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Home My WebLink AboutItem V (B) Discussion re: Whitehall Subdivision Phase Two re: Building Setbacks and Brick Screening AGENDA 1-16-96 Item V B "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" OCOee S.SCOTT VANDERGRIFT COMMISSIONERS O� tiNf' RUSTY JOHNSON �` o. CITY OF OCOEE SCOTT ANDERSON v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS l� ?V OCOEE,FLORIDA 34761-2258 JIM GLEASON . '' �� (407)656-2322 CITY M ANAGER f'„ Of GOOp�� ELLIS SHAPIRO SRP-002 STAFF REPORT DATE: January 11, 1996 TO: The Honorable Mayor and City Commissioners trit) FROM: Russ Wagner, Director of Planning SUBJ: Whitehill Subdivision, Phase Two ISSUE: Should The Honorable Mayor and City Commission uphold setback and screening requirements pertaining to Phase Two of the Whitehill Subdivision as applied by City Staff? BACKGROUND: Mr. J. Wallace Henderson has requested an appearance before the City Commission to appeal two subdivision requirements applied by City Staff to the Whitehill Subdivision which is located north of White Road, east of Clarke Road (see attached letter and layout). The Preliminary Subdivision Plan for this project was approved by the City Commission on June 19, 1990, and the Final Subdivision Plan was approved May 21, 1991. Phase One of this single family development is located off of White Road and contains 55 completed residential lots. Phase Two of the project as proposed contains 101 single family lots and accesses Clarke Road at its intersection with Adriatic Drive. DISCUSSION: When a subdivision developer has not undertaken construction on any undeveloped portion of a project for over a year, the City typically requires a formal extension of Final Subdivision Plans and an administrative review of those Plans to bring them into substantial conformance with current City Code. For this project, the City previously indicated to the developer by letter that he could proceed to the Pre-Construction Conference on Phase Two without the need for any further City Commission review. Staff has, however, reviewed the Plans administratively to ensure that all requirements of prior approvals were met and that the detailed aspects of the project conforms to typical City requirements. There are two issues identified by Mr. Henderson with which he has concerns. The first is the requirement to adhere to a 50 foot building setback along Clarke Road. At the time this subdivision was approved, the City Code required a 50 foot residential building setback from arterial streets such as Clarke Road. A note on the Preliminary Subdivision Plan for the project specifies "50' setback line from Clarke Road". An arrow on the Plan actually points to White Road, although the Code never required 50 foot setbacks on collector roadways such as White Road, so it appears that the draftsmen simply positioned the note incorrectly on the Plan. Olt G.) Whitehill Subdivision, Phase Two January 11, 1996 Page 2 It should be noted that every other residential development along Clarke Road was approved at the time that the 50 foot setback was in force. This requirement was inadvertently left out of the current Land Development Code when it was updated. Expanded residential setbacks along arterial roads provide increased buffering for residents from noise, air pollution, and visual impacts. Given that Clarke Road in this area will likely be widened to six lanes at some point, it becomes even more important to ensure that private home buyers are afforded the protection given to other residents adjoining this roadway. Of primary concern to Mr. Henderson is how the 50 foot setback requirement will affect Lot 65. This lot was planned as a "flag" lot with a rather limited width. As a result, the lot would only accommodate a very narrow house. Staff has repeatedly brought this to the attention of Mr. Henderson, and we have offered to work with him to make slight adjustments to the lots adjoining this parcel to provide for an increased lot width on Lot 132. In essence, Staff believes that there is a very simple remedy to this situation without any adverse impacts to the developer. The second issue of concern to Mr. Henderson is the requirement to set the screening wall back a full 5 feet (not 6 feet as mentioned in his letter) from the right-of-way line of Clarke Road. The City has consistently required this setback in recent years to ensure that there is adequate growing space