HomeMy WebLinkAboutItem #20 Eagle Creek of Ocoee Preliminary Subdivision Plan the Center of Good rl fh _
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AGENDA ITEM STAFF REPORT
Meeting Date: December 6, 2011
Item # aO
Reviewed By: /��,'
Contact Name: J. Antonio Fabre, AICP Department Director.
Contact Number: 407 - 905 - 3100/1019 City Manager: AZ,„
SubdwspolyPian
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1 w ect# LS2 ,
' Commission Diabict# 11 Gary Hood
Background Summary:
The subject property is located on the southeast corner of the intersection of Ocoee - Apopka Road and Fullers
Cross Road. It is approximately 97.90 acres in size, and is currently vacant except for several abandoned
agricultural structures. The property is currently zoned PUD Low Density. The Future Land Use designation is
"Low Density Residential" which allows up to 4 dwelling units per acre. The PUD allows for a residential
community that combines townhomes and single - family detached homes in a neo- traditional neighborhood
design concept. The table below references the future land uses, zoning classifications and existing land uses of
the surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North East: Low Density East: Single - Family Dwelling (R -1A) with East: Glad Tidings Church;
Residential SEU Permit; Orange County (A -1) Grazing Vacant Land
West: Commercial West: PUD - Commercial West: Vacant Land
East Low Density Residential, Orange County Citrus Rural (A -1) Scattered areas of Single -
Conservation /Floodplains Family dwellings and wetland
areas
South Conservation /Floodplains Single - Family Dwelling (R -1AA) Wetland area that is the site
of a future City park
West North: Commercial North: PUD - Commercial North: Vacant land
South: Low Density South: Orange County Residential (R -CE) South: Crown Pointe Woods
Residential residential subdivision
On October 21, 2008, the City Commission reviewed and approved the PUD rezoning and Land Use Plan subject
to a comment and an additional note. These two concerns were addressed and resolved with this review and
approval process.
The Preliminary Subdivision Plan (PSP) proposes a total of 254 residential units with a requested net density of
2.6 units per acre, which does not exceed the underlying land use density capacity or maximum allowed. Of the
254 total units, 80 are proposed for townhomes, and 174 are proposed for single - family detached residential lots.
Of the 97.90 total acres, approximately 40.02 acres are planned to be reserved for either open space or park
area. Of the 40.02 acres, approximately 23.5 acres are programmed to be conservation and buffer areas. The
development is proposed to be developed in 4 phases.
The townhome units are proposed to be two stories and have a minimum building area of 2,460 (Typical 2,870)
square feet, with a minimum living area of 1,000 (Typical 2,600) square feet. Parking in the townhome area will
be provided in garages in each unit and in surface Tots. The townhome units are proposed to be alley loaded to
achieve a neo - traditional design as is seen in communities such as Baldwin Park and Celebration. A minimum of
a 5 -foot front yard setback and a 20 -foot rear yard setback abutting the alleyway are proposed. The PSP also
proposes 4 different types of lot styles for the single - family detached units that include: Estate, Manor, Village,
and Cottage.
Twenty -one (21) of the 174 single - family detached units are proposed to be Estate lots. The PSP proposes a
minimum lot size of 10,000 (Typical 11,760) square feet for this lot type, with a minimum living area of 1,600
(Typical 3,600) square feet. The Estate Tots are proposed along the eastern portion of the development, with the
rear of each lot abutting a proposed open space area. A minimum of a 20 -foot front yard setback, 7.5 -foot side
yard setback, and a 20 -foot rear yard setback are proposed for this lot type.
Twenty -three (23) of the 174 single - family detached units are proposed to be Manor lots. The PSP proposes a
minimum lot size of 10,000 (Typical 11,600) square feet for this lot type, with a minimum living area of 1,600
(Typical 3,000) square feet. The Manor lots are proposed along the eastern and southern portions of the
development. A minimum of a 20 -foot front yard setback, 7.5 -foot side yard setback, and a 20 -foot rear yard
setback are proposed for this lot type.
Twenty -three (23) of the 174 single - family detached units are proposed to be Village lots. The PSP proposes a
minimum lot size of 8,000 (Typical 8,700) square feet for this lot type, with a minimum living area of 1,200
(Typical 2,500) square feet. This lot type will be primarily concentrated in the central portion of the development.
Many of the units provided in this lot type are proposed to be alley load oriented, with detached garages to
achieve a neo- traditional design. A minimum of a 15 -foot front yard setback, 5 -foot side yard setback, and 20 -foot
rear setback are proposed.
