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VI (A) Prairie Lakes PUD - Track E Preliminary Subdivision Plan - Project #LS-99-008 Agenda 11-21-2000 Item VI A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR.COMMISSIONER Ocoee S_SCOFF VANDERGRIFT CITY OF OCOEE COMMISSIONERS DANNY HOWELL I$0 N. LAKF.SHORF,DRIVE SCOTT ANDERSON OCOEE, FLORIDA 34761-2258 RUSTY J. HNSON PARKER y@V (407)905-3100 NANCY J. NARKER JF*OF COOS `, CITY MANAGER ELI.IS SHAPIRO STAFF REPORT DATE: October 30, 2000 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner THROUGH: Russ Wagner, AICP, Director of Planning y SUBJECT: Prairie Lake PUD —Tract E Preliminary Subdivision Plan Project# LS-99-008 ISSUE: Should the Mayor and City Commissioners approve the Preliminary Subdivision Plan for Prairie Lake PUD —Tract E? BACKGROUND: The Prairie Lake PUD —Tract E subdivision will include 66 single family residential lots and 106 townhouse lots, for total of 172 units. The project is located at the southeast corner of the intersection of Clarke Road and Hackney Prairie Road. The subject property is part of the Prairie Lake PUD, which provides for net a density up to 7 du/ac, with an average living area no less than 1,200 sf and a minimum living area of 1,000 sf. The property surrounding the proposed subdivision has PUD zoning (west and south - mostly vacant land) and R-1-A zoning (north and east - SF homes), but there is a small vacant parcel just north of the site with C-1 zoning. The subject property is currently vacant, but is substantially covered with trees. DISCUSSION: The single family portion of this subdivision will have two points of access, one from Clarke Road and one from Hackney Prairie Road. The townhouse portion of the subdivision will have one entrance from Clarke Road which will be gated. The plan currently does not provide a 6 foot brick wall along Clarke Road and Hackney Prairie Road, as provided with most other subdivisions. The Developer has chosen to provide a 10 foot landscape buffer with a berm, rather than a wall (see typical section on Sheet 3 of the plan). There are two recreation tracts (Tracts F and G) located in the townhouse area. Tract F will include a pool with a cabana and a tot lot, while Tract G will include a multipurpose court. The Developer's representative indicated at the Planning and Zoning Commission meeting that these recreation areas are intended to serve the townhouse area only. POWt Pro ct 9cc3e's Watar 9asource n. October 30, 2000 Honorable Mayor and City Commissioners Page 2 This subdivision plan also provides a 5.44 acre park area on Hackney Prairie Road which will be dedicated to the City with recreation impact fee credits. That park land is located adjacent to another park area which was acquired by the City when the Remington Oaks subdivision was platted. Portions of both park areas are below the 100 year flood plain, but once this subdivision is platted, the City would have a total of approximately 10 acres of usable park area on Hackney Prairie Road for a neighborhood park. The details of this park land arrangement will be finalized in an amendment to the Prairie Lake PUD and an amendment to the Developer Agreement which are currently pending. The two parts of this subdivision will be connected by sidewalks for pedestrian interaction. However, there is not a connection for vehicular traffic because the townhouse portion will be a gated community. The subdivision plan does not currently provide landscaping, a fence or a buffer wall between the two portions of the subdivision. However, it should be noted that the Code usually requires a minimum 15 foot buffer area (supplemented by berms, walls and/or fences and landscaping) between multifamily uses and single family areas. This point has not been pressed during the staff review process, since the entire tract has a common land use designation and zoning. A unique feature of this subdivision plan is that it involves a significant amount of filling within the 100 year flood plain off-set by excavation to provide compensating storage. This technique is permitted by the Water Management District, but is usually not permitted by the City because it is inconsistent with the City's Comprehensive Plan. In this case, the Developer was allowed to propose this technique, as well as using a designated wetland area in the sinkhole for stormwater retention. This is because the project is part of the Prairie Lake PUD which was approved prior to adoption of the current comprehensive plan. When