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HomeMy WebLinkAboutItem #08 Substantial Amendment to Approved Land Use for Arden ParktVe Center of Good Li`�* AGENDA ITEM STAFF REPORT Meeting Date: January 15, 2013 Item # Contact Name: Contact Number: J. Antonio Fabre, AICP 407 - 905 - 3100/1019 Reviewed By: — KA �� Department Director. x oz City Manager: Subject: Substantial Amendment to the Approved Land Use Plan for Arden Park PUD Project No(s): RZ- 12 -07 -05 Commission District # 4 — Joel F. Keller Backaround /Summarv: On November 21, 2006, the Arden Park PUD was officially approved (see attached Staff Report) by the City Commission. The PUD encompasses approximately 411.9 acres in size and is generally located on the north and south sides of Clarcona -Ocoee Road, west of Hobson Road, and east of Ingram Road. On November 6, 2007, the City Commission reviewed and approved the Preliminary /Final Subdivision Plan (PSP /FSP) for Arden Park South a 157 lot single - family residential subdivision. Arden Park South is the first phase of the approved Aden Park PUD. The requested actions in this amendment do not affect Arden Park South (Phase 1). At this time, Arden Park South is currently being constructed and will proceed with its current PSP /FSP development order. The Arden Park PUD was originally approved for a maximum of (595 SFR + 330 TH) 925 dwelling units. The Land Use Plan originally indicated townhomes on the northern portion of the PUD; however, due to the current market conditions, the applicant has modified the plan to include only single - family as the primary residential use. Accordingly, the Land Use Plan was amended to reflect the Applicant's request. The following modifications are proposed with this amendment submittal: • No townhome component; • Maximum number of dwelling units 844; • All internal roadways will be private and gated; • On the Clarke Road extension only one access entrance to the PUD is proposed while two are proposed for the School Site; • The full access road connection on the extreme southeast portion of the PUD is proposed to be removed; • The Ingram Road access entrance and the access point on the northern adjacent property are proposed to be removed; • A new pedestrian connection on Ingram Road is proposed. • The amended residential lots by phases tables indicate that there will be 217, 42' x 120' lots with a minimum living area of 1,300 square feet, 310, 55' x 120' (99, PH1 125) lots with a minimum living area of 1,800 square feet, 169, 65' x 120' lots with a minimum living area 2,000 square feet, 90, 75' x 120' lots with a minimum living area of 2,400 square feet, and 58, 85' x 125' lots with a minimum living area of 2,400 square feet; • Rear setback change from 25' to 20' on all lots with 120' in length; • Perimeter features will include 6' high cementitious (or precast) wall system as an option; • One additional LDC waiver is requested with this PUD Amendment. The waiver request is for a 1,200' maximum length standard for roads ending in a cul -de -sac instead of the 800' maximum length Code standard. The waiver justification is to allow for tree preservation and /or grading transitions on north side of Lake Sims and other areas on property; • New single - family elevations were also submitted by the developer for your review and consideration. Issue Should the Mayor and City Commissioners approve the Substantial Amendment to the PUD Land Use Plan for Arden Park? Development Review Committee (DRC) Recommendation: On December 4, 2012, the DRC met to determine if the proposed Amendment to the PUD Land Use Plan was consistent with the City's regulations and policies. According to the City's Land Development Code, alterations to an approved PUD Land Use Plan shall be classified as either substantial or nonsubstantial by the DRC. The Committee determined that the proposed amendment was considered a substantial amendment due to the criteria established in the City's Land Development Code. There were several outstanding issues to be addressed from the Planning Division, Engineering Department and City Attorney's Office that were identified in the meeting. Discussion ensued on the updating of the Development Agreement in order to reflect the new agreed upon Conditions of Approval. When the discussion was finished, the Committee voted unanimously to recommend approval of the Amendment to the Arden Park PUD, subject to resolving the remaining staff comments before the City Commission meeting. