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HomeMy WebLinkAboutItem #12 Westyn Bay Commercial - Rezoning to PUD�r�►i'l fior do AGENDA ITEM STAFF REPORT Meeting Date: August 19, 2014 Item # Reviewed By. Contact Name: Michael Rum Department Director: Contact Number: 407 - 905 - 3100/1018 City Manager: Subject: Westyn Bay Commercial AF PUD Rezoning Ordinance / Land Use Plan - Project # RZ- 14 -03 -03 Commission District # 1 —John Grogan Background /Summary The subject property is located on the southwest corner of Ocoee Crown Point Parkway and Ocoee Apopka Road. The parcel is identified as parcel number 06- 22 -28- 0000 -00 -067. The parcel is 20.85 acres. The Westyn Bay Commercial Planned Unit Development (PUD) is comprised of 44 single - family units and 6.59 acres of commercial and stormwater /open space. The subject property consists of vacant and undeveloped land. The Future Land Use designation for the subject site is "Commercial ". The rezoning to PUD is required to introduce the residential density. The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Road right-of-way Road right-of-way Ocoee Crown Point Parkwa East Road right-of-way Road right-of-way Ocoee Apopka Road South Commercial PUD Commercial Vacant West Road ri ht -of -wa Road right-of-way Ocoee Crown Point Parkway The Westyn Bay Commercial PUD Land Use Plan will consist of 20.85 acres, with a mixed use development consisting of 9.88 acres of residential and 6.59 acres of commercial. The residential portion of the project is proposed at a maximum of 44 dwelling units. The lot size proposed is 50' x 100' (5,000 sq. ft.) The minimum living area is 1,500 sq. ft. The subdivision will be gated with private streets. The commercial portion will consist of 6.59 acres of C -2 (Community Commercial) uses. Access to the commercial out parcels will be via an existing curb cut on Ocoee Crown Point Parkway and right -in /outs on Ocoee Apopka Road. The Westyn Bay Commercial PUD Land Use Plan is a bubble plan indicating uses by tract and access locations. The next step in the development process will be a preliminary subdivision and site plan. This process requires public hearings before the Planning and Zoning Commission and City Commission. There is one (1) waiver from the Land Development Code that is currently requested. The Applicant has requested a waiver from Table 5 -1 Permitted Use Regulations to allow drive in restaurants within two hundred (200) feet from a residential property. The reason for the waiver is because of the mixed use requirement of the PUD, the residential lots will be less than 200 feet from the commercial out parcels. School capacity for the subject development has not been determined to be available by Orange County Public Schools. A determination and approval from Orange County Schools will be required before the City Commission will have a second reading on the ordinance. Issue Should the Honorable Mayor and Commissioners approve the PUD Rezoning Ordinance and Land Use Plan for Westyn Bay Commercial? Development Review Committee Recommendation: The Development Review Committee (DRC) met on June 2, 2014. and reviewed the PUD Land Use Plan for Westyn Bay Commercial. The Development Review Committee voted unanimously to recommend approval of the rezoning to PUD and associated PUD Land Use Plan, subject to completing any outstanding DRC comments. