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HomeMy WebLinkAboutVII(A1) First Reading of Ordinance 2004-16 Ocoee Crown Point PUD, Land Use Plan/Preliminary Subdivision Plan Amendment Agenda 08-03-2004 Item VII.A.1. ,S.t e Center of Good Lir,: g Mayor ~_ ,, .�._,,:®•,...�,.,.. Commissioners S. Scott Vandergrift Danny Howell, District 1 , :)C 0 E R Scott Anderson, District 2 City Manager _- = g f -:5 Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Antonio Fabre,Senior Planner THROUGH: Russ Wagner, AICP, Community Development Director DATE: July 19,2004 SUBJECT: Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan Amendment (Poer Property) Ordinance No. 2004-16 ISSUE: Should the Mayor and City Commissioners adopt Ordinance # 2004-16, approving an amendment to the Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan? BACKGROUND: The Ocoee Crown Point PUD, which encompasses +/-358.14 acres, was originally approved on September 16, 2003. The overall design concept for the Ocoee Crown Point PUD is to have a mixed-use neighborhood with complimentary residential and commercial uses, supplemented by schools and other beneficial public facilities. In order to cover the cost of land acquisition by the City and the cost of building the necessary roads and utilities to serve the property, the plan anticipates that portions of the property will be sold to private developers for various commercial and residential uses. Currently, +/-34.44 net acres are designated for single-family land use in the approved Ocoee Crown Point PUD. The proposed amendment incorporates the recently acquired Poer Property into the development with the goal of adding +/-29.75 more net acres of residential land for sale to developers. The Poer Property addition totals approximately 34.53 acres in size and abuts the southern and eastern boundary of the existing Ocoee Crown Point PUD. The property itself is situated approximately 2,000 feet west of the State Road 429 (Western Expressway) overpass at Fuller's Cross-East Crown Point Roads. The attached Ocoee Crown Point PUD Master Plan shows how the subject property is situated relative to this development. Most of the subject property is currently undeveloped and wooded. There is also a wetland area associated with Lake Apopka situate on the western portion of the site. The Honorable Mayor and City Commissioners July 19,2004 Page 2 of 3 The abutting properties to the north, east and west have a Low Density Residential and Conservation/Floodplain future land use designation in the City's Comprehensive Plan. Furthermore, a portion of the western edge of the subject property abuts a future land use designation of Orange County/Rural Agriculture & Conservation. The abutting property to the south is mostly vacant undeveloped land and is in currently in the City of Winter Garden jurisdiction. It should also be noted that further south there is a residential subdivision (Crown Point Springs) in the City of Winter Garden jurisdiction. The subject property was originally located in the Orange County-Winter Garden Joint Planning Area (JPA) in unincorporated Orange County. In order for the City of Ocoee to annex this property and submit a Future Land Use Map amendment, the City coordinated with the City of Winter Garden and Orange County to move the property from the Orange County-Winter Garden JPA to the Orange County-Ocoee JPA. To effectuate this change, the City of Ocoee formally requested annexation and an amendment to the Orange County-Ocoee JPA Land Use Map. The annexation of this property was subject to the approval of the JPA amendment. This action was taken on the April 6, 2004, when the Orange County Board of County Commissioners adopted the 11th Amendment to the Orange County-Ocoee JPA incorporating the subject property into the Joint Planning Area and changing the land use to Low Density Residential. As a result, a Large-Scale Comprehensive Plan Amendment was transmitted to the Department of Community Affairs (DCA) for their formal review and action. Subsequently, the DCA has recently authorized the City to adopt the Large- Scale Comprehensive Plan Amendment for the subject property. DISCUSSION: As indicated above, this amendment will essentially add +/-34.53 acres of land added to the previously approved Ocoee Crown Point PUD. Specifically, there will be 29.75 acres designated for Single Family Residential use with requisite stormwater retention. There will also be +/-4.21 acres of land designated as wetland with an additional +/-.57 acres designated as a wetland buffer area. As is customary, there will be no development on any of the designated wetlands. As a result, the Ocoee Crown Point PUD will encompass a grand total of +/-392.67 net acres of land. The amendment to the PUD Land Use Plan and Preliminary Subdivision integrates the new residential development with the previously approved single-family residential area (Tract 2) of the PUD. The new residential development is designated as Tract 50 on the plans. Furthermore, the proposed density for the addition is 4.5 units per acre, which will result in an additional 108 single-family units to the PUD, bringing the grand total to 264 single-family units proposed for the Ocoee Crown Point PUD. Furthermore, the design included two options for the layout that are consistent with the City's development standards and Traditional Neighborhood Design (TND). Finally, one community meeting room shall be provided for both Tract 2 and Tract 50, and the proposed pathway will be extended through the added property to tie into Ocoee Crown Point Parkway. The Honorable Mayor and City Commissioners July 19,2004 Page 3 of 3 DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The amended Ocoee Crown Point PUD Land Use Plan and Preliminary Subdivision