Item #10 Shoppes at the Village - Small Scale Comp. Plan Amednment Ordinance the Center of Good L/
OOZ
AGENDA ITEM STAFF REPORT
Meeting Date: October 19, 2010
Item #
Reviewed By:
Contact Name: J. Antonio Fabre, AICP Department Director:
Contact Number: 407 - 905 - 3100/1019 City Manager: / TJj _
Subject: Shoppes at the Village
Small -Scale Comprehensive Plan Amendment # CPA - 2008 -005
Commission District # 3 - Rusty Johnson
Background Summary:
On December 15, 2009, the City of Ocoee City Commission reviewed and approved a Small -Scale
Comprehensive Plan Amendment for Shoppes at the Village (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 Shoppes at the Village to provide for an adoption date
of 10 days after the adoption of this ordinance?
A_1630320.1
Staff Recommendation:
Staff recommends that the Mayor and City Commissioners (i) amend Ordinance No. 2009 -035 by adoption of
the Amendment to the Small -Scale Comprehensive Plan Amendment for Shoppes at the Village Ordinance
as presented, and (ii) direct the Clerk to insert the following text into Section 9 of Ordinance No. 2009 -032
(the rezoning ordinance for the Ocoee Town Shoppes property): "2009 -035, as amended by Ordinance No.
2010- 031."
Attachments:
Small -Scale Comprehensive Plan Ordinance;
Staff Report presented December 15, 2009 for "Shoppes at the Village" (Ordinance No. 2009 -035) 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_1630320.1
ORDINANCE NO. 2010-031
CASE NO. SSPCA 2008 -05: SHOPPES AT THE VILLAGE
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 -035 WHICH
AMENDED THE FUTURE LAND USE MAP TO REDESIGNATE FROM
"LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL
PROPERTY CONTAINING 0.911 ACRES (MORE OR LESS) LOCATED
NORTH OF AND ADJACENT TO SILVER STAR ROAD AND WEST OF
AND ADJACENT TO BLUFORD AVENUE, 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 -05 in order to
amend the Future Land Use designation of its property.
c. Amendment Number SSCPA- 2008 -05 constitutes a Small Scale Comprehensive
Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes.
d. On September 8, 2009, the City of Ocoee Local Planning Agency held an
advertised public hearing and recommended adoption of Amendment Number SSCPA- 2008 -05.
e. On December 15, 2009, the City Commission held an advertised public hearing
and passed Amendment Number SSCPA- 2008 -05 by Ordinance No. 2009 -035 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_1629784.1
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 -05 to revise the adoption date of Ordinance No. 2009 -035 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 - 035. Section 7 of City of Ocoee
Ordinance No. 2009 -035 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
. - - . - -- . .. • . - - , such date being
, 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 strieken are deletions and words which are underlined are additions. Except as
set forth above, Ordinance No. 2009 -035 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 and Ordinance No. 2009 -035 to the Department.
SECTION 5. Conflicts. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
2
ORLA_1629784.1
SECTION 6. Severabilitv. 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 1629784.1
`,e Center of Good Lfij
O E
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: Shoppes at the Village
Small -Scale Comprehensive Plan Amendment, Rezoning and Site Plan Waivers Requests
Case #(s) CPA - 2008 -005, RZ- 08 -11 -09 & SS- 2008 -005
Commission District # 2 — Rusty Johnson
Background Summary:
The Shoppes at the Village property is located on the northwest corner of Silver Star Road and Bluford
Avenue. The subject property physical address is 300 North Bluford Avenue. The subject site is approximately
0.91 acres in size and is zoned R -1AA (Single - Family Dwelling). The property is currently vacant,
undeveloped and moderately covered with a mixture of Maple, Cedar, China Berry and Oak trees. The table
below references the Jurisdiction, Future Land Use, Existing Land Uses and Zoning of the surrounding
properties.
DIRECTION: JURISDICTION / FUTURE LAND USE EXISTING LAND USE / ZONING
North City of Ocoee / Low Density Residential Residential / Single — Family Dwelling - R -1AA"
East City of Ocoee / Commercial Commercial / Community Commercial "C -2"
South City of Ocoee / Commercial Commercial / Community Commercial "C -2"
West City of Ocoee / Low Density Residential Residential / Single— Family Dwelling "R -IAA"
The "Ocoee Plaza" Shopping Center (Tropic Save Supermarket, Family Dollar, MetroPCS, Money Pawn,
H &R Block, et. al.) is located adjacent to the south across Silver Star Road. The existing adjacent land use to
the west is a convenience store (Handy Way /CITGO) with fuel operations.
