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Item #08 a.b. Spring Lake Reserve - Rezoning to PUD Ordinance and Land Use PlanI q am k Z., /,*w AGENDA ITEM STAFF REPORT Meeting Date: February 4, 2014 Item # P - o Department Director: City Manager: ;,,� °,,.�_ Contact Name: Contact Number: J. Antonio Fabre, AICP 407 - 905 - 3100/1019 Reviewed By: Subject: Spring Lake Reserve PUD Rezoning Ordinance / Land Use Plan - Project # RZ- 13 -11 -09 Commission District # 2 — Rosemary Wllsen Background /Summary The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands and 25.65 acres are wetlands /surface water. The subject site is comprised by two (2) parcels identified as Parcel ID numbers 09- 22 -28- 0000 -00 -038 and 09- 22 -28- 0000 -00 -001. The subject property has a physical address of 1811 A.D. Mims Road. The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the surrounding parcels: DIRECTION: JPA FUTURE LAND USE / JURISDICTION EXISTING LAND USE / ZONING North Recreation & Open Space / Cite of Ocoee .lim Beech Recreation Center / "City Park" East High Density Residential / City of Ocoec SFR(s) (Retlections Subdivision) South Conservation - Floodplains / Cite of Ocoee Spring Lake West Low Density Residential / Orange County Vacant. Undeveloped The subject site is currently undeveloped with a variety of trees, wetlands and 100 -year floodplain areas. The Future Land Use designation for the subject site is "High Density Residential" which allows up to 16 dwelling units per acre. To the south there is a "Conservation /Floodplains" future land use designation that is associated with the Spring Lake basin. The rezoning would be from "R -3" (Multiple - Family Dwelling) to "PUD" (Planned Unit Development) with a corresponding Land Use Plan (LUP). The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single - family detached residential lots with a requested net density of 5.59 units per acre, which does not exceed the underlying land use maximum density allowed. The PUD is proposed to have a neo- traditional neighborhood design concept similar to The Villages of Wesmere. These include on- street parallel parking, park muse, reduced setback requirements and residential lots with rear loading alleys. The alleyways are proposed to be contained within 30 feet wide tracts that will be owned and maintained by the homeowners association. The other residential streets (50' wide) are planned to be designated as public right -of -ways. The residential lots will be approximately (16) 50 feet by 110 feet and (83) 33.7 feet by 78 feet. The PUD has a minimum living area set at 1,500 square feet. The development is proposed to be developed in one (1) phase. As shown on the Plan, the subject subdivision will only have one main access from AD Mims Road with a designated left -turn lane to be constructed by the developer. This main entrance will be aligned with the existing Beech Recreation Center access across the street. In addition, there is a proposed internal street stub -out for the potential future cross - access of the property to the west. The Plan also shows a 6 -foot high privacy wall with landscaping will be installed along AD Mims Road. Columns and decorative railings are proposed along the open space portions of the site. Along the east and west portion of the site there will be PVC privacy fences and appropriate landscaping. Consistent with City policies, the 100 -year flood plains will not be disturbed. Approximately 6.01 acres of wetlands will not be developed and will be designated as conservation areas. It should be mentioned, that there is a small wetland area (.24 acre) that is programed to be disturbed. The Applicant has proposed an onsite mitigation program which includes providing additional "Protected Buffer Areas" (1.52 acre). There is one (1) waiver from the Land Development Code that is currently requested. The Applicant has requested a two (2) trees per lot requirement on the residential lots that are 337 wide instead of the typical three (3) trees per lot requirements. Staff supports this request because the size of these lots makes it impractical for three trees to properly fit and grow. The Applicant has also proposed to account for the third trees in common area tracts as mitigation. School capacity for the subject development has been determined to be available by Orange County Public Schools. The City's Transportation Planners (Renaissance Planning Group) have agreed with the conclusion that the proposed development will not adversely impact the City of Ocoee's roadway network or intersections. Water & wastewater, reclaimed water, solid waste, police and fire protection will all be provided by City of Ocoee. Issue Should the Honorable Mayor and Commissioners approval of the PUD Rezoning Ordinance and Land Use Plan for Spring Lake Reserve? Development Review Committee Recommendation: The Development Review Committee (DRC) met on January 8, 2014, and reviewed the PUD Rezoning and Land Use Plan for Spring Lake Reserve. There was some discussion on the turning movements for fire and solid waste vehicles, alleyways, agreement for Police enforcement on alleyways, housing architecture and overall net density for the project. When the discussion was finished, the DRC voted unanimously to recommend approval of the PUD Rezoning and Land Use Plan, subject to the resolution of the remaining staff comments. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed PUD Rezoning and Land Use Plan for Spring Lake Reserve on January 14, 2014. City Staff presented a brief summary and overview of the requested actions. City Staff answered several questions regarding the site's existing conditions, access into the site, re- planting of trees, preserving existing trees, PVC privacy fencing, and overall buffer requirements. The P &Z Commission suggested that the applicant should provide a trail or boardwalk around the lake area and a flashing light at A.D. Mims Road for people to cross. The P &Z Commission also discussed approval from the St. Johns River Water Management District (SJRWMD) due to the wetlands on the property. Staff stated that initial contact has been made with the SJRWMD by the developer and that the project complies with the City's requirements. Additionally, the SJRWMD does concur with the preliminary environmental report conducted. City Staff also responded that Bio -Tech Consulting provided a report that addressed the wildlife in the area. The results showed that the observed species were not