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HomeMy WebLinkAboutIII (A) Lake Lotta PUD Vested Rights Certificate - Allocation of vested average daily trips 1 FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 AGENDA 1-26-95 ORLANDO, FLORIDA 32801 ITEM III A TELEPHONE 14071 423-7656 FACSIMILE 1407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS MILWAUKEE. WISCONSIN JACKSONVILLE. FLORIDAPOST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE. FLORIDA WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS. MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee _ FROM: Paul E. Rosenthal, Esq. , City Attorney Q<J/�— DATE: January 20, 1995 RE: Appeal of Revised City of Ocoee Certificate of Vesting for Lake Lotta PUD - CV-93-07R, dated September 28, 1993 (the "Lake Lotta PUD Vested Rights Certificate") On September 28, 1993 the City issued the Lake Lotta PUD Vested Rights Certificate (copy attached as Exhibit 1) . Lake Lotta, Ltd. disputed certain provisions of the Lake Lotta PUD Vested Rights Certificate and on October 27, 1993 filed an appeal to the City Commission (the "Appeal") pursuant to the provisions of Section 1-5.1(F) (3) of the Ocoee Land ' Development Code (copy attached as Exhibit 2) . Due to the pendency of the proposed Developments of Regional Impact, the City and Lake Lotta, Ltd. have mutually agreed to extend the deadline for scheduling a hearing on the Appeal before the City Commission. The issues raised in the Appeal have been resolved as part of the proposed Development Orders for the Lake Lotta Mall DRI and the Lake Lotta Center DRI. In connection therewith, Lake Lotta, Ltd. has withdrawn the Appeal and requested that the City allocate between the Lake Lotta Mall DRI and Lake Lotta Center DRI the vested average daily trips ("ADTs") as set forth in the Lake Lotta PUD Vested Rights Certificate. This action has been taken by Lake Lotta, Ltd. subject to the City Commission approval of the DRI Development Orders and such Development Orders becoming final (i.e. the appeal period having run) . Attached hereto as Exhibit 3 is a copy of correspondence dated January 19, 1995 from Lake Lotta, Ltd. to the City Clerk withdrawing the Appeal and making the aforementioned request. Part I(A) (13) of the proposed Development Orders for the Lake Lotta Mall DRI and the Lake Lotta Center DRI include Findings of Fact with respect to the Lake Lotta PUD Vested Rights Certificate. Additionally, this matter is addressed in Part 4 January 20, 1995 Page 2 II(C) (7) of both of the proposed DRI Development Orders. The aforementioned provisions presume that the Appeal has been withdrawn and that Lake Lotta, Ltd. has requested that the City allocate the vested ADTs as set forth in the proposed Development Orders. No action is required by the City Commission with respect to the withdrawal of the Appeal. However, City Commission action is needed to approve the allocation of the vested ADTs. The Director of Planning and City Attorney recommend that the City Commission approve the allocation of vested ADTs as requested by Lake Lotta, Ltd. The requested allocation is consistent with all of the documentation related to the proposed Developments of Regional Impact and Planned Unit Developments. RECOMMENDATION: It respectfully is recommended that, subject to the approval of the Development Orders for the Lake Lotta Mall DRI and the Lake Lotta Center DRI and such Development Orders becoming final, the City Commission approve the request of Lake Lotta, Ltd. to allocate the vested average daily trips ("ADTs") under the Revised City of Ocoee Certificate of Vesting for Lake Lotta PUD - CV-93-07R, dated September 29, 1993 as follows: (i) 18, 224 ADTs to the land to be developed pursuant to the Lake Lotta Mall DRI for use only in connection with Phase I of the Lake Lotta Mall DRI; and Al (ii) 2,715 ADTs to the land to be developed pursuant to ' the Lake Lotta Center DRI for use only in z.:„1,1 connection connection with the Lake Lotta Center DRI Phase I Low Density Residential and High Density Residential Developments. PER:dp Enclosure cc: Mr. Ellis Shapiro, City Manager Mr. Russell B. Wagner, Director of Planning Thomas A. Cloud, Esq. Hal H. Kantor, Esq. t CAWP5I\DOCS\OCOELLATlA\MAYOR.MEMI120/95IDEBBIEH I PER.db EXHIBIT "1" CITY OF OCOEE REVISED CERTIFICATE OF VESTING LAKE LOTTA PUD REVISED CERTIFICATE NUMBER CV-93-07R DATE OF ISSUANCE: SEPTEMBER 28, 1993 This is to certify that the specific development or project on the specific property described below is vested, subject to the limitations described below and the further limitations and conditions set forth in this Certificate, from only the following requirements of the City of Ocoee's Comprehensive Plan and Land Development Regulations: ® Concurrency Review 0 Consistency with the Comprehensive Plan, specifically for those land uses set forth on that certain Land Use Plan for the LAKE LOTTA PUD, approved by the City Commission on November 22, 1988, as prepared by RAU Planning and Design, under Project No. 86-004 and as approved by City of Ocoee. 