HomeMy WebLinkAboutIII (C) Public Hearing: Case No DRI-1-9-93: Developement of Regional Impact for Lake Lotta Mall, including approval of Development Order and Notice of Adoption of Development Order AGENDA 1-26-95
Item III C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" - MAYOR• LOMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
id-k44 COMMISSIONERS
CITY OF OCOEE
RUSTY JOHNSON
a PAUL W.FOSTER
v G 150 N.LAKESHORE DRIVE SCOTT A.GLASS
�`e V OCOEE,FLORIDA 34761-2258 JIM GLEASON
�� (407)656-2322
at'A CITY MANAGER
OF 000V ` ELLIS SHAPIRO
SRP-466
STAFF REPORT
DATE: January 20, 1995
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, Director of Planning /
SUBJ: Lake Lotta Mall DRI Development Order
Case No. DRI-1-9-93
ISSUE :
Should the Honorable Mayor and City Commissioners approve the proposed
attached Development Order for the Lake Lotta Mall DRI (bearing print date of
January 20, 1995) in Case No. DRI-1-9-93?
BACKGROUND:
The Lake Lotta Mall DRI Application for Development Approval was submitted
for initial review on September 8, 1993 . The developer, Homart Development
Co. , also submitted two sufficiency responses to the Application for
Development Approval as supplemental information. These materials were
extensively reviewed by City Staff, Orange County, the Regional Planning
Council and various State agencies . On April 20, 1994, the Regional Planning
Council adopted a Recommended Development Order for consideration and
inclusion in the Final Development Order to be issued by the City of Ocoee.
This Recommended Development Order was previously provided to the Planning
and Zoning Commission and City Commission for their review.
In accordance with Chapter 380, Florida Statutes, on April 14, 1994 the
Planning and Zoning Commission held an advertised public hearing on the
proposed development of regional impact and continued that public hearing to
a date to be determined. On May 2, 1994, the City Commission also held an
advertised public hearing on the proposed development of regional impact and
also continued that public hearing to a date to be determined. (A Special
Meeting of the City Commission has been scheduled to continue and reopen the
public hearing on the proposed development of regional impact .
at
•
Lake Lotta Mall DRI Development Order
January 20, 1995
Page 2
In response to subsequent changes proposed for the Lake Lotta Center DRI, the
Lake Lotta Mall developer proposed amendments to its DRI to make both
projects compatible. During the intervening period, City Staff has worked
with the developer to fashion a development program and conditions of
approval (both regional and local) which ensure that the project will not
adversely impact City services, natural resources and financial capabilities.
Attached hereto is a copy of the proposed Development Order for the Lake
Lotta Mall DRI which was approved and recommended by the DRC and the Planning
and Zoning Commission.
In order to assure that the Lake Lotta Mall DRI is properly coordinated with
the companion Lake Lotta Center DRI, the Florida Department of Community
Affairs has required the developers of both projects to enter into a formal
processing agreement which stipulates that all impacts related to
transportation facilities, low income housing, air quality, wildlife,
vegetation and wetlands be considered jointly. Attached hereto is a copy of
the Lake Lotta DRI Processing Agreement . Additionally, the proposed
Development Order is being considered in combination with a proposed
Comprehensive Plan Amendment providing for a Future Land Use Map change, as
well as with a rezoning of the property to Planned Unit Development providing
for a new Land Use Plan. The proposed Comprehensive Plan Amendment (Case No.
CPA-1-9-93) was previously approved by the Planning and Zoning Commission on
May 12, 1994 and subsequently approved by the City Commission on May 26, 1994
for transmittal to the Department of Community Affairs . So as to expedite
the overall development review process, the developer has also submitted a
Preliminary Subdivision Plan/Site Plan for review and approval .
ANALYSIS :
The proposed Lake Lotta Mall DRI Development Order provides for the
development of a regional mall with associated peripheral retail uses . The
project is planned to be developed in two phases on a site encompassing 130
acres . The chart below summarizes the proposed development program.
LAND USE PHASE I (2002) PHASE II (2005) TOTAL
MUM. GLA GSF GLA GSF GLA GSF
MALL 1,000,000 1,245,276 150,000 155,955 1,250,000 1,401,231
PERIPHERAL 100,000 105,000 150,000 157,000 250,000 262,000
TOTAL 1,200,000 1,350,276 300,000 312,955 1,500,000 1,663,231
GLA = Gross Leasable Area in Square Feet
GSF = Gross Square Feet
Lake Lotta Mall DRI Development Order
January 20, 1995
Page 3
Allowable uses for development incorporate all uses permitted under the C-2
Zoning District, including but not limited to retail mall, retail,
restaurants, a movie theater, an auto service/gasoline sales center, and
related retail activities . A number of uses are prohibited from development
including gasoline stations, automobile sales, commercial convenience stores
with or without gas sales, equipment sales, drive-in restaurants with no
inside seating, miniature golf courses, pawn shops, and funeral homes . Up to
a total of 7, 500 parking spaces will be provided, depending upon the actual
retail uses developed on the site.
In addition to identifying the size and type of development which may be
permitted, the proposed Development Order also stipulates how the various
impacts generated by the project will be mitigated. This includes
identification of initial transportation improvements which must be
accomplished prior to completion of Phase I as well as an extensive traffic
monitoring and modeling program which must be undertaken to identify roadway
and intersection improvements needed to permit development of Phase II of the
project . Specifically, the proposed Development Order calls out for cash
contributions from the developer to permit the City to reduce the curvature
of White Road just west of Clarke Road. It also specifies additional rights-
of-way to be dedicated for future improvements to Clarke Road and S .R. 50 .
Other matters covered in the proposed Development Order include provisions
pertaining to wildlife management, wetland conservation, management of
stormwater, low income housing, transit, ridesharing, pedestrian and bicycle
circulation, water and sewer service, impact fees, vested rights and
concurrency, as well as miscellaneous legal provisions generally provided in
such documents. The proposed Development Order also prohibits down zoning,
unit density reduction or intensity reduction for 15 years . The buildout for
Phase I is 2002 and the buildout for Phase II is 2005 with project buildout
being 2005 . The proposed Development Order terminates on November 30, 2008 .
Lake Lotta, Ltd. is also executing the proposed Development Order as owner of
the property on the date of approval . The proposed Development Order also
includes Findings of Fact and Conclusions of Law.
The proposed Development Order does not become effective upon adoption. It
must be transmitted to the Department of Community Affairs and an appeal may
be taken during the following 45-days . Also, Ordinance No. 95-01 must become
effective before the proposed Development Order can become effective.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission held a Special Meeting January 12, 1995 to
conduct an advertised Public Hearing on the Lake Lotta Mall DRI Development
Order (see attached draft minutes) . After hearing presentations from the
developer and staff and receiving input from a variety of citizens, the
Commission deliberated primarily on issues pertaining to traffic, stormwater
management, and landscaping. On a vote of 5 to 1, the Planning and Zoning
Commission found the proposed Development Order for the Lake Lotta Mall Lake
Lotta Mall DRI Development Order
January 20, 1995
Page 4
Development of Regional Impact to be consistent with the Ocoee Comprehensive
Plan, as proposed for amendment in Case No. CPA-1-9-93 and recommended that
the City Commission approve said Development Order subject to the adoption of
the aforesaid comprehensive plan amendment in Case No. CPA-1-9-93 .
STAFF RECOMMENDATION:
In prior action on December 22, 1994, the DRC also approved the proposed Lake
Lotta Mall Development Order subject to a number of final changes which have
been incorporated. /Accordingly, Staff respectfully recommends that the Mayor
and City Commission find the Development Order for Lake Lotta Mall
Development of Regional Impact bearing print date of January 20, 1995 to be
consistent with the Ocoee Comprehensive Plan, as proposed for amendment in
Ordinance No. 95-01 and Case No. CPA-1-9-93, and approve said Development
Order authorizing execution thereof by the Mayor and City Clerk and
furthering authorizing the Mayor and City Clerk to execute the Notice of
Adoption of DRI Development Order for. the Lake Lotta Mall Development of
Regional Impact as attached herewith, and further authorizing the Director of
Planning to transmit said Development Order to the Department of Community
Affairs .
RBW/emk
Attachment
LAKE LOTTA DRI
PROCESSING AGREEMENT
THIS AGREEMENT is entered into this day of /j/oci pi,Q1',
1994, by and between LAKE LOTTA, LTD. , a Florida Limited
partnership ( "LAKE LOTTA" ) , HOMART DEVELOPMENT CO. , a Delaware
corporation ( "HOMART" ) , and the STATE OF FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS ( "DCA" ) pursuant to Section 380 .032 (3) , Florida
Statutes.
RECITALS
1. DCA is the state land planning agency having the power
and duty to exercise general supervision of the administration and
enforcement of Chapter 380, Florida Statutes, which includes
provisions relating to developments of regional impacts ( "DRIs" ) .
2 . LAKE LOTTA is presently the owner in fee simple of
certain real property located in the City of Ocoee, Orange County,
Florida more particularly described on Exhibit "A" attached hereto
(the "Subject Property) .
3 . LAKE LOTTA and HOMART are two separate, unrelated
entities, and have executed a contract (the "Contract" ) in which
LAKE LOTTA has granted to HOMART an option to purchase a portion of
the Subject Property which is more particularly described on
Exhibit "B" attached hereto (the "Homart Parcel" ) . The remaining
balance of the Subject Property shall hereinafter be referred to as
the "Lake Lotta Parcel" and is more particularly described on
Exhibit "C" attached hereto.
4 . In November of 1988, LAKE LOTTA received approvals from
the City of Ocoee, Florida (hereafter the "CITY" ) to develop the
Lake Lotta PUD on the Subject Property as a mixed use, residential
development.
5 . LAKE LOTTA now proposes to develop a project on the Lake
Lotta Parcel known as the Lake Lotta Center DRI (the "Lake Lotta
Center DRI" ) and HOMART proposes to develop a project on the Homart
Parcel known as the Lake Lotta Mall DRI (the "Lake Lotta Mall
DRI" ) .
6. The two DRIs both lie and are situated in the
incorporated boundaries of the CITY; therefore, the CITY is the
local government ultimately responsible for issuing any development
orders that may grant approval of the two DRIs .
7 . The Lake Lotta Center DRI differs significantly from the
Lake Lotta PUD and is proposed for development of 550, 000 square
1
feet of commercial/retail space and 360 multi-family residential
dwelling units in two phases.
8 . The Lake Lotta Mall DRI is proposed for development of a
1,250, 000 square foot regional mall and 250, 000 square feet of
commercial/retail space in two phases.
9 . Pursuant to the Contract, HOMART and LAKE LOTTA have
agreed to ( 1) pursue and obtain separate DRI approvals for the
development of the two DRIs, (2) reasonably cooperate with each
other in pursuing their respective DRI approvals, and (3) each be
responsible for an equitable share of the cost of transportation
improvements in connection with development of both DRIs, as
specified in the Contract.
10. Pursuant to the Contract, HOMART and LAKE LOTTA have each
filed separate Applications for Development Approval for a
development of Regional Impact as provided in Section
380 .0651(4) (c) 2 . , Florida Statutes.
11. The parties recognize, acknowledge, and agree that
processing and obtaining separate DRI approvals for the Lake Lotta
Mall DRI and the Lake Lotta Center DRI is desirable because
( 1) HOMART and LAKE LOTTA have differing development intentions and
philosophies for their respective projects, (2) the projects are
being separately financed, and (3) past history and experience
indicate that having separate development orders for two or more
developments owned by unrelated owners avoids problems that may
arise subsequent to issuance of a final DRI development order.
12 . Notwithstanding the desirable attributes associated with
processing and obtaining separate DRI approvals for the Lake Lotta
Mall DRI and the Lake Lotta Center DRI, the DCA expressed concern
but agreed to allow the developments to seek separate DRI approvals
for their respective proposed developments subject to certain
conditions as hereinafter set forth.
13 . The parties agree that the two proposed DRIs may result
in certain regionally significant impacts which should be assessed
cumulatively to be lawfully mitigated.
14 . The parties met on November 9, 1993, in Tallahassee to
resolve the DCA's concerns so that LAKE LOTTA and HOMART may
exercise their statutory rights.
15 . DCA is authorized pursuant to Section 380.032 (3) , Florida
Statutes, to enter into agreements with any land owner, developer,
or governmental agency that may be necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes or any
rules promulgated thereunder.
2
16. The parties acknowledge and agree that each of them have
all rights, power, and authority to bind themselves to this
Agreement.
17. The parties desire to enter into this Agreement pursuant
to the authority vested under Section 380.032 (3) , Florida Statutes
in order to provide for certain conditions imposed by DCA to allow
LAKE LOTTA and HOMART to process separate and independent
applications for development approval ( "ADA" ) for the Lake Lotta
Mall DRI and the Lake Lotta Center DRI.
ACCORDINGLY, for and in consideration of the mutual covenants
contained herein and other valuable consideration given and
received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
SECTION 1. RECITALS. The above Recitals are true and
correct, and form a material part of this Agreement. Based upon
these Recitals, DCA concludes that this Agreement is in the best
interest of the State, is necessary and beneficial to DCA in its
role as the State agency with the responsibility for the
administration and enforcement of Chapter 380, Florida Statutes,
and reasonably applies and effectuates the provisions and intent of
Chapter 380, Florida Statutes.
SECTION 2 . SEPARATE DRIs. The Lake Lotta Mall DRI and the
Lake Lotta Center DRI are DRIs as defined by Section 380.06,
Florida Statutes. HOMART and LAKE LOTTA have heretofore filed
separate ADAs for their respective project which includes for the
Lake Lotta Mall DRI all of the land legally described and depicted
on Exhibit "B" and for the Lake Lotta Center DRI all of the land
legally described and depicted on Exhibit "C. " Except as set forth
in Section 3 hereof, the ADA for the Lake Lotta Center DRI shall
separately assess and address the impacts associated with the
development proposed by said ADA. Except as set forth in Section
3 hereof, the ADA for the Lake Lotta Mall DRI shall separately
assess and address the impacts associated with the development
proposed by said ADA. Each such DRI shall be entitled to be
processed as a separate DRI and, upon compliance with Chapter 380,
Florida Statutes, and Fla. Admin. Code Chapter 9J-2 each shall be
entitled to receive a separate development order.
SECTION 3 . CUMULATIVE STUDIES AND SUMMARIES. For purposes of
studying and analyzing transportation impacts and air quality
impacts for the proposed developments, HOMART and LAKE LOTTA shall
prepare a cumulative study of the transportation and air quality
impacts for both proposed DRIs as a whole and the ADA for each DRI
shall contain and reflect said cumulative studies. Further, for
purposes of studying and analyzing environmental impacts concerning
vegetation and wildlife, and wetlands (A.D.A. questions 12 and 13)
as well as housing impacts, HOMART and LAKE LOTTA shall prepare
3
separate studies of the vegetation and wildlife, and wetlands
(A.D.A. questions 12 and 13) and the housing impacts for each DRI.
"Wildlife" as used in this Agreement shall mean and be limited to
wildlife that is threatened, endangered, or a species of special
concern as these terms are defined by applicable state and federal
law. However, a cumulative summary of the wildlife and vegetation
impacts, wetland impacts and housing impacts for both DRIs as a
whole shall be incorporated into the ADA for each DRI.
SECTION 4 . SUBSTANTIAL DEVIATION. If the Lake Lotta Mall DRI
and the Lake Lotta Center DRI are both approved and issued final
DRI development orders and either development should require
substantial deviation determination review pursuant to Section
380 .06( 19) , Florida Statutes, at some point in time subsequent to
final DRI development approval, it is agreed that all proposed
modifications to the projects will be reviewed based on the
combined impacts of the two projects to determine whether the
proposed modification will exceed any of the criteria set forth in
Section 380.06(19) , Florida Statutes.
SECTION 5. SUFFICIENCY. The Lake Lotta Mall DRI and the Lake
Lotta Center DRI must both be deemed sufficient pursuant to Chapter
380, Florida Statutes prior to either DRI going before a local or
regional governmental agency for public hearings under Chapter 380,
Florida Statutes. After the determination of sufficiency, either
project may proceed on independent schedules.
SECTION 6. TERMINATION, ENFORCEMENT. In the event of a
breach of this Agreement or failure to comply with any conditions
of this Agreement, or if this Agreement is based upon materially
inaccurate information, DCA may terminate this Agreement or file
suit to enforce this Agreement as provided by law.
SECTION 7 . STATUS OF DEVELOPMENT ORDERS. The restrictions
and conditions of any final DRI development order issued pursuant
to Chapter 380, Florida Statutes, shall not supersede the
restrictions and conditions contained in this Agreement, and
nothing contained in any such development order shall be construed
to affect in any way the parties' rights to file and process
separate DRIs or otherwise affect or diminish rights granted
hereunder. The parties agree to make every effort to ensure that
the applicable conditions in this agreement are incorporated into
any final DRI development order issued by the CITY.
SECTION 8 . COMPLIANCE WITH LAWS. This Agreement affects the
rights and obligations of the parties under Chapter 380, Florida
Statutes . This Agreement does not preclude any obligation HOMART
and/or LAKE LOTTA may have to comply with any and all other
applicable federal, state, county, and municipal laws, ordinances
and regulations, as they may be amended, except to the extent that
they are expressly waived or modified herein.
4
/1
SECTION 9. BINDING EFFECT. The terms and conditions of this
Agreement shall inure to the benefit of and be binding upon the
heirs, personal representatives, successors and assigns of the
parties hereto. HOMART and LAKE LOTTA shall cause any successor in
interest in and to any lands or parcels affected by this Agreement
to be bound by the terms of this Agreement. Upon both development
orders becoming final and non-appealable, HOMART and LAKE LOTTA
shall record this Agreement in the Public Records of Orange County,
Florida and shall provide DCA with a copy of the recorded Agreement
including Book and Page number within four (4) weeks after the date
of execution of this Agreement.
SECTION 10. EFFECTIVE DATE OF EXECUTION. The date of
execution of this Agreement shall be the date that the last party
signs and acknowledges this Agreement.
SECTION 11 . NON-WAIVER. Nothing in this Agreement shall
constitute a waiver by any party of the right to appeal any
development order pursuant to Section 380.07, Florida Statutes.
SECTION 12 . LAW REFERENCES. All references to statutes,
rules, and agency practices shall be construed to mean those
statutes, rules and practices as they may be amended from time to
time.
IN WITNESS WHEREOF, the parties have executed this Agreement
in form sufficient to bind them as of the date first above written.
LAKE LOTTA, LTD. , a Florida
limited partnership
By: Lotta GP, nc. , a Florida
corpora y • j , its managing
genera .r tner
Witn ses:
4(
/-ezE,,, By• lv
Name: Cris Novo4
------,k Name: Barry S. Goodman
Ca /r President
Name: Lisa A. Holmes Its: IQ "
Date: 1012,4 (iLf
5
HOMART DEVELOPMENT CO. , a
Delaware corporation
Witnesses• 4(-1__a, -,.
By
Name: /7'/---s 7 - /- 7_,,
Name: /�C\ ��,- //j//2 —
N /Jr V -
I�s 4iv.�7— Its:
f
Date: / /� �� �y
STATE OF FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS, an agency of
the State of Florida
Wia es: • � i
ob ,
c,_/•
_ By:
D.
A,t
ame: JAMtD
S , S/ JSBvtc n
Name: C1tarlec I a4-1- iSon
ez,...a... ._j_______L5,,,...,.._, ,i,,,
Name: CQ.t 1e,,.) E31'5-h Its: DtU/ S1 oil Direc. or
Date: /VZ 2/f' 2
6
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before the this
24th day of October , 1994, by Barry S. Goodman , as
President of LOTTA G.P. , INC. , a Florida corporation,
managing general partner of LAKE LOTT LTD. , a Florida lhm1.ted
partnership, on behalf of the partnership.
r ( n
ignature of Notary Pub8b
• tiU.• Joanne Hughey
.. .c.� . (Print Notary Name)
3 TA f `%— : My Commission Expires: 2/15/95
AFFIX NOTAR4 cSTAM.I2s Commission No. :
FE3 Is 1445
No C:3406ti
A, c ' 21 Personally known, or
o. ; ❑ Produced Identification
�� F\-°,. Type of Identification Produced:
LL1a,Ol 5
STATE OF . A
COUNTY OF COCK
The foregoing instrument was acknowledged before me this
th day of kJ°ver- , 1994, by acx Gt«; o , as
h;rs` tcz ?c"s,ct.Q At t of HOMART DEVELOPMENT CO. , a Delaware
corporation, on behalf of the p 'r. caycc-0.+l 00
Signature of Notary Public
Charlei) a Jorto
(Print Notary Name)
My Commission Expires: -Z't --9
AFFIX NOTARY STAMP Commission No. :
Personally known, or
" OFFICIAL SEAL " 0 Produced Identification
CHARLENE M. SARTO Type of Identification Produced:
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 1/24/98
7
STATE OF FLO DA
COUNTY OF
The foregoing instrument was acknowledged before me this
'V'- day of `'Irt.GrAJP-o,. , 1994, by A-//, , as
pi /i Si sN giRecf+ti- of STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS, a Florida governmental agency, on behalf of the State of
Florida, DEPARTMENT OF COMMUNITY AFFAIRS.
a
kx?
=tune of Notary Public
(Print Notary Name)
My Commission Expires: 6, //7
AFFIX NOTARY STAMP Commission No. : 7tcc.3iiG/7
Personally known, or
0 Produced Identification
Type of Identification Produced:
PREPARED BY:
Thomas A. Cloud, Esquire
GRAY, HARRIS & ROBINSON, P.A.
201 East Pine Street, Suite 1200
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880
lkd:10/20/94:427.9
8
EXHIBIT "A" Page 1 of 2
DESCRIPTION:
That part of Section 21, Township 22 South, Range 28 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.I8 feet to the Southwest corner thereof; thence run
N 00°I5'09" 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 HAMMOCKS, recorded in
Plat Book 24, Pages 49 and SO 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 line 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 nun 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°10'51" 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 fur a distance of 7(1.59 feet: thence run
N 48°28'10" W for a distance of 20.0(1 fe.i: th;ncr run S 4I`31'5(1" \\
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 for a 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°5514" for a distance of 21.13
feet; thence run S 6692'48" 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°1116" 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.
Containing 63.936 acres more or less and being subject to any rights-of-
way, restrie+rnns and easements of record.
EDIT "A" Page 2 of 2
AND: DESCRIPTION:
That part of Section 21,Township 22 South. Range 28 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 89'32'59"E along the North line
of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION,
LAKE LOTTA 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 Southerly prolongation 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 89'2602"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 . fora distance of 343.13 feet to the
North Right-of-Way line of State Road No. 50(150' R/W); thence run •
S 89°48'09"W along said North Right-of-Way lin;for a distance of
1106.89 feet to the West line of Tract 6 of said ORLANDO GROVES
ASSOCIATION. LAKE LOTTA 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 LOTTA 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 II; thence run N 00°0323"W along the
West line of said Tract 11 for a distance of 649.15 fedi; 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 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 13.2024"E, said point being on the East Right-of-
Way line of CIatk Road (100'R/W); thence run the following 13 courses
along said East Right-of-Way line; thence run Northeasterly along the arc
of said curve thmueh a central angle of l9°33"16" for a distance of 406.5')
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 18.87 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°47'13"E; thence run
Northeasterly along the arc of said curve through a central angle of
17°29'14" for a distance of 363.50 feet; thence run N 41'31'50" E for a
distance of 501.23 feet; thence run S 48°28'10" E for a distance of 20.00
feet; thence run N 41°3 1'50" E for a distance of 20.00 feet: thence run
N 48°28'10" W for a distance of 20.00 feet; thence run N 41°31'50" E
for a distance of 70.59 feet to the point of curvature of a curve concave
Northwesterly having a radius of 1291.00 feet; 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°5643"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" E
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"E 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 1'
distance of 334.19 feet to the POINT OF BEGINNING. 1
Containing 165.324 acres more or less and being subject to any rights-of- ",Ari
way,restrictions and easements of record.
EXHIBIT "B"
LAKE LOTTA MALL
Being all that tract or parcel of land lying and being parts of
Section 21, Township 22 South. Range 28 East, Orange County,
Florida and more particularly described as follows:
COMMENCE at the East quarter corner of Section 21, Township
22 South, Range 28 East; thence S 89 degrees 42 minutes
47 seconds W. a distance of 1336.77 feet to a point being
the N. E. corner of the N. W. quarter of the S. E. quarter
of said Section 21 and being the POINT OF BEGINNING;
thence S 0 degrees 14 minutes 27 seconds W. along the east
line of the N. W. quarter of the S. E. quarter of said
Section 21. a distance of 1325.27 feet; thence N 89 degrees
32 minutes 59 seconds E. a distance of 90.63 feet; thence
S 0 degrees 14 minutes 27 seconds W. a distance of 944.21 feet;
thence S 89 degrees 26 minutes 02 seconds W, a distance of 180.83
feet; thence S 19 degrees 55 minutes 46 seconds W, a distance of
343.13 feet to its intersection with the north right of way of
State Road 50, having a 150 foot right of way; thence along the
north right of way of State Road 50 at a bearing of S 89 degrees
48 minutes 09 seconds W, a distance of 1106.89 feet; thence
N 0 degrees 02 minutes 25 seconds E, a distance of 611.73
feet. leaving the north right of way of State Route 50; thence
S 89 degrees 48 minutes 24 seconds W, a distance of 678.02 feet;
thence N 0 degrees 03 minutes 23 seconds W, ,a distance of 649.15
feet; thence S 89 degrees 46 minutes 31 seconds W, a distance of
303.32 feet intersecting the east right of way of Clark Road
having a 100 foot right of way; to a point on a non-tangent
curve, concave southeasterly, having a radius of 1191.00 feet
and a central angle of 19 degrees 33 minutes 36 seconds, thence
northerly along the arc of said curve to the right, a distance
of 406.59 feet, said arc subtended by a chord which bears N 13
degrees 20 minutes 24 seconds E. a distance of 404.62 feet to
the end of the curve; thence along said right of way S 66
degrees 52 minutes 48 seconds E, a distance of 20.00 feet; to
the beginning of a curve. concave southeasterly, having a radius of
1171.00 feet and a central angle of 0 degrees 55 minutes 24
seconds; thence northerly along the arc of said curve to the
right, a distance of 18.87 feet, said arc subtended by a chord
which bears N 23 degrees 34 minutes 54 seconds E, a distance of
18.87 feet to the end of the curve; thence along the easterly
right of way of Clark Road N 65 degrees 57 minutes 24 second W,
a distance of. 20.00 feet; to the beginning of a curve, concave
southeasterly, having a radius of 1191.00 feet and a central
angle of 17 degrees 29 minutes 15 seconds; thence northerly
along the arc of said curve to the right, a distance of
363.50 feet, said arc subtended by a chord which bears N 32
degrees 47 minutes 13 seconds E, a distance of 362.10 feet to the
end of the curve; thence remaining along the easterly; right of
way of Clark Road N 41 degrees 31 minutes 50 seconds E, a
distance of 501.23 feet; thence S 48 degrees 28 minutes 10
seconds E, a distance of 20.00 feet along said right of way;
thence along the right of way of Clark Road. N 41 degrees 31
erinutes 50 seconds E. a distance 20.00 feet; thence N 48 degrees
29 minutes 10 seconds W along said right of way. a distance of
20.00 feet; thence along the right of way of Clark Road N 41
degrees 31 minutes 50 seconds E, a distance of 70.59 feet; to
the beginning of a cu. z, concave northwesterly, 1.aving a radius
of 1291.00 feet and a central angle of 41 degrees 20 minutes 59
seconds; thence northerly along the arc of said curve to the
left, a distance of 931.70 feet, said arc subtended by a chord
which bears N 20 degrees 51 minutes 21 seconds E, a distance of
911.61 feet to the end of the curve; thence along the east right
of way of Clark Road N 0 degrees 10 minutes 51 seconds E. a
distance of 208.91 feet. ; thence S 89 degrees 49 minutes 09 seconds E.
a distance of 955.13. leaving the east right of way of Clark Road;
thence S 0 degrees 04 minutes 19 seconds E. a distance of 878.68
feet; thence N 89 degrees 42 minutes 47 seconds, a distance of
334.19 feet to the POINT OF BEGINNING.
