HomeMy WebLinkAboutItem 12 Wal-Mart Supercenter Center of Good Liv
AGENDA ITEM COVER SHEET
Meeting Date: July 19, 2005
Item# is a . b
Reviewed By:
Contact Name: Catherine Armstrong Department Director: ,_
Contact Number: 905-3100 X1020 City Manager: 0"
Subject: Agreement for Modification of Wal-mart Master Signage Plan and amendment to the Preliminary
and Final Subdivision Plan for Wal-mart.
Background Summary:
The original approval of the Wal-mart Supercenter provided for development restrictions relative to signage
whereas each out parcel is limited to 100 square feet for signage. If the outparcel includes a monument
sign, the maximum copy area permitted is 36 square feet and that is subtracted from the overall 100
square feet. The Preliminary and Final Subdivision Plans will need to be amended due to Condition of
Approval # 18 which required all outparcels to conform to the Wal-mart signage standards. The
Agreement for Modification of the Wal-mart Master Signage Plan will allow the tenant spaces within Lot 5
to be subject to the Land Development Code in regards to signage standards. Due to the amount of
tenant spaces within Lot 5, staff supports the signage modification.
Issue:
Should the Honorable Mayor and City Commissioners approve the Agreement for Modification of the Wal-
mart Master Signage Plan and the amendment to the Preliminary and Final Subdivision Plan for Wal-mart?
Recommendations:
Staff respectfully recommends that the Mayor and City Commissioners approve the Agreement for
Modification of the Wal-mart Master Signage Plan and the amendment to the Preliminary and Final
Subdivision Plan for Wal-mart.
Attachments:
Location Map and Signage Modification Agreement
Financial Impact:
Unknown
Type of Item:
® Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
O Ordinance First Reading 0 Public Hearing
O Resolution 0 Regular Agenda
O 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 0 N/A
Reviewed by Finance Dept. ® N/A
Reviewed by ( ) 0 N/A
Mayor Ce tex of Good Li'''.
t Commissioners
S. Scott Vandergrift -..-1.41'�-,. ;" Danny Howell, District 1
Scott Anderson, District 2
City Manager _ Rusty Johnson, District 3
--Robert Frank Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Catherine Armstrong, Planning Manager
THROUGH: Russ Wagner, AICP, Community Development Director
DATE: July 7, 2005
RE: Ocoee Commons, Lot 5
Amendment to the Walmart Preliminary/Final Subdivision Plans and Agreement for
modification of the Wal-mart Master Signage Plan
ISSUE:
Should the City Commission recommend approval for the amendment to the Walmart Preliminary/Final
Subdivision Plans and Agreement for modification of the Wal-mart Master Signage Plan?
BACKGROUND/DISCUSSION:
The original approval of the Wal-mart Supercenter provided for development restrictions relative to
signage whereas each out parcel is limited to 100 square feet for signage. If the outparcel includes a
monument sign, the maximum copy area permitted is 36 square feet and that is subtracted from the
overall 100 square feet.
When the Preliminary and Final Subdivision Plans were approved for the Wal-mart Supercenter,
Condition #18 specified that "all outparcel users will conform to the master architectural, signage,
lighting and landscape plan prepared by Wal-mart." By virtue of this Condition of Approval, the
subdivision plans will need to be amended to show that Lot 5 will not be governed by the Wal-mart
Master Signage Agreement, however will be subject to the signage standards included in Section 6-14,
Land Development Code. This can be accomplished by affixing a sticker to the front of both the
Preliminary and Final Subdivision Plan showing the change.
The Agreement for Modification of Wal-mart Master Signage Plan prepared for Lot 5 will allow the
property to be subject to the signage requirements of the Land Development Code. Because of the
amount of tenant spaces provided within Lot 5, staff supports the modification. If this change is granted,
Lot 5 could theoretically have signage totaling 222 square feet versus the 100 square feet currently
permitted on Wal-mart outparcels. These wall signs would range from 25 square feet to 36 square feet.
Without the modification, the wall sign sizes for each tenant space would be 10.66 square feet each.
The monument sign size would not change (36 square feet maximum), however it would not be
subtracted from the square footage of the tenant wall signs.