0 Land Development Code, specifically the LAKE LOTTA PUD is exempt from the provisions of the Ocoee Land Development Code adopted by City of Ocoee Ordinance No. 92-16 only to the extent of any express conflict with (a) this Certificate of Vesting, (b) the LUP, and (c) that certain Development Agreement (Contract No. D88-10) dated November 22, 1988, between the City and the Applicant as amended on August 21, 1990 ("the Developer Agreement") . ® Other: (Only checked boxes apply) . Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 2 I. Property Address/Location: Approximately 235 acres lying between State Road 50 and White Road along both sides of Clarke Road. II. Property Legal Description: See Exhibit "A" attached hereto and by this reference made a part hereof ("the Property" or "the subject property") . III. Involving the following tax parcels of property, in whole or in part: Not applicable. See "Exhibit "A" attached hereto. IV. If developed as a Planned Unit Development (PUD) consistent with the Land Use Plan approved by the Ocoee City Commission on November 22, 1988 and the Developer Agreement. V. Not to exceed: (a) 251 single family low density residential dwelling units on not more than 71.7 acres with 2, 397 average daily trips with respect thereto; (b) 249 single family medium density residential dwelling units on not more than 35.6 acres with 1,905 average daily trips with respect thereto; (c) 1, 077 multi-family residential dwelling units on not more than 89 .8 acres with 7, 517 average daily trips with respect thereto; and (d) 152,100 square feet of gross leasable commercial space on not more than 16.9 acres with 9, 120 average daily trips with respect thereto, all as set forth on that certain Lake Lotta PUD Land Use Plan as prepared by RAU Planning and Design and approved by the City Commission on November 22 , 1988. The maximum usage set forth in the preceding paragraph establishes those densities and intensities with respect to which vested rights are being granted by this Certificate and is not to be construed as a limitation on the right of the Applicant to proceed to obtain future development approvals with respect to any non-vested densities and intensities which are consistent with the LUP and all governmental approvals affecting the Property. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 3 VI. Based upon an application for a Certificate of Vesting made for and by: Development Name (and Phase) : LAKE LOTTA PUD Owner/Applicant Name: Lake Lotta, Ltd. , a Florida Limited Partnership Vesting Application: #VR02-06-93 - Lake Lotta PUD VII. Vesting Determination is made based upon and subject to the following: A. Findings of Fact: 1. On November 22, 1988, the Property was annexed into the City of Ocoee, Florida, pursuant to Ordinance No. 88- 16 adopted by the City Commission on June 23 , 1988. 2 . On November 22, 1988, the Applicant received approval from the Ocoee City Commission of the Planned Unit Development (PUD) Land Use Plan for Lake Lotta PUD as prepared by RAU Planning and Design under Project No. 86- 004. 3 . The City approved the Lake Lotta PUD Land Use Plan on November 22, 1988. 4 . The approved Lake Lotta PUD Land Use Plan constituted preliminary approval and did not include engineering and/or development plans. 5. As of September 18 , 1991 and as of July 31, 1992, the Applicant had not commenced development pursuant to the approvals referenced in Paragraphs 2. above. 6. A Development Agreement between the City of Ocoee and Lake Lotta, Ltd. , was entered into on November 22, 1988 (Contract No. D88-10) and was amended on August 21, 1990 ("the Developer Agreement") . The Applicant has expended funds and changed its position based upon the Developer Agreement. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 4 7. On December 9, 1987, the City and the applicant entered into a Developer Agreement for sewer service ("The Sewer Developer Agreement") . The Applicant has expended funds and changed its position based upon the Sewer Developer Agreement. 8. On December 21, 1987, a Stipulation for settlement between Prima Vista Utility Company, Inc. and the City of Ocoee was entered into ("the Stipulation for Settlement") . The Applicant has expended funds and changed its position based upon said stipulation for settlement. 9. On November 22, 1988, the City and the Applicant entered into a Developer Agreement for Water Service ("The Water Developer Agreement") . The Applicant has expended funds and changed its position based upon the Water Developer Agreement. 10. On November 22, 1988, the City and the Applicant entered into a Construction Agreement for the construction of a water transmission main ("the First Transmission Facilities Developer Agreement") . The Applicant has expended funds and changed its position based upon the First Transmission Facilities Developer Agreement. 11. On July 31, 1989, the City and West 50 Water Line, Inc. entered into a Construction Agreement for the construction of a water transmission main ("the Second Transmission Facilities Developer Agreement") . The Applicant has expended funds and changed its position based upon the Second Transmission Facilities Developer Agreement. 