Plan were reviewed by the Development Review Committee (DRC) on June 15, 2004. There was only one minor comment, which was to clarify and correct certain table numbers on the plans. When the discussion was finished, the Committee voted unanimously to recommend approval of the Amendment to the PUD Land Use Plan/Preliminary Subdivision Plan, contingent upon correcting the specific table numbers. Subsequently, the City received the corrected plans on June 17, 2004. PLANNING AND ZONING COMMISSION RECOMMENDATION: On July 13, 2004 the Planning and Zoning Commission held a public hearing to consider the proposed Land Use Plan/Preliminary Subdivision Plan Amendment for the Ocoee Crown Point PUD. Staff acting as the Applicant presented the proposal and answered a few questions. There were no concerns mentioned at the public meeting; therefore, the Committee voted unanimously to recommend approval of the proposed Land Use Plan/Preliminary Subdivision Plan Amendment for the Ocoee Crown Point PUD. STAFF RECOMMENDATION: Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission adopt Ordinance #2004-16, approving the Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan as Amended on June 15, 2004, and date stamped received by the City on June 17, 2004. Attachments: Existing Ocoee Crown Point PUD Master Plan Copy of Proposed Ordinance#2004-16 Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan as Amended on June 15, 2004. O:\Staff Reports\2004\SR04049 CC.doc _ ... . .. Ocoee Crown Point PUD Master Plan . • I R AC1 024 . . - , . ., .; . • TRACT •I • ... -.-• v.alertt..t.. TRACT. I,.. Imo v... 7 -.. TRACT *43 1RAC1 M3A --.. "- , TRACT 026 . - - Lake Apopka - : _ . ,, .....„,:.4.4.1.. , ,,.. • •-•.-. . ...<,, .....?•••4; . tr. • :. • 1 *8.# 4 * _../ ,, TRACT 138 ' CT 042 to.......• . . .Nib, .. ' . . TRACT 444 •ZZ7V - _ 1 . _ ..#4.,4..,•';''..-.......': ,,,,,•;•,_;' '- ' • ;• •/'' --1‘. -... ••'.4•r.:-.."1•',4"^1,..'..1.,.:......'-'•••••*;:i.*:;07.41.• , ,..,..,..... - - - - - • ' CY .k;:iit•':'-f: ";: ;: .: ' ' . '..,i,:•:4;••-: .7. '-• ' ' '" ' . . . . . . . 0).00, - ,,, .., • , . - -0- . 2 - . • '..".4. TRACT•39 ` '" tom, • "4,,,:;.:t1:... ....,,;;•...,-• -it- '47 -'.-.0.7itt'''''.. I . . ...--" . TRACT 02 •"..' 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' /——--.——1 1—RAC-1 .4---s - -'.--— R"' TRACT 112C 1 pAitoz4 i TRINCT 012R/ -......N 6A I , TRACT•10A TRACT #1 PARCEL 9 1 ^... / PARCEL 6 liuwr•17 1 .... e TRACI 0,11 I I . ,„.i TRACT 4,12A •tit) .., t • , .' 1 hi.sakitsotuil I :1-stAc.-fAR''" : •49 IRA('1 / " ' ' #2" 111.A1.71'•14 . • 'i• is."'''...._ .....;., ORDINANCE NO. 2004-16 CASE NO.: LS-02-004: Ocoee Crown Point PUD Amendment (adding Poer Property to Ocoee Crown Point PUD) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "AGRICULTURAL-RESIDENTIAL DISTRICT" TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 34.53 ACRES LOCATED APPROXIMATELY 2,000 FEET WEST OF STATE ROAD 429 (WESTERN EXPRESSWAY) OVERPASS AT FULLER'S CROSS-EAST CROWN POINT ROADS, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; AMENDING THE OCOEE CROWN POINT 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 Orange County "Agricultural-Residential District" to Ocoee "PUD", Planned Unit Development District (the "Zoning") and to incorporate said property into the Ocoee Crown Point PUD and approve the Amended Land Use Plan for Ocoee Crown Point 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 LUP was scheduled for study and recommendation and was reviewed by the development Review Committee ("DRC"); and WHEREAS, the DRC found that the Amended LUP was a substantial amendment to the existing Ocoee Crown Point Land Use Plan and approved said Amended LUP; and WHEREAS, the Zoning and the Amended LUP 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 LUP 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 LUP 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 LUP 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 34.53 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "Agricultural-Residential 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 Ocoee Crown Point PUD Amended Land Use Plan (June 15, 2004) prepared by Vanasse Hangen Brustlin, Inc. date stamped received by the City on June 17, 2004 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. -2- 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 fords 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. -3- PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004 READ SECOND TIME AND ADOPTED , 2004 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2004. FOLEY & LARDNER LLP By: City Attorney -4- EXHIBIT "A" Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South, Range 27 East, run thence North 904.86 feet, thence East 1683 feet, thence South 904.86 feet, thence West 1683 feet to Point of Beginning. LESS: Begin at a point 957 feet West and 904.86 feet North of the Southeast Corner of Section 1, Township 22 South, Range 27 East, run thence West 1200 feet, thence South 16 feet, thence Northeasterly 1201.9 feet to a point due South of the Point of Beginning,thence North .82 feet to the Point of Beginning. Said parcel contains 34.53 acres of land, more or less. -5- 4 EXHIBIT "B" Poer Property Location Map LAKE APOPKA V�1��: ;'��.�I♦�� .,..3",,,,,, W1 P. 7 �44o o ' Ocoee Crown Point PUD 5• ' S 4 ;ii Poer Property if/ /�_ LLERS C•OSS RD - 11 I ��jfl: w„ 0. IIrOS ,';'-'d'::7'''' EMIL'11. de �� u1111 �-i t t..� ,.-1.:,1i WE FULLERS CROSS RD ' � L - fit - _,[ 1 �IIII LIR • I ;1 _.1111 - 1 ` Allik \ - - _ I OW , I - ■r ■■■■■■1� l _ Am ri-" 1 = mow - flo girmil ma 0 1 ;il; , di — ahminu iiiiiitili ----- Illij:A :-_-_- ii. I- 1 \ l' Urn VAI■■ a �/ 1 ':'::1. I .� 3 i .`l. - :='v VMI ! s y :., . - - - EXHIBIT "C" [Insert Land Use Plan] Eagr, *tit -7-