It should be noted that the City Commission has previously approved modifications to the master
signage agreement for two of the Wal-mart outparcels.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commission approved the Agreement for
Modification of the Wal-mart Master Signage Plan in addition to amending the Preliminary and Final
Subdivision Plan.
Attachments: Location Map
Signage Modification Agreement
O:\Staff Reports\2005\SR05037_CA_Walmart_Lot5_master signage_agreement.doc
Walmart Ocoee Commerce Center, Lot 5
Location Map
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This instrument prepared by:
Blair M. Johnson
P.O. Box 770496
Winter Garden, Florida 34777-0496
After recording please return to:
Beth Eikenberry, City Clerk
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
AGREEMENT FOR MODIFICATION
OF WAL-MART MASTER SIGNAGE PLAN
_THIS AGREEMENT FOR MODIFICATION OF WAL-MART MASTER SIGNAGE PLAN
(this "Agreement") is made and entered into this day of , 2005,
by and between WAL-MART STORES EAST, INC. an Arkansas corporation whose
mailing address is 2001 S.E. 10th Street, Bentonville, Arkansas 72712-6489, Attention:
Jamie Hutcheson (hereinafter referred to as "Wal-Mart"), MGF DEVELOPMENT, LLC,
A Florida limited liability company (hereinafter referred to as "MGF"), whose mailing
address is 13549 MAGNOLIA PARK COURT, WINDERMERE FL 34786 and the CITY
OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, Attention Manager (hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, Wal-Mart owns fee simple title to certain lands located in Orange
County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands
being more particularly described as foliows (the "Wal-Mart Property"):
LOT 5, WALMART AT OCOEE, AS PER THE PLAT THEREOF,
RECORDED IN PLAT BOOK 48, PAGE 122, 123, AND 124, OF THE
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA,TOGETHER WITH
THE NON-EXCLUSIVE EASEMENT RIGHTS AS SET FORTH IN THAT
CERTAIN DECLARATION OF EASEMENTS, COVENANTS AND
RESTRICTIONS RECORDED OCTOBER 11, 2001 IN OFFICIAL
RECORDS BOOK 6367, PAGE 7573, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
WHEREAS, Wal-Mart has sold to MGF that certain outparcel more particularly
described as follows (Lot 5):
Lot 5 as platted on that certain Plat of Wal-Mart at Ocoee
as recorded in Plat Boo48, Page 122, Public Records of
Orange County, Florida
WHEREAS, MGF has constructed a 12,000 square foot multi-tenant commercial
building on Lot 5; and
WHEREAS, the City has previously approved development plans for the Wal-
Mart Property for the development of a Wal-Mart Supercenter on Lot 1, various
commercial uses on Lots 2, 3, 4 and office uses on Lots 5 and 6; and,
WHEREAS, as part of the development approval process the City approved a
Master Signage Plan (hereinafter the "Master Signage Plan") a reduced copy of which
is attached hereto as Exhibit "A" and which is incorporated herein by this reference;
and,
WHEREAS, the Master Signage Plan, among other things, states, "100 SF.
TOTAL SIGNAGE FOR EACH OUTPARCEL;" and,
WHEREAS, upon application by Wal-Mart and MGF, the City Commission has
determined that a limitation of 100 square foot total signage is not commercially feasible
for the type of multi-tenant commercial building which MGF has developed on Lot 5 and
that the sign regulations set forth in the Ocoee Land Development Code which would
be applicable to Lot 5 absent the Master Signage Plan are more appropriate for such
a multi-tenant building as proposed by MGF.
NOW THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which being hereby acknowledge
by each party hereto, the parties hereby agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are
incorporated herein by this reference.
Section 2. Amendment of Master Signage Plan. The approved Master
Signage Plan is hereby amended by adding the following language:
NOTWITHSTANDING THE 100 SF TOTAL SIGNAGE LIMITATION
FOR EACH OUTPARCEL, IF LOT 5 IS DEVELOPED ASA MULTI-
TENANT COMMERCIAL PROPERTY IN ACCORDANCE WITH
THE PLANS SUBMITTED BY MGF TO THE CITY THEN THE
TOTAL SIGNAGE LIMITATION FOR LOT 5 SHALL BE AS
PROVIDED IN THE OCOEE LAND DEVELOPMENT CODE. THIS
PROVISO IS LIMITED TO LOT 5 AND DOES NOT OTHERWISE
AFFECT THE PROVISIONS OF THIS MASTER SIGNAGE PLAN.