12. On July 9, 1990, the Applicant conveyed to the City by Special Warranty Deed certain right-of-way land and temporary easements needed by the City to construct Clarke Road. These conveyances were made at no cost or expense to the Applicant and the Applicant did not receive Road Impact Fee Credits for such conveyances. Further, these conveyances benefitted both the Property Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 5 and other lands located in the City of Ocoee. These conveyances were substantially consistent with and pursuant to the LUP and the terms of the Developer Agreement. The Applicant has changed its position by these conveyances in reliance on the ability to develop the Property in accordance with the LUP and Developer Agreement. 13 . On August 21, 1990, in connection with the right-of- way conveyance for Clarke Road, the City and the Applicant entered into an Amendment to Development Agreement, City of Ocoee/Lake Lotta, Ltd. Contract No. D88-10. 14. On March 22, 1991, the Applicant conveyed by Special Warranty Deed additional right-of-way to the City for Clarke Road. These conveyances were made at no cost or expense to the Applicant and the Applicant did not receive Road Impact Fee Credits for such conveyances. Further, these conveyances benefitted both the Property and other lands located in the City of Ocoee. These conveyances were substantially consistent with and pursuant to the LUP and the terms of the Developer Agreement. The Applicant has changed its position by these conveyances in reliance on the ability to develop the Property in accordance with the LUP and Developer Agreement. 15. On December 17, 1991, the Applicant submitted to the City for development review a Final Development Plan/ Preliminary Subdivision Plan for Subdivision One @ Lake Lotta PUD as prepared by Donald W. McIntosh and Associates, Inc. A Final Development Plan/Preliminary Subdivision Plan Subdivision One @ Lake Lotta PUD has not been approved by the City as of the date of this Vesting Certificate. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 6 16. Section 3 of the Developer Agreement, entitled Development Rights and Conditions of Approval, provided that: "Development of the developer's improvements shall be carried out in accordance with the Lake Lotta Planned Development Preliminary Master Plan dated September 22, 1988, and attached to and incorporated in this Agreement as Exhibit "B", the Land Use Summary and Standards attached to and incorporated in this Agreement as Exhibit "C" and the Conditions of Approval attached to and incorporated in this Agreement as Exhibit "D" . The Applicant has expended funds and changed its position based upon said provisions of the Developer Agreement. 17. The Applicant voluntarily delayed its efforts to obtain final development orders for the Property so that the City could complete the Final design and construction, through the Property, of Clarke Road, a four-lane road connecting White Road with State Road 50 (West Colonial Drive) and the East-West Expressway. 18. Prior to September 18, 1991, the Applicant worked closely with the City regarding plans for the construction of Clarke Road through the Property. These activities included the coordination of the final design for Clarke Road with the requirements of the LUP and the future development needs of the Property. The City was aware that the Applicant was delaying its efforts to obtain final development orders for the Property in order to assure that any such final development orders would be consistent with the final design for Clarke Road. 19. No building permit had been issued as of this date with respect to any portion of the Lake Lotta PUD which is the subject of the application. 20. No stormwater drainage plans for the Property have been approved as of this date with respect to any portion of the Lake Lotta PUD which is the subject of the application. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 7 21. Since 1988, the Application has been proceeding in good faith with respect to the development of the Property and has submitted to the City numerous correspondence, plans, drawings and reports in support thereon. Since 1988, the Applicant has expended funds and made a substantial change in position based upon the Land Use Plan, the Developer Agreement, Sewer Developer Agreement, a Stipulation For Settlement Agreement (December 21, 1987) , the Water Developer Agreement, the First Transmission Facilities Developer Agreement, and the Second Transmission Facilities Developer Agreement (collectively, "the Lake Lotta PUD Developer Agreements") . B. Conclusions of Law: 1. A "Preliminary Development Approval" is an action authorizing an applicant for a land development or land use activity to. proceed with further submittals and reviews for the purpose of obtaining a final development approval. Preliminary development approval does not confer approval or authorization sufficient to vest any particular land use or development activity. Section 2- 4 (C) (208) , Land Development Code. 2 . A "Final Development Order" is an approval by the City Commission of the final subdivision plan or final site plan for a project or development, or the building permit issued by the City for a project or development, whichever first occurs. Section 2-4 (C) (111) , Land Development Code. 3 . The Land Use Plan for Lake Lotta PUD as prepared by RAU Planning and Design under Project No. 86-004 and approved by the City Commission on November 22, 1988 constitutes a Preliminary Development Approval and the Applicant has not obtained any vested rights based solely upon such approval. 