Containing 130.000 acres of land, more or less.
EXHIBIT "C" Page 1 of 3
•
DESCRIPTION:
That part of Section 21,Township 22 South, Range 28 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, recorded 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 line 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°41'03" 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°10'51" 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 fur a distance of 70.59 feet: thence run
N 48°28'10" W for a distance of 2(1.0(1 feet: tli,nrr run S 41431'5(1" \\
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 for a 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 \Vest line of said Northeast 1/4 of the Southwest I/4 for a
distance of 1327.57 feet to the POINT OF BEGINNING. NAQII
(ft
Containing 63.936 acres more or less and being subject to any rights-of-
way, restricf;nns and easements of record.
EXHIBIT "C" Page 2 of 3
AND: DESCRIPTION:
•
That part of Section 21.Township 22 South, Range 28 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 00'14'27"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 89.32'59" E along the North line
of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION,
LAKE LOTTA 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 Southerly prolongation 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 89°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 . fora distance of 343.13 feet to the
North Right-of-Way line of State Road No. 50(150' R/W); thence run
S 89°48'09"W along said North Right-of-Way lin; for a distance of
1106.89 feet to the West line of Tract 6 of said ORLANDO GROVES
ASSOCIATION, LAKE LOTTA 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 Iine of Tract 13 of said ORLANDO GROVES
ASSOCIATION, LAKE LOTTA 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 1I; thence run N 00°0373"W along the
West line of said Tract 11 for a distance of 649.15 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 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 13'20'24"E, said point being on the East Right-of-
Way line of Clack Road (100'R/W); thence run the following 13 courses
along said East Right-of-Way line; thence run Northeasterly along the an:
of said curve through a central angle of 19°3336" for a distance of 406.5'1
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 18.87 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 1 191.00.feet and a chord bearing of N 32°47'13" E; thence run
Northeasterly along the arc of said curve through a central angle of
17°29'14" fur a distance of 363.50 feet; thence run N 41'31'50" E for a
distance of 501.23 feet; thence run S 48°28'10" E for a distance of 20.00
feet; thence run N 41°31'50" E for a distance of 20.00 feet; thence run
N 48°28'10"W fur a distance of 20.00 feet; thence run N 41°31'50" E
for a distance of 70.59 feet to the point of curvature of a curve concave
Northwesterly having a radius 0( 1791.00 feet; 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 89.4215" E
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 li4 of the Southeast 1/4 of Section 21 for a
distance of 334.19 feet to the POINT OF BEGINNING. it
Containing 165.324 acres more or less and being subject to any rights-of-
way, restrictions and easements of record.
Leser EXHIBIT "C" Page 3 of 3
LAKE LOTTA MALL
Being all that tract or parcel of land lying and being parts of
Section 21. Township 22 South, Range 28 East, Orange County.
Florida and more particularly described as follows:
COMMENCE at the East quarter corner of Section 21. Township
22 South. Range 28 East; thence S 89 degrees 42 minutes
47 seconds W. a distance of 1336.77 feet to a point being
the N. E. corner of the N. W. quarter of the S. E. quarter
of said Section 21 and being the POINT OF BEGINNING;
thence S 0 degrees 14 minutes 27 seconds W. along the east
line of the N. W. quarter of the S. E. quarter of said
Section 21. a distance of 1325.27 feet; thence N 89 degrees
32 minutes 59 seconds E, a distance of 90.63 feet; thence
S 0 degrees 14 minutes 27 seconds W. a distance of 944.21 feet;
thence S 89 degrees 26 minutes 02 seconds W. a distance of 180.83
feet; thence S 19 degrees 55 minutes 46 seconds W, a distance of
343.13 feet to its intersection with the north right of way of
State Road 50. having a 150 foot right of way; thence along the
north right of way of State Road 50 at a bearing of S 89 degrees
48 minutes 09 seconds W, a distance of 1106.89 feet; thence
N 0 degrees 02 minutes 25 seconds E. a distance of 611.73
feet. leaving the north right of way of State Route 50; thence
S 89 degrees 48 minutes 24 seconds W, a distance of 678.02 feet;
thence N 0 degrees 03 minutes 23 seconds W, a distance of 649.15
feet; thence S 89 degrees 46 minutes 31 seconds W. a distance of
303.32 feet intersecting the east right of way of Clark Road
having a 100 foot right of way; to a point on a non-tangent
curve, concave southeasterly, having a radius of 1191.00 feet
and a central angle of 19 degrees 33 minutes 36 seconds. thence
northerly along the arc of said curve to the right. a distance
of 406.59 feet, said arc subtended by a chord which bears N 13
degrees 20 minutes 24 seconds E. a distance of 404.62 feet to
the end of the curve; thence along said right of way S 66
degrees 52 minutes 48 seconds E, a distance of 20.00 feet; to
the beginning of a curve, concave southeasterly, having a radius of
1171.00 feet and a central angle of 0 degrees 55 minutes 24
seconds; thence northerly along the arc of said curve to the
- right, a distance of 18.87 feet, said arc subtended by a chord
which bears N 23 degrees 34 minutes 54 seconds E. a distance of
18.87 feet to the end of the curve; thence along the easterly
right of way of Clark Road N 65 degrees 57 minutes 24 second W,
a distance of 20.00 feet; to the beginning of a curve, concave
southeasterly, having a radius of 1191.00 feet and a central
angle of 17 degrees 29 minutes 15 seconds; thence northerly
along the arc of said curve to the right, a distance of
363.50 feet, said arc subtended by a chord which bears N 32
degrees 47 minutes 13 seconds E. a distance of 362.10 feet to the
end of the curve; thence remaining along the easterlx right of
way of Clark Road N 41 degrees 31 minutes 50 seconds E. a
distance of 501.23 feet; thence S 48 degrees 28 minutes 10
seconds E, a distance of 20.00 feet along said right of way;
thence along the right of way of Clark Road. N 41 degrees 31
minutes 50 seconds S. a distance 20.00 feet; thence N 48 degrees
29 minutes 10 seconds W along said right of way, a distance of
20.00 feet; thence along the right of way of Clark Road N 41
degrees 31 minutes 50 seconds E, a distance of 70.59 feet; to
the beginning of a cu. le, concave northwesterly, ,,awing a radius
of 1291.00 feet and a central angle of 41 degrees 20 minutes 59
seconds; thence northerly along the arc of said curve to the
left. a distance of 931.70 feet. said arc subtended by a chord
which bears N 20 degrees 51 minutes 21 seconds E. a distance of
911.61 feet to the end of the curve; thence along the east right
of way of Clark Road N 0 degrees 10 minutes 51 seconds E. a
distance of 208.91 feet. ; thence S 89 degrees 49 minutes 09 seconds E.
a distance of 955. 13, leaving the east right of way of Clark Road;
thence S 0 degrees 04 minutes 19 seconds E. a distance of 878.68
feet: thence N 89 degrees 42 minutes 47 seconds, a distance of
334. 19 feet to the POINT OF BEGINNING.
Containing 130.000 acres of land, more or less.
AGENDA 1-26-95
. . ITEM III C
1
z
3 PROPOSED DEVELOPMENT ORDER (PRINT DATE: 1/20/95)
4
5
6
7
8
9
10
11 DEVELOPMENT ORDER
12
13 LAKE LOTTA MALL
14 DEVELOPMENT OF REGIONAL IMPACT
15 CITY OF OCOEE, FLORIDA
16
17
18 WHEREAS, It is the intent of the State of Florida, as
19 expressed in Chapter 380, Florida Statutes, to protect the natural
20 resources and environment of the state, facilitate orderly and well
21 planned development, protect the health, welfare, safety and
22 quality of life of the residents of the state; and
23
24 WHEREAS, The State of Florida has established land and water
25 management policies to guide and coordinate local decisions
26 relating to growth and development, and has determined that such
27 policies should, to the maximum possible extent, be implemented by
28 local governments through existing processes for the guidance of
29 growth and development, and has also determined that all the
30 existing rights of private property shall be preserved in accord
31 with the constitutions of the State of Florida and the United
32 States; and
33
34 WHEREAS, The Development of Regional Impact review program has
35 been established by the State of Florida in recognition that
36 certain development projects will, because of their character,
37 magnitude or location, have a substantial effect on the health,
38 safety or welfare of the citizens of more than one county; and
39
40 WHEREAS, Homart Development Co. , a Delaware corporation, has
41 filed an Application for Development Approval for a Development of
42 Regional Impact called Lake Lotta Mall and relating to real
43 property located within the City of Ocoee, Florida; and
44
45 WHEREAS, this application has been reviewed by the East
46 Central Florida Regional Planning Council and the City of Ocoee, in
47 accordance with the requirements of Chapter 380, Florida Statutes.
48
49 NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City
50 Commission of the City of Ocoee, Florida, that, based upon the
51 Findings of Fact and Conclusions of Law set forth below, the Lake
52 Lotta Mall Development of Regional Impact is APPROVED pursuant to
53 Section 380.06, Florida Statutes, subject to the following terms
54 and conditions:
55
eca
1
2 PART I. FINDINGS OF FACT AND CONCLUSIONS OF LAW
3
4 A. FINDINGS OF FACT. The City Commission of the City of Ocoee,
5 Florida hereby makes the following Findings of Fact:
6
7 1. On or about August 31, 1993, Homart Development Co., a
8 Delaware corporation (hereinafter referred to as "Developer") ,
9 whose principal place of business is 3500 Piedmont Road,
10 Northeast, Securities Centre, Suite 529, Atlanta, GA 30305,
11 filed an Application for Development Approval pursuant to
12 Chapter 380. 06, Florida Statutes for a Development of Regional
13 Impact (DRI) called Lake Lotta Mall relating to real property
14 located in the City of Ocoee, Florida (hereafter referred to
15 as "City") which is more particularly described in Exhibit "A"
16 attached to and by this reference incorporated in this
17 Development Order and hereafter referred to as the "Property".
18 The Property consists of a total of 130.0 acres.
19
20 2. On or about December 23, 1993, the Developer filed with the
21 East Central Florida Regional Planning Council (hereinafter
22 referred to as the "ECFRPC") , a First Sufficiency Response and
23 on or about February 4, 1994 filed with the ECFRPC a Second
24 Sufficiency Response thereby amending the DRI/ADA. Further,
25 on or about August 17, 1994, the Developer filed with the City
26 certain Revisions to the DRI/ADA. The ADA, First Sufficiency
27 Response, Second Sufficiency Response and Revisions to the
28 DRI/ADA are incorporated herein by reference.
29
30 3 . The Developer's authorized agent is Jack Oliaro, Homart
31 Development Co. , Security Centre, Suite 529, 3500 Piedmont
32 Road, Northeast, Atlanta, GA 30305.
33
34 4. The owner of the Property is Lake Lotta, Ltd. , a Florida
35 limited partnership (hereinafter referred to as the "Owner") .
36
37 5. The Developer is the authorized agent of the Owner of the
38 Property and has the authority to file the Application for
39 Development Approval (ADA) and obtain a Development Order with
40 respect to the Property in accordance with Section 380.06,
41 Florida Statutes.
42
43 6. The Property does not lie within an Area of Critical State
44 Concern.
45
46 7. The application has been reviewed by and recommendations have
47 been received from the East Central Florida Regional Planning
48 Council as the regional planning agency which after balancing
49 the identified regionally significant impacts associated with
50 each of the six criteria of Subsection 380.06(12) (a) , Florida
51 Statutes, recommended to the City that the Lake Lotta Mall DRI
2
1 Application for Development Approval be approved subject to
2 specific conditions.
3
4 8. All public hearings as required by Section 380.06, Florida
5 Statutes, have been duly noticed and held, including without
6 limitation, hearings before the City Planning and Zoning
7 Commission on April 14, 1994 and January 12, 1995, and the
8 City Commission of the City of Ocoee on May 2, 1994 and
9 January 26, 1995.
10
11 9. The Developer submitted to the City an application to amend
12 the City of Ocoee Comprehensive Plan, dated August 1993 for
13 review and approval in conjunction with the ADA for the Lake
14 Lotta Mall DRI. The application to amend the City of Ocoee
15 Comprehensive Plan consists of a. request to amend the Future
16 Land Use Map to change portions of the future land use
17 designation of the Property to Commercial from the
18 designations as set forth below:
19
20 Current Future Acres
21 Land Use Designation
22
23 High Density Residential 60.4
24 Medium Density Residential 37.3
25 Low Density Residential 20.4
26 Acres already commercial (11.9)
27 130.0 Total Acres
28
29 Such amendment has been reviewed and concurrently heard and
30 approved by the adoption of Ordinance No. 95-01, all as
31 required by Section 380.06(6) , Florida Statutes.
32
33 10. The Developer has submitted to the City an application and
34 Land Use Plan for Planned Unit Development ("PUD") zoning,
35 dated October 8, 1993, for the Property for review and
36 approval in conjunction with the ADA for the Lake Lotta Mall
37 DRI.
38
39 11. The future land use designation of the Property under the City
40 of Ocoee Comprehensive Plan, as amended by Ordinance No. 95-
41 01, is Commercial.
42
43 12. The proposed development program for the Lake Lotta Mall DRI
44 consists of the following:
45
46 (a) Total Development
47
48
3
1 LAKE LOTTA MALL
2 DEVELOPMENT PROGRAM BY PHASE
3 LAND USE PHASE I PHASE II
(2002)* (2005).
4 RETAIL GLA GSF GLA GSF
5 Mall 1, 100, 000 1,245,276 150, 000 155,955
6 Peripheral Retail 100, 000 105,000 150, 000 157,000
7 Total 1,200,000 1, 350,276 300, 000 312,955
8
9 LAND USE TOTAL ALL PHASES PARKING
10 RETAIL GLA GSF
11 Mall 1,250, 000 1,401,231 6,250
spaces
12 Peripheral Retail 250,000 262,000 1,250
spaces
13 Total - All Phases 1,500,000 1,663,231 7,500
spaces
14 -
15 GLA = Gross Leasable Area
16 GSF = Gross Square Feet
17
18
19 RETAIL USES include all uses permitted under the City Land
20 Development Code within a C-2 Zoning District, including but
21 not limited to retail mall, retail, restaurants, a movie
22 theater, an auto service/gasoline sales center, and related
23 retail activities, but expressly excluding the following uses
24 which are hereby prohibited: gasoline stations, automobile
25 sales, commercial convenience stores with or without gas
26 sales, equipment sales, drive-in restaurants with no inside
27 seating, miniature golf courses, pawn shops and funeral homes.
28
29
30 Upon written request to the City, the Developer shall have the
31 right to increase the Peripheral Retail use up to an
32 additional 50, 000 square feet GLA (52,400 GSF) by reducing
33 retail square footage in the Mall without the necessity of
34 This Development Order has extended the dates of each phase by 4
35 years 11 months after the dates provided in the ADA. Extensions to the phase
36 dates may be made pursuant to 8380.06(19), Florida Statutes. Any future
37 extensions shall be reviewed cumulatively with the extensions provided by this
38 Development Order condition to the original phase dates projected in the ADA.
4
1 modifying this Development Order, under the following
2 parameters:
3
4 (i) Any transfer shall be based on trip generation
5 levels, since Peripheral Retail will generate more trips
6 per thousand square feet than will the Mall retail;
7
8 (ii) Additional on-site and near-site traffic analysis
9 shall be conducted to the City of Ocoee's satisfaction
10 when additional Peripheral Retail development is
11 proposed. The Developer shall not be entitled to
12 increase the Peripheral Retail as set forth above unless
13 the City determines that the additional on-site and near-
14 site traffic analysis is satisfactory; and
15
16 (iii) The Developer shall not be entitled to increase
17 the Peripheral Retail as set forth above unless the
18 Developer has been issued a building permit for a mall of
19 at least 800, 000 gross square feet and has commenced
20 construction pursuant thereto.
21
22 (b) Wetlands None
23
24 (c) Wildlife Protection
25 Area (Uplands) None
26
27 (d) Parking Spaces 7,500 spaces
28
29
30 (e) Estimated External
31 Traffic Generation for the
32 DRI Projects (excluding
33 internal capture
34 of 100 ADTs) :
35
36 (i) Phase I
37
38 (a) Lake Lotta Mall DRI 41,503 ADT
39 (b) Lake Lotta Center DRI 2,715 ADT
40 (c) Total Phase I 44,218 ADT
41
42 (ii) Phase II
43
44 (a) Lake Lotta Mall DRI 10,084 ADT
45 (b) Lake Lotta Center DRI 16,389 ADT
46 (c) Total Phase II 26,473 ADT
47
48 (iii) Phase I and II for
49 the DRI Projects
50 (excluding internal
51 capture of
52 3,460 ADTs) : 70,691 ADT
5
1
2 (f) Water Supply Provided By:
3 City of Ocoee in accordance with established
4 ordinances, resolutions and policies, and the Water
5 and Sewer Agreements as hereinafter defined
6
7 (g) Wastewater Service Provided By:
8 City of Ocoee in accordance with established
9 ordinances, resolutions and policies, and the Water
10 and Sewer Agreements as hereinafter defined
11
12 (h) Fire Protection Provided By:
13 City of Ocoee in accordance with established
14 ordinances, resolutions and policies
15
16 (i) Project Phasing:
17 Two
18
19 13. The lands which are the subject of the DRI Projects have been
20 previously approved for development by the City in accordance
21 with (i) that certain Land Use Plan for the Lake Lotta PUD as
22 approved by the City Commission of the City of Ocoee on
23 November 22, 1988, (the "Original Lake Lotta Land Use Plan") ,
24 and (ii) that certain Development Agreement (Contract No. D88-
25 10) dated November 22, 1988, between the City and Lake Lotta,
26 Ltd. , as amended on August 21, 1990 (the "Original Lake Lotta
27 PUD Development Agreement") (collectively, the "Original Lake
28 Lotta PUD") . The City has previously issued Revised
29 Certificate of Vesting Number CV-93-07R, dated September 28,
30 1993 (the "Lake Lotta PUD Vested Rights Certificate") which
31 found the Original Lake Lotta PUD to be vested for a total of
32 20,939 average daily trips with respect to development in
33 accordance with the Original Lake Lotta PUD. Lake Lotta, Ltd.
34 has previously requested that the City agree to allocate the
35 vested average daily trips ("ADT's") under the Lake Lotta PUD
36 Vested Rights Certificate as follows: (i) 18,224 ADT's to the
37 Property for use only in connection with. Phase I of the Lake
38 Lotta Mall DRI; and (ii) 2,715 ADT's to the land to be
39 developed pursuant to the Lake Lotta Center DRI for use only
40 in connection with the Lake Lotta Center DRI Phase I Low
41 Density Residential and High Density Residential developments.
42 The City has previously approved the aforesaid request of Lake
43 Lotta, Ltd. to allocate the vested ADT's under the Lake Lotta
44 PUD Vested Rights Certificate, such approval being subject to
45 the adoption of DRI development orders for both the Lake Lotta
46 Center DRI and the Lake Lotta Mall DRI and both of said
47 development orders becoming effective.
48
49 14. In accordance with an agreement between the Developer and the
50 Owner, the Owner will assign to the Developer, its successors
51 and assigns, certain rights to water and sewer service
52 capacity as set forth in and pursuant to the terms and
6
1 conditions of (1) the City of Ocoee, Florida - Water Plant No.
2 4 Potable Water Supply Agreement dated January 24, 1984 (the
3 "1984 Water Supply Agreement") , (2) certain Wastewater
4 Developer's Agreements dated December 30, 1987, having
5 Contract Numbers OWW-87-2, OWW-87-3, OWW-87-4, OWW-87-5, OWW-
6 87-8, OWW-87-10, OWW-87-11, and OWW-87-12 (the "New
7 Agreements") , (3) that Purchase and Sale Agreement dated
8 December 3 , 1987, as amended (the "1987 Sale Agreement") , (4)
9 those Stipulations for Settlement dated December 21, 1987, in
10 the Ninth Judicial Circuit Court (Case No. CI 87-2462) and the
11 United Stated District Court, Middle District (Case No. 87-
12 387-CIV-ORL-19) and that City Resolution No. 87-23, dated
13 December 29, 1987 authorizing certification of the
14 Stipulations (the "Stipulations") , (5) that Developer's
15 Agreement dated November 22, 1988 by and between the City and
16 Owner (the "November 22, 1988 Developers' Agreement for Water
17 Service") , (6) that Amendment to City of Ocoee Waste Water
18 Developers' Agreements Nos. OWW-87-2, OWW-87-3, OWW-87-4, OWW-
19 87-5, OWW-87-8, OWW-87-10, OWW-87-11, and OWW-87-12 dated
20 October 1, 1992 (the "October 1, 1992 Agreement") and (7) that
21 Water and Sewer Revenue and Maintenance Fee Agreement dated as
22 of January 17, 1995. These seven items are hereby
23 collectively referred to as the "Water and Sewer Agreements".
24
25 B. CONCLUSIONS OF LAW. Based upon the Findings of Fact and the
26 Conditions of Approval hereinafter set forth, the City Commission
27 of the City of Ocoee, Florida hereby makes the following
28 Conclusions of Law:
29
30 1. The development permitted by this Development Order is
31 consistent with the achievement of the objectives of the State
32 Comprehensive Plan and the State Land Development Plan and
33 therefore will not unreasonably interfere with those
34 objectives.
35
36 2. The development permitted by this Development Order is
37 substantially consistent with the report and recommendations
38 of the East Central Florida Regional Planning Council.
39
40 3. The development permitted by this Development Order is
41 consistent with the adopted City of Ocoee Comprehensive Plan,
42 as amended, and the City of Ocoee land development regulations
43 and adequate public facilities are available for Phase I of
44 the Project.
45
46 PART II. CONDITIONS OF APPROVAL
47
48 A. GENERAL CONDITIONS
49
50 1. The definitions contained in Chapter 380, Florida Statutes,
51 shall govern and apply to this Development Order.
52
7
1 2. This Development Order shall be binding upon the Developer,
2 its assignees, or successors in interest, including any entity
3 that may assume any of the responsibilities imposed on the
4 Developer by this Development Order. Reference herein to any
5 public agency shall be construed to mean any agency that may
6 in the future be created or designated as a successor in
7 interest to, or that otherwise will possess any of the powers
8 and duties of the public agency with respect to the
9 implementation and administration of the DRI program and the
10 terms and conditions of this Development Order.
11
12 3. For the purposes of this Development Order, "the Project" is
13 the work and development that is to occur on the Property as
14 permitted through this Development Order. The Project shall
15 consist of no more than the following uses:
16
17 LAKE LOTTA MALL
18 DEVELOPMENT PROGRAM BY PHASE
19
20
21 LAND USE PHASE I PHASE II
(2002)* (2005)
22 RETAIL GLA GSF GLA GSF
23 Mall 1,100,000 1,245,276 150,000 155,955
24 Peripheral Retail 100,000 105,000 150,000 157,000
25 Total 1,200,000 1,350,276 300, 000 312,955
26
27
28 LAND USE TOTAL ALL PHASES PARKING
29 RETAIL GLA GSF
30 Mall 1,250,000 1,401,231 6,250
spaces
31 Peripheral Retail 250, 000 262, 000 1,200
spaces
32 Total 1,500, 000 1,663,231 7,500
spaces
33
34
35 This Development Order has extended the dates of each phase by
36 4 years 11 months after the dates provided in the ADA. Extensions to the phase
37 dates may be made pursuant to S380.06(19), Florida Statutes. Any future
38 extensions shall be reviewed cumulatively with the extensions provided by this
39 Development Order condition to the original phase dates projected in the ADA.
8
1 GLA = Gross Leasable Area
2 GSF = Gross Square Feet
3
4
5 RETAIL USES include all uses permitted under the City Land
6 Development Code within a C-2 Zoning District, including but
7 not limited to retail mall, retail, restaurants, a movie
8 theater, an auto service/gasoline sales center and related
9 retail activities, but expressly excluding the following uses
10 which are hereby prohibited: gasoline stations, automobile
11 sales, commercial convenience stores with or without gas
12 sales, drive-in restaurants with no inside seating, equipment
13 sales, miniature golf courses, pawn shops and funeral homes.
14
15 Upon written request to the City, the Developer shall have the
16 right to increase the Peripheral Retail use up to an
17 additional 50, 000 square feet GLA (52,400 GSF) by reducing
18 retail square footage in the Mall without the necessity of
19 modifying this Development Order, under the following
20 parameters:
21
22 (i) Any transfer shall be based on trip generation
23 levels, since Peripheral Retail will generate more trips
24 per thousand square feet than will the Mall retail;
25
26 (ii) Additional on-site and near-site traffic analysis
27 shall be conducted to the City of Ocoee's satisfaction
28 when additional Peripheral Retail development is
29 proposed. The Developer shall not be entitled to
30 increase the Peripheral Retail as set forth above unless
31 the City determines that the additional on-site and near-
32 site traffic analysis is satisfactory; and
33
34 (iii) The Developer shall not be entitled to increase
35 the Peripheral Retail as set forth above unless the
36 Developer has been issued a building permit for a mall of
37 at least 800,000 gross square feetand has commenced
38 construction pursuant thereto.
39
40 4. The Project shall consist of no more than 1,663,231 gross
41 square feet of retail space with 7,500 parking spaces on 130
42 acres as more fully set forth in Condition 3 of Part II(A)
43 above and shall be developed in accordance with the Revised
44 Master Development Plan (Revised Map H from ADA) , which is
45 presented as Exhibit "B" of this Development Order and by this
46 reference incorporated in this Development Order.
