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Item 18 Second Reading of Ordinance for a Substantial Amendment to the Ocoee Town Shops PUD City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: January 17, 2023 Item #: 18 Contact Name: Michael Rumer Department Director: Michael Rumer Contact Number: Ext. 1018 City Manager: Robert Frank Subject: Second Reading of Ordinance for a Substantial Amendment to the Ocoee Town Shops PUD for a WaWa Gas Station Use; Project No. RZ-22-07-42. (Development Services Director Rumer) Background Summary: The First Reading for this item was held on December 6, 2022. The subject site is approximately 3.39 acres in size and is located in Commission District # 2 on the northwest corner of Clarke Road and W. Colonial Drive (SR 50). The subject site is currently undeveloped. The subject site parcel ID number is 21-22-28-6328-00-070. The table below references the future land uses, zoning classifications, and existing land uses of the surrounding parcels: Direction: Jurisdiction / Future Land Use Jurisdiction / Zoning North City of Ocoee / Commercial City of Ocoee / Community Commercial C-2 East City of Ocoee / Commercial City of Ocoee / Community Commercial C-2 South Orange County / Road Right-of-Way Orange County / Road Right-of-Way West City of Ocoee / Commercial City of Ocoee / Community Commercial C-2 The subject site is located on the northwest corner of Clarke Road and W. Colonial Drive (SR 50). Both roadways are designated as arterial roads. There is an existing left-turn lane on Clarke Road that is planned to be used for the project’s main entrance. Water, sanitary sewer, reclaimed water, solid waste, and police & fire protection will be provided by the City. On February 19, 2019, the Ocoee City Commission approved an amendment to the PUD and PUD Land Use Plan. The approved Land Use Plan reduced the overall square footage from 30,443 SF to 27,750 SF in order to accommodate a revision to Lot 1. Lot 1 changed from a 9,000 SF restaurant use to a 15,750 SF strip retail/restaurant building. Also, the Land Use Plan was revised to move the stormwater from under the parking lot to a retention pond. 2022 Substantial Amendment The applicant is proposing to amend the amended PUD Land Use plan by reducing the 27,750 SF of retail and restaurant to a 5,636 Wawa Gas Station and 4,600 SF of future development for retail or restaurant. Page 555 of 656 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Issue: Should the City Commission approve an ordinance for a Substantial Amendment to the Ocoee Town Shops PUD Land Use Plan to amend the plan to allow a Wawa Gas Station as an approved use to the PUD? Recommendations: Development Review Committee Recommendation: The Development Review Committee (DRC) met on Tuesday, November 1, 2022. The DRC made a recommendation of “no objection” to the proposed changes. