HomeMy WebLinkAboutItem VII (A) 2.First Reading of Ordinance No. 98-24, Westridge PUD Rezoning Agenda 9-15-98
Item VII A 2
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
Ocoee
COMMISSIONERS
o� CITY OF OCOEE DANNY HOWELL
Or-44 SCOTT SCOTT ANDERSON
150 N.LAKESHORE DRIVE
Co 11 SCOTT
OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS
NANCY J.PARKER
(+y> .;:����v (407)656-2322
CITY MANAGER
E4 Of GO0�` ELLIS SHAPIRO
STAFF REPORT
DATE: September 9, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis,AICP, Senior Planner
THROUGH: Russ Wagner,AICP, Director of Planning /
SUBJECT: Westridge PUD
Land Use Plan Amendment
Ordinance No. 98-24
Case#91-002A(97)
ISSUE:
Should the Mayor and City Commissioners approve Ordinance No. 98-24 providing for a Revised Land
Use Plan for the Westridge PUD?
BACKGROUND:
The subject property is located at the southeast corner of the intersection of Maguire Road and Moore
Road and currently has PUD zoning. The adjacent properties to the south and west have residential and
agricultural zoning and are currently vacant. The Plantation Grove PUD (mixed use) is located to the
north and is partially developed. The property to the east has residential zoning and existing residential
uses.
The application being considered is a request to amend the currently approved Westridge PUD Land Use
Plan. The current Land Use Plan includes only low density residential uses (245 units), with appropriate
recreation and wetland conservation areas. The proposed amendment would take 9 acres of the residential
area, located at the intersection of Maguire Road and Moore Road, and change the use to commercial,
leaving 214 units of low density residential. There are also a few proposed changes to the PUD
Conditions of Approval.
DISCUSSION:
When the attached Revised Land Use Plan for the Westridge PUD was reviewed by the Development
Review Committee(DRC)on August 19, 1998,there were several issues which had not yet been resolved
to the satisfaction of the reviewers. A memo from Martha Formella (Assistant City Attorney) listed
several items related to that Plan and the associated application documents which still needed to be
addressed. There was also a memo from the Planning Department listing seven items which, in the
opinion of the reviewers, should be incorporated into the Revised Land Use Plan.
04
s
September 9, 1998
Mayor and City Commissioners
Page 2
During the DRC meeting, the various issues to be resolved were discussed with the developer prior to a
motion being made on a recommendation. The developer indicated that he would address all the items
from the City Attorney. He also indicated that he would agree to one of the seven items listed in the
memo from the Planning Department (item # 6 listed below), but he was opposed to incorporating the
other six items into the Revised Land Use Plan.
The DRC determined that all the conditions discussed should be incorporated into the Revised Land Use
Plan. The Committee voted unanimously to recommend approval of the Revised Land Use Plan, date
stamped received by the City on July 20, 1998, subject to satisfactorily addressing all the comments from
the City Attorney, and subject to incorporating all seven conditions listed below as part of the City
Commission approval. The attached Land Use Plan,dated September 3, 1998, is identical to the Land Use
Plan which was reviewed by the DRC on August 19, 1998.
1) That proposed additional right-of-way to be dedicated for 7th Avenue along the eastern edge of the
site should not be identified as a tract, but simply identified as additional right-of-way.
Accordingly,Condition 22 on Sheet 2 should read as follows(this Condition is consistent with the
currently approved Westridge PUD):
"The Developer will dedicate sufficient right-of-way to Orange County for a 60'
wide 7th Avenue when combined with the existing right-of-way along the entire
eastern boundary of the PUD. Dedication of 7th Avenue right-of-way shall be
required at the time of platting, or within 60 days of written notice from the City,
which ever occurs first. With the exception of roadway, utilities and sidewalks,
construction shall be prohibited within the proposed 7th Avenue right-of-way and
the existing dirt road except as required to connect to Orange County's water and
sewer systems?'
2) That a second three-lane entrance to the development from Moore Road be provided to line up
with the existing entrance to the Cross Creek subdivision (this Condition is consistent with the
currently approved Westridge PUD).