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed PUD Rezoning and Land Use Plan for Westyn Bay Commercial on June 10, 2014. City Staff presented a brief summary and overview of the requested actions. City Staff answered several questions regarding the site's existing conditions, access into the site, and the requested waiver. After finishing its deliberations, the Planning & Zoning Commission voted (7 -0) to recommend approval of the Westyn Bay Commercial PUD Rezoning/ Land Use Plan. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the City Commission approve the PUD Rezoning Ordinance and Land Use Plan for Westyn Bay Commercial, subject to resolving any remaining outstanding staff comments. Attachments Location Map Surrounding Zoning Map Aerial Map Rezoning Ordinance Proposed Land Use Plan for Westyn Bay Commercial Financial Impact None Type of Item : ( please mark with an "x') 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 - -- Reviewed by Finance Dept. Reviewed by ( ) N/A X N/A N/A Westyn Bay Commercial Location Map -.�. -- U ZV - to i rnr iCimeirosa anni y , eta of Good Ocoee Community Development Department 1 inch = 750.605264 feet 260130 0 260 520 780 Feet Printed: June 2014 Q Subject Property Unincorporated Territory ED and Other Municipalties Zoning Classification: General Agricultural (A -1) Suburban (A -2) Single - Family Dwelling (R -1AAA) Single - Family Dwelling (R -1AA) 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) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) Unclassified Lakes and Water Bodies Westyn Bay Commercial Surrounding Zoning Map ORDINANCE NO. (Rezoning Ordinance for Westyn Bay Commercial) TAX PARCEL ID #: 06- 22 -28- 0000 -00 -067 CASE NO. RZ- 14- 03 -03: WESTVN BAY COMMERCIAL AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE C -2, COMMUNITY COMMERCIAL, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.85 ACRES LOCATED ON THE SOUTH WEST CORNER OF OCOEE CROWN POINT PARKWAY AND OCOEE APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the owner or owners (the "Applicant ") of certain real property located within the corporate limits of the Cite of Ocoec. Florida. as hereinafter described. have submitted an application to the City Commission of the Cite of Ocoee. Florida (the "Ocoee ('it} Commission") to rezone said real property (the "Rezoning "): and WHEREAS. the Applicant seeks to rezone certain real property containing approximately 20.85 acres. more particularle described in Exhibit "A" attached hereto and bN this reference made a part hereof. from Ocoee C -2. C'omnuu1ity Commercial, to Ocoee PUD. "Planned Unit Development'": and WHEREAS. pursuant to Section 5 -9(I1) of Chapter 180 of the Code of Ordinances of the City of Ocoee. Florida (the "Ocoee ('ity Code"). the Director of Planning has reyieveed said Rezoning application and determined that the Rezonin(� requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance 491 -28. adopted September 18, 1991. as amended (the "Ocoee Comprehensive Plan - ): and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the Cite of Ocoee. Florida (the "Planning and Zoning Commission"), and WHEREAS. on .Lune 10. 