4 . The Applicant has not obtained any vested rights with respect to sanitary sewer capacity by virtue of the Sewer Developer Agreement; however, the Applicant is entitled to sanitary sewer capacity subject to and in accordance with the terms and conditions of the Sewer Developer Agreement. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 8 5. The Applicant has not obtained any vested rights with respect to potable water capacity by virtue of the Water Development Agreement; however, the Applicant is entitled to potable water capacity subject to and in accordance with the terms and conditions of the Water Development Agreement. 6. The actions of the City in entering into the Lake Lotta PUD Developer Agreements, accepting the conveyance of rights-of-way and easements for Clarke Road, and reviewing or otherwise communicating with the Applicant regarding numerous inquires, correspondence, plans, drawings and reports submitted by the Applicant in connection with the planned development of the Property constitute in their totality clear and unequivocal acts by the City with respect to the development of the Property in accordance with and subject to the terms, conditions and limitations set forth in the Lake Lotta PUD Developer Agreements. The Applicant has relied in good faith and in reasonable reliance upon such acts. 7. The Applicant is entitled to the following vested rights with respect to concurrency based upon Section 1- 5. 1 (C) (1) (b) of the Ocoee Land Development Code: (a) RESIDENTIAL USE WITHIN LAKE LOTTA PUD 1. Traffic Circulation: Vested for up to 251 single family low density residential dwelling units on not more than 71.7 acres with 2 ,397 average daily trips with respect thereto; (b) vested for up to 249 single family medium density residential dwelling units on not more than 35. 6 acres with 1, 905 average daily trips with respect thereto; and (c) vested for up to 1, 077 multi-family residential dwelling units on not more than 89.8 acres with 7,517 average daily trips with respect thereto. 2 . Sanitary Sewer: None, but see Paragraph 4 above. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 9 3 . Potable Water: None, but see Paragraph 5 above. 4. Solid Waste: Vested for solid waste disposal associated with 500 single family low density and low-medium density residential dwelling units. No vested rights are granted for solid waste with respect to multi-family medium density residential dwelling units. 5. Stormwater Drainage: None. 6. Recreation/Open Space: Vested for all of the Lake Lotta P.U.D. subject to compliance with the requirements of the LUP, the Lake Lotta PUD Developer Agreements and all governmental approvals. (b) COMMERCIAL USES WITHIN LAKE LOTTA PUD 1. Traffic Circulation: Vested for 152 , 100 square feet of gross leasable commercial space on not more than 16.9 acres with 9, 120 average daily trips with respect thereto. 2. Sanitary Sewer: None, but se Paragraph 4 above. 3 . Potable Water: None, but see Paragraph 5 above. 4 . Solid Waste: None 5. Stormwater Drainage: None 6. Recreation/Open Space: Not applicable to commercial uses. Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 10 The granting of the vested rights set forth above with respect to concurrency for residential and commercial uses are based upon the Applicant having relied in good faith and reasonable reliance upon certain clear and unequivocal acts of the City with respect to the specific vested rights set forth above and having made a substantial change in position and incurred such extensive obligations that it would be highly inequitable to destroy such rights. Except as expressly set forth above, the Applicant is not entitled to any vested rights pursuant to Section 1-5. 1(C) (1) (b) of the Ocoee Land Development Code. 7. The Applicant is entitled to the following vested rights based upon Section 1-5, 1(C) (1) (c) of the Ocoee Land Development Code: The Applicant has obtained vested rights for purposes of "Consistency" with respect to the land uses and approvals set forth on the LUP by virtue of the Developer Agreement, subject to development in accordance with the LUP and the terms and conditions of the Lake Lotta PUD Developer Agreements. Except as expressly set forth above, the Applicant is not entitled to any vested rights pursuant to Section 1- 5. 1(C) (1) (c) of the Ocoee Land Development Code. 8. The Applicant is not entitled to any vested rights based upon Sections 1-5.1(C) (1) (a) of Ocoee Land Development Code due to the lack of a valid Final Development Order on September 18, 1991. 9. Lake Lotta PUD is subject to the Ocoee Land Development Code adopted by Ordinance No. 92-16, as it may from time-to-time be amended, except to the extent of any express conflict with: (a) this Certificate of Vesting (b) the PUD Land Use Plan (c) the Developer Agreement Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 11 10. This Certificate of Vesting is based upon the Applicant's Application for Vested Rights dated June 22, 1993 which is incorporated herein by reference. VIII. The subject property is subject to divestiture pursuant to the provisions of Section 1-5. 