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the Substantial Amendment to the PUD Land Use Plan on December 11, 2012. City staff gave a brief overview of the project. Staff and the Applicant answered several questions regarding the proposed changes to the original PUD: perimeter wall materials, access points, waiver requests and road layouts. All of these questions were addressed adequately in the P &Z meeting. There was no one from the public to speak regarding this proposal. The P &Z Commission raised two commentaries regarding the Amendment to the PUD Land Use Plan. Chairman Campbell said that he likes the revised plan (conserving wetlands, etc.) as compared to the original Land Use Plan. Vice Chair McKey raised concerns with lot sizes, particularly the width because the biggest complaints HOAs get are parking issues. He further explained that 42' x 120' is a traditional lot size that the city has approved with alleys and anything shorter than 80 feet wide without alleys will create a future [parking] problem. After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (5 -1) of the Substantial Amendment to the PUD Land Use Plan, subject to resolving the remaining staff comments before the Ocoee City Commission meeting. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Substantial Amendment to the PUD Land Use Plan for Arden Park, subject to resolving the remaining staff comments. Attachments Location Map; Staff Report w/o attachments dated November 21, 2006; Ordinance Amending the PUD; Existing Approved Arden Park PUD Land Use Plan (Sheet 5 only) stamp dated November 21, 2006; Proposed Amendment to the Land Use Plan for Arden Park PUD. Financial Impact None. Type of Item (please mark with an `k') Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept 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 N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A Arden Park PUD Location Map N '7 Z, m m Mccormick a) L TROUT LAKE C U O U �l D TROUT LAKE E m UNNAMED STREET 11 Deneef � Jay N1 arkAdam Clarcona Ocoee C roomia 2nd o, Licaria CD Co a� Satin Leaf m J Nicole LAKE MEADOW LAKE MEADOW Trout Lake e� o U m m! m y O^ � U U L m. U 0.. a E Majestic Elm 3 Ancient Oak m a Applegate f0 N' F Aspenridge Hackney Prairie Oxton ; c a , h govogdo, PRAIRIE LAKE T ire t of Good z 0 ! AGENDA ITEM STAFF REPORT Meeting Date: November 21, 2006 Item # " j Reviewed By: Contact Name: Bobby Howell Department Director: Li ,J,, Contact Number: 407 - 905 - 3100/1044 City Manager: Subject: Arden Park Land Use Plan / PUD Rezoning Ordinance Project # RZ- 04 -08 -01 Commission District # 4 — Joel F. Keller Issue Should the Honorable Mayor and City Commissioners approve the Land Use Plan and PUD Rezoning Ordinance for Arden Park? Background Summary The subject property is located on the north and south sides of Clarcona -Ocoee Road, west of Hobson Road, and east of Ingram Road. The subject property is 411.9 acres in size and is currently zoned R -1AA (Single - Family Dwelling). The Future Land Use Map designates the property as Low Density Residential, with areas around Lakes Sims, Meadow, and Trout designated Conservation /Floodplains. To the north is property within the City that is zoned R -1AA, and property that is in unincorporated Orange County and is zoned agricultural. Both properties have a future land use designation of Low Density Residential. To the south is property that is in unincorporated Orange County that is zoned agricultural with a future land use designation of Low Density Residential and Conservation. From the portion of the property that is north of Clarcona -Ocoee Road, the properties to the west are in the City and consist of a golf course, an existing residential area, and a residential development, which is currently under construction. The properties have future land use designations of Recreation and Low Density Residential respectively. To the east is property that is within the City and is zoned Low Density (PUD) with a future land use designation of Low Density Residential. To the south of Clarcona -Ocoee Road the properties to the east and the west are in unincorporated Orange County with an agricultural zoning and have future land use designations of Low Density Residential. Clarcona -Ocoee Road and the West Orange Trail bisect the property dividing it into north /south zones. Lake Sims is in the center of the northern portion of the property, a portion of Meadow Lake is on the southern portion of the property, and Trout Lake is in the northeast corner of the portion of the property north of Clarcona -Ocoee Road. The property slops downward toward each of the lakes, with each lake having an associated wetland system. There is a natural spring that is in the northwestern area of the property within the vicinity of Ingram Road. There are rows of planted pine trees along the northern and eastern portions of the property, and a cleared area that consists of abandoned agricultural buildings along the western portion of the property that fronts Ingram Road. The property exhibits significant topographic relief. DISCUSSION: The request is to rezone the property to PUD (Planned Unit Development). The land use plan that was