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HomeMy WebLinkAboutVI (A) Public Hearing Forest Trails Subdivision Preliminary Subdivision Plan Agenda 7-01-2003 Abe Center of Good yf% Item VI A Mayor Dancomn rs S. Scott Vandergrift CODanny Howell, District 1 Il �qI Scott Anderson, District 2 City Manager 'met +air Rusty Johnson, District 3 Jim Gleason � -' -� / Nancy i Parker. District 4 STAFF REPORT DATE: June 24, 2003 TO: The Honorable Mayor and City Commissio rs FROM: Robert Lewis, AICP, Planning Manager THROUGH: Russ Wagner, AICP, Community Development Director SUBJECT: Forest Trails Subdivision (f.k.a. Battaglia Property) Preliminary Subdivision Plan Project # LS-03-002 ISSUE: Should the Mayor and City Commissioners approve the Preliminary Subdivision Plan for the Forest Trails Subdivision? BACKGROUND: The Forest Trails Subdivision (formally know as the Battaglia Property) is located along the north side of Clarcona Ocoee Road about 1,000 feet west of Apopka-Vineland Road. The Preliminary Subdivision Plan proposes 136 single-family residential lots on 62.2 acres. The property is zoned R-1AA requiring a minimum lot width of 75 feet and lot size of 9,000 SF. This site is covered with a mixture of planted pine trees, oak trees and other varieties of trees scattered around the property. The northern edge of the property abuts the West Orange Trail, and the western edge abuts a wetland area that is associated with Trout Lake, which will be covered by a conservation easement dedicated to the City. The surrounding land to the north and west is not in the City. It is undeveloped with Orange County A-1 zoning. To the east the land is also not in the City, and is also undeveloped, but with Orange County C-1 zoning. On the south side of Clarcona Ocoee Road, the property is zoned R-1AA in the City and is currently under construction as the Windstone at Ocoee Subdivision. DISCUSSION: As shown in the Preliminary Subdivision Plan, Forest Trails Subdivision will have two points of access from Clarcona Ocoee Road, one near the east end of the property and one near the west end of the property. A left turn lane and a right turn taper into the subdivision will be provided at the eastern entrance along with the future widening of Clarcona Ocoee Road, or temporary improvements will be provided by the developer prior to issuing a Certificate of Completion, if the road widening project has not been completed by then. Honorable Mayor and City Commissioners June 24,2003 Page 2 of 3 This subdivision will not be gated. A public access easement will be provided from the internal street network to the West Orange Trail, allowing pedestrian access through the subdivision to the Trail. There will be a 6-foot brick wall with appropriate landscaping along Clarcona Ocoee Road. Water and wastewater will be provided by Orange County. The developer is requesting one waiver from the normal Code requirements to allow a block length greater than 1,000 feet. The justification listed in the waiver table on Sheet 2 indicates that the locations of the entrance roads shown on the plan, resulting in the need for the waiver, are consistent with entrance locations in the Orange County plans for widening Clarcona Ocoee Road. It also indicates that the waiver allows a larger open space buffer along the West Orange Trail. This waiver was approved for the Windstone subdivision on the south side of Clarcona Ocoee Road. Planning staff supports this waiver request. In 1994, Orange County, the City of Ocoee and Battaglia Fruit Company entered into a Tri-Party Agreement that addressed certain issues related to this property in an effort to protect the Clarcona Rural Settlement Area from expanding urban growth. One of those issues was a requirement for a 25-foot buffer along the eastern boundary of the property. Subsequently, Orange County rezoned the land adjoining the east end of the property to commercial, thereby eliminating the need for the 25-foot buffer. Within the past few months, all three parties have approved an amendment to the Tri-Party Agreement that eliminated the 25-foot buffer requirement (see attachment). The Amendment does, however, require the Developer to notify prospective purchasers in writing and by visual display that the adjoining property to the east is zoned Commercial. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) reviewed the Forest Trails Preliminary Subdivision Plan on May 27, 2003. The DRC voted unanimously to recommend approval of the Preliminary Subdivision Plan with minor changes to the plans as discussed at the meeting to be made prior to the Planning & Zoning Commission hearing. These changes were made and shown on the plans date stamped "Received June 5, 2003." PLANNING & ZONING COMMISSION RECOMMENDATION: On June 10, 2003, the Planning and Zoning Commission considered the proposed Preliminary Subdivision Plan for the Forest Trails Subdivision (formally know as the Battaglia Property). The Staff and the Developer provided a detailed presentation describing the project and the most important issues. During the discussion, the Commission asked questions regarding tree protection, especially along the West Orange Trail, which were addressed by Staff and the Applicant. There was also concern about notifying the home buyers that the adjacent property is zoned commercial. This issue is addressed in the First Amendment to the Tri-Party Agreement (see attachment). The question was also raised as to whether Orange County would require that a buffer wall be constructed along the eastern boundary when the commercial property is developed. According to the Orange County Code, a 15' opaque buffer would be required when the adjacent commercial property is developed (see attachment for detailed buffer requirements). Honorable Mayor and City Commissioners June 24,2003 Page 3 of 3 When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed Preliminary Subdivision Plan in accordance with the Staff recommendation, but with an additional condition that a tree preservation plan be provided to avoid the need for filling and to save as many trees as possible along the West Orange Trail. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve the Preliminary Subdivision Plan for Forest Trails Subdivision, as date stamped received by the City on June 5, 2003, including the requested waiver, with consideration to the additional recommendation made by the Planning and Zoning Commission. Attachments: Copy of Public Hearing Advertisement May 29,2003 First Amendment to the Tri-Party Agreement Orange County Buffer Yard Requirements Forest Trails Preliminary Subdivision Plan, date stamped June 5,2003 O:\Staff Reports\2003\SR03057 CC doc Orlando Sentinel Thursday, May 29, 2003 NOTICE OF BN°w e� NOTICE o IS HEREBY GI(IEN,C1 I. ocae Laoo Development code, na11M eeCOEE PLANNING AND tZONING COMMISSION will hold a PUBLIC HEARING an Meade et I1OWottheir the regular CITY COMMISSION will hold a PUHL IC NEARING m TNe*Ye 1.]Weal Melt lobularf9ion It begin et e:15 Y Melee blip Marino will be Avid at erreeane.a:°�ible..le`me i Commission Cmmnben,Ocoee City Hail. ISO North Lakeshore Drive. Lea" MFlew el�lmI arrVl Subdivision GUA PIROPERTY.n TR 51 eos A Iss IMocoted 1 at AWNo.VIMlnd Rood and Pp Carolyn-Ocoee Road. Road dT The complete project Igo Incoming o l l descriotmn m the subject tY.mee be egarlmd al Ibe acne PI" el" DDrive hnt. Iso the`nouns of 8 00 oleo.an S:0o m..M°moe Through Friday,eo- cenllegalnalidave. Commission Planning Citedcummit public hear nes to other)iEctes the imests,a Ire(deem neeeermv. n in e doles.timshall s orb pioc��that con- n of a these am cantina ea pub- Ir,'the hearing)and min noTfu ther regardingi these matters will bepished. Imerese5d hearings man aooe°r al a he nearinge and be heard person reseeeT desles too appeal any dec ado ° de during the Publ c nearing wi n meeda rinsin al the °y neeeld to bosun min a verbanm eo d al the eraceedinps