3) That Condition 6 be revised to indicate generally what amenities will be provided in the Park /
Recreation area. Accordingly,the Condition should read as follows(this Condition is consistent
with the currently approved Westridge PUD):
"To meet Ocoee PUD requirements, 3.0 acres to be owned and maintained by
Homeowners' Association. Amenities to include clubhouse,tennis,pool and tot-
lot, or other amenities approved by the City with the Final Subdivision Plan'.'
4) That the entry point to the commercial parcel off the main entrance road needs to be moved back
to a point at least 400' from Maguire Road (this would be a full access point), unless a traffic
study approved by the City determines that a lesser distance would be adequate. This would
accommodate left turn lanes in both directions,for vehicles turning left into the commercial parcel
and for those turning left onto Maguire Road. A right-in/ right-out entrance to the commercial
parcel could be located closer to Maguire Road.
5) That the note which refers to the 10 foot wall easement along Moore Road and 7th Avenue be
revised to read: "...with 6'brick wall", rather than "...with 6'block wall".
September 9, 1998
Mayor and City Commissioners
Page 3
6) That a 35' radius be provided for additional right-of-way at the intersection of Maguire Road and
Moore Road (from the new Maguire Road line). This "corner clip" is needed to allow for a
sidewalk and utilities to run around the corner.
7) That a pedestrian access point between the Westridge PUD and the adjacent property to the south
be provided. Accordingly, a note should be provided indicating that the exact location of the
access point will be determined with the Preliminary Subdivision plan for that portion of the site.
The Orange County School Board is considering locating a school site in this vicinity and this
pedestrian access will be necessary to allow school children to walk to school without going out
onto the main streets.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting on September 8, 1998, the Planning and Zoning Commission held a Public
Hearing regarding the Proposed Land Use Plan Amendment to Westridge PUD. After lengthy discussion
pertaining to the seven items recommended by the DRC and after hearing responses from the developer,
the Planning and Zoning Commission voted 3-2 to recommend approval of the Proposed PUD
Amendment in accordance with the Staff recommendation. Of most concern to opposing members of the
Planning and Zoning Commission were the provisions requiring the dedication of rights-of-way along 7th
Avenue and Maguire Road.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning and Zoning Commission, Staff respectfully
recommends that the Mayor and City Commissioners adopt Ordinance No. 98-24 providing for a
Revised Land Use Plan for the Westridge PUD (Case # 91-002A (97), as date stamped received by
the City on September 3, 1998,subject to the following Conditions:
• That the developer satisfactorily address all the comments from the City Attorney in the
attached memo from Martha Formella(dated July 29, 1998);
• That all seven Conditions listed above in this staff report be incorporated into the Revised
Land Use Plan approved by the City Commission;
• That the City Commission approve the Small Scale Comprehensive Plan amendment
currently being considered,which would change the designation of 9.0+1-of this property to
commercial,and the ordinance becoming effective.
• That the City Commission authorize the Mayor and City Clerk to execute a new Developer
Agreement which incorporates all the Conditions of Approval adopted as part of the
Revised Land Use Plan for the Westridge PUD.
• That the Orange County Commission approve an amendment to the Belmere PD Developer
Agreement which is acceptable to the City. A copy of that proposed amendment shall be
provided to the City for approval prior to final action by the Ocoee City Commission on the
Westridge PUD amendment. The Belmere PD amendment should accomplish the following:
i. All multifamily residential uses anywhere in the Belmere development would be
prohibited, except that adult congregate living facilities would not be considered a
multifamily use for the purposes of this prohibition;
September 9, 1998
Mayor and City Commissioners
Page 4
ii. Any subsequent amendment to the foregoing provision of the Belmere PD Developer
Agreement would not be effective unless approved by Orange County at an
advertised public hearing; and
iii. The City of Ocoee would receive at least thirty (30) days prior notice of any such
public hearing.
