Item #08 Second Reading of Ordinance for Oak Trail Reserve Planned Unit Development (PUD) - Substantial Amendment to the Approved PUD Land Use Plan (LUP), Project # RZ-16-07-04 ocoe
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 20, 2016
Item # -�
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Oak Trail Reserve PUD (Planned Unit Development)
Substantial Amendment to the Approved PUD Land Use Plan
Project No(s): RZ-16-07-04
Commission District#4 -Joel Keller
Background Summary:
Oak Trail Reserve PUD (Planned Unit Development) is located on the northeast quadrant of the intersection of
Clarke Road and Clarcona-Ocoee Road. The subject property is approximately 38.62 acres in size of which
approximately three (3) acres is designated wetlands. The subject property is currently undeveloped and is
partially covered with trees, mostly on the south side and along the eastern boundary of the property. The
remainder of the site is an open field.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre. On
April 19, 2016, the City Commission reviewed and approved a non-substantial amendment to the PUD/Land
Use Plan for Oak Trail Reserve PUD.
The table below references the future land uses, zoning classifications, and existing land uses of the
surrounding parcels.
Direction JPA Future Land Use/Jurisdiction Zoning Classification Existing Land Use
North Low Density Residential/Orange County "A-1" (Agriculture) SFR(s)
East Low Density Residential/City of Ocoee "R-1AA"single family Vacant(West Orange Trail)
dwelling
South Low Density Residential/City of Ocoee "R-1AA"single family Vacant(West Orange Trail)
dwelling
West Low Density Residential/City of Ocoee "PUD" Planned Unit SFRs(Arden Park North)
Development
DISCUSSION:
The Oak Trail Reserve PUD Land Use Plan, as approved by the City Commission on April 19, 2016, provides
for a 126 lot, gated subdivision, with the residential streets owned and maintained by the homeowner's
association. The residential lot sizes are as follows: 101 units — 50 foot by 120 foot, and 25 units — 40 foot by
110 foot (rear loaded lots). The project, as approved, provides 11.19 acres of open space.
For your consideration is a Substantial Amendment to the Oak Trail Reserve PUD Land Use Plan
(Amendment). The Amendment proposes an increase of lots to 134 lots, distributed as follows: 35 units - 50
foot by 120 foot, 83 units — 40 foot by 120 foot, and 16 units — 40 foot by 110 foot (all front loaded lots). The
substantially amended project provides 12.22 acres of open space.
Issue:
Should the Honorable Mayor and City Commission approve an ordinance for a Substantial Amendment to the
Oak Trail Reserve PUD Land Use Plan to: i) add additional lots to the PUD, ii) increase the number of 40 foot
wide lots, iii) decrease the number of 50 foot wide lots, and increase the open space acreage?
Development Review Recommendation:
The Development Review Committee (DRC) met on August 2, 2016, and reviewed the proposed Substantial
Amendment to the Oak Trail Reserve PUD Land Use Plan. There were technical issues to be addressed based
on changed lot lines. The DRC voted unanimously to recommend the Amendment be brought forward subject
to the resolution of remaining staff comments.
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed Substantial Amendment to the Oak Trail Reserve
PUD Land Use Plan on August 9, 2016. The Planning and Zoning Commission recommended approval of the
Amendment.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve an ordinance for a Substantial
Amendment to the Oak Trail Reserve PUD Land Use Plan.
