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Home My WebLink AboutItem #05 Clarification of Condition of Approval for Westridge PUD AGENDA ITEM COVER SHEET Meeting Date: January 17, 2006 Item # 5 Contact Name: Contact Number: J. Antonio Fabre, AICP 905-3100 X1 019 Reviewed By: Department Director: City Manager: Subject: Clarification of Condition of Approval for the Westridge PUD (AKA: Meadow Ridge). Background Summary: The Westridge PUD development has been approved for 152 single-family residential lots and approximately nine (9) acres of commercial and office uses. The PUD is located at the southeast corner of Maguire and Moore Roads. The commercial portion is located in the northwest portion of the PUD. On this commercial portion, conditions of approval were formally approved to restrict undesirable land uses. For example, automobile sales, automobile repair or service stations, and other intense uses were cited as being prohibited within the PUD. Issue: The Applicant, Unicorp National Developments, Inc., has requested clarification of one of the restricted land uses cited under Condition of Approval #38 (t). Specifically, the prohibited land use is cited as: "drive-in restaurants with pick-up windows". The Applicant has requested clarification from the City Commission on this matter, since the Applicant is proposing a nationally recognized up-scale (free standing) Coffee House with a drive-thru to be developed on one of the commercial lots. Staff's opinion is that the original restriction was intended to prohibit typical "Fast-Food" restaurants such as: McDonald's, Burger King, etc., and not an up-scale Coffee House. Concerns with typical "Fast-Food" restaurants usually are that they generate high traffic, litter, odor, and noise. While a Coffee House will, in general, generate less traffic, fewer odors (no cooking) and have an overall neat retail appearance. Therefore, Staff interprets that an up-scale Coffee House with a drive-thru is not the same as a drive-in restaurant with a pick-up window. Recommendations: Staff respectfully recommends that the Mayor and City Commissioners affirm Staff's interpretation that an up-scale Coffee House restaurant with a drive-thru is a permitted use within the Westridge PUD. Attachments: -Letter from Mr. Greg Ferrell, Unicorp National Developments, Inc., dated December 21, 2005; -Condition of Approval #38 (t). Financial Impact: None. Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution ~ Commission Approval o Discussion & Direction For Clerk's DefJt Use: ~ Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) O:\Staff Reports\2006\SR06003_AF _Clarify _ COA_MeadowRidge _ CC.doc D N/A D N/A D N/A "e",>} l:~ TM UNICORP NATIONAL DEVELOPMENTS, INC. December 21 st, 2005 Mr. Russ Wagner, Community Development Director City of Ocoee 150 North Lakeshore Dr. Ocoee, FL 34761 Re: Commercial Development at Westridge, aka, Meadow Ridge SEC Maguire and Moore Roads Mr. Wagner, We've been working closely with the