The applicant /owner is requesting a Small -Scale Comprehensive Plan Amendment which consists of
classifying the subject parcel of land from "Low Density Residential" to "Commercial." The applicant /owner is
also requesting a designation of C -2 (Community Commercial) in order to accommodate for a small -scale
commercial development. The applicant has submitted a small -scale Site Plan that proposes the construction
of a 6,400 square feet commercial building, and details requests for four (4) waivers from the requirements of
the Land Development Code. Accordingly, the City Commission will not be acting on the Site Plan approval
because small -scale site plans are administratively approved. However, the City Commission will be acting
on the waivers requested.
The subject parcel is essentially proposed as an infill development and an extension of the existing
"Commercial" development pattern of that area. Policies 2.6 and 2.8 of the Future Land Use Element of the
Comprehensive Plan consider the subject parcel an infill development site. The Comprehensive Plan
promotes infill development areas by stipulating the streamlining of the permitting process for development
proposals and waivers from specific zoning requirements in infill areas.
Infill development is defined per the Comprehensive Plan as properties inside the urbanized portion of the
City which already have public services and infrastructure but have been skipped over in the development
process. Infill sites are generally limited to less than a few acres in size, and are generally located in an area
where the surrounding development is at least 15 -20 years old. The majority of properties in infill areas are
either vacant (such as the subject property) or are underutilized. Infill developments are advantageous to the
City since utilities and police /fire protection are easily accessible to the site.
In order to accommodate for the proposed small -scale development, the applicant /developer has requested
four (4) waivers from the Land Development Code. The first waiver that is being requested is to Section 5 -18,
B of the Land Development Code. This section of the Land Development Code requires landscape buffers to
be 25 -feet wide from residential properties. The applicant is proposing a 20 -feet wide landscape buffer with a
6 -foot high brick wall instead of the 25 -feet wide landscape buffer. The second waiver that is being requested
is to Section 5, Table 5 -2 of the Land Development Code. This section of the Land Development Code
requires one (1) acre minimum lot size for commercial property. The third waiver request by the applicant is a
15 -foot landscape buffer instead of the required 25 -foot landscape buffer along Silver Star Road. One of the
four criteria to justify the City Commission to grant waivers from the criteria of the Land Development Code is
if the project provides an offsetting public benefit which is technically sound and measurable. As justification
of the waiver request, the applicant has agreed to dedicate 10 feet of right -of -way along Silver Star Road,
preservation of three specimen trees, and improvement of Cumberland Avenue up to the rear property line.
Staff recommends approval of the waiver request as presented. After the City Commission takes action on
the waiver requests, Staff will continue review of the small -scale site plan detailing construction of the facility,
ensuring that it is consistent with all Land Development Code requirements except for any waivers that may
be approved by the City Commission.
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. Further, the zoning
ordinance and the small -scale Final Site Plan for Shoppes at the Village shall be approved subject to the
passage, adoption and effectiveness of the comprehensive plan amendment ordinance for Shoppes at the
Village.
Issue:
Should the Honorable Mayor and City Commissioners approve a Small -Scale Comprehensive Plan
Amendment ( "Low Density Residential" to "Commercial "), Rezoning from R -1AA (Single - Family) to C -2
(Community Commercial) and Site Plan Waivers for the Shoppes at the Village?
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on August 27, 2009 and reviewed the Small -Scale
Comprehensive Plan Amendment and Rezoning for Shoppes at the Village's property. There were written
staff comments that were presented from the Planning Division, Engineering Department, and City Attorney's
Office. However, it was collectively agreed that most of the comments pertained to the small -scale site plan
and thus were not required to be completed for the requested actions. The Applicant was reminded on the
requirement of a Title Report per the City Attorney's comment. The Applicant also agreed for the conveyance
of the 10 -foot wide right -of -way along Silver Star Road, as depicted on the small -scale Site Plan, based upon
the Comprehensive Plan.