le made mwhich Includes Ira and evidence!Wien':hich Appeal is needing assl9nce iandisabilities wino a in v onne pmceeelnas moat coo net the City Clerk's aHlce ee hours n advance of me meeting at UP]I Pof]105. JEAN Ga AFTON, I CITY CLERK, CLS50,0 ercOEE • srmo,-rn IIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIII THIS INSTRUMENT WAS PREPARED BY RY r FUEN t I Y i+OMm OF U102 c i , .U. I( AND SHOULD RE RETURNED TO. T s ."' . H Miranda P.Fitzgerald,Esquire ' owndes,Drosdick, Doster,Kantor&Reed,PA. m l allorth Eola Drive nr.0 a Post Office Box 2809 9 Orlando,FL 32802-2809 o - u, = a (407) 843-4600 lir 0] rn m O m z. y O 3J Si Q a r— uu r a m FIRST AMENDMENT TO TRI-PARTY AGREEMENT zt 0 • PERTAINING TO DEVELOPMENT RESTRICTION a cc m v > rn 2 m L7o This FIRST AMENDMENT TO TRI-PARTY AGREEMENT is made and entered into c l ``.. AAAAAA'''''' """""" , 2003, among Orange County, 2 as of this ZD ` day of /� y Z r`. Florida, a political subdivision of the State of Florida, whose mailing address is 201 South -< o 0 Rosalind Avenue, Orlando, FL 32801 (the "County"); the City of Ocoee, a Florida municipal o ro corporation, whose mailing address is 150 N. Lakeshore Drive, Ocoee, FL 34761 (the "City"); > and R. E. Battaglia whose mailing address is Post Office Box 3010, Winter Park, FL 32790-3010 ("Battaglia"). WITNESSETH WHEREAS, on February 11, 1994, the County, the City, and Battaglia Fruit Co., Inc., also known as Battaglia Fruit Company, Inc., and S.C. Battaglia, Trustee, entered into that certain Tri-Party Agreement Pertaining to Development Restriction (the "Agreement"), recorded at Official Records Book 4702, Page 2602 of the Public Records of Orange County; and WHEREAS, R. E. Battaglia is the successor in interest to the fee simple title of certain real property located in Ocoee, Florida, as described in Exhibit "A" attached hereto and by this reference made a part hereof(the "R. E. Battaglia Property"); and • • INST£. 200MG's1729f; OR EK 06045 PAGE 3834 • WHEREAS, Section 2 of the Agreement states: Battaglia hereby voluntarily imposes on the Battaglia Property the following development restrictions: (a) that certain 25 foot landscape buffer located at the eastern boundary of the Battaglia Property north of Clarcona-Ocoee Road as more particularly described and set forth on that certain site plan attached hereto as Exhibit "B" and incorporated herein by reference, and (b) that certain 10 to 25 foot retention buffer located on the western boundary of the Battaglia Property north of Clarcona-Ocoee Road, as narratively described and set forth on said Exhibit"B". WHEREAS, the 25 foot landscape buffer located at the eastern boundary of the R. E. Battaglia Property was originally required to buffer a proposed higher density residential use on the Battaglia Property from a lower density residential use on the adjoining property and also to provide access to the West Orange Trail from Clarcona-Ocoee Road; and WHEREAS, the adjoining residential property has since been rezoned to commercial and safety concerns have caused the City to propose an access to the West Orange Trail from a location internal to the Battaglia Property that would not connect with Clarcona-Ocoee Road. NOW THEREFORE, the Agreement is hereby amended as follows: 1. Section 2 is hereby deleted in its entirety and in place thereof shall be inserted the following: Battaglia hereby imposes on the Battaglia Property the following restrictions: (a) a 10 to 25 foot retention buffer shall be located on the western boundary of the Battaglia Property north of Clarcona-Ocoee Road, as narratively described and set forth on Exhibit "B" attached hereto and incorporated herein by reference; and (b) until such time as development occurs on the immediately adjacent property to the east, any potential purchasers of single family lots north of Clarcona-Ocoee Road along the eastern 2 INSRFl : uU:u i',e9E; Otf Dfc OBB'S PAGE. 31135 boundary of the Battaglia Property shall be provided written notice from their seller prior to closing advising them of the adjacent property's zoning designation. (c) the subdivision developer shall place a map in a prominent location in any on-site sales office that depicts the zoning designation on the adjacent properties. The map shall also indicate that potential purchasers should contact the Orange County Zoning Department with any questions regarding the zoning on the adjacent properties. 