Item 16 (a) Fountains West Commons PUD (a) Second Reading of Ordinance for Fountains West Commons Planned Unit Development Small Scale Comprehensive Plan Amendment (PUD/SSCPA) Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 7, 2019
Item # /(o(a )
Reviewed By:
Contact Name: Mike Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Fountains West Commons PUD (Planned Unit Development)
Small-Scale Comprehensive Plan Amendment
Project No: CPA-2019-001
Commission District# 1 — Larry Brinson, Sr.
BACKGROUND SUMMARY:
The Comprehensive Plan Amendment parcel lies on the west side of lot 8. The subject property is
approximately 5.35 acres in size. 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.
The existing Future Land Use designation is "City of Ocoee" Low-Density Residential and Light Industrial. Land
use to the north is a recalim water storage facility (the City of Winter Garden), zoned A-1; to the west and south is
commercial.
DISCUSSION:
As stated above, the Small-Scale Comprehensive Plan Amendment consists of classifying approximately 5.35
acres of the subject property from "City of Ocoee" Low-Density Residential and Light Industrial to "City of
Ocoee" Commercial. Essentially, the area of the subject property is approved for retail and daycare. The
Applicant proposes to incorporate this land into the Fountains West PUD with a re-platted new name of
Fountains West Commons. The project will consist of a three (3) commercial lot subdivision on 11 acres. The
Fountains West PUD and Fountains West Commons project itself is situated on the northeast corner of the
intersection of West Road and Ocoee-Apopka Road. Both roadways are designated as arterial roadways.
The area has seen a significant change since the inception of the Fountains West PUD development. To the
east, the property developed as a 240-unit apartment community and a charter school. The south has had two
(2) fast food users build on the two (2) vacant lots. Also, a daycare has been approved and is under
construction on the south side of West Road
ISSUE:
Should the Honorable Mayor and City Commissioners approve an ordinance for the Small-Scale Land Use
Amendment from "City of Ocoee" Low-Density Residential and "City of Ocoee" Light Industrial to "City of
Ocoee" Commercial for Fountains West Commons PUD?
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on March 4, 2019, and reviewed the proposed Small-Scale
Comprehensive Plan Amendment. No issues were raised, and the DRC voted unanimously to recommend
approval of the proposed Small-Scale Comprehensive Plan Amendment.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission (P&Z) hearing was scheduled for April 9, 2019. No issues or concerns
were brought up. The Planning and Zoning Commission voted unanimously to recommend approval of the Small-
Scale Comprehensive Plan Amendment.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners approve an ordinance for a Small-Scale
Comprehensive Plan Amendment from "City of Ocoee" Low-Density Residential and Light Industrial to "City of
Ocoee" Commercial for Fountains West Commons PUD.
ATTACHMENTS:
Location Map
Location Map Comp Plan Area
Existing Future Land Use Map
Proposed Future Land Use Map
Aerial
Ordinance
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
x Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
Fountains West Commons
Small Scale Comprehensive Plan Amendment
Location Map
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A PORTION OF LOT 8
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AUTHORITY RIGHT OF WAY MAP, PROJECT NO. WEST ROA 200' 0 200'
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REALIGNMENT PER OR 9467, PG. 3804 SOUTH UNE OF THE NORTHEAST 1/4
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NOTES:
SCALE: 1"=200'
1. PREPARED AS A SKETCH OF DESCRIPTION. THIS IS NOT A BOUNDARY SURVEY
2. THIS MAP IS NOT A CERTIFICATION OF TITLE, ZONING, SETBACKS OR FREEDOM OF LEGEND:
ENCUMBRANCES AND WAS PREPARED WITHOUT BENEFIT OF ABSTRACT OF TITLE Li - UNE NUMBER
