HomeMy WebLinkAboutItem #05 First Reading of Ordinance - Oak Trail Reserve PUD
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AGENDA ITEM COVER SHEET
Meeting Date: July 15, 2008
Item # \5
Contact Name:
Contact Number:
J. Antonio Fabre, AICP
407-905-3100 X 1019
Reviewed By:
Department Director:
City Manager:
Subject: Oak Trail Reserve PUD - Amended Land Use Plan Ordinance
Project # LS-2007-010
Commission District # 4 - Joel F. Keller
ISSUE:
Should the Honorable Mayor and City Commissioners adopt and ordinance to Amend the Land Use Plan for
Oak Trail Reserve PUD?
BACKGROUND:
Oak Trail Reserve PUD is located on the northeast quadrant of the intersection of Clarke Road and
Clarcona-Ocoee Road. The subject property is approximately 38.6 acres in size of which 3.1 acres are
designated as conservation/wetlands. The subject property is currently undeveloped and is partially covered
with trees mostly on the south side of an isolated wetland and along the eastern boundary of the property.
The remainder is open field.
The surrounding land to the north has been developed as unincorporated large-lot single-family residential,
zoned A-1; to the west is vacant undeveloped (mostly pine tree forest) land (Arden Park) zoned PUD; to the
east is vacant partially treed land zoned R-1AA; and to the south is Clarke Road with vacant land in an
unincorporated county enclave on the west side of the road zoned A-1 and on the east side of the road is
Orchard Park Subdivision zoned R 1-AA.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
The surrounding future land use is "Low Density Residential" except for certain portions to the north and
east which are designated as "Conservation/Floodplains".
DISCUSSION:
The PUD was officially approved by the City Commission on August 17, 2004 for a maximum of 140
dwelling units (60 Lots maximum on Tract A & 80 Lots maximum on Tract B). The approved PUD requires a
minimum lot size of 75 feet by 125 feet and 26 feet by 65 feet for the townhomes portion of the site. The
minimum dwelling size for the single-family portion is 2,000 square feet and 1,500 square feet for the
townhomes portion. The maximum gross residential density is 3.6 dwelling units per acre.
The Land Use Plan indicates Townhomes (Tract B) on the southern portion of the site; however, due to the
current market conditions and the SJRWMD requisites, the applicant has requested the ability to expand the
single-family use onto the southern (townhome area) portion of the site if market conditions warrant.
Accordingly, the Applicant has requested to Amend the Land Use Plan to provide for single family
residences on Tract B.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed the Amended Land Use Plan for Oak Trail Reserve
PUD on June 25, 2008. There was no remarks in reference to the Amending the Use Plan for Oak Trail
Reserve PUD.
The DRC voted unanimously to recommend approval of the Amended Oak Trail Reserve PUD, as date
stamped received by the City on June 9, 2008.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC, Staff respectfully recommends that the City Commission adopt
an ordinance to Amend the Land Use Plan for Oak Trail Reserve PUD, as date stamped received by the
City on June 9,2008.
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Aerial Map Location
PUD Amendment Ordinance
Amended Land Use Plan for Oak Trail Reserve PUD, date stamped June 9,2008
Financial Impact:
N/A
Type of Item:
x Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deoi Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City
Attorney
Reviewed by Finance
Dept.
Reviewed (
by
O:\Staff Reports\2008\SR080039_AF _OakTraiIReserveAmend_LUP _CC.doc
N/A
N/A
N/A
Oak Trail Reserve Location Map
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L
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A NONSUBST ANTIAL AMENDMENT TO
THE LAND USE PLAN FOR OAK TRAIL RESERVE PUD
ON CERTAIN REAL PROPERTY COMPRISING
APPROXIMATELY 38.6 ACRES LOCATED NORTHEAST
OF THE INTERSECTION OF CLARKE ROAD AND
CLARCONA-OCOEE ROAD AND WEST OF THE WEST
ORANGE TRAIL, AS PETITIONED BY THE PROPERTY
OWNER; AMENDING TRACT B OF THE LAND USE PLAN
FOR OAK TRAIL RESERVE PUD TO ALLOW FOR THE
DEVELOPMENT THEREON OF EITHER: (A) UP TO A
MAXIMUM OF 25 SINGLE FAMILY RESIDENTIAL UNITS,
OR (B) UP TO A MAXIMUM OF 80 TOWNHOME UNITS, IN
LIEU OF ALLOWING ONLY TOWNHOME UNITS, AS
PREVIOUSLY APPROVED; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of certain real property located within the corporate limits
of the City of Ocoee, Florida, as described in the Exhibit" A" has petitioned the City Commission
of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the
"Amendment") to the Land Use Plan for Oak Trail Reserve, as approved by the Ocoee City
Commission on August 17,2004 (the "Land Use Plan");
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on June 25, 2008;
WHEREAS, the DRC found that the Amendment constitutes a nonsubstantial
amendment to the Land Use Plan and approved said Amendment;
WHEREAS, the Ocoee City Commission held a de novo public hearing with public
notice thereof with respect to the proposed Amendment and this Ordinance on
2008;
ORLA_1087413.1
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WHEREAS, the Ocoee City Commission considered this Ordinance in accordance
with the procedures set forth in Section 166.041(3), Florida Statutes, and determined that this
Ordinance is consistent with the Ocoee Comprehensive Plan.
