HomeMy WebLinkAboutItem 12 Ordinance for Amendment to the Ocoee Commons PUD and Ashton Park Final Subdivision Plan e Center of Good Ley
AGENDA ITEM COVER SHEET
Meeting Date: June 21, 2005
Item # 11,
Reviewed By:
Contact Name: J. Antonio Fabre, AICP Department Director:
Contact Number: 905-3100 X1019 City Manager:
Subject: Amendment to the Ocoee Commons PUD &Ashton Park FSP.
Background Summary:
The Applicant is requesting amendments to certain Conditions of Approval for the existing Ocoee Commons
PUD and Ashton Park Final Subdivision Plan. The amendments are comprised of changes to certain
residential lots (rear building setback, maximum impervious area and maximum building coverage) in the
Ashton Park subdivision. In addition, a redefinition of the conservation tract for the Ocoee Commons PUD
will also be incorporated in order to ensure a City dedicated "nature trail" system will be incorporated in the
future.
Issue:
Second and Final Reading of the ordinance regarding the Amendment to the Ocoee Commons PUD and
Ashton Park FSP.
Recommendations:
Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully
recommends that the Mayor and City Commissioners adopt an ordinance approving the Amendment to the
Ocoee Commons PUD and Ashton Park Final Subdivision Plan both date stamped received by the City on
May 4, 2005.
Attachments:
Location Map; Proposed Ordinance; Amended Ocoee Common PUD and Ashton Park Final Subdivision
Plan as date stamped received by the City on May 4, 2005.
Financial Impact:
N/A
Type of Item:
® Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
Z Ordinance Second Reading ❑ Public Hearing
O Resolution 0 Regular Agenda
® Commission Approval
0 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 ( ) ❑ N/A
Mayor ,Sbe enter of Good Lt Commissioners
S. Scott Vandergrift ,.,...14 Danny Howell, District 1
Scott Anderson. District 2
City Manager 0 _ `` Rusty Johnson. District 3
Robert Frank Nancy J. Parker. District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: J. Antonio Fabre, AICP, Senior Planner
THROUGH: Russ Wagner, AICP, Community Development Director
DATE: May 19, 2005
RE: Amendment to the Ocoee Commons PUD &Ashton Park FSP
Project#AP-02-02-01 &AP-02-03-01AA
Commission District#2—Scott Anderson
ISSUE
Should the Honorable Mayor and City Commissioners adopt an ordinance approving the Amendment to
the Ocoee Commons PUD and Ashton Park FSP?
BACKGROUND/DISCUSSION
The Ocoee Commons PUD, which encompasses +/-74 acres, was originally approved by the City
Commission on March 18, 2003. The Ocoee Common PUD, which includes "Ashton Park" the single-
family dwelling subdivision approved by the City Commission on April 6, 2004, is located at the
northeast quadrant of the intersection of State Road 50 and Blackwood Avenue. The Applicant is
requesting amendments to certain Conditions of Approval for the existing Ocoee Commons PUD and
Ashton Park Final Subdivision Plan. The amendments are comprised of changes to certain residential
lots (rear building setback, maximum impervious area and maximum building coverage) in the Ashton
Park subdivision. In addition, a redefinition of the conservation tract for the Ocoee Commons PUD will
also be incorporated in order to ensure a City dedicated "nature trail" system will be incorporated in the
future.
The Ocoee Commons PUD property has a mix of future land use designations: a Commercial
designation over the portion of the property located south of Shoal Creek, a Conservation designation
over the Shoal Creek wetland area, and a Low Density Residential designation over the portion of the
property located north of Shoal Creek.
The northern portion of the Ocoee Commons property is bounded on the east by the Hammocks
subdivision (R-1AA zoning), on the north by the Highlands subdivision (R-1AA zoning) as well as some
other single-family homes (R-1AA zoning), and on the west by the Shoal Creek subdivision (R-1AA
zoning). South of Shoal Creek, the property is bounded on the east by a large wetland area that is part
of the Shoal Creek system (C-2 zoning) and it is bounded on the west by a large vacant parcel (R-3
zoning) and the Lake Bennett Center(C-2 zoning).
As previously mentioned, this amendment will essentially change certain Conditions of Approval in the
previously approved Ocoee Commons PUD and Ashton Park Final Subdivision Plan. This amendment
to the PUD Land Use Plan can be better explained in two parts.