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission (PZC) met on Tuesday, November 8, 2022 to consider this item. After discussions about traffic congestion and circulation and access safety concerns, the PZC made a recommendation of approval subject to the condition that appropriate roadway signage and markings (using the appropriate FDOT Index) be installed on South Clarke Road to direct motorists to not block the accessway to the WaWa gas station. Recommendations: Staff recommends that the Honorable Mayor and City Commission approve an ordinance for the Substantial Amendment to the Ocoee Town Shops PUD Land Use Plan to amend the plan to allow a Wawa Gas Station as an approved use to the PUD subject to the condition that appropriate roadway signage and markings (using the appropriate FDOT Index) be installed on South Clarke Road to direct motorists to not block the accessway to the WaWa gas station. Attachments: 1. Location Map 2. Aerial Map 3. Zoning Map 4. 2019 Amended PUD 5. Wawa SR50 & Clarke PUD Plans 6. Substantial Amendment Ordinance - Ocoee Town Shops PUD 7. Advertisement Financial Impacts: None Type of Item: Second Reading Page 556 of 656 W Colonial DriveS Clarke RoadOld Winter G a r d e n R o a d Citrus Oaks AvenueHammocks DriveMatador DriveDaney Street Market Stree t Shadowind WayJacob Nathan BoulevardHire Circle Health Central Way Victor Street Subst antial PUD Ame ndme nt for Ocoee Town Shops Locati on Map I Page 557 of 656 W Co lo ni al Dr i ve S Clarke RoadJacob Nathan BoulevardCitrus Oaks AvenueMat th ew P ari s Bo u leva rd I 0 12 5 25 062.5 Fe e t Page 558 of 656 C-2 PUD-COMM R-3 P-S R-3 R-3 R-1AA P-SC-2 C-2 C-2 P-S C-2 W Colonial DriveS Clarke RoadJacob Nathan BoulevardSubst antial Ame ndment to PUD for Ocoee Town Shops Surrounding Zoning Map Development S ervic es Department I 0 240 480120Feet Created: October 2022 Subject Property Zoning Classification:General Agricultural (A-1)Suburban (A-2)Single-Family Dwelling (R-1AAA)Single-Family Dwelling (R-1AA)Single-Family Dwelling (R-1A) Single-Family Dwelling (R-1)One- & T wo-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) General Industrial (I-2)Commercial (PUD) Low Density (PUD)Medium Density (PUD) Restricted Manufacturing& W arehousing (I-1) High Density (PUD)Public Use (PUD)Unclassified Page 559 of 656 I I r 10/19/2018 1 PER CITY COMMENTS 7/13/18 1/3/2019 2 PER DEVELOPER 1/7/2019 a BUILDING FEATURES DATE I REVISIONS IWWAT.lomNWAW 9!RWAV N Loyal E I E! SVNAIL01W U,(Mily and d of .) er'a r,. .rii rc,ccr;<xy sl.ilJ £!li C!li}i v2 wtutt}iil Efi3t; L7t t zs s} ANI. JSM WRH WRH WRH WRH WRH GRAPHIC SCALE f u; FUTURE LAND USE: COMMERCIAL ZONING: C `2 5 Q Ei 7 E \ v 1 z" T i 41iCi'L7,n CITY OF OCOEE 41 PROPERTY LOCATION: 9729 W. COLONIAL DR. PROPERTY EXISTING ZONING: PUD 1 f PROPERTY PROPOSED ZONING: 4 u PROPERTY FUTURE LAND USE DESIGNATION: COMMERCIAL EXISTING USE: VACANT 0 k x Pf } 3.. t l f v < 4 C; iF a 3 - ;. PROJECT AREA: 3.30± ACRES EXISTING BUILDING: 0 S.F. I I r 10/19/2018 1 PER CITY COMMENTS 7/13/18 1/3/2019 2 PER DEVELOPER 1/7/2019 a BUILDING FEATURES DATE I REVISIONS IWWAT.lomNWAW 9!RWAV N Loyal E I E! SVNAIL01W U,(Mily and d of .) er'a r,. .rii rc,ccr;<xy sl.ilJ £!li C!li}i v2 wtutt}iil Efi3t; L7tt zs