HomeMy WebLinkAboutVII(A1) First Reading of Ordinance 2001-09, West Oaks Square PUD, Access Amendment To The Amended Land Use Plan Agenda 5-01-2001
Item VII A 1
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
CITY OF OCOEE DANNYxowRS
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150 N.LAKESHORE DRIVE SCOTT ANDERSON
c �d O OCOEE,FLORIDA 34761-2258
RUSTY JOHNSON
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�f G OOP~ ACTING CITY MANAGER
JIM GLEASON
STAFF REPORT
DATE: April 24, 2001
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Principal Planner C-L_-
THROUGH: Russ Wagner, AICP, Director of Planning + /
SUBJECT: West Oaks Square PUD
Second Amendment to PUD Land Use Plan
Case# LS-98-005A (Ordinance#2001-09)
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance # 2001-09, approving a substantial
amendment to the amended PUD Land Use Plan for the West Oaks Square PUD providing a
second access point from SR 50?
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. The property has been zoned PUD since 1998 and includes a
multi-unit commercial building of approximately 20,000 square feet with associated parking and
landscaping. A PUD Land Use Plan Amendment for the West Oaks Square PUD was approved
this past January to allow restaurants as a permitted use and changing the requirements related
to construction of a sidewalk along SR 50 on the eastern portion of the site.
DISCUSSION:
When the City Commission approved the PUD Land Use Plan Amendment, the application
included a second driveway entrance to the site from SR 50 near the eastern end of the parking
lot. That portion of the request was not approved, but the City Commission directed Staff to set
up a meeting between the City, FDOT and the Developer to come up with a safe and reasonable
additional driveway connection. An amendment to the SR 50 Access Management Plan to
accommodate the new driveway is presented as a separate item on this agenda. The FDOT
meeting was held and all parties agreed to the provision of an additional right-in only access
point to the site together with extension of the right turning lane.
PaProtect Ocoee's Water Resources
April 24, 2001
Honorable Mayor and City Commissioners
Page 2
As with all Planned Unit Developments in the City, a Development Agreement was included with
the original PUD Land Use Plan for West Oaks Square. An amended Development Agreement
has been prepared for this PUD Amendment and will be included as a separate item on the May
15, 2001 agenda. The Amended Development Agreement simply references the Amended PUD
Land Use Plan and indicates that the Developer agrees to develop the property according to that
Plan.
STAFF RECOMMENDATION:
Based on the direction of the City Commission, Staff respectfully recommends that the
Mayor and City Commission adopt Ordinance # 2001-09, approving a substantial
amendment to the amended PUD Land Use Plan for the West Oaks Square PUD providing
a second access point from SR 50, subject to City Commission approval of the
associated Land Development Code Amendment revising the SR 50 Access Management
and Intersection Operations Study, and subject to approval of the associated_.
Development Agreement.
Attachments: Copy of Public Hearing Advertisement
Ordinance#2001-09
Amended PUD Land Use Plan for the West Oaks Square PUD
O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\SR2001\SR01020 CC.doc
ORDINANCE NO. 2001-09
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
AMENDED LAND USE PLAN FOR THE WEST OAKS
SQUARE PUD ON CERTAIN REAL PROPERTY LOCATED
ON THE SOUTH SIDE OF S.R. 50 APPROXIMATELY ONE-
QUARTER MILE EAST OF THE INTERSECTION OF S.R.
50 AND CLARKE ROAD AS PETITIONED BY THE
PROPERTY OWNER; AMENDING THE WEST OAKS
SQUARE PUD AMENDED LAND USE PLAN TO ADD AN
ADDITIONAL RIGHT IN ONLY ACCESS POINT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of certain real property located within the corporate limits
of the City of Ocoee, Florida, as described in the Exhibit "A", has petitioned the City
Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an
amendment (the "Amendment") to the West Oaks Square PUD Amended Land Use Plan, as
approved by the Ocoee City Commission on December 1, 1998 as amended by the Ocoee City
Commission on January 2, 2001 (the "Land Use Plan");
WHEREAS, in connection with the Amendment, that certain Development
Agreement dated December 1, 1998 as recorded in O.R. Book 5681, Page 4141, as amended by
that certain First Amendment to the Development Agreement dated January 2, 2001 as recorded
in O.R. Book , Page , Public Records of Orange County, Florida (collectively the
"Development Agreement") must be amended;
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on November 13, 2000;
WHEREAS, the DRC found that the Amendment constitutes a substantial
amendment to the Land Use Plan;
006.214487.1 -1-
WHEREAS, the Amendment was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee ("PZC") on November 29, 2000;
WHEREAS, the PZC reviewed the Amendment and forwarded its
recommendation to the Ocoee City Commission;
WHEREAS, the Ocoee City Commission considered the Amendment on January
2, 2001 and continued the public hearing thereon to a future date to be established;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the proposed Amendment and this Ordinance;
WHEREAS, the Ocoee City Commission considered this Ordinance in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes, and determined
that this Ordinance is consistent with the Ocoee Comprehensive Plan.
