VI(A2 a&b) Second Reading of Ordinance for Towns of Westyn Bay PUD - Rezoning & PSP Agenda 10-21-2003
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Center of Good Llvl Item VIA 2 a &b
Mayor (N rig Commissioners
S. Scott Vandergrift 404.1 Danny Howell, District 1
EScott Anderson,District 2Y
Rust Johnson, District 3
City Manager "�Y
Jim Gleason Nancy J. Parker, District 4
STAFF REPORT
DATE: October 13, 2003
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Planning Manager
THROUGH: Russ Wagner, AICP, Community Development Director /
SUBJECT: Towns of Westyn Bay PUD—Project# LS-2000-02
1) PUD Zoning/Land Use Plan—Ordinance#2003-42, Second Reading
2) Preliminary Subdivision Plan
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance#2003-42, approving the proposed
PUD Zoning / Land Use Plan, and approve the Preliminary Subdivision Plan for the Towns of
Westyn Bay PUD?
BACKGROUND:
The Towns of Westyn Bay PUD includes about 18.3 acres and is located on the north side of
Ocoee Crown Point Parkway, west of its intersection with Ocoee Apopka Road. The property
was part of the Westyn Bay Preliminary Subdivision Plan, designated as a future multi-family
development with R-3 zoning. The property is currently occupied by an old orange grove. The
owner intends to develop the property as a private, gated townhome community with fee simple
ownership of the units. The proposed Planned Unit Development (PUD) zoning and PUD Land
Use Plan is intended to help provide a high quality townhome community, which will be an
important addition to the larger Westyn Bay community.
The Towns of Westyn Bay property is bounded to the west and north by the Westyn Bay single
family subdivision and the proposed Vinyards subdivision, both with R-1-AA zoning. It is
bounded to the east by Ocoee Apopka Road and the area across that road is currently
undeveloped with R-1-A zoning. The area to the south, on the south side of Ocoee Crown Point
Road, is the Westyn Bay commercial area (currently undeveloped)with C-3 zoning.
DISCUSSION:
The proposed PUD zoning allows up to a maximum of 172 units, which would result in a density
of 9.38 units per acre. This zoning is consistent with the Westyn Bay Preliminary Subdivision
Plan and the Future Land Use Map of the City's Comprehensive Plan, which shows a High
Density Residential designation for the subject property. This is intended to be a gated
community, like the single family portion of Westyn Bay, which will be part of the Westyn Bay
master homeowners' association. Recreation facilities for the residents will be provided within
the project itself, but meeting space will be shared at the main recreation complex for the
Westyn Bay subdivision.
City of Ocoee• 150 N Lakeshore Drive•Ocoee,Florida 34761
phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us
October 13,2003
Honorable Mayor and City Commissioners
Page 2 of 3
There will be one entrance point into the Towns of Westyn Bay from Ocoee Crown Point
Parkway, across from one of the entrances to the commercial property. There will also be a
pedestrian connection through a gate to Westyn Bay Boulevard, allowing pedestrian access
between the townhomes and the rest of the Westyn Bay community. A 6' buffer wall with
landscaping will be provided between the townhomes and the two adjacent single family
subdivisions. The 6' buffer wall and landscaping that will be built along Ocoee Apopka Road
and Ocoee Crown Point Parkway will match the wall and landscaping that have been provided
for the rest of Westyn Bay. However, it will also meet the City's recently upgraded landscaping
provisions related to size and amount of plant materials for multi-family developments.
Ocoee Crown Point Parkway was designed as a four lane road with left and right turn lanes into
each of the adjacent developments. When Ocoee Crown Point Parkway was constructed for
the first phases of the Westyn Bay single family subdivision, only the two outer lanes and
minimal turn lanes were constructed. One of the conditions in the original Westyn Bay
Development Agreement indicated that, if they had not already been constructed prior to
completion of the townhome development, the two interior lanes and all necessary turn lanes for
this project must be constructed on Ocoee Crown Point Parkway along with the development of
the townhome property. Therefore, before the Towns of Westyn Bay are ready to be occupied
by any residents, Ocoee Crown Point Parkway will be a full four lane road with all necessary
turn lanes.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The proposed PUD Zoning with the PUD Land Use Plan and the Preliminary Subdivision Plan
for the Towns of Westyn Bay PUD were reviewed by the Development Review Committee
(DRC) on August 21, 2003. There were a few minor issues to be addressed from the City
Attorney and from the Planning Division that were identified in written staff comments. All of the
issues were discussed and a few minor changes to the Plan were agreed upon. When the
discussion was finished, the Committee voted unanimously to recommend approval of the
proposed PUD Zoning with the PUD Land Use Plan and the Preliminary Subdivision Plan,
subject to making the changes agreed upon at the DRC meeting.
