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HomeMy WebLinkAboutIII (H) Second Reading and Public Hearing: Ordinance No 95-03, rezoning certain lands to Planned Unit Development and approving a Land Use Plan for the Lake Lotta Center PUD AGENDA 1-26-95 Item III H "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" .O oee S.SCOTT VANDERGRIFT O .ry O COMMISSIONERS ► CITY OF OCOEE RUSTY JOHNSON +r J Q. PAUL W.FOSTER 0 150 N.LAKESHORE DRIVE SCOTT A.GLASS n� C:_ a 4.2OCOEE,FLORIDA 34761-2258 JIM GLEASON y�F \=J � (407)656-2322 CITY MANAGER Of G000 ELLIS SHAPIRO SRP-468 STAFF REPORT DATE: January 20 , 1995 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, Director of Planning pp' SUBJ : Lake Lotta Center PUD Ordinance No. 95-03 PUD Land Use Plan Plans Date Stamped by the City January 20 , 1995 Development Agreement Project No. 94-012 ISSUE : 1) Should the Honorable Mayor and City Commissioners adopt Ordinance No . 95-03 which repeals the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezones the property which is the subject of the application in Project No. 94-012 to Planned Unit Development and in connection therewith approve the new Lake Latta Center PUD Land Use Plan, including the Conditions of Approval and waivers set forth therein? 2) Should the Mayor and City Commissioners approve a Development Agreement in connection with the Lake Lotta Center PUD? BACKGROUND: The Lake Lotta Center PUD is located north of S.R. 50 and south of White Road along Clarke Road. The PUD Land Use Plan was initially submitted for City review on June 20 , 1994 . In order to conform the Plan to all DRI and City Land Development Code requirements , the owner submitted a number of sufficiency responses and attended numerous meetings with the City Staff and its consultants to resolve all issues raised. The Land Use Plan presented for Gl( Is Lake Lotta Center, PUD Land Use Plan January 20 , 1995 Page 2 consideration reflects and is compatible with the proposed Development Order for the Lake Lotta Center DRI bearing print date January 20 , 1995 . The PUD is also consistent with the proposed Comprehensive Plan Amendment Future Land Use Map change proposed for this site in connection with Ordinance No . 95-03 and Case No. 2-9-93 . Approval of Ordinance No. 95-03 and the Lake Lotta Center PUD Land Use Plan constitutes a rezoning of the property and would replace the existing Lake Lotta. PUD Land Use Plan which currently regulates the development of the property. ANALYSIS : This is a combined staff report which addresses two separate agenda items as set forth in the listing of issues to be considered. Separate action is required on each item. A public hearing is not required in connection with the proposed Development Agreement, but the City Commission should receive public comment . The Lake Lotta Center PUD provides for the development of a retail center constituting a Gross Leasable Area of 275 ,000 square feet, 200 multi-family dwelling units and 151 single family dwelling units . The project is planned to be developed in two phases on three parcels encompassing 99 . 25 acres . Phase I incorporates all residential uses , and Phase II of the project will involve the retail portion of the development . Uses permitted within the retail portion of the project are consistent with the proposed DRI Development Order. Specific development standards pertaining to the entire project are also called out on the Plan, and an extensive list of Conditions of Approval will also regulate the future development of the site. Major features of the proposed Land Use Plan are summarized below: • Additional rights-of-way are to be dedicated for future improvements to Clarke Road and White Road. • The Owner , Lake Lotta Ltd. , will provide a $250 ,000 cash contribution to assist the City in reducing the existing curvature of White Road just west of Clarke Road. • An extensive traffic monitoring and modeling program will be required prior to development of Phase II of the project to identify roadway and intersection improvements necessary to mitigate impacts generated. Lake Lotta Center, PUD Land Use Plan January 20 , 1995 Page 3 • The single family residential portion of the project forms a transitional buffer between the proposed retail uses of both DRI 's and the existing single family neighborhoods north and west of the development . • The multi-family portion of the project is accessible through the Lake Lotta Mall project , and there will be no access to Good Homes Road. • Provisions have been made to permit the existing multi- family land situated west of the retail parcel and under different ownership to gain access through the project to Clarke Road. This may result in the elimination of the need for the adjacent land to tie into the existing street stub situated within the Hammocks subdivision. • All building setbacks along roadways and adjoining residential areas are consistent with City Land Development Code standards . Also, special setback provisions contained within the original Lake Lotta PUD are maintained to protect the Rosehill subdivision. • Extensive