2014. the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistence Keith the Ocoee Comprellensiee Plan and determined that the Rezoning requested b\ the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the Cite and recommended to the Ocoee Cite ORLA_1281024.1 Commission that the zoning classification of said real property he rezoned as requested by the Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the Applicant is consistent with the Ocoee C'omprclhcnsiv e Plan: and WHEREAS, on the Ocoee City Commission held a de now advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent vv ith the Ocoee Comprchensiyc Plan: and WHEREAS. this Ordinance has been considered by the Ocoee City Commission in accordance with the nrocedures set torth in Section 166.041 (3)(a). Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article Vlll of the Constitution of the State of Florida and Chapters 163 and 166. Florida Statutes. SECTION 2. REZONING The zoning classification. as defined in the Ocoee City Code. of the Property described in Exhibit "A" containing approximately 20.85 acres located within the corporate limits of the City of Ocoee. l' lorida. is hcrebv changed from Ocoee C -2. Coll1rllllnity Commercial, to Ocoee I'UI). "Planned t'nit Dc%clopment." A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. LAND USE PLAN The tolloxv mu Land Use Plan for the Property described in Fxhibit "A*' to this Ordinance is hereby approv cd subject to the Conditions of Approval and Waiver(s). if any. from the Ocoee Land 1)eyclopment Code set forth thereon: That certain Land Use Plan for VA'estvn Bay Commercial prepared b\ Kimlcy Horn & Associates. Inc.. date stamped �recciv�ed by the City on June 4. 2014. with such additional revisions thereto. if any. as may be rellected in the minutes of the City Commission of the City of Ocoee meeting approying the same. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 4. COMPREHENSIVE PLATS The Cite Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 5. ZONING MAP The City Clerk is hcrebv authorized and directed to revise the Official Zoning Map ofthe City of Ococc in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hcrebv authorised to execute said revised Official Zoning Map in accordance with the prov isions of Section 5 -1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. CONFLICTING ORDINANCES All ordinances or parts o1 ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 prov ision and such holding shall not aficct the yalidlo, of the remaining portion hereto. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this ATTEST: Beth Eikenberry. Cite Clerk (SEAL) ADVEIZ] ISH) 20 RVA1) 1`1IZST "I - IMI 20 READ SF(0ND TIML AND ADOPTED 1'rider Auenda Item No. 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. Bv: City Attorney day of 20 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandcrul Manor �0 EXHIBIT "A (The "Properhv ") EXHIBIT "B" JINSERT MAP] EXHIBIT "C" LAND USFI PLAN JATTACH LAND USE PLAN) I LEGAL DESCRIPTION: PUD REZONING oes ,BED Fouo vs FAR ELF LAND LYNG N SFGT GN 6 TG WNRHIP 22 R HT RANGE 29 EAST GRAN 3E GGJNr DA PENN W E STY N BAY COMMERCIAL CO E CE A A 4 XS CCNCRET[ MONNdc NI A' THE S 5 NER 0 THE M E i /. C D SECTION 6 5 OF REFERENCE' HENCE RJN S8fi 0 THE U LINE T. 649 FEE THE AL ONG RG G W A Y L O G P T G sEC s D Po T Nc c TFE WES o' L IKE o ou Roo }J THE ry OF E ° D R.G `WAY` - 2 B T TO E PHASE l ccNCnvE RD THE sou Haoo TMEFC r 4L E OF n' OF E ORANGE C 'T PUQLC T HE O D SA E B -T °E PLANNED UNIT DEVELOPMENT E ING A CENTRAL ANGLE OF 103CD2 R DUS OF M -TRLY ALONG SAID RIGHT OF WAY ONE AND CURVE F- A . LE