Attachments: Revised Westridge PUD Land Use Plan,date stamped September 3,1998
Memo from Martha Formella dated July 29,1998
Ordinance No. 98-24
C:\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98043.doc
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FQLEY & LARDNE 'Y�' =��e-.: s, . _t
ATTORNEYSAT LAW - ,-' t :�,. i
JUL 2' er Ari
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POST OFFICE BOX 2i$3 /MEl ANGEGO
CHICAGO ORLANDO.FLORIDA 22802-2191 ^p
JACKSONVILLE 4 1 1 >{ Inc n r. r r TALLAHASSEE
LOS ANGELES 111 NORTH ORANGE AVENUE.SUITE 1*OOH TAMPA
ORLANDO.FLORIDA 32801-2306 WASHINGTON D.C.
MU MILWAUKEE TELEPHONE(4071 423-7656 WEST PALM D.C.
FACSIMILE(871 X174]
ACH
SACRA84ENT0
WRITER'S DIRECT LINE
MEMORANDUM
TO: Ellen M. King, Development Review Coordinator
FROM: Martha H. Formella, Esq. , Assistant City Attorney
DATE: July 29, 1998
RE:
Weetri a PUD - Land Use Amendment
In connection with the above referenced application, we
have reviewed the following documents:
1 . Revised Land Use1998
12, repared by Glatting Jackson et al.
revised Juneand stamped received by the City of
Ocoee July 20, 1998 (the "RLUP") ;
2 . Response letter from Charles H. True of Donald W.d
McIntosh Associates, Inc. daed Julee Jul , 19298 and19sta8 ed
received by the City of
"Response") ;
3 . Letter from Gordon S. Nutt of GSN Development Company
dated July 20, 1998 and stamped received by the City of
Ocoee July 20, 1998;
4. Draft Warranty Deed stamped received by the City of Ocoee
July 20, 1998; and
5. Draft Developer Agreement stamped received by the City of
Ocoee July 20, 1998 .
This memorandum supersedes our memoranda dated December
1o, d 7 and May 18an t1o9the Hased new Landon our review of Devel Development Code,he documents
we have the
noted above pursuant t
following comments:
ESTAOLISHEO 1142
...T::.T.Tv..■.... . Ms.na..Fw4H
. ,UT.Lam•..PAIIIi-SwQA►M(.SYNWEAAT A.0 YAWN n..�Tarns Pb1T 4?A IAb.D. CS:ST 96/a/LO
ion
1. The City has received conflicting t foll
ows:or at Land LanUsed reg
the ownership of the Proper y
amendment application, Title Opinion dated November 4,
1997, and draft Warranty Deed identify Gordon S. Nutt,
individually and as trustee as the owner;
Developer
owner Agreemeidentifies
Please conform theGSN dvcDu Development CCompany as
the
2. A revised draft Warranty Deed as well as a blacklined
version are attached. (See Comment 1 above - please
advise if the owner is incorrect) . Since prorated taxes
conveyance must be escrowed
pursuant
will not besubject to nv196.295,
taxes.
Statutes, t
e
3 . regadin provide
property tax documentation
conveyed tong the oCity
eg
inch g luding the amount per day. See Fla. Stat. § 196.295.
inc
4. Comments on the draft Developer
Aon Qw nth the nt will
follow
under separate cover. In connection
Agreement, au tt Titleseort or note that the legal
ey's Title
Opinion is required.
description on the Title Opinion dated November 4, 1997
is inconsistent with the legal descriptions reconciled by
the Surveyor's Certification. (A letter from Dean, Mead
et al. updating the prior opinion is will satisfy the
title requirement provided that the legal description
discrepancy is corrected. ) Please confirm that the
property to be conveyed to the City is included within
the legal description attached to the Title Opinion.
5. Please standardize references
references in Conditions"Developer
Agreement" , including thoseof
Approval 20, 27, 25, and 29. Since the amended hDhe Roper
Agreement will be approved contemp
oranreferences such as "revised" and "proposed" should be
deleted.