landscape buffers are provided along Clarke Road and White Road. Additionally, screening walls are specified to be constructed ahead of development where retail and multi-family uses abut existing/proposed single family uses . • Lighting within retail areas will be limited to 40 ' in height , and all lighting emanating from retail and multi- family uses will be shielded from adjoining single family developments . • The existing shoreline and wetlands surrounding Lake Lotta will be preserved within a conservation area. A number of waivers have been requested by the owner as part of the PUD Land Use Plan approval . These include 1) a request to slightly reduce parking requirements in the multi-family portion of the project; 2) a request to increase permitable cul-de-sac lengths; 3) a request to provide hedges for screening instead of berms; 4) a request to forego preparation of a detailed stormwater management plan until Preliminary Subdivision Plans are submitted; 5) a Lake Lotta Center, PUD Land Use Plan January 20 , 1995 Page 4 request to provide zero setbacks for buildings on individual lots within the retail center; and 6) a request to increase the permitted height of screening walls . The proposed PUD Land Use Plan is consistent with the Ocoee Comprehensive Plan, as amended by Ordinance No . 95-01 , and the proposed Development Order for the Lake Lotta Center DRI . Also any approval of the proposed PUD Land Use Plan will become effective only if the proposed Development Order for the Lake Lotta Center DRI becomes effective. The Ocoee Land Development Code requires that a development agreement be executed in connection with the granting of PUD zoning . The development agreement must incorporate all plans and conditions of approval . The provides a mechanism to place in the public records the conditions of approval required by the City . The various local agreements between the City and the Developer have been incorporated into the conditions of approval which are set forth in the PUD Land Use Plan and the proposed Development Agreement . Attached hereto is a proposed Development Agreement which complies with the requirements of the Land Development Code . PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held a Special Meeting January 12 , 1995 to conduct an advertised Public Hearing on the Lake Lotta Center PUD Land Use Plan (see attached draft minutes) . After input from the developer, staff , and a variety of citizens , the Planning and Zoning Commission voted unanimously to find the Lake Latta Center PUD Land Use Plan to be consistent with the Ocoee Comprehensive Plan as proposed for amendment in Case No . 2-9-93 and the proposed Lake Lotta Center DRI Development Order, and recommended that the City Commission approve the request to repeal the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezone the property which is the subject of the application in Project Nc . 94-012 to Planned Unit Development , and in connection therewith, approve the Lake Lotta Center PUD Land Use Plan, including the Conditions of Approval and waivers set forth `.herein, all subject to the adoption of the proposed amendment to the Ocoee Comprehensive Plan in Case No . 2-9-93 and approval of a DRI Development Order for the Lake Lotta Center DRI . Lake Lotta Center , PUD Land Use Plan January 20 , 1995 Page 5 STAFF RECOMMENDATION : In prior action on December 22 , 1994 , the DRC also approved the proposed Lake Lotta Center PUD Land Use Plan as submitted on that date, subject to a number of final changes which have been incorporated . In response to the changes recommended by the DRC and Planning and Zoning Commission, the developer has modified the proposed Plans to conform to these approvals . Accordingly, staff respectfully recommends that the Mayor and City Commissioners in separate actions : 1) Adopt Ordinance No . 95-03 , authorizing execution thereof by the Mayor and City Clerk . 2 ) Approve the proposed Development Agreement (Lake Lotta Center PUD) between Lake Lotta , Ltd. and the City, subject to Ordinance No . 95-01 , the Development Order for the Lake Lotta Center DRI and Ordinance Nc . 95-03 all becoming effective . REW/emk Attachment AGENDA 1-26-95 ITEM III H ORDINANCE NO. 95-03 (PROJECT NO. 94-012) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA REPEALING THE CURRENT LAKE LOTTA PUD ZONING AS APPROVED BY ORDINANCE NO. 88-58 ON NOVEMBER 22, 1988 WITH RESPECT TO CERTAIN REAL PROPERTY LOCATED NORTH OF S.R. 50, SOUTH OF WHITE ROAD, AND BOTH EAST AND WEST OF CLARKE ROAD; REZONING SAID LANDS TO A NEW PUD, PLANNED UNIT DEVELOPMENT; REPEALING THE CURRENT LAKE LOTTA PUD LAND USE PLAN AND APPROVING A NEW LAND USE PLAN FOR LAKE LOTTA CENTER PUD; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has applied to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property to PLANNED UNIT DEVELOPMENT (PUD) DISTRICT and in connection therewith approve a land use plan for a project to be constructed on said real property, said project being known as the "Lake Lotta Center PUD"; and WHEREAS, pursuant to Section 4-5 of Article IV and Section 5-9.B