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.
Amendment to the Land Use Plan. The Amended Land Use
Plan, which is attached hereto as Exhibit "B" and by this reference incorporated herein, is hereby
approved. Said Amended Land Use Plan supersedes and replaces the previously approved Land
Use Plan. All references to the Land Use Plan or the Amended Land Use Plan for Oak Trail
Reserve PUD shall hereafter refer to the attached Amended Land Use Plan.
SECTION 3.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 4.
Inconsistent Ordinances.
All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 5.
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.
ORLA_1087413.1
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SECTION 6.
Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
s. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2008
READ FIRST TIME , 2008
READ SECOND TIME AND ADOPTED
, 2008
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this _ day of , 2008.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1087413.1
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EXHIBIT "A"
Legal Description
OVERALL BOUNDARY DESCRIPTION
That portion of Section 33, Township 21 South, Range 28 East, and that portion of Section 4,
Township 22 South, Range 28 East, Orange County, Florida described as follows:
Begin at the Southwest corner of the Southeast 1/4 of aforesaid Section 33; thence North OOr'
05' 11" East along the West line of the Southeast 1/4 of Section 33 for 594.20 feet to a point
lying 815.00 feet Southerly of the Northwest corner of the Southwest 1/4, of the Southeast 1/4
of Section 33, said point also being the Northwest corner of Parcel NO.2 described in Exhibit A,
Official Record Book 5123, Page 120 of the Official Records of Orange County, Florida; thence
North 67~ 40' 37" East along the northerly boundary of said Parcel NO.2 for 32.46 feet to the
East line of the West 30.00 feet of the Southwest 1/4 of the Southeast 1/4 of said Section 33;
thence North 00'1 05' 11" East along said East line for 787.49 feet to the South line of the North
15.00 feet of the Southwest 1/4 of the Southeast 1/4 of Section 33 and the Southerly right-of-
way line of Trout Lake Road according to the plat of TROUT LAKE ROAD as recorded in Plat
Book 3, Page 9 of the Public Records of Orange County, Florida; thence South 89~ 39' 15"
east along said South line and southerly rights-of-way line of Trout Lake Road for 1296.90 feet
to the East line of the Southwest 1/4 of the Southeast 1/4 of Section 33; thence South 00 - 10'
58" West along said East line for 182.76 feet to the Northerly boundary of the West Orange
Trail formerly the CSX RAILROAD formerly the ATLANTIC COASTLINE RAILROAD; thence
along the northerly boundary of the West Orange Trail as described in Parcel 125A, Official
Records Book 4814, Page 3816 and Parcel 124 Official Record Book 5004, Page 3955 of the
Public Records of Orange County, Florida the following courses: run Southwesterly along the
arc of a circular curve concave Southeasterly having a radius of 1303.24 feet a chord bearing of
South 33~ 00' 22" West and a central angle of 23~: 45' 14" for 540.30 feet to the Point of
Tangency; thence South 21 n 07' 45" West for 175.70 feet to a Point of Curvature with a circular
curve concave northwesterly; thence Southwesterly along the arc of said curve having a radius
of 2834.79 and a central angle of 09n 12' 52" for 455.90 feet; thence South 59'1 39' 23" East
along a radial line for 5.00 feet to a intersection with a circular curve concave northwesterly and
being concentric with the previous described curve; thence Southwesterly along the arc of said
curve having a radius of 2839.79 and a central angle of 04~ 12' 08" for 208.28 feet to the Point
of Tangency; thence South 34'1 32' 45" West for 290.02 feet with a Point of Curvature of a
circular curve concave Northwesterly having a radius of 1612.02 and a central angle of 25- 26'
33" for 715.83 feet to the West line of the Northeast 1/4 of aforesaid Section 4; thence
departing aforesaid Northerly boundary of the West Orange Trail run North 01 ~ 27' 08" East
along said West line of 719.69 feet to the Point of Beginning.
Containing 38.62 acres, more or less.
TOO-B50
ORLA_1087413.1
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EXHIBIT "B"
[Amended Land Use Plan]
[See attached sheets]
ORLA_1087413.1
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