Item #09 Ocoee Town Shops - Small Scale Comp. Plan amendment Ordinance ter of Good L � v ��
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AGENDA ITEM STAFF REPORT
Meeting Date: October 19, 2010
Item #
Reviewed By: �
Contact Name: J. Antonio Fabre, AICP Department Director: ',%v, /
Contact Number: 407 - 905 - 3100/1019 City Manager:
AC
Subject: Ocoee Town Shops
Comprehensive Plan Amendment # CPA - 2008 -003
Commission District # 2 - Rosemary Wilsen
Background Summary:
On December 1, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Ocoee Town Shoppes (the "Previous Amendment "). For your
reference, a copy of the staff report for the Previous Amendment is attached hereto. At the time of
approval of the Previous Amendment, the City was prohibited from adopting comprehensive plan
amendments because it had not yet submitted its required Evaluation and Appraisal Report
( "EAR ") to the Florida Department of Community Affairs ( "DCA "). Accordingly, the Previous
Amendment provided for a deferred adoption date related to the City's adoption of its EAR, its
submission of the EAR to DCA and its receipt of an initial determination of sufficiency from DCA.
On September 21, 2010, the City of Ocoee City Commission adopted and authorized transmission
of its EAR to DCA. Based on the Previous Amendment ordinance, the adoption date could be after
the November 2 election. If Amendment No. 4 passes, the effect on the comprehensive plan
amendment is uncertain. Since comprehensive plan amendments may be adopted at such time as
the EAR has been transmitted to DCA, City Staff recommends that the City Commission pass an
ordinance amending the Previous Amendment in order to provide for an adoption date 10 days
after passage of this ordinance. This will allow the Comprehensive Plan Amendment to be sent to
the DCA prior to the November 2 election.
Additionally, the Previous Amendment had a companion rezoning ordinance. This was adopted
with a blank into which the ordinance number for the comprehensive plan amendment was to be
inserted. Direction to staff is needed to reference the prior ordinance as amended by the attached
ordinance.
Issue:
Should the Honorable Mayor and City Commissioners amend the previously approved Small -Scale
Comprehensive Plan Amendment Ordinance for the Ocoee Town Shops to provide for an adoption date of
10 days after the adoption of this ordinance?
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4_1629798.2
Staff Recommendation:
Staff recommends that the Mayor and City Commissioners (i) amend Ordinance No. 2009 -034 by adoption of
the Amendment to the Small -Scale Comprehensive Plan Amendment for Ocoee Town Shoppes Ordinance
as presented, and (ii) direct the Clerk to insert the following text into Section 9 of Ordinance No. 2009 -031
(the rezoning ordinance for the Ocoee Town Shoppes property): "2009 -034, as amended by Ordinance No.
2010- 030."
Attachments:
Small -Scale Comprehensive Plan Ordinance
Staff Report presented December 1, 2009 for "Ocoee Town Shoppes" (Ordinance No. 2009 -034) w /out attachments.
Financial Impact:
None.
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading X Public Hearing
Resolution Regular Agenda
X 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. X N/A
Reviewed by ( ) N/A
A_1629798.2
ORDINANCE NO. 2010-030
CASE NO. SSPCA 2008 -03: OCOEE TOWN SHOPS
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE
OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED,
AS FOLLOWS: AMENDING ORDINANCE NO. 2009 -034 WHICH
AMENDED THE FUTURE LAND USE MAP TO REDESIGNATE FROM
"PROFESSIONAL OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN
REAL PROPERTY CONTAINING 3.39 ACRES (MORE OR LESS) LOCATED
NORTH OF AND ADJACENT TO STATE ROAD 50 AND WEST OF AND
ADJACENT TO CLARKE ROAD, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER, IN ORDER TO AMEND THE
ADOPTION DATE AS DEFINED THEREIN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; 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
( "Ocoee Comprehensive Plan").
b. The Property Owner initiated Amendment Number SSCPA- 2008 -03 in order to
amend the Future Land Use designation of its property.
c. Amendment Number SSCPA- 2008 -03 constitutes a Small Scale Comprehensive
Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes.
d. On March 10, 2009, the City of Ocoee Local Planning Agency held an advertised
public hearing and recommended adoption of Amendment Number SSCPA- 2008 -03.
e. On December 1, 2009, the City Commission held an advertised public hearing
and passed Amendment Number SSCPA- 2008 -03 by Ordinance No. 2009 -034 which provided
for a deferred adoption date in compliance with Section 163.3187(6)(a), Florida Statutes, which
prohibits the amendment of a local government's comprehensive plan after the date established
by the state land planning agency for adoption of its evaluation and appraisal report unless it has
submitted its report to the state land planning agency as prescribed by 163.3191, Florida Statutes.