One hundred -seven (107) of the 174 single - family detached units are proposed to be Cottage Tots. The PSP
proposes a minimum lot size of 4,600 (Typical 5,200) square feet, with a typical minimum living area of 1,000
(Typical 1,960) square feet. Many of the units provided in this lot type are proposed to be alley load oriented, with
a minimum of a 5 -foot front yard, 5 -foot side yard and 20 -foot rear setbacks proposed for the alley load units. For
the units that are not alley load oriented, a minimum of a 20 -front yard setback is proposed. A minimum of a 5-
foot side yard setback and 15 -foot rear setback are proposed for all units provided in this lot style.
Access to the proposed development will be at three (3) locations. One full access point (Entrance "C ") will be
provided along Ocoee - Apopka Road. This access point will lead into a boulevard style entranceway that will
terminate at a roundabout which will provide access into the single - family detached portion of the development. A
fountain is proposed to be provided in the planter provided in the boulevard. The developer has proposed an
approximate 270 -foot right turn lane and a 290 -foot southbound left turn lane on Ocoee - Apopka Road to lead into
the main entrance of this development.
Two (2) additional access points are proposed along Fullers Cross Road. The first access (Entrance "A ") is
proposed approximately 700 -feet east of the intersection of Fullers Cross Road and Ocoee - Apopka Road. This
access point will provide access into the townhome portion of the development. Additionally, this access aligns
with the existing entrance of Glad Tiding Church. The second access point (Entrance "B ") on Fullers Cross Road
that is proposed approximately 450 -feet east of the first access point (Entrance "A "). This access point (Entrance
"B ") will also lead into the townhome portion of the development, and will continue south into the single - family
detached portion of the development. Furthermore, this access is programmed to be aligned with the future
entrance to Glad Tiding Church.
The PSP also calls for additional improvements along Fullers Cross Road. The development as proposed has a
379 -foot westbound left turn lane at the intersection Fullers Cross and Ocoee - Apopka Road. There is a 290 -foot
long left turn lane into the second access point (Entrance "B "). In addition, there is 290 -foot long left turn lane and
a two -way 408 -foot long left turn lane. These two lanes will facilitate the development (Entrance "A ") and also
Glad Tiding Church. Construction and implementation of all the improvements will be via existing Development
Agreements.
The developer has proposed on -site amenities that will be constructed during various phases of development.
The main on -site amenity that will be constructed is a clubhouse and community pool. This is proposed to be
constructed in the central portion of the development concurrent with the first phase of construction. In addition to
the clubhouse, a tot -lot will be constructed adjacent to the clubhouse.
The Preliminary Subdivision Plan as proposed is substantially consistent with the Land Use Plan. It should be
noted that the trail shown on the Land Use Plan is not shown on the PSP. The trail was not feasible at this time
due to current wetlands requirements being imposed by St Johns River Water Management District (SJRWMD).
Nevertheless, the PSP is consistent with the required number of amenities for a project of this size.
The Preliminary Subdivision Plan as proposed is consistent with the Land Development Code aside from the
requested waivers listed below:
1. The applicant has proposed to increase from 2 to 4 ground signs due to having three subdivision
entrances and an additional subdivision sign located at the corner of Fullers Cross Road and Ocoee -
Apopka Road.
2. The sign copy area is requested to be increased from 18 square feet to 35 square feet due to its unique
logo design.
3. The subdivision ground sign maximum height is also requested to be increased from 6 feet to 9.5 square
feet due to keeping the height in proportion with the width and to keep the text legible.
Justification to allow the City Commission to grant waivers from the Land Development Code is based upon the
project demonstrating an offsetting public benefit which is technically sound and measurable. The project as
presented has significant roadway improvements and certain right -of -way dedications that would ultimately
enhance vehicular and pedestrian circulation. Therefore, staff recommends approval of the waivers as requested.
Approval of the Preliminary Subdivision Plan is subject to the requirements of school concurrency unless the
residential development is exempt from school concurrency under the provision of the Amended Interlocal
Agreement for Public School Facility Planning and Implementation of Concurrency between the City, School
Board and the County. City staff has advised the developer that the project is subject to school concurrency and
during the course of review of the Preliminary Subdivision Plan the developer sought to obtain a school
concurrency agreement with the School Board. The developer and the School Board did not reach an agreement
and the School Board has determined that the proposed project does not currently meet the requirement of
school concurrency. City Commission consideration of the Preliminary Subdivision Plan was pulled from
previous agenda's for this reason. In order to remedy this deficiency, on October 12, 2011, the developer applied
to the City for an exemption from school concurrency on the basis that the project would be vested at common
law for purposes of school concurrency. This exemption was processed and reviewed in accordance with the
procedures set forth in the Interlocal Agreement and the Ocoee Land Development Code.
