HomeMy WebLinkAboutVII (A1b) Forest Ridge: Ordinance No. 2000-05, Forest Ridge Rezoning to PUD with Land Use Plan (Project No. LS-99-04) Agenda 3-07-2000
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} "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•CONLMISSIONER
Ccoee S. SCOTT VANDERGRIFT
CITY OF OCOEECOMMISSIONERS
5 DANNY HOWELL
` Q 150 N.LAKESHORE DRIVE SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
(407)656-2322 NANCY J.PARKER
G 600�` CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
DATE: February 7, 2000
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Principal Planne( L-
THROUGH: Russ Wagner, AICP, Director of Planning ?V
SUBJECT: Forest Ridge PUD
PUD Land Use Plan & Preliminary Subdivision Plane :'J_
Project# LS-99-004
ISSUE:
Should the Mayor and City Commissioners approve the PUD Land Use Plan and Preliminary
Subdivision Plan for the Forest Ridge PUD?
BACKGROUND:
The Forest Ridge PUD is a subdivision which will include a total of 57 single family residential lots,
located east of Lakewood Avenue about one quarter mile south of Wurst Road. The subject property
is currently vacant with a mixture of open pasture and trees. There is also an old cemetery adjacent
to the south end of the site. The property surrounding the proposed subdivision has Orange County
R-2 zoning (north and south - mostly SF homes, cemetery), R-1-A zoning (east - SF homes), and 1-2
zoning (west across Lakewood Avenue- industrial).
DISCUSSION:
The Forest Ridge subdivision will have one point of access from Lakewood Avenue. A future point of
access to the adjacent property west of the cul-de-sac (Forest Ridge Court) will be provided with a
future connection to Anderson Place. That road is currently a substandard dirt road with only 20 feet
of right-of-way. A second stub-out for a potential future connection will be provided at the east end of
the entrance road (Forest Ridge Drive) to allow a connection to 17th Street to the north if the adjacent
property is ever redeveloped. There will be a 6 foot brick wall with appropriate landscaping along the
western boundary of the subdivision adjacent to Lakewood Avenue.
Most of the lots are 60' x 110' or 120' (minimum 6,000 sf), which is smaller than most lots currently
being developed in the City. The minimum living area will be 1,200 sf. However, given the nature of
the existing single family homes north and south of the subdivision and the small size and unique
shape of the subject property, this proposed development is consistent with the residential character
CI L
PToth
ProtectOcoee's water Resources )
February 7, 2000
Honorable Mayor and City Commissioners
Page 2
of the surrounding area. The recreation amenities for the project will include a tot lot and a fitness
course around the retention ponds. The park site is located near the south end of the cul-de-sac. The
sanitary sewer lift station (Tract D) located just inside the entrance of the subdivision will be owned
and maintained by the City. An additional 5' of right-of-way for Lakewood Avenue will also be
dedicated to the City.
The Conditions of Approval for the Forest Ridge subdivision are listed on Sheet 1 of the plan set.
Given the unique infill nature of this subdivision, there are several proposed waivers from Code
requirements. All of the proposed waivers (listed below) are supported by Staff.
1) Continuation of the street pattern - no direct connection, but two future connections proposed
2) 800 foot maximum cul-de-sac length - 2,040 feet proposed (with future connections)
3) 70 foot minimum lot width - 60 feet proposed
4) 7,000 square foot minimum lot size- 6,000 square feet proposed
5) 25 foot front and rear building setbacks - 20 feet proposed for both; 25 foot street side
setback-20 feet proposed
6) PUD 30% useable open space-25% proposed
7) PUD 30 foot building Separation - 15 feet proposed
There are two small portions of the property which are the subject of an annexation request which is
being processed concurrently. A Development Agreement has also been prepared for this project,
since it is a PUD. The approval of the PUD Land Use Plan and Preliminary Subdivision Plan will be
subject to City Commission approval of the annexation and the Development Agreement.
The attached PUD Land Use Plan and Preliminary Subdivision Plan for the Forest Ridge subdivision
was reviewed by the Development Review Committee (DRC) on January 4, 2000. The Committee
voted unanimously to recommend approval of the PUD Land Use Plan and Preliminary Subdivision
Plan, including all the proposed waivers, subject to a few minor revisions, all of which have been
satisfactorily addressed in these plans.
PLANNING & ZONING COMMISSION RECOMMENDATION:
On January 26, 2000, the Planning and Zoning Commission held a lengthy public hearing regarding
the PUD Land Use Plan and Preliminary Subdivision Plan for the Forest Ridge PUD. During the
hearing, Staff and the applicant responded to questions from the Commission and the audience.