First, the Applicant is requesting to change the previously approved rear building setback from 30 feet to
25 feet in the single-family portion of the PUD (Ashton Park). Certain residential lots (8-12, 52-58 and
63-67) will remain with the previously approved 30 feet rear building setback. Due to the requested
shorter setbacks, the applicant is also proposing additional privacy fence along the lots that abut
neighboring residential lots impacted by the proposed setback. It should also be noted that lot 1-7 was
already approved for a rear building setback of 25 feet. Furthermore, it is requested that the maximum
impervious area increase from 50% to 55% on the residential lots. Certain residential lots (8-12, 29, 36,
40, 42, 45, 63-67 and 70-73) will remain with the previously approved maximum impervious surface area
of 50%. Finally, it is also requested that the maximum building coverage increase from 35% to 45% for
all single-family residential lots. Ultimately, the approval of the requested actions will allow the
homebuilder greater flexibility in the options, size, and configuration of homes that they can offer to
potential buyers.
Second, a greater redefinition of the conservation tract that has been dedicated to the City will be
incorporated in order to reflect the City dedicated "nature trail" system. Specifically, the developer is
delineating the division of the "Conservation Area" (Tract N), into two (2) smaller tracts. The
Conservation Area, which consists of approximately 9.77 acres of land, will separate a smaller tract
approximately 1.23 acres of land into a "Passive Recreation" tract (Tract N1). This ensures that the
wetland mitigation for St. Johns River Water Management District (SJWMD) is consolidated solely on
the Conservation Area. The Passive Recreation tract (Tract N1) has been dedicated for passive
recreation and for a future nature trail system.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The proposed Ocoee Commons PUD Amendment and the Ashton Park Final Subdivision Plan
Amendment were both reviewed by the Development Review Committee (DRC) on April 29, 2005.
According to the City's Land Development Code, alterations to an approved PUD Land Use Plan shall
be classified as either substantial or nonsubstantial by the DRC. The Committee determined that the
proposed amendment was considered a substantial amendment due to the criteria established in the
City's Land Development Code. Accordingly, the proposed substantial amendment will be presented at
a public hearing before the Planning and Zoning Commission and public hearings before the City
Commission.
There was only one outstanding issue to be addressed from the Planning Division that was identified in
the staff memorandum. Additionally, staff suggested that the developer provide new drawings that
graphically enhance and illustrate the requested actions for requisite presentations. When the
discussion was finished, the Committee voted unanimously to recommend approval of the proposed
Amendment to the Ocoee Commons PUD and Ashton Park Final Subdivision Plan.
The plans for both the Ocoee Commons PUD Amendment and Ashton Park Final Subdivision Plan
Amendment have now been revised to address all the concerns that were discussed at the DRC
meeting. For your review and consideration, the packet contains the effected sheets (only) in a bubble,
strikethrough and underline format.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On May 10, 2005, the Planning and Zoning Commission considered the proposed Amendment to the
Ocoee Commons PUD and Ashton Park Final Subdivision Plan. The City Staff and the Applicant for the
project answered questions regarding the extension of the fence, type of fence and impervious surface
maximums. Citizens from the audience asked several more questions about the proposal, including the
purpose for the reduced rear building setback, height of fence and stormwater drainage. Nevertheless,
all of the concerns mentioned were addressed appropriately in the P&Z meeting.
Finally, the P&Z Commission raised a concern about prospective home-site buyers acknowledgement of
different lot requirements. Therefore, the P&Z Commission advised the applicant to make every possible
effort to properly disclose the unique requirements of each lot to the prospective buyers. After finishing
its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the
Amendment to the Ocoee Commons PUD and Ashton Park Final Subdivision Plan both date stamped
received by the City on May 4, 2005.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully
recommends that the Mayor and City Commissioners adopt an ordinance approving the Amendment to
the Ocoee Commons PUD and Ashton Park Final Subdivision Plan both date stamped received by the
City on May 4, 2005.
Attachments: Ocoee Common PUD Location Map;
Proposed Ordinance;
Amended Ocoee Common PUD and Ashton Park Final Subdivision Plan as date stamped received by the City on
May 4, 2005.