Section 3. Notation on Master Signage Plan. A sticker noting the above
change shall be adhered to the Master Signage Plan and any other
plan page which references the 100 square foot total signage
limitation for outparcels.
Section 4. Balance of Master Signage Plan Unaffected. The balance of the
Master Signage Plan shall be unaffected by this Agreement.
Section 5. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but
all of which together shall constitute one and the same instrument.
Section 6. Recording. At the City's option, a copy of this Agreement may be
recorded by the City among the official land records of Orange
County, Florida at Wal-Mart's expense.
Section 7. Effective Date. This Agreement shall become effective the day and
year first written above so long as the purpose and intent of this
Agreement can still be achieved.
IN WITNESS WHEREOF, Wal-Mart, MGF and the City have caused this
instrument to be executed by their duly authorized officers as of the day and year first
above written.
Signed, sealed and delivered WAL-MART
in the presence of WAL-MART STORES EAST, INC.
Pri NJ.e: / Print \ -me: _T,56,./ 'Thom/SO/el
Koji- 8 J6
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Print Name: i Print Title:
AP
Pro as to legal terms only
STATE OF WAL-MART LEGAL DEPT.
•
COUNTY OF Date: - )--770 S
I HEREBY CERTIFY that on this day, before me, an officer duly authorizeiol in the
State and County afor- aid t. take acknowledges, personally appeared Je Thax.003o h/
as the . `i_,, • al-Mart Stores East, Inc., an Arkansas
corporation, who is personally own to � e or who produced
as identification, and that he/she acknowledged executing the same on behalf of
said corporation in the presence of two subscribing witnesses, freely and voluntarily,
for the uses and purposed expressed therein.
WITNESS my hand and official seal in the County and State aforesaid this
day of y . /1.,e_ 43 , 2005.
sA/4zrilf.D/),tzf.:6
gnature of Notary
1. .0,a_ri'-e, 6. al..17(\Jail/
Print name Notary
Commission Number (if not legible on seal):
My commissio - . •' - _ ' - • 'seal):
" NOTA-`rS Public
Laurie G.Miller,Notary
Benton County,State 6jA _
Signed, sealed and delivered My Commission Expires
1512010
in the presence of MGF DEVELOPMENT, LLC, A Florida
limited liability co pany
91--x\->.--r-e -‘). (--- 1/4-c\I -ex- ., -)- takti
int Nan'ie: Sal Maiwandi
� I I
Managing Member
1,I 4' . ' _ . 9 9
Print N. me: Print Title:
431.P�°0 DENYSE P.DEMNER
STATE OF FLORIDA * >�.,- * MYCOMMISSION DD312519
IN EXPIRES:August 22,2008
+r iw n cfP' Bonded Thru Budget Notary Services
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledges, personally appeared Sal Maiwandi
as the Managing Member, of MGF DEVELOPMENT, LLC, A Florida limited Iia ilit
company , who is personally known to me or who produced ISL (7L* mO -453o7f 70
as identification, and that he acknowledged executing the same on behalf of said
company in the presence of two subscribing witnesses, freely and voluntarily, for the
uses and purposed expressed therein.
rc�
WITNESS my hand and official seal in the County and State aforesaid this
day of 1vL.`(-\� , 2005.
, .J
ViAria of tary
4 S n11N-2A1
Print nam otary
aor�Y?u�•� DENYSE P.DEMNER
MY COMMISSION f DO 312519
EXPIRES:August 22,2008
''N.0,71.0,
' .0,71.0, Bonded Thru Budget Notary Services
Commission Number (if not legible on seal):
My commission expires (if not legible on seal):
Signed, sealed, delivered CITY:
in the presence of CITY OF OCOEE, FLORIDA
By:
Print Name: S. Scott Vandergrift, Mayor
Attest:
Print Name: Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD
Approved as to form and legality this ON , 2005 UNDER
day of , 2005 AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and JEAN GRAFTON, personally known by me to be the Mayor and
City Clerk if the CITY OF OCOEE, FLORIDA, respectively, and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely
and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the Count and State aforesaid this
day of , 2005.
Signature of Notary
Printed name Notary
Commission Number (if not legible on seal):
My commission expires (if not legible on seal):
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