Item #04 Approval of Eagle Creek of Ocoee
Meeting Date: October 21,2008
Item # ~
Contact Name:
Contact Number:
Bobby Howell, MPA ~K
407 -905-3100, Ext. 1044
Reviewed By:
Department Director:
Development
Services Director:
City Manager:
Subject: Eagle Creek of Ocoee
PUD Rezoning I land Use Plan
Project # RZ-06-08-05
Commission District # 1 - Gary Hood
ISSUE:
Should the Honorable Mayor and City Commissioners approve a PUD Rezoning Ordinance and PUD Land Use
Plan for Eagle Creek of Ocoee?
BACKGROUND SUMMARY:
The subject property is located on the southeast corner of the intersection of Ocoee-Apopka Road and Fullers
Cross Road. It is approximately 97.90 acres in size, and is currently vacant except for several abandoned
agricultural structures. The property was annexed into the City in 1999 with an Annexation Agreement, and
rezoned to R-1AA (Single-Family Dwelling). The applicant is proposing to rezone the property from R-1AA to
Planned Unit Development (PUD) for the purpose of developing a residential community that combines
townhomes and single-family detached homes in a Traditional Neighborhood Design that cannot be accomplished
via the requirements of the Land Development Code. The table below references the future land uses, zoning
classifications and existing land uses of the surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Commercial, Low PUD-Commercial, Vacant land, Glad Tidings Church
Density Residential Single-Family Dwelling
(R-1A)
East Low Density Residential, Orange County Citrus Scattered areas of Single-Family
C onservation/Flood plains Rural dwellinQs and wetland areas
South C onservation/Floodpla ins Single-Family Dwelling Wetland area that is the site of a future
(R-1AA) City park
West Low Density Residential Orange County Crown Pointe Woods residential
Residential subdivision
DISCUSSION:
The Land Use Plan proposes access to the development at 3 points. One full access point will be provided along
Ocoee-Apopka Road. This access point will lead into a boulevard style entranceway that will terminate at a
roundabout which will provide access into the single-family detached portion of the development. A fountain is
proposed to be provided in the planter provided in the boulevard. The developer has proposed a 240-foot long left
turn lane with a 50-foot taper southbound on Ocoee-Apopka Road to lead into this portion of the development.
Two additional access points are proposed along Fullers Cross Road. A full access is proposed approximately
700-feet east of the intersection of Fullers Cross Road and Ocoee-Apopka Road. This access point will lead into a
boulevard style entranceway that will terminate at a roundabout which will provide access into the townhome
portion of the development. This driveway lines up with the shared access drive leading into the Glad Tidings
Church and the City owned property on the north side of Fullers Cross Road. The developer has proposed a 185-
foot long left turn lane with a 50-foot taper westbound on Fullers Cross Road to lead into the full access point.
The second access point on Fullers Cross Road that is proposed is a right-in/right-out approximately 450-feet east
of the full access point. This access point will also lead into the town home portion of the development, and will
continue south into the single-family detached portion of the development. Additionally, the developer has
proposed an off-site 205-foot right turn lane with a 50-foot taper leading from Fullers Cross Road to Lakewood
Avenue. The developer has proposed an interior roadway network that will be comprised of roundabouts and a
boulevard style roadway in the center of the site. The townhome units in addition to many of the lots in the single-
family detached portions of the development are proposed to be accessed via alleyways.
The Land Use Plan proposes 245 total units on 66.19 acres of the property for a net density of 2.5 units per acre,
which is lower than what is permissible under the current zoning and future land use designations. Of the 245 total
units, 80 are proposed for town homes, and 165 are proposed for single-family detached units. The development is
proposed to be developed in up to 4 phases.
The town home units are proposed to have a minimum lot area of 2,460 square feet, and be two story units.
Parking in the townhome area will be provided in garages in each unit and in surface lots. The town home units are
proposed to be alley loaded to achieve a neo-traditional design as is seen in communities such as Baldwin Park
and Celebration. A minimum of a 5-foot front yard setback and a 20-foot rear yard setback abutting the alleyway
are proposed. The Land Use Plan proposes 4 different types of lot styles for the single-family detached units that
include: Estate, Manor, Village, and Cottage.