s} ANI. JSM WRH WRH WRH WRH WRH GRAPHIC SCALE f u; FUTURE LAND USE: COMMERCIAL ZONING: C `2 5 Q Ei 7 E \ v 1 z" T i 41iCi'L7,n 1-1 FUTURE LAND USE— COMMERCIAL ZONING- C-2 CLARKE ROAD OCOEE TOWN SHOPS COLONIAL729W. D• OCOEE, FLORIDA 120' •ioh €-F y Qs-,bwjt riled pry D17CEIVED CITY OF OCOEE SITE DATA (PER APPROVED LANDUSE/PD DATED 12/01/09) PROPERTY LOCATION: 9729 W. COLONIAL DR. PROPERTY EXISTING ZONING: PUD 1 f PROPERTY PROPOSED ZONING: 4 u PROPERTY FUTURE LAND USE DESIGNATION: COMMERCIAL EXISTING USE: VACANT J k x Pf } 3.. t l f v < 4 C} ? d F Fi , n & z... iF a 3 - ;. 1-1 FUTURE LAND USE— COMMERCIAL ZONING- C-2 CLARKE ROAD OCOEE TOWN SHOPS COLONIAL729W. D• OCOEE, FLORIDA 120' •ioh €-F y Qs-,bwjt riled pry D17CEIVED FUTURE PARKING PROVIDED STANDARD PARKINGLANDUSE— HANDICAP PARKING SPACES 142 SPACES 8 SPACES COMMERCIAL PARKING PROVIDED 150 SPACES THE APPROVED LAND USE / PD PLAN DATED 12/01/09 ALLOWED FOR A REDUCTION OF 9 PARKING SPACES FROM WHAT WAS REQUIRED (163 SPACES PROVIDED VERSUS 172 SPACES REQUIRED). THIS REPRESENTS AN OVERALL PARKING DEFICIT OF (9/172) 5.2% FROM WHAT WAS REQUIRED. UPONZONING— C-2 COMPLETION OF THE PROPOSED DEVELOPMENT, THE SITE WILL HAVE A SMALLER DEFICIT (8/158) OF 5.0% OF PARKING SPACES FROM THE ALLOWABLE DEFICIT UNDER THE APPROVED PARKING WAIVER (DATED 12/l/2009). I SITZ E AREAGF00PRIN CALCULATIONS (OVERALL)PER THIS MASTER PLAN 27- PAVING 58,268 ±S.F. SIDEWALK AND CONCRETE PAVEMENT 6,074 ±S.F. IMPERVIOUS AREA 92,092 ±S.F. 2.11 TAC. 64.06% PERVIOUS AREA 51,656 ±S.F. 1.19 ±AC. 35.94% TOTAL SITE AREA 143,748 ±S.F. 3.30 TAC. 100.00% MAXIMUM IMPERVIOUS COVER ALLOWED 76% IMPERVIOUS COVER PROPOSED 64.06% FLOOD ZONE THE PROJECT IS IN ZONE "X" PER FEMA F.I.R.M. PANEL 12095CO220 F DATED: SEPTEMBER 25, 2009. SOILS ARENTS, TAVARES FINE SAND AND TAVARES MILLHOPPER FINE SAND. WETLAND STATEMENT THERE ARE NO JURISDICTIONAL WETLANDS OR WATER BODIES WITHIN THE PROJECT SITE. of -w ________ 0-;;, -_HAZARDOUS MATERIALS STATEMENT DURING CONSTRUCTION, WHEN COMBUSTIBLES ARE BROUGHT ONTO THE SITE IN SUCH QUANTITIES AS DEEMED HAZARDOUS BY THE FIRE OFFICIAL, ACCESS ROADS & A SUITABLE TEMPORARY SUPPLY OF WATER ACCEPTABLE TO THE FIRE DEPARTMENT SHALL BE PROVIDED & MAINTAINED. LIGHTING NOTE ALL PARKING LIGHT POLES & BUILDING FIXTURES ARE TO BE BLACK IN COLOR AND NOT TO EXCEED 30 FEET IN HEIGHT AND THEY SHALL BE EQUIPPED WITH SHIELDED OR FULL—CUTOFF LUMINARIES INCORPORATING FLUSH—MOUNTED LENSES. LIGHTING SHALL COMPLY WITH LDC, ARTICLE VI, SECTION 6-14, C, (2), (i), vii. DUMPSTER NOTE THE DUMPSTER SHALL BE ENCLOSED WITH A BLOCK WALL WITH SOLID BLACK METAL GATES LDC, ARTICLE VI, SECTION 6-14, C,(1), (j). WATER SERVICE THE CITY BASES WATER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED. SEWER SERVICE THE CITY BASES SEWER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED. TRAFFIC DATA RETAIL/SHOPPING 27,750 S.F. @ 42.70 PER 1,000 S.F. = 1,185 TRIPS PHASING THIS PROJECT WILL BE CONSTRUCTED IN MULTIPLE PHASES. SIGNS MONUMENT SIGNS SHALL BE 12' HIGH BY 15'-11" WIDE. Ocoee Town Shop PUD: Proiect No: RZ-18-06-08 — Substantial Amendment to the Planned Unit Development/Land Use Plan PUD/Land Use Plan PUD/LUP) — Ordinance No: 2019-006 The Mayor and City Commissioners on February 19, 2019, under Agenda Item 10, approved the Substantial Amendment to the Planned Unit Development/Land Use Plan (PUD/LUP) for the Ocoee Town Shop PUD. Attest: Rusty JohnsM or City Clerk PROJECT No. 15-OG1 FLORIDA CE ' ` Q -UP, IN THIS ITEM HAS BEEN f. 5 ELECTRONICALLY SIGNED AND e v ® SCALE 11 ib• G -<*rr SEALED BY (ENGINEER), P.E. ON DATE) USING A DIGITAL SIGNATURE. DATE .3 540 OCTOBER 19, 2018 ZrS PRINTED COPIES OF THIS SHEET NO. p,T F :ate DOCUMENT ARE NOT CONSIDERED 1L SIGNED AND SEALED AND THE DESIGNED BY DRAWN BY CHECKED BY APPROVED BY ¢;` aL (D}iU•''`; SIGNATURE MUST BE VERIFIED ON WRH JSM WRH WRH SHEEP 1 OF 1 IL a NI P.E. ANY ELECTRONIC COPIES. FLORIDA 5127 S. Orange Avenue, Suite 200 ENGINEERING Orlando, FL 32809 GROUP Phone: 407-895-0324 Fax: 407-895-0325 Engineering the Future www.feg-inc.us FILENAME CITY OF OCOEE SITE DATA (PER APPROVED LANDUSE/PD DATED 12/01/09) PROPERTY LOCATION: 9729 W. COLONIAL DR. PROPERTY EXISTING ZONING: PUD PROPERTY PROPOSED ZONING: PUD—COMM PROPERTY FUTURE LAND USE DESIGNATION: COMMERCIAL EXISTING USE: VACANT PROPOSED USE: COMMERCIAL, RETAIL, RESTAURANT, MEDICAL OFFICE, FINANCIAL SERVICES, PROFESSIONAL OFFICE OTHER USES NOT LISTED ARE PROHIBITED) PROJECT AREA: 3.30± ACRES EXISTING BUILDING: 0 S.F. TOTAL BUILDINGS' AREA 27,750 S.F. TOTAL GROSS FLOOR AREA: 27,750 S.F.* A TOTAL BUILDING AREA OF 30,443 G.S.F. WAS APPROVED UNDER THE LUP/PD DATED 12/01/09 E ALLOWABLE FLOOR AREA: 3.0 PROPOSED FLOOR AREA: 0.19 BUILDING SETBACKS (REQUIRED) BUILDING SETBACKS (PROPOSED) ss talc rt d.:,;y FRONT WEST) (JACOB NATHAN BLVD.) 10' FRONT WEST) (JACOB NATHAN BLVD.) 13.65 SIDE NORTH 10, SIDE NORTH 49.95' SIDE SOUTH S.R.50) 50' SIDE SOUTH 50' m.__rt REAR EAST) CLARKE RD.) 25' REAR EAST) S.R.50) CLARKE RD.) 25' mm - LANDSCAPE BUFFERS (REQUIRED) LANDSCAPE BUFFERS (PROPOSED) FRONT (WEST) (JACOB NATHAN BLVD.) 10 FRONT (WEST) (JACOB NATHAN BLVD.) 10' SIDE NORTH 10' REAR NORTH 10' S.R.50) SIDE SOUTH 40' SIDE SOUTH 40REAREAST) CLARKE RD.) 15' SIDE EAST) S.R.50) CLARKE RD.) 15' 0 I PARKING EXISTING 15' IPUBLIC PARKING REQUIRED UTI LITY EASEMENT RETAIL: 20,000 S.F. x (1 SPACE PER 200 S.F.) 100 SPACES ESTIMATED RESTAURANT: 230 SEATS x (1 SPACE PER 4 SEATS) 58 SPACES S TOTAL PARKING REQUIRED: RETAIL + ESTIMATED RESTAURANT 158 SPACES FUTURE PARKING PROVIDED STANDARD PARKINGLANDUSE— HANDICAP PARKING SPACES 142 SPACES 8 SPACES COMMERCIAL PARKING PROVIDED 150 SPACES THE APPROVED LAND USE / PD PLAN DATED 12/01/09 ALLOWED FOR A REDUCTION OF 9 PARKING SPACES FROM WHAT WAS REQUIRED (163 SPACES PROVIDED VERSUS 172 SPACES REQUIRED). THIS REPRESENTS AN OVERALL PARKING DEFICIT OF (9/172) 5.2% FROM WHAT WAS REQUIRED. UPONZONING— C-2 COMPLETION OF THE PROPOSED DEVELOPMENT, THE SITE WILL HAVE A SMALLER DEFICIT (8/158) OF 5.0% OF PARKING SPACES FROM THE ALLOWABLE DEFICIT UNDER THE APPROVED PARKING WAIVER (DATED 12/l/2009). I SITZ E AREAGF00PRIN CALCULATIONS (OVERALL)PER