVIDING IN SAID PLAN FOR AN
INTRODUCTION, STATEMENT OF INTENT, BOUNDARY MAP,
CONCEPT PLAN, PRIVATE AREA SPECIAL REGULATIONS
(INCLUDING SITE, LANDSCAPE, BUILDING AND SIGNAGE DESIGN,
STANDARDS AND A PLANT MATERIALS LIST), AND PUBLIC AREA
SPECIAL REGULATIONS (INCLUDING LANDSCAPE AND EQUIPMENT
DESIGN STANDARDS IN PUBLIC RIGHTS-OF-WAY AND DESIGN
STANDARDS FOR PUBLIC FACILITIES); PROVIDING THAT
DEVELOPMENT WITHIN SAID ACTIVITY CENTERS SHALL COMPLY
WITH THE SPECIAL DEVELOPMENT PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, and
Sections 4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee Planning and
Zoning Commission, acting as the Local Planning Agency,of the City (the "LPA") has held
an advertised public hearing on June 18, 1998 to review and consider the Ocoee State
Road 50 Activity Center Special Development Plan (the "Special Development Plan") and
the creation of Special Overlay Areas for the Good Homes, West Oaks, Lake Bennett and
Minorville Activity Centers (collectively, the "Activity Centers"); and
C:\All_Data\AHPDFILE\Proj ects\SRSOCORR\ordi-act.doc
WHEREAS, after consideration of the comments raised at the public hearing, the
LPA recommended that the City Commission adopt by ordinance the Special
Development Plan and establish the geographic boundaries of the Activity Centers as
modified by the LPA; and
WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c), Florida Statutes,
and Sections 4-6 and 5-3.1 of the Ocoee Land Development Code, the Ocoee City
Commission held advertised public hearings on July 7, 1998 and on July 21, 1998 to
receive public comment on this Ordinance, the Special Development Plan and the
geographic boundaries of the Activities Centers; and
WHEREAS, the City Commission of the City of Ocoee finds and determines that
this Ordinance is consistent with and-imptements the City of Ocoee Comprehensive Plan
and that adoption of this Ordinance is in the best interest of the City of Ocoee.
C:\Al1_Data\AHPD F IL E\Pro j ects\S R5O C O RR\ord i-act.do c
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. 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 163 and 166, Florida Statutes, and Sections 4-6 and 5-3.1 of the Ocoee Land
Development Code.
SECTION 2. Section 5-3.2 of Article V of Chapter 180 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby adopted as follows:
Section 5-3.2 OCOEE STATE ROAD 50 ACTIVITY CENTER SPECIAL DEVELOPMENT
PLAN.
A. Establishment of Geographic Boundaries of Activity Centers.
Pursuant to Section 5-3.1(0(3) of the Ocoee Land Development Code, the specific
geographic boundaries of the Good Homes Activity Center, West Oaks Activity
Center, Lake Bennett Activity Center and Minorville Activity Center are hereby
established as the boundaries depicted in Exhibit "A"attached hereto and by this
reference made a part hereof The foregoing Activity Centers as depicted in
Exhibit "A" hereto are collectively referred to in this Section as the "Activity
Centers" and individually referred to as an "Activity Center." The City
Commission hereby finds that_the boundaries of each Activity_Center are based
upon a logical pattern of development or expansion which relates the properties
included in each Activity Center to each other.
B. Establishment of Boundaries of Special Overlay Area.
Pursuant to Section 4-6 of the Ocoee Land Development Code, the City
Commission hereby creates as a Special Overlay Area the geographic areas of the
Activity Centers as depicted in Exhibit "A"attached hereto. The foregoing Special
Overlay Area shall be referred to as the "Ocoee State Road 50 Special Overlay
Area". The City Commission hereby directs that the boundaries of the Ocoee State
Road 50 Special Overlay Area be shown on the Official City Zoning Map along
with a reference to the existence of the special development standards adopted
pursuant to this Section and the location where the special development plan
containing such adopted special standards can be reviewed
C:W1I_Data\AHPDFILE\Projects\SR5OCORR\ordi-act.doc
C. Adoption of Special Development Plan.
Pursuant to the provisions of Section 4-6 of the Ocoee Land Development Code,
the City Commission hereby adopts and enacts the "Ocoee State Road 50 Activity
Center Special Development Plan" attached hereto as Exhibit "B" and by this
reference made a part hereof. Said Plan includes an Introduction, Statement of
Intent, Boundary Map, Concept Plan, Private Area Special Regulations (including
site, landscape. building and signage design standards and a plant materials list)
and Public Area Special Regulations (including landscape and equipment design
standards in public rights-of-way and design standards for public facilities). The
City Commission hereby finds that the Ocoee State Road 50 Activity Center
Special Development Plan complies with the requirements and criteria set forth in
Section 4-6 of the Ocoee Land Development Code and the Ocoee Comprehensive
Plan.
D. Compliance with Special Development Plan.
All development and redevelopment within the Ocoee State Road 50 Special
Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above shall
comply with the Ocoee State Road 50 Special Development Plan and the special
regulations and standards set forth therein. The provisions of Sections 4-6 and
5-3.1(c)(3) of the Ocoee Land Development Code are hereby made applicable to
all development and redevelopment within the Ocoee State Road 50 Special
Overlay Area and the Activity Centers referenced in Section 5-3.2(A) above. The
Ocoee State Road 50 Special Development Plan shall apply only within the
specific geographic areas set forth in this Section.
E. City Commission Decisions Final.
In all matters involving the State Road 50 Special Overlay Area and this Section,
the decision of the City Commission shalLbefnal. _ —--
F. Recognition of Existing Agreements.
Nothing herein is intended(1) to abrogate any vested rights which may have been
or may hereafter be granted by the City to an applicant. (2) to amend or in anyway
modem any provision of any development order, developer agreement or other
agreement entered into with the City prior to the effective date of this Ordinance,
or (3) to mods, amend or in any way negate any preliminary or final site plan
approvals granted by the City prior to the effective date of this Ordinance:
provided, however, that the City may require as a condition of approval of any
revision to a previously approved preliminary or final site, or any extension
thereof that such plan be revised so as to conform with this Section to the extent
practical.
C:\Al1_Data\AHPD FILE\Pro j ects\SR5OCORR\ordi-act.doc
SECTION 3. 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 4. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this day of , 1998.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED JUNE 25, 1998
AND ADVERTISED JULY 16, 1998
- READ_FIRST TIME JULY 7, 1998
READ SECOND TIME AND ADOPTED
, 1998 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 & LARDNER
By:
City Attorney
C:\A11_Data\AHPDFILE\Proj ects\SR5OC O RR\ord i-act.doc
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