47
48 5. The Project shall be developed in accordance with the
49 information, data, plans and commitments contained in the Lake
50 Lotta Mall DRI/ADA and its Supplemental Information, unless
51 otherwise directed by the conditions enumerated herein. For
9
1 the purpose of this condition, the ADA shall consist of the
2 following items:
3
4 (a) Lake Lotta Mall DRI Application for Development Approval
5 dated August, 1993;
6
7 (b) First Sufficiency Response dated December, 1993 ;
8
9 (c) Second Sufficiency Response dated February, 1994;
10
11 (d) Revisions to the DRI/ADA dated August, 1994;
12
13 (e) Letter dated September 22, 1994 from John H. Percy to
14 Fred Milch of ECFRPC;
15
16 (f) Letter dated September 23, 1994 from Aaron Dowling,
17 Executive Director of the ECFRPC, to Mayor S. Scott
18 Vandergrift;
19
20 (g) Letter dated November 15, 1994 from John H. Percy to Jim
21 Grant;
22
23
24 (h) Letter dated November 30, 1994 from John H. Percy to Fred
25 Milch of the ECFRPC;
26
27 (i) Letter dated December 5, 1994 from Aaron Dowling,
28 Executive Director of ECFRPC, to Ellis Shapiro, City
29 Manager;
30
31 (j) Letter dated December 19, 1994 from Tom Cloud to Aaron
32 Dowling, Executive Director of ECFRPC; and
33
34 (k) Letter dated December 21, 1994 from Aaron Dowling,
35 Executive Director of ECFRPC, to Ellis Shapiro, City
36 Manager.
37
38 6. The Lake Lotta Center DRI is a proposed development that is
39 adjacent and contiguous to portions of the Project and
40 consists of commercial and residential land use components.
41 The Lake Lotta Mall DRI and the Lake Lotta Center DRI
42 (hereinafter collectively referred to as the "DRI Projects")
43 are two separate and distinct projects which will be owned by
44 unrelated owners at the time of issuance of the first building
45 permit for either of the DRI Projects. The City is approving
46 a development order for the Lake Lotta Center DRI on the same
47 date as it is approving this Development Order. After
48 adoption of the separate DRI development orders, each
49 development will be regulated by their respective DRI
50 development orders and without consideration of the other
51 project except for the areas of housing, transportation, air
52 quality, wildlife and vegetation, and wetlands as set forth in
10
1 that certain Lake Lotta DRI Processing Agreement dated
2 November 22, 1994, entered into by the Developer, Lake Lotta,
3 Ltd. , and the State of Florida Department of Community Affairs
4 pursuant to Section 380.032 (3) , Florida Statutes (hereinafter
5 referred to as the "DRI Processing Agreement") , said DRI
6 Processing Agreement being incorporated herein by reference
7 and made a part hereof in the same manner as if fully set
8 forth herein. In the event of any conflict between this
9 Development Order and the DRI Processing Agreement, the
10 provisions of the DRI Processing Agreement shall control.
11
12 B. TERMS AND CONDITIONS RECOMMENDED BY THE EAST CENTRAL FLORIDA
13 REGIONAL PLANNING COUNCIL, AS AMENDED.
14
15 Archaeological Sites
16
17 1. Archaeological Protection Requirements. Project construction
18 personnel shall be notified, through posted advisories or
19 other methods, of the potential for artifact discoveries on
20 the site and to report suspected findings to the Project
21 manager. In the event of discovery of artifacts of historical
22 or archaeological significance during Project construction,
23 the Developer shall stop construction at the site of
24 discovery and notify the City of Ocoee and the Division of
25 Historic Resources of the Florida Department of State. From
26 the date of notification, construction shall be suspended
27 within a 100 foot radius of the site of discovery for a period
28 of up to 120 days to allow evaluation of the site.
29
30 Vegetation and Wildlife
31
32 2. Wildlife Protection. Except as otherwise allowable by this
33 Development Order, site development related activities shall
34 not result in the harming, pursuit or harassment of wildlife
35 species classified as endangered, threatened or a species of
36 special concern by either the state or federal government in
37 contraventionof applicable state or federal laws. Should
38 such species be determined to be residing on, or be otherwise
39 significantly dependent upon the sites of the DRI Projects,
40 the Developer shall cease all activities which might
41 negatively affect that individual or population and
42 immediately notify the Florida Game and Fresh Water Fish
43 Commission and the United States Fish and Wildlife Service.
44 Proper protection and habitat management, to the satisfaction
45 of the above agencies, shall be provided by the Developer.
46
47 "Harming" and "harassment" as used in this Condition shall
48 be defined in the same manner as "harm" and "harass"
49 respectively are defined in 50 CFR Section 17.3.
50
51 3. Gopher Tortoise Protection. Mitigation of gopher tortoise
52 impacts shall be accomplished in a manner that is acceptable
11
1 to the Florida Game and Fresh Water Fish Commission and
2 consistent with their applicable guidelines, with the
3 exception that on-site preservation shall not be an option.
4 The final mitigation option shall be determined prior to
5 approval of a final site plan or final subdivision plan by the
6 City of Ocoee.
7
8 Public Facilities
9
10 4. Nonpotable Water Needs. To meet the nonpotable water use
11 demands of the Project, the development shall use, in order
12 of priority:
13
14 i. all treated wastewater made available to the site and
15 which meets state criteria for reuse, up to the entire
16 nonpotable water demand;
17
18 ii. treated stormwater; and
19
20 iii. nonpotable quality groundwater;
21
22 unless otherwise directed by the City, Florida Department of
23 Environmental Protection, the St. Johns River Water Management
24 District, or other jurisdictional regulatory agency. Potable
25 water may be used for irrigation to the extent that lower
26 quality water is not available to meet the entire irrigation
27 need and its use otherwise complies with all applicable
28 governmental regulations.
29
30 5. Irrigation. Irrigation shall be performed in accordance with
31 applicable City of Ocoee ordinances and policies and the
32 Florida Department of Environmental Protection and St. Johns
33 River Water Management District rules and regulations.
34
35 6. Surface Water Management System. The Developer or a property
36 owners' association formed by the Developer shall establish
37 and implement an inspection and maintenance program for all
38 components of the surface water management system for the
39 Project site to assure that the components continue to operate
40 at their design capacities for the life of the Project. This
41 program shall be submitted to the City prior to approval of a
42 final site plan or final subdivision plan for any portion of
43 the Project and shall be subject to review and approval by the
44 City. This program shall include, but not necessarily be
45 limited to:
46
47 i. Stormwater facility operating inspections on a regular
48 basis and following major rainfall events for the removal
49 of excessive sediment, debris or other flow obstructions;
50
51 ii. Routine maintenance activities (e.g. mowing, trash
52 removal, etc. ) ;
12
1 iii. Ongoing educational programs for maintenance staff
2 personnel regarding the correct usage of and application
3 rates for fertilizers and chemicals (e.g. herbicides)
4 within common areas that contribute runoff to the
5 stormwater management facilities, the removal of noxious
6 weeds and retention of desirable aquatic vegetation, and
7 correct procedures for other maintenance/landscaping-
8 related activities which have the potential for adversely
9 affecting water quality conditions on the Project site.
10
11 7. Property Owners' Association. Prior to platting of any
12 portion of the Property, the Developer shall form a property
13 owners' or similar association which will assume drainage
14 system operation and maintenance responsibilities and record
15 restrictive covenants with respect to the matters addressed in
16 Conditions 6 and 7 of Part II(B) of this Development Order.
17 The association shall be created with defined duties and
18 responsibilities regarding the operation and maintenance of
19 the surface water management system and ground and surface
20 water monitoring programs, and have sufficient legal authority
21 and power to establish the mandatory collection of fees and/or
22 assessments from all property owners for use in financing the
23 operation, replacement and maintenance of these systems and
24 programs. The restrictive covenants and documentation
25 forming the association shall be subject to the review and
26 approval of the City. The Developer shall provide acceptable
27 documentation to the City of Ocoee and the St. Johns River
28 Water Management District that this condition has been met at
29 the time that such an entity is-formed.
30
31 Housing
32
33 8. Low Income Housing.
34
35 (a) The Developer has demonstrated that there is an
36 adequate housing supply to meet the demand for the very low
37 and low income employee households for Phase I of the DRI
38 Projects. A second supply inventory shall be conducted prior
39 to the start of development beyond the 1,350,276 gross square
40 feet of commercial authorized for Phase I of the DRI Projects.
41 The Developer will estimate the demand for affordable housing
42 based upon actual employees hired in the previous phase for
43 the DRI Projects and estimated employees for the balance of
44 the DRI Projects. The Developer shall re-inventory the
45 housing supply, using data that is more up-to-date and cost
46 sensitive than the Census data. The Developer shall use a
47 methodology adopted by rule by DCA. If no such rule has been
48 adopted, the Developer shall use a housing methodology
49 approved by the Department of Community Affairs, the ECFRPC
50 and the City of Ocoee.
51
13
1 (b) Should future analysis show a need to mitigate the
2 housing impacts of the DRI Projects, the Developer must do
3 one or more of the following within a ten mile or twenty
4 minute commute of the Project site (whichever is closer) :
5
6 i. Build affordable housing units;
7
8 ii. Buy down unaffordable housing units through donations or
9 other mechanisms to make them affordable;
10
11 iii. Rehabilitate vacant substandard housing units to create
12 adequate affordable units; or
13
14 iv. Any other alternative acceptable to the Department of
15 Community Affairs, the East Central Florida Regional
16 Planning Council, and the City of Ocoee.
17
18 The Developer's proposed mitigation shall be included in the
19 Development Order by amendment. All housing provided for
20 mitigation must be available or guaranteed commitments made to
21 assure that the needed housing will be available within three
22 (3) years of the time that the supply study has been
23 completed. By the end of this three (3) year period, the
24 Developer shall report to the City of Ocoee, the ECFRPC, and
25 the DCA on the success of the plan and shall provide
26 sufficient documentation to demonstrate this success. No non-
27 residential development shall be permitted for either of the
28 DRI Projects beyond the three (3) year period if this
29 obligation has not been fully met.
30
31 Transportation
32
33 9. Proiect Phasing. For the purpose of the transportation
34 conditions of this Development Order, the DRI Projects shall
35 be considered as one project and divided into and limited to
36 the following, phases, based upon peak hour trip ends or total
37 average daily trip ends (basedupon the then current ITE Trip
38 Generation manual) , whichever comes first:
39
40 Phase Total Peak Total Average Cumulative
41 (Year) Hour Trip Cumulative Daily Average
42 Ends Per Peak Hour Trips Per Daily
Phase Trip Ends Phase Trips
43 I 4, 108 4, 108 44,318 44, 318
44 (2002)
45 II 2,766 6,874 29,833 74, 151
46 (2005)
47
14
1 The numbers above include trips from both of the DRI Projects
2 with the first phase representing the mall development of
3 1, 245, 276 gross square feet, 105, 000 gross square feet of
4 retail, 200 multi-family residential dwelling units and 151
5 single family residential dwelling units, only. The City of
6 Ocoee may approve any or all development utilizing these phase
7 trip levels, subject to the conditions within this
8 Development Order.
9
10 10. Monitoring and Modelina Methodoloay.
11
12 (a) Prior to the initiation of each phase beyond Phase
13 I as identified in the preceding paragraph, the Developer
14 shall conduct a monitoring/modeling program. Said program
15 shall ascertain the level of service ("LOS") on facilities
16 where the combined traffic from the DRI Projects is estimated
17 to contribute an amount of traffic greater than or equal to
18 ten percent (10%) of the LOS "C" service volume. The
19 methodology of the monitoring/modeling program shall be agreed
20 upon by the East Central Florida Regional Planning Council,
21 the City of Ocoee, Orange County, the Florida Department of
22 Transportation ("FDOT") , the Florida Department of Community
23 Affairs and the Developer, with LYNX being included in an
24 advisory role only. All studies and monitoring/modeling
25 programs shall be consistent with the then current FDOT LOS
26 rules, procedures, and criteria. The depth of each monitoring
27 and modeling effort shall be similar to that required within
28 a DRI Application for Development Approval but shall be
29 compatible with the requirements of the City of Ocoee's
30 Concurrency Management System as it relates to facilities
31 within the City of Ocoee. For the purposes of this
32 Development Order, the City of Ocoee's Concurrency Management
33 System consists of any and all ordinances, resolutions and
34 regulations adopted by the City Commission of the City of
35 Ocoee to implement the requirements of Section 163.3202 (2) (g) ,
36 Florida Statutes. In the event that all parties cannot come
37 to agreement on the methodology, the ECFRPC and the City of
38 Ocoee shall be the final arbiters, with City of Ocoee's
39 decision being final as it relates to City of Ocoee facilities
40 (i.e. , facilities located within the corporate limits of the
41 City or for which the City has primary maintenance
42 responsibilities) and the ECFRPC's decision being final as it
43 relates to all other facilities.
44
45 (b) The following list of facilities indicates those
46 roadways within the study area which were analyzed for full
47 buildout of the DRI Projects. The facilities to be
48 monitored/ modeled for the next phase may include, but shall
49 not be limited to, those segments of the regional roadways
50 within the attached list and one segment beyond where the DRI
51 Projects are estimated to contribute a cumulative amount of
52 traffic greater than or equal to ten percent (10%) of the LOS
15
1 "C"
service volume, based on the modeling of the buildout of
2 the subsequent phase. The analyzed facilities will include
3 signalized intersections and link analyses of collector and
4 higher classified roadways and interchange ramps.
5
6 The ECFRPC, FDOT, Orange County and City of Ocoee shall have
7 the right to make reasonable requests for additional
8 information from the Developer to verify adherence to these
9 provisions. The Developer shall supply adequate information
10 toward compliance with these requirements.
11
12 Candidate Roadways for Monitorina/Modeling Study
13
14 o CR 535 from Tilden to SR 50
15 o Maguire Road from Roberson to SR 50
16 o Bluford Avenue (SR 439) from SR 50 to Silver Star
17 Road
18 o Clarke Road from SR 50 to A.D. Mims Road
19 o Apopka Vineland Road from Conroy Windermere-Gotha
20 Road to Old
21 Winter Garden Road
22 o Apopka Vineland Road from Silver Star Road to
23 Clarcona-Ocoee Road
24 o Good Homes Road from Old Winter Garden Road to
25 Silver Star Road
26 o Hiawassee Road from Conroy-Windermere Road to
27 Silver Star Road
28 o Old Winter Garden Road from Kirkman Road to SR 50
29 o East-West Expressway from Kirkman Road to Florida's
30 Turnpike
31 o Colonial Drive (SR 50) from John Young Parkway to
32 CR 455
33 o Balboa Drive from Powers Drive to Good Homes Road
34 o Geneva Street from Bluford to Kissimmee Avenue
35 o Story Road from Kissimmee Avenue to West Plant
36 Street
37 o White Road from Good Homes Road to Bluford Avenue
38 o Silver Star Road (SR 438) from Powers. Drive to
39 Ocoee-Apopka Road
40 o A.D. Mims Road from Apopka-Vineland Road to
41 Clarcona-Ocoee Road
42
43 (c) In the event that a roadway widening is identified
44 which is not compatible with adopted policy of the FDOT or
45 local government (constrained) , then the Developer, City of
46 Ocoee, the East Central Florida Regional Planning Council and
47 the party having either maintenance or jurisdictional
48 responsibility for the facility shall jointly determine
49 alternate mitigation solutions to provide for the movement of
50 people.
51
16
1 11. Monitorinct and Modeling Results.
2
3 (a) The DRI Projects shall not commence beyond Phase I
4 (an equivalent of 4, 108 total peak hour trip ends or 44, 318
5 total average daily trips) into Phase II as identified above
6 when service levels are below the minimum service level
7 adopted in the applicable local government's comprehensive
8 plan for that specific roadway using average daily trips and
9 peak hour trip ends and the DRI Projects contribute, or are
10 projected to contribute with the next phase of traffic, ten
11 percent (10%) or greater to the LOS "C" service volume of the
12 roadway or intersection as determined by the monitoring
13 program required in the preceding condition, unless
14 mitigation measures and/or improvements are secured and
15 committed for completion during the phase in which the impacts
16 occur.
17
18 (b) Prior to the commencement of Phase II, this list of
19 committed roadway improvements must be A.dentified. These
20 improvements shall occur by the required -threshold in order
21 for the Project to proceed through the balance of the phase.
22 If the Developer can demonstrate that a portion of a phase
23 does not adversely affect the Regional Roadway network as
24 determined by the monitoring and modeling tests discussed
25 above, then the Developer may proceed with portion of the
26 phase (and only that portion) . It is etiie intent of this
27 condition to ensure that this Development Order is consistent
28 with the provisions of Chapter 380.06 (15) (e) (1) and
29 380.06(15) (e) (2) ; provided, however, that this shall not be
30 construed to obligate the City to spend any funds to improve
31 state roads. Further, this condition is intended to avoid the
32 conflict of simultaneously applying the differing standards of
33 the aforesaid ten percent (10%) rule and the City's
34 Concurrency Management System . Should the provisions of this
35 Development Order give directions that prevents compliance
36 with the City of Ocoee Concurrency Management System, then
37 the City of Ocoee Concurrency Management System will govern on
38 all non-state roadways.
39
40 (c) To aid in assessing the Project's potential for
41 impacting facilities, DRI Annual Reports shall include
42 documentation that the applicable level of service
43 requirements are being met. Such documentation shall include
44 current roadway LOS (may be obtained from latest Concurrency
45 Management System data of the City of Ocoee and/or the
46 applicable local government) , Project traffic contributed to
47 the roadway facility (based on latest test
48 modeling/monitoring effort) and other appropriate information.
49
50 12. Tri-Party Agreement. Toward the achievement of the objectives
51 in the two preceding conditions, an agreement(s) among the
52 City of Ocoee, Orange County, and the Developer shall be
17
•
1 entered into within twelve (12) months of the initiation of
2 Project site development. Said agreement(s) shall address and
3 clarify such issues related to equity in the application of
4 fees for transportation improvements. Said fees shall be
5 based on a fair-share basis with respect to the improvements
6 to be provided and not solely on the basis of impact fees.
7 However, such an agreement would not alter or waive the
8 provisions and requirements of the other recommendations of
9 the Development Order as a mitigative measure for the
10 transportation impacts of the DRI Projects. In the event
11 that one of the designated parties to the agreement (other
12 than the Developer) fails to execute said interlocal
13 agreement(s) within the specified time, then the Developer
14 may proceed with the Project based upon the
15 monitoring/modeling schedule and all other recommendations
16 specified herein as it affects the non-participating party.
17 Separate agreements may be entered into with one or more
18 parties and the Developer. Nothing contained herein shall be
19 construed to require the City to appropriate road impact fees
20 for purposes which are not permitted by the City of Ocoee Road
21 Impact Fee Ordinance.
22
23 13. Mitigation. The following improvements are those either
24 assumed to be in place (because they are already funded) or
25 are necessary as a result of this Project's background traffic
26 and the Project contributes ten percent (10%) or greater to
27 the design service volume of the facility. Those programmed
28 improvements must be complete and operational on or before the
29 date of issuance of the first certificate of occupancy for any
30 portion of the DRI Projects. Those not programmed shall be
31 operational at the time or ADT level specified:
32
33 Phase I requirements
34
35 Intersections
36
37 o Hiawassee and SR 50 shall be improved by adding
38 northbound and southbound exclusive right-turn lanes
39 prior to issuance of the first certificate of occupancy
40 for either of the DRI Projects.
41
42 Phase II requirements
43
44 Roadways
45
46 o Clarke Road must be six (6) laned from SR 50 to White
47 Road.
48 o Old Winter Garden Road must be four (4) laned from
49 Hiawassee Road to Good Homes Road.
50 o Colonial Drive (SR 50) must be six (6) laned from
51 Kirkman Road to Old Winter Garden Road..
18
1 o Silver Star Road must be four (4) laned from Hiawassee
2 Road to Clarke Road.
3
4 Intersections
5
6 o Old Winter Garden Road and Hiawassee Road; add northbound
7 right turn lane.
8 o Old Winter Garden Road and Good Homes Road; Signalize and
9 add eastbound and southbound left turn lanes, add
10 westbound right turn lane.
11 o SR 50 and Pine Hills Road; Add northbound right turn
12 lane, add eastbound left turn lane.
13 o SR 50 and Kirkman Road; add southbound left turn lane,
14 add westbound and eastbound through lanes.
15 o SR 50 and Hiawassee Road; add northbound, southbound and
16 eastbound right turn lanes.
17 o SR 50 and Clarke Road; add southbound left turn lane and
18 northbound and southbound through lanes.
19
20 The necessity for construction of these facilities prior to
21 the Project's generation of the referenced number of trips
22 shall be subject to the results of monitoring and modeling
23 studies conducted pursuant to the other terms of this
24 Development Order. The burden of proof is upon the Developer
25 to show that any particular improvement listed above is not
26 required or may be delayed. The final decision rests with the
27 Florida Department of Transportation on state facilities, the
28 City of Ocoee on all non-state roadways within the corporate
29 limits of the City or for which the City otherwise has primary
30 maintenance responsibilities and the East Central Florida
31 Regional Planning Council for all other roadways. In the
32 event a monitoring and modeling study determines that
33 different roadway improvements are required (including roadway
34 segment, type of improvement and timing) other than those in
35 the aforementioned list, then this Development Order shall be
36 amended pursuant to the provisions of Subsection 380.06(19) ,
37 Florida Statutes, to reflect the required revision.
38
39 14. Committed Improvements.
40
41 (a) If the City of Ocoee Comprehensive Plan is in
42 compliance with Chapter 163, Part II, Florida Statutes, and
43 includes a transportation concurrency management system that
44 recognizes improvements scheduled within the first three years
45 of the capital improvements schedule (pursuant to Rule 9J-
46 5.0055(2) (c) , Florida Administrative Code) , then those
47 improvements may be counted as committed. If the City of
48 Ocoee Comprehensive Plan is not in compliance, or does not
49 include a transportation concurrency management system that
50 recognizes improvements scheduled within the first three years
51 of the capital improvements schedule, then only improvements
52 scheduled for construction within the first three years of the
19
1 current FDOT improvement program or within the first year of
2 the local work program may be counted as committed.
3
4 (b) Committed improvements may also include (i) a
5 binding financially secured and irrevocable commitment by the
6 Developer or other applicable persons or entities for the
7 design, engineering and actual construction of the necessary
8 improvements (with the posting of a cash bond, surety bond,
9 irrevocable letter of credit or other security in a form
10 satisfactory to the City of Ocoee) , which requires
11 construction to occur during the applicable phase and must be
12 in accordance with the requirements of applicable law, and
13 must otherwise comply with the requirements of the City of
14 Ocoee Comprehensive Plan, or (ii) any alternative mutually
15 agreed upon by the City of Ocoee, the ECFRPC, the Florida
16 Department of Community Affairs and the Developer and
17 incorporated into the Development Order by amendment.
18
19 15. Proportionate Share Aareement.
20
21 (a) In the event that the monitoring/modeling results,
22 as set forth in Conditions 12 and 13 of Part II(B) of this
23 Development Order, show that improvements must be made to
24 state roads and if mitigation is not provided as set forth in
25 Conditions 13 and 14 of Part II(B) of this Development Order,
26 then prior to any construction of any portion of Phase II and
27 subject to the provisions of Section 380.06(15) (e) , Florida
28 Statutes, the Developer, the City of Ocoee and the Florida
29 Department of Transportation (FDOT) shall enter into an
30 agreement which ensures that (i) a proportionate share payment
31 is made by the Developer to the FDOT for Project impacts to
32 SR 50 (West Colonial Drive) from Hiawassee Road to Old Winter
33 Garden Road and for impacts to SR 438 (Silver Star Road) from
34 Hiawassee Road to Clarke Road, (ii) said proportionate share
35 payment shall be used by FDOT only for the design,
36 engineering, permitting and/or construction of improvements to
37 the aforesaid state road segments, and (iii) said
38 proportionate share payment by the Developer constitutes
39 adequate provision for the public facilities needed with
40 respect to said state road segments to accommodate the impacts
41 of the Project from the date of issuance of the first
42 certificate of occupancy for the DRI Projects through Phase II
43 buildout, as required by Section 380. 15(e) (2) , Florida
44 Statutes. The geographical limits subject to this condition
45 may be decreased if the FDOT determines that the levels of
46 service will be acceptable. The calculations shall consider
47 the Project's impacts from the date of issuance of the first
48 certificate of occupancy for the Project through Phase II
49 buildout. Determination of the proportionate share payment
50 shall use the following proportionate share contribution
51 formula:
52
20
1 DRI Trips
2 X Cost
3 SV Increase
4
5 For this formula, DRI Trips is the cumulative number of the
6 trips from the development expected to reach the roadway
7 during the peak hour from the complete Phase II buildout; 8V
8 Increase is the change in peak hour maximum service volume of
9 the roadway resulting from construction of the improvement
10 necessary to maintain the desired level of service; and, Cost
11 is the cost of construction, at the time of developer payment,
12 of an improvement necessary to maintain the desired level of
13 service. Construction cost includes all improvement
14 associated costs, including engineering design, right-of-way
15 acquisition, planning, engineering, inspection, and other
16 associated physical development costs directly required and
17 associated with the construction of the improvement, as
18 determined by the governmental agency having maintenance
19 authority over the roadway.
20
21 (b) The City of Ocoee has not agreed and is not by this
22 Development Order placed under any duty or obligation to
23 commit to make adequate provision for the public facilities
24 needed with respect to state road segments to accommodate the
25 impacts of the DRI Projects from the date of issuance of the
26 first certificate of occupancy through Phase II buildout as
27 required by Section 380. 06(15) (e) (22) , Florida Statutes;
28 however, the intent of this Condition is to insure that
29 adequate provision is made by the developers of the DRI
30 Projects for the public facilities needed with respect to
31 state roads in order to accommodate the impacts of the DRI
32 Projects from the date of issuance of the first certificate of
33 occupancy through Phase II buildout.
34
35 (c) Notwithstanding any provision contained herein to
36 the contrary, the City of Ocoee shall have no financial
37 responsibility to contribute to or participate in the funding
3E8 et the design, engineering, permitting and/or construction of
39 improvements to any state roads, including but not limited to
40 SR 50 (West Colonial Drive) and SR 438 (Silver Star Road) .
41
42 (d) Prior to the commencement of any construction of any
43 portion of Phase II, this Development Order must be amended
44 pursuant to Section 380.06(19) , F.S. to include this agreement
45 if the monitoring/modeling results as set forth in Conditions
46 10 and 11 of Part II(B) above show that improvements must be
47 made to state roads and if mitigation is not provided as set
48 forth in Conditions 13 and 14 of Part II(B) above.
49
50 (e) The monitoring and modeling required after Phase I
51 and prior to Phase II shall be used to verify impacts from
52 Phase I and to more accurately estimate probable impacts from
21
1 Phase II. If necessary, the fair share amount will be
2 adjusted to reflect actual impacts from Phase I and the more
3 accurate information which will result from the Phase II
4 estimates. If it is verified that the roadway improvements
5 listed above are still needed, then the Project shall not
6 proceed into Phase II until payment is made and said
7 improvements are scheduled for construction in the FDOT work
8 program within the first three years from when the impacts are
9 estimated to be significant and adverse.
10
11 (f) If the parties cannot reach agreement independently
12 by that time, or if so desired by the parties at any time
13 prior to that, then the issues in dispute shall be submitted
14 to the East Central Florida Regional Planning Council for
15 voluntary mediation pursuant to its adopted Dispute Resolution
16 Process. The solutions recommended as a result of this
17 process shall be implemented and the Development Order
18 amended pursuant to Section 380.06(19) , F.S. to include these
19 solutions; provided, however, that these solutions must be
20 acceptable to the City of Ocoee in its sole discretion and
21 that these solutions shall not include any requirement that
22 the City of Ocoee participate in or contribute to the funding
23 of improvements to any state roads.
