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Home My WebLink AboutVI(B) Forest Trails Final Subdivision Plan Agenda 12-02-2003 [tern VI B e Center of Good£1v Mayor �b 71/ Commissioners S. Scott Vandergrift F.i � " Danny Howell, District 1 Scott Anderson, District 2 City Manager CORR - Rusty John on,District 3 Jim Gleason _' 'i 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 / SUBJECT: Forest Trails Subdivision (f.k.a. Battaglia Property) Final Subdivision Plan Project# LS-03-002 ISSUE: Should the Mayor and City Commissioners approve the Final Subdivision Plan for the Forest Trails Subdivision? BACKGROUND: The Forest Trails Subdivision (formerly known as the Battaglia Property) is located along the north side of Clarcona Ocoee Road about 1,000 feet west of Apopka-Vineland Road. The Final 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. City of Ocoee • 150 N Lakeshore Drive•Ocoee, Florida 34761 phone: (407)905-31(X)• fax:(407)656-8504 •www.ci.ocoee.fl.us November 24, 2003 Honorable Mayor and City Commissioners Page 2 DISCUSSION: As shown in the Final 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. 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 has revised his latest Final Subdivision Plan, eliminating the earlier proposed retention pond where Tract I is and maintaining the area of Tract I in its natural state. This action will help preserve the natural setting and scenic beauty of the West Orange Trail. Due to a Tri-Parry Agreement between Orange County, the City of Ocoee and Battaglia Fruit Company, the Developer will be required to notify prospective purchasers in writing and by visual display that the adjoining property to the east is zoned Commercial. WAIVERS: Waiver# 1: When the Preliminary Subdivision Plan was approved by the City Commission, at its July 1, 2003 meeting, a waiver was granted to the Code restriction that block lengths shall not exceed 1,000 feet between intersections. On the proposed Final Subdivision Plan submitted November 5, 2003, the Developer is requesting 3 new waivers: Waiver#2: This waiver would allow the retention pond to have its berm located immediately upland of the 100-year flood plain without the usual upland buffer provided. The requested waiver allows more flexibility with the pond design, with the top of the pond lowered resulting in more of the site remaining at natural grade and thereby preserving existing trees. In further consideration of the requested waiver, the developer will dedicate 4.4 acres of park space to the City adjacent to Trout Lake. The City Commission favorably discussed this waiver request, and this approval would formalize that waiver. Staff supports this waiver request. Waiver#3: The Developer is requesting a 3rd waiver involving the maximum building coverage on a lot (normally 35%) and the total impervious area on a lot (normally 50%). This waiver would allow a maximum building coverage of 45%, and total impervious area of 55%. The stormwater plan has been designed for 55% total impervious area, and R1-AA minimum building setbacks shall not be encroached upon. The justification given is that the largest home model offered may exceed the standard 35% lot coverage on some lots. The retention pond will be sized to accommodate the maximum possible impervious area for all lots (55%). This type of waiver request is similar to other waivers granted by the Commission for other developments. The effect of this waiver would be to increase the quality of homes built in the subdivision. Staff supports this waiver request. November 24, 2003 Honorable Mayor and City Commissioners Page 3 Waiver#4: The Developer is also requesting a 4th waiver, as indicated on the November 5, 2003 Final Subdivision Plan submittal. This waiver would allow the required 630 square foot meeting room and recreation facilities to be completed prior to the 100th home Certificate of Occupancy rather than prior to the subdivision Certificate of Completion for the rest of the subdivision improvements. The justification given is that if the construction of the community building as a club house with pool, half basketball court, tot lot and parking is required prior to the subdivision Certificate of Completion, then it will remain un-used and vulnerable to vandalism and trespassing. The Developer is requesting that dedication of the 4.4 acres of park space to the City adjacent to Trout Lake also be considered an offsetting public benefit for this waiver as well. At the DRC meeting Staff did not support requested Waiver# 4. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The DRC reviewed the proposed Final Subdivision Plan and discussed removing some existing utility poles and providing a dedicated easement. It was decided that this issue could be handled at the time of platting. The Developer's representative indicated that Forest Trails Subdivision will be developed in one phase. Waiver #1 involving allowing the block length to exceed 1,000 feet between intersections was granted by the City Commission at the time of Preliminary Plan approval. The DRC voted to recommend approval of the Final Subdivision Plan as presented; however Staff did not support the 4th Waiver request. PLANNING AND ZONING COMMISSION RECOMMENDATION: On November 11, 2003 the Planning and Zoning Commission considered the proposed Final Subdivision Plan for Forest Trails Subdivision. The City Staff and the Developer answered questions about tree protection, access to the West Orange Trail and Waiver # 4. The Developer presented their position in favor of Waiver # 4. One adjacent property owner spoke with concerns about protecting the adjacent wetlands and sandhill cranes that live there. The Developer's Engineer responded indicating that the plan does provide protection for those resources. When the discussion was finished, the Planning and Zoning Commission voted 7-1 to recommend approval of the Final Subdivision Plan for Forest Trails Subdivision, including Waivers # 2 and # 3, and Waiver # 4 revised as follows — the gazebo must be completed prior to the Certificate of Completion and the meeting room and remaining amenities must be completed prior to the 50th home Certificate of Occupancy. 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 Final Subdivision Plan for Forest Trails Subdivision including new Waivers #2 and # 3, but not Waiver#4 as date stamped received by the City on November 5, 2003. Attachment: Forest Trails Final Subdivision Plan,date stamped November 5,2003 O:\Staff Reports\2003\SR03121 CC.doc