When the discussion was finished, the DRC voted unanimously to recommend approval of the Small -Scale
Comprehensive Plan Amendment ( "Low Density Residential" to "Commercial ") and Rezoning (Single - Family
Dwelling "R -1AA" to Community Commercial "C -2 "), subject to resolving the comments mentioned at the
DRC meeting and conveyance of the 10 -foot wide right -of -way prior to the City Commission meeting.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed Small -Scale Comprehensive Plan
Amendment ( "Low Density Residential" to "Commercial "), and Rezoning (Single - Family Dwelling "R -1AA"
to Community Commercial "C -2 ") for Shoppes at the Village's property on September 8, 2009. City Staff
presented a brief overview of the project. City Staff and the Applicant answered several questions
regarding the possibility of assemblage of adjacent properties, commercial use of the area and existing
turnlanes adjacent to the site. 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 unanimously to recommend
approval of the Small -Scale Comprehensive Plan Amendment ( "Low Density Residential" to "Commercial ")
and Rezoning (Single - Family Dwelling "R -1AA" to Community Commercial "C -2 "), subject to resolving the
comments mentioned at the DRC meeting and conveyance of the 10 -foot wide right -of -way prior to the City
Commission meeting.
Subsequent to the P &Z Commission meeting, the applicant/owner has resolved all outstanding
will be recorded after
"v r the Special Warranty Deed which, accordingly, I b e
comments and has delivered ed p y g y,
passage, adoption and effectiveness of the Small -Scale Comprehensive Plan Amendment
Ordinance.
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 ( "Low Density
Residential" to "Commercial ") Ordinance. Furthermore, based on the recommendation of the DRC and
Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the
Rezoning (Single - Family Dwelling "R -1AA" to Community Commercial "C -2 ") Ordinance and Site Plan
Waivers from the Land Development Code, subject to 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;
Waiver Table;
Small -Scale Site Plan Layout for Shoppes at the Village date - stamped October 29, 2009.
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
Copy of Advertisement (that ran in the print media)
Date Published and Media Name
C G r 1C ? Sint -h n i h-urs c 0 oz) be r - 9 ;14)1_,
Advertisement or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING TO CONSIDER
THE SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT FOR SHOPPES AT THE VILLAGE
CASE NUMBER: CPA - 2008-005
NOTICE IS HEREBY GIVEN, pursuant to Sub-
section 1 -8 and 5 -9 of the Ocoee Land
Development Code and Section 186.041 of
the Florida Statutes that on TUESDAY, OCTOBER
19, 2010 AT 755 P.M. or as soon thereafter
as practical, the OCOEE Cf1Y COMMISSION
will hold a PUBLIC HEARING at the City of
Ocoee Commission Chambers located
at 150 North Lakeshore Drive, Ocoee,
Florida, to consider the Shoppes at the
Village Small Scale Comprehensive
Pion Amendment, located on the
northwest corner of the intersection of
Silver Star Road and Bluford Avenue.
The small-scale comprehensive plan
amendment consists of classifying the
subject property, approximately 0.911
acres, from Low Density Residential
to Commercial. The parcel identifica-
tion number is 18-22-28-4100-00-0160.
AN ORDINANCE OF THE CITY OF OCOEE, FLORI-
DA AMENDING THE OCOEE COMPREHENSIVE
PLAN AS ADOPTED IN 1991 AS AMENDED. AS
FOLLOWS: AMENDING ORDINANCE NO. 2009 -035
WHICH AMENDED THE FUTURE LAND USE MAP
TD REDESIGNATE FROM "LOW DENSITY RESI-
DENTIAL" TO "COMMERCIAL" CERTAIN REAL
PROPERTY CONTAINING 0.911 ACRES /MORE 00
LESS] LOCATED NORTH OF AND ADJACENT TO
SILVER STAR ROAD AND WEST OF AND ADJA-
CENT TO BLUFORD AVENUE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY
OWNER, IN ORDER TD AMEND THE ADOPTION
DATE AS DEFINED THEREIN; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Interested parties may appear at the
public to the smal
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 Department 150 North
Lakeshore Drive, Ocoee, Florida, be-
tween 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 io 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 further no-
tices regarding these matters will be
published. Any person wishing o 00
Peal heari (will mode a r of
the proceedings and for thls purpose
may need to ensure that a verbatim
record of the roceedings is mode
which includes the testimony and evi-
dence upon which the appeal Is based.
Persons with disabilities needing as-
sistance to participate In any of the
proceedings should contact the City
Clerk's Office 48 hours in advance of
the meeting at (407) 905-3105
Beth Eikenberry, City Clerk
Thursday, October 7, 2010
COR1091493 10/07/2010 !
Ic CrA