AND ALL MATTERS OF TITLE SHOULD BE REFERRED TO AN ATTORNEY AT LAW. I CER78Y THAT THIS SURVEY WAS MADE UNDER MY P.B. - PLAT CORDS
3. PARCEL IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS DIRECTION AND MAT IT MEETS THE MINIMUM STANDARDS PG. - PAGE
OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL POB - POINT OF BEGINNINGOF WAY OF RECORD. (RECORDED, UNRECORDED, WRITTEN AND UNWRITTEN). LAND SURVEYORS NN CHAPTER 5J-17.030 THRU.032 POC - POINT OF COMMENCEMENT
4. ALL BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE FLORIDA ADMINISTRATIVE CODE.PURSUANT TO CHAPTER
472027,FLORIDA STATUTES POT - POINT OF TERMINUS
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DATE DRAWN: 01/08/19 FLORIDA REGISTRATION No MAD
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ORDINANCE NO. 2019-015
CASE NO. CPA-2019-001: Fountains West Commons FKA Fountains West Lot 8 PUD
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; AMENDING THE
FUTURE LAND USE MAP OF THE OCOEE COMPREHENSIVE PLAN
TO CHANGE THE FUTURE LAND USE DESIGNATION FROM "LOW
DENSITY RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO
"COMMERCIAL," FOR CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 5.35 ACRES LOCATED ON THE NORTH SIDE OF
FOUNTAINS WEST BOULEVARD; 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 CPA-2019-001 in order to amend the Future Land
Use designation of certain real property containing approximately 5.35 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-2019-001 constitutes a Small Scale
Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes;
and
WHEREAS, on April 9, 2019, 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-2019-001; and
WHEREAS, on May 7, 2019, the City Commission held an advertised public
hearing and adopted Amendment Number CPA-2019-001; 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. Authority. 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" and "Light Industrial" 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-2019-001 consistent with
the provisions of this Ordinance.
2
SECTION 4. Conflicting 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 , 2019.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson,Mayor
(SEAL)
ADVERTISED ,2019
READ FIRST TIME APRIL 16,2019
FOR USE AND RELIANCE ONLY BY READ SECOND TIME AND ADOPTED
THE CITY OF OCOEE,FLORIDA ,2019
Approved as to form and legality this UNDER AGENDA ITEM NO.
day of ,2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
3
EXHIBIT "A"
DESCRIPTION PREPARED:
A TRACT OF LAND SITUATED IN LOT 8, FOUNTAINS WEST AS RECORDED IN PLAT BOOK 72, PAGES 111-
116, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST MOST CORNER OF SAID LOT 8 THENCE ALONG THE WEST LINE OF
SAID LOT 8 THE FOLLOWING 15 COURSES: N18°16'54"W A DISTANCE OF 215.90 FEET; THENCE
N48°12'36"E A DISTANCE OF 54.15 FEET; THENCE N63°37147"E A DISTANCE OF 32.04 FEET; THENCE
N45°03'15"E A DISTANCE OF 39.36 FEET; THENCE N57°03'16"E A DISTANCE OF 57.26 FEET; THENCE
N58°47'45"E A DISTANCE OF 52.20 FEET; THENCE N12°02'47"W A DISTANCE OF 120.44 FEET; THENCE
N25°39'06"W A DISTANCE OF 80.39 FEET; THENCE N69°07'08"W A DISTANCE OF 57.66 FEET; THENCE
N27°08'37"W A DISTANCE OF 11.53 FEET; THENCE N12°02'48"W A DISTANCE OF 26.43 FEET; THENCE
NO2°57'04"E A DISTANCE 26.63 FEET; THENCE N12°00'45"E A DISTANCE OF 49.77 FEET; THENCE
N38°24'08"E A DISTANCE OF 41.47 FEET; THENCE N60°31'49"E A DISTANCE OF 111.74 FEET TO A POINT
ON THE NORTH LINE OF SAID LOT 8; THENCE N87°56'46"E ALONG SAID NORTH LINE A DISTANCE OF
127.25 FEET; THENCE S05°13'58"E A DISTANCE OF 565.24 FEET; THENCE N89°27'00"E A DISTANCE OF
177.54 FEET; THENCE S00°33'00"E PARALLEL WITH THE EAST LINE OF SAID LOT 8 A DISTANCE OF 194.13
FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 8; THENCE ALONG THE SOUTH
LINE OF SAID LOT 8 THE FOLLOWING 4 COURSES: S89°56'24"W A DISTANCE OF 133.48 FEET; THENCE
S88°46'15"W A DISTANCE OF 28.23 FEET; THENCE N89°32'31"W A DISTANCE OF 319.98 FEET; THENCE
S81°39'41"W A DISTANCE OF 9.17 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 5.35 ACRES OR 232,952 SQUARE FEET, MORE OR LESS.