that PUD was approved, the Land Use Plan anticipated that this compensating storage technique would be used when the land was developed. As previously indicated, the majority of this site is covered with trees. With the proposed filling necessary to bring a large portion of the site above the 100 year flood elevation, many of the trees on the site will need to be removed, particularly on the southern half. Again, this filling is only being permitted since the original PUD contemplated such a construction technique as part of its approval. Three waivers from normal Code requirements are being requested for this subdivision plan. Waiver# 3 in the waiver table involves minimum building separation within the townhouse area. That waiver was supported by the Development Review Committee (DRC). The other two waivers (# 1 and #2 in the waiver table) involve side setbacks and maximum impervious surface coverage in the single family portion of the subdivision. The DRC voted unanimously not to support those two waivers because the reduced side setback (from 7.5 feet to 5 feet) and increased impervious surface coverage (from 50% to 60%) would make it very difficult to preserve the few trees that will be remaining on the site. Additionally, the DRC did not support the Developer's position that a side setback of 6 feet should be used for the first waiver request (6 feet is the minimum side setback for single family homes in an R-2 district). Rather, the DRC supported the position that a side setback of 7.5 feet should be used for that waiver request (7.5 feet is the minimum side setback for single family homes in almost all other single family zoning districts). Also, the City has never approved a single family project with a maximum impervious surface coverage over 50%. October 30, 2000 Honorable Mayor and City Commissioners Page 3 Another important policy issue to be considered with this proposed subdivision plan is density. The Prairie Lake PUD provides for townhouse development with a maximum net density of 7 dwelling units per acre on Tract E (the subject property). The majority of the DRC voted to consider the entire area of the subdivision when calculating the net density proposed on this site, including the sinkhole which is being used for stormwater management. Using the figures presented on the Plan, the total number of units proposed in this PSP is 172 and the net developable area is about 38.2 acres. These figures provide an overall net density on the site of about 4.5 du/ac. Therefore, using these figures, the proposed density is consistent with the Prairie Lake PUD Land Use Plan. The DRC did not oppose the Developer's intent to include portions of the stormwater management area and the City park area in the townhouse density calculation. That method results in a net density of 6.4 du/ac on the townhouse portion of the site. However, if those areas are not included in the townhouse density calculation, the actual density in the townhouse portion of the site is approximately 9.8 du/ac. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Preliminary Subdivision Plan for Prairie Lake PUD — Tract E was reviewed by the Development Review Committee (DRC) on September 19, 2000. The plan reviewed by the DRC still had many unresolved issues which were presented in a staff report with numerous comments from several departments. During the meeting there was a lengthy discussion on various issues outlined in the staff report. The applicant agreed to revise the plan to incorporate changes discussed by the DRC, then resubmit the plans prior to the Public Hearings. At the conclusion of the meeting, the DRC voted 7-1 to recommend approval of the Preliminary Subdivision Plan, subject to the changes discussed during the meeting. The discussion included a unanimous vote not to support the first two requested waivers involving 5' side setbacks and a maximum 60% impervious surface coverage for the single family lots. PLANNING &ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered the Preliminary Subdivision Plan for Prairie Lake PUD — Tract E on October 10, 2000. Staff and the Applicant's representatives answered numerous questions from the Commission regarding various elements of the Plan. There were also a few questions from the public which were also answered. During the discussion, P & Z Commissioners raised several questions about the project. One of the concerns was about the completeness of the plans. Some of the Commissioners felt that all applicable information