THIS MASTER PLAN 27- PAVING 58,268 ±S.F. SIDEWALK AND CONCRETE PAVEMENT 6,074 ±S.F. IMPERVIOUS AREA 92,092 ±S.F. 2.11 TAC. 64.06% PERVIOUS AREA 51,656 ±S.F. 1.19 ±AC. 35.94% TOTAL SITE AREA 143,748 ±S.F. 3.30 TAC. 100.00% MAXIMUM IMPERVIOUS COVER ALLOWED 76% IMPERVIOUS COVER PROPOSED 64.06% FLOOD ZONE THE PROJECT IS IN ZONE "X" PER FEMA F.I.R.M. PANEL 12095CO220 F DATED: SEPTEMBER 25, 2009. SOILS ARENTS, TAVARES FINE SAND AND TAVARES MILLHOPPER FINE SAND. WETLAND STATEMENT THERE ARE NO JURISDICTIONAL WETLANDS OR WATER BODIES WITHIN THE PROJECT SITE. of -w ________ 0-;;, -_HAZARDOUS MATERIALS STATEMENT DURING CONSTRUCTION, WHEN COMBUSTIBLES ARE BROUGHT ONTO THE SITE IN SUCH QUANTITIES AS DEEMED HAZARDOUS BY THE FIRE OFFICIAL, ACCESS ROADS & A SUITABLE TEMPORARY SUPPLY OF WATER ACCEPTABLE TO THE FIRE DEPARTMENT SHALL BE PROVIDED & MAINTAINED. LIGHTING NOTE ALL PARKING LIGHT POLES & BUILDING FIXTURES ARE TO BE BLACK IN COLOR AND NOT TO EXCEED 30 FEET IN HEIGHT AND THEY SHALL BE EQUIPPED WITH SHIELDED OR FULL—CUTOFF LUMINARIES INCORPORATING FLUSH—MOUNTED LENSES. LIGHTING SHALL COMPLY WITH LDC, ARTICLE VI, SECTION 6-14, C, (2), (i), vii. DUMPSTER NOTE THE DUMPSTER SHALL BE ENCLOSED WITH A BLOCK WALL WITH SOLID BLACK METAL GATES LDC, ARTICLE VI, SECTION 6-14, C,(1), (j). WATER SERVICE THE CITY BASES WATER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED. SEWER SERVICE THE CITY BASES SEWER USE ON FIXTURE COUNTS WHICH IS PRESENTLY UNDETERMINED. TRAFFIC DATA RETAIL/SHOPPING 27,750 S.F. @ 42.70 PER 1,000 S.F. = 1,185 TRIPS PHASING THIS PROJECT WILL BE CONSTRUCTED IN MULTIPLE PHASES. SIGNS MONUMENT SIGNS SHALL BE 12' HIGH BY 15'-11" WIDE. Ocoee Town Shop PUD: Proiect No: RZ-18-06-08 — Substantial Amendment to the Planned Unit Development/Land Use Plan PUD/Land Use Plan PUD/LUP) — Ordinance No: 2019-006 The Mayor and City Commissioners on February 19, 2019, under Agenda Item 10, approved the Substantial Amendment to the Planned Unit Development/Land Use Plan (PUD/LUP) for the Ocoee Town Shop PUD. Attest: Rusty JohnsM or City Clerk PROJECT No. 15-OG1 FLORIDA CE ' ` Q -UP, IN THIS ITEM HAS BEEN f. 5 ELECTRONICALLY SIGNED AND e v ® SCALE 11 ib• G -<*rr SEALED BY (ENGINEER), P.E. ON DATE) USING A DIGITAL SIGNATURE. DATE .3 540 OCTOBER 19, 2018 ZrS PRINTED COPIES OF THIS SHEET NO. p,T F :ate DOCUMENT ARE NOT CONSIDERED 1L SIGNED AND SEALED AND THE DESIGNED BY DRAWN BY CHECKED BY APPROVED BY ¢;` aL (D}iU•''`; SIGNATURE MUST BE VERIFIED ON WRH JSM WRH WRH SHEEP 1 OF 1 IL a NI P.E. ANY ELECTRONIC COPIES. FLORIDA 5127 S. Orange Avenue, Suite 200 ENGINEERING Orlando, FL 32809 GROUP Phone: 407-895-0324 Fax: 407-895-0325 Engineering the Future www.feg-inc.us FILENAME Page 560 of 656 RECLAIMEDWATERSURVEYORENGINEERDEVELOPERDEVELOPMENT TEAM:UTILITIES:KELLY, COLLINS & GENTRY, INC.1700 NORTH ORANGE AVENUE,SUITE 400ORLANDO, FLORIDA 32804PHONE: (407) 898-7858FAX: (407) 898-1488#:GENTRY, INC.COLLINS &KELLY,ENGINEERINGPLANNINGNOTE:PARCEL DESCRIPTION PROVIDED BY AMERICAN SURVEYING & MAPPING, INC., DATED 06/20/21PARCEL DESCRIPTIONWAWA