6. City Staff should verify the legal ears it than setcforth
in the draft Warranty Deed. It app
beginning with "LESS" should be deleted.
7. CityrStaff should confirm
matches that
legal description on
the RLUP approved Certification
City on April 23., 1992.
the RLUP by
S. City Staff should determine whether Condition of Approval
22, which changrsthethe
Second Developer1Agreementations �isd1ng
7th Avenue under
2
•
1 __ n�•r nan Ana A nA•AT
00/Q7/lA
acceptable.
if you have any questions or comments, please do not
hesitate to call.
Attachments CityAttorney
cc: Paul E. Rosenthal, Esq. ,
•
•
3
••
nat nsn OR/122/1_A
This Instrument Prepared By:
Stephen J. Bozarth, Esquire
DEAN. MEAD. EGERTON, BLOODWORTH,
CAPOUANO & BOZARTH, P.A.
Post Office Box 2346
Orlando, Florida 32902-2346
(407) 841-1200
Return to:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
(407) 656-2322
PARCEL IDENTIFICATION NO. :
y, R R ANTY DEED
THIS WARRANTY DEED made the —_ day of _
1998, by GORDON S. NUTT, individually and as Trustee of a land
trust (the "Trust") created pursuant to Section 689.071, Florida
Statutes, and existing under and by virtue of the provisions of an
unrecorded trust agreement known and designated as the GORDON S.
NUTT REVOCABLE TRUST, dated the 11th day of December, 1984, whose
post office address is 7651-i Ashley Park Court, Suite 404,
Orlando, Florida 32835 (hereinafter referred to as the "Grantor") ,
to THE CITY OF OCOEE, a Florida municipal corporation, whose post
office address is 150 North Lakeshore Drive, Ocoee, Florida 34761
(hereinafter referred to as the "Grantee") :
(wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns
of individuals, and the successors and assigns of trustees. corporations and
partnerships.)
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms
- -- 00•a7i)A
unto Grantee, all that certain real property (hereinafter referred
to as the "Property") situate, lying and being in Orange County,
Florida, and being more particularly described as follows:
The West 20 feet of North 1/2 of the Southwest 1/4 ofSection
32, Township 22 South, Range 28 East, Orange County,
da.
TOGETHER with all of the tenements, hereditaments and
appurtenances thereto belonging
or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of the Property in fee simple; that the Grantor has
good right and lawful authority
to sell and convey the Property,
and hereby warrants the title to the Property and will defend the
same against the lawful claims of all persons claiming by, through
or under the Grantor, but against no others.
Grantor certifies that on the date of execution, delivery
and recordation of this instrument, neither Grantor nor any member
of Grantor' s family resided upon any portion of the Property, or
any real property contiguous thereto. The Property is not the
constitutional homestead of the Grantor. The constitutional
homestead of Grantor is located at 11940 Lake Butler Boulevard,
Windemere, Florida 34786.
IN WITNESS WHEREOF,- Grantor has executed and delivered
this instrument and has intended this instrument to be and
become
effective as of the day and year first above written.
....-n. oaia7/L11
Signed, sealed and delivered witnesses:
dintthe GRANTORpresence of the following
Print Name: GORDON S. NUTT, individually and as
Trustee of the Gordon S. Nutt
Revocable Trust
Print Name:_
(Witness)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
. 1998. by GORDON S. NUTT. individually and in his capacity as Trustee
of the Gordon S. Nutt Revocable Trust. Said person (check one) is personally
known to me, produced a driver's license (issued by a state ftheUnited
ed
States within the last five (5) years) as identification, or produced
identification, to wit:
'Print Name:
Notary Public, State of Florida
COmmiseiou No.:
My Commission Expires:
•Tafn.f P61T 060 1116.27_ OC:CT 4R/R2/LO
This Instrument Prepared By:
Stephen J. Sozarth, Esquire
DEAN, MEAD, EGERTON, BLOODWORTH,
CAPOUANO & BOZARTH, P.A.