managed species. When the public hearing was opened, residents of neighboring subdivisions and adjacent to Spring Lake raised concerns about the proposed Spring Lake PUD project. Some of these shared concerns and requests from the residents included: • The quality and security of the proposed PVC vinyl fence; • Extending the fence to the entire length of the subdivision on the east side Subdivision's common recreational area); • Preservation of the wildlife in the area; • A fence higher than 6 feet to divide the neighborhoods; • More space between the new development and the Reflections Subdivision; • Encroachment of the wetlands to the floodplains; • Drainage into Spring Lake; • Pollution of Spring Lake; • Increase in the noise level; • Emergency and sanitation vehicles getting through the neighborhood. (abutting the Reflections The applicant addressed the concerns and suggestions by offering the information below. • The proposed rezoning to "PUD" will decrease the density of the development, compared to the current zoning, "R -Y. Additionally, under the "R -Y zoning, the developer has the option to construct three -story buildings; however, the proposed project will only have two -story homes; • A two -day wildlife study was conducted, and it concluded that there are no endangered species inhabiting the area; • The developer is very aware of the wetlands, and is providing buffers as required by the City. • Trees will be planted that are close in grade to the existing trees. The intent is to keep the area green, and to save as many of the existing trees as possible; • Offered to increase the diameter of the trees (4 -inch caliper trees instead of 2 -inch caliper trees) along the PVC vinyl fence adjacent to the internal roadway; • The proposed PVC vinyl fence is beyond what is required by the City; • Offered to extend the fence on the east side of the subdivision (abutting the Reflections Subdivision's common recreational area); • Addressed the concern of emergency and sanitation vehicles travelling in the subdivision through the use of AutoTURN software; some adjustments were made based on the results; • Extensive studies and surveys have found that the development will provide for proper drainage; • Agreed to look into providing a boardwalk or observation deck by the lake; • Offered to look into ways to reinforce the proposed PVC fence and will look into providing an alternatives to the vinyl fence that will work for everyone; • The subdivision will have a Homeowners' Association (HOA) that will maintain the PVC fences. After the public hearing was closed, P &Z Vice - Chairman McKey inquired regarding the drainage of the water entering the lake and wanted to know what would be done to mitigate any issues. City Planner Rumer stated that the City engineer and staff will look into this. He reminded the board that the development will not move forward without first receiving a permit from the SJRWMD. P &Z Member West stated the applicant has addressed many of the residents' concerns. He continued by saying that the development is nice, and will better serve the area than a multi -unit project. P &Z Member Keethler opined that development of the sanctuary -type land may be shocking to the residents; however, the land is private property and will be eventually developed. Additionally, the developer has tried to mitigate many of the residents' concerns as possible. After finishing its deliberations, the Planning & Zoning Commission voted (7 -1) to recommend approval of the Spring Lake Reserve PUD Rezoning/ Land Use Plan. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the City Commission approval of the PUD Rezoning Ordinance and Land Use Plan for Spring Lake Reserve, subject to resolving any remaining outstanding staff comments. Attachments Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map, Aerial Map, Rezoning Ordinance; Proposed Land Use Plan for Spring Lake Reserve PUD stamped dated received by the City on January 8, 2014. Financial Impact None Type of Item : (please mark with an "x') Public Hearing For Clerk's Dept Use: X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. 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(INV I VI IV SMOHMVLH3W ^1051n3tl 31 I yak " a W,m "� mph magi 6` `o o i y Wi N Qe 'w� a g !iz Qz € V r em3 NtlW^4 q'? ��� z4 Alt hyoUa F, cr 3 ' rya ictrm .� I =m ", s sE, ",', i 8 "§ >j�o s ". e t � \Y t1, t 1 � I 3�t I � I I � I � I I � J � I I ORDINANCE NO. (Rezoning Ordinance for Spring Lake Reserve) TAX PARCEL ID #: 09- 22 -28- 0000 -00 -038 09-22-28-0000-00-001 CASE NO. RZ- 13- 11 -09: SPRING LAKE RESERVE AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE R -3, MULTIPLE - FAMILY DWELLING DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 43.21 ACRES LOCATED ON THE SOUTH SIDE OF A.D. MIMS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; 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 43.21 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee R -3, Multiple - Family Dwelling District, 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, 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 .January 14, 2014, 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 ORLA_1281024.1 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 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 43.21 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -3, Multiple - Family Dwelling District District, to Ocoee PUD, "Planned Unit Development." A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. LAND USE PLAN The following Land Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon: That certain Land Use Plan for Spring Lake Reserve PUD prepared by IBI Group (Florida) Inc., date stamped received by the City on December 13, 2013, 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 4. COMPREHENSIVE PLAN The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. 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(G) of Article V of Chapter 180 of the Ocoee City Code. 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 become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of ATTEST: Beth Eikenberry, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of 20 . SHUFFIELD LOWMAN & WILSON P.A. By: City Attorney (SEAL) 20 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED 1 20 READ FIRST TIME 20 READ SECOND TIME AND ADOPTED Under Agenda Item No. ,20 EXHIBIT "A" (The "Property ") EXHIBIT "B" [INSERT MAP] EXHIBIT "C" LAND USE PLAN [ATTACH LAND USE PLAN]