2. Entire Agreement. Except as specifically amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the County, the City, and Battaglia have executed this First Amendment to Tri-Party Agreement Pertaining to Development Restrictions and have set their seals hereto as of the date set forth above. ,,. �CI - S'( "COUNTY" s � ORANGE COUNTY, FLORIDA � sf 1 .�dii i, .jrl 4 C/t ofi4-c. ned. \ f Rich rotty ``�.� c5'%( ),�'i. .' County Chairman .Q„v`E,. L ,.- r ATTEST: (SEAL) 11, art a O. Hayni County Comptroller 4 Clerk to the oard of County Commissioners (SIGNATURE BLOCKS CONTINUED ON FOLLOWING PAGES) 3 xta5Tr. 20U U 17a98 • OR BR 06Ei45 PAGE 383E ••CITY" APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING FIELD ON f /AA Z� , 2003, UNDER AGENDA ITEM NO. D l CITY OF OCOEE ' S. Scott Vandergif 0 Mayor ATTEST: (SEAL) • t, ' / • ( f J '' t t., , ; t 0 o Je Grafton x 4 CI Clerk FOR USE AND RELIANCE ONLY APPRO D AS TO/'�FORM , BY THE CITY OF OCOEE 03�w,h—l"l/' APPRQVED TO9A: LEI By. y,— Paul Rosenthal City Attorney City Attorney (SIGNATURE BLOCKS CONTINUED ON FOLLOWING PAGE) 4 I.NSTf 2002021925E OR Eh 06045 PAGE 3837 • "BATTAGLIA" R. E. Battaglia STATE OF FLORIDA COUNTY OF ORANGE may/ The, foregoing instrument was acknowledged before me this /'"" day of , 2003, by R. E. Battaglia. He is personally known to me or has prod ced as identification. ,_.,,..,�// Witness my hand and official seal in the County and State last aforesaid this tit day of , 2003. Notary Public Print Name:la-A P/kel 4 eJf4" (NOTARY SEAL/STAMP) $ NV{'y Corot A Duckworth 027004/38306/609836.4 A 14 MY COMMISSION#CC857154 EXPIRES el August10,2003 �'�,p• tONDW wau T DY fNN INSURANCE NC 5 25'Landscape/Bella y f! yy to Trolls Butler ] >.)I ! YT t I�r � 1? 1 f`ppci IrA r 1 4' Lk1 y ! II 1'1. a pt9"s n u�dr �1 t i,I.'' it N 4-fi s-rr'F 1: �• �/ ` . 4 ff r , It htt:'!('i� �.f. . tfyf�'je tf:1 Ih '�.j("� t ig t ,, }Q�_ II 1 r / 1 f 1 y([ 1� t� !{`y %`+�1 e� { �1 I ��1�@� 4a��k11�1 7 f l Ik+ 1t 1 }f'k'" } 4' I t ?IT Fsr t r°'3'+ 3r n`i�'nken ili7�t'' !} y ,� e S iv. II ,,,� ,� y 1AlL r..,.......... Trout Lake 'Fr f F i .. 1 .F t }l ,1 : 7 ,.4 y l y loll jF�,�,�..{{..(( ,.tii 4 Tr�I.r yy phi ¢.J5.4-44,,Tr 1- h sa L Ilk`le irYd'{Iki�• Y„�8 11 -rat �. :fir srih zit `,� `'Y1b' 411 !y i •hti.At• V� 1 — _..- :: ..._..- _ IVY n ,n ,I t # w `y ; SAS �, 1 ^— 1„� :f y y 1,,11v•• r - •11L. 4 / s...a..e Subject 11 ,_ ,-- f `i -w ' 11tr r Properly I aNT y, ; i . j �. ..�rr.ma-8 11 ,{ -` v , y � Saw Mill 1 'UMW z 4 Lake IPropert a 15- ! i I r It.i1 eddab 1 n ee111e1e s ,,; `�, ^ a. , . ri. w 4IIIII ©n1111peeetbm•f .I it y 5 .11111, k s Is n. k= a' G�'�s11}e" IIIIIP� .. � S i z ! 1 -4 m 4. V Y r 1llnrst \III Ci f\ V• il 1 1 �4 i ndl' r1 • m I Ij a 7 o )*o 411 nus :Weis��` ®® t. � ttmala cb'ioa 1,, a•. tom:: • I. p t,r „al . G y +tr�� \1\� '�' ai t S�'. 11.1 TYPIea^*4ection n CO ct":� �IS �e•I-51►��ordpie� '-t'!,��y fa Battaglia Fruit Co.Inc. ',""'M' -.._ 1. CLARCONA — OCOEE " ' LnW —_�— ROAD PROPERTY k ' ` Orange County Buffer Yard Requirements Chapter 24, Article I,County Code of Ordinances Sec. 24-5. Buffer yards. The buffer yards prescribed in this section are intended to reduce, both visually and physically, the negative impacts generated by abutting uses. Buffer yards shall be located on the outer perimeter of a lot or parcel,extending to the parcel boundary. Buffer yards shall not be located on any portion of an existing or dedicated public or private street or right-of-way. (a) Buffer classifications: (I) Type A, opaque