OF 89 .99 CHORD DE G OF sYi N9 A CHORD D F F IS OR 50 00 FEET Y ARC FEET A C THE SC E HENCE RUN WESTERLY ALONG SAID R 0 AY L AND CURVE HAV'NO A CE RAL ANGLE DF FEE' T E kU.V NJ4'4308 W, GON "NJ V6 ALONG SAID RG T DF WAY L Nza 12 a' NE. 3]]89 FEET TO A S V' 14 CO NCAVE TO LAND USE PLAN 5 330 ° A RAD OF 640.00 FEE A ARC LENGTH 597 SE FEET. A CHORD BEAT NG OF S 83 97 A C40 ARE CE OF 576.13 FEET E CE 55 54'W, CONT LNG SA R A NAT LIKE. 5 97.88 F.Ei T.E NORTH L OF TRACT k Y+£ B PHASE 1 THENCE UN THE LO G 9 CCJ ES AND D N S NG SAID NORTH L 5 3 6 F. 7,45 FEET 5) 238E 62.9 FEET S47 32 E 6 9 ET, 528 J 5 E 72.85 FEET 5430519E 5 7 FEE 55054 23 E, 55.79 FEE 543 2 2 E 4 FE G32'561 8 E ^ 8 J9 FEET 5 .'3403"E 79. J0 FEET. S624J23 c' 32.fi] FEET; 56 ° 52'E 42.9 FEET 583536 E 12 83 FEET; �'�� O� Ocoee, Florida 53 EE 51 E 9. FEET '86 'E 7 SC FEET ' S88 3 E 50,75 FEE - 274 E ee r d N 835'25"E F T 35.E3 FEET, N6'12535"E, 73.62 4 F T' S5 234'E 5.92 FEET TO AFOREM TIC D WEST HT G L E OF COU tt 43J SAD LVE BEVG A CJRVE CONCA E TO TFE EAST; THENCE R N . k Y AL S'D R JUNE 4 2014 - , R D S OF 2 7 FEET AN RC LE H OF Cr WAY LINE AND CURVE HAV C T L VGLE OF 0 " 452. FE. A CH SHE BEARING OF N22 E AND A CHCFD DSTANCE OF a.,.4 F ET: THENCE RUN N281718 E. 1 C U'.VG ALONG SAD WEST RGHT OF WAY LINE 158.53 FEET TO P1 POINT CF B INV!NO. P� U J I � - P� I PROJECT LOCATION � �" - y 1 I - 1 " VICINITY MAP � ,- _ - DEVELOPMENT NOTES: - -" - r' . ORC ELAND TRUST RESIDENTIAL: COMMERCIAL: 1 TRACT SIZE 20.85 Ac . 1 I I I t �1 MORGAN PROPERTYGROUP 2. NET USEABLE AREA' 20.85 AC 1,T RACT SIZE: 9.88 AC 1. TRACT SIZE: COMMERICALIRETAIL TRACT: 6.59 ACRES COVER SHEET uL JUN -- 42014 Lli 2. PROPOSED DENSITY: 4 UNITS /ACRE (MIN.) DRAINAGE TRACT: 4.37 ACRES CONTACT: JAY R. JACKSON, P.E. 3. EXISTING ZONING: C -2 LIFT STATION TRACT: 0.01 ACRES LL J 4, PROPOSED ZONING: PD 3 . MIN. LOT SIZE: 50' x 110' TOTAL AREA 10.97 ACRES PREPARED BY 5. APPROVED FUTURE LAND USE: GOMM 4, MIN. NET LIVING FLOORARFA: 1,500 SF 2. MAXIMUM FAIR.: 3.0 5. MAX. BUILDING HEIGHT: 35 FT 3. OPEN SPACE: 2D% (MIN.) S 6 SUPPORT SERVICES WATER: ORANGE COUNTY UTILITIES (PROVIDED ALONG SOUTH SIDE OF OCOEE CROWN 6. OPEN SPACE: 30% (MIN.) 4. MAX, IMPERVIOUS COVERAGE: 80% (ON COMMERCIAL TRACT) SURVEYOR: POINT PKWY AND ALONG WEST SIDE OF C.R. 437) 7. RECREATIONAL AREA: 0.69 ACRES 5, MAX. BUILDING HEIGHT: 35 FEET RECLAIMED WATER: CITY OF OCOEE 8. SCHOOL AGE POPULATION: 19 (44 LOTS x 0.431) 5. BUILDING SETBACKS: SHANNON SURVEYING, INC GRAY ROBINSON 301 EAST PINE STREET, SUITE 1400 (PROVIDED ALONG SOUTH SIDE OF OCOEE CROWN SETBACKS: COLLECTOR ROAD (COUNTY RD 437): 35 FEET POINT PKWY) g, BUILDING LOCAL ROAD ( OCOEE CROWN POINT PKWY): 25 FEET ©20:4 ro E[r -N CR ssocl ics, :vc - MAIN STRUCTURES: REAR (ADJACENT TO RESIDENTIAL): 50 F ET 3 W SANITARY: ORANGE COUNTY UTILITIES FRONT: 20 FEET SIDE: 25 FEET (PROVIDED AT THE INTERSECTION OF OCOEE SIDES: 5 FEET EMAIL '. shennosury @aol.com V CROWN POINT PKWY AND WESTYN BAY BLVD.) REAR: 15 FEET 7. PAVEMENT SETBACKS' ACCESSORY STRUCTURES: FROM ALL RIGHT -OF -WAYS: 15 FEET EMAIL: IF-A INI1IV.F @gray- robinson.com 7. STORMWATER MANAGEMENT: STORMWATER MANAGEMENT SYSTEM WILL BE - FRONT: - 20 FEET REAR 5 FEET SIDES: 10 FEET 10 FEET DESIGNED TO MEET THE CITY OF OCOEE AND THE REQUIREMENTS OF THE LOCAL WATER SIDES: REAR: 5 FEET 8, UTILITIES: MANAGEMENT DISTRICT. 