Amendments to the Ocoee Common PUD
and Ashton Park Final Subdivision Plan
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SR 50 (W. COLONIAL DR)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
AMENDED LAND USE PLAN FOR THE OCOEE
COMMONS PUD, ON CERTAIN REAL PROPERTY
LOCATED APPROXIMATELY 331 FEET EAST OF THE
NORTHEAST CORNER OF THE INTERSECTION OF
STATE ROAD 50 AND BLACKWOOD AVENUE, AS
PETITIONED BY THE PROPERTY OWNER; AMENDING
THE AMENDED OCOEE COMMONS PUD LAND USE
PLAN TO PROVIDE FOR THE DIVISION OF TRACT "N"
INTO TWO SMALLER, SEPARATE TRACTS IDENTIFIED
AS TRACT "N" AND TRACT "Nl" AND APPROVING
REVISED CONDITIONS OF APPROVAL; 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 described in the Exhibit "A" has petitioned the City Commission
of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the
"Amendment") to the Amended Ocoee Commons PUD Land Use Plan, as approved by the Ocoee
City Commission on (the "Amended Land Use Plan");
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee("DRC") on April 29,2005;
WHEREAS,the DRC recommended approval of said Amendment;
WHEREAS, the Amendment was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee, Florida("PZC"); and
WHEREAS, on May 10, 2005, the PZC held an advertised public hearing and
recommended approval of the Amendment;
1 -1-
WHEREAS,the Ocoee City Commission held a de novo public hearing with public
notice thereof with respect to the proposed Amendment and this Ordinance on June 7, 2005; and
June 21, 2005.
WHEREAS, the Ocoee City Commission considered this Ordinance in accordance
with the procedures set forth in Section 166.041(3), Florida Statutes, and determined that this
Ordinance is consistent with the Ocoee Comprehensive Plan, as amended.
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 the Land Use Plan. The Second Amended Land
Use Plan, which is attached hereto as Exhibit "B" and by this reference incorporated herein, is
hereby approved, subject to the Conditions of Approval set forth in Section 3 below. Said Second
Amended Land Use Plan supercedes and replaces the previously approved Land Use Plans for the
Ocoee Commons PUD. All references to the Land Use Plan or the Amended Land Use Plan for the
Ocoee Commons PUD shall hereafter refer to the attached Second Amended Land Use Plan.
SECTION 3. Conditions of Approval. The property described in Exhibit
"A" hereto shall be developed in accordance with and subject to the Conditions of Approval set
forth in the Second Amended Land Use Plan. Notwithstanding anything herein to the contrary, in
the event of any conflict between the Second Amended Land Use Plan referenced in Section 2
above and the Conditions of Approval,the Conditions of Approval shall control.
1 -2-
SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, as amended.
SECTION 5. Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are hereby repealed and rescinded.
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
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 20_.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL) ADVERTISED ,20_
READ FIRST TIME ,20_
READ SECOND TIME AND ADOPTED
,20_
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 20 .
FOLEY& LARDNER LLP
By:
City Attorney
-3-
EXHIBIT "A"
Legal Description
(OVERALL METES & BOUNDS LEGAL DESCRIPTION)
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 28 EAST; RUN THENCE N89'28'55"W A DISTANCE OF 995.69 FEET; RUN
THENCE N00'23'10"E A DISTANCE OF 69.51 FEET TO THE NORTHERLY RIGHT OF
WAY LINE OF COLONIAL DRIVE (STATE ROAD 50), SAID POINT ALSO BEING THE
POINT OF BEGINNING; THENCE N89*23137"W ALONG SAID NORTHERLY RIGHT OF
WAY LINE A DISTANCE OF 331.93 FEET TO THE SOUTHEAST CORNER OF LAKE
BENNET CENTRE AS RECORDED IN PLAT BOOK 35, PAGES 126 AND 127, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N00'21'46"E ALONG THE EAST
LINE OF SAID LAKE BENNET CENTRE A DISTANCE OF 1281.33 FEET; THENCE