The plans have now been revised to address the issues that were discussed at the DRC
meeting. However, one clarification to Condition of Approval#56 is needed on both plans. The
last sentence of that Condition should be replaced with the following sentence:
The rear yards of all lots backing up to Ocoee Crown Point Parkway shall not
have any structures or accessory structures, including screen rooms, built any
closer than 10 feet from the face of the buffer wall.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On September 9, 2003 the Planning and Zoning Commission held public hearings to consider
the PUD Zoning / PUD Land Use Plan, and the Preliminary Subdivision Plan for the Towns of
Westyn Bay PUD. The City Staff and the Project Engineer answered questions about a variety
of issues. There was discussion about how this townhouse development fits in with the rest of
Westyn Bay, sharing meeting room space and pedestrian access between them. The plan
currently shows a 4' sidewalk leading from the townhouses to the Westyn Bay Boulevard in the
other subdivision. After discussion with the Commission, the Applicant agreed to make it an 8'
sidewalk. When the discussion was finished, the Planning and Zoning Commission voted to
recommend approval of both the PUD Zoning / PUD Land Use Plan and the Preliminary
Subdivision Plan for the Towns of Westyn Bay PUD, per the staff recommendation, with
an 8' sidewalk connecting the two subdivisions.
October 13,2003
Honorable Mayor and City Commissioners
Page 3 of 3
STAFF RECOMMENDATION:
Based on the recommendations of the Development Review Committee and the Planning and
Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners
adopt Ordinance # 2003-42 approving the PUD Zoning/Land Use Plan, and approve the
Preliminary Subdivision Plan for the Towns of Westyn Bay PUD, as date stamped
received by the City on August 29, 2003, subject to making the change to Condition of
Approval # 56 as described above on both plans, and making the connecting sidewalk 8'
wide. Approval of the PUD Land Use Plan and Preliminary Subdivision Plan will also
need to be subject to execution and approval of a Development Agreement.
Attachments: Copy of Public Hearing Advertisement for Zoning/LUP,October 9,2003
Copy of Public Hearing Advertisement for PSP,October 9,2003
Ordinance#2003-42
Towns of Westyn Bay, PUD Land Use Plan,date stamped August 29,2003
Towns of Westyn Bay PUD,PSP,date stamped August 29,2003
O:\Staff Reports\2003\SR03096 CC.doc
Thursday, October 9, 2003 - Orlando Sentinel
•
CITY OF OCOEE
NOTICE OF PUBLIC HEARING ON
THE TOWNS OF WESTYN BAY PUD ZONING
NOTICE IS HEREBY GIVEN,pursuant to Section 4-5B,Ocoee Land
Development Code,that on Tuesday,October 21,2003,at 7:15 p.m.,or
as soon thereafter as j5ractical,the OCOEE CITY COMMISSION will
hold a PUBLIC HEARING at the Ocoee City Commission Chambers,
150 North Lakeshore Drive,Ocoee,Florida,to consider the proposed
PUD Zoning/PUD Land Use Plan for the Towns of Westyn Bay PUD
property,located at the northwest corner of the Intersection of the
Ocoee Apopka Road(CR 437)and Ocoee Crown Point Parkway and to
consider the following ordinance:
ORDINANCE NO.2003-42
(PUD Zoning Ordinance for the Towns of Westyn Bay PUD•CASE 0
RZ-03-01-10)
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM OCOEE R-3
•MULTI-FAMILY DWELLING'TO'PUD'ZONING,PLANNED UNIT
DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 18.3 ACRES LOCATED ON THE
NORTH SIDE OF OCOEE CROWNPOINT PARKWAY,WEST OF ITS
INTERSECTION WITH OCOEE APOPKA ROAD PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNER;FIND-
PREHENSIVE PLAN,,THE CONSISTENT
COEE CITY CODE,AND OCOEE
PLANNING AREA AGREEMENT;PROVIDING FOR AND AUTHO-
RIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES;PROVIDING AN EF-
FECTIVE DATE. .
