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HomeMy WebLinkAboutItem V (B) - Public Hearing - Prairie Lake PUD Agenda 4-16-91 Item V B FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 TELEPHONE (407) 423-7656 FACSIMILE (407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA ANNAPOLIS, MARYLAN D MEMORANDUM April 12 , 1991 CHICAGO, ILLINOIS TO The Honorable Mayor and City Commission of the City of Ocoee FROM Paul E. Rosenthal , Esq. , City Attorney RE Prairie Lakes PUD Amendment to Land Use Plan Attached hereto is the Land Use Plan for Prairie Lakes PUD, dated August 5, 1985 , as revised through April 12 , 1991, and as prepared by Glatting, Lopez, Kercher & Anglin under Project No. 3492 .01 . This revised Land Use Plan corrects a typographical error and redraws the Hackney-Prairie Road right-of-way as a 60 foot wide right-of-way consistent with Development Note 20 . Other- wise, the Land Use Plan is identical to the one previous- ly distributed to the City Commission. Also attached are revised Conditions of Approval with respect to the Prairie Lakes PUD. Changes from the Conditions of Approval previously distributed to the Commission are indicated. These revisions have been made so that the Conditions of Approval are consistent with the proposed Development Agreement. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Prairie Lakes PUD Land Use Plan Amendment, dated August 5, 1985 , as revised through April 12 , 1991 , and as prepared by Glatting, Lopez , Kercher & Anglin under Project No. 3492 .01 and Conditions of Approval attached hereto, subject to the execution of the De- velopment Agreement approved by the City Commission on April 16, 1991 and that the Mayor and City Clerk be au- thorized to sign and authenticate the aforementioned Land Use Plan Amendment and Conditions of Approval . oL9 per/etb Paul E. Rosenthal attachments cc: Mr. Ellis Shapiro, City Manager Mr. Bruce Behrens, Planning Director OLNH ILL ; 40f- -l10Hpr IYO .UJJ r .UJ Revised 4/16/911 CONDITIONS OF APPROVAL TO LAND USE PLAN PROJECT: Prairie Lakes PUD Land Use Plan (approved 4/16/91) (9/25/86) (approved 12/9/86) PROJECT ANALYSIS: 1. Project Area - 278.6 Acres 2. Zoning - PUD 3. Water - City of Ocoee 4. Sewer- City of Ocoee 5. Flood El. -90.0(100 YR) 6. Stormwater Outfall - Lake Meadow & Prairie Lake Development of Prairie Lakes PUD may be undertaken in accordance with the 8/5/85, as revised through Land Use Plan dated 10/25/90, subject to the following additional conditions of approval which shall be incorporated into all Development Plans for each phase of the project: 1. The Development Plan shall demonstrate substantial compliance with the City's Arbor and Landscaping Ordinances, and every effort will be made to conserve on-site tree cover. 2. All preliminary approvals are contingent upon final acceptance of appropriate and reasonably acceptable engineering aI gdyffe ng stormwater management, wastewater management, suppldtransportation impacts. • • . • - . • . • . - • 34. The developer shall provide for the extension and paving of Clark RRoado to Clarcona-Ocoee Road re othernmatteerssand to related to Claeforrk Road shall neral traffic iaddgressed inta Timing and developer agreement with the City. 45. Prior to approval of any Certificates of Occupancy within Phase I, the developer shall construct a future collector street extending westerly off Clark Road from Street "A" through Tract A to match up with the required Emergency Access road. 56. Clark Road is to be developed as an arterial street and shall be planned for four lanes within a 100-foot wide right-of-way and shall be designed with a 45-mph design speed. Clark Road shall be paved as a 4-lane road for a distance of 1,000' north of A. D. Mims Road and 2 lanes to the north property line. The balance of matters relating to the details of Clark Road paving shall be G L K A FEL : 4Ur—rs -1 ?6� Hpr 1L , Ji r . u' Devised 4/16/91 • addressed in the developer's agreement. Timing and other matters related to Clark Road shall be addressed in a developer agreement with the City. 67. At the Developer's o•tion, either five-foot-high serpentine masonry screen 7v-ills is or an irrigated, City approved, landscaped buffer with berms shall be reqtrired will be installed along both sides of Clark Road for its entire length. Such walls or buffer will be •rovided b .arcel develo•ers with the Master Deve o•er •rovi•in• sal• walls or •u =ers in ront o •on•s o•en s•ace etc. A access rig is to Clar Roa• s all .e •e•nate• tot e ity o Ocoee except at points delineated on the approved Land Use Plan Amendment. 78. A total commercial land area of 15.2 acres with 125,000 square feet of commercial building floor space is approved as specified in the Land Use Plan. 89. The minimum living area for multi-story apartment dwellings shall be 750 square feet; 1,000 square feet for duplexes, villas, townhomes, and patio homes;and 1,200 square feet for all single family detached dwellings per Section 13.11 Subsection (21). 91-0. A conceptual drainage report providing a general description and layout of stormwater Management Facilities shall be provided with the Development Plan submittal. Additionally, the stormwater collection improvements shall be a closed system, except in limited cases where open drainage would be suitable, as recommended by the City Engineer. 