Post Office Box 2346
Orlando, Florida 32802-2346
(407) 941-1200
Return to:
Jean ra tonj City Clerk
C TY G E
0 N. ashore Drive
1ee
Z+Ioida
656r2322 .
PARCEL IDENTIFICATION NO.:
yARE8HTY DEED
THIS WARRANTY DEED made the day of •
1998, by GORDON S. NUTT, individually and as Trustee of a land
trust (the "Trust") created pursuant to Section 689.071, Florida
Statutes, and existing under and by virtue of the provisions of an
unrecorded trust agreement known and designated as the GORDON S.
NUTT REVOCABLE TRUST, dated the 11th day of December, 1984, whose
post office address is 7651-E Ashley Park Court, Suite 404,
Orlando, Florida 32835 (hereinafter referred to as the "Grantor") ,
to THE CITY OF OCOEE, a [FlorzdaJ municipal corporation, whose post
office address is 150 North Lakeshore Drive, Ocoee, Florida 34761
(hereinafter referred to as the "Grantee") :
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns
of individuals. and the successors and assigns of trustees, corporations and
partnerships.)
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms
___ _ _ _ ... ...,......�.. .. ra,n� nR►r own ,nRn_ ►ever Oa/R7_/LA
unto Grantee, all that certain real property (hereinafter referred
to as the "Property") situate, lying and being in Orange County,
Florida, and being more particularly described as follows:
The West 20 feet of North 1/2 of the Southwest 1/4 of Section
32, Township 22 South, Range 28 East, Orange County, Florida
reihttil of way} .TOGETHER with all of the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of the Property in fee simple; that the Grantor has
good right and lawful authority to sell and convey the Property,
and hereby warrants the title to the Property and will defend the
same against the lawful claims of all persons claiming by, through
or under the Grantor, but against no others.
Grantor certifies that on the date of execution, delivery
and recordation of this instrument, neither Grantor nor any member
of Grantor's family resided upon any portion of the Property, or
any real property contiguous thereto. The Property is not the
constitutional homestead of the Grantor. The constitutional
homestead of Grantor is located at 11940 Lake Butler Boulevard,
Windemere, Florida 34786.
IN WITNESS WHEREOF, Grantor has executed and delivered
this instrument and has intended this instrument to be and become
effective as of the day and year first above written.
___ ____ .. .............. .. .....n• nweT Awn enwA en•nT oRia7/lf1
Signed. sealed and delivered in the GRANTOR
presence of the following two witnesses:
CORDON S. NUTT, individually and as
Print Name: Trustee of the jGordotL S. Nutt
Esz2s222Trust
print Name:
(witness)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged betore..me this day of
, 1998, by GORDON S. NUTT, individually and in his capacity) s asrTrnatee
of the Gordon S. Nutt Ruse le Trust. Said ivez s license
suedn eck by a�state of the united
knownStates
tow me, pro uce a ears) as identification. or produced other
States within the last five (5) y .
identification. to wit:
Print Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
•
•
•
kistJTDERD NEW17121.91t033ST►464211,06:met
-_- _--- -- ---- n..r n.n ,n.11.7 ee•er 4512/R7//A
ORDINANCE NO. 98-24
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
REVISED LAND USE PLAN FOR THE WESTRIDGE PUD,
ON CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MAGUIRE ROAD AND
MOORE ROAD, AS PETITIONED BY THE PROPERTY
OWNER; AMENDING THE WESTRIDGE PUD REVISED
LAND USE PLAN TO ALLOW FOR COMMERCIAL USES
AND TO REVISE THE CONDITIONS OF APPROVAL
RELATED TO THE DEVELOPMENT OF THE
WESTRIDGE PUD; 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 certain
amendments (the "Amendment") to the Westridge PUD Revised Land Use Plan, as approved
by the Ocoee City Commission on April 21, 1992 (the "Revised Land Use Plan");
WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of
Ocoee, Florida (the "Ocoee City Code"), the Planning Director has reviewed said petition and
determined that, subject to the incorporation of certain revisions recommended by the City, the
Amendment is consistent with the City of Ocoee Comprehensive Plan, as amended by
Ordinance No. 98-23 (the "Ocoee Comprehensive Plan");
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on August 19, 1998;
-1-
WHEREAS, the DRC voted unanimously to recommend approval of the
Amendment, subject to certain revisions thereto;
WHEREAS, the Amendment was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee ("PZC") on September 8, 1998;
WHEREAS, the PZC reviewed the Amendment for consistency with the Ocoee
Comprehensive Plan and determined that, subject to certain revisions to the proposed
Amendment, the Amendment is consistent with the Ocoee Comprehensive Plan and is in the
best interest of the City and has recommended to the Ocoee City Commission that it approve
the Amendment, along with certain revisions recommended by the PZC, and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing
with public notice thereof with respect to the proposed Amendment, and this Ordinance which
incorporates the revisions recommended by the PZC;
WHEREAS, the Ocoee City Commission has determined that this Ordinance 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), Florida
Statutes.