should be on the Plan before they took any action on a recommendation (some of the information requested by the DRC was not on the Plan at that time). There was also concern about the buffer along Clarke and Hackney Prairie Roads (this Plan does not provide a brick wall as is provided in other subdivisions) and a buffer between the single family and townhouse portions of the subdivision (a brick wall is not provided as it has been in other similar situations). One of the Commissioners also raised the question of notifying single family residents about the proposed townhouses in this subdivision. Questions about density calculations were raised, but the Commission seemed to accept the DRC vote to consider the area of the entire subdivision when calculating density. When the discussion was finished, the Planning and Zoning Commission voted 4-3 to recommend approval of the Preliminary Subdivision Plan for Prairie Lake PUD — Tract E, according to the Staff recommendation. October 30, 2000 Honorable Mayor and City Commissioners Page 4 The plans have been revised since the Planning and Zoning Commission meeting. All of the necessary additional information that had been discussed by the DRC has now been provided on the Plan. However, there are three items on the Plan that should be clarified: 1) The building envelops on single family Lots 1, 2 and 3 should show a front setback which matches the front setback on single family Lot 4. 2) The boundary of Tract J at the Hackney Prairie Road entrance should follow the 86 contour line, providing more frontage for the park on the entrance road. 3) The subdivision boundary at the southeast corner of the site should be modified to provide access above the 83 contour line between the Clarke Road retention pond and the property east of the subdivision which will eventually be transferred to the City (Tract F of the Prairie Lake PUD). Also, upon further review of Development Note # 29 on the Prairie Lake PUD Land Use Plan, it appears that the developer option of providing a landscape screen vs a buffer wall along Clarke Road and Hackney Prairie Road does not apply to this property. The Assistant City Attorney has confirmed this interpretation. During the DRC review of the project, Staff was mistakenly under the impression that the developer did not have to follow normal City policy which requires that a six foot high brick wall be built around the development. Accordingly, the City Commission may wish to require this type of screen wall along Clarke Road and Hackney Prairie Road consistent with surrounding developments. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission approve thePreliminary Subdivision Plan for Prairie Lake PUD —Tract E, subject to exclusion of the two proposed waivers on side setbacks and maximum impervious surface coverage on the single family lots, and further subject to the plans being modified to incorporate the three items of clarification previously identified. Attachments: Copy of Public Hearing Advertisement Copy of the current Prairie Lake PUD Land Use Plan (with amendment approved 1996) Preliminary Subdivision Plan, date stamped October 30,2000 O\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\2000CCSR\SR00079 doc / a CC rietto FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377.0107 TO: The Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: November 21, 2000 RE: PRAIRIE LAKES PUD - TRACT E (Project No. LS-99-008) (11/21/00) Proposed Motion for Approval Move approval of Preliminary Subdivision Plan for Prairie Lakes PUD - Tract E, as date stamped received by the City October 30, 2000, subject to the following conditions of approval which have been agreed to by the Applicant at the public hearing: 1) The building envelops on single family Lots 1, 2 and 3 should show a front setback which matches the front setback on single family Lot 4. 2) The boundary of Tract J at the Hackney Prairie Road entrance should follow the 86 contour line, providing more frontage for the park on the entrance road. 3) The subdivision boundary at the southeast corner of the site should be modified to provide access above the 83 contour line between the Clarke Road retention pond and the property east of the subdivision which will eventually be transferred to the City (Tract F of the Prairie Lake PUD). 4) Exclusion of the two proposed waivers on side setbacks and maximum impervious surface coverage on single family lots, said waiver requests having been withdrawn by the applicant, so that the single family lots will have a side setback of 7.5 feet and the single family portion of the project will have a maximum impervious surface coverage of 50%. 