HomeMy WebLinkAboutVII (A2) First Reading Ordinance No. 98-31, West Oaks Square, PUD Rezoning, Project No. LS-98-005 Agenda 11-17-98
Item VII A 2
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
COMMISSIONERS
Ocoee�� r3i3t, CITY OF OCOEI+ COMMISSIONERS
- 150 N.LAKESHORE DRIVE SCOTT ANDERSON
n' OCOEE FLORIDA 34761-2258 SCOTT A.GLASS
v O ' NANCY J.PARKER
CITY MANAGER
rQ,, F ' �� (407)656-2322
yT �` ELLIS SHAPIRO
E,� Of GOO
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STAFF REPORT
DATE: November 12, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Senior Planner q'�
THROUGH: Russ Wagner, AICP,Director of Planning WY
SUBJECT: West Oaks Square
PUD Zoning and Land Use Plan/Preliminary Site Plan
Case#LS-98-005
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance # 98-31 (attached) to rezone the
subject property from P-S Professional Offices & Services District and A-2 Suburban District, to
Planned Unit Development (PUD) consistent with the West Oaks Square Land Use Plan /
Preliminary Site Plan?
BACKGROUND:
The subject property is located on the south side of SR 50 across from the West Oaks Mall and
just east of Citrus Oaks Avenue. A portion of Lake Lotta and its associated wetlands lies on the
southern and eastern edges of the subject property. The Citrus Oaks subdivision is on the south
side of that portion of the lake. A newly constructed office building (CentraCare) is adjacent to
the west. The existing zoning is P-S on the western portion of the site and A-2 on the eastern
portion. This property is also the subject of a Small Scale Comprehensive Plan Amendment for
the western portion of the site changing its Future Land Use designation to Commercial.
DISCUSSION:
This proposed PUD Land Use Plan provides for a new commercial building with 20,600 square
feet. The applicant's intent is to provide space for professional offices and low intensity retail
activities. The proposed permitted uses would be those listed in the C-2 zoning district, less a
specific list of more intensive commercial uses.
This project is subject to the upgraded standards in the recently adopted "Ocoee State Road 50
Activity Center Special Development Plan". There will be substantial landscaping and a
meandering sidewalk along SR 50 and other pedestrian friendly features on the site, including a
pedestrian arcade along the front of the building.
November 12, 1998
Honorable Mayor and City Commissioners
Page 2
Almost all of the Activity Center standards will be met in this site plan, with the exception of the
maximum building setback of 100 feet and the limit on only one bay of parking in front of the
building. Due to the environmental constraints on this site (relatively short depth of buildable
land), it was not feasible to design the site to those standards. The applicant is requesting waivers
from those standards, with the off-setting considerations of environmental preservation on the site
and upgraded landscaping along the front of the site. The proposed Preliminary Site Plan shows a
maximum building setback of 141 feet with one and a half bays of parking in front of the building.
This PUD zoning request and PUD Land Use Plan/ Preliminary Site Plan for West Oaks Square
was reviewed by the Development Review Committee ,(DRC) on October 21, 1998. There was
discussion regarding the proposed waivers and a few minor details on the plan. The Committee
voted unanimously to recommend approval of this PUD zoning request and Land Use Plan,
including the waivers requested, with the understanding that various details would be worked out
on the Final Site Plan.
PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION:
On November 10, 1998, the Planning and Zoning Commission held a public hearing on this PUD
zoning request for West Oaks Square. During the public hearing, the developer's representatives
were present and answered several questions. After a lengthy discussion of the issues, mostly
related to concerns about the intensity of the proposed uses, the Planning and Zoning Commission
voted 5-1 to recommend approval of this PUD zoning request for West Oaks Square, 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 (1) adopt Ordinance No.