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.
-2-
SECTION 2. Amendment to the Revised Land Use Plan. The Revised
Land Use Plan for Westridge PUD date stamped received by the City on September 3, 1998 as
prepared by Donald W. McIntosh Associates, Inc. under Job Number 97194.0003, including
the waivers set forth thereon, 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 and further subject to the execution of a developer agreement incorporating by
reference the foregoing Revised Land Use Plan and incorporating the Conditions of Approval
set forth in Section 3 below. The City Clerk is hereby directed to conform said Revised Land
Use Plan so as to be consistent with the Conditions of Approval set forth in Section 3 below.
Said plan, as conformed by the City Clerk, supercedes and replaces all previously approved
land use plans for the Westridge PUD. All references to the Land Use Plan or the Revised
Land Use Plan for the Westridge PUD shall hereafter refer to the aforementioned 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
attached hereto as Exhibit "C" and by this reference made a part hereof. Notwithstanding
anything herein to the contrary, in the event of any conflict between the Revised Land Use
Plan referenced in Section 2 above and the Conditions of Approval, the Conditions of
Approval shall control.
SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 6. Effective Date. This Ordinance shall become effective the
date that the Comprehensive Plan Amendment (Case No. SSCPA 97-003) adopted as
Ordinance No. 98-23 becomes effective
-3-
PASSED AND ADOPTED this day of , 1998.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED September 24, 1998
READ FIRST TIME September 15, 1998
READ SECOND TIME AND ADOPTED
, 1998
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this _ day of , 1998.
FOLEY & LARDNER
By:
City Attorney
-4-
EXHIBIT "A"
Legal Description
The North ' of the Southwest '/a of Section 32, Township 22 South, Range 28 East, Orange
County, Florida, LESS the West 40.00 feet and the North 40.00 feet for road rights-of-way.
Containing 76.938 acres more or less and being subject to any rights-of-way, restrictions and
easements of record.
-5-
EXHIBIT "B"
[Insert Revised Land Use Plan]
-6-
EXHIBIT "C"
Conditions Of Approval
1. MINIMUM BUILDING SETBACKS: Front 20 feet
Rear 20 feet
Side 7.5 feet
Corner 17.5 feet
2. MAXIMUM BUILDING HEIGHT: Two stories/35 feet
3. MINIMUM PARKING: Commercial Per Ocoee Code for use
Residential 2 spaces per unit
4. MAXIMUM LOT COVERAGE: 40 % of lot area for building and 50% of lot
area for impervious coverage.
5. MINIMUM OPEN SPACE: 25% of minimum
Retention unfenced 7.6 acres±
Park 3.0 acres±
Wetland 14.2 acres±
6. PROJECT RECREATION AREA: To meet Ocoee PUD requirements, 3.0 acres to
be owned and maintained by Homeowners'
association.
Amenities to include clubhouse, tennis, pool
and tot-lot, or other amenities approved by
the City with the Final Subdivision Plan .
7. SCHOOL AGE POPULATION: 150 students
8. PROJECT TRAFFIC GENERATION: Single Family 2140 trips
Commercial/office 4500 trips
9. PERIPHERAL BUILDING SETBACKS: 25 ft. and 30 ft. from project boundaries for
one and two-story structures respectively.