Attachments:
Ordinance
Map of Property(Exhibit A)
Substantial Amendment to the Oak Trail Reserve PUD Land Use Plan (Exhibit B)
Financial Impact:
None
Type of Item: (please mark with an "x")
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X 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. N/A
Reviewed by 0 N/A
ORDINANCE NO. 2016-
(SUBSTANTIAL AMENDMENT TO OAK TRAIL RESERVE PUD LAND USE PLAN)
TAX PARCEL ID: 04-22-28-0000-00-013
33-21-28-0000-00-021
33-21-28-0000-00-022
CASE NO. RZ-16-07-04: OAK TRAIL RESERVE PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE
OAK TRAIL RESERVE PUD ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 38.62 ACRES LOCATED ON THE
NORTHEAST CORNER OF CLARKE ROAD AND CLARCONA OCOEE
ROAD AND HOBSON ROAD SOUTH OF TROUT LAKE ROAD,
PURSUANT TO AN APPLICATION OF THE PROPERTY OWNER;
AMENDING THE OAK TRAIL RESERVE PUD LAND USE PLAN BY
ADDING ADDITIONAL LOTS TO THE PUD, INCREASING THE
NUMBER OF 40 FOOT WIDE LOTS, DECREASING THE NUMBER OF
50 FOOT WIDE LOTS, AND INCREASING THE OPEN SPACE
ACREAGE; 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 described in Exhibit "A" attached
hereto and by this reference made a part hereof, has petitioned the City Commission of the City
of Ocoee, Florida (the "Ocoee City Commission") to approve a substantial amendment (the
"Amendment") to the Oak Trail Reserve PUD Land Use Plan, as approved by the City
Commission of the City of Ocoee on April 19, 2016 (the "Land Use Plan"); and
WHEREAS, the Amendment proposes to increase the number of total lots from 126 to
134, reduce the number of 50 foot by 120 foot units from 101 to 35, increase the number of 40
foot wide units from 25 units to 99 units, change the 40 foot lots from rear loaded to front loaded
units, and increase open space from 11.19 acres to 12.22 acres within the development; and
WHEREAS, the Amendment was scheduled for study and recommendation and was
reviewed by the Development Review Committee ("DRC") on August 2, 2016; and
WHEREAS,the DRC recommended approval of said Amendment; and
WHEREAS, the Amendment was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee (the "Planning and Zoning
Commission"); and
WHEREAS, on August 9, 2016, the Planning and Zoning Commission held an
advertised public hearing on the Application and recommended approval of the Amendment; and
WHEREAS, on September 20, 2016, the City Commission of the City of Ocoee held a
de novo advertised public hearing with respect to the proposed Amendment and this Ordinance
and determined that the Amendment and this Ordinance are consistent with the City of Ocoee
Comprehensive Plan, as set forth in Ordinance #91-28, adopted September 18, 1991, as
amended; and
WHEREAS, the City Commission of the City of Ocoee considered this Ordinance in
accordance with the procedures set forth in Section 166.041, 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
Chapters 163 and 166, Florida Statutes.
SECTION 2. Amendment to the Land Use Plan. The Amendment to the PUD Land
Use Plan, prepared by IBI Group (Florida) Inc., date stamped received by the City on August 3,
2016, 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 same, is hereby approved, subject to the
Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached
hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan
supersedes and replaces the previously approved Land Use Plan for the Oak Trail Reserve PUD.
All references to the Land Use Plan or the Amended Land Use Plan for the Oak Trail Reserve
PUD shall hereafter refer to the attached Amended Land Use Plan.
SECTION 3. Conditions of Approval. The property described in Exhibit"A" hereto
shall be developed in accordance with and subject to the Conditions of Approval set forth in the
Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any
conflict between the Oak Trail Reserve Land Use Plan referenced in Section 2, above, and the
Conditions of Approval, the Conditions of Approval shall control.
SECTION 4. Ocoee Comprehensive Plan. The City Commission of the City of Ocoee
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
or inconsistent herewith are hereby repealed and rescinded.
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective ten (10) days after
its passage and adoption.
PASSED AND ADOPTED this day of , 2016.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, Acting City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2016,
READ FIRST TIME , 2016.
