Item #14 First Reading of Ordinance for Fountains at Highland Park
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AGENDA ITEM STAFF REPORT
Contact Name:
Contact Number:
Antonio Fabre, AICP
407-905-3100/1019
Meeting Date: November 4, 2008
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Reviewed By:
Department Director:
City Manager:
Subject: Fountains at Highland Park
PUD Land Use Plan I Rezoning - Project # RZ-08-09-07
Preliminary Subdivisic,m/Site Plan - Project # LS-2007 -023
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Land Use Plan/PUD Rezoning
Ordinance and Preliminary Subdivision/Site Plan for Fountains at Highland Park?
BACKGROUND SUMMARY:
The subject site is approximately 12.34 acres in size and is located on the north side of Tomyn Boulevard
and south of the Florida Turnpike approximately 2,000 feet west of Maguire Road (Physical Address 11311
Tomyn Boulevard). The subject property is currently undeveloped and is covered with a small variety of
trees, of which a majority consists of planted pine trees.
Adjacent to the north is the Florida Turnpike. The land use across the Florida Turnpike is undeveloped and
vacant zoned "General Commercial" C-3. Adjacent to the west is a water retention pond owned by the
Florida Turnpike Authority in unincorporated Orange County. To the east is a large vacant commercial
property (planned to be "Diplomat Tower", a large-scale office building) zoned C-3. Finally, located to the
south across Tomyn Boulevard is a single-family residential (Brookestone) subdivision zoned R-1A.
The property is currently zoned General Commercial (C-3). The Applicant/Owner is requesting a PUD
zoning in order to accommodate for the mixed-use development. The Future Land Use designation for the
site is "Commercial" which allows for a Floor Area Ratio of 3.0. The surrounding future land use is
"Commercial" and to the south across Tomyn Boulevard is "Low Density Residential."
DISCUSSION:
The proposed Fountains at Highland Park is a mixed-use development consisting of professional office,
medical office, and accessory retail and restaurant. This mixed-use office park will also include amenities
for the users including a feature pond, walkways surrounding the property and benches located at each
building consistent with the city requirements. Each lot will be sold as fee simple with a mandatory
Property Owners Association. Therefore, owners of each building will be responsible for maintenance of
the infrastructure and amenities. The total project will be developed in two phases. The Preliminary
Subdivision Plan proposes seventeen (17) commercial lots, which are sized to fit the proposed building
structures with the exception of Lot 17. All of the lots will be serviced by common tracts (Tracts "A," "B" and
"C"). These tracts of land will address the need for the requisite infrastructure (access, parking, sidewalks,
landscaping, etc.) improvements.
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The Preliminary Site Plan proposes 16 development schemes with one lot (Lot 17) earmarked for future
development. The allocation for the total square footage proposed is: 71,200 square feet of Office space,
38,000 square feet of Medical Office, and 5,700 square feet of either Retail or Restaurant space. Lot 17 will
ultimately require a Preliminary/Final Site Plan for future development. Lot 17 is planned to be developed
consistent with the C-3 zoning standards. The Applicant proposed five (5) development possibilities. The
breakdown for total square footage for each possible scenario for Lot 17 is: Day Care 12,800 square feet or
General Office 22,938 square feet or Medical Office 10,534 square feet or Specialty Retail 14,016 square
feet or a Sit-Down Restaurant of 4,608 square feet.
The major off-site improvements for the project include an eastbound left-turn lane and a westbound right
turn-lane for traffic entering the site on Tomyn Boulevard. The right turn lane was not required by the traffic
study. This was added by the developer to ease entrance access. Water, sanitary sewer, reclaimed water,
solid waste and police & fire protection will all be provided by the City.
To accommodate this development and reduce the number of billboards on the Turnpike the developer has
agreed to replace two (2) existing billboards with one (1) LED billboard. This is a coordinated effort
between Clear Channel Communications, the developer and the city. The developer intends to use the
new billboard in conjunction with the city if necessary. Accordingly, this will be addressed and presented to
the City Commission for their formal consideration and action via a Development Agreement. Furthermore,
the vacation of Tomyn Road must be approved by the City Commission prior to any formal action by the
City Commission on this project.