10 W When the stormwater is proposed to discharge into a lake without a positive outfall, the pond design shall detain the 100-year storm event. The pond shall be designed to evacuate an average daily volume equivalent to one inch of runoff from the total area contributing to the pond. 11 i. Provide compensating storage for all flood water displaced by development e is to be accomplished cbelow m 1 shed between of the the normalar high waterod. oelevationnand the estimated acco p 100-year flood elevation. 12 +a. All typical subdivision design standards and regulations shall be adhered to by the developer except as permitted herein. 13 Clark Road shall be constructed with sleeves for irrigated landscaped median consistent with City design for Clark Road its entire length through the project, and access openings shall be provided no more often than per the Clark Road Engineer's Report (8/5/90) unless otherwise shown on the 10/25/90 plan. The developer shall be credited for 100 percent of the cost of the median improvements against transportation impact fees. The procedures for the approval and granting of such impact fee credits shall be addressed in a developer agreement with the City. 14 A minimum of two off-street parking spaces per residential unit shall be provided behind the front yard setback line in Tracts D, E, and G. Deed restrictions shall be required at the time of plat approval limiting parking in the front yard to two vehicles (autos and light duty trucks only) situated on a paved surface. 15 G. Sidewalks five (5) feet in width shall be provided along both sides of Clark Road and on one side of Hackney Prairie Road within the project boundaries. Sidewalks to be provided by parcel developers with the Master Developer providing sidewalks in front of pond, etc. Said sidewalls along Hackney Prairie Road to be provided by City. 16 Specific details pertaining to the Emergency Access Road extending westerly from the site and connecting to Marlene Drive shall be outlined on the Development Plan including general routing, width, type of base, access controls and easement agreements. The Emergency Access Road shall be constructed prior to issuance of any Certificates of Occupancy in Phase I. 17 M. Traffic improvements to be provided by the developer (in addition to those otherwise required for Development Plan approval) shall include appropriate by-pass, turning, acceleration and deceleration lanes as required at the following locations: A. The intersection of Clark Road and A.D. Mims Road (Phase I) B. The intersection of A.D. Mims Road and Apopka-Vineland Road (Phase I) BC. The intersection of Street "A" and A.D. Mims Road when Street "A" connects to A.D. Mims Road. CD. The intersection of Clark Road and Hackney Prairie Road - 75% responsibility of intersection cost with 100% credit for Master Developer expenditures. In addition, left-turning lanes shall be provided at every access or street intersection onto Clark Road within the development. Also, traffic signals shall be installed when warranted at the intersection of Clark Road and A.D. Mims Road and Apopka-Vineland Road and A.D. Mims Road. The developer shall be credited against transportation impact fees for 50 percent of the cost of all intersection improvements installed by him at Clark Road and A.D. Mims Road and credited 100 percent of the cost of all intersection improvements installed by him at A.D. Mims Road and Apopka-Vineland Road. 18 M. The developer shall be credited against traffic impact fees for improvements (but excluding land contributions) to Clark Road Such credits shall be in accordance with the applicable tra fic impact fee ordinance or developers agreement with the City. V L K H ILL : 4U1 —o.:1—i ( oy nN( 14e _?1 r .UU • Revised 4/16/91 Should any additional impact fees be enacted during the development of the project,the developer or subsequent individual builders shall pay the appropriate fees. Dedication of park land to the City, over and above that which is required for the PUD shall be credited against applicable park impact fees in accordance with the Park impact Fee Ordinance. 19 3$. Tract D within the Development shall correspond with Tracts E and G to only provide for the construction of Townhomes, Villas, and Patio Homes with a minimum of 1,200 square feet average living space required. 20 Wit. Street "A" shall be constructed as a 60' ROW with a paving width of 24' prior to Certificates of Occupancy for any portion of Tract C. 21 3g. Prior to the issuance of any building permit for any portion of the project, the developer shall commence the design and construction of Clark Road from A.D. Mims Road north to Clarcona-Ocoee Road, all in accordance with a developer agreement with the City. Prior to the issuance of any Certificate of Occupancy for the project, Clark Road shall be designed and constructed and dedicated to and accepted by the City from A.D. Mims Road north to Clarcona- Ocoee Road, all in accordance with a developer agreement with the City. 22 33. The developer shall enter a developer agreement acceptable to the City addressing the construction of Clark Road and Hackney-Prairie Road and road impact fee credits with respect thereto. In the event of any conflict between the developer agreement and the Land Use Plan or these Conditions of Approval, the terms of the developer agreement shall control. 