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HomeMy WebLinkAboutItem #12 a.b. Second Reading of Ordinance - a. PUD Rezoning Land Use Plan - b. Development AgreementI I I WN � %/� ,iarlda AGENDA ITEM STAFF REPORT Meeting Date: October 7, 2014 Contact Name: Contact Number: Item # I ? r Reviewed By: Michael Rumer L % Department Director 407-905-3100 x 1018 City Manager: Subject: Westyn Bay Commercial PUD Rezoning Ordinance / Land Use Plan - Project # RZ- 14 -03 -03 Commission District # 1 — John Groaan 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 ri ht -of -wa Ocoee Crown Point Parkwa The Westyn Bay Commercial PUD 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 of 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 been determined to be available by Orange County Public Schools on September 17, 2014. Issue Should the Honorable Mayor and Commissioners approve the PUD Rezoning Ordinance, PUD Land Use Plan, and Development Agreement 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, PUD Land Use Plan, and Development Agreement for Westyn Bay Commercial. Attachments: Location Map Surrounding Zoning Map Aerial Map Rezoning Ordinance Proposed Land Use Plan for Westyn Bay Commercial Development Agreement Financial Impact None Type of Item : ( please mark with an `x') X Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Cleric's Dept Use. Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A Westyn Bay Commercial Surrounding Zoning Map ceptet of Good L%,� Ocoee Community Development Department 1 inch = 750.605264 feet 260130 0 260 520 780 Feet Printed: June 2014 Q Subject Property Unincorporated Territory ® 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 ices, . IM Min M� �0 1 M , r ��� �rii miss • � FM �• . �, `,'' == 11111!1• :' •:ti OVA V . : rte,. �. }f} X . , NJ Erl ORDINANCE NO. (Rezoning Ordinance for Westyn Bay Commercial) TAX PARCEL ID #: 06- 22 -28- 0000 -00 -067 CASE NO. RZ- 14- 03 -03: WESTYN 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 City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to rezone said real property (the "Rezoning "); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately 20.85 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee C -2, Community Commercial, to Ocoee PUD, "Planned Unit Development "; and WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -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 City of Ocoee, Florida (the "Planning and Zoning Commission "); and WHEREAS, on June 10, 2014, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City ORLA_1281024.1 Commission that the zoning classification of said real property be 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 Comprehensive Plan; and WHEREAS, on the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth 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 VIII 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, Florida, is hereby changed from Ocoee C -2, Community Commercial, to Ocoee PUD, "Planned Unit Development." 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 following Land Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon: That certain Land Use Plan for Westyn Bay Commercial prepared by Kimley Horn & Associates, Inc., date stamped received by the City on June 4, 2014, 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 4. COMPREHENSIVE PLAN The City 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 hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning 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 -1(G) of Article V of Chapter 180 of the Ocoee City Code. 2 SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of 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 provision and such holding shall not affect the validity 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 day of 1 20 ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 20 READ FIRST TIME 20_ READ SECOND TIME AND ADOPTED Under Agenda 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. i