SR-50 & CLARKE OCOEE, FLDATEREVISIONS:DESCRIPTIONDRAWN:DESIGN:CHECKED:JOB NO.:DATE:SHEETC-1.007/27/20221545.000SMGSCFCLNAMERICAN SURVEYING & MAPPING, INC.1030 N. ORLANDO AVE, SUITE BWINTER PARK, FL 32789PHONE: (407) 426-7979BLUE CASTLE DEVELOPMENT, LLC1568 LAKE WHITNEY DRIVEWINDERMERE, FL 34786PHONE: (321) 303-5706SHEET TITLESHEET NO.COVER SHEETBOUNDARY & TOPOGRAPHIC SURVEYOVERALL PLANSIGNAGE PLANBUILDING ELEVATIONSC-1.01 OF 1C-2.0 - C-2.1S-1BE-1 - BE-2ELECTRICSEWERCITY OF OCOEE1800 A.D. MIMS ROADOCOEE, FLORIDA 34761DUKE ENERGY452 E CROWN POINT RDWINTER GARDEN, FL 34787CITY OF OCOEE1800 A.D. MIMS ROADOCOEE, FLORIDA 34761CITY OF OCOEE1800 A.D. MIMS ROADOCOEE, FLORIDA 34761ARCHITECTCUHACHI & PETERSON ARCHITECTS, ENGINEERS, PLANNERS930 WOODCOCK ROAD, SUITE 101ORLANDO, FL 32803PHONE: (407) 661-9100VICINITY MAPSCALE: 1"=2000'Page 561 of 656 Page 562 of 656 15'1025'7810'11'30'14'10'10'1020'20'20'20'25'10'30'30'10'EXISTINGSIGNALPROPOSEDFULLACCESSDRIVEPROPOSEDFULLACCESSDRIVE10'PROPOSEDFULLACCESSDRIVERETENTIONAREA4:15:15:14:120'5:135'5'PROPOSEDFULLACCESSDRIVE12'20'10'10'20'35'30'AAGENCO²F85 (5,636 SF)JACOB NATHAN BLVDS CLARKE RDSR-50RETENTIONAREA4:1E100.00 5:15:14:15:1100.00109.00109.00RETAINING WALLRETAININGWALL"AIR PUMP PARKING ONLY"SIGNE-STOP4' X 3' AIR MACHINEW/ 2 BOLLARDSFUEL PRICINGSIGNE-FREE(3+1+1 MPD)6'X'6 VENTSTACK PAD5' ROCK BED(2) 22K & (1) 20KGALLON UST'SSIGN FOR FUTUREDEVELOPMENTFUEL PRICINGSIGN15' BUFFER10' BUFFER10' BUFFER15' BUFFERAFUTURE DEVELOPMENTAREADUMPSTERENCLOSUREPOND CROSS SECTIONSCALE: 1" = 10'BOTTOM OF DRY PONDRETAINING WALL(DESIGNED BY OTHERS)RIGHT OFWAY LINEEXISTING GRADE100989694102104106108110112114116100989694102104106108110112114116RETAINING WALL(DESIGNED BY OTHERS)BLACK ALUMINUM RAILINGBLACK ALUMINUM RAILINGPROPOSED GRADEWAWAEXISTING SIDEWALKLANDSCAPE AREAASR-50DRAWN:DESIGN:CHECKED:JOB NO.:DATE:SHEETKELLY, GENTRY, INC. COLLINS & REVISION PREPARED FOR: DATECLNSCFSMG1545.00007/27/2022C-2.0OVERALL PLAN WAWA SR 50 & CLARKE BLUE CASTLE DEVELOPMENT, LLC PROJECT BOUNDARYUTILITY EASEMENTLEGENDPage 563 of 656 LEGENDDRAWN:DESIGN:CHECKED:JOB NO.:DATE:SHEETKELLY, GENTRY, INC. COLLINS & REVISION PREPARED FOR: DATECLNSCFSMG1545.00007/27/2022C-2.1OVERALL PLAN WAWA SR 50 & CLARKE BLUE CASTLE DEVELOPMENT, LLC PROJECT BOUNDARYUTILITY EASEMENTPage 564 of 656 Page 565 of 656 Page 566 of 656 ORDINANCE NO. 2023- (Substantial Amendment to Ocoee Town Shops PUD) TAX PARCEL ID:21-22-28-6328-00-070 CASE NO. RZ-22-07-42: Ocoee Town Shops PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN (LUP) FOR THE OCOEE TOWN SHOPS PLANNED UNIT DEVELOPMENT (PUD) FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 3.39 ACRES AND LOCATED ON THE NORTHWEST CORNER OF SOUTH CLARKE ROAD AND WEST COLONIAL DRIVE/STATE ROAD 50, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE OCOEE TOWN SHOPS PUD/LUP TO ALLOW A WAWA GAS STATION USE ON LOT 1 OF THE PUD; FINDING CONSISTENCY WITH THE COMMERCIAL FUTURE LAND USE MAP DESIGNATION OF THE OCOEE COMPREHENSIVE PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described owner (the “Owner”), has