Twelve of the 165 single-family detached units are proposed to be Estate lots. The Land Use Plan proposes a
minimum lot size of 10,000 square feet for this lot type, with a typical living area of 3,600 square feet. The Estate
lots are proposed along the eastern portion of the development, with the rear of each lot abutting a proposed open
space area and trail system. A minimum of a 20-foot front yard setback, 7.5-foot side yard setback, and a 20-foot
rear yard setback are proposed for this lot type.
Twenty-seven of the 165 single-family detached units are proposed to be Manor lots. The Land Use Plan proposes
a minimum lot size of 10,000 square feet for this lot type, with a typical living area of 3,000 square feet. The Manor
lots are proposed along the eastern and southern portions of the development. A minimum of a 20-foot front yard
setback, 7.5-foot side yard setback, and a 20-foot rear yard setback are proposed for this lot type.
Thirty-one of the 165 single-family detached units are proposed to be Village lots. The Land Use Plan proposes a
minimum lot size of 8,000 square feet for this lot type, with a typical living area of 2,500 square feet. This lot type
will be primarily concentrated in the central portion of the development. Many of the units provided in this lot type
are proposed to be alley load oriented, with detached garages to achieve a neo-traditional design. A minimum of a
15-foot front yard setback, 5-foot side yard setback, and 20-foot rear setback are proposed.
Ninety-five of the 165 single-family detached units are proposed to be Cottage lots. The Land Use Plan proposes a
minimum lot size of 4,600 square feet, with a typical living area of 1,960 square feet. Like the Village lot type, the
Cottage lot type will be primarily concentrated in the central portion of the development. Many of the units provided
in this lot type are proposed to be alley load oriented, with a minimum of a 5-foot front yard setback proposed. A
minimum of a 5-foot side yard setback and 20-foot rear setback are proposed.
The developer has proposed on-site amenities that will be constructed during various phases of development. The
main on-site amenity that will be constructed is a clubhouse and community pool. This is proposed to be
constructed in the central portion of the development concurrent with the first phase of construction. In addition to
the clubhouse, a tot lot will be constructed adjacent to the clubhouse. A gazebo is proposed for construction in the
park area of the town home portion of the development.
2
At the southern edge of the property adjacent to the south end of the stormwater pond, a fishing dock is proposed
for construction. A jogging trail is proposed that will wind through the conservation/open space area that will be
provided along the eastern portion of the property. Of the 97.90 total acres, approximately 31.71 acres are planned
to be reserved for either open space or park area.
The additional roadway improvements are necessary beyond those proposed by the developer in order to satisfy
State mandated traffic concurrency requirements. The surrounding roadway networks are over capacity, and as a
result the development has been determined not to be concurrent. The additional traffic mitigation roadway
improvements identified by the developer include two turn lanes on Ocoee-Apopka Road that include a
southbound left turn lane leading east onto Fullers Cross Road, and a northbound right turn lane leading east onto
Fullers Cross Road. These turn lane have been estimated to cost $225,000. In addition to the necessary turn
lanes, staff believes that the right turn lane at Lakewood Avenue is unnecessary. According to the developer, this
improvement is estimated to cost $75,000. Since the developer has agreed to dedicate 20-feet of additional right-
of-way beyond what is required per the existing 1999 Annexation Agreement, a $50,000 traffic mitigation credit
has been proposed by staff. Based on this, it is staff's opinion that the $250,000 traffic concurrency mitigation
contribution will help pay for the intersection improvements that will be necessary as a result of the impacts
generated by the proposed development at Ocoee-Apopka Road and Fullers Cross Road.
Staff has estimated the cost of the total required upgrades to the intersection at $500,000. The proposed upgrades
will include left turn lanes on all four legs of the intersection and a traffic signal upgrade. If Eagle Creek does not
commence construction within 3 years of the effective date of the Development Agreement, the developer will be
required to make a cash contribution to the City in the amount of $250,000 to allow the City to undertake the I
required improvements. If the project commences construction within 3 years of the effective date of the
Development Agreement, said improvements must be constructed by the developer. The City will reimburse the
developer for the developer's actual construction costs in excess of $250,000 in the form of transportation impact
fee credits for the above mentioned transportation upgrades.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on June 11, 2008 and reviewed the PUD Land Use
Plan/Rezoning request. The applicant was notified of several outstanding items on the PUD Land Use Plan that
needed to be resolved prior to the item being scheduled for City Commission. The Public Works Department
indicated that City garbage trucks will need two-way access in the proposed alleyways for safety purposes.