10. ENTRANCES: THE TWO (2) ENTRANCES WATER: 11,000 GPD (ESTIMATED) FOR THE RESIDENTIAL TRACT SANITARY: 11,000 GRID (ESTIMATED) 8. OPEN SPACE 35 %- OVERALL (FOR "A" TYPE SOILS) SHALL BE GATED. FIRE: 2,00D GPM 9. PHASING: MULTIPLE PHASES -THE DRAINAGE TRACT WILL BE 11, UTILITIES: 9, PARKING: COMMERCIAL: 1 SPACE PER 200 SF DEVELOPED WITH THE FIRST PHASE OF CONSTRUCTION. WATER: 350 GALLONS PER ERU K 44 LOTS = 15,400 GAL. CONVIENANT STORE. 1 SPACE PER 100 SF ADDITIONAL PHASES WILL PROVIDE ADEQUATE ACCESS, SANITARY: 300 GALLONS PER END x44 LOTS = 13,200 GAL. FIRE: 1 SPACE FOR EACH 4 FIXED SEATS PROVIDED WATER AND SEWER T EXIST AS AN INDEPENDENT UNIT. FIRE: LESS GPM FOR PATRON USE, PLUS 1 PARKING SPACE FOR A.) A WAIVER FROM TABLE 5-1 PERMITTED USE REGULATIONS, TO EACH 75 SQUARE FEET OF FLOOR AREA 10. WAIVERS REQUESTED: ALLOW DRIVE IN RESTAURANTS WITHIN TWO HUNDRED (200) FEET OF PROVIDED FOR PATRON USE BUT NOT A RESIDENCE. GENERAL NOTES: 1. RESIDENTIALDEVELOPMENTWILLBEGATED. CONTAINING FIXED SEATS. JUSTIFICATION' THIS WAVER IS ONLY NEEDED WITH RESPECT TO THE 2. ALL SINGLE FAMILY HOMES TO HAVE A GARAGE AND A MINIMUM OF 2 PARKING SPACES. 10. COMMERCIAL DEVELOPMENT WILL COMPLY WITH THE C-2 ZONING DISTRICT NORTHEAST PORTION OF THE CCMMERCIALFETAIL TRACT IS LOCATED JUST WITHIN 200 REP. OF RESIDENTIALLY ZONED PROPERTY LOCATED ON 11. ALLOWABLE USES: PERMITTED USES INCLUDE CONVENIENCE WITH THE NORTH SIDE OF OCOEE CROWN POINT PARKWAY. GIVEN THE GAS SALES GAS STATION IN ADDITION TO THE ORIENTATION OF THE EXISTING RESIDENTIAL PROPERTY WITHIN 200 FT. C-2 USES AS PERMITTED IN THE COMMERCIAL AND THE CONFIGURATION OF ANY COMMERCIAL PARCEL FEATURING A PORTION OF THE PUO. DRIVE IN RESTAURANT, COMPATIBILITY WITH EXISTING DEVELOPMENT WILL BE MAINTAINED. B.) A WAIVER TO MEET A LOW DENSITY RESIDENTIAL LAND USE DESIGNATION OF UP TO FOUR (4) DWELLING UNITS INSTEAD OF THE REQUIRED MEDIUM AND HIGH DENSITY IN THE COMPREHENSIVE PLAN. JUSTIFICATION: GRANTING THIS WAIVER WILL ENSURE GREATER COMPATIBILITY WITH THE EXISTING RESIDENTIAL DEVELOPMENT IN THE AREA WHILE ENSURING CONSISTENCY WITH THE COMPREHENSIVE PLAN IS MAINTAINED BY ACHIEVING THE TYPE OF MIXED USE DEVELOPMENT ENVISIONED BY THE APPLICABLE POLICIES. PROJECT TEAM OWNER/DEVELOPER: CIVIL ENGINEER: SHEET INDEX - -" - r' . ORC ELAND TRUST KIMLEY- HORNANDASSOOIATES,INC. 3660 MAGUIRE BLVD., SUITE 200 1 I I I t �1 MORGAN PROPERTYGROUP ORLfWDO.FL32803 LUP -1 COVER SHEET uL JUN -- 42014 Lli 460 E. LAS C BLVD, SUITE 730 FORT LAUDERDALE. FL 33301 CONTACT: JAY R. JACKSON, P.E. LUP-Z CONDITIONS OF APPROVAL LL J CONTACT: THOMAS SULLIVAN EMAIL: NBmas. 11ivan @gNy+obinsoncom PHONE:(407) B99 -15 N EMAIL: Jay l2Ck- N @R1Iay- h1m.crom PREPARED BY LUP -3 LAND USE PLAN !T F '- - S SURVEY a SURVEYOR: LEGAL COUNSEL: �'�I�` /)��HO�� SHANNON SURVEYING, INC GRAY ROBINSON 301 EAST PINE STREET, SUITE 1400 �// m a 499 NORTH S.R. 434, SUITE 2155 CONTACT: JIM SHANNON P.S.M. ORLANDO, FL 32801 ©20:4 ro E[r -N CR ssocl ics, :vc 3 W , PHONE: (407) 774 -8372 CONTACT: THOMAS SULLIVAN, ESQ- .� Bo I..,,,e s onaneo, a 3zs 03 oo, �(.o]) EMAIL '. shennosury @aol.com PHONE :(407)8438080 Vi511Nl1A C 40 B A as4 a]s - u cx A 3 LL EMAIL: IF-A INI1IV.F @gray- robinson.com CONDITIONS OF APPROVAL: . .... ...... 1-- T Z . . . . .. . . . . . I—, P .- ........ n=r 4 N ... . ....... .. 1 p O0 Lj- 0 U) < Z > 00 F ry E3 z < 0 z 0 0- z 0 SIIEET N-HER LUP-2 ZONING. 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