for required screening trees and to minimize future root-system conflicts with underground utilities. The City normally requires a 10 foot wall and landscape easement to ensure the Homeowners Association will retain adequate access on both sides of the wall for maintenance purposes. Mr. Henderson was originally required to provide a 5 foot landscaping and screening buffer along Clarke Road, although no details are shown on the Plan indicating where the wall was to be located within this easement. Where older subdivisions have been built using this same criteria, the wall was pushed back 4 feet from the right-of-way and backed onto the 5 foot easement line. In essence, then, the current requirement simply adds one foot separation between the wall and the right-of-way line of the road and ensures access to the rear side of the wall. STAFF RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commission uphold the 50 foot building setback requirement from Clarke Road for Phase Two of Whitehill Subdivision and further require that the 6 foot high brick screening wall be placed a minimum 5 feet back from the Clarke Road right-of-way line within a 10 foot landscaping and wall easement. RBW/emk Attachment cc: J.Wallace Henderson,J.Wallace&Associates . .... ... v • nn .7V r.,.. r Jc.va. J r7ALLAI G .-1J.)U(. 2 002 JWllac &ASSOCIATES J. Wallace Henderson Ua+oea nw Eam e January 10, 1996 �..,'�w `t ; * i 'b Y4',• •� t i; J N I C 19 9 6 511 `t i lar, r .j Mr. Russell B. Wa er, AICP CITY OF OCOEE Director of Planni g City of Ocoee 150 N. Lakeshore D ive Ocoee, Florida 34 61-2285 RE: WHITEBILL SUBD VISION TWO Dear Mr. Wagner, Thank you for mee ing with me this morning during my impromptu visit in response to your letter of January 8th, which was sent to our office via fac?Isimile on January 8th. It is my understanding our development plans, to include, (i) those construction drawiings/subdivision plans initially approved by the Ocoee City Commiseiion on May 21, 1991, subsequently approved by the Engineering/Utility Director on July 17, 1991, and (ii) our Landscape Planting/Wall Plan as revised December 1, 1995, have received the approiral of the City to begin development of Whitehill Subdivision Two with the sole exception of a your department's requirements for, ta) a 10' wide landscape easement abutting Clarke Road, and (b) the placement of our visual barrier wall within this 10' easement positioned 6' clear from the outside face of the visual barrier wall to the Clarke Road right of way. These requirements are made as a matter of policy without specific code requirements and iirrespective of our past approvals. You further advised the City's position is a 50' building setback from the right of way of Clarke Road would be enforced. I understand there its no such requirement within the present Code of the City of Ocoee. The City's position arises from a misdirected note on a preliminary plan for Whitehill Subdivision initially approved by the City Staff. This preliminary plan was subsequently revised at the direction of the City to reflect our present approved subdivision construction plans and Subdivision Plats approved by Staff and the City Attorney. Lessors 0 Industrial &Commercial Real Estate J.Wallace and Associates,inq • 4800 Norm Orange Blossom Trail • Orlando,Florida 32810 • (407)291-9292 u,bb aJ JP3 ^AA 1`301:;y 1 y�:`JL v InL L.tk G n>,vl. 00.6 Mr. Russell B. Waer January 10, 1996 Page Two Given the above, i : landscape easement/wall positioning and a 50' Clarke Road setbac , and in accordance with your letter of January 8th, I would appy ciate your scheduling my appearance before the Ocoee City Commission on January 16, 1996 to appeal the Staff's application of the above requirements to Whitehill Subdivision Two. I intend to meet farther with my Buyer to determine its tolerances in lot widths. With your permission will solicit further your direction/administrative approval to the re configuring of our lots to avoid a conftict. Please confirm, with a agenda of the Commission meeting, my scheduled time upon same. Thanking you in advance for your efforts, I remain. . . Very (Il ► yours, tile - i : Henderson Partner WHITEHILL GROUP, LTD. JWH cc: Mr. Ellis Shapiro, City Manager Mr. Paul Roselithal, City Attorney • 1L/13VSb 11:1@ FAX 14972979292 J WALLACE ASSOC. I1004 tiWEEUUJL EPUI 7210 A PORTION OF SECTIONS 15 AND 21.TOWNSHIP 2Z SOUTH. 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