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The complete case file,Including a complete legal description by metes and
bounds of the Towns of Westyn Bay PUD property,may be inspected at the
Ocoee Community Development Department,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 they deem necessary.Any interested party shall be advised
that the dates,times,and places of any continuation of this or continued
public hearings shall be announced during the hearing and that no further
notices regarding these matters will be published.
Interested parties may appear at the public hearing and be heard with res-
pect thereto.Any person wishing to appeal any decision made during the
public hearing 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.
Persons with disabilities needing assistance to participate In any of the pro-
ceedings should contact the City Clerk's Office 48 hours in advance of the
meeting at(407)905-3105.
•
JEAN GRAFTON,, f., '
0L55274109 '' OCT.9,2003
Thursday, October 9, 2003 - Orlando Sentinel
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
ON THE
PRELIMINARY SUBDIVISION
PLAN
TOWNS OF WESTYN BAY PUD
LS-03.001
NOTICE IS HEREBY GIVEN,pur-
suant to Section 4-5 B.,Ocoee Land
Development Code,that on Tues-
day,October 21,2003,at 7:15 p.m.,
or as soon thereafter as practical,
the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING at
the Ocoee City Commission Cham-
bers, 150 North Lakeshore Drive,
Ocoee,Florida,to consider the pro-
posed Preliminary Subdivision Plan
for the Towns of Westyn Boy PUD,
located at the northwest corner of
the intersection of the Ocoee Apop-
ka Road(CR 437)and Ocoee Crown
Point Parkway.
The Ocoee City Commission will re-
• view and may make a decision con-
cerning the proposed Preliminary
Subdivision Plan for the Towns of
Westyn Bay based upon its confor-
mance with the requirements of the
Ocoee Land Development Code and
the recommendations of the Devel-
opment Review Committee and the
Planning and Zoning Commission.
The complete case file,including a
complete legal description by metes
and bounds,may be inspected at
the Ocoee Community Development
Deportment,150 North Lakeshore
Drive,Ocoee,Florida,between the
, hours of 8:00 a.m.and 5:00 p.m.,
Monday through Friday,except le-
gal holidays.
The Ocoee City Commission may
continue the public hearings to oth-
er dates and times,as it deems nec-
essary.Any interested party shall
be advised that the dates,times,
and places of any continuation of
these or continued public hearings
shall be announced during the hear-
ings and that no further notices re-
garding these matters will be pub-
lished.
Interested parties may appear at
the public hearing and be heard
with respect to the proposed Pre-
liminary Subdivision Plan.Any per-
son wishing to appeal any decision
made during the public hearings
will need a record of the proceed-
ings and for this purpose may need
to ensure that a verbatim record of
the proceedings is made which in-
cludes the testimony and evidence
upon which the appeal is based.