24
25 (g) This agreement shall apply only to the facilities
26 listed within this condition and shall be consistent with the
27 provisions of Rule 29F-3.11(3) (g) , Florida Administrative
28 Code, and Section 380.06(15) (e) , Florida Statutes.
29
30 16. S.R. 50 Grade Separation. As a part of the monitoring and
31 modeling effort which is required prior to Phase II, special
32 emphasis shall be placed on the potential need for grade
33 separation at the intersection of SR 50 with Clarke Road and
34 the East-West Expressway, based upon the conditions at
35 buildout of the DRI Projects.
36
37 17. Traffic Data for Annual Report. In each DRI Annual Report,
38 the Developer agrees that it shall report all information
39 required in Rule 9J-2.025, Florida Administrative Code. In
40 addition, the Annual Report shall include the cumulative
41 external traffic being generated by the Project, either by
42 actual count or through utilization of the most current
43 edition of the Institute of Transportation Engineer's Trip
44 Generation manual and development occupancy data. The chosen
45 method shall be used consistently through the life of the
46 Project.
47
48
49 18. Pedestrian and Bicycle Circulation.
50
51 (a) In the interest of safety, and to promote
52 alternative forms of transportation, the Developer shall
22
1 provide a safe system for cyclist and pedestrian circulation
2 on site. Walkways and bikeways shall be constructed between
3 the mall, peripheral retail and the planned residential
4 development of the Lake Lotta Center DRI with consideration
5 given toward the security of residential areas. On-site
6 bikeways shall be connected with external bicycle systems and
7 will be provided in accordance with the current City of Ocoee
8 standards at the time of implementation. Appropriate signage
9 identifying bike routes will be installed. The provision of
10 showers and lockers for employees is strongly encouraged at
11 places of employment.
12
13 (b) The Developer shall consult with the ECFRPC's or
14 County bicycle coordinator and the City of Ocoee Engineer
15 regarding the provisions forpedestrian and bicycle
16 facilities.
17
18 19. Ridesharing Program. The Developer shall make known to
19 tenants of the Project that it is served by an existing
20 ridesharing program operated by LYNX. Transit and current
21 ridesharing information shall be prominently displayed in all
22 public gathering areas, in employment centers, and in
23 commercial center areas. Upon opening of the mall, a part
24 time ridesharing coordinator shall be hired by the Developer
25 and funded by the Developer for the life of the development
26 orders for the DRI Projects. The ridesharing coordinator is
27 responsible for coordinating with the area transit provider,
28 conducting ridesharing campaigns within the DRI Projects,
29 publicity, processing applications, distributing information
30 (including transit information) , etc. When the number of on-
31 site residents who work, in combination with the number of
32 employment levels on site within the DRI Projects, reach the
33 4,000 level, this rideshare coordinator shall be a full time
34 position, with continued funding through the life of the
35 development orders for the DRI Projects being provided by the
36 Developer, and may be incorporated into the functions of any
37 Transportation Management Association (TMA) , if one exists
38 which services the area of the DRI Projects.
39
40LYNX service connecting the Project to existing routes,
41 employment centers and appropriate residential areas will be
42 initiated upon opening of the mall. The Lake Lotta Mall DRI
43 will construct stops for the service, and coordinate with
44 LYNX. At a minimum, the Developer shall coordinate with LYNX
45 so that at least one LYNX route will be operational to the
46 Project site through the period of effectiveness of the
47 Development Order. At a minimum, transit operations shall be
48 adequate to attract 100 peak hour riders prior to the DRI
49 Projects reaching 60, 000 ADT's.
50
51 20. Transit. Transit passenger shelters and transit parking bays
52 shall be constructed where necessary to augment and facilitate
23
1 the operations of off-site transit facilities. The Developer
2 shall work with LYNX on the design of bus facilities and
3 amenities, including bus stops, to be located within the
4 Project boundaries. The following transit provisions shall be
5 considered, in consultation with LYNX:
6
7 * Transit service shall be directly to mall entrances, or
8 as determined to be necessary by LYNX and the City.
9
10 * Access and internal collector and arterial road
11 geometrics shall accommodate an eight (8) feet wide by
12 forty (40) feet long advance design coach.
13
14 * The Developer shall provide shelters and pull-out bays
15 along the on-site transit route. Shelter locations shall
16 be reasonably accessible via walkways/crosswalks for
17 pedestrian movement to and from buildings and meet all
18 regulations required under the Americans with
19 Disabilities Act of 1990 (as it may be amended from time
20 to time) .
21 -
22 * Appropriate signage and sufficient area lighting will be
23 required at all bus stops and shelter locations.
24
25 * Transit schedule and information displays will be
26 provided, at a minimum, at each on-site bus stop.
27
28 * Maintenance of transit amenities shall be the
29 responsibility of the property owners' association
30 formed by the Developer.
31
32 * Details, standards and phasing of all transit amenity
33 provisions must be approved by LYNX.
34
35 * Pedestrian movement between bus stops shallnot exceed
36 1300 feet.
37
38 * Shuttle service within the Project should develop an
39 operating plan to coordinate with the LYNX regional
40 network, as applicable.
41
42 If additional property is necessary for bus stops beyond that
43 which can be accommodated within the existing right-of-way,
44 then this land shall be provided by the Developer.
45
46 21. Turn Lanes. In order to provide safe access and to preserve
47 operational capacity, left and right turn deceleration lanes
48 shall be constructed at all entrances of the DRI Projects
49 along SR 50, Clarke Road, and White Road. Access to all
50 roadways shall be limited to the greatest extent possible.
51
24
1 22. Access Points. In order to facilitate movement within the
2 site, minimize traffic on the regional roadway network and to
3 encourage sharing of access points to the regional roadway
4 network, the Developer shall:
5
6 i. allow connections between adjacent projects where land
7 use compatibility allows; and
8
9 ii. share and combine driveways and create internal
10 circulation systems to limit congestion along regional
11 roadways.
12
13 23. Transportation Management Association.
14
15 (a) The Developer shall become an active and financially
16 supportive member of any Transportation Management Association
17 (TMA) which services this area. Mandatory membership by all
18 non-residential entities within the DRI Projects shall be
19 required through enforceable covenants recorded at the time
20 of the first plat of any portion of the Property or other
21 similar mechanisms.
22
23 (b) Either through the TMA or individually, the
24 Developer shall provide or require of tenants of the Project
25 the following:
26
27 i. Require that transit and ridesharing studies be
28 conducted by employers of more than 50 people to
29 assess travel patterns and commuting needs. This
30 information shall be supplied to the TMA, if one is
31 operational, and LYNX, and shall be summarized and
32 included in the DRI Annual Report.
33
34 ii. Preferential parking will be provided by employers
35 to their employees who participate in rideshare
36 programs.
37
38 iii. For the benefit of Lake Lotta Center DRI residents
39 and to help offset impacts to SR 50, the Developer
40 shall not prohibit the use of the mall parking area
41 as a rideshare lot. The Developer should
42 accommodate this usage through coordination with
43 LYNX, the City of Ocoee and the Metropolitan
44 Planning Organization to implement this objective.
45 On site lots should accommodate at least 100
46 vehicles and may be shared with parking for
47 commercial land uses and should be coordinated with
48 available transit systems.
49
50 iv. Promote and encourage variable work hours and
51 flextime participation by on-site employers.
52
25
1 v. Make known to tenants that the Project area is
2 served by an existing ridesharing program operated
3 by LYNX. Future transit (when available) and
4 current ridesharing information shall be
5 prominently displayed in all public gathering
6 areas, in employment centers and in commercial
7 center areas.
8
9 vi. Provide incentives, if necessary, to encourage the
10 establishment of day care facilities within the
11 Project.
12
13 24. Traffic Reduction Goals. The Developer shall commit to a
14 definite, but non-binding, percentage goal toward the
15 reduction in vehicle trips through the promotion of walking,
16 bicycling, ridesharing and transit usage. This shall be
17 encouraged by the Developer through incentives to tenants and
18 land owners within the Project. The percentage reduction
19 goals shall be as follows:
20
21
22 Lake Lotta Center DRI and Lake Lotta
23 Phase/ADT For Mall DRI Overall Peak Hour Traffic
24 DRI Projects Reduction Goal
25
26 I - 4, 108 ADTs 5.0% of peak hour volume
27 II - 6,874 ADTs 15.0% of peak hour volume
28
29
30 Within the context of the annual monitoring report, the
31 Developer shall present an evaluation of the state of the
32 alternate transportation systems serving the sites of the DRI
33 Projects. Progress shall be compared to the goals and
34 requirements stated above. Progress for the reporting year
35 shall be documented to include ridership levels, transit route
36 changes, alterations or additions, ridesharing participation,
37 transit amenity construction, park-and-ride lot sites and
38 other efforts which facilitate movement into and around the
39 site of the DRI Projects by means other than the single
40 occupant vehicle.
41
42 C. LOCAL CONDITIONS BY THE CITY OF OCOEE.
43
44 1. Clarke Road. On or before the day a developer is issued a
45 building permit for a mall on the Property of at least 800,000
46 gross square feet, the Developer shall donate and convey to
47 the City twenty-two (22) feet of land along that portion of
48 Clarke Road which is located within the Property, such
49 conveyance being for the future 6-laving of that portion of
50 Clarke Road adjacent to the Property (hereinafter referred to
51 as "the Clarke Road Right-of-Way Conveyances") . The Developer
52 shall not receive any road impact fee or other credits for
26
1 Clarke Road Right-of-Way Conveyances. The Clarke Road Right-
2 of-Way Conveyances shall be conveyed by warranty deed free and
3 clear of all liens and encumbrances except for easements of
4 record. The Developer or the property owners' association
5 shall be responsible, at its sole cost and expense, for
6 maintenance of any such land conveyed to the City until such
7 time, if at all, as Clarke Road is expanded to a 6-lane
8 roadway or the City otherwise expressly assumes maintenance
9 responsibility. Prior to the time of such expansion, the
10 Developer shall have a right-of-way and easement across such
11 land as has been donated and conveyed to the City for its
12 benefit and that of its guests, tenants, invitees, employees,
13 mortgagees and other parties needing access to the Property;
14 provided, however, that the Developer shall indemnify and hold
15 the City harmless from any and all costs, expenses, and
16 liabilities, including but not limited to attorney's and
17 paralegal's fees and costs, whether at the trial or appellate
18 level, arising out of or related to the use of such land by
19 the Developer and its guests, tenants, invitees, employees,
20 mortgagees and other parties needing access to the Property.
21 Any such conveyance shall contain the foregoing as a
22 reservation in the warranty deed. The aforementioned
23 conveyances and grants to the City shall not be construed to
24 impose any obligation on the City to expand Clarke Road to a
25 6-lane roadway or to acquire the right-of-way needed for such
26 expansion or to expend any public funds or road impact fees
27 for such purposes.
28
29 2. Condemnation for Clarke Road Expansion. In the event
30 additional land or easements are needed for the 6-laning of
31 Clarke Road between SR 50 and White Road, then, subject to the
32 terms and conditions hereinafter set forth, the City shall, to
33 the extent permitted by law, utilize its power of eminent
34 domain in order to acquire such additional land or easements
35 if requested to do so in writing by the Developer. If the
36 Developer requests such action by the City, then the City
37 shall be obligated to pursue such action only if the City and
38 the Developer first enter into an agreement which sets forth
39 the terms and conditions under which the City will utilize its
40 eminent domain powers, such agreement being acceptable to the
41 City in its sole discretion. Any such agreement shall: (a)
42 include a provision that the Developer (and such other persons
43 or entities, if any, who may join in such an agreement) shall
44 be responsible for all costs and expenses incurred by the City
45 in connection therewith including but not limited to the
46 monies paid by the City to the property owners as compensation
47 for the taking and/or acquisition of the land and easements
48 required (including any payments made to such property owners
49 for severance damages) , attorneys, appraisers, surveyors,
50 engineers, and land planners fees and costs (whether incurred
51 by the City on its behalf or paid to the owners of the land
52 being acquired) , and all other costs and expenses which the
27
1 City may be required to pay to the owners of the land
2 acquired, (b) include a provision providing the City with
3 satisfactory assurances of the aforementioned payments (which
4 may include a requirement for a deposit and/or payment to the
5 City in advance) , (c) include such indemnities as may be
6 required by the City, and (d) provide that the City shall not
7 be required to exercise its powers of eminent domain unless
8 there is a current plan for the 6-laning of Clarke Road. It
9 is the intent of the City and Developer that the City bear no
10 cost or expense whatsoever should the Developer request that
11 the City exercise its powers of condemnation as aforesaid.
12
13 3. White Road. At the time a developer is issued a building
14 permit for a mall on the Property of at least 800,000 gross
15 square feet (or issued building permits which in the aggregate
16 allow for the construction of 800, 000 gross square feet of
17 retail space) , the Developer shall donate to the City the sum
18 of $250,000. 00 to be applied by the City towards the design,
19 engineering, permitting and construction of such improvements
20 to that portion of White Road west of Clarke Road and adjacent
21 to the Lake Lotta Center DRI as the City in its sole
22 discretion deems necessary to reduce the curvature on said
23 portion of White Road. The Developer shall not receive any
24 road impact fee or other credits for such donation.
25
26 4. Water and Sewer Service. The Developer shall obtain water and
27 sewer service from the City subject to and in accordance with
28 the Water and Sewer Agreements, ordinances, resolutions
29 (including but not limited to resolutions establishing rates
30 and fees) and policies of the City with respect thereto;
31 provided, however, that the Developer shall first obtain from
32 the Owner an assignment of water and sewer capacity reserved
33 by the Owner pursuant to the Water and Sewer Agreements. Any
34 such assignment of water and sewer capacity shall be processed
35 in accordance with all applicable policies and procedures of
36 the City. Upon completion of such assignment, there will be
37 allocated to the Property of up to 150,000 gallons/day of
38 water capacity and up to 150,000 gallons/day of sewer capacity
39 (as set forth in the assignment of capacity from the Owner)
40 for use in connection with the development of the Project.
41 Nothing contained in this Condition is intended in any way to
42 vitiate, affect or diminish the terms and provisions of the
43 Water and Sewer Agreements as they relate to water and sewer
44 service. The Developer or the Owner has paid all sewer and
45 water fees and charges for the Property due to the City as of
46 the date of approval by the City of this Development Order.
47
48 5. Permit Expiration Periods. Expiration periods for permits
49 such as building permits, sewer permits, preliminary
50 subdivision plans, final subdivision plans, and other permits
51 or approvals shall be controlled as provided in applicable
52 ordinances and the particular permit.
28
1 6. Impact Fees. Except as provided in the Water and Sewer
2 Agreements with respect to water and sewer capital charges,
3 nothing contained in this Development Order shall be construed
4 to relieve the Developer of its obligation to pay all impact
5 fees and all other fees and charges which may from time to
6 time be required to be paid pursuant to applicable provisions
7 of the Code of Ordinances of the City of Ocoee and any
8 resolutions adopted pursuant thereto. The Developer shall
9 comply with the City Road Impact Fee Ordinance, as it may from
10 time-to-time be amended.
11
12 7. Lake Lotta Vested Rights Certificate. All rights and
13 privileges of the Developer and the Owner pursuant to the Lake
14 Lotta PUD Vested Rights Certificate and the allocation to the
15 Property of 18,224 vested ADT's for use in connection with the
16 Phase I development of the Project are merged into this
17 Development Order which supersedes and incorporates all of the
18 rights and privileges of the Developer and the Owner pursuant
19 to the Lake Lotta PUD Vested Rights Certificate. Neither the
20 Developer nor the Owner shall not entitled to claim any
21 exemption from compliance with the terms and conditions of
22 this Development Order based upon the Lake Lotta PUD Vested
23 Rights Certificate.
24
25 8. Final Certificate of Concurrency. Notwithstanding any
26 provision to the contrary contained in the City of Ocoee Land
27 Development Code, this Development Order constitutes a Final
28 Certificate of Concurrency for Phase I of the Project and
29 reserves for Phase I of the Project capacity with respect to
30 traffic circulation, potable water, sanitary sewer, solid
31 waste and stormwater drainage. The aforementioned
32 reservations of capacity are subject to the following terms
33 and conditions: (i) compliance by the Developer with the terms
34 and conditions of this Development Order and any development
35 approvals subsequently issued by the City with respect to the
36 Project; (ii) development of the Property must be in
37 accordance with Phase I of the Project as described in and
38 approved by this Development Order; and (iii) the reservation
39 of capacity pursuant to this Development Order shall terminate
40 on the Phase I buildout date which is November 30, 2002. The
41 foregoing shall not be construed as exempting the Developer
42 from compliance with all applicable provisions of the City's
43 Land Development Code. This Development Order does not grant
44 any rights or privileges under the City's Concurrency
45 Management System with respect to (i) any Phase I development
46 of the Project commencing after the November 30, 2002 buildout
47 date for Phase I, or (ii) Phase II of the Project. The
48 Developer will be required to apply for and obtain a Final
49 Certificate of Concurrency in accordance with the then
50 applicable provisions of the City's Land Development Code with
51 respect to (i) any Phase I development . of the Project
52 commencing after the November 30, 2002 Phase I buildout date,
29
1 and (ii) Phase II of the Project. The Phase I development of
2 the Project and the finding of entitlement to this Development
3 Order constituting a Final Certificate of Concurrency for
4 Phase I of the Project is made subject to the following:
5
6 (a) Traffic Circulation. Based on the transportation
7 modeling results submitted by the Developer, the total number
8 of average daily trips (ADTe) for Phase I of both the DRI
9 Projects is 44,318 ADTs. Phase I of the DRI Projects will add
10 38,796 additional ADTs to the City's Concurrency Management
11 System. This includes an allowance for internal capture (100
12 ADTs) , passer-by traffic (4, 329 ADTs) , and mass transit usage
13 (1, 093 ADTs) as presented by the Developer and the Owner and
14 accepted by the ECFRPC, FDOT, Orange County, and the City of
15 Ocoee through the Metropolitan Planning Organization. The
16 distribution of the 38,796 ADTs to the various road segments
17 was based on the modeling results. There is adequate capacity
18 on the roads for Phase I of the DRI Projects. So long as
19 there are no increases to the amount of commercial square
20 footage or the number of dwelling units, Phase I of the DRI
21 Projects meets the level of service standards in the City's
22 Concurrency Management System for traffic circulation.
23
24 (b) Potable Water and Sanitary Sewer. The current
25 owner, Lake Lotta, Ltd. , who filed an application for a
26 Preliminary Certificate of Concurrency for the Project, lists
27 the Water and Sewer Agreements as the source of water and
28 sewer capacity for the Project. Lake Lotta, Ltd. has adequate
29 water and sewer capacity under the Water and Sewer Agreements
30 for Phase I of the Project. Prior to Final Engineering
31 approval for Phase I of the Project, or any portion of Phase
32 I, the specific amount of required water and sewer capacity
33 will be determined and a formal assignment of water and sewer
34 capacity from Lake Lotta, Ltd. to the Developer will be
35 required. This is a condition of approval of the Final
36 Engineering plans. Nothing set forth in this paragraph is
37 intended to modify the provisions of Condition 4 of Part II(C)
38 of this Development Order and the provisions hereof are
39 supplemental thereto.
40
41 (c) Solid Waste. Solid waste services for commercial
42 customers and multi-family residential customers are handled
43 by a private contractor pursuant to an exclusive franchise
44 with the City of Ocoee. Prior to Final Engineering approval
45 for Phase I of the Project, the Developer must make
46 arrangements with the City's commercial franchisee and include
47 a letter from the City's commercial franchisee indicating its
48 ability to serve the Project. As part of the review for solid
49 waste, the Developer must also provide the City with details
50 on how the recycling requirements will be met and who will
51 service the Project for that purpose. These letters are a
52 condition of approval of the Final Engineering plans. The
30
1 Developer will comply with all applicable provisions of the
2 Ocoee City Code and Land Development Code with respect to
3 solid waste as they may from time to time be amended.
4
5 (d) Stormwater Drainage. Level of service standards for
6 stormwater drainage are analyzed on a case by case basis
7 during subdivision/site plan review. These standards are
8 consistent with the City of Ocoee Comprehensive Plan and the
9 Land Development Code with which all new development within
10 the City must comply. The necessary capacity for stormwater
11 drainage is determined by Final Engineering approval and St.
12 Johns River Water Management District permitting. The
13 Developer shall comply with all of the above per the
14 requirements of the City's Land Development Code as it may
15 from time to time be amended.
16
17 (e) Recreation. The requirements of the City's Land
18 Development Code with respect to concurrency requirements for
19 recreation are not applicable for commercial development and,
20 therefore, are not applicable to the Project.
21
22 9. Conflicts Between Agreements: In the event of any conflict
23 between the provisions of the Water and Sewer Agreements not
24 related to water and sewer matters and the provisions of this
25 Development Order as such provisions relate to the Property,
26 the provisions of this Development Order shall control. This
27 condition does not affect the Water and Sewer Agreements as
28 they relate to any lands other than the Property.
29
30 PART III. PERIOD OF EFFECTIVENESS
31
32 A. Subject to the provisions hereinafter set forth, this
33 Development Order and any subsequent amendment shall be
34 effective on the date a fully executed copy of this
35 Development Order is transmitted by the City to the Developer,
36 the owner of the Property, the Florida Department of Community
37 Affairs and the East Central Florida Regional Planning
38 Council. The date of transmission is also "rendition" under
39 Rule 9J-28.025(5) , Florida Administrative Code. Under Section
40 380. 07, Florida Statutes, an appeal may be taken within
41 forty-five (45) days after rendition and shall stay the
42 effectiveness of this Development Order. Notwithstanding the
43 foregoing provision and pursuant to Section 163.3189(2)
44 Florida Statutes, and Rule 9J-11.011(11) , Florida
45 Administrative Code, this Development Order shall not become
46 effective or authorize development until City Ordinance No.
47 95-01 becomes effective, said ordinance being an amendment to
48 the City of Ocoee Comprehensive Plan necessary for the
49 development authorized by this Development Order to be
50 consistent with the City of Ocoee Comprehensive Plan.
51
31
•
1 B. The Project's phase buildout and final buildout dates, as
2 established during the review by the City, are as follows:
3 The phase buildouts will occur in 2002 for Phase I and in 2005
4 for Phase II and Project buildout will be in the year 2005.
5 The right to develop subject to the terms, general provisions,
6 and conditions of this Development Order shall terminate on
7 November 30, 2008. The phase buildout dates as set forth
8 herein have been extended by 4 years 11 months after the dates
9 provided in the ADA. Extensions to the phase dates may be
10 made pursuant to Section 380.06 (19) , Florida Statutes. Any
11 future extensions of the phase dates shall be reviewed
12 cumulatively with the extensions provided by this Development
13 Order condition to the original phase dates projected in the
14 ADA.
15
16 C. In the event the Developer fails to demonstrate reliance on
17 the Development Order by having substantially proceeded with
18 the development approved herein within five (5) years of the
19 effective date of this Development Order, then in such event
20 development approval and this Development Order shall
21 terminate. This five (5) year limitation shall not be used to
22 justify or to automatically extend the commencement or
23 buildout dates of the Project or any phase of the Project.
24 Any such proposed extension shall be considered pursuant to
25 the applicable development order amendment criteria of Chapter
26 380.06, Florida Statutes. The above time limitations may be
27 extended on the City's finding of excusable delay, and no
28 adverse impacts resulting from the delay, in any proposed
29 development activity consistent with the substantial deviation
30 provisions of Subsection 380.06(19) , Florida Statutes. For
31 the purpose of this condition, "substantially proceeded" shall
32 mean that the Developer shall have constructed or caused to be
33 constructed improvements that can be expected to generate at
34 least 30,000 total ADT (using the same calculations as the
35 ADA) representing approximately seventy percent (70%) of the
36 first phase of the Project and shall have obtained a
37 Certificate(s) of Occupancy from the City with respect
38 thereto.
39
40 D. Notwithstanding the phasing schedule or any provision
41 contained in this Development Order to the contrary, in the
42 event the Developer within three (3) years of the effective
43 date of this Development Order fails to obtain building
44 permits for and commence construction of improvements that can
45 be expected to generate at least 30, 000 total ADT (using the
46 same calculations as the ADA) representing approximately
47 seventy percent (70%) of the first phase of the Project, then
48 in such event development approval and this Development Order
49 shall terminate. Once the Developer obtains a building permit
50 for the construction of such improvements, the Developer shall
51 proceed with due diligence to obtain a Certificate(s) of
52 Occupancy for said portion of Phase I within five (5) years
32
1 from the effective date of this Development Order. This
2 provision is supplemental to the provisions of Part III(C)
3 above.
4
5 E. Even though this Development Order may terminate, the
6 Developer and the Property shall remain bound by the terms,
7 general provisions and conditions of this Development Order as
8 they may apply to development that had been initiated up to
9 the time of termination.
10
11 PART IV. MONITORING PROCEDURES
12
13 A. The City shall have the primary responsibility for monitoring
14 the development and enforcing the provisions of this
15 Development Order. The City shall not issue any permits or
16 approvals or provide any extension of services if the
17 Developer fails to act in substantial compliance with this
18 Development Order.
19
20 B. Compliance with the terms and conditions of this Development
21 Order shall be monitored through the provisions of the
22 established review and approval process for developments
23 pursuant to City of Ocoee monitoring procedures. The
24 established review and approval process for review of
25 development pursuant to provisions established by the City of
26 Ocoee Land Development Code constitutes the monitoring
27 procedure for assuring compliance with this Development Order.
28 The City Manager, or his authorized designee, shall be the
29 official responsible for monitoring compliance by the
30 Developer with this Development Order.
31
32
33 PART V. RESTRICTIONS ON DOWN ZONING
34
35 A. This Development of Regional Impact will not be subject to
36 down zoning, unit density reduction or intensity reduction for
37 a period of fifteen (15) years from the effective date of this
38 Development Order unless: (1) it is demonstrated that (a)
39 substantial changes in the conditions underlying the approval
40 of this Development Order have occurred, or (b) that this
41 Development Order was based on substantially inaccurate
42 information provided by the Developer, or (c) that the change
43 is clearly established by the City to be essential to the
44 public health, safety or welfare; or (2) this Development
45 Order is terminated pursuant to Part III (C) or Part IIID)
46 hereof.
47
48
49 PART VI. MODIFICATIONS TO THE DEVELOPMENT ORDER
50
51 A. The Developer shall submit, simultaneously, to the City of
52 Ocoee, the East Central Florida Regional Planning Council and
33
1 the Florida Department of Community Affairs (DCA) any requests
2 for approval of a proposed change to this Development Order.
3 Such submissions shall be reviewed pursuant to the guidelines
4 of Section 380.06(19) , Florida Statutes, shall be presented in
5 a format established by the DCA and shall include as a minimum
6 the precise language which is proposed for deletion or
7 addition to the Development Order and a statement summarizing
8 all previous changes that have been made to the Development
9 Order. It is understood that, as set forth in the DRI
10 Processing Agreement, modifications to either the Lake Lotta
11 Mall DRI and/or the Lake Lotta Center DRI with respect to the
12 areas of housing, transportation, air quality, wildlife and
13 vegetation and wetlands shall be reviewed based on both DRI
14 Projects combined together to determine whether the proposed
15 modification will exceed any of the criteria set forth in
16 Section 380.06(19) , Florida Statutes. All modifications,
17 other than those specifically set forth in the DRI Processing
18 Agreement, shall be dealt with independently.
19
20
21 PART VII. ANNUAL REPORT REQUIREMENTS
22
23 A. The Developer will submit an annual report on or before the
24 anniversary date of the execution of this Development Order
25 for each calendar year of the life of this Development Order.