1 of the City of Ocoee Land Development Code upon the subject development's failure to continue development in good faith as required below, or as may otherwise occur pursuant to law. Development must proceed in accordance with and consistent with the following: (a) the PUD Land Use Plan (b) the Developer Agreement IX. This Certificate is further the subject of the following development agreements and subject to the terms and conditions thereof: (a) the Sewer Developer Agreement, (b) the Water Developer Agreement, (c) the Development Agreement (d) Stipulation For Settlement Between Prima Vista and the City of Ocoee (Dated December 21, 1987) (e) the First Transmission Facilities Developer Agreement (f) the Second Transmission Facilities Developer Agreement Revised Certificate of Vesting - Lake Lotta PUD September 28, 1993 Page 12 This Certificate of Vesting is valid only as it relates to the Property and matters cited above. This Certificate is not transferable to or on any property other than the Property described herein; provided, however, that, if a partial transfer is desired, each such transfer is subject to approval by the City in accordance with its documentation and monitoring procedures and requirements. This Certificate does not guarantee the availability of water or sewer capacity. Further, this Certificate offers no other assurances, does not approve any development order, and does not grant any development rights. This Certificate is subject to expiration in accordance with the Land Development Code or subsequent Codes. 4 X. SIGNED: ` - ' / Bruce C. Behrens, Director of Planning DATE: September 28, 1993 XI. DISTRIBUTION: City Manager Director of Administrative Services Concurrency Development Administrator City Attorney Lake Lotta, Ltd. , Attn: Barry Goodman Thomas A. Cloud c/o Gray, Harris & Robinson, P.A. END: Revised Certificate of Vesting Number: CV-93-07R EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT 'a"_ . ... . •_ sheet L of 3 PARCEL"A" DESCIIPTION: That part of Section 2I,Township 22 South.Range 23 East.Orange County,Florida and ORLANDO GROVES ASSOCIATION,LAKE LOTTA GROVES.as recorded in Plat Book"E".Page 52 of the Public Records of Orange County,Florida,being described as follows: BEGIN at the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21. thence run S 00°1427"W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet to the Southeast corner thereof: thence run N 39°32'59"E along the North line of Trus 15. 16 and 17 of said ORLANDO GROVES ASSOCIATION. LAKE LOTI'A GROVES for a distance of 1317.16 feet to the Northeast corner of said Tract 17: thence run S 00°26'33"W along the East line of said Tract 17 and the Southeriyprolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3.Block "A"of said ORLANDO GROVES ASSOCIATION.LAKE LOTTA GROVES;thence run S 39'26'02"W along said South line of Lot 3, Block "A"and the Easterly prolongation for a distance of 1404.08 feet to the Southwest corner of said Lot 3,Block"A"; thence run S 19°55'46"W along the West line of said Block"A",for a distance of 343.13 feet to the North Right-of-Way line of State Road No.50(150'RNV);thence run S 39°48'09"W along said North Right-of-Way line for a distance of 1106.89 feet to the West line of Tract 6 of said ORLANDO GROVES ASSOCIATION,LAKE LOTI'A GROVES; thence run N 00°02'25"E along said West line and the Northerly prolongation thereof for a distance of 611.73 feet to the South line of Tract 13 of said ORLANDO GROVES ASSOCIATION,LAKE LOTI'A GROVES; thence run S 89'48'24"W along said South line of Lot 13 and the South line of Tracts 11 and 12 of said ORLANDO GROVES ASSOCIATION,LAKE LOTTA GROVES and the Easterly prolongation thereof for a distance of 678.03 feet to the Southwest corner of said Tract 11: thence run N 00°0373"W along the West line of said Tract 11 for a distance of 649.15 feet:thence run S 39°46'31"W along the South line of the Northeast 1/4 of the Southwest 1L4 of said Section 21 fora distance of 303.32 feet to a point on a non- -• -tangent curve concave Southeasterly having a radius of 1191.00 feet and a chord bearing of N 13°30'24"E, said point being on the East Right-of- Way line of Clark Road(100'R/W);thence run the following 13 course, along said East Right-of-Way line:thence run Northeasterly along the arc of said curve through a central angle of 19°33'36" fur a distance of-tlh.,') feet: thence run S 66°52'48"E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1171.00 feet and a chord bearing of N 23°34'54"E: thence run Northeasterly along the arc of said curve through a central angle of 00°55'24"for a distance of 18.37 feet: thence run N 65°57'24"W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1191.00 feet and a chord bearing of N 32°37'13"E: thence run Northeasterly along the arc of said curve through a central angle of 17°29'14" for a distance of 36350 feet: thence run N 41.31'50"E for a distance of 501.23 feet thence run S 48°23'10"E for a distance of 20.00 feat: thence run N 41°3I'50"E for a distance of 20.00 feet: thence run N 48°23'10"W for a distance of 20.00 feet: thence run N 41°3I'50"E for a distance of 70.59 feet co the point of curvature of a curve concave