23 N. Retention areas for developed parcels will be owned and maintained by a homeowner's association unless otherwise agreed to by the City. 24 All matters set forth on the Land Use Plan are incorporated herein by reference and made a part of these Conditions of Approval. 25 . Whenever the term "developer" is used herein, the same shall be taken and construed to mean Silvestri Investments of Florida, Inc. All obligations, liabilities, and responsibilities incurred by or imposed by these Conditions of Approval shall be assumed by and be enforceable against any successor-in- interest to the developer, as the overall developer of the PUD. 26 P. These Conditions of Approval supercede and repeal all prior approvals by the City including, but not limited to, the Preliminary Master Plan dated OLNM 1V • LJ . VI Revised 4/16/91 September 25, 1986, as approved by the Ocoee City Commission on December 9, 1986. Approved by the Ocoee City Commission under agenda item at a public hearing held on , 1991. Location Ma 1 I Description The Southeast ; of the Southwest ;and the South of the Southeast -1, LESS the Northeast j of the Southeast- of the Southeast j and LESS the North 100 feet of the West 230 feet of the Southeast -1 of the Southeast •} of the Southeast -J of Section 4, Township 22 South, Range 28 East, Orange County, Florida. AND: The North of the Northeast and the West of the Southeast -1 of the Northeast a and the Southwest +of the Northeast's and the Southeast ; North lying northerly of Railroad, Section 9, Township 22 South, Range 28 East, Orange County, Florida. Total Acreage: 278.6 ± Development Notes 1. Applicant: Silvestri Investments Standard Life Centre 120 King Street West Suite 1000 Hamilton, Ontario L8P 42V 2. Planner: Glatting Lopez Kercher Anglin , Inc. Ellis Building 33 East Pine Street Orlando, Florida 32801 (407)843-6552 3. Civil Engineer: Harling Locklin & Associates 850 Courtland Street Orlando, Florida 32804 (407)629-1061 4. Surveyor: V. Kelly Smith & Associates 1807 French Avenue Sanford, Florida 32771 (407)322-2213 5. Acreage: 278.6± AC 6. Existing Land Use Vegetation: Vacant Land with a predominance of oak trees and pasture. 7. Existing Zoning: PUD 8. Proposed Amendment: To respond to the re -alignment of Clark Road and changing character of the Clark Road corridor. Reduce commercial acreage. Increase commercial square - footage: Increase net density on Tract D, aecrease totai units ano provide for =.9 -acre oarx. Net 9. Project Summary Acreage Units/So. Ft. Residential 100.5 873 units Retail Commercial 15.2 125,000 sq.ft. Roads 15.6 Lakes Conservation 72.4 Park, Open Space,'Ret. 74.9 TOTAL 278 6 10. Project Density: Residential density is 4.57 DU/AC including the 15.6 acres of major road network and excluding the commercial areas, lakes and conservation areas. Net Density 11. Residential Areas Unit Type Acres (DU/AC) Units Tract Multifamily 37.5 10.2 385 Medium -Density Tract D Townhomes, 15.8 9.9 157 Villas, Patio Homes, Low- to Medium - Density Tract E Townhomes, 34.7 7.0 243 Villas, Patio Homes, Low -Density Tract G Townhomes, 12.5 7.0 88 Villas, Patio Homes, Low -Density TOTAL 100.5 873 N8901 1'55"E Q���������� 1 1 Lake 1 Meadow NI T_ 0 N M r 1 w1 ■ L0 N d' 0 O Lake Z 1 1 S89005'1 4"W 12. Commercial Areas Sq. Ft. Acres Tract B - Phase 1 5,000 1.2 Tract C - Phase 11 120,000 14.0 TOTAL 125,000 15.2 Land uses will follow those identified in the C-1 Zoning District plus automobile service stations and supermarkets. 13. Lot Size and Net living areas A (minimum): 19.7 9.00 DU/AC Lot Size Net Living Area Commercial N/A Low -Density Residential 50' x 100' 1,200 sf (avg.)` Low -Medium -Density Residential 50' x 100' 1,200 sf (avg.)' Medium -Density Residential MA 750 sf `minimum 1,000 sf 387 14. Building Height: Multifamily Commercial areas (Tracts C&B) 1 story or 35 feet Low -Density (Tracts E&G) 2 story or 35 feet Low--Medium-Density (Tract D) 2 story or 35 feet Medium -Density (Tract A) 3 story or 50 feet 15. Setbacks: 25 -foot perimeter setback in the low - 34.7 medium -density residential areas. 243 35 -foot perimeter setback in the Low -Density Townhouse, Villas, Patio Homes medium -density residential area. 7 00 DU/AC 50 feet from normal high elevation of G Prairie Lake and Lake Meadow. 12.5 25 foot combination buffer and setback 88 where commercial areas abut residential parcels. 25 feet from conservation areas. 16. Project Population: 2,183 persons (estimated) 17. School Age Population: Total project 437 students 18. Phasing: Phase I Tracts A, B, E, F Commercial Phase II Tracts C, D, G, H 120000 sf Recreation (Tract F) to be provided C&B before Phase II. 19. Open Space., Recreation Areas: Private park and recreation space to be provided at a rate of 5 percent of the net usable land (206.2) = 10.3 AC or 5 AC/1000 population 2,183 X 5/1000 = 10.9 F& H Open Space/Park/ Retention AC. 74 9 Tracts F & H = 74.9 acres (less retention) - May be dedicated to the City of Ocoee for public park development. Park dedication shall qualify for impact fee Conservation/Lakes credits. The extent of retention area 72 4 within Tracts F and H to be determined at the development plan stage. 