HomeMy WebLinkAboutVI(A2) First Reading of Ordinance for Ocoee Commons PUD/LUP Rezoning �genda12-02-2003
tern VI A2
Center of Good
Mayor ,S,�e �"'�"' Lin70
g Commissioners
S. Scott Vandergrift _ Danny Howell, District 1
:COScott Anderson, District 2
City Manager •�I &',
Rusty Johnson, District 3
Jim Gleason Nancy J. Parker, District 4
STAFF REPORT
DATE: November 24, 2003
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Planning Manager . /
THROUGH: Russ Wagner,AICP, Community Development Director 0;t
SUBJECT: Ocoee Commons PUD—Project#AP-02-02-01
1) Land Use Plan Amendment—Ordinance#2003-61
2) Preliminary Subdivision Plan Amendment
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance # 2003-61, approving a proposed
amendment to the Ocoee Commons PUD Land Use Plan and approve a similar amendment to
the Ocoee Commons PUD Preliminary Subdivision Plan? The amendments add an additional
9.12 acres to the PUD.
BACKGROUND:
The Ocoee Commons PUD, is located on the east side of Blackwood Avenue and north of SR
50. It includes commercial and multifamily areas south of the Shoal Creek wetland area that
runs across the central portion of the site and a single family residential area north of the Shoal
Creek wetland area. The Ocoee Commons PUD Preliminary Subdivision Plan covers the
same area, but gives more detail about lots and site development issues. The PUD Land Use
Plan and Preliminary Subdivision Plan are being amended to include an additional 9.12 acre
tract with frontage on SR 50. The additional land was annexed into the City at the same time as
the Ocoee Commons PUD under the name"Kent Property".
DISCUSSION:
Land Use Plan Amendment:
As indicated above, the proposed amendment to the Ocoee Commons PUD Land Use Plan will
add an additional 9.12 acre adjacent tract of land to the PUD. This amendment will incorporate
the Kent Property into the PUD, allowing it to be developed as part of the overall master plan
with shared storm water management and shared access. With this amendment, some
changes will be made to the Conditions of Approval and on the plan sheets related to the
additional land being added (see attached Amended Ocoee Commons PUD Land Use Plan).
One additional waiver is also being requested that was not part of the original approval to allow
a "green wall" system as a buffer instead of the usual brick wall between residential and
commercial uses (see the third waiver in the Waiver Table).
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100•fax: (407)905-3157•www.ci.ocoee.fl.us
November 24, 2003
The Honorable Mayor and City Commissioners
Page 2 of 3
Preliminary Subdivision Plan Amendment:
The amendment to the Ocoee Commons PUD Preliminary Subdivision Plan will add the Kent
Property to the subdivision and indicate how that additional land is anticipated to be developed.
The northern portion of the additional land will be added to Tract 'C', the tract designated for
multifamily / townhome development. The southern portion with frontage on SR 50 will be an
additional commercial piece (Tract 'Q'). A large storm water retention pond (Tract 'P'), part of
the master storm water system, will be located between Tracts 'C' and 'Q'. The amended PSP
also divides Tract 'D' (a commercial tract with frontage of both SR 50 and Blackwood Avenue)
into two tracts — 'D1' and 'D2'. The original PSP provided for an access road running from
Montgomery Avenue southward between Tracts 'C' and 'D'. The amended PSP continues that
access road southward between Tracts 'D1' /'D2' and 'Q'to SR 50.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The proposed Ocoee Commons PUD Land Use Plan Amendment and the Preliminary
Subdivision Plan Amendment were both reviewed by the Development Review Committee
(DRC) on October 30, 2003. There were some issues to be addressed from the City Attorney,
and from the Planning Division that were identified in written staff comments. All of the issues
were discussed and the changes to the Plans were agreed upon. When the discussion was
finished, the Committee voted unanimously to recommend approval of the proposed Ocoee
Commons PUD Land Use Plan Amendment and the Preliminary Subdivision Plan Amendment,
including the proposed new waiver for a "green wall", subject to making the changes identified in
written staff comments and agreed upon at the DRC meeting.
The plans for both the Ocoee Commons PUD Land Use Plan Amendment and the Preliminary
Subdivision Plan Amendment have now been revised to address all the issues that were
discussed at the DRC meeting.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On November 11, 2003 the Planning and Zoning Commission held a public hearing to consider
the proposed amendment to the Ocoee Commons PUD Land Use Plan and amendment to the
Ocoee Commons PUD Preliminary Subdivision Plan. The Developer and the Engineer
answered questions about the traffic impact, access and sidewalks, and about the proposed
new waiver for a "green wall". There was no one from the public to speak regarding these
requests. When the discussion was finished, the Planning and Zoning Commission voted
unanimously to recommend approval of the proposed Ocoee Commons PUD Land Use
Plan Amendment and the Ocoee Commons PUD Preliminary Subdivision Plan
Amendment per the Staff recommendation, including the proposed new waiver for a
"green wall".
STAFF RECOMMENDATION:
Ocoee Commons PUD, Land Use Plan Amendment:
Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff
respectfully recommends that the Mayor and City Commissioners adopt Ordinance # 2003-61,
approving the proposed Ocoee Commons PUD Land Use Plan Amendment, including the
proposed new waiver for a "green wall", date stamped received by the City on November 5,
2003. Approval of the Ocoee Commons PUD Land Use Plan Amendment will also need to be
subject to execution and approval of an amended Development Agreement.