City Attorney 3 20 EXHIBIT "A" (The "Property ") LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT A 4 "X4" CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6, AS A POINT OF REFERENCE; THENCE RUN S86 °38'39 "W, ALONG THE SOUTH LINE THEREOF, 649.91 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF COUNTY ROAD 437, THENCE RUN N28 °17'18 "E, ALONG SAID WEST RIGHT OF WAY LINE, 224.98 FEET TO THE SOUTH RIGHT OF WAY LINE OF OCOEE CROWN PARKWAY AS SHOWN ON THE PLAT OF WESTYN BAY - PHASE I AS RECORDED IN PLAT BOOK 54, PAGE 29 OF THE ORANGE COUNTY PUBLIC RECORDS, SAID LINE BEING A CURVE CONCAVE TO THE SOUTHWEST; THENCE RUN NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE HAVING A CENTRAL ANGLE OF 103 °00'24 ", A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 89.89 FEET, A CHORD BEARING OF N23 °12'54 "W AND A CHORD DISTANCE OF 78.26 FEET; THENCE RUN N74 °43'06 "W, CONTINUING ALONG SAID RIGHT OF WAY LINE, 377.69 FEET TO A CURVE CONCAVE TO THE SOUTH; THENCE RUN WESTERLY ALONG SAID RIGHT OF WAY LINE AND CURVE HAVING A CENTRAL ANGLE OF 53 °30'00 ", A RADIUS OF 640.00 FEET, AN ARC LENGTH OF 597.60 FEET, A CHORD BEARING OF S78 °31'54 "W AND A CHORD DISTANCE OF 576.13 FEET; THENCE RUN S51 °46'54 "W, CONTINUING ALONG SAID RIGHT OF WAY LINE, 597.88 FEET TO THE NORTH LINE OF TRACT R. WESTYN BAY - PHASE 1; THENCE RUN THE FOLLOWING 19 COURSES AND DISTANCES ALONG SAID NORTH LINE S73 °42'26 "E, 47.48 FEET; S62 °42'38 "E, 62.94 FEET; S47 °13'24 "E, 64.95 FEET; S28 °47'58 "E, 72.85 FEET; S43 °05'19 "E, 54.07 FEET; S50 °54'23 "E, 55.79 FEET, S43 °20'42 "E, 58.64 FEET; S32 °56'16 "E, 80.79 FEET; S55 °34'03 "E, 79.70 FEET; S62 °47'23 "E, 132.67 FEET; S66 °05'52 "E, 42.91 FEET; S83 °53'01 "E, 127.83 FEET; N88 °35'25 "E, 67.53 FEET; S84 °47'00 "E, 79.25 FEET; N88 °18'21 "E, 72.50 FEET, S88 °31'23 "E, 50.75 FEET; N84 °27'41 "E, 35.63 FEET; N60 °25'35 "E, 73.62 FEET; S50 °12'34 "E, 5.92 FEET TO THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF COUNTY ROAD 437, SAID LINE BEING A CURVE CONCAVE TO THE EAST; THENCE RUN NORTHERLY ALONG SAID RIGHT OF WAY LINE AND CURVE HAVING A CENTRAL ANGLE OF 11 °0049 ", A RADIUS OF 2351.97 FEET, AN ARC LENGTH OF 452.11 FEET, A CHORD BEARING OF N22 °51'45 "E AND A CHORD DISTANCE OF 451.41 FEET; THENCE RUN N28 °1718 "E, CONTINUING ALONG SAID WEST RIGHT OF WAY LINE 158.53 FEET TO THE POINT OF BEGINNING. 11 EXHIBIT "B" Westyn Bay Commercial Location Map I NI ke 5 EXHIBIT "C" LAND USE PLAN --6K 4103road AV. 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T -LNIOd NMMj:D cL Es k VCIN M `3Ooo Jo u tB umvb4 s 1181 HX3 z 1N1Od NAAMAO w D - _ - UJO <<<A;jwi� v ozi >o 0 oNINOZ3� 1 c�aroad vulu T J / % � � ° wwwwww�nwwwowww yw.w °$" n N Q ° V l� a m ll �— �3od aniaa Z —� -- e i Q� v \\ zLLv \ zz r� � W, w I Item #12 be Westyn Bay Commercial Development Agreement is Forthcoming I -Vj l � l `u HNl ), kg U uC u uu � l tl �1D VOJ14i �uu uuu� uoeea auu� � u��d Date puMshed and Medol HODR2 AdveviNernent ©r A ry' c c- -- CITY OF OCUEE NOTICE pF PUBLIC NEARING FOR INESTYN BAY COMMERCIAL PUD REZONING CASE NUMBER: RZ- 1403.03 N0710E IS HEREBY GIVEN, Pursuant to Subsection 1 -10 (A) (1)(V) of the City of Ocoee Land Development Code, that on TUESDAY, OCTOBER 7, 2014, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee CO3missron Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the rezoning for a Parcel identified as parcel number 06- 22-28- 0000 -00 -067 located o1 2337 Ocoee Apopka Road. The parcel is 20.85 acres. The rezoning would be from C -2, Community Commercial to Planned Unit Development (PUD) for a mixed use development consisting of 9.88 acres of residential and 10.97 acres of 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 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. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and no further notices regarding these matters will be published. You are advised That any Person who desires to appeal any decision mode at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the Proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, Persons needing a special accommodation or an interpreter to participate In this proceeding should contact the City Clerk's Office 48 hours n advance of the meeting al (407) 905- 105. Beth Eikenberry, City Clerk Os2698941 091Tir2114 O Sent ine Published Daily ORANGE County, Florida CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR WESTYN BAY COMMERCIAL PUO REZONING STATE OF FLORIDA CASE NUMBER: RZ- 14 -03 -03 NOTICE IS HEREBY GIVEN, Pursuant to Subsection 1 -10 (A) ORANGE County Devel of the city of Ocoee Land Development Code, that on TUESDAY, OCTOBER 7, 2014, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will Before the undersigned authority personally appeared Sheri hold a PUBLIC HEARING at the city of Ocoee Commission Chambers, 15 0 Schmitz / Adeliris DelValle / Brian Hall / Charity Fl Casas / North Lakeshore Drive Florida, to consider the rezonil Ocoee, for a Pam Arnold, who on oath says that he/ she is an Advertising 2z se 0000 -00 06 7located e at 293 Oc ee Apopka Road. The parcel is 20.85 Representative of the ORLANDO SENTINEL, a DAILY acres. The rezoning would be from C -2, Community Commercial to Planned newspaper published in ORANGE County, Florida; that the unit Development (PU D) for a mixed use development consisting of 9.88 attached copy of advertisement, being a Legal Notice in the ages of residential and 10.97 ages of commercial. matter of October 7 ! 7:15PM — Case Number RZ-14 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING ZONING 03 in ORANGE County, Florida was published in said FROM O COEE C 2, COMMUNITTY newspaper in the issues of 09/25/14 COMMERCIAL, UNIT D EVELLOPME T," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 20.85 ACRES LOCATED ON THE Affiant further says that the said ORLANDO SENTINEL is a SOUTH WEST CORNER OF OCOEE CROWN POINT PARKWAY newspaper published in said ORANGE County, Florida, and PURSUANTT T O THE SUBMITTED BY THE PROPERTY that the said newspaper has heretofore been continuously TO OWNER; BE CON CONS SU WITH ZO published in said ORANGE County, Florida, each day and has PLANE PROVIDIN G PR FOR AND been entered as periodicals matter at the p ost office in AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORANGE County, Florida, for a period of one year next ORDIN PROVIDING NG FOR preceding the first publication of the attached copy of AN EFFECTIVE DATE. advertisement; and affiant further says that he or she has The complete case file, including a complete legal description by metes and bounds, may be inspected at the neither paid nor promised any person, firm or corporation any Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, discount, rebate, commission or refund for the purpose of and Sao be twee. Mo nda h y through Frid y, securing this advertisement for publicatio in the said except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it newspap s` deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing and no and for further notices regarding these matters /y. will be published. You are advised that rte ._ - any person who desires 10 appeal any decision matle at the public hearings $igna re of Affiant will need o record of the proceedings This purpose may need to Sworn to and subscribed before me on this 25 day of ensure that a verbatim record of the i proceedings is mode which includes Septe r, 2014. - the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation interpreter to parti in th is proceeding Should conta the City Clerk's Office 48 hours :5 in advance of the meeting at (407) 905 - Slgnatur t N -. Cr�-pp._ //.''_��..�. p 3105. t� I ��' C JLL1Uf�.f�H M. TONEY Beth. Elkenberry, City Clerk I, �� ;��•' �� NOTARY PU6L_IC OS2698941 09/15014 STATE OF FLORIDA -- U 19 JSD' tvf CO', ,, ,MISSION 4 FF 0652 1 &; `�' EXPIRES November 18, 2017 Name ofofary;'1ecT minted, or Stamped Personally Known (X ) or Produced Identification ( ) OS2698941