The Legal Department indicated that a Sewer Refunding Agreement is necessary since no sewer service can
currently be provided to the property. The Legal Department recommended that a Condition of Approval be
added to the Development Agreement that requires this agreement be in place prior to the approval of a
Preliminary/Final Subdivision Plan.
The Planning Department requested removal of the neighborhood access gate leading south into the proposed
City Park since the neighborhood streets will be public. Additionally, it was conveyed to the applicant that right-
of-way corner clips should be added to the Land Use Plan at the intersection of Fullers Cross Road, and Ocoee-
Apopka Road, and at the intersection of the proposed access point along Ocoee-Apopka Road and Ocoee-
Apopka Road. The Planning Department indicated that the Development Agreement should reflect these right-
of-way dedications. The Planning Department recommended a minimum of a 1 0-15-foot front yard setback for all
lot styles in the development, and requested an additional meeting with the developer to discuss the outstanding
issues related to the project and the Development Agreement prior to the project being presented to the City
Commission.
No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the PUD
Rezoning / Land Use Plan for Eagle Creek of Ocoee subject to the above requested changes and any requested
changes per the requested follow-up meeting being incorporated into the PUD Land Use Plan and/or
Development Agreement prior to the item being presented to the City Commission for approval.
3
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on August 12, 2008 to consider the proposed PUD Rezoning / Land Use
Plan for Eagle Creek of Ocoee. Following the deliberations, the members of the Planning & Zoning Commission
voted unanimously (5-0) to recommend approval of the PUD Rezoning / Land Use Plan for Eagle Creek of Ocoee,
subject to the satisfaction of all outstanding staff comments being incorporated into the PUD Land Use Plan and/or
Development Agreement prior to City Commission action.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt a PUD Rezoning Ordinance and
approve a PUD Land Use Plan for Eagle Creek of Ocoee subject to the execution of a Development Agreement.
ATTACHMENTS:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
PUD Ordinance
Development Agreement
Eagle Creek of Ocoee PUD Land Use Plan
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
Consent Agenda
_ Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
4
The Development Agreement will be submitted to the City Commission for approval at
the October 21 City Commission meeting.
Eagle Creek
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ORDINANCE NO.
(Rezoning Ordinance for Eagle Creek of Ocoee)
TAX PARCEL ID #s 07-22-28-0000-00-001;
CASE NO. RZ-06-08-05: Eagle Creek of Ocoee
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R-IAA, "SINGLE
FAMILY DWELLING," TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 97.90 ACRES LOCATED EAST OF AND ADJACENT
TO OCOEE-APOPKA ROAD AND SOUTH OF AND ADJACENT TO
FULLERS CROSS ROAD AT THE SOUTHEAST QUADRANT OF THE
INTERSECTION OF OCOEE-APOPKA ROAD AND FULLERS CROSS
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 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 97.90 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee R-l AA, "Single Family Dwelling;" 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, the Rezoning requested by the Applicant is consistent with the Joint
Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City of Ocoee, as amended (the "JP A Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
ORLA_1116285.1
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes; 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 August 12, 2008, 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
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 , 2008 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 97.90 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-l AA,
"Single Family Dwelling;" to Ocoee PUD "Planned Unit Development;"
SECTION 3. MAP. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit" B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
lP A Agreement.
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 (0) of Article V of Chapter
180 of the Ocoee City Code.