submitted an application to the City Commission of the City of Ocoee, Florida (the “Ocoee City Commission”) to approve an amendment (the “Amendment”) to the Ocoee Town Shops Planned Unit Development / Land Use Plan (PUD/LUP), as approved by the Ocoee City Commission on December 1, 2009 (the “PUD”), as amended; and WHEREAS, the Amendment was scheduled for consideration and recommendation by the Development Review Committee (“DRC”) on November 1, 2022; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for consideration and recommendation by the Planning and Zoning Commission of the City of Ocoee ("P&Z"); and Page 567 of 656 -2- WHEREAS, on November 8, 2022, the P&Z held an advertised public hearing on the Amendment and, after discussion, recommended approval of the Substantial Amendment to allow a Wawa Gas Station on Lot 1 of the PUD subject to conditions; and WHEREAS, on January 17, 2023, the Ocoee City Commission has held an advertised de novo public hearing with respect to the proposed Substantial Amendment and this Ordinance and determined that an Amendment to the PUD to allow a Wawa Gas Station Use on Lot 1 of the Ocoee Landings PUD and this Ordinance are consistent with the City of Ocoee Comprehensive Plan, as amended; 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. SECTION 2. Amendment to PUD. The subject property is herein described as Exhibit “A”. The Amended PUD, Land Use Plan prepared by KCG, date July 27, 2022, 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 same, is hereby approved, subject to the Conditions of Approval as approved on December 1, 2009, as amended. The Amended PUD/LUP is attached hereto as Exhibit “B”, and by this reference made a part hereof. As described therein, the Amended PUD/LUP amends the previously approved PUD/LUP for Ocoee Town Shops PUD/LUP. All references to the PUD/LUP or the Amended PUD/LUP for Ocoee Town Shops PUD/LUP shall Page 568 of 656 -3- hereafter refer to the previously approved PUD/LUP for Ocoee Town Shops PUD/LUP as amended by the attached Amended PUD/LUP. SECTION 3. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 4.Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this Ordinance. 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 become effective ten (10) days after its passage and adoption. ATTEST:CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED ________________________, 2023 READ FIRST TIME ____________________, 2022 READ SECOND TIME AND PASSED __________________________, 2023 UNDER AGENDA ITEM NO.__________ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this ______ day of ___________________, 2023. Shuffield Lowman & Wilson, P.A. By: City Attorney Page 569 of 656 -4- EXHIBIT “A” ORLANDO GROVE ASSOCIATION E/52 THAT PT OF TRACT 8 LYING W OF CLARKE RD (LESS PTS TAKEN FOR R/W PER OR 4249/557 & ORD #90-36) & (LESS PT TAKEN FOR R/W SE COR PER 8893/1443) & VAC 15 FT TO N PER 9978/0118 Page 570 of 656 EXHIBIT “B” OCOEE TOWN SHOPS PUD LAND USE PLAN – SUBSTANTIAL AMENDMENT (DATED JULY 27, 2022) Page 571 of 656 Page 572 of 656