26 In the event that the Property is sold to one or more other
27 parties for development purposes, then the Developer may
28 assign the responsibility for seeing that the annual report is
29 timely submitted and addresses the cumulative development on
30 the entire Property. Each annual report will be submitted to
31 the City of Ocoee, the East Central Florida Regional Planning
32 Council, the Florida Department of Community Affairs, the
33 Florida Department of Transportation, the Florida Department
34 of Environmental Protection, the St. Johns River Water
35 Management District, and all other affected permit agencies.
36 The report shall include any information specifically required
37 to be included by the conditions of the Development Order, as
38 well as the information enumerated below, and shall be
39 presented in a format that complies with Section 380.06(18) ,
40 Florida Statutes, and Rule 9J-2.025 (7) , Fla. Admin. Code. The
41 report to the City of Ocoee shall also include a statement
42 that all persons/agencies listed above have been sent copies
43 of the Annual Report.
44
45 B. The Annual Report shall address the following:
46
47 1. Changes in the plan of development or in the representations
48 contained in the ADA, or in the phasing for the reporting year
49 and for the next year;
50
51 2. A summary comparison of development activity proposed and
52 actually conducted for the year and a cumulative summary of
34
1 all development that has occurred under this Development
2 Order.
3
4 3. Identification of undeveloped tracts of land other than
5 individual single family lots, that have been sold to a
6 separate entity or developer;
7
8 4. Identification and intended use of lands purchased, leased or
9 optioned by the Developer adjacent to the original DRI site
10 since this Development Order was issued;
11
12 5. An assessment of the Developer's and the City's compliance
13 with each condition of approval contained in this Development
14 Order and the commitments which are contained in the
15 Application for Development Approval and which have been
16 identified by the City, the ECFRPC or the DCA as being
17 significant.
18
19 6. Any known incremental development of regional impact ("DRI")
20 applications for development approval or requests for a
21 substantial deviation determination that were filed during the
22 reporting year, or to be filed during the next year;
23
24 7. An indication of a change, if any, in local government
25 jurisdiction for any portion of the development since the
26 Development Order was issued;
27
28 8. A list of significant local, state and federal permits which
29 have been obtained or which are pending by agency, type of
30 permit, permit number and purpose of each;
31
32 9. A statement that all persons/entities have been sent copies of
33 the Annual Report in conformance with Subsections 380.06(15)
34 and (18) , Florida Statutes.
35
36 10. A copy of any notice of the adoption of a Development Order or
37 the subsequent modification of an adopted Development Order
38 that was recorded by the Developer pursuant to Subsection
39 380. 06(15) (f) , Florida Statutes.
40
41 11. A map of overall Project development at the same scale as the
42 master plan submitted in the original ADA. Graphically
43 depicted on the map shall be a) the boundaries of all
44 development approved during the reporting period, b) past
45 years and c) development expected to be approved in the coming
46 year. Within each boundary shall be the local approval number
47 and the amount of development approved; i.e. square footage,
48 dwelling units, etc.
49
50 12. The Development Summary Table (Exhibit X) shall be completed
51 each year to summarize development activity and to project
52 anticipated activity for the coming year.
35
•
1 13. The Annual Report which addresses the last year for which
2 development has been authorized shall include a statement
3 indicating that all development authorized by the Development
4 Order has been completed or that no further development is
5 desired and that all conditions of approval applicable to the
6 completed Project have been satisfied.
7
8 C. If the City does not receive the Annual Report or receives
9 notification that the ECFRPC, the DCA or any affected permit
10 agency has not received the report, then the City shall
11 request in writing that the Developer submit the report within
12 thirty (30) days. The failure to submit the report after
13 thirty (30) days may result in the temporary suspension of
14 this Development Order by the City.
15
16 PART VIII. RECORDING
17
18 A. Within ten (10) days of the issuance of this Development
19 Order, the Developer shall cause a Notice of the Adoption of
20 the Development Order and any subsequent modification of the
21 Development Order to be recorded, at the Developer's expense,
22 with the Clerk of the Circuit Court of Orange County, Florida
23 in which the development is located. This notice shall meet
24 the requirements of Section 380.06(15) (f) , Florida Statutes.
25 The recording of this notice shall not constitute a lien,
26 cloud, or encumbrance on the Property, or actual or
27 constructive notice of any such lien, cloud or encumbrance.
28
29 PART IB. MISCELLANEOUS CONDITIONS
30
31 A. It is specifically understood that the City is not
32 guaranteeing the appropriateness, efficiency, quality or
33 legality of the use or development of the Property, including,
34 but not limited to, flooding potential, drainage or sewer
35 plans, fire safety, or quality of construction, whether or not
36 inspected, approved, or permitted by the City of Ocoee.
37
38 B. The Developer, by executing this Development Order,
39 acknowledges that this Development Order is binding upon the
40 Property and the Developer, and that this Development Order
41 and all of the conditions of approval contained herein apply
42 to and control all further development of the Property, and
43 further that the conditions of approval run with the land and
44 are therefore applicable to and shall be complied with by any
45 subsequent purchaser, owner, or assignee of any portion of the
46 Property.
47
48 C. No change shall be made to this Development Order or to the
49 approved land uses, unless and until the City has approved and
50 authorized the change. The Developer shall fully comply with
51 Section 380. 06 (19) , Florida Statutes, regarding "substantial
52 deviations" .
36
1 D. Development based upon this Development Order shall comply
2 with all other applicable federal, state, county and municipal
3 laws, ordinances, rules and regulations (including but not
4 limited to the City's Land Development Code, as amended from
5 time to time) except to the extent the applicable laws,
6 ordinances, rules and regulations are expressly waived or
7 modified by this Development Order or by action of the City
8 Commission of the City of Ocoee.
9
10 E. The Developer is hereby notified that the City and the
11 Developer are subject to the terms, provisions and
12 restrictions of Chapter 163, Florida Statutes. The City has
13 no lawful authority to exempt any private entity, or itself,
14 from the application of such state legislation (or any other
15 federal or state legislation or regulation which is beyond the
16 direct control of the City, and which is legally binding on
17 the City) , and nothing herein shall be construed as such an
18 exemption.
19
20 F. All captions in this Development Order are for convenience and
21 reference only, and the words contained therein shall in no
22 way be held to explain, modify, amplify, or aid in the
23 interpretation, construction or meaning of the provisions of
24 this Development Order.
25
26 G. The Owner is executing this Development Order for the purpose
27 of acknowledging and agreeing: (i) that the Developer has been
28 duly authorized by the Owner to enter into this Development
29 Order; (ii) that this Development Order is binding upon the
30 Property and that this Development Order and all of the
31 conditions of approval contained herein apply to and control
32 all further development of the Property; (iii) that this
33 Development Order and the conditions of approval run with the
34 land and are therefore applicable to the Owner prior to the
35 conveyance of the Property to the Developer; and (iv) that
36 this Development Order and all of the conditions of approval
37 contained herein shall be complied with by any subsequent
38 purchaser, owner, or assignee of any portion of the Property.
39
40
41
37
1 PART I. SIGNATORIES
2
3
4 ISSUED THIS DAY OF , 1995 .
5
6
7 CITY
8
9 CITY OF OCOEE, FLORIDA
10
11
12 By:
13 S. Scott Vandergrift, Mayor
14
15 Executed on: , 1995
16 Attest:
17
18
19
20
21 Jean Grafton, City Clerk
22
23 (SEAL)
24
25
26 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
27 THE CITY OF OCOEE, FLORIDA COMMISSION AT A SPECIAL MEETING HELD
28 APPROVED AS TO FORK AND ON JANUARY , 1995
29 LEGALITY this day of UNDER AGENDA ITER NO.
30 , 1995
31
32 Foley & Lardner
33
34
35 By:
36 City Attorney
37
38
1 STATE OF FLORIDA
2
3 COUNTY OF ORANGE
4
5 I HEREBY CERTIFY that on this day, before me, an officer duly
6 authorized in the State and County aforesaid to take
7 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
8 GRAFTON, personally known to me to be the Mayor and City Clerk,
9 respectively, of the CITY OF OCOEE, FLORIDA and that they severally
10 acknowledged executing the same freely and voluntarily under
11 authority duly vested in them by said municipality.
12
13 WITNESS my hand and official seal in the County and State last
14 aforesaid this day of , 1995.
15
16
17
18
19
20 Signature of Notary
21
22
23 Name of Notary (typed,Printed or Stamped)
24
25 Commission Number(if not legible on seal):
26 My Commission Expires(if not legible on seal):
27
39
1 DEVELOPER
2
3 HOMART DEVELOPMENT CO. ,
4 a Delaware corporation
5
6
7 BY:
8
9 NAME:
10
11 TITLE:
12
13 (CORPORATE SEAL)
14
15 Executed on: , 1995
16
17
18 STATE OF
19
20 COUNTY OF
21
22 I HEREBY CERTIFY that on this day before me, an officer
23 duly authorized in the State and County aforesaid to take
24 acknowledgements, personally appeared
25 as of HOMART DEVELOPMENT CO. , a Delaware
26 corporation, and who [ ] is personally known to me or [ ]
27 produced as identification, and that he
28 acknowledged executing the same on behalf of said corporation,
29 freely and voluntarily, for the uses and purposes therein
30 expressed.
31
32 WITNESS my hand and official seal in the County and State
33 last aforesaid this day of , 1995.
34
35
36
37
38
39 Signature of Notary
40
41
42 Name of Notary (typed,Printed or stamped)
43
44 Commission Number(if not legible on seal):
45 My Commission Expires(if not legible on seal):
46
47
40
•
`
1 OWNER
2
3 LAKE LOTTA, LTD. ,
4 a Florida limited partnership
5
6 By: LOTTA GP INC. ,
7 a Florida corporation, its
8 managing general partner
9
10
11
12 BY:
13 Barry S. Goodman
14 President
15
16 (CORPORATE SEAL)
17
18 Executed on: , 1995
19
20
21 STATE OF FLORIDA
22
23 COUNTY OF
24
25 I HEREBY CERTIFY that on this day, before me, an officer duly
26 authorized in the State and County aforesaid to take
27 acknowledgements, personally appeared BARRY S. GOODMAN as President
28 of LOTTA GP INC. , a Florida corporation, which is the managing
29 general partner of LAKE LOTTA, LTD. , a Florida limited partnership,
30 and who [ ] is personally known to me, or [ ] produced
31 as identification, and that he acknowledged
32 executing the same on behalf of said corporation and partnership,
33 freely and voluntarily, for the uses and purposes therein
34 expressed.
35
36 WITNESS my hand and official seal in the County and State last
37 aforesaid this day of , 1995.
38
39
40.
41 Signature of Notary
42
43
44
45 Name of Notary (typed,Printed or stamped)
46
47 Commission Number(if not legible on seal):
48 My Commission Expires(if not legible on seal):
49
50
41
•
EXHIBIT "A"
BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST; THENCE S 89°42'47" W, A DISTANCE OF 1336.77 FEET
TO A POINT BEING THE N.E. CORNER OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; THENCE
S 0°14'27" W, ALONG THE EAST LINE OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21, A DISTANCE OF 1325.27 FEET; THENCE N
89°32'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO GROVES
ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS, ORANGE COUNTY,
FLORIDA, A DISTANCE OF 90.63 FEET; THENCE S 0°14'27" W, A DISTANCE OF
944.21 FEET; THENCE S 89°26'02" W ALONG THE SOUTH LINE OF LOT 3, BLOCK
A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19°55'46" W ALONG THE
WEST LINE OF LOTS 4 THROUGH 7, BLOCK A, SAID PLAT, A DISTANCE OF 343.13
FEET TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY OF STATE ROAD
50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG THE NORTH RIGHT OF
WAY OF STATE ROAD 50 AT A BEARING OF S 89°48'09" W, A DISTANCE OF
1106.89 FEET; THENCE N 0°02'25" E ALONG THE WEST LINE OF TRACT 6, SAID
PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 611.73 FEET,
LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 89°48'24"
W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS
EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0°03'23" W
ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.15 FEET;
THENCE S 89°46'31" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 21, A DISTANCE OF 303.32 FEET
INTERSECTING THE EAST RIGHT OF WAY OF CLARKE ROAD HAVING A 100
FOOT RIGHT OF WAY TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A CENTRAL ANGLE
OF 19°33'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD
WHfCH BEARS N 13°20'24" E, A DISTANCE OF 404.62 FEET TO THE END OF THE
CURVE; THENCE ALONG SAID RIGHT OF WAY S 66°52'48" E, A DISTANCE OF
20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0°55'24";
THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY A
CHORD WHICH BEARS N 23°34'54" E, A DISTANCE OF 18.87 FEET TO THE END OF
CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N
65°57'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A
(Page 1 of 2)
p
3
CENTRAL ANGLE OF 17°29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 363.50 FEET
SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32°47'13" E, A DISTANCE
OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE
EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF
501.23 FEET; THENCE S 48°28'10" E, A DISTANCE OF 20.00 FEET ALONG SAID
RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N
41°31'50" E, A DISTANCE OF 20.00 FEET; THENCE N 48°28'10" W ALONG SAID
RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE ALONG RIGHT OF WAY OF
CLARKE ROAD N 41°31'50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNING OF
A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1291.00 FEET
AND A CENTRAL ANGLE OF 41°20'59"; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20°51'21" E, A
DISTANCE OF 911.61 FEET TO THE END OF THE CURVE; THENCE ALONG THE
EAST RIGHT OF WAY OF CLARKE ROAD N 0°10'51" E, A DISTANCE OF 208.91
FEET; THENCE S 89°49'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST
RIGHT OF WAY OF CLARKE ROAD; THENCE S 0°04'18" E ALONG THE EAST LINE
OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89°42'47" E,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF
BEGINNING.
CONTAINS 130.004 ACRES, MORE OR LESS.
•
•
(Page 2 of 2)
•
EXHIBIT X
DEVELOPMENT SUMMARY
ti DEVELOPMENT SUMMARY--- TRAFFIC WATER AND SEWER
Approved C.0's Approved Coming From Coming Allocated Estimated Usage
Coming Year
Land Use in 0.0.' Year' Cumulative' Year` ADA° Year° Cumulative' Year° Water° Sewer10 Water" S e w e r ' 2
Water" Sewer"
TOTALS NA NA NA NA NA NA NA NA NA NA NA NA
NA NA
1 Approved land uses in terms of square footage, dwelling units rooms or other appropriate
measure.
2 Certificates of occupancy issued during the reporting year in terms of square footage,
etc.
3 Certificates of occupancy issued since original development order approval, including that
of column 2 in terms of square footage, etc.
Development program anticipated for the next annual reporting period in terms of square
footage, etc.
5 Total average daily trips from the approved Application for Development Approval for
this land use.
6 Average daily trips estimated from reporting period's development using the ITE 4th
Edition Trip Generation rates.
7 Total average daily trips from development since original development order approval,
including that of column 6.
e Average daily trips expected from the coming year's development.
9,10 Water and sewer service for which firm allocations have been made in gallons per
day.
11,12 Total current project water and sewer demand.
13,14 Additional water and sewer demand expected from the coming year's
development program.
Also attach a current master plan which depicts the boundaries of all
recorded plats and/or site plans for the reporting period, past years and
areas expected to be submitted in the coming year. Within each boundary
shall be the local approval number and amount of development approved
in terms of square footage, dwelling units, etc. .
A master plan should also be included which indicates wetlands and flood
prone areas filled or disrupted and their mitigation and compensatory
storage areas. Such activity should be shown for the reporting period,
past years and expected for the coming year.
s<
AGENDA 1-26-95
ITEM III C
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY &LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
NOTICE OF ADOPTION OF DEVELOPMENT ORDER
FOR THE LAKE LOTTA MALL DEVELOPMENT OF REGIONAL IMPACT
NOTICE IS HEREBY GIVEN, pursuant to the requirements of
Section 380.06(15) (f) , Florida Statutes, of the adoption of a
Development Order for the Lake Lotta Mall Development of Regional
Impact ("Development Order") . On January 26, 1995, the City
Commission of the City of Ocoee, Orange County, Florida adopted the
Development Order. The legal description of the real property
covered by the Development Order is attached hereto as Exhibit "A"
and by this reference made a part hereof ("the Property") .
A copy of the Development Order is on file at the Office of
the City Clerk, City of Ocoee, 150 North Lakeshore Drive, Ocoee,
Florida 34761. The Development Order constitutes a land
development regulation applicable to the Property. Pursuant to
Section 380.06(15) (f) , Florida Statutes, the recording of this
Notice shall not constitute a lien, cloud, or encumbrance on the
Property or actual or constructive notice of any such lien, cloud,
or encumbrance.
Executed as of the day of , 1995.
DEVELOPER
HOMART DEVELOPMENT CO. ,
a Delaware corporation
By:
Name:
Title:
(CORPORATE SEAL)
1
CITY
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A SPECIAL MEETING
APPROVED AS TO FORM AND HELD ON , 1995
LEGALITY this day of UNDER AGENDA ITEM NO.
JANUARY, 1995
Foley & Lardner
By:
City Attorney
2
v
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
as of HOMART DEVELOPMENT, CO. , a Delaware
corporation, and who [ ] is personally known to me or [ ]
produced as identification, and that
he/she acknowledged executing the same on behalf of said
corporation freely and voluntarily, for the uses and purposes
therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 1995.
Signature of Notary
Name of Notary d,Pi;nted or sumped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
•
3
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
acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
GRAFTON, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1995.
Signature of Notary
Name of Notary (Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
C:\WPSI\DOCS OCOEIL OTFA\ADPf-MAL.NOT I I/18/931 DEBBIEH I PER xlh
4
a
EXHIBIT "A"
BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST; THENCE S 89°42'47" W, A DISTANCE OF 1336.77 FEET
TO A POINT BEING THE N.E. CORNER OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; THENCE
S 0°14'27" W, ALONG THE EAST LINE OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21, A DISTANCE OF 1325.27 FEET; THENCE N
89°32'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO GROVES
ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS, ORANGE COUNTY,
FLORIDA, A DISTANCE OF 90.63 FEET; THENCE S 0°14'27" W, A DISTANCE OF
944.21 FEET; THENCE S 89°26'02" W ALONG THE SOUTH LINE OF LOT 3, BLOCK
A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19°55'46" W ALONG THE
WEST LINE OF LOTS 4 THROUGH 7, BLOCK A, SAID PLAT, A DISTANCE OF 343.13
FEET TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY OF STATE ROAD
50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG THE NORTH RIGHT OF
WAY OF STATE ROAD 50 AT A BEARING OF S 89°48'09" W, A DISTANCE OF
1106.89 FEET; THENCE N 0°02'25" E ALONG THE WEST LINE OF TRACT 6, SAID
PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 611.73 FEET,
LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 89°48'24"
W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS
EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0°03'23" W
ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.15 FEET;
THENCE S 89°46'31" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 21, A DISTANCE OF 303.32 FEET
INTERSECTING THE EAST RIGHT OF WAY OF CLARKE ROAD HAVING A 100
FOOT RIGHT OF WAY TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A CENTRAL ANGLE
OF 19°33'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD
WHICH BEARS N 13°20'24" E, A DISTANCE OF 404.62 FEET TO THE END OF THE
CURVE; THENCE ALONG SAID RIGHT OF WAY S 66°52'48" E, A DISTANCE OF
20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0°55'24";
THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY A
CHORD WHICH BEARS N 23°34'54" E, A DISTANCE OF 18.87 FEET TO THE END OF
CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N
65°57'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A
(Page 1 of 2)
CENTRAL ANGLE OF 17°29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 363.50 FEET
SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32°47'13" E, A DISTANCE
OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE
EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF
501.23 FEET; THENCE S 48°28'10" E, A DISTANCE OF 20.00 FEET ALONG SAID
RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N
41°31'50" E, A DISTANCE OF 20.00 FEET; THENCE N 48°28'10" W ALONG SAID
RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE ALONG RIGHT OF WAY OF
CLARKE ROAD N 41°31'50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNING OF
A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1291.00 FEET
AND A CENTRAL ANGLE OF 41°20'59"; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20°51'21" E, A
DISTANCE OF 911.61 FEET TO THE END OF THE CURVE; THENCE ALONG THE
EAST RIGHT OF WAY OF CLARKE ROAD N 0°10'51" E, A DISTANCE OF 208.91
FEET; THENCE S 89°49'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST
RIGHT OF WAY OF CLARKE ROAD; THENCE S 0°04'18" E ALONG THE EAST LINE
OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89°42'47" E,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF
BEGINNING.
CONTAINS 130.004 ACRES, MORE OR LESS.
(Page 2 of 2)
•
AGENDA 1-26-95
ITEM III C
a6- XVI j-
1
2_ PROPOSED DEVELOPMENT ORDER (PRINT DATE: 1/26/951
3
4
5
6
7
8
9 DEVELOPMENT ORDER
10
11 LAKE LOTTA MALL
12 DEVELOPMENT OF REGIONAL IMPACT
13 CITY OF OCOEE, FLORIDA
14
15
16 WHEREAS, It is the intent of the State of Florida, as
17 expressed in Chapter 380, Florida Statutes, to protect the natural
18 resources and environment of the state, facilitate orderly and well
19 planned development, protect the health, welfare, safety and
20 quality of life of the residents of the state; and
21
22 WHEREAS, The State of Florida has established land and water
23 management policies to guide and coordinate local decisions
24 relating to growth and development, and has determined that such
25 policies should, to the maximum possible extent, be implemented by
26 local governments througi existing processes for the guidance of
27 growth and development, and has also determined that all the
28 existing rights of private property shall be preserved in accord
29 with the constitutions of the State of Florida and the United
30 States; and
31
32 WHEREAS, The Development of Regional Impact review program has
33 been established by the State of Florida in recognition that
34 certain development projects will, because of their character,
35 magnitude or location, have a substantial effect on the health,
36 safety or welfare of the citizens of more than, one county; and
37
38 WHEREAS, Homart Development Co. , a Delaware corporation, has
39 filed an Application for Development Approval for a Development of
40 Regional Impact called Lake Lotta Mall and relating to real
41 property located within the City of Ocoee, Florida; and
42
43 WHEREAS, this application has been reviewed by the East
44 Central Florida Regional Planning Council and the City of Ocoee, in
45 accordance with the requirements of Chapter 380, Florida Statutes.
46
47 NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City
48 Commission of the City of Ocoee, Florida, that, based upon the
49 Findings of Fact and Conclusions of Law set forth below, the Lake
50 Lotta Mall Development of Regional Impact is APPROVED pursuant to
51 Section 380 .06, Florida Statutes, subject to the following terms
52 and conditions:
53
54
(4)L
Fl�A�-
1 PART I. FINDINGS OF FACT AND CONCLUSIONS OF LAW
2
3 A. FINDINGS OF FACT. The City Commission of the City of Ocoee,
4 Florida hereby makes the following Findings of Fact:
5
6 1. On or about August 31, 1993 , Homart Development Co. , a
7 Delaware corporation (hereinafter referred to as "Developer" ) ,
8 whose principal place of business is 3500 Piedmont Road,
9 Northeast, Securities Centre, Suite 529 , Atlanta, GA 30305,
10 filed an Application for Development Approval pursuant to
11 Chapter 380 . 06, Florida Statutes for a Development of Regional
12 Impact (DRI) called Lake Lotta Mall relating to real property
13 located in the City of Ocoee, Florida (hereafter referred to
14 as "City" ) which is more particularly described in Exhibit "A"
15 attached to and by this reference incorporated in this
16 Development Order and hereafter referred to as the "Property" .
17 The Property consists of a total of 130 .0 acres.
18
19 2 . On or about December 23, 1993, the Developer filed with the
20 East Central Florida Regional Planning Council (hereinafter
21 referred to as the "ECFRPC" ) , a First Sufficiency Response and
22 on or about February 4, 1994 filed with the ECFRPC a Second
23 Sufficiency Response thereby amending the DRI/ADA. Further,
24 on or about August 17, 1994, the Developer filed with the City
25 certain Revisions to the DRI/ADA. The ADA, First Sufficiency
26 Response, Second Sufficiency Response and Revisions to the
27 DRI/ADA are incorporated herein by reference.
28
29 3 . The Developer' s authorized agent is Jack Oliaro, Homart
30 Development Co. , Security Centre, Suite 529, 3500 Piedmont
31 Road, Northeast, Atlanta, GA 30305 .
32
33 4 . The owner of the Property is Lake Lotta, Ltd. , a Florida
34 limited partnership (hereinafter referred to as the "Owner") .
35
36 5 . The Developer is the authorized agent of the Owner of the
37 Property and has the authority to file the Application for
38 Development Approval (ADA) and obtain a Development Order with
39 respect to the Property in accordance with Section 380.06,
40 Florida Statutes.
41
42 6 . The Property does not lie within an Area of Critical State
43 Concern.
44
45 7. The application has been reviewed by and recommendations have
46 been received from the East Central Florida Regional Planning
47 Council as the regional planning agency which after balancing
48 the identified regionally significant impacts associated with
49 each of the six criteria of Subsection 380 .06 (12) (a) , Florida
50 Statutes, recommended to the_ City that the Lake Lotta Mall DRI
51 Application for Development Approval be approved subject to
52 specific conditions.
53
{
1 8 . All public hearings as required by Section 380 . 06, Florida
2 Statutes, have been duly noticed and held, including without
3 limitation, hearings before the City Planning and Zoning
4 Commission on April 14, 1994 and January 12 , 1995, and the
5 City Commission of the City of Ocoee on May 2, 1994 and
6 January 26, 1995 .
7
8 9 . The Developer submitted to the City an application to amend
9 the City of Ocoee Comprehensive Plan, dated August 1993 for
10 review and approval in conjunction with the ADA for the Lake
11 Lotta Mall DRI. The application to amend the City of Ocoee
12 Comprehensive Plan consists of a request to amend the Future
13 Land Use Map to change portions of the future land use
14 designation of the Property to Commercial from the
15 designations as set forth below:
16
17 Current Future Acres
18 Land Use Designation
19
20 High Density Residential 60 .4
21 Medium Density Residential 37.3
22 Low Density Residential 20 .4
23 Acres already commercial (11.9)
24 130.0 Total Acres
25
26 Such amendment has been reviewed and concurrently heard and
27 approved by the adoption of Ordinance No. 95-01, all as
28 required by Section 380.06 (6) , Florida Statutes.
29
30 10 . The Developer has submitted to the City an application and
31 Land Use Plan for Planned Unit Development ( "PUD") zoning,
32 dated October 8, 1993, for the Property for review and
33 approval in conjunction with the ADA for the Lake Lotta Mall
34 DRI.
35
36 11. The future land use designation of the Property under the City
37 of Ocoee Comprehensive Plan, as amended by Ordinance No. 95-
38 01, is Commercial .