f. On September 21, 2010, the City Commission adopted its evaluation and
appraisal report ( "EAR ") as prescribed by 163.3191, Florida Statutes and directed the submission
ORLA_1627164.1
of the same to the Florida Department of Community Affairs (the "Department ") as the state
land planning agency.
g. On _ 2010, the Development Services Director submitted the
adopted EAR to the Department.
h. The City Commission desires to pass this ordinance regarding Amendment
Number SSCPA- 2008 -03 to revise the adoption date of Ordinance No. 2009 -034 as defined
therein to be the same as the effective date of this Ordinance.
i. 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. 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 3. Amendment to Ordinance No. 2009 - 034. Section 7 of City of Ocoee
Ordinance No. 2009 -034 is hereby amended as follows:
Section 7. At the time of the public hearing on this Ordinance,
pursuant to Section 163.3187(6)(a), Florida Statutes, the City of
Ocoee is prohibited from amending its comprehensive plan until it
has adopted and submitted its evaluation and appraisal report
( "EAR ") to the Florida Department of Community Affairs (the
"DCA ") as prescribed by Section 163.3191, Florida Statutes.
Accordingly, this Ordinance shall not be considered as having been
adopted by the City Commission of the City of Ocoee until the
the date on which the EAR has been
adopted and submitted to the DCA and the D m ade an
. - - . - --- . .. - . - - - , such date being September
, 2010 (the "Adoption Date "). The Adoption Date shall be
inserted in this Ordinance by the City Clerk as the date of adoption
by the City Commission of the City of Ocoee. At such time as this
Ordinance is adopted as aforesaid, a copy of this Ordinance shall
be transmitted to the DCA.
Words which are stricken are deletions and words which are underlined are additions. Except as
set forth above, Ordinance No. 2009 -034 remains unchanged.
SECTION 4. City Commission's Designee. The Development Services Director is
hereby authorized and directed as the designee of the City Commission to transmit this
Ordinance No. 2009 03
4 Department.
to the De
Ordinance and O p
SECTION 5. Conflicts. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
2
ORLA_1627164.1
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective ten (10) days after
its passage and adoption.
PASSED AND ADOPTED this day of October, 2010.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED
READ FIRST TIME
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 , 2010.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_1627164.1
e__ceennter of Good L
AGENDA ITEM STAFF REPORT
Meeting Date: December 1, 2009
Item #
Reviewed By.:
Contact Name: Antonio Fabre, AICP Department Director:
Contact Number: 407 - 905 - 3100/1019 City Manager:
Subject: Ocoee Town Shops
Comprehensive Plan Amendment # CPA - 2008 -003
Rezoning / PUD Land Use Plan - Project # RZ- 08 -08 -05
Preliminary Subdivision /Site Plan - Project # LS- 2008 -006
Commission District # 2 — Rosemary Wilsen
BACKGROUND SUMMARY:
The subject site is approximately 3.39 acres in size and is located on the northwest corner of Clarke Road
and W. Colonial Drive (SR 50). The property is currently zoned Professional Offices & Services (P -S) with
a Future Land Use designation of "Professional Offices & Services" which allows for a Floor Area Ratio of
3.0. The subject property is currently vacant, undeveloped and heavily wooded containing a mixture of
Oak, Laurel, Ear, Chinaberry and Palm trees.
The future land use and zoning classifications of the surrounding properties:
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 existing land use to the west is "Commercial" (Kane's Furniture Store) and to the north is vacant with a
proposed commercial (Oaks Commerce Center) development. Both projects are part of the existing
Goodman Center Subdivision. To the east across Clarke Road is an existing large -scale shopping center
(Michaels, Pet'sMart, The Vitamin Shoppe, etc.). To the south across W. Colonia Drive (SR 50) is the on-
and off -ramps for the East -West Expressway (SR 408).
The (small - scale) Comprehensive Plan Amendment consists of classifying approximately 3.39 acres parcel
from "Professional Offices & Services" to "Commercial." Essentially, the subject parcel is proposed as an
extension of the existing "Commercial" development of the area. The Applicant /Owner is also requesting a
"Planned Unit Development" (PUD) zoning in order to accommodate a mixed -use commercial
development. Therefore, a Land Use Plan for the PUD zoning and a Preliminary Site /Subdivision Plan has
also been submitted by the Applicant.