Persons with disabilities needing
assistance to participate in any of
the proceedings should contact the
City Clerk's Office 48 hours in ad-
vance of the meeting at(407)905-
3105
JEAN GRAFTON,
CITY CLERK
OLS5278305 OCT.9,2003
ORDINANCE NO.2003-42 CASE NO.: RZ-03-01-10
PARCEL ID: 06-22-28-0000-00-066
TOWNS OF WESTYN BAY REZONING
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
OCOEE R-3 "MULTI-FAMILY DWELLING" TO "PUD"
ZONING, PLANNED UNIT DEVELOPMENT DISTRICT,
FOR CERTAIN REAL PROPERTY COMPRISING
APPROXIMATELY 18.3 ACRES LOCATED ON THE
NORTH SIDE OF OCOEE CROWN POINT PARKWAY,
WEST OF ITS INTERSECTION WITH OCOEE APOPKA
ROAD PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee,Florida, as hereinafter described,has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property from Ocoee R-3, "Multi-Family Dwelling" to Ocoee "PUD", Planned Unit
Development District(the"Zoning"); and
WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of
Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and
determined that the Zoning requested by the Owner is consistent with the City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended(the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement which has been amended from time to time (the "JPA
Agreement") and
WHEREAS, the JPA Agreement affects the future land use of the real property
hereinafter described; and
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the
City has the authority to establish zoning for the real property hereinafter described and to
immediately exercise municipal jurisdiction over said real property for the purposes of Part II of
Chapter 163,Florida Statutes; and
WHEREAS, the Zoning was scheduled for study and recommendation and was
reviewed by the Planning and Zoning Commission of the City of Ocoee ("PZC"); and
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA
Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and
the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City
Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive
Plan and the JPA Agreement; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Amendment; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission
in accordance with the procedures set forth in Section 166.041(3),Florida Statutes.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166,Florida Statutes.
SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee
City Code, of the following described parcel of land containing approximately 18.3 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-3,
"Multi-Family Dwelling" to Ocoee "PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the"Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit"B" and by this reference is made a part hereof.
SECTION 4. Land Use Plan. The following Land Use Plan for the Property
is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land
Development Code set forth thereon:
That certain PUD Land Use Plan for Towns of Westyn Bay
Planned Development prepared by Daly Design Group, Inc. date
006.299931.1 -2-
stamped received by the City on _, 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 5. Official 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
Zoning 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.
SECTION 6. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA
Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8. 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 9. Effective Date. This Ordinance shall become effective upon
passage and adoption.
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Jean Grafton,City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED ,2003
READ FIRST TIME ,2003
READ SECOND TIME AND ADOPTED
,2003
UNDER AGENDA ITEM NO.
006.299931.1 -3-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 2003.
FOLEY&LARDNER
By:
City Attorney
006.299931.1 -4-
EXHIBIT "A"
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OFTHE NORTHWEST 1/4 OF SECTION 6,
TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE RUN S86°38'40"W ALONG THE
SOUTH LINE OF SAID NORTHWEST 1/4, 649.91 FEET TO A POINT ON THE WESTERLY
RIGHT OF WAY LINE OF COUNTY ROAD 437; THENCE RUN N28°17'18"E ALONG
SAID WESTERLY RIGHT OF WAY LINE, 450.77 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE N28°17'18"E, 363.58 FEET; THENCE DEPARTING SAID RIGHT-OF-
WAY LINE RUN S87°28'23"W, FOR A DISTANCE OF 359.74 FEET; THENCE RUN
N01°22'08"E, 585.48 FEET; THENCE RUN S87°28'22"W, 764.56 FEET; THENCE RUN
S02°31'38"E, 44.46 FEET; THENCE RUN S21°52'34"W, 402.58 FEET; THENCE RUN
S47°29'33"W, FOR A DISTANCE OF 226.67 FEET; THENCE RUN S35°09'18"E, 255.37
FEET; THENCE RUN S77°05'10"E, 124.78 FEET TO A POINT ON A NON-TANGENT
CURVE CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG SAID CURVE
HAVING A RADIUS OF 760.00 FEET, A CENTRAL ANGLE OF 39°33'43", AND ARC
LENGTH OF 524.77 FEET, A CHORD BEARING OF N85°30'02"E AND A CHORD
LENGTH OF 514.41 FEET; THENCE RUN S74°43'06"E, 428.51 FEET TO A CURVE
CONCAVE TO THE NORTH; THENCE RUN NORTH-EASTERLY ALONG SAID CURVE
HAVING A CENTRAL ANGLE OF 76°59'36", A RADIUS OF 50.00 FEET, AN ARC
LENGTH OF 67.19 FEET, A CHORD BEARING OF N66°47'06"E AND A CHORD
DISTANCE OF 62.25 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 18.336 ACRES MORE OR
LESS.
006.299931.1 -5-
EXHIBIT "B"
Location Map
Towns of Westyn Bay
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006.299931.1 -6-
EXHIBIT "C"
To Be Inserted:
Land Use Plan
006.299931.1 -7-