39
40 12 . The proposed development program for the Lake Lotta Mall DRI
41 consists of the following:
42
43 (a) Total Development
44
45
•
3
1 LAKE LOTTA MALL
2 DEVELOPMENT PROGRAM BY PHASE
3 LAND USE PHASE I PHASE II
(2002) (11/30/2000) s (2005) (11/30/2003) '
4 RETAIL GLA GSF GLA GSF
5 Mall 1, 100, 000 1, 245, 276 150, 000 155, 955
6 Peripheral Retail 100, 000 105, 000 150, 000 157, 000
7 Total _ 1, 200, 000 1, 350, 276 300, 000 312, 955
8
9
10 LAND USE TOTAL ALL PHASES PARKING
11 RETAIL GLA GSF
12 Mall 1, 250, 000 1,401, 231 6, 250
spaces
13 Peripheral Retail 250, 000 262, 000 1,250
spaces
14 Total - All Phases 1, 500, 000 1, 663,231 7, 500
spaces
15
16
17 GLA = Gross Leasable Area
18 GSF = Gross Square Feet
19
20 The Mall land use set forth above includeeamovie theater of
21 u• to 61 650 GSF or 60 000 GLA and u• to 000 se- s. Of
22 the 6.250 •arkinq - •- e- - 11. a e• to th- Mall land uses u•
23 to 500 •arkin• s•aces are allocat-d to a movie theater within
24 the Mall .
25
26 RETAIL USES include all uses permitted under the City Land
27 Development Code within a C-2 Zoning District, including but
28 not limited to retail mall, retail, restaurants, a movie
29 theater, an auto service/gasoline sales center, and related
30 retail activities, but expressly excluding the following uses
31 which are hereby prohibited: gasoline stations, automobile
32 sales, commercial convenience stores with or without gas
33 sales, equipment sales, drive-in restaurants with no inside
34 seating, miniature golf courses, pawn shops and funcral
35 This Development Order has extended the dates of each phase by 2
36 Years 11 months after the dates provided in the ADA. Extensions to the phase
37 dates may be made pursuant to ,§380.06(19) . Florida Statutes. Any future
38 extensions shall be reviewed cumulatively with the extensions provided by this
39 Development Order condition to the original chase dates projected in the ADA.
4
1 homca, funeral homes` nursing homes, non-retail galleries and
2 non-retail museums. Notwithstanding the foregoing or an_
3 provision to the contrary contained in this s Development Order,
4 no more than 50 000 •ross s• are feet of the Pro 'ect ' s Retail
5 Uses approved by this Development Order shall be developed for
6 use as medical, dental or professional offices. Attached
7 h-reto as Exhibit "C" and • thi- ref-r-nce made a •art hereof
8 is Table 5-1 Use Re•ulations of the Cit of Ocoee Land
9 Develo•me_nt •de which s-tsforth those land uses •ermitted
10 within a C-2 Zoning District.
11
12 Upon written request to the City, the Developer shall have the
13 right to increase the Peripheral Retail use up to an
14 additional 50, 000 square feet GLA (52,400 GSF) by reducing
15 retail square footage in the Mall without the necessity of
16 modifying this Development Order, under the following
17 parameters:
18
19 (i) Any transfer shall be based on' trip generation
20 leveler as •r•vided b th- mos current edition of the
21 Ins itu - of Tr-ns••rtaion En• ineeer' - Tri• Generation
22 manual since Peripheral Retail will generate more trips
23 per thousand square feet than will the Mall rctail
24 Retail;
25
26 (ii) Additional on-site and near-site traffic analysis
27 shall be conducted to the City of Ocoee' s satisfaction
28 when additional Peripheral Retail development is
29 proposed. The Developer shall not be entitled to
30 increase the Peripheral Retail as set forth above unless
31 the City determines that the additional on-site and near-
32 site traffic analysis is satisfactory; and
33
34
35 (iii) The Developer shall not be entitled to increase
36 the Peripheral Retail as set forth above unless the
37 Developer has been issued a building permit for a mall of
38 at least 800, 000 gross square feet and has commenced
39 construction pursuant thereto-; amend
40
41 (iv) The Developer shall include in_ the Annual Report
42 an increases in the Peri•heral Retail •ursuant to the
43 provisions set forth above
44 •
45 (b) Wetlands None
46
47 (c) Wildlife Protection
48 Area (Uplands) None
49
50
51
52 (d) Parking Spaces 7, 500 spaces
5
1 5 0 0 s_p a c e s
2 allocated to a movie
3 theatre)
4 (e) Estimated External
5 Traffic Generation for the
6 DRI Projects (excluding
7 internal capture
8 of 100 ADTs) :
9
10 (i) Phase I
11
12 (a) Lake Lotta Mall DRI 41, 503 ADT
13 (b) Lake Lotta Center DRI 2, 715 ADT
14 (c) Total Phase I 44, 218 ADT
15
16 (ii) Phase II
17
18 (a) Lake Lotta Mall DRI 10, 084 ADT
19 (b) Lake Lotta Center DRI 16, 389 ADT
20 (c) Total Phase II 26,473 ADT
21
22 (iii) Phase I and II for
23 the DRI Projects
24 (excluding internal
25 capture of
26 3 , 460 ADTs) : 70, 691 ADT
27
28 (f) Water Supply Provided By:
29 City of Ocoee in accordance with established
30 ordinances, resolutions and policies, and the Water
31 and Sewer Agreements as hereinafter defined
32
33 (g) Wastewater Service Provided By:
34 City of Ocoee in accordance with established
35 ordinances, resolutions and policies, and the Water
36 and Sewer Agreements as hereinafter defined
37
38 (h) Fire Protection Provided By:
39 City of Ocoee in accordance with established
40 ordinances, resolutions and policies
41
42 (i) Project Phasing:
43 Two
44
45 1.11 Open Spacel
46
47 At least thirty •ercent 30% of the lands
48 constitutin. the Pro 'ect. For the •u •os- - h-reof
49 "o•en s•ace" is defined as that •orti•n of the
50 Project, excluding natural water bodies._ which is
51 unencumbered with any structure. roadway, driveway.
52 off-street •arkin• or other im•ervious surface to
6
1 include etormwater retention pond areas.,
2 greenbelt/buffer areas sodded or_landscaped yards.
3 recreation areas and conservation areas.
4
5 13 . The lands which are the subject of the DRI Projects have been
6 previously approved for development by the City in accordance
7 with (i) that certain Land Use Plan for the Lake Lotta PUD as
8 approved by the City Commission of the City of Ocoee on
9 November 22 , 1988, (the "Original Lake Lotta Land Use Plan") ,
10 and (ii) that certain Development Agreement (Contract No. D88-
11 10) dated November 22, 1988, between the City and Lake Lotta,
12 Ltd. , as amended on August 21, 1990 (the "Original Lake Lotta
13 PUD Development Agreement" ) (collectively, the "Original Lake
14 Lotta PUD" ) . The City has previously issued Revised
15 Certificate of Vesting Number CV-93-07R, dated September 28,
16 1993 (the "Lake Lotta PUD Vested Rights Certificate" ) which
17 found the Original Lake Lotta PUD to be vested for a total of
18 20, 939 average daily trips with respect to development in
19 accordance with the Original Lake Lotta PUD. Lake Lotta, Ltd.
20 has previously requested that the City agree to allocate the
21 vested average daily trips ( "ADT' s") under the Lake Lotta PUD
22 Vested Rights Certificate as follows: (i) 18,224 ADT' s to the
23 Property for use only in connection with Phase I of the Lake
24 Lotta Mall DRI; and (ii) 2, 715 ADT' s to the land to be
25 developed pursuant to the Lake Lotta Center DRI for use only
26 in connection with the Lake Lotta Center DRI Phase I Lowe
27 Density Residential and High Density Residential developments.
28 The City has previously approved the aforesaid request of Lake
29 Lotta, Ltd. to allocate the vested ADT' s under the Lake Lotta
30 PUD Vested Rights Certificate, such approval being subject to
31 the adoption of DRI development orders for both the Lake Lotta
32 Center DRI and the Lake Lotta Mall DRI and both of said
33 development orders becoming effective.
34
35 14 . In accordance with an agreement between the Developer and the
36 Owner, the Owner will assign to the Developer, its successors
37 and assigns, certain rights to water and sewer service
38 capacity as set forth in and pursuant to the terms and
39 conditions of (1) the City of Ocoee, Florida - Water Plant No.
40 4 Potable Water Supply Agreement dated January 24, 1984 (the
41 "1984 Water Supply Agreement") , (2) certain Wastewater
42 Developer' s Agreements dated December 30, 1987, having
43 Contract Numbers OWW-87-2, OWW-87-3, OWW-87-4, OWW-87-5, OWW-
44 87-8, OWW-87-10, OWW-87-11, and OWW-87-12 (the "New
45 Agreements") , (3) .that Purchase and Sale Agreement dated
46 December 3 , 1987, as amended (the "1987 Sale Agreement") , (4)
47 those Stipulations for Settlement dated December 21, 1987, in
48 the Ninth Judicial Circuit Court (Case No. CI 87-2462) and the
49 United Stated District Court, Middle District (Case No. 87-
50 387-CIV-ORL-19) and that City Resolution No. 87-23, dated
51 December 29, 1987 authorizing certification of the
52 Stipulations (the "Stipulations") , (5) that Developer' s
7
1 Agreement dated November 22, 1988 by and between the City and
2 Owner (the "November 22, 1988 Developers ' Agreement for Water
3 Service" ) , (6) that Amendment to City of Ocoee Waste Water
4 Developers ' Agreements Nos. OWW-87-2, OWW-87-3, OWW-87-4, OWW-
5 87-5, OWW-87-8, OWW-87-10, OWW-87-11, and OWW-87-12 dated
6 October 1, 1992 (the "October 1, 1992 Agreement") and (7) that
7 Water and Sewer Revenue and Maintenance Fee Agreement dated as
8 of January 17, 1995 . These seven items are hereby
9 collectively referred to as the "Water and Sewer Agreements" .
10
11 B. CONCLUSIONS OF LAW. Based upon the Findings of Fact and the
12 Conditions of Approval hereinafter set forth, the City Commission
13 of the City of Ocoee, Florida hereby makes the following
14 Conclusions of Law:
15
16 1. The development permitted by this Development Order is
17 consistent with the achievement of the objectives of the State
18 Comprehensive Plan and the State Land Development Plan and
19 therefore will not unreasonably interfere with those
20 objectives.
21
22 2 . The development permitted by this Development Order is
23 substantially consistent with the report and recommendations
24 of the East Central Florida Regional Planning Council .
25
26 3 . The development permitted by this Development Order is
27 consistent with the adopted City of Ocoee Comprehensive Plan,
28 as amended, and the City of Ocoee land development regulations
29 and adequate public facilities are available for Phase I of
30 the Project.
31
32 PART II. CONDITIONS OF APPROVAL
33
34 A. GENERAL CONDITIONS
35
36 1. The definitions contained in Chapter 380, Florida Statutes,
37 shall govern and apply to this Development Order.
38
39 2 . This Development Order shall be binding upon the Developer,
40 its assignees, or successors in interest, including any entity
41 that may assume any of the responsibilities imposed on the
42 Developer by this Development Order. Reference herein to any
43 public agency shall be construed to mean any agency that may
44 in the future be created or designated as a successor in
45 interest to, or that otherwise will possess any of the powers
46 and duties of the public agency with respect to the
47 implementation and administration of the DRI program and the
48 terms and conditions of this Development Order.
49
50 3 . For the purposes of this Development Order, "the Project" is
51 the work and development that is to occur on. the Property as
8
1 permitted through this Development Order. The Project shall
2 consist of no more than the following uses:
3
4
5 LAKE LOTTA MALL
6 DEVELOPMENT PROGRAM BY PHASE
7
8 LAND USE PHASE I PHASE II
(2002) (2005)
(11/30/2000) ` (11/30/2003) '
9 RETAIL GLA GSF GLA GSF
10 Mall 1, 100, 000 1, 245,276 150, 000 155, 955
11 Peripheral Retail 100, 000 105, 000 150, 000 157, 000
12 Total 1,200, 000 1, 350, 276 300, 000 312, 955
13
14
15
16 LAND USE TOTAL ALL PHASES PARKING
17 RETAIL GLA GSF
18 Mall 1,250, 000 1, 401,231 6,250
spaces
19 Peripheral Retail 250, 000 262, 000 1,200
spaces
20 Total 1, 500, 000 1, 663,231 7, 500
spaces
21
22
23
24 GLA = Gross Leasable Area
25 GSF = Gross Square Feet
26
27 Th- Mall 1-nd - - - - forth - •ov- in ud-s a movie the-t-r .f
28 u• to 61 650 G or 60 000 GLA and u. to 3 000 se- ts. Of
29 the 6 250 •arkin• s.aces allocat-d to the Mall land uses u•
30 to 500 •arkin• s•a es ar- alloc- ted to a movie thea er within
31 the Mall ,.
32
33 This Development Order has extended the dates of each chase by
34 2 years 11 months after the dates provided in the ADA. Extensions to the phase
35 dates may be made pursuant to §380.06(19 , Florida Statutes. Any future
36 extensions shall be reviewed cumulatively with the extensions provided by this
37 Development Order condition to the original phase dates projected in the ADA.
9
1 RETAIL USES include all uses permitted under the City Land
2 Development Code within a C-2 Zoning District, including but
3 not limited to retail mall, retail, restaurants, a movie
4 theater, an auto service/gasoline sales center and related
5 retail activities, but expressly excluding the following uses
6 which are hereby prohibited: gasoline stations, automobile
7 sales, commercial convenience stores with or without gas
8 sales, drive-in restaurants with no inside seating, equipment
9 sales, miniature golf courses, pawn shops and funeral homc3.4.
10 funeral homes nursin• homes non-r-tail •alleries and non-
11 --- -- -- - - ---- - -- - - - -- --- - ---
11 retail mus-ums. Notwithst-ndin• the forectoin• or an
12 provision to the contrary contained in this Development Order,
13 no more than 50 0.0 •ross s. ar- feet of the Pro 'ect' s Retail
14 Uses a..roved b this D-velo•men Order shall be develo.ed for
15 us- as medic- 1 dental or •rofessional offi es. Attached
16 hereto as Exhibit " " an. b thi- reference made a 'art hereof
17 i- Table -1 U- - Re•ul- ion- of the it of Ocoee Land
18 Development Code which sets forth those land uses permitted
19 within a C-2 Zoning District.
20
21 Upon written request to the City, the Developer shall have the
22 right to increase the Peripheral Retail use up to an
23 additional 50, 000 square feet GLA (52 , 400 GSF) by reducing
24 retail square footage in the Mall without the necessity of
25 modifying this Development Order, under the following
26 parameters:
27
28 (i) Any transfer shall be based on trip generation
29 leveler as _provided by the most current edition of the
30 Institute of Trans.orta io En• ineer' s Tri. Generation
31 manual since Peripheral Retail will generate more trips
32 per thousand square feet than will the Mall rctail
33 Retail;
34
35 (ii) Additional on-site and near-site traffic analysis
36 shall be conducted to the City of Ocoee' s satisfaction
37 when additional Peripheral Retail development is
38 proposed. The Developer shall not be entitled to
39 increase the Peripheral Retail as set forth above unless
40 the City determines that the additional on-site and near-
41 site traffic analysis is satisfactory; and
42
43
44 (iii) The Developer shall not be entitled to increase
45 the Peripheral Retail as set forth above unless the
46 Developer has been issued a building permit for a mall of
47 at least 800, 000 gross square feet and has commenced
48 construction pursuant thereto-: and
49
50 iv The Dev-lo•er shall include i he AnnualRe•ort
51 an increases in th- P-ri.heral Retail .ursuant to the
52 provisions set forth above.
10
1 4 . The Project shall consist of no more than 1, 663, 231 gross
2 square feet of retail space with 7, 500 parking spaces on 130
3 acres as more fully set forth in Condition 3 of Part II (A)
4 above and shall be developed in accordance with the Rcviacd
5 revised Master Development Plan dated January 20, 1995
6 (Revised Map H from ADA) , which is presented as Exhibit "B" of
7 this Development Order and by this reference incorporated in
8 this Development Order. The foregoing includes a movie
9 theater with up told 61, 650 gross square feet (60, 000 gross
10 leasable area)__ and up to 3 , 000 seats _ along with 500 parking
11 spaces.
12
13 5 . The Project shall be developed in accordance with the
14 information, data, plans and commitments contained in the Lake
15 Lotta Mall DRI/ADA and its Supplemental Information, unless
16 otherwise directed by the conditions enumerated herein. For
17 the purpose of this condition, the ADA shall consist of the
18 following items:
19
20 (a) Lake Lotta Mall DRI Application for Development Approval
21 dated August, 1993 ;
22
23 (b) First Sufficiency Response dated December, 1993;
24
25 (c) Second Sufficiency Response dated February, 1994;
26
27 (d) Revisions to the DRI/ADA dated August, 1994;
28
29 (e) Letter dated September 22, 1994 from John H. Percy to
30 Fred Milch of ECFRPC;
31
32 (f) Letter dated September 23, 1994 from Aaron Dowling,
33 Executive Director of the ECFRPC, to Mayor S. Scott
34 Vandergrift;
35
36 (g) Letter dated November 15, 1994 from John H. Percy to Jim
37 Grant;
38
39 (h) Letter dated November 30, 1994 from John H. Percy to Fred
40 Milch of the ECFRPC;
41
42 (i) Letter dated December 5, 1994 from Aaron Dowling,
43 Executive Director of ECFRPC, to Ellis Shapiro, City
44 Manager;
45
46 (j ) Letter dated December 19, 1994 from Tom Cloud to Aaron
47 Dowling, Executive Director of ECFRPC; and
48
49 (k) Letter dated December 21, 1994 from Aaron Dowling,
50 Executive Director of ECFRPC, to Ellis Shapiro, City
51 Manager.
52
11
1 6 . The Lake Lotta Center DRI is a proposed development that is
2 adjacent and contiguous to portions of the Project and
3 consists of commercial and residential land use components.
4 The Lake Lotta Mall DRI and the Lake Lotta Center DRI
5 (hereinafter collectively referred to as the "DRI Projects" )
6 are two separate and distinct projects which will be owned by
7 unrelated owners at the time of issuance of the first building
8 permit for either of the DRI Projects . The City is approving
9 a development order for the Lake Lotta Center DRI on the same
10 date as it is approving this Development Order. After
11 adoption of the separate DRI development orders, each
12 development will be regulated by their respective DRI
13 development orders and without consideration of the other
14 project except for the areas of housing, transportation, air
15 quality, wildlife and vegetation, and wetlands as set forth in
16 that certain Lake Lotta DRI Processing Agreement dated
17 November 22, 1994, entered into by the Developer, Lake Lotta,
18 Ltd. , and the State of Florida Department of Community Affairs
19 ( "DCA"), pursuant to Section 380.032 (3) , Florida Statutes
20 (hereinafter referred to as the "DRI Processing Agreement") ,
21 said DRI Processing Agreement being incorporated herein by
22 reference and made a part hereof in the same manner as if
23 fully set forth herein. In the event of any conflict between
24 this Development Order and the DRI Processing Agreement, the
25 provisions of the DRI Processing Agreement shall control .
26
27 B. TERMS AND CONDITIONS RECOMMENDED BY THE EAST CENTRAL FLORIDA
28 REGIONAL PLANNING COUNCIL. AS AMENDED.
29
30 Archaeological Sites
31
32 1. Archaeological Protection Requirements. Project construction
33 personnel shall be notified, through posted advisories or
34 other methods, of the potential for artifact discoveries on
35 the site and to report suspected findings to the Project
36 manager. In the event of discovery of artifacts of historical
37 or archaeological significance during Project construction,
38 the Developer shall stop construction at the site of
39 discovery and notify the City of Ocoee and the Division of
40 Historic Resources of the Florida Department of State. From
41 the date of notification, construction shall be suspended
42 within a 100 foot radius of the site of discovery for a period
43 of up to 120 days to allow evaluation of the site.
44
45 Vegetation and Wildlife
46
47 2 . Wildlife Protection. Except as otherwise allowable by this
48 Development Order, site development related activities shall
49 not result in the harming, pursuit or harassment of wildlife
50 species classified as endangered, threatened or a species of
51 special concern by either the state or federal government in
52 contravention of applicable state or federal laws. Should
12
1 such species be determined to be residing on, or be otherwise
2 significantly dependent upon the sites of the DRI Projects,
3 the Developer shall cease all activities which might
4 negatively affect that individual or population and
5 immediately notify the Florida Game and Fresh Water Fish
6 Commission and the United States Fish and Wildlife Service.
7 Proper protection and habitat management, to the satisfaction
8 of the above agencies, shall be provided by the Developer.
9
10 "Harming" and "harassment" as used in this Condition shall
11 be defined in the same manner as "harm" and "harass"
12 respectively are defined in 50 CFR Section 17 . 3 .
13
14 3 . Gopher Tortoise Protection. Mitigation of gopher tortoise
15 impacts shall be accomplished in a manner that is acceptable
16 to the Florida Game and Fresh Water Fish Commission and the
17 DCA consistent with their applicable guidelines, with the
18 exception that on-site preservation shall not be an option.
19 The final mitigation option shall be determined prior to
20 approval of a final site plan or final subdivision plan by the
21 City of Ocoee. The final agreed upon mitigation option shall
22 be inco •orated b reference into thi- Develo•ment Order and
23 -hall b- enforced as a condition of this Develo•ment Order.
24
25 Public Facilities
26
27 4 . Nonpotable Water Needs . To meet the nonpotable water use
28 demands of the Project, the development shall use, in order of
29 priority:
30
31 i . all treated wastewater made available to the site and
32 which meets state criteria for reuse, up to the entire
33 nonpotable water demand;
34
35 ii. treated stormwater; and
36
37 iii. nonpotable quality groundwater;
38
39 unless otherwise directed by the City, Florida Department of
40 Environmental Protection, the St. Johns River Water Management
41 District, or other jurisdictional regulatory agency. Potable
42 water may be used for irrigation to the extent that lower
43 quality water is not available to meet the entire irrigation
44 need and its use otherwise complies with all applicable
45 governmental regulations .
46
47 5 . Irrigation. Irrigation shall be performed in accordance with
48 applicable City of Ocoee ordinances and policies and the
49 Florida Department of Environmental Protection and St. Johns
50 River Water Management District rules and regulations.
51
13
1 6 . Surface Water Management System. The Developer or a property
2 owners ' association formed by the Developer shall establish
3 and implement an inspection and maintenance program for all
4 components of the surface water management system for the
5 Project site to assure that the components continue to operate
6 at their design capacities for the life of the Project. This
7 program shall be submitted to the City prior to approval of a
8 final site plan or final subdivision plan for any portion of
9 the Project and shall be subject to review and approval by the
10 City. This program shall include, but not necessarily be
11 limited to:
12
13
14 i. Stormwater facility operating inspections on a regular
15 basis and following major rainfall events for the removal
16 of excessive sediment, debris or other flow obstructions;
17
18 ii. Routine maintenance activities (e.g. mowing, trash
19 removal, etc. ) ;
20
21 iii. Ongoing educational programs for maintenance staff
22 personnel regarding the correct usage of and application
23 rates for fertilizers and chemicals (e.g. herbicides)
24 within common areas that contribute runoff to the
25 stormwater management facilities, the removal of noxious
26 weeds and retention of desirable aquatic vegetation, and
27 correct procedures for other maintenance/landscaping-
28 related activities which have the potential for adversely
29 affecting water quality conditions on the Project site.
30
31 7. Property Owners ' Association. Prior to platting of any
32 portion of the Property, the Developer shall form a property
33 owners ' or similar association which will assume drainage
34 system operation and maintenance responsibilities and record
35 restrictive covenants with respect to the matters addressed in
36 Conditions 6 and 7 of Part II (B) of this Development Order.
37 The association shall be created with defined duties and
38 responsibilities regarding the operation and maintenance of
39 the surface water management system and ground and surface
40 water monitoring programs, and have sufficient legal authority
41 and power to establish the mandatory collection of fees and/or
42 assessments from all property owners for use in financing the
43 operation, replacement and maintenance of these systems and
44 programs. The restrictive covenants and documentation
45 forming the association shall be subject to the review and
46 approval of the City. The Developer shall provide acceptable
47 documentation to the City of Ocoee and the St. Johns River
48 Water Management District that this condition has been met at
49 the time that such an entity is formed.
50
51
14
1 Housing
2
3 8 . Low Income Housing.
4
5 (a) The Developer has demonstrated that there is an
6 adequate housing supply to meet the demand for the very low
7 and low income employee households for Phase I of the DRI
8 Projects. A second supply inventory shall be conducted and
9 approved prior to the start of development beyond the
10 1, 350, 276 gross square feet of commercial authorized for Phase
11 I of the DRI Projects. The Developer will estimate the
12 demand for affordable housing based upon actual employees
13 hired in the previous phase for the DRI Projects and
14 estimated employees for the balance of the DRI Projects. The
15 Developer shall re-inventory the housing supply, using data
16 that is more up-to-date and cost sensitive than the Census
17 data. The Developer shall use a methodology adopted by rule
18 by DCA. If no such rule has been adopted, the Developer
19 shall use a housing methodology approved by the Department of
20 Community Affairs, the ECFRPC and the City of Ocoee.
21
22 (b) Should the approved future analysis show a need to
23 mitigate the housing impacts of the DRI Projects, the
24 Developer must do one or more of the following within a ten
25 mile or twenty minute commute of the Project site (whichever
26 is closer) :
27
28 i. Build affordable housing units;
29
30 ii. Buy down unaffordable housing units through donations or
31 other mechanisms to make them affordable;
32
33 iii. Rehabilitate vacant substandard housing units to create
34 adequate affordable units; or
35
36 iv. Any other alternative acceptable to the Department of
37 Community Affairs, the East Central Florida Regional
38 Planning Council, and the City of Ocoee.
39
40 The Developer' s proposed mitigation shall be included in the
41 a• •roved b the DCA and he Cit and shall be includ-• in this
42 Development Order by amendment. All housing provided for
43 mitigation must be available or guaranteed commitments made to
44 assure that the needed housing will be available within three
45 (3) years of the time that thc Supply study hao bccn
46 complctcd. By the end of thin thrcc (3) year period, thc
47 Developer Shall report to thc City of Ocoee, the ECFRPC, and
48 the DCA on the succoop of thc plan and shall provide
49 oufficicnt documcntation to dcmon3tratc thio 3uccc3o. No non
50 re3idential development Shall be permitted for either of the
51 DRI Project3 beyond the three (3) year period if thi3
52 obligation ha3 not bccn fully met in accordance with the
15
1 Ade. ate Housin. Uniform Standard Rule set forth in Rule 9J-
2 2 . 048, Florida Administrative Code, or such other alt-rnatives
3 as are acceptable as set forth _in subparagraph 8 b iv above.