All of the waivers with the exception to the height waiver are requested due to the lots being designed for
single site structures. Access, parking, sidewalks, and landscaping for the lots are provided via separate
tracts of land. All of the waivers requested are from Article V of the Land Development Code. This section
of the Land Development Code sets minimum standards for lot size, lot width, building setbacks, building
coverage and impervious surface ratios. Justification to allow the City Commission to grant waivers from
the Land Development Code is determinate upon the project demonstrating an offsetting public benefit
which is technically sound and measurable. As justification of the waiver request, the applicant has agreed
to enhance the landscaping along Tomyn Boulevard, enhance the entrance, water features, and removal of
existing billboards per Development Agreement.
The height waiver that is requested is based upon Article V of the Land Development Code. This section of
the Land Development Code requires a maximum building height of 45 feet for the current zoning of C-3.
The applicant is requesting a maximum building height of 55 feet as part of the rezoning to PUD. As
justification of the waiver request, the applicant has agreed to enhance the landscaping along Tomyn
Boulevard, enhance the entrance, water features, and removal of existing billboards per Development
Agreement.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on October 1, 2008 and reviewed the Rezoning/PUD
Land Use Plan and Preliminary Subdivision/Site Plan for Fountains at Highland Park. There were minor
technical issues to be addressed from the Planning Division and the Engineering Department that were
identified in written staff comments and presented verbally. All of the changes were discussed and agreed
upon by the applicant. The Applicant and the City Attorney felt confident that the Development Agreement
will be completely finalized and executed by the applicant for presentation to the City Commission.
When the discussion was finished, the DRC voted unanimously to recommend approval of the
Rezoning/PUD Land Use Plan and Preliminary Subdivision/Site Plan, subject to incorporating the final
revisions in the plans prior to the Planning and Zoning meeting.
The Fountains at High/and Park PUO Land Use Plan and Preliminary Subdivision/Site Plans (date stamped
October 2, 2008) incorporates the ORe's requested changes.
; PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Fountains at Highland Park Rezoning/PUD
Land Use Plan and Preliminary Subdivision/Site Plan on October 2, 2008. City Staff presented a brief
overview of the project. City Staff and the Applicant answered several questions regarding requested
waivers, tree preservation plan, and landscaping plan. All of these questions were addressed adequately in
the P&Z meeting.
When the Public Hearing was opened for Fountains at Highland Park Rezoning/PUD Land Use Plan and
Preliminary Subdivision Plan/Site Plan, there were two citizens to speak regarding this project. Fred Bennett,
513 Belhaven Falls Drive, and Kelli Brown, 395 Belhaven Falls Drive, both spoke in opposition of the project.
Ms. Brown stated she did not receive the notice. Staff infor.med her that the Code only requires sending
notices to those within 300 feet of the development and her home may not have fallen within those
boundaries. Mr. Bennett inquired about how the construction is going to affect them as far as sound and
privacy.
Mr. Evans (engineer of record) briefly explained the construction is required to follow the guidelines of the
City. He further stated that there will be noise but with the background sound in that area it should not be
any louder then what they hear now. Ms. Brown expressed her concern that with all the development being
done on the Maguire Corridor, many retails spaces are still vacant. Mr. Bennett inquired as to what would
happen to all the pine trees in that area. Mr. Evans stated that the plan is to clear all the trees on the exterior
perimeter and add new trees, landscaping, and a tree wall all along the front of the property. Discussion
ensued regarding the levels of the building, lighting, and security issues.
Mr. Bennett inquired if the letter he received would be the only letter sent out regarding this project. Staff
stated that the project has two public hearing dates and that the letter he received does inform him of both
dates. In addition, Staff stated that they have other public notices such as advertising in the local
newspaper and posting of the property.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Fountains at Highland Park Rezoning/PUD Land Use Plan and Preliminary Subdivision
Plan as date stamped received by the City on October 2, 2008.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Fountains at Highland Park Land Use Plan/PUD Rezoning
Ordinance and Preliminary Subdivision Plan date stamped received by the City on October 2, 2008, subject
to the City Commission approving the Tomyn Road vacation request.