submitted for approval proposes 925 dwelling units mixed between single - family and townhome units with a maximum density of 2.96 dwelling units per acre. This density is consistent with the underlying land use and represents a similar density contained in a conventional single - family development. The plan proposes development of the project in six phases. The developer has proposed an enhancement plan for the wetland and floodplain areas around Lakes Sims and Meadow. An assessment indicates areas of invasive /exotic vegetation within the wetland and floodplain areas of these lakes. This plan details the removal of all invasive vegetation, and details replacement of such vegetation types with pickerelweed and Bald Cypress trees. A maintenance program is proposed for the enhanced wetland and floodplain areas to ensure that these areas are free from invasive /exotic vegetation. Additionally, the developer has proposed areas of limited grading to allow preservation of many specimen trees exceeding 24- inches in diameter throughout the property. During development activity in these areas, these trees will be protected with tree protection zones. The areas of limited grading are located in southwest quadrant of the portion of the site that is south of Clarcona -Ocoee Road, along the west side of Lake Sims on the northern portion of the site, and throughout a sizeable portion of the eastern portion of the site adjacent to the Clarke Road extension. The land use plan indicates the townhomes will be constructed in Phases 2 and 5, with a minimum square footage of 1,300 square feet, and a minimum lot size of 20' x 110'. Access to the townhomes will be via alleyways. The single - family units will be constructed in all 6 phases, with a minimum square footage of 1,400 square feet. According to the plan summary by phase contained within the land use plan, there will be 475, 55' x 125' single - family lots with units averaging 2,200 square feet in size, 26, 75' x 125' single - family lots with units averaging 2,500 square feet in size, and 94, 85' x 125' single - family lots with units averaging 3,000 square feet in size. Elevations that were submitted by the developer indicate housing styles for the single - family units will range from Spanish Eclectic to Craftsman, and will consist of French Country, Cottage Farm, and Craftsman styles for the townhomes. Each of the 925 lots will be graded on an individual basis to allow for increased tree protection on the site. The developer has agreed to construct a portion of the proposed Clarke Road extension along the eastern portion of the northern portion of the property, and will dedicate varying widths of right -of -way for the road. The main access point will be constructed along this segment of Clarke Road. In addition, the land use plan indicates approximately 15 acres will be dedicated to the School Board for an elementary school. The elementary school site will be accessed from the Clarke Road extension at a secondary entry point. Access to the remaining northern portion of the development will be from 2 points, one on Clarcona -Ocoee Road, and one on Ingram Road. The developer has indicated that right -of -way will be dedicated along Ingram Road to maintain a 60 -foot wide right -of -way. Orange County has indicated that Clarcona -Ocoee Road will be widened into a 4 -lane segment throughout this area. The property owner has reserved a sufficient amount of right -of -way to maintain a 180 -foot section of right -of -way along Clarcona -Ocoee Road to allow for the future widening. On the portion of the property that is north of Clarcona -Ocoee Road, the access points will converge into a loop road that will circle the perimeter of Lake Sims. As each phase is constructed, access roads leading from the loop road to each individual phase will be constructed, thus forming the internal street network. The developer will be responsible for curb, gutter, and drainage improvements along the portion of Ingram Road that abuts the northern portion of the development, and for the full cost of a traffic signal at the intersection of Clarcona -Ocoee Road and the Clarke Road in lieu of dedicating right -of -way for the widening of Clarcona- Ocoee Road. Turning lanes will be provided at each entrance consistent with the traffic mitigation Table -1. The land use plan designates a large area around the perimeter of Lake Sims for amenities for the portion of the property that is north of Clarcona -Ocoee Road, and a smaller area for the portion of the property that is located south of Clarcona -Ocoee Road. The area around Lake Sims will contain a community meeting room, swimming pool, gazebos, tot lot, barbeque area, workout circuit, and basketball court. The homeowners association will be responsible for maintenance of these amenities. This area will be