50 ft. from Maguire Road new right-of-way
35 ft. from Maguire Road right-of-way
25 ft. from 7th Avenue new right-of-way
25 ft. buffer with 50 ft. building setback
between residential and commercial/office
10. WATER SERVICE AND FIREFLOW: By Orange County Public Utilities
11. SANITARY SEWER SERVICE: By Orange County Public Utilities
12. STORMWATER MANAGEMENT: Onsite system per Ocoee and St. Johns River
Water Management District requirement with
discharge to positive outfall to wetland area.
Retention ponds 7.6 ± acres
-7-
13. STREETS & DRAINAGE: The residential portion of Westridge shall be a
private gated community with the Homeowner's
Association owning and maintaining the streets
and drainage facilities to be built to City
standards.
14. TURN LANES: The need for turn lanes at approximate locations
shown on the RLUP will be confirmed with a
traffic study which will be conducted with
PSP. The exact locations of all access points
will be shown on PSP.
15. PROPOSED LAND USES: Commercial/Office
Total area: ±9 acres
Proposed gross floor area: 90,000 SF
FAR: .23
Max. building height: 35 feet, 2 stories
Commercial setbacks: F: 25'
S: 10'
R: 20'
Abutting Residential Use: 50'
Buffer Adjacent Residentia1:25 ft. wall/landscape
Buffer to be owned and maintained by
commercial property owner.
Residential SF: Est. 214 Lots
Net 3.99 units/acre
16. MINIMUM LOT SIZE: Residential: 60 feet x 105 feet
17. MINIMUM NET LIVING FLOOR AREA: Residential: 1200 square feet
18. A homeowners' association shall be created for ownership and maintenance of all common areas,
conservation areas, open space, recreation areas, retention ponds and private streets and drainage.
19. The City is subject to the terms, provisions and restrictions of F.S. Section 163 concerning
moratoriums on issuance of building permits under certain circumstances. The City has no lawful
authority to exempt any private entity or itself from the application of such state legislation and nothing
herein shall be construed as such exemption.
20. Developer will dedicate 20 feet of additional right-of-way on east side of Maguire Road by deed
to be recorded in accordance with the terms of the revised Developer Agreement.
21. Project will be developed in three (3) phases. Limits of each phase to be determined at PSP
approval.
22. The Developer will dedicate sufficient right-of-way to Orange County for a 60' wide 7th
Avenue when combined with the existing right-of-way along the entire eastern boundary of the
PUD. Dedication of 7th Avenue right-of-way shall be required at the time of platting, or
within 60 days of written notice from the City, which ever occurs first. With the exception of
roadway, utilities and sidewalks, construction shall be prohibited within the proposed 7th
Avenue right-of-way and the existing dirt road except as required to connect to Orange
County's water and sewer systems.
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23. All homeowners' association documents and declarations of covenants and restrictions shall be
provided to the City for approval prior to recording the first plat.
24. Roadway locations shown on revised land use plan are conceptual. Final locations and lot layout
to be determined at PSP approval.
25. The commercial/office parcel shall conform to the C-2 zoning development standards of the City
of Ocoee, except for residential which will meet the standards for residential in this plan.
26. No more than two flag lots to be located adjacent to each other. The minimum lot width of flag
lots at right-of-way shall be 20 feet with the narrow extension not to exceed 100 feet in length.
27. At the time of platting the first phase of this development, or as determined by the City of Ocoee
to be warranted, the developer shall pay its proportionate share of the cost to signalize the intersection
of Maguire Road and Roberson/Moore Road as set forth in the revised Developer Agreement.
28. Section 13.4(5) of the PUD Ordinance requires execution of a Developer Agreement
incorporating all plans and conditions of Approval by reference. The existing Developer Agreement
shall be amended consistent with approval of this Revised Land Use Plan.
29. Conveyances to the City for right-of-way shall be as specified by the revised Developer
Agreement.
