HomeMy WebLinkAboutItem #11 Ocoee Pines - Land Use Plan/PUD Rezoning Ordinance
AGENDA ITEM STAFF REPORT
Contact Name:
Contact Number:
Meeting Date: June 19, 2007
Item # 11
Reviewed By: ~rA~
Antonio Fabre, AICP ~ Department Director: _ __ _ -.; _~
407-905-3100/1019 City Manager: ~ -==.==---~
Subject: Ocoee Pines (FKA: Whispering Pines)
Land Use Plan/PUD Rezoning Ordinance
Preliminary Subdivision Plan
Project # AR-04-08-21 & Project # LS-2004-014
Commission District # 1 - Gary Hood
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Land Use Plan/PUD Rezoning
Ordinance and Preliminary Subdivision Plan for Ocoee Pines?
BACKGROUND SUMMARY:
The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located
northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is currently
vacant, wooded and undeveloped. The property was originally a remnant of a historic (circa 1920s)
residential subdivision (West Orange Park) that was never developed. Basically, the project is a
redevelopment of this historic platted subdivision. It was determined that the historic plat could have
potentially been vested for 352 residential units.
On August 8, 2006, the property was re-platted under Orange County jurisdiction as "Ocoee Pines". This
plat dedicated essential right-of-way for the future Clarcona-Ocoee Roadway realignment. Subsequently,
the subject property was also incorporated into the corporate boundaries of the City of Ocoee on
November 7,2006.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
Existing land use to the northeast is single-family residential subdivision (Ingram Trails), zoned R-1M; to
the west and northwest is Forest Lake Golf Course, zoned A-1; to the east is residential land zoned
agricultural located on unincorporated Orange County and further east is vacant land proposed to be
developed as a single-family residential subdivision (Arden Park) in the City limits, zoned R-1M; and to the
south across Clarcona-Ocoee Road is single-family residential zoned R-1 in the City limits.
DISCUSSION:
Ocoee Golf, LLC, the applicant, is requesting approval of a residential PUD (Planned Unit Development)
Zoning, Land Use Plan and a Preliminary Subdivision Plan. The PUD Land Use Plan and Preliminary
Subdivision Plan proposes 189 single-family residential lots and 154 townhomes units with associated
infrastructure. As a result, the PSP as presented has a total of 343 dwelling units which does not exceed
the underlying land use density cap. The maximum gross residential density is approximately 3.37 dwelling
units per acre.
The Preliminary Subdivision Plan layout has the town homes on the northeastern portion of the site. The
PUD specifies minimum lot sizes of 75 feet by 120 feet (Type I), 70 feet by 120 feet (Type II), 60 feet by
120 feet (Type III) and 25 feet by 60 feet for the townhomes portion of the site. The minimum living area for
the single-family portion is 2,000 square feet for Type I, 1,800 square feet for Type II, 1,600 square feet for
Type III and 1,200 square feet for the townhomes portion.
The PUD Land Use Plan and PSP includes the realignment of Clarcona-Ocoee Road consistent with the
City of Ocoee Comprehensive Plan and Orange County roadway improvements plans. Accordingly, the
required right-of-way was already dedicated via "Plat" approval thru Orange County as cited above. Two
small remnant parcels have access easements provided by the recorded Plat. The City eventually plans to
condemn these two parcels for public uses and annex them into the City's corporate limits.
The Ocoee Pines LUP & PSP will have two (2) access points into the site; both will utilize the new
Clarcona-Ocoee Road realignment. The City of Ocoee will be providing water, sewer and reuse services to
the site. This will call for a utility territorial boundary adjustment between the City and Orange County.
A Development Agreement will eventually accompany the PUD Land Use Plan for approval and execution
by the City Commission. The Conditions of Approval specified in the Land Use Plan form the basis of the
proposed Development Agreement. The project is vested from school capacity as a result of its historical
platting as a mobile home park.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed the Ocoee Pines PUD Land Use Plan and the
Preliminary Subdivision Plan on May 1, 2007. There were some minor technical issues to be addressed
from the City Attorney, Engineering Department and Planning Division that were identified in written staff
comments and presented verbally. A noteworthy issue during discussion was the property boundary along
the western portion of the site (Forest Lake Golf Course). There appears to be a boundary discrepancy that
is currently being worked out by the developer and Forest Lake Golf Course (the City). The City does not
anticipate this issue would prevent the developer from moving ahead with his project. A Condition of
Approval was collectively agreed to be added to the Plans to address this issue. The COA will state that a
formal agreement on this new boundary line will be resolved prior to submission of the Final Subdivision
Plan. All other issues were discussed and all changes to the Plan were agreed upon.