Prior to reaching a final decision on the vested rights application, the City Planner and City Attorney met with
representatives of the School Board to discuss the application and a draft Certificate of School Concurrency with
respect to the Project. Following that meeting, the City Planner made a determination that the Eagle Creek
residential development is exempt from school concurrency based on the common law vesting and its
implementation under the provisions of the Ocoee Land Development Code. A complete copy of the developer's
application and the Certificate of Vesting — School Concurrency is on file with the Planning Department. The
Certificate is appealable to the Ocoee City Commission by the filing of an appeal with the City Clerk within 30
days from the rendering of the City Planner's Vested Rights Determination. At this time, it is not known whether
the School Board will appeal this determination. If the City Commission were to grant the appeal or if the
decision of the City Planner were to otherwise be overturned, then the developer would not be eligible to obtain
approval of the Preliminary Subdivision Plan until such time as the Eagle Creek residential development met the
requirements of school concurrency.
Issue:
Should the Honorable Mayor and City Commissioners approve the Preliminary Subdivision Plan for Eagle Creek
of Ocoee?
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on June 14, 2011, and reviewed the Preliminary Subdivision
Plan request. The applicant was notified of several minor outstanding items on the Preliminary Subdivision Plan
that need to be resolved prior to the item being scheduled for City Commission.
No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the
Preliminary Subdivision Plan for Eagle Creek of Ocoee subject to the above requested changes prior to the item
being presented to the City Commission for approval.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the Eagle Creek of Ocoee Preliminary Subdivision Plan on July
12, 2011. City Staff presented a brief overview of the Preliminary Subdivision Plan. Staff and the Applicant
answered several questions regarding the proposed project including: offsite improvements, traffic study, traffic
mitigations, right -of -way dedications, and flood zone map revisions. There was no one from the public to speak
regarding this proposal.
Commissioner Golden proposed that Condition of Approval (COA) #56 should be edited to include additional
language that states, final approval will be required by Florida Department of Environmental Protection (FDEP)
for the arsenic clean up of the site. The Applicant indicated that FDEP considers this site exempt from review and
approval due to its historical agricultural activities. In addition, the applicant feels comfortable that COA #56 is
adequate to address the arsenic remediation for the project. Nonetheless, the P &Z commission requested that
the City have a copy of a letter or minutes that indicate that this project is exempt from FDEP remediation review
and approval.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of
the Preliminary Subdivision Plan for Eagle Creek of Ocoee, subject to resolving the last remaining issues
addressed at the DRC meeting before the Ocoee City Commission meeting and that the Applicant/Developer
provide to the City written proof of exemption from FDEP for arsenic remediation oversight prior to their final
subdivision plan approval.
Subsequent to the P &Z Commission meeting, the applicant/owner has resolved all outstanding
comments and provided all requested documents (see attached letter from The Tate Firm, PLLC stamped
dated received by the City on October 3, 2011).
Staff Recommendation:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Preliminary Subdivision Plan for Eagle Creek of Ocoee, subject to
the condition that the approval will be deemed to be automatically revoked if (i) the School Board files a timely
appeal of the City Planner's Vested Rights Determination and the City Commission overturns the decision of the
City Planner and finds that the residential development is subject to the requirements of school concurrency and
such City Commission determination is not reversed by a final judicial determination, or (ii) if the City Planner's
Vested Rights Determination is invalidated by a final judicial determination.
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Letter from The Tate Firm, PLLC stamped dated received by the City on November 18, 2011;
Preliminary Subdivision Plan for Eagle Creek of Ocoee.
Financial Impact:
None.
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
Eagle Creek
Location Map
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THE TATE FIRM, PLLC
ATTORNEYS AND COUNSELORS AT LAW •
November 17, 2011 I
Michael Rummer 1,-;\ N ov 1 8 2011 ` L.)