When the discussion was finished, the Planning and Zoning Commission voted 4-2-1 to recommend
approval of the PUD Land Use Plan and Preliminary Subdivision Plan for the Forest Ridge PUD, date
stamped received by the City on January 19, 2000, in accordance with the staff recommendation,
subject to the deletion of the two waivers which allow 60' wide, 6,000 sf lots, and to include the
additional Condition of Approval set forth in the Assistant City Attorney's memorandum dated January
26, 2000.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve the PUD Land
Use Plan and the Preliminary Subdivision Plan for the Forest Ridge subdivision, including all
proposed waivers, as date stamped received by the City on January 19, 2000, subject to City
Commission approval of the proposed annexation and the Development Agreement.
Attachments: Copy of Public Hearing Advertisement
Ordinance No.2000-05/PUD Land Use Plan and Preliminary Subdivision Plan, date stamped
January 19,2000
Memorandum from Assistant City Attorney Martha Formella to P&Z Com.,dated January 26,2000
O:\CALEXANDER\ALL DATA\CAPDFILE\Staff Reports\2000CCSR\SR00032.doc
Copy of Public Hearing Advertisement
Date Published
The Orlando Sentinel,Sunday,January 16,2000 •
Advertisement
CRY OF OCOEE
NOTICE OF PUBLIC HEARING .
OF THE PLANNING AND ZONING '
COMMISSION TO CONSIDER AN AP-
PLICATION FOR REZONING TO PUD
WITH A LAND USE PLAN AND AP-
PROVAL OF A PRELIMINARY SUBDI-
VISION PLAN
PROJECT NO.LS-99-004: •
FOREST RIDGE PUD
NOTICE IS HEREBY GIVEN pursuant
to Sections 1-10 and 5-9,Ocoee Land
Development Code,that on Wednes-
day,January 26,2000 at 7:30 p.m..or
as soon thereafter as practical,the City
of Ocoee Planning and Zoning Com-
mission will hold a Public Hearing at the
City Commission Chambers,150 North
Lakeshore Drive, Ocoee, Florida, to
consider a request for 1 rezoning of
the 14.3+/-acre parcel located south
of 17th Avenue and east of Lakewood
Avenue,from Orange County R-2,Sin-
gle Family,Duplex,Triplex,and Quad-
raplex Dwelling District,to Ocoee PUD,
Planned Unit Development District in-
cluding a Land Use Plan;and 2)ap-
proval of a Preliminary Subdivision Plan•
for FOREST RIDGE PUD,as requested
by the property owner.
The Planning and Zoning Commission
will make recommendations to the
Ocoee City Commission as to the rela-
tionship of the requested actions to the
Ocoee Comprehensive Plan.Pursuant
to Section 5-9(8)of the Land Develop-
ment Code,the Planning Director has
determined that the requested zoning is
consistent with the Comprehensive
Plan:
The Planning and Zoning Commission
may continue the public hearing to uth-
er dates and times as they deem nec-
essary.Any interested party shall be
advised that the dates,times,and plac-
es of any continuation of this or contin-
ued public-hearings shall be an-
nounced during the hearing and that no -
-further notices regarding these matters
will be published.
A copy of the application for rezoning
and all related documents,Including a
metes and bounds legal description of
the subject property,may be inspected
at the Ocoee Planning Department,150
Non' Lakeshore Drive, between the
hours of 0:00 a.m.and 5:00 p.m.,Mon-
day through Friday,except legal holi-
days. -
Interested parties may appear at the
meeting and be heard regarding the re-
zoning application and the proposed
recommendation of the Planning and
Zoning Commission.Any person who
desires to appeal any decision made
during the public hearing will need a re-
cord of the proceeding and for this pur-
pose may need to ensure that a verba-
tim record of the proceedings Is made
which Includes the testimony and evi-
dence upon which the appeal Is based.
Persons with disabilities needing assis-
tance to participate in any of the pro-
ceedings should contact the City
Clerk's Office 48 hours in advance of
the meeting at(407)656-2322.
JEAN GRAFTON,CITY CLERK;
CITY OF OCOEE
Sunday,January 16,2000
0LS3096888 JAN.16,2000
FOLEY & LARD r D L5w R
ATTORNEYS AT LAW
11
JAN 2 6 2000 ._i
CHICAGO POST OFFICE BOX 2 193 SACRAMENTO
DENVER ORLANDO. FLORIDA 32802-2 1 9 3 SAN DIEGO
JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO
SEE
MAD SONELES OTELEPHO E: (407 34 2 0 76 5 6 CITY OF O CO E E 2385 TAMPA
MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON. D.C.