20. Major Streets/Railroads: Planned ROW Building Setback Clark Road (Extension) 100 feet 50 feet from ROW line Seaboard System R/R 50 feet 50 feet from ROW line Hackney Prairie Road 60 feet 30 feet from ROW line The access to Clark Road in accordance with the plan. 21. Support Services: 280.9 Water Service: City of Ocoee 257,535 GPD - Residential - 278.6 14,750 GPD - Commercial Total 272,285 GPD Sewer Service: City of Ocoee 218,250 GPD - Residential 12,500 GPD - Commercial (avg.) Total 230,750 GPD Stormwater Management: On-site retention per City of Ocoee and State Regulations. Fire Protection: City of Ocoee 24. Parking to be provided at a rate of 2 spaces per unit (outside the public right- of-way). Development on public streets to provide 2 spaces outside public right-of-way. 25. RV parking to be restricted to rear and side yards. Common RV parking area to be provided in multifamily development. 26. A homeowners association shall be created to provide for the continuing maintenance of all private common park, open space areas. 27. The extension of Clark Road will be constructed to the northern property boundary prior to Certificates of Occupancy for Phase I of the project. The determination of any off-site connections to Clarcona Ocoee Road and the responsibilities for such improvements will not be the responsibility of Prairie Lakes PUD. 28. The developer shall be responsible for all costs associated with the railroad crossing at Clark Road including a fully signalized control structure. Appropriate stacking space shall also be designed into the plans on A.D. Mims Road to minimize any disruptions to through traffic at time of blockage caused by train activity. 29. A Conceptual Buffer Plan for the parcels abutting Clark Road, except Tracts A, D, E and G will be submitted at the Development Plan step. the Buffer Plan will include an adequate screening program to protect abutting uses from Clark Road (five-footwall in five-foot buffer or landscape screen in a 10 -foot buffer). Buffer to be a part of abutting lot. 30. More specific information shall be provided on conservation area designations and the on-site boundaries of state jurisdictional lands as a part of the Development Plan. 31. The developer shall provide a detailed list and cost breakdown for all proposed recreation improvements at Development Plan approval for Tile park. 32. The park and recreation area (Tract F & H) are herein offered for dedication to the City of Ocoee. Dedication of park land will exclude stormwater retention for adjacent parcels. Dedication to the city to be at the option of the city. Acceptance to be determined at the time of the Development Plan with title transfer at platting of adjacent tract. 33. Comparison between approved plan of 9/25186 and proposed amendment plan 10/25/90. A. Decrease commercial land area 15.2 vs. 16.0 B. Increase commercial square -footage 125,000 vs. 120,000 C. Decrease total number of units 935 vs. 873 D. Increse net density of townhomes to 9.9 DU/ac yet reduce total number of units E. Provide a public park area of up to 74.9 ac (less retention). Approved 1986 Proposed Amendment 1990 Tract Use Net Acres Net Density Unit Tract U Use Net Acres Net Density Unit A Low -/Medium -Density Townhouse, Villas, Patio Homes 19.7 9.00 DU/AC 180 D Townhouse 15.8 9.9 DU/AC 157 B Medium -Density Multifamily 29.6 10.10 DU/AC 387 A Multifamily 37.5 10.0 DU/AC 385 D Lo✓`' -Density Townhouse, Villas, Patio Hornes 26.2 7.00 DU/AC 182 E Townhouse 34.7 7.0 DU/AC 243 E Low -Density Townhouse, Villas, Patio Homes 26.5 7 00 DU/AC 186 G Townhouse 12.5 7.0 DU/AC 88 Total 102.0 935 Total 100.5 873 C Commercial 16 0 120000 sf C&B Commercial 1 5 2 125,000 sf F& H Open Space/Park/ Retention 74 9 Open Space/ Conservation/Lakes 142 C Conservation/Lakes 72 4 Roads 14.9 Roads 15 6 Total 280.9 Total 278.6 I I 1331.93' N890 47'57"E I 2050' I - 1 TRACT G TOWNHOMES I 3 PATIOHOMES •,• N VILLAS N 12.5 AC. NETI I 1 O LOW DENSITY , ° L O RESIDENTIAL N 7 DU/AC NET i • 14.4 AC GROSS .1 DU/AC GROS TRACT H PARK/ OPEN SPACE/RETENTION I 49.6 Ac. � � I •� � TRACT E TOWNHOMES 1 oo�Row PATIOHOMES • VILLAS 34.7 AC NET LOW DENSITY RESIDENTIAL 7 DU/AC NET 1316.07' � • �� �41.9-AC GROSS � 6.1 DU AC GROSS 1 1 � 1 � � ...` y x.. Y • ,� ycy� ..• ��I � y, Y • .w y ... ms.'.µ'' ' , .. J� u .,. ^,.y .,.i.. � �`• MY..,".� ,., V �•� M1 FUTURE CONNECTION TO - HACKNEY PRAIRIE -S89057'30"E 230.00' N00°29'21"E 100.00' N89057''30"E 458.50' 0 1� Prairie Lake W ' Ir Ir O O Z ■ 1. Cl) (o TRACT F co PARK/ OPEN SPACE/ RECREATION 25.3 Ac. 1 Lake ' 3 os 0 1� r O O Z 1 Prairie ' Lake i :e• jy.•• I .�_ 1 S 46"E 692.05' 1 , I LU' TRACT D co 1 ' ' TOWN HOUSE/ PATIO r Ln 100' 157 Units N 8 AC NET O I LOW MEDIUM DENSITY RESIDENTIAL 04 I MN 9.9 DU/AC N ..,.