City Planner
City of Ocoee Planning Department —
150 N. Lakeshore Drive
Ocoee, FL 34761
Re: EAGLE CREEK OF OCOEE
APPLICATION FOR PRELIMINARY SITE PLAN APPROVAL
APPLICATION NUMBER LS- 2009 -002
Dear Mr. Rummer:
We have acted as counsel to the property owner ( "Owner" or "Applicant ") of the above -
referenced project with respect to environmental conditions at the property. In our capacity as
counsel to the Owner, we have prepared or examined the following documents:
(a) Site Screening Investigation Report, prepared by Brown & Caldwell Consulting
Engineers, dated August 1990.
(b) Final Report Soil Sampling prepared by Woodward -Clyde Consultants, Dated
December 1993.
(c) Phase I Environmental Site Assessment, Nodarse & Associates, Inc., dated October
1998.
(d) 2001 Site Activity Disclosure Report, prepared by Geomega, dated April 2001.
(e) 2003 and 2004 Soil Sample Analytical Results and Map, TASK Environmental, Inc.
(f) 2005 and 2006 Groundwater Sample Analytical Results and Map, TASK
Environmental, Inc.
In addition, the Owner has conducted ongoing environmental testing and examination of the
Property from 2001 until the present. We have reviewed the data available from the ongoing
testing, and used this data, as well, in formulating our opinion. The documents listed as (a)
through (f) above and the ongoing test data are referred below collectively as the "Environmental
Reports."
ORLANDO OFFICE: KEYSTONE HEIGHTS OFFICE: DESTIN OFFICE:
1301 W. COLONIAL DRIVE POST OFFICE Box 724 970 GULF SHORE DRIVE
ORLANDO, FL 32801 KEYSTONE HEIGHTS, FL 32656 DESTIN, FLORIDA 32541
TELEPHONE: (888)595 -3828 TELEPHONE: (352)478 -4555 TELEPHONE: (888)595.3828
FAX: (352)275 -5011 FAX: (352) 275 -5011 FAx: (352)275-5011
FIRM ATTORNEYS ADMITTED IN: ARKANSAS, CALIFORNIA, CONNECTICUT, DISTRICT OF COLUMBIA,
FLORIDA, MAINE, MARYLAND, MASSACHUSETTS, NORTH CAROLINA, PENNSYLVANIA
We have relied upon the authenticity and accuracy of the Environmental Reports, and we have
accepted the environmental conditions as set forth in the Environmental Reports as true
reflections of the conditions at the property.
The property was owned by the Grafton Family from the early 1900s until December 2001. The
Graftons operated a citrus grove and cultivated row crops on the property during the period of
their ownership. The Applicant leased various portions of the farm property from the Graftons
from the 1960s through 1993 for the purposes of agricultural and home and garden product
research whereby these products were applied and tested.
Based upon the foregoing, we are of the opinion that:
1. The Property is an unregulated site. Specifically, the environmental conditions at the
Property do not require a supervised remediation or oversight by Federal or State
environmental regulatory agencies. As such, the Owner may proceed with development
of the site in accordance with the Developers Agreement entered into between the City of
Ocoee and Owner, dated October 21, 2008, and as approved by this Commission.
2. The City of Ocoee will not incur any environmental liability for the property by
approving the Preliminary or Final Subdivision Plans.
In formulating our opinion, we considered the following environmental laws.
1. The Comprehensive Environmental Response, Compensation and Liability Act
( "CERCLA "), 42 U.S.C. section 9601, et seq.
Under the federal scheme, certain facilities may be regulated, provided that there has
been a release of hazardous substances in certain reportable quantities. I In addition,
the Federal CERCLA statute provides for "covered" or "responsible" persons under
the statute. "Covered" persons include:
a. The owner or operator of a facility /property,
b. Prior owners or operators of a facility /property at the time of disposal of
hazardous substances,
c. Those who transport/arrange for the transport of hazardous substances.
Under the federal statute, however, there is an exemption for the application of
agricultural products. The use and application of agricultural chemicals is outside the
purview of the Federal statute, and thus, are unregulated. 3 Based upon our review of
the Environmental Reports, the presence of certain substances at the Site are solely as
a result of the application of agricultural products by the Grafton and the present
Owner.
42 USC section 9603.
2 42 USC section 9607 sets forth who are covered persons under the statute.
3 42 USC section9603.
Our review demonstrates that, at this site, any chemicals or substances present result
from the application of agricultural products. In addition, the presence of any
agricultural products is in concentrations which do not exceed Federal standards.
Therefore, the site is not subject to Federal regulation.