5) Approval of requested waiver to allow a 20 foot building separation in lieu of a 30 foot building separation for the townhomes area. 6) The restrictive covenants for Tract E shall prohibit "short term rentals" and such prohibition be enforceable by the City; provided, however, that for the purposes hereof, "short term rental" shall refer to a rental term of less than 6 months. 000.201000.1 7) Each original third party purchaser of a townhome and/or single family home within Tract E shall receive a written disclosure form which includes sufficient information to disclose to such purchaser the proposed site plan for Tract E and the mix of uses within Tract E, such disclosure form to be reviewed and approved by the City prior to the approval of a plat or the sale of the first townhome or single family home, whichever first occurs. The City shall be provided with acceptable documentation of compliance with the foregoing which shall include a receipted copy of the disclosure form for each townhome and single family home. 8) The following minimum living areas shall apply to the development of Tract E: a. Single Family Minimum Living Area: 1,400 SF b. Townhome Minimum Living Area: 1,100 SF 9) The applicant shall submit to the City revised plans which incorporate all of the conditions of approval set forth in this motion. OTHER POSSIBLE CONDITIONS OF APPROVAL NOT AGREED TO BY APPLICANT: 1) The applicant shall construct a 6 foot high brick wall along Hackney Prairie Road from Clarke Road to and including proposed Lot 40. 2) With respect to the proposed irrigated landscape buffer and berms, restrictive covenants shall provide assurances acceptable to the City for the adequate maintenance thereof and that said provisions shall be enforceable by the City. 3) The Conditions of Approval for the Prairie Lakes PUD provide that the "irrigated landscaped buffer with berms" along Clarke Road must be approved by the City. The City Commission in its review of the proposed Preliminary Subdivision Plan may determine the adequacy of the proposed buffer and berm and, if applicable, require revisions to the proposed landscape buffer with berms or set reasonable standards with respect thereto. CONDITION OF APPROVAL PROPOSED BY APPLICANT: 1) A 6 foot high brick wall will be constructed along both Clarke Road and Hackney Prairie Road and in consideration of the applicants voluntary agreement to construct said wall, Tract J (Park) will be converted into single family residential lots (to the extent permitted by the City Code) and will not be conveyed to the City as a park tract and that all provisions inconsistent with the foregoing will be modified. The lot layout for Tract J will be set forth in the Final Subdivision Plan. 006 201000.1 -2- Copy of Public Hearing Advertisement Date Published THURSDAY. SEPTEMBER 28.2000 Advertisement NOTCE Of PUBLIC HEARINGS CRY OF OCOEE N0rCE 15 HEREBY GIVEN.that the CCOMMISSION PLANNING hold O 3PUBLC HEARING on Tuesday. October ID 2C00 at their regular session,al 7.30 n..crn nor as possiole and me asCOEE CITY COMMISSION will not a PUBLIC HEAPING on Tues- day. at eir o at�15 p.m or asmsoon Mere- lar ellercas possible, the Commission Charters.Ocoee iniry Hall,150 North Lakeshore Onve Ocoee.Flo to con- sider approval of me Prellmiary Sub& yishan Pan for the PRAIRIE LANES Pun,TRACT'E'.The site is located on the so asl cornerof Hackney P re.,a Road and Olath wd ith gaaer � lutpeldse she()o the ebiecproM, may be inspected at the Ocoee Plans rang Oe;acmenl.150 Norm Lakeshore a Drive,a:o-fir.?..nHonhours ay throughh Friday, ee_e_. ., rniaais. The t.see Plammr,g and Zoning Com- publiceangeonhe continue the hrstoor and t r ies as they deem necen n ary. ,y r:erested path shall be ad- Tied ra:7e dates.time, nd plates usn y-cmnu aim,d Ncic hearings shall be anmurced during the and mateaWnne n : regarding these p IMeres:ed parries may appear at the public hearngs and be heard with re. Fenveho desres to appeals Any deci on made ash the public anyearing may sc d of the proceeding and for need /need to ensure coma record I the proceedings is vmade mah includes the testimony and • Ides upon which the appeal is based Persons withdlsaPmros needing o to pout° in the the Clerk[ice 48 hours in contactdvance oflhe meevgat(407)gC&3105- JEAN GRAFTON.CITY CLERK. CITY OF OCOEE Thursday,September 28.2 W] OLS:` .853 28T SEPT. 2W]