buffer. This buffer classification shall be used to separate heavy industrial (I-4 and M-1) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least eight(8) feet and shall be a minimum of fifty(50) feet wide.The type A buffer shall utilize a masonry wall. (2) Type B, opaque buffer. This buffer classification shall be used to separate community commercial (C-2) and general industrial (1-2, I-3 or 1-5) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of twenty-five (25) feet wide. The type B buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be four (4) feet high and seventy (70) percent opaque at planting and be capable of attaining full height and opacity within three(3) years. (3) Type C, opaque buffer. This buffer classification shall be used to separate neighborhood commercial (C-I) and light industrial (I-L) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6)feet and shall be a minimum of fifteen (15) feet wide. The type C buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be three (3) feet high and fifty (50) percent opaque at planting and be capable of attaining full height and opacity within three (3) years. (4) Type D, opaque buffer. This buffer classification shall be used to separate professional office (P-O) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of ten (10) feet wide. The type D buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be three(3) feet high and fifty (50)percent opaque at planting and be capable of attaining full height and opacity within three(3) years. (5) Type E, mobile home and RV park buffer. This buffer classification shall be used to separate mobile home and RV parks from all abutting uses. This buffer shall be twenty- five (25) feet wide. Where the park abuts an arterial highway, the buffer shall be fifty (50) feet wide. This buffer shall not be considered to be part of an abutting mobile home space, nor shall such buffer be used as part of the required recreation area or drainage system (ditch or canal). This buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof. This buffer must be at least five(5) feet in height and fifty(50)percent opaque within eighteen (18) months after installation. (6) Type F, residential subdivision buffer. See subdivision regulations (chapter 34, Orange County Code). (b) Shade trees. All buffers shall include one (I) shade tree for each forty (40) lineal feet or fraction thereof. (c) Decrease of widths, types B through E. Minimum buffer yard widths of types B through E may be decreased by twenty(20) percent if the buffer incorporates any of the following components: (I) Utilize plantings and berms to meet minimum buffer requirements. (2) Utilize plantings, berms and wall to meet minimum buffer requirements, where wall is combined with berm to meet minimum height requirements. (3) Utilize wall with plantings, where the plantings are parallel for at least seventy-five (75) percent of the linear length of the wall, and covers at least twenty-five(25) percent of the required buffer width. (d) Use of buffer yards. All of the buffer yard options may be counted toward zoning district yard setbacks and open space requirements. Passive recreational uses such as walkways, par courses, golf courses, bikeways and retention areas may be located within buffer yards to the extent they are allowed by zoning, provided that buffer yard width and screening requirements arc maintained. The following uses are prohibited in buffer yards: playgrounds, swimming pools, tennis courts, vehicular use areas, storage or buildings. (c) Buffer yard maintenance. Buffer yards may be maintained as follows: (I) The buffer yards may be placed in common ownership of the property owners with maintenance by the property owners'association;or (2) The buffer yard may be placed on private property within a landscape buffer easement dedicated to the property owners'association, with maintenance provided by the property owners'association. (Ord. No. 92-42, § I, 12-15-92)