READ SECOND TIME AND ADOPTED
, 2016.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2016.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
Legal Description
A tract of land lying in Section 33, Township 21 South, Range 28 East, and Section 04, Township 22 South,
Range 28 East, Orange County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the Southeast 1/4 of Section 33, Township 21 South, Range 28
East, Orange County, Florida and run North 00°05'11" East along the West line of the Southeast 1/4 of said
Section 33 for a distance of 594.20 feet; thence North 67°40'37" East, a distance of 32.46 feet to the
POINT OF BEGINNING; thence North 00°05'11" East, a distance of 787.49 feet; thence South 89°39'15"
East, a distance of 1,296.90 feet; thence South 00°10'58" West, a distance of 182.76 feet to a point on a
non-tangent curve concave southeasterly having a tangent bearing of South 44°52'59" West and a radius
of 1,303.24 feet; thence run southwesterly along the arc of said curve through a central angle of 23°45'14"
for a distance of 540.30 feet; thence South 21°07'45" West, a distance of 175.70 feet to a Point of
Curvature of a curve concave northwesterly having a radius of 2,834.79 feet; thence run southwesterly
along the arc of said curve through a central angle of 09°12'52"for a distance of 455.90 feet; thence South
59°39'23" East, a distance of 5.00 feet to a point on a non-tangent curve concave northwesterly having a
tangent bearing of South 30°20'37" West and a radius of 2,839.79 feet; thence run southwesterly along the
arc of said curve through a central angle of 04°12'08" for a distance of 208.28 feet; thence South 34°32'45"
West, a distance of 290.02 feet to the Point of Curvature of a curve concave northwesterly having a radius
of 1,612.02 feet; thence run southwesterly along the arc of said curve through a central angle of 01°21'53"
for a distance of 38.40 feet; thence departing said curve and run South 55°53'39" West, a distance of
209.54 feet; thence North 22°56'36" West, a distance of 507.34 feet to a Point of Curvature of a curve
concave easterly having a radius of 1,000.00 feet; thence run northerly along the arc of said curve through
a central angle of 23°01'47" for a distance of 401.94 feet; thence North 00°05'11" East, a distance of
134.54 feet to the POINT OF BEGINNING.
Containing 33.939 Acres, more or less.
EXHIBIT "B"
LAND USE PLAN
[ATTACH AMENDED LAND USE PLAN]
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COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursday,September 8,2016
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
SUBSTANTIAL AMENDMENT TO THE PUD LAND USE PLAN
OAK TRAIL RESERVE PUD
CASE NUMBER:RZ-16-07-04
NOTICE IS HEREBY GIVEN,pursuant to Section 4-5B,of the City of Ocoee Land
Development Code,that on TUESDAY,SEPTEMBER 20,2016,at 7:15 p.m.or as
soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUB-
LIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore
Drive,Ocoee,Florida,to consider the Substantial Amendment to the PUD Land Use
Plan for Oak Trail Reserve PUD.The property is generally located on the south side
of Clarcona Ocoee Road,east of Clarke Road.The parcel identification numbers are
04-22-28-0000-00-013,33-21-28-0000-00-021 and 33-21-28-0000-00-022.The
proposed amendment is for 134 single family lots on 34 acres.
AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,APPROVING
A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR
THE OAK TRAIL RESERVE PUD ON CERTAIN REAL PROPERTY
CONTAINING APPROXIMATELY 38.62 ACRES LOCATED ON THE
NORTHEAST CORNER OF CLARKE ROAD AND CLARCONA OCOEE
ROAD AND HOBSON ROAD SOUTH OF TROUT LAKE ROAD,PUTt-
SU4NT TO AN APPLICATION OF THE PROPERTY OWNER;AMEND-
ING THE OAK TRAIL RESERVE PUD LAND USE PLAN BY ADDING
ADDITIONAL LOTS TO THE PHD,INCREASING THE NUMBER OF
40 FOOT WIDE LOTS,DECREASING THE NUMBER OF 50 FOOT
WIDE LOTS,AND INCREASING THE OPEN SPACE ACREAGE;RE-
PEALING INCONSISTENT ORDINANCES;PROVIDING FOR SEVER-
ABILITY;PROVIDING FOR AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to the
proposed actions above.The complete case file,including a complete legal descrip-
tion by metes and bounds,maybe inspected at the Ocoee Development Services De-
partment/Planning Division located at 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 City Commission may continue the public hearing to other dates and
times,as it deems necessary. Any interested party shall be advised of the dates,
times,and places of any continuation of these or continued public hearings shall be
announced during the hearings. No further notices regarding these matters will be
published.You are advised that any person who desires to appeal any decision made
at the public hearings 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 these proceedings should contact the City
Clerk's Office 48 hours in advance of the meeting at 407-905-3105.
September 8,2016 16-04223W