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
PUD Zoning Ordinance;
PUD Land Use Plan and Preliminary Subdivision/Site Plan for Fountains at Highland Park date stamped October 2, 2008.
Financial Impact:
None.
Type of Item: (please mark with an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
Consent Agenda
Public Hearing
_ 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
Fountains at Highland Park
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ORDINANCE NO.
(Rezoning Ordinance for Fountains at Highland Park)
TAX PARCEL ID #s 30-22-28-0000-00-014;
CASE NO. RZ-_-_-_: Fountains at Highland Park
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE C-3, "GENERAL
COMMERCIAL" TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT"
ON CERTAIN REAL PROPERTY CONT AINING APPROXIMATELY
12.34 ACRES LOCATED SOUTH OF AND ADJACENT TO THE
FLORIDA TURNPIKE AND APPROXIMA TEL Y 1200 FEET WEST OF
MAGUIRE ROAD; PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 12.34 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee C-3, "General Commercial" to Ocoee PUD,
"Planned Unit Development;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Rezoning requested by the Applicant is consistent with the Joint
Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended (the "JP A Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part 11 of Chapter 163, Florida
Statutes; and
ORLA_1130574.1
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WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on October 14, 2008, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2008 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 12.34 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C-3,
"General Commercial" to Ocoee PUD, "Planned Unit Development."
SECTION 3. MAf. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
lP A Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
ORLA_1130574.1
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SECTION 7. SEVERABILITY. Ifany 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
ATTEST:
APPROVED:
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 ,2008
ADVERTISED ,2008
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
,2008 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
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ORLA_1130574.1
EXHIBIT "A"
LEGAL DESCRIPTION
THE SW 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
LYING SOUTH OF TURNPIKE RIGHT OF WAY, LESS LIMITED ACCESS RIGHT OF
WAY ON THE WEST, ORANGE COUNTY, FLORIDA.
TOGETHER WITH:
ROAD RIGHT OF WAY ON THE SOUTH AND LANDS PER AGREEMENT ORB. 5732,
PG. 3468
Also Known As:
Legal
Commence at the southwest corner of the northwest Y4 of Section 30, Township 22 South, Range
28 East; thence N89031 '26"E along the south line of the north Yz of said Section 30 3224.20 feet;
thence NOooOO'OO"E, 70.00 feet to the north right of way line of Tomyn Road and the Point of
Beginning; thence continue NOooOO'OO"E, 662.54 feet to a point on the south right of way line of
the Florida Turnpike; thence N89040'08"E along said south right of way line, 339.93 feet to a
point of curvature of a curve concave to the south; thence run easterly along said curve having a
radius of 4495.60 feet, a delta of 04059' 50" an arc distance of 392.1 0 feet to a point on the west
line of the southeast Y4, of the northeast Y4 said Section 30; thence SOOo 19' 41"E along said west
line 713.58 feet to a point on said south line north Yz Section 30; thence S89031 '26"W along said
south line 285.35 feet; thence SOo028'34"E, 1 06.79 feet to said northerly right of way line of
Tomyn Road and a curve concave to the southwest; thence run northwesterly along said curve
having a radius of 750.00 feet, a delta of 08006'26", a chord bearing of N64024'56"W an arc
distance of 106.12 feet; thence continue along said right of way line N68028'09"W, 80.62 feet;
thence N65043 '20"W, 143.29 feet; thence N72030'33"W, 1 03.35 feet to a point of curvature of a
curve concave to the southwest; thence run westerly along said curve having a radius of 166.48
feet, a delta of 17058'01" an arc distance of 52.21 feet to the Point of Beginning.
Said lands containing 12.34 acres more or less.
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EXHIBIT "B"
Fountains at Highland Park
Location Map
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