4
5
6 Transportation
7
8 9 . Project Phasing. For the purpose of the transportation
9 conditions of this Development Order, the DRI Projects shall
10 be considered as one project and divided into and limited to
11 the following phases, based upon peak hour trip ends or total
12 average daily trip ends (based upon the then current ITE Trip
13 Generation manual) , whichever comes first:
14
15 Phase Total Peak Total Average Cumulative
16 (Year) Hour Trip Cumulative Daily Average
17 Ends Per Peak Hour Trips Per Daily
Phase Trip Ends Phase Trips
18 I 4, 108 4, 108 44, 318 44, 318
19 (2002)
20 (11/30/2000)4
21 II 2, 766 6, 874 29, 833 74, 151
22 (2005)
23 (11/30/2003),
24
25
26 The numbers above include trips from both of the DRI Projects
27 with the first phase representing the mall development of
28 1, 245, 276 gross square feet (including a movie theater with uO
29 to 61 .50 gross s. are fe-t , 105, 000 gross square feet of
30 retail, 200 multi-family residential dwelling units and 151
31 single family residential dwelling units, only. The City of
32 Ocoee may approve any or all development utilizing these phase
33 trip levels, subject to the conditions within this
34 Development Order.
35
36 10 . Monitoring and Modeling Methodology.
37
38 (a) Prior to the initiation of each phase beyond Phase
39 I as identified in the preceding paragraph, the Developer
40 shall conduct a monitoring/modeling program. Said program
41 shall ascertain the level of service ( "LOS") on facilities
42 where the combined traffic from the DRI Projects is estimated
43 to contribute an amount of traffic greater than or equal to
44 ten percent (10%) of the LOS "C" service volume. The
45 methodology of the monitoring/modeling program shall be agreed
46 upon by the East Central Florida Regional Planning Council,
• 47 the City of Ocoee, Orange County, the Florida Department of
48 Transportation ( "FDOT") , the Florida Department of Community
16
1 Affairs and the Developer, with LYNX being included in an
2 advisory role only. All studies and monitoring/modeling
3 programs shall be consistent with the then current FDOT LOS
4 rules, procedures, and criteria. The depth of each monitoring
5 and modeling effort shall be similar to that required within
6 a DRI Application for Development Approval but shall be
7 compatible with the requirements of the City of Ocoee' s
8 Concurrency Management System as it relates to facilities
9 within the City of Ocoee. For the purposes of this
10 Development Order, the City of Ocoee' s Concurrency Management
11 System consists of any and all ordinances, resolutions and
12 regulations adopted by the City Commission of the City of
13 Ocoee to implement the requirements of Section 163 .3202 (2) (g) ,
14 Florida Statutes . In the event that all parties cannot come
15 to agreement on the methodology, the ECFRPC Orange County and
16 the City of Ocoee shall be the final arbiters, with City of
17 Ocoee' s decision being final as it relates to City of Ocoee
18 facilities (i.e. , facilities located within the corporate
19 limits of the City or for which the City has primary
20 maintenance responsibilities) and the ECFRI'C' a. Orange,
21 County' s decision being final as it relates to Orange County
22 facilities and the ECFRP ' s d-cision bein• final a- it rela e-
23 to all other facilities• srovided. however that the final
24 arbitration shall not be construed t• prevent the D A from
25 enforcin• its obli•ations and ri.hts under Chaster 380
26 Florida Statutes.
27
28 (b) The following list of facilities indicates those
29 roadways within the study area which were analyzed for full
30 buildout of the DRI Projects. The facilities to be
31 monitorcd/ modeled monitored/modeled for the next phase may
32 include, but shall not be limited to, those segments of the
33 regional roadways within the attached list and one segment
34 beyond where the DRI Projects are estimated to contribute a
35 cumulative amount of traffic greater than or equal to ten
36 percent (10%) of the LOS "C" service volume, based on the
37 modeling of the buildout of the subsequent phase. The
38 analyzed facilities will include signalized intersections and
39 link analyses of collector and higher classified roadways and
40 interchange ramps.
41
42 The ECFRPC, FDOT, DCA. Orange County and City of Ocoee shall
43 have the right to make reasonable requests for additional
44 information from the Developer to verify adherence to these
45 provisions. The Developer shall supply adequate information
46 toward compliance with these requirements.
47
48 Candidate Roadways for Monitoring/Modeling Study_
49
50 o CR 535 from Tilden to SR 50
51 o Maguire Road from Roberson to SR 50
17
1 o Bluford Avenue (SR 439) from SR 50 to Silver Star
2 Road
3 o Clarke Road from SR 50 to A.D. Mims Road
4 o Apopka Vineland Road from Conroy Windermere-Gotha
5 Road to Old
6 Winter Garden Road
7 o Apopka Vineland Road from Silver Star Road to
8 Clarcona-Ocoee Road
9 o Good Homes Road from Old Winter Garden Road to
10 Silver Star Road
11 o Hiawassee Road from Conroy-Windermere Road to
12 Silver Star Road
13 o Old Winter Garden Road from Kirkman Road to SR 50
14 o East-West Expressway from Kirkman Road to Florida' s
15 Turnpike
16 o Colonial Drive (SR 50) from John Young Parkway to
17 CR 455
18 o Balboa Drive from Powers Drive to Good Homes Road
19 o Geneva Street from Bluford to Kissimmee Avenue
20 o Story Road from Kissimmee Avenue to West Plant
21 Street
22 o White Road from Good Homes Road to Bluford Avenue
23 o Silver Star Road (SR 438) from Powers Drive to
24 Ocoee-Apopka Road
25 o A.D. Mims Road from Apopka-Vineland Road to
26 Clarcona-Ocoee Road
27
28 (c) In the event that a roadway widening is identified
29 which is not compatible with adopted policy of the FDOT or
30 local government (constrained) , then the Developer, City of
31 Ocoee, DCA (if a regional road) the East Central Florida
32 Regional Planning Council and the party having either
33 maintenance or jurisdictional responsibility for the facility
34 shall jointly determine alternate mitigation solutions to
35 provide for the movement of people.
36
37 11 . Monitoring and Modeling Results.
38
39 (a) The DRI Projects shall not commence beyond Phase I
40 (an equivalent of 4, 108 total peak hour trip ends or 44, 318
41 total average daily trips) into Phase II as identified above
42 when service levels are below the minimum service level
43 adopted in the applicable local government ' s comprehensive
44 plan for that specific roadway using average daily trips and
45 peak hour trip ends and the DRI Projects contribute, or are
46 projected to contribute with the next phase of traffic, ten
47 percent (10%) or greater to the LOS "C" service volume of the
48 roadway or intersection as determined by the monitoring
49 program required in the preceding condition, unless
50 mitigation measures and/or improvements are secured and
51 committed for completion during the phase in which the impacts
52 occur.
18
1 (b) Prior to the commencement of Phase II, this list of
2 committed roadway improvements must be identified. These
3 improvements shall occur by the required threshold in order
4 for the Project to proceed through the balance of the phase.
5 If the Developer can demonstrate that a portion of a phase
6 does not adversely affect the Regional Roadway network as
7 determined by the monitoring and modeling tests discussed
8 above, then the Developer may proceed with that portion of the
9 phase (and only that portion) . It is the intent of this
10 condition to ensure that this Development Order is consistent
11 with the provisions of Chaptcr 380 .00 (15) (c) (1) Sections
12 380 .06 (15) (0 (j and 380 . 06 (15) (e) (2) ; provided, however, that
13 this shall not be construed to obligate the City to spend any
14 funds to improve state roads. Further, this condition is
15 intended to avoid the conflict of simultaneously applying the
16 differing standards of the aforesaid ten percent (10U rule
17 and the City' s Concurrency Management System . Should the
18 provisions of this Development Order give directions that
19 prevents compliance with the City of Ocoee Concurrency
20 Management System, then the City of Ocoee Concurrency
21 Management System will govern on all non-otatc regional
22 roadways.
23
24 (c) To aid in assessing the Project ' s potential for
25 impacting facilities, DRI Annual Reports shall include
26 documentation that the applicable level of service
27 requirements are being met. Such documentation shall include
28 current roadway LOS (may be obtained from latest Concurrency
29 Management System data of the City of Ocoee and/or the
30 applicable local government) , Project traffic contributed to
31 the roadway facility (based on latest test
32 modeling/monitoring effort) and other appropriate information.
33
34 12 . Tri-Party Agreement. Toward the achievement of the objectives
35 in the two preceding conditions, an agreement (s) among the
36 City of Ocoee,.. Orange County, and the Developer shall be
37 entered into within twelve (12) months of the initiation of
38 Project site development. Said agreement (s) shall address and
39 clarify such issues related to equity in the application of
40 fees for transportation improvements. Said fees shall be
41 based on a fair-share basis with respect to the improvements
42 to be provided and not solely on the basis of impact fees.
43 However, such an agreement would not alter or waive the
44 provisions and requirements of the other recommendations of
45 the this Development Order as a mitigative measure for the
46 transportation impacts of the DRI Projects. In the cvent
47 that one Devel• •ment Permi - as defined in Section
48 163 . 3164 (8) , Florida Statutes, shall not be withheld due to
49 the failure of one or more, of the designated parties to the
50 said agreement (other than the Developer) fails to execute
51 paid interlocal agrccmcnt (3) within thc 3pccificd timc, thcn
52 thc Developer may proceed with the Project based upon the-
19
1 = ' - _ - __ - ' - _ - - - - z . - _ _ _ _ - -
2 - _ -_ - _ _ _ - - __ _- _ _- to
3 execute said agreement. Separate agreements may be entered
4 into with one or more parties and the Developer. Nothing
5 contained herein shall be construed to require the City to
6 appropriate road impact fees for purposes which are not
7 permitted by the City of Ocoee Road Impact Fee Ordinance.
8
9 13 . Mitigation. The following improvements are those either
10 assumed to be in place (because they are already funded) or
11 are necessary as a result of this Project ' s background traffic
12 and the Project contributes ten percent (10%) or greater to
13 the design service volume of the facility. Those programmed
14 improvements must be complete and operational on or before the
15 date of issuance of the first certificate of occupancy for any
16 portion of the DRI Projects. Those not programmed shall be
17 operational at the time or ADT level specified:
18
19 Phase I requirements
20
21 Intersections
22
23 o Hiawassee and SR 50 shall be improved by adding
24 northbound and southbound exclusive right-turn lanes
25 prior to issuance of the first certificate of occupancy
26 for either of the DRI Projects.
27
28 Phase II requirements
29
30 Roadways
31
32 o Clarke Road must be six (6) laned from SR 50 to White
33 Road.
34 o Old Winter Garden Road must be four (4) laned from
35 Hiawassee Road to Good Homes Road.
36 o Colonial Drive (SR 50) must be six (6) laned from
37 Kirkman Road to Old Winter Garden Road.
38 o Silver Star Road must be four (4) laned from Hiawassee
39 Road to Clarke Road.
40
41 Intersections
42
43 o Old Winter Garden Road and Hiawassee Road; add northbound
44 right turn lane.
45 o Old Winter Garden Road and Good Homes Road; Signalize and
46 add eastbound and southbound left turn lanes, add
47 westbound right turn lane.
48 o SR 50 and Pine Hills Road; Add northbound right turn
49 lane, add eastbound left turn lane.
50 o SR 50 and Kirkman Road; add southbound left turn lane,
51 add westbound and eastbound through lanes.
20
1 o SR 50 and Hiawassee Road; add northbound, southbound and
2 eastbound right turn lanes.
3 o SR 50 and Clarke Road; add southbound left turn lane and
4 northbound and southbound through lanes.
5
6 The necessity for construction of these facilities prior to
7 the Project ' s generation of the referenced number of trips
8 shall be subject to the results of monitoring and modeling
9 studies conducted pursuant to the other terms of this
10 Development Order. The burden of proof is upon the Developer
11 to show that any particular improvement listed above is not
12 required or may be delayed. The final dccision rcoto with the
13 Florida Dcpartmetit ef Traaepertatien en state facilitico, the
14
15
16 - _ -- . - _ _ _ - _ _ _ -
17 Rcgional Planning Council fet' all eta roadways . In the
18 event a monitoring and modeling study determines that
19 different roadway improvements are required (including roadway
20 segment, type of improvement and timing) other than those in
21 the aforementioned list, then this Development Order shall be
22 amended prior to the commencement of Phase II pursuant to the
23 provisions of Subsection 380. 06 (19) , Florida Statutes, to
24 reflect the required revision.
25
26 14 . Committed Improvements.
27
28 (a) If the City of Ococe Comprchcnoivc Plan
29 comprehensive plan of the localcrovgrnment having jurisdiction
30 over the roadway is in compliance with Chapter 163, Part II,
31 Florida Statutes, and includes a transportation concurrency
32 management system that recognizes improvements scheduled
33 within the first three years of the capital improvements
34 schedule (pursuant to Rule 9J-5.0055 (2) (c) , Florida
35 Administrative Code) , then those improvements may be counted
36 as committed. If the City of Ococc Comprchcnoivc Plan
37 com•rehensive •lan of the local crovernment havin• jurisdiction
38 over the road is not in compliance, or does not include a
39 transportation concurrency management system that recognizes
40 improvements scheduled within the first three years of the
41 capital improvements schedule, then only improvements
42 scheduled for construction within the first three years of the
43 current FDOT improvement program or within the first year of
44 the local work program may be counted as committed.
45
46 (b) Committed improvements may also include (i) a
47 binding financially secured and irrevocable commitment by the
48 Developer or other applicable persons or entities for the
49 design, engineering and actual construction of the necessary
50 improvements (with the posting of a cash bond, surety bond,
51 irrevocable letter of credit or other security in a form
52 satisfactory to the City of Ocoee) , which requires
21
1 construction to occur during the applicable phase and must be
2 in accordance with the requirements of applicable law, and
3 must otherwise comply with the requirements of the City of
4 Ocoee Comprehensive Plan, or (ii) any alternative mutually
5 agreed upon by the City of Ocoee, the ECFRPC, the Florida
6 Department of Community Affairs and the Developer and
7 incorporated into the this Development Order by amendment.
8 O•tion (i) above shall be ap.licable onl to roadwa.
9 im.rovements which are s.ecifi all listed in this Develo.ment
10 Order,_ as it may be amended from time to time. In the event
11 the Develo.er utilizes said 0.tion i above notice shall be
12 • iven to the De.artment of Communit Affairs of such action at
13 or before the time of a..roval of the form of securit b the
14 Cit of 0 oee and the selection of said O.tion i ma in no
15 event dela the timin. .r chane the nature of th- s•ecified
16 im.rovement without an am-ndment of this Dev-lo.ment Order.
17 Construction of an such committed im.rovement must be
18 commenced and thereafter completed at or .rior to the
19 alicab
pple time (s) reflected in this Development Order or an
20 amendment to this Develo.ment Order shall be re. ired.
21
22 15 . Proportionate Share Agreement.
23
24 (a) In the event that the monitoring/modeling results,
25 as set forth in Conditions 12 and 13 of Part II (B) of this
26 Development Order, show that improvements must be made to
27 state roads and if mitigation is not provided as set forth in
28 Conditions 13 and 14 of Part II (B) of this Development Order,
29 then prior to any construction of any portion of Phase II and
30 subject to the provisions of Section 380.06 (15) (e) , Florida
31 Statutes, the Developer, the City of Ocoee and the Florida
32 Department of Transportation (FDOT) shall enter into an
33 agreement which ensures that (i) a proportionate share payment
34 is made by the Developer to the FDOT for Project impacts to
35 SR 50 (West Colonial Drive) from Hiawassee Road to Old Winter
36 Garden Road and for impacts to SR 438 (Silver Star Road) from
37 Hiawassee Road to Clarke Road, (ii) said proportionate share
38 payment shall be used by FDOT only for the design,
39 engineering, permitting and/or construction of improvements to
40 the aforesaid state road segments, and (iii) said
41 proportionate share payment by the Developer constitutes
42 adequate provision for the public facilities needed with
43 respect to said state road segments to accommodate the impacts
44 of the Project from the date of issuance of the first
45 certificate of occupancy for the DRI Projects through Phase II
46 buildout, as required by Section 380 .15 (c) (2)
47 380 . 06 (15) (e). (21, Florida Statutes. The geographical limits
48 subject to this condition may be decreased if the FDOT
49 determines that the levels of service will be acceptable. The
50 calculations shall consider the entire Project ' s impacts from
51 the date of issuance of the first certificate of occupancy for
52 the Project through including both Phase I and Phase II
22
1 buildout. Determination of the proportionate share payment
2 shall use the following proportionate share contribution
3 formula:
4
5
6 DRI Trips
7 X Cost
8 SV Increase
9
10 For this formula, DRI Trips is the cumulative number of the
11 trips from the development expected to reach the roadway
12 during the peak hour from the complete Phase II buildout; SV
13 Increase is the change in peak hour maximum service volume of
14 the roadway resulting from construction of the improvement
15 necessary to maintain the desired level of service; and, Cost
16 is the cost of construction, at the time of developer payment,
17 of an improvement necessary to maintain the desired level of
18 service. Construction cost includes all improvement
19 associated costs, including engineering design, right-of-way
20 acquisition, planning, engineering, inspection, and other
21 associated physical development costs directly required and
22 associated with the construction of the improvement, as
23 determined by the governmental agency having maintenance
24 authority over the roadway.
25
26 (b) The City of Ocoee has not agreed and is not by this
27 Development Order placed under any duty or obligation to
28 commit to make adequate provision for the public facilities
29 needed with respect to state road segments to accommodate the
30 impacts of the DRI Projects from the date of issuance of the
31 first certificate of occupancy through Phase II buildout as
32 required by Section 380 . 0G (15) (c) (22) 380 .06 (151 (e) 2),,
33 Florida Statutes; however, the intent of this Condition is to
34 insure that adequate provision is made by the developers of
35 the DRI Projects for the public facilities needed with respect
36 to state roads in order to accommodate the impacts of the DRI
37 Projects from the date of issuance of the first certificate of
38 occupancy through Phase II buildout.
39
40 (c) Notwithstanding any provision contained herein to
41 the contrary, the City of Ocoee shall have no financial
42 responsibility to contribute to or participate in the funding
43 of the design, engineering, permitting and/or construction of
44 improvements to any state roads, including but not limited to
45 SR 50 (West Colonial Drive) and SR 438 (Silver Star Road) .
46
47 (d) Prior to the commencement of any construction of any
48 portion of Phase II, this Development Order must be amended
49 pursuant to Section 380 .06 (19) , F.S . to include this agreement
50 if the monitoring/modeling results as set forth in Conditions
51 10 and 11 of Part II (B) above show that improvements must be
23
1 made to 3tatc regional roads and if mitigation is not provided
2 as set forth in Conditions 13 and 14 of Part II (B) above.
3
4 (e) The monitoring and modeling required after Phase I
5 and prior to Phase II shall be used to verify impacts from
6 Phase I and to more accurately estimate probable impacts from
7 Phase II. If necessary, the fair share amount will be
8 adjusted to reflect actual impacts from Phase I and the more
9 accurate information which will result from the Phase II
10 estimates. If it is verified that the roadway improvements
11 listed above are still needed, then the Project shall not
12 proceed into Phase II until payment is made and said
13 improvements are scheduled for construction in the FDOT work
14 program within the first three years from when the impacts are
15 estimated to be significant and adverse.
16
17 (f) If the parties cannot reach agreement independently
18 by that time, or if so desired by the parties at any time
19 prior to that, then the issues in dispute shall be submitted
20 to the East Central Florida Regional Planning Council for
21 voluntary mediation pursuant to its adopted Dispute Resolution
22 Process. The solutions recommended as a result of this
23 process shall be implemented and the this Development Order
24 amended pursuant to Section 380.06 (19) , F.S. to include these
25 solutions; provided, however, that these solutions must be
26 acceptable to the City of Ocoee in its sole discretion and
27 that these solutions shall not include any requirement that
28 the City of Ocoee participate in or contribute to the funding
29 of improvements to any state roads.
30
31 (g) This agreement shall apply only to the facilities
32 listed within this condition and shall be consistent with the
33 provisions of Rule 29F-3 . 11 (3) (g) , Florida Administrative
34 Code, and Section 380 . 06 (15) (e) , Florida Statutes.
35
36 16 . S.R. 50 Grade Separation. As a part of the monitoring and
37 modeling effort which is required prior to Phase II, special
38 emphasis shall be_ placed on the potential need for grade
39 separation at the intersection of SR 50 with Clarke Road and
40 the East-West Expressway, based upon the conditions at
41 buildout of the DRI Projects.
42
43 17 . Traffic Data for Annual Report. In each DRI Annual Report,
44 the Developer agrees that it shall report all information
45 required in Rule 9J-2 .025, Florida Administrative Code. In
46 addition, the Annual Report shall include the cumulative
47 external traffic being generated by the Project, either by
48 actual count or through utilization of the most current
49 edition of the Institute of Transportation Engineer' s Trip
50 Generation manual and development occupancy data. The chosen
51 method shall be used consistently through the life of the
52 Project .
24
1 18 . Pedestrian and Bicycle Circulation.
2
3 (a) In the interest of safety, and to promote
4 alternative forms of transportation, the Developer shall
5 provide a safe system for cyclist and pedestrian circulation
6 on site. Walkways and bikeways shall be constructed between
7 the mall, peripheral retail and the planned residential
8 development of the Lake Lotta Center DRI with consideration
9 given toward the security of residential areas . On-site
10 bikeways shall be connected with external bicycle systems and
11 will be provided in accordance with the current City of Ocoee
12 standards at the time of implementation. Appropriate signage
13 identifying bike routes will be installed. The provision of
14 showers and lockers for employees is strongly encouraged at
15 places of employment.
16
17 (b) The Developer shall consult with the ECFRPC' s or
18 County bicycle coordinator and the City of Ocoee Engineer
19 regarding the provisions for pedestrian and bicycle
20 facilities.
21
22 19 . Ridesharing Program. The Developer shall make known to
23 tenants of the Project that it is served by an existing
24 ridesharing program operated by LYNX. Transit and current
25 ridesharing information shall be prominently displayed in all
26 public gathering areas, in employment centers, and in
27 commercial center areas. Upon opening of the mall, a part
28 time ridesharing coordinator shall be hired by the Developer
29 and funded by the Developer for the life of the development
30 orders for the DRI Projects. The ridesharing coordinator is
31 responsible for coordinating with the area transit provider,
32 conducting ridesharing campaigns within the DRI Projects,
33 publicity, processing applications, distributing information
34 (including transit information) , etc. When the number of on-
35 site residents who work, in combination with the number of
36 employment levels on site within the DRI Projects, reach the
37 4, 000 level, this rideshare coordinator shall be a full time
38 position, with continued funding through the life of the
39 development ordersfor the DRI Projects being provided by the
40 Developer, and mayPbe; incorporated into the functions of any
41 Transportation Management Association (TMA) , if one exists
42 which services the area of the DRI Projects.
43
44 LYNX service connecting the Project to existing routes,
45 employment centers and appropriate residential areas will be
46 initiated upon opening of the mall . The Lake Lotta Mall DRI
47 will construct stops for the service, and coordinate with
48 LYNX. At a minimum, the Developer shall coordinate with LYNX
49 so that at least one LYNX route will be operational to the
50 Project site through the period of effectiveness of the
51 Development Order. At a minimum, transit operations shall be
25
1 adequate to attract 100 peak hour riders prior to the DRI
2 Projects reaching 60, 000 ADT' s .
3
4 20 . Transit. Transit passenger shelters and transit parking bays
5 shall be constructed where necessary to augment and facilitate
6 the operations of off-site transit facilities . The Developer
7 shall work with LYNX on the design of bus facilities and
8 amenities, including bus stops, to be located within the
9 Project boundaries . The following transit provisions shall be
10 considered, in consultation with LYNX:
11
12 * Transit service shall be directly to mall entrances, or
13 as determined to be necessary by LYNX and the City.
14
15 * Access and internal collector and arterial road
16 geometrics shall accommodate an eight (8) feet wide by
17 forty (40) feet long advance design coach.
18
19 * The Developer shall provide shelters and pull-out bays
20 along the on-site transit route. Shelter locations shall
21 be reasonably accessible _ via walkways/crosswalks for
22 pedestrian movement to and from buildings and meet all
23 regulations required under the Americans with
24 Disabilities Act of 1990 (as it may be amended from time
25 to time) .
26
27 * Appropriate signage and sufficient area lighting will be
28 required at all bus stops and shelter locations.
29
30 * Transit schedule and information displays will be
31 provided, at a minimum, at each on-site bus stop.
32
'33 * Maintenance of transit amenities shall be the
34 responsibility of the property owners' association
35 formed by the Developer.
36
37 * Details, standards and phasing of all, transit amenity
38 provisions must be approved by LYNX..
39
40 * Pedestrian movement between bus stops shall not exceed
41 1300 feet.
42
43 * Shuttle service within the Project should develop an
44 operating plan to coordinate with the LYNX regional
45 network, as applicable.
46
47 If additional property is necessary for bus stops beyond that
48 which can be accommodated within the existing right-of-way,
49 then this land shall be provided by the Developer.
50
51 21 . Turn Lanes. In order to provide safe access and to preserve
52 operational capacity, left and right turn deceleration lanes
26
1 shall be constructed at all entrances of the DRI Projects
2 along SR 50, Clarke Road, and White Road. Access to all
3 roadways shall be limited to the greatest extent possible.
4
5 22 . Access Points . In order to facilitate movement within the
6 site, minimize traffic on the regional roadway network and to
7 encourage sharing of access points to the regional roadway
8 network, the Developer shall :
9
10 i . allow connections between adjacent projects where land
11 use compatibility allows; and
12
13 ii . share and combine driveways and create internal
14 circulation systems to limit congestion along regional
15 roadways .
16
17 23 . Transportation Management Association.
18
19 (a) The Developer shall become an active and financially
20 supportive member of any Transportation Management Association
21 (TMA) which services this area. Mandatory membership by all
22 non-residential entities within the DRI Projects shall be
23 required through enforceable covenants recorded at the time
24 of the first plat of any portion of the Property or other
25 similar mechanisms.
26
27 (b) Either through the TMA or individually, the
28 Developer shall provide or require of tenants of the Project
29 the following:
30
31 i. Require that transit and ridesharing studies be
32 conducted by employers of more than 50 people to
33 assess travel patterns and commuting needs. This
34 information shall be supplied to the TMA, if one is
35 operational, and LYNX, and shall be summarized and
36 included in the DRI Annual Report.
37
38 ii. Preferential parking will be provided by employers
39 to their employees who participate in rideshare
40 programs.
41
42 iii. For the benefit. of Lake Lotta Center DRI residents
43 and to help offset impacts to SR 50, the Developer
44 shall not prohibit the use of the mall parking area
45 as a rideshare lot. The Developer should
46 accommodate this usage through coordination with
47 LYNX, the City of Ocoee and the Metropolitan
48 Planning Organization to implement this objective.
49 On site lots should accommodate at least 100
50 vehicles and may be shared with parking for
51 commercial land uses and should be coordinated with
52 available transit systems .
27
1 iv. Promote and encourage variable work hours and
2 flextime participation by on-site employers.
3
4 v. Make known to tenants that the Project area is
5 served by an existing ridesharing program operated
6 by LYNX. Future transit (when available) and
7 current ridesharing information shall be
8 prominently displayed in all public gathering
9 areas, in employment centers and in commercial
10 center areas.