ORLANDO WEST PALM BEACH
WRITER'S DIRECT LINE
(407) 244-3261
EMAIL ADDRESS CLIENT/MATTER NUMBER
mformella@foleylaw.com 020377-0490
MEMORANDUM
TO: Planning and Zoning Commission ,,
FROM: Martha H. Foimella, Esq., Assistant City Attorney/�//'�1
DATE: January 26, 2000
RE: Forest Ridge PUD - Land Use Plan and Preliminary Subdivision Plan
(Project No. LS-99-004)
An existing Access Easement for the benefit of adjacent property to the south traverses
portions of Tract B and Lots 28 and 29. We recommend that the following additional
Condition of Approval be added to the Land Use Plan and Preliminary Subdivision Plan for
clarification:
If the Developer does not obtain a termination of the Access
Easement set forth in the instrument recorded in O.R. Book
3696, Page 947, Public Records of Orange County, Florida prior
to approval of the Final Subdivision Plan, the Final Subdivision
Plan shall reflect and accommodate the Access Easement.
If the Planning and Zoning Commission desires to include this additional Condition of
Approval, the motion should include the clause "subject to revision of the Land Use Plan
and Preliminary Subdivision Plan to include the additional Condition of Approval set
forth in the Assistant City Attorney's memorandum dated January 26, 2000."
006.168531
ESTABLISHED 1 8 4 2
ORDINANCE NO. 2000-05
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM •
ORANGE COUNTY "R-2", SINGLE FAMILY, DUPLEX,
TRIPLEX, AND QUADRAPLEX DWELLING DISTRICT,
TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT
DISTRICT, ON CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 14.3 ACRES LOCATED
SOUTH OF 17TH AVENUE EAST OF OCOEE-APOPKA
ROAD PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER(S); FINDING SUCH
ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE,
AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL CITY ZONING MAP; REPEALING
-INCONSISTENT ORDINANCES; PROVIDING 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 certain real property now located in the City of Ocoee, Orange County,
Florida as hereinafter described; and
WHEREAS, the owner or owners (the "Owner") 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 and establish an initial zoning classification for
said real property of Ocoee, "PUD", Planned Unit Development District (the "Initial Zoning");
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 Initial Zoning requested by the Owner 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, on February 11, 1994, Orange County and the City of Ocoee
entered into a Joint Planning Area Agreement which has been amended from time to time (the
"JPA Agreement") and
WHEREAS, the JPA Agreement affects the future land use of the real property
hereinafter described; and -
WHEREAS, liursuant to the provisions of Section 6(B) of the JPA Agreement,
the City has the authority to establish an initial zoning for the real property hereinafter described
and to immediately exercise municipal jurisdiction over said real property for the purposes of
Part II of Chapter 163, Florida Statutes; and
WHEREAS, the Initial Zoning was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee ("PZC"); and
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Initial Zoning for consistency with the Ocoee Comprehensive Plan and the JPA
Agreement and determined that the Initial Zoning is consistent with the Ocoee Comprehensive
Plan and the JPA Agreement and is in the best interest of the City and has recommended to the
Ocoee City Commission that it approve the Initial Zoning and find it consistent with the Ocoee
Comprehensive Plan and the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Initial Zoning; and
i
-2-006.167264.1
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.
SECTION 2. Initial Zoning. The zoning classification, as defined in the
Ocoee City Code, of the following described parcel of land containing approximately 14.3 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange
County "R-2", Single Family, Duplex, Triplex, and Quadraplex Dwelling District, to Ocoee
"PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Initial Zoning 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 the Property
is hereby approved subject to the Conditions of Approval and Waiver from the Ocoee Land
Development Code set forth thereon:
That certain Forest Ridge PUD Land Use Plan/Preliminary Subdivision Plan
prepared by Neal Hiler Engineering, Inc. dated January 19, 2000 and stamped
received by the City of Ocoee January 19, 2000.
The above described Land Use Plan/Preliminary Subdivision Plan is attached hereto as Exhibit
"C" and by this reference made a part hereof.
-3-
006.167264.1
SECTION 5. 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
Initial Zoning 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 6. Ocoee Comprehensive Plan and JPA Consistency. The
Ocoee City Commission hereby fmds that this Ordinance is consistent with the Ocoee
Comprehensive Plan and the JPA Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent 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 become effective upon
passage and adoption.
-4-
006.167264.1
PASSED AND ADOPTED this day of , 2000.
APPROVED:
•
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2000
READ FIRST TIME - , 2000
READ SECOND TIME AND ADOPTED
, 2000
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 2000.
