Loading...
HomeMy WebLinkAboutVI(A2) Ordinance No. 98-31, West Oaks Square PUD Rezoning, Project No. LS-98-005Agenda 12-01-98Agenda 11-17-98 JAN VIA2 Item VUA2 "CENTER OF GOOD LIVING - PRIDE OF WEST ORA MAYOR • COINIISSIONER S. SCOTT VANDERGRIFT CITY OF O C OEE DACNNY HOWELL ...� 150 N. LAKESHORE DRIVE SCOTT ANDERSON SCOTT A. GLASS OCOEE, FLORIDA 34761-2258 NANCY J. PARKER (407)656-2322 CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: November 12, 1998 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Senior Planner 9 THROUGH: Russ Wagner, AICP, Director of Planning 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 i 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. COX 4Z 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 stars 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 PARLEWISW.L_DATAVIPM16Staff Rep0rts\SR98058,d0c 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 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. 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, 6tamped 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 ATTEST: JEAN GRAFTON, CITY CLERK (SEAL) 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 day of -11998. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED NOVEMBER 19, 1998 READ FIRST TIME NOVEMBER 17, 1998 READ SECOND TIME AND ADOPTED UNDER AGENDA ITEM NO. EXHJDIT A- Pk=t'= I c a 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 Book " L", page 52, public records of Orange County, Florida, more particularly described as follows: From the southwest corner of said tract 4, run south 89d4843" east 260.00 feet along the north line of Citrus Oaks Phase One, as recorded in Plat Rook 14, page 7, said public records; thence run north 00d 18'5411 east 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 04dl 8143" west, run northwesterly along the are of a curve, concave westerly, having a radius of 96.15 feet and central angle of 760213" for distance of 128.21 feet; thence continuing along said right of way run north 00d 18'54" 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 8905123" 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 20d24153" 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 37d4543" west 120.30 feet; north 86d56'51" west 130.64 feet; south 72d29139" west 161.43 feet south 71d09157" west 101.04 feet; south 62d48'55" west 126.45 feet; south 6305114" west 200.00 fi;et; thence leaving said centerline of the creek; run south 00d18'54"west 18.00 feet to the lx)int of beginning, containing 4.47'acres or less . -- - - -- - - -- -•- - - �. � - -• - -- -- - - - _..� , __ 1066.x_ � _Y 833'23' E - .^ - - - - -- - -' - - -• - - - -- - - - - - ^ - -- - ...c :n ?r �.. _13C.64* hh IL ���6` � � J' J��o • r I � w P V' !<S 4 /a • a'- N C te'54' E Poe L N 'W .o :b :Z o _ Beginning o` Descr p'von t -- -- "' 2E9.CC - 9 a9';8'4J E Lake Lona Developement - East Sketch of Lecal Description �17 3P N EXHIBIT "B" WEST OAKS SQUARE PUD located on the south side of West Colonial Drive approximately % mile east of the intersection of West Colonial Drive and Clarke Road Sil r V k State Road 50 epi �. •tea -,; T Y;Y _ i:.: •. _ _ �"""1�•v S� .y'P'., ':•.yff.1.•^.:3c1tr. �•}�rX ��. _ - �4,s .eI' . yam• y.'!5 .<,^y, r.y..:..^. •Q::. - i±. ' _�-1.� '/.:'.•`•..•:;"_" .���i, Ft t'C::� Pyr_'; t.�.!',:5..�' S_'.^-` ".Yz".,.r n.�' �.,. �e - ^i .R: y` -::3:_ _�; �'H.>:.,,:A.." _ti£^ 4is �::: •r� .;,'Cr. I'- ySX'.: _., #-C. f _ i �� .W • "h�L_... it -.. .,'F'x. :g. t. �F'vx.-6 ""'y�:^"'- l!.,. �''• "i.'%aS �t. .��_ ,S�;ar__Y.t F'rx,�pavX t:^;:'1;?�•Yr,�� - �..g �•i': .7''ae '.�� '-�A� 1:.,<:;{•r:` -416°-, .'}`r�.rr��.:5�-"�.bm _ "n:::�,":r ': .� _ `''y,•'nt: �- ':«�:\"rr„- "�T� ify,T.�F.` _ .0 _ F'�g^:J'-'Pr.'