-_ 1 15.6 Ac ._ I I I - 18.2 AC GROSS ' co 1 8.6 DU/AC GROSS EMERGENCY ACCESS EASEMENT - - - - - -- - -- ------------- ----- ------ - A --FOR EMERGENCY-T/EFItCLE-USE-ONLY-- B) 30 FT. EASEMENT FROM CITY OF OCOEE C) 24 FT. STABILIZED ROAD (NO PAVEMENT) ' w `.9 co M TRACT AN I TRACT C 10 MULTI FAMILY I I RETAIL RESIDENTIAL I 1 385 Units 120,000 S.F. , 37.5 AC NET 14 Ac. MEDIUM DENSITY RESIDENTIAL MULTI FAMILY 11 10 DU/AC NET 11 43.1 AC GROSS 1 8.9 DU/AC GROSS N89 58'34"w 486.58' 1 I ♦♦ wo - TRACT B COMMERCIAL � � ••®/ /-' 1 5,000 S.F. ♦,♦ -� 1.2 Ac. • 2 s7.4 ow SOURCE: ♦ is.40.E M RD BOUNDARY SURVEY BY: VXELLY SMITH& ASSOC. N� ' • � A O�� 11/84 ' ♦ • / ' TOPOGRAPHY BY: MCINTOSH & ASSOC. ' /O� ♦ ♦ /,ii' V.KELLY SMITH & ASSOC. LEGEND CONSERVATION AREA ,1 00 YEAR FLOOD ELEVATION -� RECLAIMED AREA BOUNDARY WITHIN 100 YEAR FLOOD ==��\ TOPOGRAPHY PLANNING DATE 8/5/85 PROJECT NO. 3492.01 DRAWN MG LANDSCAPE ARCHITECTURE GLATTING TRANSPORTATION PLANNING Prairie Lakes PUD Master Plan AmendmentREVISED 2/20/86 7/17/86 3/27/90 - LOPEZ URBAN DESIGN SCALE: 1"=200' � K ANGLIN orla do�ftPine Street OCOEE, FLORIDA N 4/16/86 9/20/86 7/10/90 6/30/86 12/10/86 10/25/90 (07)843-6da 802 Final 4/17/Ql AGENDA 46-91 . Item V B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" .. :743: ° • COMMISSIONERS CITY OF OCOEE 1 a 150 N.LAKESIIORE DRIVE PAUL W.FOSTER %., 0 OCOEE FLORIDA 34761 RUSTY JOHNSON (407)656-2322 VERN COMBS -5 SAM WOODSON f�,`� OI 6000 `,` CTIY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMIISSIONERS FROM: BRUCE C. BEHRENS, DIRECTOR OF PLANNING 11j�'�►� DATE: JANUARY 21, 1991 SUBJECT: SILVESTRI INVESTMENTS, INC. , AMENDMENT TO PRAIRIE LAKE P.U.D. LAND USE PLAN, DATED OCTOBER 25, 1990 AND CONDITIONS OF APPROVAL, AS REVISED JANUARY 8, 1991 ISSUE Should the Honorable Mayor and Board of City Commissioners approve the attached Land Use Plan Amendment and attached Conditions of Approval? BACKGROUND AND DISCUSSION Prairie Lake P.U.D. consists of a 278 +/- acres project located on the Clark Road corridor between A. D. Mims Road and Clarcona-Ocoee r Road. It was initially approved with Conditions of Approval on December 9, 1986. The present Land Use Plan Amendment was approved by the Development Review Committee on December 13 , 1990. It was presented to the Planning and Zoning Commission on January 8 , 1991 at an advertised public hearing and was unanimously recommended for approval by the Planning and Zoning Commission. The purpose of the proposed amendment is to accomplish the following objectives: 1. Assure that all plans and agreements are adopted in accordance with all applicable City Code provisions; 2 . Update the previous agreements to reflect the current conditions and programming for the development of Clark and Hackney-Prairie Roads and see. Conditions of Approval #3 , #18 , and #23 . 3 . Eliminate any inconsistencies between the Land Use Plan, Development Notes, and Conditions of Approval ; and i # 1 Page 2 Prairie Lake PUD Staff Report January 21, 1991 4 . Lay the groundwork for finalizing a Developer's Agreement relating to road improvements, impact fee credits, and related infrastructure improvements and cost sharing. See attached City Attorney' s January 8 , 1991 memorandum for a more detailed presentation of the project' s history and discussion of the present status of the negotiation of the Developer' s Agreement, namely the construction cost sharing and construction time tables for Clark Road. Please note that a critical condition of the Developer's Agreement will be that no Certificates of Occupancy will be issued for any structures located on any portion of the Prairie Lakes PUD or any other lands located to the north owned by the Developer until such time as the entire segment of Clark Road (Note: on lands under control of Silvestri) has been constructed and accepted by the City. RECOMMENDATION The staff recommendation and that of the Planning and Zoning Commission to approve the attached Land Use Plan Amendment and Conditions of Approval is conditioned upon and made subject to the execution of a Developer' s Agreement acceptable to the City of Ocoee. cc: Paul Rosenthal, City Attorney Warren Williams, Attorney for Prairie Lake PUD Scott Henderson, Glatting, Lopez, Kercher and Anglin • • • FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON & ARKIN III NOA?I-1 OAAuae AVQNut, 9UIYt leoo ORLANDO, FLORIDA 32801 - 2388 TEL¢rHONE (Son 42!- 7111 ►ACIIMILE 14071 810 - 1743 �• f-OLEY & L,ARPNEN IN MILWAUK¢S, WI CONUIN MAILING ADORESS:• MADISON, WISCONSIN FOLEY & LARDNCP( POST OI'1'IC[ sox 115CHICAUO, ILLINOIS3 ITASCA, ILLIN013 777 EAST WIICQNBIN AV[NUR ORLANDO, F,, 32po1 • 2193 WAJHINUION, 0. C. MILWAUKEE, WIS. 53202 • 5387 ALEXANDRIA, vIROINIA ANNAPOLIS, MARYLAND T[i[PHON[ (4111 1)1 -1400 JACKSONVILLE, FLORIDA TELEX BS-11• TALLAHASSEE, FLORID., TAMPA, FLORIDA MEMORANDUM January 8 , 1991 WEOT PALM E,EACH, FLORIDA TO : City of Ocoee Planning and Zoning Commission FROM Paul E. Rosenthal , Esq . , City Attorney RE : Amendment to Prairie Lakes PUD Land Use Plan As indicated in the memorandum from Bruce Behrens, dated December 20 , 1990 , a second review of the Amendment to the Prairie Lakes PUD Land Use Plan has been scheduled for a public hearing in order to comply with requirements of the City Code . Subsequent to the October 9 , 1990 con- sideration of the proposed Amendment, the Planning Director and the City Attorney have met on several occasions with