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Home My WebLink AboutVI (A2) Second Reading Ordinance 2001-09, West Oaks Square PUD, Access Amendment to the Amended Land Use Plan, Project LS-98-005A Agenda 5-15-2001 Item VI A 2 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ocoee S.SCOTT VANDERGRIFT CITY OF OCOEE COMMISSIONERS aQ A• DANNY HOWELL 150 N. LAKESHORE DRIVE SCOTT ANDP.RSON O OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON ? ss'pr ' a� (407)905-3100 NANCY L FARKGR ♦� OP Goa ACTING CITY MANAGER JIM GLEASON STAFF REPORT DATE: April 24, 2001 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner 1 THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: West Oaks Square PUD Second Amendment to PUD Land Use Plan Case it 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. POW Pr rirctO ef? Water Reeaures ". April24, 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:\CALEXANDERALL_DATA\CAPDFILE\Staff Reports\SR2001\SR01020 CC.doc Copy of Public Hearing Advertisement Date Published Orlando Sentinel THURSDAY, MAY 3, 2001 Advertisement - - OFYola[NEf NOTICE OF PUBLIC NEARING vantNOTICto E Sector BdY 041. Florida r- Statutes. mar me OCOEE CITY HEARING Dn will hold May 15 xlal at their ongular session,at • Cos nregonCmce e'City sow! NorthLake- shore ▪ ee,Ocoee,Florida,In or. Drive. on the second of lbw «• dins he adoption of the lonpw ids ordinance: OROINANCS No.raclm AN ORDINANCE OF THE CITY ON'' OCOEE,FLORIDA APPROV- SUBSTANTIAL AMEND. MENT TO THE AMENDED LAND USEQ TIRE PUD ONLAN'OR THE CERTAIN RE AL PROPERTY LOCATED ON THE SOUTH SIDE OF S R.50 AP- PROXIMATELY ONE OVARTER fILE ON OF EAST R F50 AND THE INTERSEC• P I S CLARKE ROAD AS PETITIONED BY THE P OPERWNER. AMEND, ING THETY WEST OAKS SQUARE POD AMENDED LAND USE PLAN TO ADD AN ADDITIONAL ▪IGHT•IN ONLY ACCESS POINT: PROVIDING AN EFFECTIVE DATE The ordinance and complete project f.Ie,including a legal description of c. tedd'oitthe Ocoee Planning De- partment.p 150 North Lakeshore Driive`betwd e.n the hours ofn4 W through Friday,e,«al legal holi- days. The Ocoee e City Commissioner Omer continue am ti sosmeydeemne- nterested party shall besadvised that me dotes,times. and r con o any continuation hearings this • he continuednced during the hear- i that no further notices re- a ding tas mores will be PUS liShed Interested parties may appear at we hearing to the pool plan`Any respectth• who desires to appeal any ny matter attire made with at h TO nl need a the p he recordhearing of may• `ale o ensue anal a verbatim n chof the proceedings is mode includes the testimony and evidence upon which the appeal is Ease. Persons with sailities needing ossis once to participate r the proceedings should con. in anyadvance the Cce of the meeting of(407) 's Weise WI hours 9O5 3105.Ce JEAN GRAFTON, CITY CLERK, CITY OF OCOEE LSL30ID9AB May 3,200 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; -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 1Ake4t! .3 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 -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. -3- nriA 91441471 PASSED AND ADOPTED this day of ,2001 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ,2001 ADVERTISED 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 -0- EXHIBIT "A" (West Oaks Square Legal Description) 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 of the 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 233.48 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°32'56" east 1065.35 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 20°24'53" west along said southerly prolongation of Block "A" 179.89 feet 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. NOTE: This is a corrective legal description which corrects certain scriveners errors contained in (1) City of Ocoee Ordinance No. 98-31, and (2) that certain Development Agreement dated December 1, 1998, as recorded in Official Record Book 5681, Page 4141, Public Records of Orange County, Florida, as amended. EXHIBIT "C" (West Oaks Square) 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