Northwesterly having a radius of 1291.00 fee thence run Northeasterly along the arc of said curve through a central angle of 41'20'59"for a distance of 931.70 feet: thence run N 00°10'51"E for a distance of 563.23 feet: thence run N 44°56'43"E for a distance of 63.90 feet to the South Right-of-Way line of White Road(60' R/W); thence run N 89°42'35"B along said South Right-of-Way line for a distance of 908.37 feet to the East line of the West 3/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 21: thence run S 00°04'18"B along said East line and the West line of Lots 21 and 22, ROSE HILL GROVES,recorded in Plat Book"H". Page 146 of said Public Records and the Southerly prolongation thereof. for a distance of 1285.34 feet: thence run N 89°42'47"E along the North line of the aforesaid Northwest 1/4 of the Southeast 1/4 of Section 21 for a distance of 334.I9 feet co the POINT OF BEGINNING. Containing 165.324 acres more or less and being subject to any rights-of- way, restrictions and easements of record. • . ...�....� .. ...�.._..� � .-e ... �i ter......... Sheet 2 of 3 DESCRIPTION: . That part of Section 21. Township 22 South, Range 23 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, rzcorded in Plat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South tine for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09"W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39"E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet thence run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of 162.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly having a radius of 605.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 30°4I'03" for a distance of 324.00 feet; thence run N 89°45'04" E for a distance of 535.58 feet to the West Right-of-Way line of Clark Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet; thence run S 00°14'51" W for a distance of 562.45 feet to the point of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run Southwesterly along the-arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet: thence run S 41°31'50" W for a distance of 70.5() feet: thence run N 48°28'10" W for a distance of 20.((1 t er. tlt;r.,, n.tn S -I°3 1'541 w for a distance of 20.00 feet; thence run S 48°28'10" E for a distance of 20.00 feet; thence run S 41°31'50" W fora distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 1291.00 feet: thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65°57'24"W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66'52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°11'36" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. 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[ r• 1 r �~'r! ♦ FROYf ST'I - .'�•I .'i I. 7.0 L:: I •• �r•l Ar RI*I w'P ° n ' T ` s l -1.q..l.S r 1st ire a 1•ll.iI. s.I 11 --. ~n Ileo 'lois rw(sr I.1fi - _o-, �'"1 els..o.(v aov t•/:f._ _�-.- I I M t7.} ertlr.. : �1MV = I 21: ' l Cl Mn.•CC.a s ` 1 " r r t 1 u9 , 't �t o y sl �� o .ter •� Q- v _...e • u/•.tt re a _ : J r _ _ t v t -•J. ° •'• n •. 1 (AYR/ .:..lfor 1 • ®' - 1 . 1 , �+ ,..,.__./, at.r•. "%/IIlC t,, ! I111 ..� .. 1 - N7. YV+C011 I�CAIN/ � u ,r Ia ., ..'1 J R/NUN 117 e•....r.r/ s h•- ..�7� i• I 1 I I I Art'1 •e- a 1 .47377)hl .. :'•I.F. 1 rs t •7')RPt r OM • • GRAY, HARRIS & ROBINSON EXHIBIT "2" PROFESSIONAL ASSOCIATION J.CHARLES GRAY THOMAS C.SHAW GORDON . HARRIS RICHARD M. ROBINSON ATTORNEYS AT LAW PAUL S.OUINN,JR. DAVID L.SCHICK PHILLIP R.FINCH JACK K. MCMULLEN PAMELA O.PRICE SUSAN TASSELL SPRADLEY JAMES F.PAGE,JR. SUITE 1200TRACY A.BORGERT WILLIAM A.BOYLES GLASS BANK BUILDING MICHAEL K.WILSON THOMAS A.CLOUD 201 EAST PINE STREET 505 NORTH ORLANDO AVENUE LILA INGATE MCHENRY BYRD F.MARSHALL,JR. POST OFFICE BOX 3068POST OFFICE BOX 320757 KENT L.HIPP J.MASON WILLIAMS,IIIMICHAEL E.NEUKAMM LEO P.ROCK,JR. ORLANDO, FL 32802-3068 COCOA BRACH. FL 32932-0767 ROBERT L.REALS G.ROBERTSON DILG DONALD H.GIBBON CHARLES W.SELL JACK A.KIRSCHENBAUM TELEPHONE (407) 843.8680 TELEPHONE (407) 783-2218 KIMBERLY L.NOWORYTA JAMES W.PEEPLES III FAX (407) 244-5690 FAX (407) 783.2297 MALCOLM R.KIRSCHENBAUM FORREST S.FIELDS,JR. OF COUNSEL RICHARD E.BURKE WRITER'S DIRECT DIAL GUY S.HAGGARD FREDERICK W.LEONHAROT (407) : 44-5628 BORRON J.OWEN.JR. PLEASE REPLY TO: Orlando October 27, 1993 HAND DELIVERY Ms. Jean Grafton City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Re: Appeal of Revised City of Ocoee. Certificate of Vesting Lake Lotta PUD - CV-93-07, dated September 28, 1993 Dear Ms. Grafton: Pursuant to Section 1-5. 1(F) (3) , City of Ocoee Land Development Code, this letter serves as our Notice of Appeal to the City Commission of the Revised City of Ocoee Certificate of Vesting for the Lake Lotta PUD (CV-93-07) (the "Revised Certificate" ) , issued September 28, 1993. On behalf of Lake Lotta, Ltd. we state our objections to the following provisions of the Revised Vested Rights Certificate: 1. Section V (page 2) and Section VII (B) (7) (b) (page 9) . There appears to be an error in the City's commercial average ADT and square foot calculations. Exhibit "C" of the Development Agreement dated November 22, 1988 which was referred to in the Revised Certificate under Section V (copy included Tab 4 of Vested Rights Application) shows approval for maximum leasable area of 155,000 sq. ft. of commercial use on 16 . 