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. Amendment to the Land Use Plan. The Land Use Plan is
hereby amended to include a second entrance providing "right in" access only as more
specifically set forth on the Amended Land Use Plan for West Oaks Square PUD prepared by
Unroe Engineering and date stamped received by the City on 4Pri/ 0?'7 , 2001 (the
"Amended Land Use Plan"). The Amended Land Use Plan, which is attached hereto as Exhibit
"B" and by this reference incorporated herein, is hereby approved, subject to the Conditions of
Approval set forth in Section 3 below and further subject to the execution of the Second
006.214487.1 -2-
Amendment to Development Agreement incorporating by reference the foregoing Amended Land
Use Plan and incorporating the Conditions of Approval set forth in Section 3 below. Said
Amended Land Use Plan supercedes and replaces the previously approved amended land use plan
for the West Oaks Square PUD. All references to the Land Use Plan or the Amended Land Use
Plan for the West Oaks Square PUD shall hereafter refer to the aforementioned Amended Land
Use Plan.
SECTION 3. Conditions of Approval. The property described in Exhibit
"A" hereto shall be developed in accordance with and subject to the Conditions of Approval
attached hereto as Exhibit "C" and by this reference made a part hereof. Notwithstanding
anything herein to the contrary, in the event of any conflict between the Amended Land Use Plan
referenced in Section 2 above and the Conditions of Approval, the Conditions of Approval shall
control.
SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
006.214487.1 -3-
PASSED AND ADOPTED this day of , 2001.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2001
READ FIRST TIME , 2001
READ SECOND TIME AND ADOPTED
, 2001
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this _day of , 2001.
FOLEY & LARDNER
By:
City Attorney
006.214487.1 -4-
EXHIBIT "A"
Legal Description: (Parcel 4)per Official Record 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"E", page 52, public records of Orange County, Florida, more
particularly described as follows:
From the southwest corner of said tract 4, run south 89°48'43"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 00°18'54" east 260.00 feet, parallel with the west line ofithe northeast 1\4 of section
28,township 22 south,range 28 east, to the point of beginning; thence run north 89°48'43" 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 04°18'43" west, run northwesterly along the arc
of a curve, concave westerly, having a radius of 96.15 feet and central angle of 76°32'53" for
distance of 128.21 feet; thence continuing along said right of way run north 00°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 89°35'23" east 1076.64 feet to the intersection of said right of way line with
the southerly prolongation of the westerly boundary of Block "A", said plat of Orlando Groves
Association,Lake Lotta Groves; thence south 20°24'53" 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 37°45'43" west 120.30 feet; north 86°56'51" west
130.64 feet; south 72°29'39" west 161.43 feet south 71°09'57" west 101.04 feet; south 62°48'55"
west 126.45 feet; south 63°05'14" west 200.00 feet; thence leaving said centerline of the creek;
run south 00°18'54" west 18.00 feet to the beginning, containing 4.47 acres or less.
AND
Including the east half of the 30'vacated Right-of-Way known as Michigan Street.
006.214487.1 -5-
EXHIBIT "C"
Conditions of Approval
1 . Permitted Land Uses : All uses permitted by C-2 Zoning,
except the following;
Drive-in Restaurant Automotive Repair
Miniature Golf Course Automotive Sales
Pawn Shop Automotive Service
Equipment Sales Commercial Convenience
Funeral Parlor Commercial Convenience
with gas sales
Movie Theater Gas Station
Hotel/Motel
Nursing Home Hospital
Grocery Store/Supermarket Bar
2 . The development standards Described in Article IV, V &
VI shall apply to all uses .
3 . Requested Waiver: Parking stall depth of 18 feet with a
2 foot overhang into a landscaped area. Parking stall
width of 9 feet .
Code Req. Proposed
Parking Stall Depth 20 ' 18 '
Justification: Increase open space
Front Building Setback 100 ' 141 '
Justification: Prevents fragmenting a small property
4 . Water Service will be provided by Orange County.
Estimated Potable Flow: 2, 570 gpd
Estimated Fire Flow: 1, 660 gpm
5 . Waste water disposal will be provided by the City of
Ocoee.
Estimated Flow 2, 064 gpd
6 . Estimated traffic volume generated from the site is
1545 ADT
Sheet 1 of 2
7 . The property will be developed in one phase .