contained within a preservation area that is associated with the wetlands and 100 -year floodplain areas that surround the lake. The portion of the property that is south of Clarcona -Ocoee Road will have a tot lot and picnic pavilion as amenities. In addition, stormwater facilities are proposed to be constructed within the 100 -year floodplain of Lakes Sims and Meadow on both the northern and southern portions of the property. The land use plan proposes buffering around the perimeter of the entire property, and around Lakes Sims and Meadow. A 6 -foot high brick wall with associated landscaping will be provided along the areas that abut Clarcona -Ocoee Road, the West Orange Trail, Ingram Road, the Clarke Road extension along the northern portion of the property, and the area along the western portion of the property located south of Clarcona -Ocoee Road. A 6 -foot high PVC fence with associated landscaping will be provided along the northern boundary of the property on the northern side of Clarcona -Ocoee Road, the existing residential area located along Ingram Road, and along the eastern and southern portions of the project that is located south of Clarcona -Ocoee Road. As mentioned above, buffers will be provided around Lakes Sims and Meadow in addition to the required 25 -foot wetland /floodplain buffer. These buffers will be provided to assist in enhancement of the wetland systems that are associated with these lakes, and will be comprised of plant types that are conducive to wetland environments such as Bald Cypress trees and cordgrass. In addition to property being divided by Clarcona -Ocoee Road, the northern boundary of the City's utility service boundary bisects the property along Clarcona -Ocoee Road. Water and sewer services for the northern portion of the property will be provided by Orange County, with the City of Ocoee providing services on the portion of the property that is south of Clarcona -Ocoee Road. The developer has indicated that Orange County Utilities has verbally confirmed that a 16 -inch water main is planned for construction along Ingram Road, which would serve the property. In addition, the City will provide reuse services to the property for irrigation purposes. The reuse lines will be supplied from the extension of the existing reuse system along Clarke Road. The City has worked with the developer to preserve and enhance the natural beauty of the site. Natural site amenities such as a spring on the northern portion of the site, a 2 ' / 2 acre pond on the southern portion of the site, and a majority of all trees over 24- inches in diameter on the site will be preserved. Environmental enhancements around Lakes Sims and Meadow will be performed. Many of the preservation and enhancement activities that will be undertaken require the development of the property in a manner that is not consistent with the requirements of the Land Development Code. Waivers from certain requirements of the Land Development Code have been requested to allow the proposed preservation and enhancement activities to occur on site. In addition to these waiver requests, a waiver has been requested to allow deferment of the construction of the Community Meeting Room to the time the 200 Certificate of Occupancy has been issued. The waiver requests have been provided in Table 2 of the land use plan. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on September 18, 2006 and reviewed the PUD Land Use Plan. The applicant was notified that additional fees had accrued and must be paid prior to the project going to Planning & Zoning Commission. It was discussed between staff and the applicant that phases of the project could be developed out of sequence due to issues with on -site drainage that have yet to be satisfied. In addition, the schedule for construction of the Clarke Road extension, and responsibility for the signal at the intersection of the Clarke Road extension and Clarcona -Ocoee Road were discussed. It was conveyed to the applicant that issues related to the signal should be coordinated with Orange County. The DRC voted unanimously to recommend approval of the PUD Land Use Plan subject to all changes that were discussed, and subject to the resolution of all the outstanding items being satisfied prior to the request being scheduled for Planning & Zoning Commission approval. City of Ocoee, PLANNING & ZONING COMMISSION RECOMMENDATION: The proposed Arden Park Land Use Plan / PUD Rezoning was reviewed at a Public Hearing by the Planning and Zoning Commission on October 10, 2006. City Staff and the Applicant answered several questions regarding tree preservation, proposed littoral zones, wetlands, conservation areas, the future roadway widening, alignments and extensions. The northern abutting property owner had several questions about the proposed grading in relationship to his