FOLEY & LARDNER
By:
City Attorney
-5-
006.167264.1
EXHIBIT "A"
Legal Description
That portion of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 22 South,
Range 28 East, Orange County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of said
section 8; thence run N 01°16'37" W along the West line of the said Southwest 1/4_of
the Southwest 1/4 a distance of 1080.00 feet; thence run N 88°34'55" E along the North
line of the` South 1080.00 feet of the said Southwest 1/4 of the Southwest 1/4 a
distance of 25.00 feet for,the Point of Beginning; thence continue N 88°34' 55" E along
said North line a distance of 330.00 feet; thence run N 01°16'37" W along the East line
of the West 355.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of
150.00 feet; thence run N 88°34'55" E along the North line of the South 1230.00 feet
of the said Southwest 1/4 of the Southwest 1/4 a distance of 720.10 feet; thence run
S 01°44'58" E along the West line of the East 270.00 feet of the said Southwest 1/4 of
the Southwest 1/4 a distance of 109.42 'feet; thence run N 89°19'23" E along the South
line of the North 298.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance '
of 270.05 feet; thence run S 01°44'58" B along the East line of the said Southwest 1/4
of the Southwest 1/4 a distance of 907.11 feet; thence run S 88°34'55" W along the
North line of the South 210 feet of said Southwest 1/4 of the Southwest 1/4 a distance
of 330.01 feet; thence run N 01°44'58" W along the West line of the East 330 feet of
the said Southwest 1/4 of the Southwest 1/4 a distance of 650.01 feet; thence run S
88°34'55" W along the North line of the South 860.00 feet of the said Southwest 1/4 of
the Southwest 1/4 a distance of 993.15 feet to the East right of way line. of North
Lakewood Avenue (A.K.A. Ocoee Clarcona Road) ; thence run N 01°16'37" W along said East
right of way line, 25.00 feet East of and parallel to the aforesaid West line of the
Southwest 1/4 of the Southwest 1/4 a distance of 220.00 feet to the Point of Beginning.
-.,
EXHIBIT "B"
Location Map
CM( OF OCOEE, FLORIDA
FOREST RIDGE PUD •
REZONING TO PUD WITH A LAND USE PLAN
AND PRELIMINARY SUBDIVISION PLAN
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•
Copy of Public Hearing Advertisement
Date Published
The Orlando Sentinel,Thursday,February 24,2000
Advertisement
CITY OF OCOEE
NOTICE OF PUBLIC HEARINGS
TO CONSIDER APPLICATIONS FOR
A CHANGE OF ZONING TO PUD
WITH A LAND USE PLAN AND
APPROVAL OF A PRELIMINARY ..
SUBDIVISION PLAN •
PROJECT NO.LS-99-004:
FOREST RIDGE PUD
NOTICE IS HEREBY GIVEN pursuant to
Section 166.041,Florida Statutes,and
Sections 1-10, 4-5,and 5-9, Ocoee
Land Development Code, that on
March 7,2000 at 7:15 p.m.,or as soon
thereafter as practical,the Ocoee City
Commission will hold Public Hearings
at the City Commission Chambers,150
North Lakeshore Drive,Ocoee,Florida,
r to consider: 1)on the second of two
readings the adoption of the following
Ordinance:
AN ORDINANCE OF THE CITY OF
OCOEE,FLORIDA,CHANGING THE
ZONING CLASSIFICATION FROM
ORANGE COUNTY 'R-2', SINGLE
FAMILY, DUPLEX, TRIPLEX, AND
OUADRAPLEX DWELLING DISTRICT,
TO OCOEE 'PUD•,PLANNED UNIT
DEVELOPMENT DISTRICT,ON CER-
TAIN REAL PROPERTY COMPRISING
APPROXIMATELY 14.3 ACRES LO-
CATED SOUTH OF 17TH AVENUE
EAST OF OCOEE-APOPKA ROAD
PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY
OWNER(S);FINDING SUCH ZONING
TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY COPE,AND THE.
JOINT PLANNING AREA AGREE-
, MENT; PROVIDING FOR AND AU-
THORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; RE-
PEALING INCONSISTENT ORDI-
NANCES;PROVIDING AN EFFECTIVE
DATE.and 2)approval of a Preliminary Subdi-
vision Plan,known as FOREST RIDGE
PUD.
The City Commission may continue the
public hearings to other dates and
times as they deem necessary.Any in-
terested party shall be advised that the I
dates,times,and places of any continu-
ation of these or continued public hear-
ings shall be announced during the
hearing and that no further notices re-
garding these matters will be published.
Interested parties may appear at the
public hearings and be heard regarding
the proposed Ordinance,and the Pre-
liminary Subdivision Plan.A copy of the
proposed Ordinance,Land Use Plan
and Preliminary Subdivision Plan,and
related information may be inspected at
the Planning Department, 150 North
Lakeshore Drive,between the hours of
8:00 a.m. and 5:00 p.m., Monday
through Friday,except legal holidays.
Any person who desires to appeal any
decision made during the public hear-
ings will need a record of the proceed-
ings and for this purpose may need to
ensure that a verbatim record of the
proceedings is made which includes
the testimony and evidence upon which
the appeal is based.Persons with disa-
bilities needing assistance to participate
in any of the proceedings should con-
tact the City Clerk's Office 48 hours in
. advance of the meeting at(407)656-
2322.
JEAN GRAFTON,CITY CLERK,
CITY OF OCOEE
• Thursday,February 24,2000
0L53160555 FEB.24,2000