the Developer of Prairie Lakes . The purpose of these meet- ings was to accomplish the following objectives : (1) as- sure the adoption of the proposed Amendment in accordance with all applicable City Code provisions, (2) update the previous approvals so as tobe consistent with the current City programming for the development of Clark Road and Hackney-Prairie Road, (3) bring the existing PUD into com- pliance with the current provisions of and terminology used in the PUD Ordinance, (4) eliminate any inconsistencies between the Land Use Plan and the Development Notes and Conditions of Approval, and (5) finalize a Developer Agree- ment relating to road improvements and impact fee credits with respect thereto. The Development Review Committee reviewed the proposed Amendment to the Prairie Lakes PUD and the Conditions of Approval with respect thereto at its meeting of December 13 , 1990 . At that time, all outstanding issues between the City and the Developer were resolved. Attached hereto is a copy of the Conditions of Approval of the Land Use Plan as ap- proved by the DRC. By way of background, the City Commission previously approved Conditions of Approval iDecembey rs 1956 Due to the prior City Commission approval , the not attempted to renegotiate the Conditions of Approval . The Development Notes on the Land Use Plan and the Conditions of Approval simply consolidate the prior approval ofithehttityx- commission, include updates necessary to comply e isting PUD Ordinance, and address current issues with respect to road improvements . ahNI V:Xerox !Occupier 'IU20 ; 1- 0-91 ; 12 : 33 ; 4U'IU401143-+ 40'I 656 '5'I2' ;u 3 City of Ocoee Planning and Zoning Commission Amendment to Prairie Lakes PUD Land Use Plan Page 2 January 8 , 1991 The City and the Developer are currently negotiating the final terms of a Developer Agreement addressing issues re- lated to Clark Road and Hackney-Prairie Road and road im- pact fee credits with respect thereto. The current pro- gram calls for the Developer Agreement to provide that the Developer will , within five (5) years from the date of the Developer Agreement, commence construction of Clark Road from A.D. Mims Road north to Clarcona-Ocoee Road, all at the Developer ' s sole cost and expense . Road impact fee credits will be provided. The Developer 's segment of Hackney-Prairie Road will be constructed by the Developer in order to coordinate its timing with surrounding develop- ment, subject to the County allowing the road to be extend- ed prior to the construction of Clark Road. A critical con- dition is that no Certificates of Occupancy will be issued for any portion of the Prairie Lakes PUD or other lands to the north owned by the Developer until such time as the en- tire segment of Clark Road has been constructed and accept- ed by the City. The staff recommendation and approval by the DRC is conditioned upon and made subject to the execution of a Developer Agreement acceptable to the City. RECOMMENDATION: It is recommended that the following action be taken by the Planning and Zoning Commission: "that the Planning and zoning Commission approve (i) the Land Use Plan (Master Plan Amend- ment) , dated August 5 , 1985 , as revised through October 25 , 1990 and prepared by Glattingr Lopez , i{ereher, Anglin under Project No. 3492 .01 , and (ii) the Conditions of Approval (Land Use Plan Amendment Development Conditions) , as revised through November 14 , 1990 and approved by the Development Review Com- mittee at its meeting of December 13 , 1990 , such Approvals being subject to the execution of a Developer Agreement accept- able to the City . " per/etb Paul E. Rosenthal enc . Carbon copy with enclosure to: Mr. Ellis Shapiro, City Manager Mr. Bruce Behrens , Planning Director SEIJI UY:xerox lulecuplui iuLu GLK A TEL : 40?-839-1789 Jan 8 ,91 10 :48 No .008 P .02 Revised 1/8/91 CONDITIONS OF APPROVAL TO LAND USE PLAN PROJECT: Prairie Lakes PUD Land Use Plan (approved / /91) (9/25/86) (approved 12/9/86) PROJECT ANALYSIS: 1. Project Area - 278.6 Acres 2. Zoning - PUD 3. Water - City of Ocoee 4. Sewer - City of Ocoee S. Flood El. -90.0 (100 YR) 6. Stormwater Outfall - Lake Meadow Prairie Lake Development of Prairie Lakes PUD may be undertaken in accordance with the 8/5/85, as revised through Land Use Plan dated 10/25/90, subject to the following additional conditions of approval which shall be incorporated Into all Development Plans for each phase of the project: 1. The Development Plan shall demonstrate substantial compliance with the City's Arbor and Landscaping Ordinances, and every effort will be made to conserve on-site tree Cover. 2. All preliminary approvals are contingent upon final acceptance of appropriate and reasonably acceptable engineering standards affecting stormwater management, wastewater management, water supply, and transportation impacts. C. Prior to the issuance of a Certificate of Occupancy for Tract E, the developer shall pave Hackney Prairie Road as a 2-lane section from Clark Road to the east property line. In addition, the developer shall contribute 1/3 of the cost of Hackney Prairie Road from Clark Road to Apopka Vineland Road. The 1/3 share shall be based on the construction bid price up to a maximum of $54,000 (excluding railroad crossing). 