property. The applicant's engineer answered his questions accordingly stating the property will be graded in a fashion that it will drain into Trout Lake. The abutting property owner appeared to be satisfied with the responses to his questions. After finishing its deliberations, the Planning & Zoning Commission voted unanimously (8 -0) to recommend approval of the Arden Park Land Use Plan / PUD Rezoning, Staff Recommendation Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an ordinance rezoning the property from City of Ocoee R -1AA (Single - Family Dwelling) to PUD based upon approval of the Land Use Plan, as date stamped received by the City on October 27, 2006; subject to 1) the developer agreeing to the timing and payment of the required traffic signal at the intersection of Clarke Road and Clarcona -Ocoee Road by incorporating a revised Condition of Approval 48 (xv) as attached; 2) adding the transition of an 80 -foot section of right -of -way from a 110 -foot section along Clarke Road and identifying the width of each right -of -way section in Table 1; and 3) noting the correct property owner on the second page of the plans. Attachments Location Map; Surrounding Zoning Map; Surrounding Future Land Use Map; Revised Condition of Approval 48 (xv); PUD Rezoning Ordinance; Draft Development Agreement; PUD Land Use Plan date - stamped October 27, 2006. Financial Impact None. Type of Item (please mark with an `z') X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X Ordinance Second Reading X 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 ORDINANCE NO. (Amendment to PUD Ordinance for Arden Park) TAX PARCEL ID #: 04- 22 -28- 0000 -00 -001 04- 22 -28- 8312 -00 -100 CASE NO. RZ- 12- 07 -05: ARDEN PARK PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE ARDEN PARK PUD ON CERTAIN REAL PROPERTY LOCATED NORTH AND SOUTH OF CLARCONA OCOEE ROAD, WEST OF CLARKE ROAD AND EAST OF INGRAM ROAD AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE ARDEN PARK PUD LAND USE PLAN TO PROVIDE FOR A REDUCTION IN OVERALL DENSITY AND TO ELIMINATE MULTI - FAMILY HOUSING UNITS WITHIN THE ARDEN PARK PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant " ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in the Exhibit "A" attached hereto has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to approve an amendment (the "Amendment ") to the Arden Park PUD Land Use Plan, as approved by the Ocoee City Commission on November 21, 2006 (the "Land Use Plan "); and WHEREAS, the Amendment proposes to reduce the overall density of the PUD and eliminate multi- family housing units from the PUD; and WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ("DRC ") on December 4, 2012; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission "); and WHEREAS, on December 1 l . 2012, the Planning and Zoning Commission held an advertised public hearing on the Application and recommended approval of the Amendment; and WHEREAS, on , the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Amendment and this Ordinance and determined that the Amendment and this Ordinance are consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance 491 -28, adopted September 18, 1991, as amended; and WHEREAS, the Ocoee City Commission considered this Ordinance 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 Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan The Amended Land Use Plan prepared by Court Street Partners, date stamped received by the City on , 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 same is hereby approved, subject to the Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan supercedes and replaces the previously approved Land Use Plans for the Arden Park PUD. All references to the Land Use Plan or the Amended Land Use Plan for the Arden Park PUD shall hereafter refer to the attached Amended Land Use Plan. SECTION 3. Conditions of Approval The property described in Exhibit "A" hereto shall be developed in accordance with and subject to the Conditions of Approval set forth in the Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any conflict between the Arden Park Land Use Plan referenced in Section 2 above and the Conditions of Approval, the Conditions of Approval shall control. SECTION 4. Ocoee Comprehensive Plan The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 5. Conflicting Ordinances All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 6. Severabilitv 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 7. Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 20 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 SHUFFIELD LOWMAN & WILSON, P.A. i City Attorney S. Scott Vandergrift, Mayor ADVERTISED , 20 READ FIRST TIME .20 READ SECOND TIME AND ADOPTED .20 UNDER AGENDA ITEM NO. EXHIBIT "A" Legal Description -4- EXHIBIT "B" [Insert Amended Land Use Plan] -5-