2. Florida Statutes Chapters 376 Pollution Discharge Prevention and Removal and 403
Environmental Control.
Under Florida State statues, certain sites may be regulated by the Florida Department
of Environmental Protection ( "FDEP ") where there has been a release of certain
substances, provided that:
a) The substance is a pollutant as defined by the statue,
b) The substance was released, discharged or misapplied as defined by the statue,
c) The substance enters the groundwater, surface water or the air,
d) The substance is present in in concentrations in excess of standards as defined
by the statue. 4
Specifically, the State statutory definition of regulated or prohibited discharges does
not include the routine application of agricultural chemicals. 5 Moreover, the
statutory definition of regulated or prohibited pollution means the presence in the
outdoor atmosphere or waters of the State of a pollutant. The Environmental
Reports demonstrate clearly that there are no pollutants present in the atmosphere or
waters at the Property or of the State.
Thus, neither the Federal CERCLA statutes nor the State of Florida statues apply,
and the Owner may proceed to develop the Property in accordance with the approvals
granted by the City of Ocoee.
Finally, all of the environmental statutes define whether a person, business entity, or
governmental entity, could be a responsible party under the statutes. Those who may
be held responsible for environmental conditions include past and present owners of
the property, operators of a facility on the property, and those who transport or
arrange for the transport of hazardous substances. In reviewing and acting upon the
Application of the Owner, the City of Ocoee has not acted in the capacity of an
operator of the Property, nor has the City of Ocooe ever arranged for the transport of
hazardous substances from the Property. Lastly, since the City also has never had an
ownership interest in the Property, it cannot be deemed to be a responsible party
under the statutes.
4 Florida Statues 376.031; 376.302; 403.031 403.121; 403.141; 403.161
S Florida Statutes 376.031(7); 403.011(12); 403.141.
6 Florida Statutes 376.031(17); 403.021(1); 403.031(7)
42 USC section 9607; Florida Statutes 376.031; 376.301.
The conclusions stated above are expressed as of the date of this opinion. We assume no
obligation to supplement this opinion if after the date of this opinion any applicable laws change
or we become aware of facts that might change the conclusions expressed above.
This opinion is furnished to you solely for your benefit. This opinion may not be used, quoted
from or relied upon by any other person without our prior written consent, except that you may
deliver copies of this opinion to (a) independent auditors, accountants, attorneys and other
professionals acting on behalf of you, and (b) designated persons pursuant to an order or legal
process of any court or governmental agency.
Sincerely,
R. Paul Roecker, Esq.
COQ''-` of Advertisement that ran in the »rint media
Date Published and Media Name
fir\ rte\ hL .I -i N3ol e.1"1r"1 r l-k t I
. 1
Advertisement or Article
OF 000EE -_-
NOTI E �pI1 NG
PREUMINA Y S C ON PLAN
NOTICE IS HEREBY GIVEN, pursuant to Sec-
tion 4- 4G(1)(c)2, Ocoee Land Develop-
ment Code, that on TUESDAY, DECEMBER 6, i
2011, at 715 p.m., or as soon thereafter as
practical, the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING at the Ocoee
City Commission Chambers, 159 North
Lakeshore Drive, Ocoee, Florida, to
consider the Eagle Creek of Ocoee
Preliminary Subdivision Plan located
on the southeast corner of Ocoee-Apop-
ka Rood and Fullers Cross Road. The
parcel ratification number is 07-22 -
Interested parties may appear at the
public hearing and be heard with re-
spect to the proposed actions. The
complete l legal description including imetes co m-
bounds, may be inspected at the Ocoee
Planning Department, 150 North Lake-
shore Drive, Ocoee, Florida, between
Monday through Friday n excepT legal
holidays.
The City Commission may continue
the public hearings to other dates and
i
times, as t deems necessary. Any in-
terested party shall be advised that
the dates, times, and places of any
continuation of these or continued pub-
, lic hearings shall be announced during
the hearings and that no further no-
tices regarding these matters will be
published. You are advised that any
person who desires to appeal any decr
slon made during the public hearings
will need a record of the proceedings
and for this purpose may need to en-
sure that a verbatim record of the pro-
, ceedings is made which includes the
testimony and evidence upon which
the appeal is based. Persons with dis-
abilities needing assistance to partici-
pate In any of the proceedings should
contact the City Clerk's Office 48
ad of the meeting at •
(407) Beth Eikenberry, City Clerk
OL51161905 11/24/2011
•