4. The developer shall provide for the extension and paving of Clark Road to the northern boundary of the project to ensure adequate emergency access and to provide for general ddressf~dic ginl�dev leperr agrs. eement wand eth the r �;ty elated to Clark Road shall be a 5. Prior to approval of any Certificates of Occupancy within Phase 1, the developer shall construct a future collector street extending westerly off Clark Road from Street "A" through Tract A to match up with the required Emergency Access road. 6. Clark Road is to be developed as an arterial street and shall be planned for four lanes within a 100-foot wide right-of-way and shall be designed with a 45-mph design speed. Clark Road shall be paved as a 4-lone road for a distance of 1,000' north of A. D. Mims Road and 2 lanes to the north property line. The balance of matters relating to the details of Clark Road paving shall be addressed in the developer'sagreement.epe ogre rr,entwQth thr e Cityers . to Clark Road shall be addressed SENI UY:Xerox Telecopier 7020 ; 1- 8-91 ; 12:34 ; 4076481743-+ 4U7 656 5725;# 5 GLKA TEL ; 40?-839-1789 Jan 8 ,91 10 :48 No .008 P .03 Revised 1/8/91 7. Five-foot-high serpentine masonry screen wallt or an Irrigated, City approved landscaped buffer with berms shall be required along both sides of Clark Road for its entire length. All access rights to Clark Road shall be dedicated to the City of Ocoee except at points delineated on the approved Land Use Plan Amendment. 8. A total commercial land area of 15.2 acres with 125,000 square feet of commercial building floor space is approved as specified in the Land Use Plan. 9. The minimum living area for multi-story apartment dwellings shall be 750 square feet; 1,000 square feet for duplexes, villas, townhomes, and patio homes;and 1,200 square feet for all single family detached dwellings per Section 13.11 Subsection (21). 10. A conceptual drainage report providing a general description and layout of Stormwater Management Facilities shall be provided with the Development Plan submittal. Additionally, the stormwater collection improvements shall be a dosed system, except in limited cases where open drainage would be suitable, as recommended by the City Fngineer. 11. When the stormwater is proposed to discharge into a lake without a positive outfall, the pond design shall detain the 100-year storm event. The pond shall be designed to evacuate an average daily volume equivalent to one inch of runoff from the total area contributing to the pond, 12. Provide compensating storage for all flood water displaced by development below the elevation of the 100-year flood. Compensating storage Is to be accomplished between the normal high-water elevation and the estimated 100-year flood elevation. 13. All typical subdivision design standards and regulations shall be adhered to by the developer except as permitted herein. 14. Clark Road shall be constructed with sleeves for Irrigated landscaped median consistent with City design for Clark Road Its entire length through the project, and access openings shall be provided no more often than per the Clark Road Engineer's Report (8/5/90) unless otherwise shown on the 10/25/90 Plan. The developer shall be credited for 100 percent of the cost of the median improvements against transportation impact fees. The procedures for the approval and granting of such Impact fee credits shall be addressed in a developer agreement with the City. 15. A minimum of two off-street parking spaces per residential unit shall be provided behind the front yard setback line in Tracts D, I, and G. Deed restrictions shall be required at the time of plat approval limiting parking In the front yard to two vehicles (autos and light duty trucks only) situated on a paved surface. 16. Sidewalks and on one sidetin of Hackney sPraill re Road within the project both boundar es 0 SENT UY:Xerox Telecopier 'MU ; 1- 11-91 ; 12 ;,35 , 4U104ui14� ' 4U, GLKA TEL : 407-839-1789 Jan 8 ,91 10 :48 No .008 P ,04 Revised I 1/8/91 Sidewalks to be provided by parcel developers with the Master Developer providing sidewalks in front of pond, etc. 17. Specific details pertaining to the Emergency Access Road extending westerly from the site and connecting to Marlene Drive shall be outlined on the Development Plan including general routing, width, type of base, access controls and easement agreements. The Emergency AcceSs Road shall be constructed prior to issuance of any Certificates of Occupancy in Phase I. 18. Traffic improvements to be provided by the developer (in addition to those 0 otherwise required for Development Plan approval) shall include appropriate by-pass, turning, acceleration and deceleration lanes as required at the following locations: A. The intersection of Clark Road and A.D. Mims Road (Phase I) B. The intersection of A.D. Mims Road and Apopka-Vineland Road (Phase I) C. The Intersection of Street "A" and A.D. Mims Road when Street "A" connects to A.D. Mims Road. D. The Intersection of Clark Road and Hackney Prairie Road - 75% responsibility of intersection cost with 100% credit for Master Developer expenditures. In addition, left-turning lanes shall be provided