9 acres . This would result in approximately 9,294 ADTs . See enclosed calculation from Transportation Consulting Group using ITE Code 820 for commercial use (shopping center) (Attachment 1) . The Revised Certificate shows 152,100 sq. feet of gross leasable' commercial space on 16 .9 acres with 9, 120 ADTs . The GRAY, HARRIS 8e ROBINSON PROFESSIONAL ASSOCIATION s Ms . Jean Grafton October 27, 1993 Page 2 City has reduced the development's gross leasable commercial space by 2,900 sq. ft. According to ITE, a 155,000 sq. ft. would generate 59 .961 trips per 1, 000 sq. ft. Multiplying this rate times the 155,000 sq. ft. approved for the PUD, results in 9,294 ADTs; an increase in vested daily trips of 174 daily trips . The Revised Certificate should be amended to show the proper commercial square feet and ADTs. If there is another document that reflects approval of only 152, 100 sq. ft. of gross leasable commercial space then please advise and provide us with a copy of that document. 2 . Section VII (A) . Findings of Fact. Paragraph 12 (page 4) and Paragraph 14 (page 5) . The City has found that: 12. On July 9, 1990, the Applicant conveyed to the City by Special Warranty Deed certain right-of-way land and temporary easements needed by the City to construct Clarke Road. These conveyances are made at no cost or expense to the Applicant and the Applicant did not received Road Impact Fee Credits for such conveyances. . . (emphasis added) . 14 . On March 22, 1991, the Applicant conveyed by Special Warranty Deed additional right-of-way to the City for Clarke Road. These conveyances were made at no cost or expense to the Applicant and the Applicant did not receive Road Impact Fee Credits for such conveyances. . . (emphasis added) . We object to the City's failure to acknowledge the value of the right-of-way dedicated by Lake Lotta, Ltd. As set out in the Application, the value of the right-of-way is estimated at approximately $350,000.00. We request modification to the Revised Certificate to acknowledge the right-of-way value. 3. Section IV (page 2) and Section VIII (page 11) . Lake Lotta, Ltd. objects to provision that states GRAY, HARRIS 8c ROBINSON PROFESSIONAL ASSOCIATION Ms . Jean Grafton October 27 , 1993 Page 3 - vested rights are subject to the limitation that the project must be "developed as a Planned Unit Development (PUD) consistent with the Land Use Plan approved by the Ocoee City Commission on November 22, 1988 and the Developer Agreement. " Lake Lotta further objects to the City's position that the vested rights can be divested if development does not "proceed in accordance and consistent with the following: (a) the PUD Land Use Plan (b) the Developer Agreement. " As acknowledged by the City: The granting of the vested rights set forth above with respect to concurrency for residential and commercial uses are based upon the Applicant having relied in good faith and reasonable reliance upon certain clear and unequivocal acts of the City with respect to the specific vested rights set forth above and having made a substantial change in position and incurred such extensive obligations that it would be highly inequitable to destroy such rights. In other words, the City has acknowledged that Lake Lotta has obtained vested rights for concurrency based on the doctrine of equitable estoppel and has met all elements of equitable estoppel as set forth above. See City of Hollywood Beach v. Hollywood Beach Hotel, 329 So.2d 10, 15 (Fla. 1976) . It is this same common law doctrine of equitable estoppel that can prevent the City from revoking Lake Lotta's vested rights for concurrency. As you know, the property known as the Lake Lotta PUD is currently the subject of a proposed Lake Lotta Center ADA/DRI. Consequently, at some time in the future, the existing PUD approval may be modified or substituted with an approved DRI development order. Consequently, Lake Lotta, Ltd. , may request a transfer of the vested ADTs from the PUD to the DRI . GRAY, HARRIS Sc ROBINSON PROFESSIONAL ASSOCIATION Ms . Jean Grafton October 27, 1993 Page 4 Beneficial or desirable changes to a vested project such as the Lake Lotta PUD should not result in a loss of vested rights . Under Subsection 380.06(4) (b) , Florida Statutes, (Binding Letter of Interpretation and Modifications) vested DRI projects can be modified and the property owner is entitled to retain its vested rights for the development as modified. Likewise, a non-DRI development should be entitled to be modified without a loss of vested rights for concurrency. Lake Lotta should be entitled to amend its approved PUD and transfer its vested ADTs to the modified development without a loss of vested rights . Fairness dictates that it would be inequitable and unjust to deny Lake Lotta, Ltd. all vested rights merely because there may be a change in the plan of development. Any modification to the Lake Lotta PUD will be subject to further review and approval by the City as well as other governmental agencies . Since the City presumably took the approved Lake Lotta PUD into consideration when determining its needs for facilities and services to comply with level of service standards and adoption of its concurrency management system, the trips associated with the Lake Lotta PUD should have been accounted for. Thus, the vested trips should be usable to the same development, even if modified. We ask that the Revised Certificate either (1) be modified to accommodate a modification to the Lake Lotta PUD and allow for a transfer of vested trips within the development to other land uses; or (2) be clarified to provide that acceptance of the Revised Certificate does not act as a waiver of Lake Lotta, Ltd. 