98-31 approving the request for West Oaks Square (Case # LS-98-005), to rezone the
subject property from P-S Professional Offices & Services District, and A-2 Suburban
District, to PUD, Planned Unit Development, consistent with the PUD Land Use Plan date
stamped received by the City on October 30, 1998, including the waivers requested, subject
to the execution of a development agreement as required by the Land Development Code,
and (2) authorize the Mayor and City Clerk to execute a development agreement with the
owners of the subject property as required by the Land Development Code.
Attachments: PUD Land Use Plan/Preliminary Site Plan,date stamped October 30, 1998
Copy of the Public Hearing advertisement
Copy of proposed PUD Zoning Ordinance
P:\RLEWIS\ALL_DATAklpdfile\StaffReports\SR98058,doc
ORDINANCE NO. 98-31
PROJECT NO. LS-98-005:WEST OAKS SQUARE PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM OCOEE, P-S, PROFESSONAL OFFICES
AND SERVICES DISTRICT, AND A-2, SUBURBAN DISTRICT, TO OCOEE,
PUD, PLANNED UNIT DEVELOPMENT , DISTRICT, ON CERTAIN REAL
PROPERTY CONTAINING APPROXIMATELY 4.5 ACRES LOCATED ON THE
SOUTH SIDE OF WEST COLONIAL DRIVE, APPROXIMATELY 1/4 MILE
EAST OF THE INTERSECTION OF WEST COLONIAL DRIVE AND CLARKE
ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, AND 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
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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 4.5 acres located within the
corporate limits of the City of Ocoee, Florida (the"Property"), is hereby changed from°Ocoee, P-
S, Professional Offices and Services District, and A-2, Suburban District", to "Ocoee, PUD,
Planned Unit Development District':
SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
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SECTION 3. MAP. A map of the Property 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 the 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 Unroe Engineering,
dated September 1, 1998, "stamped received by the City of Ocoee
on October 30, 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 Property 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 NOVEMBER 19, 1998
READ FIRST TIME NOVEMBER 17, 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
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EXHIBIT A- P I
Legal Description: (Parcel 4)per Official Records Book 4045, Page 0657
That part of tract 4, Orlando Groves Association, Lake Lotta Groves, according to the plat
thereof as recorded in Plat 13ook " L", page 52, public records of Orange County, Florida, more
particularly described as follows:
From the southwest corner of said tract 4, run south 89d48'43" east 260.00 feet along the north
line of Citrus Oaks Phase One, as recorded in Plat Book 14, page 7, said public records; thence
run north 00d18'54" cast 260.00 feet, parallel with the west line of the northeast 1/4 of section
28, township 22 south, range 28 cast, to the point of beginning; thence run north 89d48'43"west
179.16 feet to the east line of a 30 foot right of way as described in said plat of Lake Lotta
Groves; thence from a tangent bearing of north 04d18'43" west, run northwesterly along the arc
of a curve,concave westerly, having a radius of 96.15 feet and central angle of 76d32'53" for
distance of 128.21 feet; thence continuing along said right of way run north 00d18'54" east
233.44 feet to a point on the south right of way line of State Road 50; thence along said,right of
way line run south 89d35'23" east 1165.64 feet to the intersection of said right of way line with
the southerly prolongation of the western boundary of Block "A",said plat of Orlando Groves
Association, Lake Lotta Groves;thence south 20d24'53"west along said southerly prolongation
of Block "A"179.89 feet more or less to the centerline of an unnamed creek; thence along said
• centerline run the following courses; north 37d45'43" west 120.30 feet; north 86d56'S1" west
130.64 feet; south 72d29'39" west 161.43 feet south 71 d09'57" west 101.04 feet; south 62d48'SS"
west 126.45 feet; south.63d05'14" west 200.00 feet; thence leaving said centerline of the creek;
run south 00d18'54"west 18.00 feet to the point of beginning, containing 4.47-acres or less .
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EXHIBIT "B"
WEST OAKS SQUARE PUD
located on the south side of West Colonial Drive approximately 'A mile east of
the intersection of West Colonial Drive and Clarke Road
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Case Number: LS-98-005