The Land Use Plan proposes a mixture of uses which are Commercial, Retail, Restaurant, Restaurant w/ a
drive -thru facility, Medical Offices, and Financial Services. All other uses are proposed to be prohibited.
The Preliminary Subdivision Plan proposes three (3) commercial lots, which are sized to fit the proposed
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building structures. All of the lots will be serviced by a common tract (Tracts "A "). Tract "A" will address the
requisite infrastructure (access, parking, sidewalks, landscaping, etc.) improvements. The Preliminary Site
Plan proposes 3 one -story structures with a total gross floor area of 30,443 square feet. The allocation for
the total square footage for each use proposed is: 16,358 square feet of Commercial, 4,500 square feet of
Financial Services /Commercial /Drive -thru Restaurant, and 9,585 square feet of Restaurant space.
Several oak trees at the peripheral and rear of the property are scheduled to be preserved as reflected on
the Tree Protection and Removal Plan. In addition, there are some trees at the proposed landscape islands
including the main entrance island (30" Oak) that are scheduled to be preserved. At this preliminary stage,
23 approved trees are proposed to be protected. Accordingly at Final Site Plan, the tree protection will be
further evaluated with the Landscape Plan in order to optimize the tree preservation program for the site.
As stated earlier, the subject site is located on the northwest corner of Clarke Road and W. Colonial Drive
(SR 50). Both roadways are designated as arterials roads. There is an existing left -turn lane on Clarke
Road that is planned to be used for the project's main entrance. Accordingly, storage capacity for this turn
lane will be analyzed during Final Site Plan approval. Water, sanitary sewer, reclaimed water, solid waste
and police & fire protection will all be provided by the City.
"Planned Unit Development" (PUD) zoning allows for a tailored development program. The waivers
requested on the Waiver Table are the major differences of this project compared to a project built on a
conventional zoned district. The first five (5) waivers pertain to the entire project. They are listed on a
waiver table on the coversheet for your review and consideration. 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 and removal of existing utility poles
on SR 50.
Waivers 6 -10 are requested due to the lots being designed for single site structures. Access, parking,
sidewalks, and landscaping for the lots are provided via Tract "A ". 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. Staff
recommends approval of the requested waivers as presented.
Finally, the applicant was made aware that the Comprehensive Plan Amendment (CPA) cannot be
transmitted to Department of Community Affairs (DCA) for final processing until the EAR (Evaluation
Appraisal Report) for the City of Ocoee has been adopted and submitted to DCA and DCA has made an
initial determination of sufficiency with respect thereto, regardless of whether the EAR has been
determined to be insufficient. Accordingly, the comprehensive plan amendment ordinance has been
drafted so that, if passed, it will be adopted seven days after the EAR has been submitted to DCA, and
shall become effective thirty -one days after adoption if no one has filed a petition with the Division of
Administrative Hearings in accordance with 163.3187(3). The zoning ordinance has been drafted so that it
becomes effective at the same time as the comprehensive plan amendment ordinance and the
development agreement will become effective at the same time as the zoning ordinance. Further, the
zoning ordinance, the development agreement and the Preliminary Subdivision /Site Plan for Ocoee Town
Shops shall be approved subject to the passage, adoption and effectiveness of the comprehensive plan
amendment ordinance for Ocoee Town Shops.
ISSUE:
Should the Honorable Mayor and City Commissioners approve a Small -Scale Comprehensive Plan
Amendment ( "Professional Offices & Services" to "Commercial ") Ordinance, PUD Land Use Plan /Rezoning
Ordinance and Preliminary Subdivision /Site Plan for the Ocoee Town Shops?