's right to later appeal any denial by the City of the right to modify the PUD or transfer vested ADTs among the various land uses within the property. Lake Lotta, Ltd. recognizes that any land use change which is inconsistent with the City's comprehensive plan and land use designations may result in a loss of vested rights for consistency. Under Section 1-5 . 1(F) (3) , City Code, the City Commission must take final action on this appeal within sixty (60) days from the date this appeal is filed with the City Clerk. Lake Lotta,' Ltd. , is willing to waive the 60 day time period and extend the GRAY, HARRIS 8c ROBINSVN PROFESSIONAL ASSOCIATION Ms . Jean Grafton October 27, 1993 Page 5 response time to enable City staff and/or the City Commission to be able to address these concurrency vesting issues simultaneously with the PUD modification/DRI matters . In either case, we would like an opportunity to meet with City staff and/or appear before the City Commission to discuss these matters further. Please contact us if you have any questions or need additional information. Very truly yours, dUr Thomas A. Cloud, Esquire GRAY, HARRIS & ROBINSON, P.A. TAC:STS:kvr Enclosure - Attachment 1: ITE Calculation cc: Mayor S. Scott Vandergrift (w/enc) (Hand Delivery) Commissioner Rusty Johnson (w/enc) (Hand Delivery) Commissioner Paul W. Foster (w/enc) (Hand Delivery) Commissioner Vern Combs (w/enc) (Hand Delivery) Commissioner Sam Woodson (w/enc) (Hand Delivery) Mr. Ellis Shapiro, City Manager (w/enc) (Hand Delivery) Mr. Paul Rosenthal (w/enc) Mr. Barry Goodman (w/enc) Mr. Russell B. Wagner (w/enc) (Hand Delivery) Mr. Joseph Roviaro (w/enc) kvr:40048-9:1tr10-26:10/27/93:0 CIO TRANSPORTATION CONSULTING GROUP ITE LAND USE CODE 820 SHOPPING CENTER TRIP GENERATION Equation: Ln (T) = 0,625 Lu (x) + 5.985 Ln (T) = 0.625 Ln (155) + 5.985 Ln (T) = 0.625 (5.043) + 5.985 Ln ('T) = 3.152 + 5.985 Ln ( = 9.137 ' T = 9294.152 Trip rate (TR) per 1,000 square feet is determined by dividing total trips shopping center size. by TR a 9294 +.(155,000 + 1,000) TR = 9294 4- 155 'FR a 59.961 • Where: Ln = Natural Logarithm • T = Number of Daily Trip Ends X - Numbcr of thousand square feet of Shopping Center TR = Number of Trip Ends generated per 1,000 square feet of Shopping Center 1201 SOUTH ORLANDO AVENUE • SUITE 200 . P.O.BOX 2647 • WINTER PARK FLORIDA 32790 407/628/0875 • IMAX 407/633/3773 0 rem/1:WpawATTACHMENT 1 LAKE LOTTA, LTD. 890 STATE ROAD 434 NORTH EXHIBIT "3" ALTAMONTE SPRINGS,FLORIDA 32714 TELEPHONE(407)788-6555 FAX(407)682-6194 January 19, 1995 Ms. Jean Grafton City Clerk City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 RE: Appeal of Revised City of Ocoee Certificate of Vesting for Lake Lotta PUD - CV-93-07R, Dated September 28, 1993 (the "Lake Lotta PUD Vested Rights Certificate") Dear Ms. Grafton: By letter to you dated October 27, 1993 from Thomas A. Cloud of Gray, Harris & . Robinson, P.A., Lake Lotta, Ltd. filed an appeal to the City Commission regarding the Lake Lotta PUD Vested Rights Certificate ("the Appeal"). The Appeal was filed pursuant to Section 1-5.1(F)(3) of the Ocoee Land Development Code. Subject to the Ocoee City Commission approval of Development Orders for the Lake Lotta Mall DRI and the Lake Lotta Center DRI and such Development Orders becoming final, please be advised that Lake Lotta, Ltd. hereby: (1) Withdraws the Appeal and accepts the Lake Lotta PUD Vested Rights Certificate as issued by the City; and (2) In connection with the development of the lands which are the subject of the Lake Lotta PUD Vested Rights Certificate, requests that the City allocate the vested average daily trips ("ADTs") under the Lake Lotta PUD Vested Rights Certificate as follows: (i) 18,224 ADTs to the land to be developed pursuant to the Lake Lotta Mall DRI for use only in connection with Phase I of the Lake Lotta Mall DRI; and (ii) 2,715 ADTs to the land to be developed pursuant to the Lake Lotta Center DRI for use only in connection with the Lake Lotta Center DRI Phase I Low Density Residential and High Density Residential Developments. Ms. Jean Grafton January 19, 1995 Page Two In the event the Ocoee City Commission does not approve Development Orders for the Lake Lotta Mall DRI and the Lake Lotta Center DRI, and such development orders do not become final, then Lake Lotta, Ltd. reserves all of its rights and privileges to pursue the Appeal to the Ocoee City Commission. Sincerely, LAKE LOTTA, LTD., a Florida limited partnership BY: LOTTA GP INC. a Florida corporation, it managing general partner Aa By: f%�� Barry S Goodman, President cc: Mr. Ellis Shapiro Mr. Russell B. Wagner, Director of Planning Paul E. Rosenthal, Esq., City Attorney Thomas A. Cloud, Esq. Hal Kantor, Esq.