8 . The City is subjected to the terms, provisions and
restrictions of Florida Statutes Chapter 163
concerning moratoria on the issuance of building
permits under certain circumstances . The City has no
lawful authority to exempt any private entity, or
itself, from the application of such state legislation
and nothing herein should be considered an exemption.
9 . Prior to the approval of the Final Site Plan for the
project, or any portion thereof, the Applicant/Owner
will need to apply for and obtain a Final Certificate
of Concurrency pursuant to Article IX of the Ocoee Land
Development Code . Neither the review of the
application/project by the City nor the granting of any
approvals in connection with such review shall be
construed to grant the Applicant/Owner any entitlement
to obtain a Final Certificate of Concurrency with
respect to all or any portion of the project or to
create any exception from the provisions of Article IX
of the Ocoee Land Development Code .
10 . The revision of the proposed amended Land Use Plan to
provide for the construction of the sidewalk, or the
remaining portion of the sidewalk, consistent with FDOT
requirements be commenced within two (2) years from the
date of this meeting (Commence by: January 2, 2003) by
either the Florida Department of Transportation or the
applicant and diligently continued to completion, and
in the event such commencement is not constructed and
diligently pursued as aforesaid, then the City may, at
its option, design, permit and construct, and/or
complete, the sidewalk at the sole cost and expense of
the developer, and that the developer be required to
post a bond to secure the obligations with respect to
the sidewalk in an amount to be mutually agreed upon
between the applicant and the City Engineer.
Sheet 2 of 2
EXHIBIT "C"
Conditions of Approval
1 . Permitted Land Uses : All uses permitted by C-2 Zoning,
except the following;
Drive-in Restaurant Automotive Repair
Miniature Golf Course Automotive Sales
Pawn Shop Automotive Service
Equipment Sales Commercial Convenience
Funeral Parlor Commercial Convenience
with gas sales
Movie Theater Gas Station
Hotel/Motel
Nursing Home Hospital
Grocery Store/Supermarket Bar
2 . The development standards Described in Article IV, V &
VI shall apply to all uses .
3 . Requested Waiver: Parking stall depth' of 18 feet with a
2 foot overhang into a landscaped area. Parking stall
width of 9 feet .
Code Req. Proposed
Parking Stall Depth 20 ' 18 '
Justification: Increase open space
Front Building Setback 100 ' 141 '
Justification: Prevents fragmenting a small property
4 . Water Service will be provided by Orange County.
Estimated Potable Flow: 2, 570 gpd
Estimated Fire Flow: 1, 660 gpm
5 . Waste water disposal will be provided by the City of
Ocoee.
Estimated Flow 2, 064 gpd
6 . Estimated traffic volume generated from the site is
1545 ADT
Sheet 1 of 2
Figure 6
Clarke Road b%West Oaks K8$U
Access Type
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Signal
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close
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14
Ocoee City Commission Regular Meeting
May 1, 2001
• This club requests the grant to help fund their Awards Banquet. There are 240 students in this organization of
which 145 are Ocoee residents.
D. Approval and Acceptance of Emergency Management Preparedness and Assistance Grant in
the Amount of$28,000. (Community Relations/Projects Director Shira)
• This grant is provided by the Division of Emergency Management, Department of Community Affairs and that
office must receive notification within twenty-one days of receipt of the offer (April 18, 2001) indicating acceptance or
rejection of the award. Upon receipt of the acceptance, they will then send a contractual agreement for Ocoee's
execution.
E. Approval and Authorization for the Mayor and City Clerk to Execute a Non-Exclusive
Drainage Easement to the Orange County Board of County Commissioners for the Purpose of
Constructing and Maintaining a Stormwater Lift Station within Tract A of Sawmill Pond.
(Richard Lee, Engineer I)
• The lift station would pump excess stormwater from Sawmill Pond to Crooked Lake which is located east of
Apopka Vineland Road. It is the County's intention to construct and maintain the lift station without cost to the City
except for the donation of the easement.
F. Approval and Authorization to (1) Declare the 1997 Ford Crown Victoria, Vehicle Number
301, VIN 2FALP71W9VX127266 as surplus; (2) Utilize the Forfeiture Money, not-to-Exceed
$11,933.00 as a Partial Payment (1 lh Years) on a Three Year Lease Contract for a New
Police Vehicle; (3) to Authorize Purchase of a 2001 Ford Crown Victoria from the Current
State Contract Price of$23,867.00; and (4) to Authorize the Mayor and City Clerk to Execute
the Standard SunTrust Credit Company Lease/Purchase Documents with the City Attorney's
Approval.
• The 1997 Crown Victoria has a blown engine and would cost$5,000 to repair. Staff proposes using forfeiture
money to cover the cost of the lease payment for the remainder of this fiscal year and the for the upcoming fiscal year
on a three year lease of a new vehicle.