of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code") , the Planning Director and the Development Review Committee have reviewed and approved said application and determined that the rezoning requested by the Applicant and the proposed land use plan for the Lake Lotta Center PUD are consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28 which was adopted September 18, 1991, and subsequently amended by Ordinance No. 94-19 adopted on June 21, 1994 and by Ordinance No. 95-01 adopted on the same date as this Ordinance (the "Ocoee Comprehensive Plan") ; and WHEREAS, said rezoning and land use plan were scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission") ; and WHEREAS, the Planning and Zoning Commission has reviewed said zoning application and land use plan for consistency with the Ocoee Comprehensive Plan and on January 12, 1995 held an advertised public hearing in connection therewith; and WHEREAS, following an advertised public hearing, the Planning and Zoning Commission determined that the rezoning and land use plan requested by the Applicant are consistent with the Ocoee Comprehensive Plan and are in the best interest of the City and recommended to the Ocoee City Commission that it repeal the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezone said real property which is the subject of the application in Project No. 94-012 to PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, as requested by the Applicant, and in connection therewith approve the new Lake Lotta Center PUD Land Use Plan, including the Conditions of Approval and waivers set forth therein; and WHEREAS, on January 26, 1995, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed rezoning of said real property and the proposed land use plan for the Lake Lotta Center PUD; and WHEREAS, the Ocoee City Commission has determined that the rezoning requested by the Applicant and the proposed land use plan for the Lake Lotta Center PUD are consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedure 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 ONE. 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 Chapters 163 and 166, Florida Statutes. SECTION TWO. Repeal of Current Zoning. Ordinance No. 88-58, as approved by the Ocoee City Commission on November 22, 1988, is hereby repealed as it relates to the following described parcel of land located within the corporate limits of the City of Ocoee, Florida: See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as "the Property") . This Ordinance and Ordinance No. 95-02 repeal Ordinance No. 88-58 in its entirety. SECTION THREE. Rezoning. The Property is hereby rezoned to PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, as defined in the Land Development Code of the City of Ocoee, subject to the provisions of Section Five of this Ordinance. SECTION FOUR. Repeal of Current Land Use Plan. T h e current Lake Lotta PUD Land Use Plan is hereby repealed as it relates to the Property, said Land Use Plan consisting of the Lake Lotta Planned Development Preliminary Master Plan dated September 22, 1988, the Lake Lotta P.D. Land Use Summary and the Conditions of Approval for the Lake Lotta Planned Development, all as set forth and described in that certain Development Agreement dated November 22, 1988 between the City of Ocoee, Florida and Lake Lotta, Ltd. , as recorded on June 1, 1989 in Official Records Book 4085, Page 223 of the Public Records of Orange County, Florida. This Ordinance and Ordinance No. 95-02 repeal the current Lake Lotta PUD Land Use Plan, as described in this Section Four, in its entirety. SECTION FIVE. New Land Use Plan. The following new Land Use Plan for the Property, including the waivers set forth therein, is hereby approved, subject to the conditions of approval set forth therein and further subject to a development agreement incorporating all plans and conditions of approval by reference: That certain Land Use Plan for the Lake Lotta Center PUD dated November 1994 as revised thru January 17, 1995 and date stamped as received, by the City on January 20, 1995 and consisting of the following cover sheet and five (5) additional sheets: --- Cover Sheet for Lake Lotta PUD Land Use Plan Sheet 1: PUD Land Use Plan for Parcel 1 & 2 Sheet 2 : PUD Land Use Plan for Parcel 3 & 4 Sheet 3 : Conditions of Approval Sheet 4: Conditions of Approval Sheet 5: Boundary Sketch (revised 1/19/95) The above described new Land Use Plan is attached hereto as Exhibit "B" and by this reference made a part hereof (hereinafter referred to as the "Lake Lotta Center PUD Land Use Plan") . SECTION SIB. Comprehensive Plan. The Ocoee City Commission hereby finds the new zoning of the Property as set forth in Section Three hereof and the Lake Lotta Center PUD Land Use Plan as set forth in Section Five hereof to be consistent with the Ocoee Comprehensive Plan, as amended by Ordinance No. 95-01. SECTION SEVEN. 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 zoning amendments 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 EIGHT. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. 3 a SECTION NINE. 