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Home My WebLink AboutVII (A) First Reading of Ordinance No. 98-10, Summerville at Ocoee Assisted Living Facility, PUD Land Use Plan - Rezoning Agenda 6-2-98 Item VII A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S. SCOTT VANDERGRIFT Ocoee CITY OF OCOEE DANNY HOWELL E• 150 N. LAKESHORE DRIVE SCOTT ANDERSON Z; FLORIDA OCOEE, 34761-2258 SCOTT A.GLASS O NANCY J.PARKER 40 ? (407)656-2322 yf ' Jam? CITY MANAGER f'P Op GOO N> ELLIS SHAPIRO STAFF REPORT DATE: May 29, 1998 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, Senior Planner THROUGH: Russ Wagner, AICP, Director of Planning Ok SUBJECT: Summerville at Ocoee Assisted Living Facility PUD Land Use Plan- Rezoning Case# 98-001 ISSUE: Should the Mayor and City Commissioners approve rezoning the subject property from C-2, Community Commercial District, to PUD, Planned Unit Development for the Summerville at Ocoee Assisted Living Facility? BACKGROUND: The subject property is an outparcel of the Lake Olympia Square Shopping Center (Lot 2) and currently has C-2 zoning. The parcel adjacent to Lot 2 to the north is occupied by the Lake Olympia Square Shopping Center (C-2 zoning). The property to the south is occupied by a radio station (Orange Co. enclave, A-1 zoning with a Low Density Residential land use designation), and the Lake Olympia Club single family subdivision is adjacent to the west (R-1-AA zoning). The applicant wishes to develop this parcel with an Assisted Living Facility for senior citizens, with a maximum of 120 beds. The proposed PUD zoning would include all the uses currently permitted by the site's existing C-2 zoning as well as the proposed 120 bed Assisted Living Facility. Due to the unique nature of the proposed use and the way the Land Development Code is structured, the Assisted Living Facility will require both PUD zoning and Special Exception approval. The City is concurrently considering an application for a Special Exception to allow the proposed Assisted Living Facility on this site. C.J►`L May 29, 1998 Honorable Mayor and City Commissioners Page 2 DISCUSSION: The subject property is in a unique location - near a major intersection, adjacent to a shopping center on its north side, but with low density residential designations and uses on all other sides. Considering this unique location, the proposed Assisted Living Facility is appropriate as a transitional use between higher and lower intensity uses. The Land Development Code permits Mixed Uses within designated Activity Centers when they are approved as part of a PUD. The subject property is part of the Lake Olympia Square Shopping Center (Lot 2) and it is within a designated Activity Center (Clarke Road / Silver Star Road intersection). Therefore, Staff has determined that the proposed Assisted Living Facility can be considered a Mixed Use as part of the overall development and could be permitted at this location with PUD zoning and Special Exception approval. As part of the conditions of approval in this PUD, a waiver to allow 18' parking spaces with a 2' overhang into landscaped areas is being requested for this project. This same waiver was granted for the Lake Olympia Square Shopping Center. The Final Site Plan for the Assisted Living Facility will be reviewed later and will be consistent with the Preliminary Site Plan approved with the Special Exception application being processed concurrently with this PUD rezoning. The attached PUD Land Use Plan for the Summerville at Ocoee Assisted Living Facility was reviewed by the Development Review Committee (DRC) on May 6, 1998. The Committee voted unanimously to recommend approval of this PUD zoning request. The attached Plan is date stamped received by the City on May 19, 1998, but it is the same plan that was approved by the DRC on May 6, 1998. PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION: On May 27, 1998, the Planning and Zoning Commission held a public hearing on this PUD zoning request for the Summerville at Ocoee Assisted Living Facility. During the public hearing, the developer's representatives were present and answered several questions asked by the Commission. After a brief discussion, the Planning and Zoning Commission voted unanimously to recommend approval of this PUD zoning request for the Summerville at Ocoee Assisted Living Facility, in accordance with staff's recommendation. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve this request for the Summerville at Ocoee Assisted Living Facility (Case # 98-001), to rezone the subject property from C-2, Community Commercial District, to PUD, Planned Unit Development, consistent with the PUD Land Use Plan date stamped received by the City on May 19, 1998. Attachments: PUD Land Use Plan,date stamped May 19, 1998 Copy of the Public Hearing advertisement Copy of proposedPUD Zoning Ordinance C:\ALL_DATA\ripdfile\StaffReports\CC Summerville PUD Zoning @ 6-2.doc ORDINANCE NO. 98-10 PROJECT NO. 98-001: SUMMERVILLE @ OCOEE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE, C-2, COMMUNITY COMMERCIAL DISTRICT, TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 5.4 ACRES LOCATED ON CLARKE ROAD, APPROXIMATELY 1/4 MILE SOUTH OF THE INTERSECTION OF SILVER STAR ROAD AND CLARKE ROAD ON THE WEST SIDE OF CLARKE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone said real property to Ocoee, PUD, Planned Unit Development District (the "Rezoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was 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 held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant 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 the zoning classification of said real property be "Ocoee, PUD, Planned Unit Development District," as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Rezoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures 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 1. AUTHORITY. The Ocoee City Commission 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 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 5.4 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Ocoee, C-2, Community Commercial District', to "Ocoee, PUD, Planned Unit Development District": SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. A map of said land herein described which clearly shows the area of Rezoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. LAND USE PLAN. The following Land Use Plan for said real property, including the waivers set forth therein, is hereby approved, subject to the conditions of approval set forth therein incorporating all plans and conditions of approval by reference: That certain PUD Land Use Plan prepared by Mellich-Blenden Engineering, Inc., dated May 19, 1998, stamped received by the City of Ocoee on May 19, 1998. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 5. COMPREHENSIVE PLAN CONSISTENCY. The Ocoee City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 6. OFFICIAL 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 Rezoning amendment 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 7. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 8. 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 9. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. Scott Vandergrift, Mayor (SEAL) ADVERTISED JUNE 4, 1998 READ FIRST TIME JUNE 2, 1998 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 , 1998. FOLEY & LARDNER By: City Attorney C:\AII Data\EKPDFILE\advertisement-notice\Advsords.doc i EXHIBIT "A" I I CITY OF OCOEE PLANNING DEPARTMENT VERIFIED LEGAL DESCRIPTION FORM The following legal description has been prepared by.2:=4,41 e.c.. Go and submitted to the City Planning Department for verification. , Signature I-�Z.s—tea - Date I IAPPLICATION REQUEST (OFFICE USE ONLY): FILE NO: G S– O I D/ LEGAL DESCRIPTION (TO BE TYPED BY APPLICANT): I Lot 2 of the plat of Lake Olympia Square as recorded in Plat Book 28, page 103 i I of the public records of Orange County,Florida. 1 I 1 I 1 I smaimg EXHIBIT "B" SUMMERVILLE @ OCOEE located on Clarke Road approximately 1/4 mile south of the intersection of Silver Star Road and Clarke Road SPRING J. , i=sr1-72_ J ' _ I ..-1 .'1 -N LAKE ) , , . , ; . i-/I l b l r; l � � III , ' ; C c V I I 1 1 I i I I iI I �---•`-II li _ LI .,. ,,gyp ` w_ 1 . • 1 "RE ' ;t 1 1 , • ..: PUD-:'-. 4W.Nc • .• izr 1. /•ft.. 1111.1E1MIMIL linitNit , . 111 ..,, nlif j'",:. . . ', . R-1-A VA-—774:ft 1111 relax* ' \ / • ' . f ; ' ' ' ' ' ' ' = LAKEiii' ewe air �.. 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