After discussion was completed, the DRC voted unanimously to recommend approval of the Ocoee Pines
PUD Land Use Plan and the Preliminary Subdivision Plan, subject to the changes discussed being made to
the plans prior to the Planning & Zoning Commission.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Ocoee Pines PUD/Land Use Plan and
Preliminary Subdivision Plan at a Public Hearing on May 8, 2007. City Staff and the Applicant answered
several questions regarding the remnant parcels, the boundary discrepancy, setbacks off the Golf Course,
and timing of the improvements for the future Clarcona-Ocoee Road realignment. All of these questions
were addressed adequately in the P&Z meeting. There was no one from the public to speak regarding this
subdivision approval.
The P&Z Commission had one concern relating to tree preservation. Commissioner Golden believed that
the applicant should have proposed more trees to be saved to make this a better-quality project; however,
Staff reported that most of the trees on site were "Sand Pines" which had already been extensively
damaged by prior hurricanes.
. ,
After finishing its deliberations, the Planning & Zoning Commission voted (7-1) to recommend approval of
the rezoning from Orange County Agricultural "A-1" to City of Ocoee "PUD" based on the Land Use Plan,
and further recommends approval of the Preliminary Subdivision Plan as date stamped received by the
City on May 2, 2007, subject to incorporating the COA as discussed at DRC and any remaining comments
from City Attorney's Office and the City Engineering Department prior to the City Commission meeting.
After subsequent submittal and review, the Ocoee Pines PUD Land Use Plan and Preliminary Subdivision
Plan (date stamped May 25, 2007) addressed all issues raised by the City Attorney's Office and the City
Engineering Department.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the rezoning ordinance from Orange County Agricultural "A-1" to
City of Ocoee "PUD" based on the Land Use Plan as date stamped received by the City on May 25, 2007
and further recommends approval of the Preliminary Subdivision Plan as date stamped received by the City
on May 25, 2007 together with the corresponding Development Agreement.
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
Rezoning Ordinance;
Development Agreement;
PUD Land Use Plan date-stamped May 25, 2007;
Preliminary Subdivision Plan date-stamped May 25, 2007.
Financial Impact:
None.
Tvpe of Item:
x
-
x
(please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
Consent Agenda
~ Public Hearing
_ Regular Agenda
x
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
N/A
X N/A
N/A
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
Ocoee Pines
Location Map
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Ocoee Community Development
Department
1 inch equals 800 feel
240120 0 240 480 720 Feel
Printed: September 2006
C Subject Property
~ Unincorporated Territory
~ and Other Municipalties
C_I Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilitiesllnstitutional
Lakes and Water Bodies
Ocoee Pines
Future Land Use Map
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Ocoee Community Development
Department
1 inch equals 800 feet
270135 0 270 540 810 Feet
Printed: October 2006
C Subject Property
II""r""I'" Unincorporated Territory
~ and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
r -, Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
Blil Commercial (PUD)
m Low Density (PUD)
III Medium Density (PUD)
E'D High Density (PUD)
_ Public Use (PUD)
:/ // Unclassified
Lakes and Water Bodies
Ocoee Pines
Surrounding Zoning Map
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s:
ORDINANCE NO.
(pUD Zoning Ordinance for Ocoee Pines PUD)
AR-04-08-21: OCOEE PINES
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REZONING FROM ORANGE COUNTY "A-I" TO OCOEE
"PUD" ZONING, PLANNED UNIT DEVELOPMENT
DISTRICT, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 101.66 ACRES LOCATED NORTH
AND WEST OF CLARCONA-OCOEE ROAD, AND TO THE
EAST OF FOREST LAKE GOLF COURSE PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, AND THE
OCOEE CITY CODE; 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 "A-I" General Agriculture, to Ocoee "PUD", Planned Unit
Development District (the "Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V of 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 1991 City
ofOcoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18,1991, as
amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee (the "PZC"); and
ORLA_ 446441.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed 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 Zoning and find it 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 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.
Zoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 101.66 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
"A-I" General Agriculture, 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.