4
EXHIBIT "B"
L18 N8T56'46" E 438.35'
REMAINDER OF LOT 8
1 I A
71
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FOUNTAINS WEST mP.B. 72, PG. 111
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TRACT B y .48'1 "
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S89 � '24"W 348.00'
FOUNTAIN WESTOULEVARD•
PORIGHT OF W VARIES
LOT 6 . - -
�i,J TRACT 1
/ LOT 5 ''w.G
LOT 4 ��
1 1
FOUNTAI SI ST P.B. 72, G. 111
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---\-::-----
(RIGHT OF WAY VARIES) I ----
ORLANDO-ORANGE COUNTY EXPRESSWAY
AUTHORITY RIGHT OF WAY MAP, PROJECT NO. ', WEST ROA
75320-6460-802/603 AND WEST ROAD N4.6:31-11:-.-- 127, _ - -
REALIGNMENT PER OR 9487. PC. 3804 SOUTH UNE OF THE NORTH EAS1/4
OF SECTION 08-22-28
Al/77XS:
5
COPY OF ADVERTISEMENT
Date Published and Media Name
413 The West Orang Times Thursday Anil 25.2019
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
APPLICATION FOR FOUNTAINS WEST COMMONS
FRA FOUNTAINS WEST LOT 8
SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FROM
"CITY OF OCOEE"LOW DENSELY RESIDENTIAL AND
LIGHT INDUSTRIAL
TO"CTlY OF OCOEE"COMMERCIAL
CASE NUMBER:CPA-2019-001
NOTICE IS HEREBY GIVEN,pursuant to Subsections 1-10 and 5-9,of the City
of Ocoee Land Development Code that on TUESDAY,MAY 7,2019,AT 6:15 P.M.
or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a
PUBLIC HEARING at the City of Ocoee Commission Chambers located at 150
North Lakeshore Drive,Ocoee,Florida,to consider Fountains West Commons FICA
Fountains West Lot 8 Small Scale Comprehensive Plan Amendment,identified as
Parcel Number 06-22-28-2856-08-000.The subject property is approximately 5.35
acres in size and is located at 255 Fountains West Blvd.The Small Scale Comprehen-
sive Plan Amendment consists of amending the Future Land Use designation of the
subject property from'City of Ocoee"Low Density Residential and Light Industrial
to'City of Ocoee'CommerciaL
ORDINANCE NO.2019-015
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,AMEND-
ING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON
SEPTEMBER 18,1991 BY ORDINANCE NO.91-28,AS AMENDED;
AMENDING THE FUTURE LAND USE MAP OF THE OCOEE COM-
PREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE DES-
IGNATION FROM"LOW DENSITY RESIDENTIAL"AND"LIGHT
INDUSTRIAL"TO"COMMERCIAL"FOR CERTAIN REAL PROP-
ERTY CONTAINING APPROXIMATELY 5.35 ACRES LOCATED
ON THE NORTH SIDE OF FOUNTAINS WEST BLVD.;PROVID-
ING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY FUTURE LAND USE MAP;REPEALING CONFLICTING OR-
DINANCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR
AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to
the proposed action.The complete case file,including a complete legal descrip-
tion by metes and bounds,maybe inspected at the Ocoee Planning Department
located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00
a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee
City Commission may continue the public hearing to other dates and times,as
it deems necessary. Any interested party shall be advised of the dates,times,
and places of any continuation of these or continued public hearings shall be
announced during the hearing and no further notices regarding these matters
will be published.You are advised that any person who desires to appeal any
decision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceedings
is made which includes the testimony and evidence upon which the appeal is
based. In accordance with the Americans with Disabilities Act,persons need-
ing a special accommodation or an interpreter to participate in this proceeding
should contact the City Clerk's Office 48 hours in advance of the meeting at
(407)905-3105.
April 25,2019 19-01829W