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DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 25, 2009 and reviewed the Small -Scale
Comprehensive Plan Amendment ( "Professional Offices & Services" to "Commercial "), Rezoning /PUD
Land Use Plan and Preliminary Subdivision /Site Plan for Ocoee Town Shops. There were comments to be
addressed from the City Attorney's Office that were identified in a written staff memorandum and presented
verbally. All of the comments were discussed and agreed to be completed by the applicant. The Applicant
felt confident that the Development Agreement and all requisite documents will be 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 Small -Scale
Comprehensive Plan Amendment ( "Professional Offices & Services" to "Commercial "), PUD Land Use Plan
and Preliminary Subdivision /Site Plan, subject to resolving the City Attorney's remaining comments before
the City Commission meeting.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Small -Scale Comprehensive Plan
Amendment ( "Professional Offices & Services" to "Commercial "), Rezoning /PUD Land Use Plan and
Preliminary Subdivision /Site Plan for Ocoee Town Shops on March 10, 2009. City Staff presented a brief
overview of the project. City Staff and the Applicant answered several questions regarding tree protection,
parking demand, stormwater exfiltration system, elevation of the property, and the waivers requested for
the project. All of these questions were addressed adequately in the P &Z meeting. There was no one from
the public to speak regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (4 -1) of
the Small -Scale Comprehensive Plan Amendment ( "Professional Offices & Services" to "Commercial "),
Rezoning /PUD Land Use Plan and Preliminary Subdivision /Site Plan as date - stamped received by the City
on December 24, 2008.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Small -Scale Comprehensive Plan Amendment ( "Professional
Offices & Services" to "Commercial ") Ordinance, subject to the City Commission approval of the Right -of-
Way Vacation for the northern adjacent Unnamed Road. Furthermore, based upon the recommendation of
the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners
approve the Rezoning /PUD Land Use Plan Ordinance, Development Agreement for Ocoee Town Shops, and
Preliminary Subdivision /Site Plan for Ocoee Town Shops date - stamped received by the City on December
24, 2008, subject to the City Commission approval of the Right -of -Way Vacation for the northern adjacent
Unnamed Road and the passage, adoption and effectiveness of the Small -Scale Comprehensive Plan
Amendment Ordinance, pursuant to Sections 7 & 8 of that ordinance.
ATTACHMENTS:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
Small -Scale Comprehensive Plan Ordinance;
Rezoning Ordinance;
Development Agreement for Ocoee Town Shops;
PUD Land Use Plan and Preliminary Subdivision /Site Plan for Ocoee Town Shops date - stamped December 24, 2008.
A_1454735.2
FINANCIAL IMPACT:
None.
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X 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. X N/A
Reviewed by ( ) N/A
A_1454735.2
Copy of Advertisement (that ran in the print media)
Date Published and Media Name
CE C) rlcx.4 - 04) S int, ,�z , -sd6 ;
c -1 ba r ` �-� ,aG t �
Advertisement or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
TO CONSIDER THE SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT FOR
OCOEE TOWN SHOPS
CASE NUMBER: CPA -2008 -003
NOTICE IS HEREBY GIVEN pursuant to Sub-
section 1 -8 and 5 -9 of the Ocoee Land
Development Code and Florida Stat-
utes 166.041 that on TUESDAY, OCTOBER 19,
2010 AT 79 ! 5 M. or as soon thereafter as
practical, the OCOEE CITY COMMISSION
will hold a PUBUC HEARING at the City of
Ocoee Commission Chambers located
at 150 North Lakeshore Drive, Ocoee,
Florida to consider the Ocoee Town
Shops Small Scale Comprehensive
Plan Amendment, located on the
northwest corner of Clarke Road and
West Colonial Drive (SR -50). The
small -scale comprehensive plan
amendment consists of classifying ap-
proximately 3.39 acres of the subject
property from Professional Office &
Services' to 'Commercial ". The par-
cel identification number is 21- 22 -28-
6328-00-070.
AN ORDINANCE OF THE CITY OF OCOEE, FLORI-
DA AMENDING THE OCOEE COMPREHENSIVE
FOLLOWS: AMENDING ORDINANCE NO 2 -0
WHICH AMENDED THE FUTURE LAND USE MAP
TO REDESIGNATE FROM "PROFESSIONAL OF-
FICES & SERVICES" TO "COMMERCIAL," CER-
TAIN REAL PROPERTY CONTAINING 3.39 ACRES
JACENT TO STAiE ROAD 50 AND WEST AND AND
ADJACENT TO CLARKE ROAD, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROP-
ERTY OWNER IN ORDER TO AMEND THE
ADOPTION DALE AS DEFINED THEREIN; PRO-
VIDING FOR CONFLICTS PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
Interested parties may appear at the
public hearing and be heard with re-
spect to the small -Scale Comprehen-
sive Plan Amendment. The complete
case file, including a complete legal
description by metes and bounds, may
be Inspected at the Ocoee Develop-
ment Services Deportment /Planning
Division 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 con-
tinue the public hearing to other dates
and times, as it deems necessary. Any
interested party shall be advised that
the dates, times, and places of any
continuation of these or continued pub-
lic hearings shall be announced during
the hearings and that no furthe no-
tices regarding these matters will be
published. Any person wishing to ap-
peal any decision made during 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 evi-
dence upon which the appeal Is based.
Persons with disabilities needing as-
sistance toparticipate in any of the
proceedings r
ffie u
should a d van ce of
the meeting at (407) 905 -3105.
Beth Eikenberry, City Clerk
Thursday, October 7, 2010
COR1091496 10/07/2010
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