�F w J.i� • ..:rZ: it '., •( lr�'� �L �, ��4e; . _{, %, y,-:�L'i;.'�y�:�i+��#a?S:'. _ 9'�� .:2'S:. rkl3 =+P• �". ..wd• Case Number: LS-98-005 K-4 The Orlando Sentinel, Thursday, November 19, 1998 SE CITY OF OCOEE NOTICE OF PUSUC NEARING TO CONSIDER ADOPTION OF PROPOSED REZONING ORDINANCE NO. 9111-311 PROJECT NO. L84i6M: WEST OAKS SQUARE NOTICE IS HERESY GIVEN purarsnt to Section 166.041, Florida Statutes, and Sections 1.10 and 5.9, Ocoee Land De- velopment Code that on December 1, 1998 of 7:15 PR, or a noon lhereaRer as radical, the OCOEE CITY COM- MISSION wlti hold a PUBLIC HEARING at North CAY Commission w Lakaehor Drkv, Oe, Florida,rth to consider on the second of two read- IIng. 8 the adoption of the following The City CwrmYalon may corftwe the es as publichsaAV�n 10 other data ed dam,shell beat the dates ��d this or head be announced durkq the and that no further notices regarding mattere wW bs pubYetrd. JEAN GRAFfON CITY CLERK CITY OF OCOEE OLS2430325MW Nov_. 19, 1996 f S I i!I'P taxon k` LJ / G Sanitary tvQi 66 r � �r FF � 0 � •s• � f,. Total Site Area 4.54 Ac (197,570 sf • •an • n k� d f �' Developable* Area 2.31 Ac (100,418 sf) '..,.- E1�ec.. '�.-F1.,11) S rl e ,.f ,.- ,� 2. Q _ 4 _ , '\ * o Line Area Above 100 ..ear Flood L -.,.. •• �..:�� � ...,c.� Transforv�er. �°'� .� Y .�.,. _........,.,� flea_ Du tern ,_. / nom, . .. ,•_.. _ .�w.. �. a �< e Lott a o 5 -Gross Floor Area - 20,600 sf •_rn o .....'-., .-_ Overhang,,,-,,� , New G 2 �.. Floor to Site Area Ratio* - 20.5% r 81 Retention Unde d �...13Uffer; �e - - -74.0' E-94.0' S-113.4' 6 Overhang Setbacks: N 73.E W �� r HWL 107 5 > 72.8'5 �; - Floor 103.5 ' 1. • .......... r� Land Use Existing - Vacant •, 25' offset from Future - Commercial PUD (see Conditions of 100 -year flood Approval note 1) R=96.15 t 4'-..�..� Orange n Co. Benchmark Datum•' Zoni L-128.21 _ _,w:........1, fl0,.year...:'f1ood hne ';>" ' �'' 00 L-408-020.' DOT (109.082)-� Tan=75.66Existing - PS & A-� Delta= 76-32'53" (99.00 NGVD).'` V Proposed - PUD o .__0__0',..'';'--� %' Adjacent - Commerc i a 1 PUD, PS & Non -developable d- — A- I . , :........._.:.,.. 18.00 N 0' 18 54 E . .._ .................... Parking Require ai CONDITIONS OF APPROVAL 1 space per 200 sf Building - 103 spaces v 179.16' - S 89'48'43" E. 1. Permitted Land Uses: All uses permitted by C-2 Zoning, Handicapped (101-150 range - 5 spaces I except the following; En in 9 Drive-in Restaurant Automotive Repair Parking Provided Parkin & , 69 Miniature Golf Course Automotive Sales Standard Spaces 0:'x18') - 98 Spaces Access DrwePawn Shop Automotive Service Handicapped Spaces (12'x20') - 5 Spaces FnrinmPnt Sn1AR Cnmmercial CnnvAniennA Total spaces orovided - 103 Spaces F 0 0 o: Site 0 Highway 50 OId Winter Gorden Rd West Oaks Square. Inc. ExpWY East-West Location Plan Long: 81'30'57" 1 Lot: 28'33'07" STR - 28/22S/28E Kissimmee, FL 34741 Scale: N.T.S Flood Zone -- A & C F Owner: ; West Oaks Square. Inc. _ 903 Emmett Street Kissimmee, FL 34741 Ph (407) 847-7311 Engineer: g Denis R. U r n oe P.E. '! Unroe Engineering 4017 Orkney Avenue .. ,, Orlando, ;Florida 32809 Ph 407 351--4544 4544 0 o Fax (407) :352-7125 � ".-� ■. ;. Surveyor: Mr. Ga Burden PLS Gary o Atlantic Land Design PO Box 1747 o Orlando, FL 32802 Ph (407) 898-7760 d a l� ►/ %► a ,.. r t" � ;. ,. �, „ . ,.: .,; < . .. ,,, ._ . ,. � :, ,. r ,, ,. .. ., . . ,., , . ,�. :, , i f .. , •, �: ,,. ,, ,. ,: ,. . . _. ,... ,. _. >, h .. .. ._ . ,,. _ t� ;, . ,. �,: .. ... .. ' . _ . ,, .,� ', '; t , : ., <. . _ - � -` ., .� � � _ �_. _ .t �._:: ..: .':: ., , - .' - .r '.�. .. ', .. � .. �.. ,'.. .. ..,�. .- " ' w ,. � �,:.--.,it.wv�. ., t„ .,,, ,..: ,;. �,. _1. ..,.., .. is .. .. ,� ...., ._. .._ � ... ... � _. _ _. _.