N88'4849"W A DISTANCE OF 8.45 FEET TO THE CENTERLINE OF CALIFORNIA
AVENUE; THENCE NO0'38'39"E ALONG SAID CENTERLINE A DISTANCE OF 1127.25
FEET; THENCE S88'11134"E A DISTANCE OF 30.01 FEET TO A POINT ON THE
WEST LINE OF LOT 17, TOWN OF OCOEE, AS RECORDED IN PLAT BOOK A, PAGES
100 THROUGH 101, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; N00'38'39"E
ALONG SAID WEST LINE A DISTANCE OF 170.19 FEET TO THE SOUTH RIGHT OF
WAY LINE OF GENEVA STREET; THENCE S88'21'09"E ALONG SAID SOUTH RIGHT OF
WAY LINE A DISTANCE OF 667.17 FEET; THENCE N00'33'04"E A DISTANCE OF
30.01 FEET TO THE CENTERLINE OF GENEVA STREET; THENCE S88'21'09"E ALONG
SAID CENTERLINE A DISTANCE OF 637.11 FEET; THENCE SO0'27'27"W ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 20 A DISTANCE OF 1989.29
FEET; THENCE N89'09'40"W A DISTANCE OF 332.18 FEET; THENCE SOO'26'01"W A
DISTANCE OF 596.59 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF COLONIAL
DRIVE (STATE ROAD 50); THENCE N89'23'37"W ALONG SAID NORTHERLY RIGHT OF
WAY LINE A DISTANCE OF 663.86 FEET TO THE POINT OF BEGINNING.
CONTAINS 3,236,147 SQUARE FEET OR 74.2917 ACRES MORE OR LESS.
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EXHIBIT "B"
[Insert Amended Land Use Plan]
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Os
Copy of Public Hearing Advertisement
Date Published
�� w THURSDAY, JUNE 9, 2005 H13L
Advertisement
CRY OF OCOEE
NOMI OFOltiC REARING
THE
Amendment to the Ocoee Common
PUD/Ashton Park Final Subdivision
Plan
AP-02-02-01
AP-02-0301AA
NOTICE IS HEREBY GIVEN,pur-
suant to Section 4-3 A.(3)(b),Ocoee
Land Development Code,that on
Tuesday,June 21,2005,at 7:15 p.m.,
or as soon thereafter as practical,
the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING at
the Ocoee City Commission Cham-
bers, 150 North Lakeshore Drive,
Ocoee,Florida,to consider the pro-
posed Amendment to the Ocoee
Commons PUD and Ashton Park
Final Subdivision Plan,located at
the north east quadrant of the inter-
section of State Rood 50 and Block-
wood Avenue.If approved,certain
single-family residential lots will in-
corporate a change to their rear
building setbacks, maximum im-
pervious area and maximum build-
ing coverage. In addition, if ap-
proved, a redefinition of
conservation tracts will be incorpo-
rated
ncorpo-
rated in order to provide for a City
dedicated'nature trail'easement.
The City Commission will review
and may take action concerning the
proposed Amendment to the Ocoee
Commons PUD and Ashton Park
Final Subdivision Plan,based upon
the recommendation of the Plan-
ning and Zoning Commission and
the Development Review Commit-
tee and with its conformance with
the requirements of the Ocoee Land
Development Code.
The complete case file,including a
complete legal description by metes
and bounds, may be inspected at
the Ocoee Community Development
Deportment,150 North Lakeshore
Drive,Ocoee,Florida,between the
hours of 8:00 a.m.and 5:00 p.m.,
Monday through Friday,except le-
gal holidays.
The City Commission may continue
the public hearings to other dates
and times,as it deems necessary.
Any interested party shall be ad-
vised that the dates, times, and
places of any continuation of these
or continued public hearings shall
be announced during the hearings
and that no further notices regard-
ing these matters will be published.
Interested parties may appear at
the public hearing and be heard
with respect to the proposed
Amendment to the Ocoee Commons
PUD and Ashton Pork Final Subdi-
vision Plan.Any person wishing to
appeal any decision made during
the public hearings will need a re-
cord of the proceedings and for this
purpose may need to ensure that a
verbatim record of the proceedings
is made which includes the testimo-
ny and evidence upon which the ap-
peal is based.Persons with disabili-
ties needing assistance to
ishio�uld contact the f Citproceed-
ings k
Office 48 hours in advance of the
meeting at(407)905-3105
BETH EIKENBERRY, CITY
CLERK
OLS621 1918 6,/2005