2
ORLA_1116285.1
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 take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF ,2008
ADVERTISED , 2008
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
,2008 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_1116285.1
EXHIBIT "A"
DESCRIPTION
That portion of Section 7, Township 22 South. Range 28 East, Orange County. Florida described
as follows:
Commence at the North 1/4 corner of aforesaid Section 7; thence South 01'22'35" West
along the West line of the Northeast 1/4 of Section 7 for 30.01 feet to the South line of the North
30.00 feet of Section 7 and the southerly right-of-way line of Fullers Cross Roae os shown on
Orange County Sand Project Book Number 5. sheets 5 and 6; thence South 89'50'45" East
along said South line and southerly right-of-way line for 1280.94 feet to the East line of the West
1/2 of the Northeast 1/4 of aforesaid SectIon 7; thence South 0'45' 45" West along saId East
line for 24.31.28 feet to the East-West center section line; thence South 87'15'02" West along
said center section line for 1359.97 feet to the easterly right-of-way line of Ocoee Apopka Rood
(formerly State Rood No. 4.37) os shown in Road Plat Book 1, Pages 119 through 126 of the
Public Records of Orange County, Florida: thence along said easterly right-of-way line the
following courses; run North 16'17'16" West for 627.90 feet; thence North 16"00'04"
West for 1000.00 feet; thence North 15"24'56" West for 407.21 feet; thence North
07'30'17" West for 5'~8.37 feet to the South line of the North 30.00 feet of aforesaid Section
7 and the southerly ric;ht-of-way line of Fullers Cross Road; thence South 89'57'53" East
along said South line and southerly right-of-way line for 741.45 feet to the Point of Beginning.
Containing 97.93 acres, more or less.
4
ORLA_1116285.1
EXHIBIT "B"
Eagle Creek
Location Map
e
ORLA_1116285.1
5
Copy of Legal Advertisement
Date Published
Orlando Sentinel
WEDNESDAY,OOOBER 8.2008 G3
Advertisement
CITY OF OCOEE
NonCE OF PUBUC HEAlIING
EAGLE NNED UNIT
OEm REZONING
R -05 i
~~~~tE i~ ~m~l~ ~~E~~c~~~ I
S-9 E(21 of the Land Devel-
opment Code. that on TUES-
DAY. OCTOBER 21. 2008 at 7:15,
P.M. ot as soon thereafter "as
practical, the OCOEE CITY
COMMISSION will hold 0 PUB'
LIC HEARING at the City of
Ocoee. Commission Cham.
bers, lS0 North Lakeshare
Drive, Ocoee, Florida, to,
consider on ordinance re.
zoning property located. on
the south side of Fullers
Cross Rood anct east of
Ocoee Apapka Rood', to
Planned Unit Development
(PUDI. including approval
of (1 Land Use Plan provid-
ing 245 residential units on
97,90 acres. The parcei iden-
tification number is 07-22-28-
! 0000-00-001.
I
I AN ORDINANCE OF THE CITY OF
10COEE. FlORIOA; CHANGING THE
ZONING ClASSIACATION FROM
',OCOEE R-1AA. 'SINGLE FAMILY
OWELlING,' TO OCOEE PUD.
i'PLANNED UNIT OEVELOPMENT:
,ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATEty !
,9 OCATEO EAST OF
A TO OCOEE.APOP-
OF AND
SS
O.
OF
LL.
i
.~
Interested portjes may op.
pear at the public hearing
and be heard with respect
to the proposed actions.
The, complete- case file mcy
be Inspected at the Ocoee
Planning Deportmentlocot. 1
ed at lS0 North Lakeshare 0
Drive, Ocaee, Florida be- t
, tween the hours of 8:00 a,m, i
and 5:00 p,.m.. Monday r
I through Friday, except le- e
gal holidays~ il
I The, City Commission' ";ay f
continue the public ,hearings 't'
, to other dotes and'tlmes, os >
It deems necessary . Any in- E
t~rested porly sholl be ad- I
vised of the dates, times, C
c.nd places of any continua-
tion of these or continued I
public hearings..Anycontln- r
uances shall be announced 1
during these hearings and 1-
no further notices regarding (
trese matters will be pub-
IlShed.' ,
You are 'advised that any
person who desires to.op-
peal any decision made at
the public hearings will
need a record of the pro-
ceedings and for. this pur.
pose may need to ensure
'that 0 verbatim record of
; the proceedings i"s made
'which includes the lestima-
. ny and. evidence upon which
the appeal is based.
Persons with disabilities
needing ass,istance to par-
ticipate in any' of these pro-
ceedings should contact the
City Cierk's Office 411 hours
In advance of the meeting
at 407-90S-310S.
I' Beth Eikenberry, Citv Clerk
WednesdaY, October a, 2008
C DR8S0339 10/8
URn,.!: ns: UHTJNG