November 24,2003
The Honorable Mayor and City Commissioners
Page 3 of 3
Ocoee Commons PUD, Preliminary Subdivision Plan Amendment:
Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff
respectfully recommends that the Mayor and City Commissioners approve the proposed Ocoee
Commons PUD Preliminary Subdivision Plan Amendment, including the proposed new
waiver for a "green wall", date stamped received by the City on November 5, 2003. Approval of
the Ocoee Commons Preliminary Subdivision Plan Amendment will also need to be subject to
approval of the Ocoee Commons PUD Land Use Plan Amendment and execution and approval
of an amended Development Agreement.
Attachments: Copy of Ordinance#2003-61
Amended Ocoee Commons PUD,Land Use Plan,date stamped November 5,2003
Amended Ocoee Commons PUD,Preliminary Subdivision Plan,date stamped November 5,2003
O:\Staff Reports\2003\SR03122 CC.doc
ORDINANCE NO.2003-61
CASE NO.: AP-02-02-01: Ocoee Commons PUD Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
OCOEE C-2, "COMMUNITY COMMERCIAL DISTRICT"
TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT
DISTRICT, FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 9.116 ACRES LOCATED
APPROXIMATELY 331 FEET EAST OF THE NORTHEAST
CORNER OF THE INTERSECTION OF STATE ROAD 50
AND BLACKWOOD AVENUE, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY
OWNER; AMENDING THE OCOEE COMMONS PUD TO
INCORPORATE SAID PROPERTY; FINDING SUCH
ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee,Florida, as hereinafter described,has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property from C-2, "Community Commercial District" to Ocoee "PUD", Planned Unit
Development District (the "Zoning") and to incorporate said property into the Ocoee Commons
PUD and approve the Amended Land Use Plan for Ocoee Commons PUD (the "Amended LUP");
and
WHEREAS, pursuant to 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 Zoning requested by the Owner is consistent with the 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, the Amended Land Use Plan was scheduled for study and
recommendation and was reviewed by the development Review Committee ("DRC"); and
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WHEREAS, the DRC found that the Amended Land Use Plan was a substantial
amendment to the existing Ocoee Commons Land Use Plan and approved said Amended Land
Use Plan; and
WHEREAS, the Zoning and the Amended Land Use Plan were scheduled for
study and recommendation and were reviewed by the Planning and Zoning Commission of the
City of Ocoee ("PZC"); and
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Amended Land Use Plan and the Zoning for consistency with the Ocoee
Comprehensive Plan and determined that the Zoning 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 it approve the Amended Land Use Plan and the Zoning and find the
Zoning consistent with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Amended Land Use Plan and the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission
in accordance with the procedures set forth in Section 166.041(3),Florida Statutes.
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. Rezoning. The zoning classification, as defined in the Ocoee
City Code, of the following described parcel of land containing approximately 9.116 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee
C-2, "Community Commercial District"to Ocoee "PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the"Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit"B" and by this reference is made a part hereof.
SECTION 4. Land Use Plan. The above-described Property is hereby
incorporated into and is hereby approved subject to the Conditions of Approval and Waiver(s)
from the Ocoee Land Development Code set forth thereon:
That certain Amended Land Use Plan for Ocoee Commons PUD
prepared by Design Service Group, Inc. date stamped received by
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the City on November 5, 2003 with such additional revisions
thereto, if any, as may be reflected in the minutes of the City
Commission of the City of Ocoee meeting approving the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. 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
Zoning 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 6. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA
Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent 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 become effective upon
passage and adoption.
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006.315479.1
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED ,2003
READ FIRST TIME ,2003
READ SECOND TIME AND ADOPTED
,2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 2003.
FOLEY &LARDNER
By:
City Attorney
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EXHIBIT "A"
Legal Description
EAST 1/2 OF SOUTHWEST 1/4 OF SOUTHEAST 1/ OF SOUTHEAST 1/4, SECTION 20,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS STATE
ROAD).
WEST 1h OF SOUTHEAST 1/4 OF SOUTHEAST 1/ OF SOUTHEAST 1/a, SECTION 20,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; (LESS ROAD
RIGHT-OF-WAY ON SOUTH).
MORE PARTICULARLY DESCRIBED AS: (METES AND BOUNDS DESCRIPTION)
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 22 SOUTH,
RANGE 28 EAST; THENCE RUN N89°28'55"W, ALONG THE SOUTH LINE OF THE
SOUTHEAST 1/ OF SAID SECTION 20, A DISTANCE OF 331.90 FEET; THENCE
N00°26'01"E A DISTANCE OF 68.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
STATE ROAD NO. 50 FOR A POINT OF BEGINNING; THENCE N89°23'37"W, ALONG
SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 663.86 FEET; THENCE _
N00°23'10"E A DISTANCE OF 599.28 FEET; THENCE 589°09'40"E A DISTANCE OF
664.37 FEET; THENCE S00°26'01"W A DISTANCE OF 596.59 FEET TO THE POINT OF
BEGINNING.
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EXHIBIT "B"
Additional Land Being Added to Ocoee Commons PUD
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EXHIBIT "C"
[Insert Land Use Plan]
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