city on the design development of the commercial tract for the above referenced property and need some clarification. Condition of approval #38 (t) of the original PSP states that a drive-in restaurant with pickup window would be a prohibited use for this tract. As we have previously discussed, Starbucks Coffee has a desire to be part of this development but only if they can have their free- standing building with drive-thru capability. We would match the architectural style for their building to the rest of the development and create continuity between the buildings via an arch over the drive-thru connecting the two. We think that Starbucks is a great fit to this upscale community. Can you please provide us a determination that the Starbucks is an allowed use so that we can move forward with the design. I've attached for your convenience a copy of the condition of approval page and also a preliminary site plan. Thank you and please contact me should you require any further information. Sincerely, /1;1 '/' ../ ,/ h .'/ '-'F //- ' / / r Greg Ferrell Director of Construction cc; Jorge Rodriguez, Leasing attachments r"-"'~'~ - '~-~-~""--~-"--'-~" .-- -".~.~ I; 1""j- R (f2 ~ 0 ~11 R r:'; ~ . '. 15 l",./..~ \.) L~ ij ~ ~ ~ i i 1 .~ r'~'" ~- '~"'- "--l j :; , ; ~ :; ~ ; .! . i:' '~ DEe 2 1 2005 ; "J::.1 I L___ ". " " .,.-.J !~~ ,~:" ,~r i .~ ~ '.. \ ~.. C,. l ~ , .' ..~ ~ ~..=.,_ ."_,,~__ 7505 W, Sand Lake Rd, . Orlando. FL 32819 . 407.9999985 . Fnx' 407 QQQ QQA 1 . IInirmrvic"clMmcnt r~m EXHIBli "B" (Page 4 of 6) 35. THIS SECOND REVISED LAND USE PLAN REPLACES AND SUPERSEDES ALL PRIOR LAND USE PLANS RELATING TO THE PROPERTY. .36. EITHER A HOMEOWNERS ASSOCIATION OR A PROPERTY OWNERS ASSOCIATION SHAll MAINTAIN THE LANDSCAPING AND IMPROVEMENTS WITHIN THE WALL AND LANDSCAPE EASEMENTS WITHIN THE PROPERTY. EXCEPT THAT ALL LANDSCAPING ON THE INTERIOR OF ALL WALLS SHALL BE MAINTAINED BY THE INDIVIDUAL LOT OWNERS. 37. AlL COMMERCIAL/PROf"ESSIONAL OFFICE PARCELS SHALL BE DEVELOPED WITH THE STANDARDS SPECIFIED IN ORDINANCE #99-23, AS AMENDED, EXCEPT AS OTHERWISE SPECIFIED IN THE PLANS ~ND CONDITIONS OF APPROVAL FOR THIS PUD, 36. PERMITTED USES: (0) PERMITTED USES WITHIN TRACT A SHALL BE SINGLE FAMILY RESIDENTIAL. (b) PERMITTED USES WITHIN THE NORTHERN MOST LOT WITHIN TRACT B OF THIS PUD (LOT 154 ON THE PRELIMINARY SUBDIVISION PLAN) SHALL BE RESTRICTED TO DRUG STORE, BANK, AND RESTAURANT USES PERMITTED IN A C-2 ZONING DISTRIC AND USES PERMITTED IN A PS ZONING DISTRICT. ALL OTHER USES ARE PROHIBITED. (c) PERMITTED USES WITHIN THE SOUTHERN MOST LOT WITHIN TRACT B OF THIS PUD (LOT 156 ON THE PRELIMINARY SUBDIVISION PLAN) SHALL BE RESTRICTED TO DRUG STORE, BANK, AND RESTAURANT USES PERMITTED IN A C-2 ZONING DISTRICT AND USES PERMITTED IN A PS ZONING DISTRICT. ALL OTHER USES ARE PROHIBITED. (d) PERMITTED USES WITHIN THE MIDDLE LOT WITHIN TRACT B OF THIS PUD (LOT 155 ON THE PRELIMINARY SUBDIVISION PLAN) SHALL BE RESTRICTED TO RESTAURANT AND RETAIL USES PERMITTED IN A C-2 ZONING DISTRICT. ALL OTHER USES ARE PROHIBITED. (e) PERMITTED USES WITHIN TRACT C OF THIS PUD (LOT 153 OF THE PRElIMINARY SUBDIVISION PLAN) SHALL BE RESTRICTED TO USES PERMITTED IN A PS ZONING DISTRICT. ALL OTHER USES ARE PROHIBITED. 