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 TEN. Effective Date. This Ordinance shall become effective on the later of (1) the date that the Development Order for the Lake Lotta Center Development of Regional Impact becomes effective as provided in Part IIIA) thereof, said date being simultaneous with or subsequent to the effective date of Ordinance No. 95-01, or (2) the date that Ordinance No. 95-02 becomes effective. PASSED AND ADOPTED this day of , 1995. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED January 15, 1995 THE CITY OF OCOEE, FLORIDA READ FIRST TIME January 17, 1995 APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED this day of January, 1995. AT A SPECIAL MEETING HELD ON , 1995, UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 4 EXHIBIT "A" (Page 1 of 4) PARCEL "B" (Comprised of Parcels 1 and 2) DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, recorded in Plat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South line for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09" W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39" E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet; thence run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of 162.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly having a radius of 605.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 30°41'03" for a distance of 324.00 feet; thence run N 89°45'04" E for a distance of 535.58 feet to the West Right-of-Way line of Clarke Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet; thence run S 00°10'51" W for a distance of 562.45 feet to the point of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run EXHIBIT "A" (Page 2 of 4) Southwesterly along the arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet; thence run S 41°31'50" W for a distance of 70.59 feet; thence run N 48°28'10" W for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 20.00 feet; thence run S 48°28'10" E for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 1291.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65°57'24" W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°11'36" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. Containing 63.936 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND EXHIBIT "A" (Page 3 of 4) PARCEL 3 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the East 1/4 corner of said Section 21; thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21 for a distance of 1670.96 feet; thence run N 00°04'18" W along the East line of the West 3/4 of the Southwest 1/4 of said Northeast 1/4 of Section 21 for a distance of 878.68 feet to the POINT OF BEGINNING; thence continue N 00°04'18" W along said East line for a distance of 407.16 feet to the South Right-of-Way line of White Road; thence run S 89°42'3 " W along said South Right-of-Way line for a distance of 908.37 feet to the East Right- of-Way line of Clarke Road; thence run S 44°56'43" W along said East Right-of-Way line for a distance of 63.90 feet; thence run S 00°10'51" W along said East Right-of-Way line for a distance of 354.31 feet; thence run S 89°49'09" E for a distance of 955.13 feet to the POINT OF BEGINNING. Containing 8.810 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND EXHIBIT "A" (Page 4 of 4) PARCEL 4 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida and ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, as recorded in Plat Book "E", Page 52 of the Public Records of Orange County, Florida, being described as follows: Commence at the East 1/4 corner of said Section 21, thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21, for a distance of 1336.77 feet to the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21,- thence run S 00°14'27" W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet; thence run N 89°32'59" E along the North line of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES for a distance of 90.63 feet to the POINT OF BEGINNING; thence continue N 89°32'59" E along said North line for a distance of 1226.53 feet to the Northeast corner of said Tract 17; thence run S 00°26'33" W along the East line of said Tract 17 and the Southerly prolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3, Block "A" of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89°26'02': W along said South line of Lot 3, Block "A" and the Easterly prolongation for a distance of 1223.25 feet to a point which lies N 89°26'02" E, a distance of 180.83 feet distant from the Southwest corner of said Lot 3, Blbck "A"; thence run: N 00°14'27" E for a distance of 944.21 feet to the POINT OF BEGINNING. Containing 26.514 acres more or less and being subject to any rights-of-way, restrictions and easements of record. THE ABOVE DESCRIBED PROPERTY CONSISTING OF PARCELS B, 3 AND 4 TOTALING 99.26 ACRES, MORE OR LESS. EXHIBIT "B" A copy of the PUD Land Use Plan has been separately distributed and is not physically attached to this Ordinance. The original Ordinance will include a copy of the PUD Land Use Plan as approved by the City Commission. C:\WPSI\DO(S\OCOE\IATrA\ORD03.REV I1t21/95 I DEBBIEHIPER:h