30. Any residential use in the Commercial/Office/S.F. Residential Tract must meet the same
residential standards applicable to the exclusively residential (remainder) portion of the Revised Land
Use Plan.
31. The following items shall be incorporated in the Preliminary Subdivision Plan and Final
Subdivision Plan:
a. A second three-lane entrance to the development from Moore Road shall be provided to line
up with the existing entrance to the Cross Creek subdivision.
b. The entry point to the commercial parcel off the main entrance road shall be moved back to
a point at least 400' from Maguire Road (this would be a full access point), unless a traffic study
approved by the City determines that a lesser distance would be adequate. This would accommodate
left turn lanes in both directions, for vehicles turning left into the commercial parcel and for those
turning left onto Maguire Road. A right-in/right-out entrance to the commercial parcel could be
located closer to Maguire Road.
c. The note which refers to the 10 foot wall easement along Moore Road and 7th Avenue is
hereby revised by replacing "6' block wall" with "6' brick wall".
d. A 35' radius shall be provided for additional right-of-way at the intersection of Maguire
Road and Moore Road (from the new Maguire Road line). This "corner clip" is needed to allow for a
sidewalk and utilities to run around the corner. This additional right-of-way will be required at the
time of platting or within 60 days of written notice from the City, whichever occurs first.
e. A pedestrian access point between the Westridge PUD and the adjacent property to the
south shall be provided. The exact location of the access point will be determined with the
Preliminary Subdivision Plan for that portion of the site.
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OR16 The Orlando Sentinel,Thursday,September 24, 1998 I-11
NOTICE OF PUBLIC HEARING
CITY OF OCOEE
AMENDMENT TO WESTRIDGE PUD
NOTICE IS HEREBY GIVEN pursuant
to Section 168.041, Florida Statutes,
and Section 4-5D,Ocoee Land Devel-
opment Code, that the Ocoee City
Commission will hold,at a regular ses-
sion to be held October 6,1998 at 7:15
p.m.,or as soon thereafter as possible,
a PUBLIC HEARING In the Commis-
sion Chambers,Ocoee City Hall,150
North Lakeshore Drive,Ocoee,Florida,
to consider on the second of two read-
ings the adoption of the following ordi-
nance:
ORDINANCE NO.98-24
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA APPROVING A
SUBSTANTIAL AMENDMENT TO THE
REVISED LAND USE PLAN FOR THE
WESTRIDGE PUD,ON CERTAIN RE-
' AL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MAGUIRE
ROAD AND MOORE ROAD,AS PETI-
TIONED BY THE PROPERTY OWNER;
AMENDING THE WESTRIDGE PUD
REVISED LAND USE PLAN TO AL-
LOW FOR COMMERCIAL USES AND
TO REVISE THE CONDmONS OF AP-
PROVAL RELATED TO THE DEVEL-
OPMENT OF THE WESTRIDGE PUD;
PROVIDING AN EFFECTIVE DATE.
A copy of the proposed Ordinance may
be examined by the public In the office
of the Ocoee Planning Department,City
Hall, 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,
or phone 658.2322 ext.140.
The Ocoee City Commission may con-
tinue the public hewing to other dates
and times as they deem necessary.Any
interested party shall be advised that
the dates,times,end places of any con-
tinuation of this or continued public
hearings shall be announced during the
hearing and that no further notices re-
garding this matter will be published.
Interested parties may appear at the
public hearing and be heard with re-
spect to the proposed Ordinance.Any
person who desires to appeal any deci-
sion made during the public heanng will
need a record of the proceeding and
for this purpose may need to ensure
that a verbatim record of the proceed-
ings is made which includes the testi-
mony and evidence uponwhich the ap-
peal is based.Persons with disabilities
needing assistance to participate in any
of the proceedings should contact the
office 48 hours In advance
o
City m eting at(407)656-2322.
JEAN GRAFTON,
CITY CLERK,
CITY OF OCOEE
September 24,1998
0LS2332214 SEPTEMBER 24.1998