ORLA_ 446441.1
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SECTION 4.
Land Use Plan. The following Land Use Plan for the Property is
hereby approved subject to the Conditions of Approval and Waivers from the Ocoee Land
Development Code set forth thereon:
That certain PUD Land Use Plan for Ocoee Pines prepared by
Professional Design Associates, Inc., date stamped received by the
City on May 25, 2007 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 Zonine: 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-I(G) of Article
V of Chapter 180 of the Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan Consistency. The Ocoee City
Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
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.
ORLA_ 446441.1
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PASSED AND ADOPTED this _ day of
,2007
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this
,2007.
ADVERTISED , 2007
READ FIRST TIME , 2007
READ SECOND TIME AND ADOPTED
, 2007
UNDER AGENDA ITEM NO. day of
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 446441.1
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EXHIBIT" A"
(The "Property")
Tracts C, D, E, F and G of Ocoee Pines, accordingly to the Plat thereof, as recorded in Plat Book 66,
Pages 94 & 95, of the Public Records of Orange County, Florida.
ALSO DESCRIBED AS:
A portion of Section 5, Township 22 South, Range 28 East, Orange County, Florida, and a Replat of a
portion of West Orange Park, according to the Plat thereof, as recorded in Plat Book M, Pages 1,4 and 5
of the Public Records of Orange County, Florida, being more particularly described as follows:
Commence at the South 1/4 comer of said Section 5; thence run N 00033'46" E, along the North-South
center section line of said Section 5, a distance of 1417.48 feet to the Southwest comer of the Northwest
1/4 of the Southeast 1/4 of said Section 5; thence run N 00015'45" E, along the West line of said West
Orange Park, a distance of 541.00 feet to the POINT OF BEGINNING; thence continue to run N
00015'45" E, along the West line, a distance of 875.64 feet; thence run N 02047'38" E, along said West
line, a distance of 1381.02 feet to the North line of said West Orange Park; thence run S 87000'58" E,
along said North line, a distance of 1323.24 feet; thence run S 87002'32" E, along said North line, a
distance of 1328.25 feet; thence departing said North line, run S 02014'23" W, a distance of 106.50 feet;
thence run S 73028'15" W, a distance of448.75 feet; thence run S 02019'19" W, a distance of 180.78 feet;
thence run S 88005'37" E, a distance of 125.05 feet; thence run S 02011'03" W, a distance of 104.00 feet;
thence run N 88005'44" W, a distance of 150.17 feet; thence run S 02014'58" W, a distance of 154.01
feet; thence run N 88005'39" W, a distance of 200.09 feet; thence run S 02015'12" W, a distance of
258.01 feet; thence run S 88005'44" E, a distance of 50.35 feet; thence run S 02014'23" W, a distance of
104.00 feet; thence run N 88005'44" W, a distance of75.00 feet; thence run S 02014'23" W, a distance of
283.00 feet; thence run S 88005'44" E, a distance of 11.04 feet; thence run S 00010'05" W, a distance of
943.27 feet; thence run N 89008'55" W, a distance of 166.44 feet; thence run N 00011'55" E, a distance of
272.02 feet; thence run N 89008'55" W, a distance of 498.87 feet; thence run S 00017'22" W, a distance
of 400.44 feet; thence run S 89047'57" W, a distance of 550.00 feet; thence run S 00017'22" W, a distance
of258.00 feet to a point on the North right of way line ofClarcona-Ocoee Road; thence run S 89047'57"
W, along said North right of way line, a distance of 100.00 feet; thence departing said North right of way
line, run N 00017'22" E, a distance of 516.00 feet; thence run S 89047'57" W, a distance of 685.82 feet to
the POINT OF BEGINNING.
Less and except Lots 1 and 2, Block 9, Lots 47 and 48, Block 26 and Park Lying North of Block 6, all
being in said West Orange Park.
Also less and except Tract "B", Ocoee Pines, as recorded in Plat Book 66, Pages 94 and 95 of the Public
Records of Orange County, Florida.
Further less and except Lots 28 and 29, Block 22, West Orange Park, according to the Plat thereof as
recorded in Plat Book M, Pages 1,4 and 5, Public Records of Orange County, Florida.
ORLA_ 446441.1
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EXHIBIT "B"
Ocoee Pines
Location Map
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EXHIBIT "C"
[Insert Land Use Plan]
ORLA_ 446441.1
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