at every access or street intersection onto Clark Road within the development. Also, traffic signals shall be installed when warranted at the intersection of Clark Road and A.D. Mims Road and Apopka-Vineland Road and A.D. Mims Road. The developer shall be credited against transportation impact fees for 50 percent of the cost of all intersection improvements installed by him at Clark Road and A.D. Mims Road and installed by credited 100 h m at ,D. Mims ms Roadercent fthe cost of and Ap pka•Viiintersection improvements neland Road. 19. The developer shall be credited against traffic impact fees for yyimprovements (but excluding land contributions� t �Clark appl cableand ctraffic impact Road.e Such credits shall be In accordance ordinance or developers agreement with the City. Should any additional impact fees be enacted duthe hlddevelopment hail pay the f the project,the developer or subsequent individual appropriate fees. Dedication of park land to the City, over and above that which is required for the UDth the Park creditedee i Ordinance.applicable park Impact fees in accordance 20. Tract D within the Development shall correspond with and drPcts tlo Hod sto onh ly provide for the construction of Townhomes, minimum of 1,200 square feet average living space required. ;.±NI Ui:xerox I elecopier VU[U ; H 0-91 ; 1z . ,3e) ; 4UIu4UIl4a-' 4U1 OI GILJiM 1 ' G L K A TEL : 407-839-1789 Jan 8 ,91 10 : 48 No .008 P .05 Revised i 1/8/91 21. Street "A" shall be constructed as a 60' ROW with a paving width of 24' prior to Certificates of Occupancy for any portion of Tract C. 22. Prior to the issuance of any building permit for any portion'of the project the developer shall commence the design and construction of Clark Road from A.D. Mims Road north to Clarcona-Ocoee Road, all in accordance with a developer agreement with the City. Prior to the issuance of any Certificate of Occupancy for the project, Clark Road shall be designed and constructed and dedicated td and accepted by the City from A.D. Mims Road north to Clarcona- Ocoee Road, all in accordance with a developer agreement with the City. 0 The developer shall enter a developer agreement acceptable to the City addressing the construction of Clark Road and Hackney-Prairie Road and road impact fee credits with respect thereto. In the event of any conflict between the developer agreement and the Land Use Plan or these Conditions of Approval, the terms of the developer agreement shall control, 24. Retention areas for developed parcels will be owned and maintained by a homeowner's association unless otherwise agreed to by the City. 25. All matters set forth on the Land Use Plan are incorporated herein by reference and made a part of these Conditions of Approval. 26. Whenever the term ''developer" is used herein, the same shall be taken and construed to mean Silvestri Investments of Florida, Inc. All obligations liabilities, and responsibilities incurred by or imposed by these Conditions of Approval shall be assumed by and be enforceable against any successor-in- interest to the developer, as the overall developer of the PUD. 27. These Conditions of Approval supercede and repeal all prior approvals by the City including, but not limited to, the Preliminary Master Plan dated September 25, 1986, as approved by the Ocoee City Commission on December 9, 1986. Approved by the Ocoee City Commission under agenda item at a public hearing held on ._,_ , 1991. . 1 •The Orlando Sentinel, Sunday, December 30, 1990 NOTICE OF PUBLIC HEARING • CITY OF OCOEE I Notice is hereby given that the City of Ocoee will hold a Public t Hearing during the meetings of the Planning and Zoning Board Jan- i uary 8, 1991 and Board of City Commissioners February 5, 1991, . both Boards begin at 7:30 p.m., or as soon thereafter as possible, in the Community Center, located at 125 N. Lakeshore Drive, - Ocoee,Florida,to consider approving PRAIRIE LAKE PUD-LAND USE PLAN AMENDMENT.The Development Review Committee of . • the City of Ocoee has determined that the developer of PRAIRIE LAKE PUD wishes to make a substantial change to the Land Use • . Plan for this property, (Alterations to the Land Use Plan determined • r to be substantial require an advertised Public Hearing before the . Planning and Zoning Board and Board of City Commissioners). The legal description and site location map is as follows: A 278.6 acres more or less portion of Sections 4 and 9, Township 22, Range 28 and being subject to any rights-of-way or easements ofre-' . cord.A lengthy metes and bounds legal description 12 available In the case file. LOCATION MAP: I MI - Ira WM 17011 . $..K . \\V,,leiii. 111 a a%t� . .P• • N.-k ..'':014, 1 �`'=�•� "��- 1111 RI -., ir • • Copies of the proposals may be examined in the Planning Depart- • ment of City Hall, 150 N. Lakeshore Drive,Ocoee,Florida,between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, or • phone 656-7489.You are advised that if a person decides to appeal • any decision made with respect to any matter considered at such' hearing,he or she may need a record of the proceedings,and for such 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 to be based. . City Clerk December 30,1990 I CL-325• . • . Dec.30,1990