G. Approval and Authorization for Mayor and City Clerk to Execute an Extended Mutual Aid
Agreement with the Orange County Sheriff's Office.
• This Agreement will be a Combined Voluntary Cooperation Agreement and Requested Operational Assistance
Agreement.
IV. COMMENTS FROM CITIZENS/PUBLIC
V. COMMISSIONERS ANNOUNCEMENTS/CORRESPONDENCE
VI. PUBLIC HEARINGS:
A. Request for Variance Case No. 01VR-2001:Satchell. (Zoning Coordinator Harper)
B. Request for Variance Case No.03VR02001:Smith. (Zoning Coordinator Harper)
C. Orchard Park, Phase III, Preliminary/Final Subdivision Plan, Project No. LS-2000-014.
(Senior Planner Dyson)
D. Health Central Hospital Expansion 2000, Preliminary/Final Site Plan, Project No. LS-2000-
015. (Senior Planner Dyson)
E. First Reading of Ordinance No. 2001-08, Amending Figure 6 of the State Road 50 Access
Management and Intersection Operations Study, Land Development Code Amendment,
(Planning Director Wagner) Second Reading and Public Hearing Scheduled for May 15, 2001
at 7:15 p.m.
Page 2 of 3
Ocoee City Commission Regular Meeting
May 1, 2001
VII. OTHER BUSINESS
A. First Readings of Ordinances. Second Readings and Public Hearings Scheduled for May 15,
2001 at 7:15 p.m.
1. Ordinance No. 2001-09, West Oaks Square PUD, Access Amendment to the Amended
Land Use Plan. (Planning Director Wagner)
2. Ordinance No. 2001-07, Meadow Lakes, Phase 1, Rezoning, Case No. RZ-2000-11-01.
(Senior Planner McGinnis)
3. Ordinance No. 2001-10, Repealing Ordinance 93-20 which Established the Travel Policy.
(City Attorney Rosenthal)
B. Award Bid #01-05 to Weller Pool Constructors, Inc. for the Construction of Ocoee Family
Aquatic Center. (Buyer Tolbert)
C. Approval of City Manager Employment Agreement with Jim Gleason. (City Attorney
Rosenthal)
VIII. STAFF REPORTS
IX. COMMENTS FROM COMMISSIONERS
X. ADJOURNMENT
PLEASE NOTE:IN ACCORDANCE WITH FLORIDA STATUTES 286.0105:ANY PERSON WHO DESIRES TO APPEAL ANY DECISION AT THIS MEETING WILL
NEED A RECORD OF THE PROCEEDINGS 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.
ALSO,IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE
PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407)905-3105 48 HOURS IN
ADVANCE OF THE MEETING.
Page 3 of 3
OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee,Florida
May 1, 2001 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
NOTE: Poll Citizens for Comments/Agenda 7:00 p.m.
I. CALL TO ORDER
A. Invocation
B. Pledge of Allegiance
C. Roll Call and Determination of Quorum
II. PRESENTATIONS AND PROCLAMATIONS
A. Fifth Grade Essays that were presented at the Woman's Club April 17, 2001.
Citrus Elementary: Jasmine Nicole Knowles and Danielle McGill
Ocoee Elementary: Caitlin Sandra Jacobs and Casey Pyles
Spring Lake Elementary: Kari Ritz and Crystal Torres
B. MVP Awards:
Johio Bay Homeowners Association - $2.500.00
Lake Olympia Club Homeowners Association - $2,500.00
Ocoee Elementary School - $2,500.00
Reflections at Spring Lake Homeowners Association - $2,500.00
Silver Bend Homeowners Association - $2,500.00
Sleepy Harbour Homeowners Association - $2,500.00
Lake Johio Watersude /Homeowners Association - $2,500.00
Plantation Grove West Association, Inc. - $2,500.00
C. Water Shortage Update. (Assistant City Engineer Wheeler)
III. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE BOARD OF CITY COMMISSIONERS AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE
COMMISSION,IN WHICH CASE THE MAYOR WILL INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
A. Approval and Acceptance of Minutes of Commission Regular Session of April 17, 2001 and
Special Session of April 19, 2001. (City Clerk Grafton)
B. Approval and Authorization for Mayor and City Clerk to Execute Renewal of Continuing
Transportation Planning Services Contract with Renaissance Planning Group. (Planning
Director Wagner)
• The original contract was signed April 15, 2000, and provides for two additional one year extensions by written
amendment. It also permits annual changes to Exhibit A to reflect hourly charges for various professionals involved in
project assignments. This amendment is dated March 6, 2001.
C. Approval and Authorization to Grant $500.00 to the West Orange High School Future
Farmers of America. (Community Relations/Projects Director Shira)