'I '-. ... (f) NOTWITHSTANDING THE FOREGOING, THE FOLLOWING USES SHALL BE PROHIBITED I, " WITHIN THIS PUD: AUTOMOBILE SALES (NEW OR USED). AUTOMOBILE REPAIR OR SERVICE STATIONS. AUTOMOBILE REPAIR, HOTEL OR MOTEL, MOVIE THEATERS, CONVENIENCE STORES WITH GAS SALES, LIQUOR STORES, MINIA TURE GOLF/DRIVING RANGE, PAWN SHOPS, DRIVE-IN RESTAURANTS WITH PICK-UP WINDOWS, AND CHECK CASHING ESTABLISHMENTS. AS A CONDITION OF THIS PUD ANY USES THAT WOULD BE PERMITTED IN THIS PUD AND WHICH WOULD BE PERMITTED AS A SPECIAL EXCEPTION IN A C-2 OR PS ZONING DISTRICT WILL ALSO REQUIRE SPECIAL EXCEPTION APPROVAL FOR THIS PUD. 39. PERMITTED USES WITHIN THE SINGLE FAUlL Y RESIDENTIAL. PORTION OF THIS PUO SHAll BE THOSE LISTED IN THE LAND DEVELOPMENT CODE AS PERMITTED USES IN AREAS WITHIN THE SINGLE FAMILY ZONING DISTRICTS. AS A CONDITION OF THIS PUD, ANY USES THAT WOULD BE PERMITTED AS A SPECIAL EXCEPTION IN SINGLE FAMILY DISTRICTS WILL REOUIRE SPECIAL EXCEPTION APPROVAL. 40. THE LARGE CONSERVATION AREA IN THE SOUTHWEST CORNER OF THE SITE (ALL OF THE WETLANDS AS WELL AS THE 25-FOOT AVERAGE UPLAND BUFFER AREA ADJOINING THE WETLANDS) SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION, A CONSERVATION/DRAINAGE EASEMENT OVER THE ENTIRE AREA SHALL BE DEDICATED TO THE CITY OF OCOEE, THE EASEMENT DOCUMENT WILL BE PREPARED BY THE CITY AND SHALL BE EXECUTED BY THE OWNER AND RECORDED AT THE TIME OF PLATTING, 41. THE 6' BRICK WALL ALONG MOORE ROAD AND 7TH STREET WILL BE CONSTRUCTED AT LEAST 5 FEET BAC!< FROU THE RIGHT-OF-WAY LINE WITHIN THE 10' WALL AND LANOSCAPE EASEMENT. SHADE TREES SHALL BE PLANTED ON THE OUTSIDE Of THE WALLS EVERy 50' ALONG THEIR ENTIRE LENGTH AND SHRUBS SHALL BE PLANTED ON THE OUTSIDE OF THE WALLS ALONG THEIR ENTIRE LENGTH. 42. ALL ON-SITE UTILITIES INClUDING ELECTRICAL. CABLE TV AND TELEPHONE SHALL BE PLACED BELOW GROUND. 43. ALL COMMERCIAL/PROFESSIONAL OFFICE LOT USERS SHALL CONFORM TO THE MASTER ARCHITECTURAL, SIGNAGE, LIGHTING AND LANDSCAPE: PACKAGE PLANS, WHICH WILL BE PROVIDED AS PART OF THE FINAL SUBDIVISION PLAN APPROVAL 44. CONSERVA nON TRACT "I" SHALL BE OWNED AND MAINTAINED BY THE MAPOA. A CONSERVA T10N/DRA/NAGE EASEMENT OVER TRACT "I" SHALL BE PROVIDED TO THE CITY OF DCOEE. THE EASEMENT DOCUMENT WILL BE PREPARED BY THE CITY AND SHALL BE EXECUTED BY THE OWNER AND RECORDED AT THE TIME OF PLATTING. 45. THE LANDSCAPE MEDIAN WITHIN "A" BOULEVARD IN FRONT OF THE COMMERCIAL/ PROFESSIONAL OFFICE TRACT B WILL BE MAINTAINED BY THE wrSTRIDGE COMMERCIAL/ PROFESSIONAL OFFICE PROPERTY OWNERS ASSOCIATION THE LANDSCAPE MEDIAN WITHIN "A" BOULEVARD IN FRONT OF SINGLE FAMILY AND AT THE RESIDENTIAL ENTRANCE GATES WILL BE MAINTAINED BY THE WESTR/OGE HOMEOWNERS ASSOCIATION, 46. ALL RETENTION PONDS WILL BE DESIGNED PER THE LDC TO BE UNFENCED.