11
12 vi. Provide incentives, if necessary, to encourage the
13 establishment of day care facilities within the
14 Project.
15
16 24 . Traffic Reduction Goals. The Developer shall commit to a
17 definite, but non-binding, percentage goal toward the
18 reduction in vehicle trips through the promotion of walking,
19 bicycling, ridesharing and transit usage. This shall be
20 encouraged by the Developer through incentives to tenants and
21 land owners within the Project. The percentage reduction
22 goals shall be as follows:
23
24
25 Lake Lotta Center DRI and Lake Lotta
26 Phase/ADT For Mall DRI Overall Peak Hour Traffic
27 DRI Projects Reduction Goal
28
29 I - 4, 108 ADTe 5 . 0% of peak hour volume
30 II - 6, 874 ADTs 15 .0% of peak hour volume
31
32
33 Within the context of the annual monitoring report, the
34 Developer shall present an evaluation of the state of the
35 alternate transportation systems serving the sites of the DRI
36 Projects. Progress shall be compared to the goals and
37 requirements stated above.. Progress for the reporting year
38 shall be documented tc include ridership levels, transit route
39 changes, alterations or additions, ridesharing participation,
40 transit amenity construction, park-and-ride lot sites and
41 other efforts which facilitate movement into and around the
42 site of the DRI Projects by means other than the single
43 occupant vehicle.
44
45 C. LOCAL CONDITIONS BY THE CITY OF OCOEE.
46
47 1. Clarke Road. On or before the day a developer is issued a
48 building permit for a mall on the Property of at least 800, 000
49 gross square feet, the Developer shall donate and convey to
50 the City twenty-two (22) feet of land along that portion of
51 Clarke Road which is located within the . Property, such
52 conveyance being for the future 6-laning of that portion of
28
1 Clarke Road adjacent to the Property (hereinafter referred to
2 as "the Clarke Road Right-of-Way Conveyances" ) . The Developer
3 shall not receive any road impact fee or other credits for
4 Clarke Road Right-of-Way Conveyances . The Clarke Road Right-
5 of-Way Conveyances shall be conveyed by warranty deed free and
6 clear of all liens and encumbrances except for easements of
7 record. The Developer or the property owners' association
8 shall be responsible, at its sole cost and expense, for
9 maintenance of any such land conveyed to the City until such
10 time, if at all, as Clarke Road is expanded to a 6-lane
11 roadway or the City otherwise expressly assumes maintenance
12 responsibility. Prior to the time of such expansion, the
13 Developer shall have a right-of-way and easement across such
14 land as has been donated and conveyed to the City for its
15 benefit and that of its guests, tenants, invitees, employees,
16 mortgagees and other parties needing access to the Property;
17 provided, however, that the Developer shall indemnify and hold
18 the City harmless from any and all costs, expenses, and
19 liabilities, including but not limited to attorney' s and
20 paralegal ' s fees and costs, whether at the trial or appellate
21 level, arising out of or related to the use of such land by
22 the Developer and its guests, tenants, invitees, employees,
23 mortgagees and other parties needing access to the Property.
24 Any such conveyance shall contain the foregoing as a
25 reservation in the warranty deed. The aforementioned
26 conveyances and grants to the City shall not be construed to
27 impose any obligation on the City to expand Clarke Road to a
28 6-lane roadway or to acquire the right-of-way needed for such
29 expansion or to expend any public funds or road impact fees
30 for such purposes.
31
32 2 . Condemnation for Clarke Road Expansion. In the event
33 additional land or easements are needed for the 6-laning of
34 Clarke Road between SR 50 and White Road, then, subject to the
35 terms and conditions hereinafter set forth, the City shall, to
36 the extent permitted by law, utilize its power of eminent
37 domain in order to acquire such additional land or easements
38 if requested to do so in writing by the Developer. If the
39 Developer requests such action by the City, then the City
40 shall be obligated to pursue such action only if the City and
41 the Developer first enter into an agreement which sets forth
42 the terms and conditions under which the City will utilize its
43 eminent domain powers, such agreement being acceptable to the
44 City in its sole discretion. Any such agreement shall : (a)
45 include a provision that the Developer (and such other persons
46 or entities, if any, who may join in such an agreement) shall
47 be responsible for all costs and expenses incurred by the City
48 in connection therewith including but not limited to the
49 monies paid by the City to the property owners as compensation
50 for the taking and/or acquisition of the land and easements
51 required (including any payments made to such property owners
52 for severance damages) , attorneys, appraisers, surveyors,
29
r
1 engineers, and land planners fees and costs (whether incurred
2 by the City on its behalf or paid to the owners of the land
3 being acquired) , and all other costs and expenses which the
4 City may be required to pay to the owners of the land
5 acquired, (b) include a provision providing the City with
6 satisfactory assurances of the aforementioned payments (which
7 may include a requirement for a deposit and/or payment to the
8 City in advance) , (c) include such indemnities as may be
9 required by the City, and (d) provide that the City shall not
10 be required to exercise its powers of eminent domain unless
11 there is a current plan for the 6-laning of Clarke Road. It
12 is the intent of the City and Developer that the City bear no
13 cost or expense whatsoever should the Developer request that
14 the City exercise its powers of condemnation as aforesaid.
15
16 3 . White Road. At the time a developer is issued a building
17 permit for a mall on the Property of at least 800, 000 gross
18 square feet (or issued building permits which in the aggregate
19 allow for the construction of 800, 000 gross square feet of
20 retail space) , the Developer shall donate to the City the sum
21 of $250, 000 . 00 to be applied by the City towards the design,
22 engineering, permitting and construction of such improvements
23 to that portion of White Road west of Clarke Road and adjacent
24 to the Lake Lotta Center DRI as the City in its sole
25 discretion deems necessary to reduce the curvature on said
26 portion of White Road. The Developer shall not receive any
27 road impact fee or other credits for such donation.
28
29 4 . Water and Sewer Service. The Developer shall obtain water and
30 sewer service from the City subject to and in accordance with
31 the Water and Sewer Agreements, ordinances, resolutions
32 (including but not limited to resolutions establishing rates
33 and fees) and policies of the City with respect thereto;
34 provided, however, that the Developer shall first obtain from
35 the Owner an assignment of water and sewer capacity reserved
36 by the Owner pursuant to the Water and Sewer Agreements. Any
37 such assignment of water and sewer capacity shall be processed
38 in accordance with all applicable policies and procedures of
39 the City. Upon completion of such assignment, there will be
40 allocated to the Property of up to 150, 000 gallons/day of
41 water capacity and up to 150, 000 gallons/day of sewer capacity
42 (as set forth in the assignment of capacity from the Owner)
43 for use in connection with the development of the Project.
44 Nothing contained in this Condition is intended in any way to
45 vitiate, affect or diminish the terms and provisions of the
46 Water and Sewer Agreements as they relate to water and sewer
47 service. The Developer or the Owner has paid all sewer and
48 water fees and charges for the Property due to the City as of
49 the date of approval by the City of this Development Order.
50
51 5 . Permit Expiration Periods. Expiration periods for permits
52 such as building permits, sewer permits, preliminary
30
1 subdivision plans, final subdivision plans, and other permits
2 or approvals shall be controlled as provided in applicable
3 ordinances and the particular permit .
4
5 6 . Impact Fees . Except as provided in the Water and Sewer
6 Agreements with respect to water and sewer capital charges,
7 nothing contained in this Development Order shall be construed
8 to relieve the Developer of its obligation to pay all impact
9 fees and all other fees and charges which may from time to
10 time be required to be paid pursuant to applicable provisions
11 of the Code of Ordinances of the City of Ocoee and any
12 resolutions adopted pursuant thereto. The Developer shall
13 comply with the City Road Impact Fee Ordinance, as it may from
14 time-to-time be amended.
15
16 7. Lake Lotta Vested Rights Certificate. All rights and
17 privileges of the Developer and the Owner pursuant to the Lake
18 Lotta PUD Vested Rights Certificate and the allocation to the
19 Property of 18,224 vested ADT' s for use in connection with the
20 Phase I development of the Project are merged into this
21 Development Order which supersedes and incorporates all of the
22 rights and privileges of the Developer and the Owner pursuant
23 to the Lake Lotta PUD Vested Rights Certificate. Neither the
24 Developer nor the Owner shall net 121 entitled to claim any
25 exemption from compliance with the terms and conditions of
26 this Development Order based upon the Lake Lotta PUD Vested :
27 Rights Certificate.
28
29 8 . Final Certificate of Concurrency. Notwithstanding any
30 provision to the contrary contained in the City of Ocoee Land
31 Development Code, this Development Order constitutes a Final
32 Certificate of Concurrency for Phase I of the Project and
33 reserves for Phase I of the Project capacity with respect to
34 traffic circulation, potable water, sanitary sewer, solid
35 waste and stormwater drainage. The aforementioned
36 reservations of capacity are subject to the following terms
37 and conditions: (i) compliance by the Developer with the terms
38 and conditions of this Development Order and any development
39 approvals subsequently issued by the City with respect to the
40 Project; (ii) development of the Property must be in
41 accordance with Phase I of the Project as described in and
42 approved by this Development Order; and (iii) the reservation
43 of capacity pursuant to this Development Order shall terminate
44 on the Phase I buildout date which is November 30, 2002. 2000;;
45 provided. however, that in the event the Phase I buildout date
46 is extend-d •urs -nt to th- •rovisions of Chaster 80 Florida
47 Statutes as it ma from time to time to be amended then in
48 such event the Final certificate of Concurrency and the
49 reservation of ca•acit •ursuantto thisDevelo•ment Order
50 shall automatically be extended to match the new Phase I
51 buildout date. The foregoing shall not be construed as
52 exempting the Developer from compliance with all applicable
31
1 provisions of the City' s Land Development Code. This
2 Development Order does not grant any rights or privileges
3 under the City' s Concurrency Management System with respect to
4 (i) any Phase I development of the Project commencing after
5 the November 30, 2002 2000 buildout date for Phase I or any
6 extensions thereof as set forth above, or (ii) Phase II of the
7 Project. The Developer will be required to apply for and
8 obtain a Final Certificate of Concurrency in accordance with
9 the then applicable provisions of the City' s Land Development
10 Code with respect to (i) any Phase I development of the
11 Project commencing after the November 30, 2002 2000 Phase I
12 buildout date or any extensions thereof as set forth above,
13 and (ii) Phase II of the Project. The Phase I development of
14 the Project and the finding of entitlement to this Development
15 Order constituting a Final Certificate of Concurrency for
16 Phase I of the Project is made subject to the following:
17
18 (a) Traffic Circulation. Based on the transportation
19 modeling results submitted by the Developer, the total number
20 of average daily trips (ADTs) for Phase I of both the DRI
21 Projects is 44, 318 ADTs. Phase I of the DRI Projects will add
22 38, 796 additional ADTs to the City' s Concurrency Management
23 System. This includes an allowance for internal capture (100
24 ADTs) , passer-by traffic (4, 329 ADTs) , and mass transit usage
25 (1, 093 ADTs) as presented by the Developer and the Owner and
26 accepted by the ECFRPC, FDOT, Orange County, and the City of
27 Ocoee through the Metropolitan Planning Organization. The
28 distribution of the 38, 796 ADTe to the various road segments
29 was based on the modeling results. There is adequate capacity
30 on the roads for Phase I of the DRI Projects. So long as
31 there are no increases to the amount of commercial square
32 footage or the number of dwelling units, Phase I of the DRI
33 Projects meets the level of service standards in the City's
34 Concurrency Management System for traffic circulation.
35
36 (b) Potable Water and Sanitary Sewer. The current
37 owner, Lake Lotta, Ltd. , who filed an application for a
38 Preliminary Certificate of Concurrency for the Project, lists
39 the Water and Sewer Agreements as the source of water and
40 sewer capacity for the Project. Lake Lotta, Ltd_ has adequate
41 water and sewer capacity under the Water and Sewer Agreements
42 for Phase I of the Project. Prior to Final Engineering
43 approval for Phase I of the Project, or any portion of Phase
44 I, the specific amount of required water and sewer capacity
45 will be determined and a formal assignment of water and sewer
46 capacity from Lake Lotta, Ltd. to the Developer will be
47 required. This is a condition of approval of the Final
48 Engineering plans. Nothing set forth in this paragraph is
49 intended to modify the provisions of Condition 4 of Part II (C)
50 of this Development Order _ and the provisions hereof are
51 supplemental thereto.
52
32
1 (c) Solid Waste. Solid waste services for commercial
2 customers and multi-family residential customers are handled
3 by a private contractor pursuant to an exclusive franchise
4 with the City of Ocoee. Prior to Final Engineering approval
5 for Phase I of the Project, the Developer must make
6 arrangements with the City' s commercial franchisee and include
7 a letter from the City' s commercial franchisee indicating its
8 ability to serve the Project. As part of the review for solid
9 waste, the Developer must also provide the City with details
10 on how the recycling requirements will be met and who will
11 service the Project for that purpose. These letters are a
12 condition of approval of the Final Engineering plans. The
13 Developer will comply with all applicable provisions of the
14 Ocoee City Code and Land Development Code with respect to
15 solid waste as they may from time to time be amended.
16
17 (d) Stormwater Drainage. Level of service standards for
18 stormwater drainage are analyzed on a case by case basis
19 during subdivision/site plan review. These standards are
20 consistent with the City of Ocoee Comprehensive Plan and the
21 Land Development Code with which all new development within
22 the City must comply. The necessary capacity for stormwater
23 drainage is determined by Final Engineering approval and St.
24 Johns River Water Management District permitting. The
25 Developer shall comply with all of the above per the
26 requirements of the City' s Land Development Code as it may
27 from time to time be amended.
28
29 (e) Recreation. The requirements of the City' s Land
30 Development Code with respect to concurrency requirements for
31 recreation are not applicable for commercial development and,
32 therefore, are not applicable to the Project.
33
34 9 . Conflicts Between Agreements: In the event of any conflict
35 between the provisions of the Water and Sewer Agreements not
36 related to water and sewer matters and the provisions of this
37 Development Order as such provisions relate to the Property,
38 the provisions of this Development Order shall control . This
39 condition does not affect the Water and Sewer Agreements as
40 they relate to any lands other than the Property.
41
42
43 PART III. PERIOD OF EFFECTIVENESS
44
45 A. Subject to the provisions hereinafter set forth, this
46 Development Order and any subsequent amendment shall be
47 effective on the date a fully executed copy of this
48 Development Order is transmitted by the City to the Developer,
49 the owner of the Property, the Florida Department of Community
50 Affairs and the East Central Florida Regional Planning
51 Council . The date of transmission is also "rendition" under
52 Rule 9J-28 . 025 (5) 2 . 025 (51, Florida Administrative Code.
33
1 Under Section 380 . 07, Florida Statutes, an appeal may be taken
2 within forty-five (45) days after rendition and shall stay the
3 effectiveness of this Development Order. Notwithstanding the
4 foregoing provision and pursuant to Section 163 .3189 (2)
5 Florida Statutes, and Rule 9J-11. 011 (11) , Florida
6 Administrative Code, this Development Order shall not become
7 effective or authorize development until City Ordinance No.
8 95-01 becomes effective, said ordinance being an amendment to
9 the City of Ocoee Comprehensive Plan necessary for the
10 development authorized by this Development Order to be
11 consistent with the City of Ocoee Comprehensive Plan.
12
13 B. The Project ' s phase buildout and final buildout dates, as
14 established during the review by the City, are as follows:
15 The phase buildouts will occur in 2002 on November 30. 2000
16 for Phase I and in 2005 on November 30, 2003 for Phase II and
17 Project buildout will be in the ycar 2005 on Novemb r 30
18 2003 . The right to develop subject to the terms, general
19 provisions, and conditions of this Development Order shall
20 terminate on November 30, 2-49438 2006 . The phase buildout dates
21 as set forth herein have been extended by 4 2 years 11 months
22 after the dates provided in the ADA. Extensions to the phase
23 dates may be made pursuant to Section 380. 06 (19) , Florida
24 Statutes . Any future extensions of the phase dates shall be
25 reviewed cumulatively with the extensions provided by this
26 Development Order condition to the original phase dates
27 projected in the ADA.
28
29 C. In the event the Developer fails to demonstrate reliance on
30 the Development Order by having substantially proceeded with
31 the development approved herein within five (5) years of the
32 effective date of this Development Order, then in such event
33 development approval and this Development Order shall
34 terminate. This five (5) year limitation shall not be used to
35 justify or to automatically extend the commencement or
36 buildout dates of the Project or any phase of the Project.
37 Any such proposed extension shall be considered pursuant to
38 the applicable development order amendment criteria of Chapter
39 380 . 06, Florida Statutes. The above time limitations may be
40 extended on the City' s finding of excusable delay, and no
41 adverse impacts resulting from the delay, in any proposed
42 development activity consistent with the substantial deviation
43 provisions of Subsection 380.06 (19) , Florida Statutes. For
44 the purpose of this condition, "substantially proceeded" shall
45 mean that the Developer shall have constructed or caused to be
46 constructed improvements that can be expected to generate at
47 least 30, 000 total ADT (using the same calculations as the
48 ADA) representing approximately seventy percent (70%) of the
49 first phase of the Project and shall have obtained a
50 Certificate (s) of Occupancy from the City with respect
51 thereto.
52
34
1 D. Notwithstanding the phasing schedule or any provision
2 contained in this Development Order to the contrary, in the
3 event the Developer within three (3) years of the effective
4 date of this Development Order fails to obtain building
5 permits for and commence construction of improvements that can
6 be expected to generate at least 30, 000 total ADT (using the
7 same calculations as the ADA) representing approximately
8 seventy percent (70%) of the first phase of the Project, then
9 in such event development approval and this Development Order
10 shall terminate. Once the Developer obtains a building permit
11 for the construction of such improvements, the Developer shall
12 proceed with due diligence to obtain a Certificate (s) of
13 Occupancy for said portion of Phase I within five (5) years
14 from the effective date of this Development Order. This
15 provision is supplemental to the provisions of Part III (C)
16 above.
17
18 E. Even though this Development Order may terminate, the
19 Developer and the Property shall remain bound by the terms,
20 general provisions and conditions of this Development Order as
21 they may apply to development that had been initiated up to
22 the time of termination.
23
24
25 PART IV. MONITORING PROCEDURES
26
27 A. The City shall have the primary responsibility for monitoring
28 the development and enforcing the provisions of this
29 Development Order. The City shall not issue any permits or
30 approvals or provide any extension of services if the
31 Developer fails to act in substantial compliance with this
32 Development Order.
33
34 B. Compliance with the terms and conditions of this Development
35 Order shall be monitored through the provisions of the
36 established review and approval process for developments
37 pursuant to City of Ocoee monitoring procedures. The
38 established review and approval process for review of
39 development pursuant to provisions established by the City of
40 Ocoee Land Development Code constitutes the monitoring
41 procedure for assuring compliance with this Development Order.
42 The City Manager, or his authorized designee, shall be the
43 official responsible for monitoring compliance by the
44 Developer with this Development Order.
45
46
47 PART V. RESTRICTIONS ON DOWN ZONING
48
49 A. This Development of Regional Impact will not be subject to
50 down zoning, unit density reduction or intensity reduction for
51 a period of fifteen (15) years from the effective date of this
52 Development Order unless: (1) it is demonstrated that (a)
35
1 substantial changes in the conditions underlying the approval
2 of this Development Order have occurred, or (b) that this
3 Development Order was based on substantially inaccurate
4 information provided by the Developer, or (c) that the change
5 is clearly established by the City to be essential to the
6 public health, safety or welfare; or (2) this Development
7 Order is terminated pursuant to Part III (C) or Dirt IIID)
8 hereof .
9
10
11 PART VI. MODIFICATIONS TO THE DEVELOPMENT ORDER
12
13 A. The Developer shall submit, simultaneously, to the City of
14 Ocoee, the East Central Florida Regional Planning Council and
15 the Florida Department of Community Affairs (DCA) any requests
16 for approval of a proposed change to this Development Order.
17 Such submissions shall be reviewed pursuant to the guidelines
18 of Section 380 . 06 (19) , Florida Statutes, shall be presented in
19 a format established by the DCA and shall include as a minimum
20 the precise language which is proposed for deletion or
21 addition to the Development Order and a statement summarizing
22 all previous changes that have been made to the Development
23 Order. It is understood that, as set forth in the DRI
24 Processing Agreement, modifications to either the Lake Lotta
25 Mall DRI and/or the Lake Lotta Center DRI with respect to the
26 areas of housing, transportation, air quality, wildlife and
27 vegetation and wetlands shall be reviewed based on both DRI
28 Projects combined together to determine whether the proposed
29 modification will exceed any of the criteria set forth in
30 Section 380 .06 (19) , Florida Statutes. All modifications,
31 other than those specifically set forth in the DRI Processing
32 Agreement, shall be dealt with independently.
33
34
35 PART VII. ANNUAL REPORT REQUIREMENTS
36
37 A. The Developer will submit an annual report on or before the
38 anniversary date of the execution of this Development Order
39 for each calendar year of the life of this Development Order.
40 In the event that the Property is sold to one or more other
41 parties for development purposes, then the Developer may
42 assign the responsibility for seeing that the annual report is
43 timely submitted and addresses the cumulative development on
44 the entire Property. Each annual report will be submitted to
45 the City of Ocoee, the East Central Florida Regional Planning
46 Council, the Florida Department of Community Affairs, the
47 Florida Department of Transportation, the Florida Department
48 of Environmental Protection, the St. Johns River Water
49 Management District, and all other affected permit agencies.
50 The report shall include any information specifically required
51 to be included by the conditions of the Development Order, as
52 well as the information enumerated below, and shall be
36
1 presented in a format that complies with Section 380 . 06 (18) ,
2 Florida Statutes, and Rule 9J-2 . 025 (7) , Fla. Admin. Code. The
3 report to the City of Ocoee shall also include a statement
4 that all persons/agencies listed above have been sent copies
5 of the Annual Report.
6
7 B. The Annual Report shall address the following:
8
9 1 . Changes in the plan of development or in the
10 representations contained in the ADA, or in the phasing
11 for the reporting year and for the next year;
12
13 2 . A summary comparison of development activity proposed and
14 actually conducted for the year and a cumulative summary
15 of all development that has occurred under this
16 Development Order.
17
18 3 . Identification of undeveloped tracts of land other than
19 individual single family lots, that have been sold to a
20 separate entity or developer;
21
22 4 . Identification and intended use of lands purchased,
23 leased or optioned by the Developer adjacent to the
24 original DRI site since this Development Order was
25 issued;
26 •
27 5 . An assessment of the Developer' s and the City' s
28 compliance with each condition of approval contained in
29 this Development Order and the commitments which are
30 contained in the Application for Development Approval and
31 which have been identified by the City, the ECFRPC or
32 the DCA as being significant.
33
34 6 . Any known incremental development of regional impact
35 ( "DRI") applications for development approval or requests
36 fora substantial deviation determination that were filed
37 during the reporting year, or to be filed during- the next
38 year;
39
40 7 . An indication of a change, if any, in local government
41 jurisdiction for any portion of the development since the
42 Development Order was issued;
43
44 8 . A list of significant local, state and federal permits
45 which have been obtained or which are pending by agency,
46 type of permit, permit number and purpose of each;
47
48 9 . A statement that all persons/entities have been sent
49 copies of the Annual Report in conformance with
50 Subsections 380 .06 (15) .and (18) , Florida Statutes .
51
37
1 10 . A copy of any notice of the adoption of a Development
2 Order or the subsequent modification of an adopted
3 Development Order that was recorded by the Developer
4 pursuant to Subsection 380 . 06 (15) (f) , Florida Statutes.
5
6 11. A map of overall Project development at the same scale as
7 the master plan submitted in the original ADA.
8 Graphically depicted on the map shall be a) the
9 boundaries of all development approved during the
10 reporting period, b) past years and c) development
11 expected to be approved in the coming year. Within each
12 boundary shall be the local approval number and the
13 amount of development approved; i.e. square footage,
14 dwelling units, etc.
15
16 12 . The Development Summary Table (Exhibit X) shall be
17 completed each year to summarize development activity and
18 to project anticipated activity for the coming year.
19
20 13 . The Annual Report which addresses the last year for which
21 development has been authorized shall include a statement
22 indicating that all development authorized by the
23 Development Order has been completed or that no further
24 development is desired and that all conditions of
25 approval applicable to the completed Project have been
26 satisfied.
27
28 C. If the City does not receive the Annual Report or receives
29 notification that the ECFRPC, the DCA or any affected permit
30 agency has not received the report, then the City shall
31 request in writing that the Developer submit the report within
32 thirty (30) days. The failure to submit the report after
33 thirty (30) days may result in the temporary suspension of
34 this Development Order by the City.
35
36
37 PART VIII. RECORDING
38
39 A. Within ten (10) days of the issuance of this Development
40 Order, the Developer shall cause a Notice of the Adoption of
41 the Development Order and any subsequent modification of the
42 Development Order to be recorded, at the Developer' s expense,
43 with the Clerk of the Circuit Court of Orange County, Florida
44 in which the development is located. This notice shall meet
45 the requirements of Section 380 . 06 (15) (f) , Florida Statutes.
46 The recording of this notice shall not constitute a lien,
47 cloud, or encumbrance on the Property, or actual or
48 constructive notice of any such lien, cloud or encumbrance.
49
50
51 PART IX. MISCELLANEOUS CONDITIONS
52
38
1 A. It is specifically understood that the City is not
2 guaranteeing the appropriateness, efficiency, quality or
3 legality of the use or development of the Property, including,
4 but not limited to, flooding potential, drainage or sewer
5 plans, fire safety, or quality of construction, whether or not
6 inspected, approved, or permitted by the City of Ocoee.
7
8 B. The Developer, by executing this Development Order,
9 acknowledges that this Development Order is binding upon the
10 Property and the Developer, and that this Development Order
11 and all of the conditions of approval contained herein apply
12 to and control all further development of the Property, and
13 further that the conditions of approval run with the land and
14 are therefore applicable to and shall be complied with by any
15 subsequent purchaser, owner, or assignee of any portion of the
16 Property.
17
18 C. No change shall be made to this Development Order or to the
19 approved land uses, unless and until the City has approved and
20 authorized the change. The Developer shall fully comply with
21 Section 380 . 06 (19) , Florida Statutes, regarding "substantial
22 deviations" .
23
24 D. Development based upon this Development Order shall comply
25 with all other applicable federal, state, county and municipal
26 laws, ordinances, rules and regulations (including but not
27 limited to the City' s Land Development Code, as amended from
28 time to time) except to the extent the applicable laws,
29 ordinances, rules and regulations are expressly waived or
30 modified by this Development Order or by action of the City
31 Commission of the City of Ocoee.
32
33 E. The Developer is hereby notified that the City and the
34 Developer are subject to the terms, provisions and
35 restrictions of Chapter 163 , Florida Statutes. The City has
36 no lawful authority to exempt any private entity, or itself,
37 from the application of such state legislation (or any other
38 federal or state legislation or regulation which is beyond the
39 direct control of the City, and which is legally binding on
40 the City) , and nothing herein shall be construed as such an
41 exemption.
42
43 F. All captions in this Development Order are for convenience and
44 reference only, and the words contained therein shall in no
45 way be held to explain, modify, amplify, or aid in the
46 interpretation, construction or meaning of the provisions of
47 this Development Order.
48
49 G. The Owner is executing this Development Order for the purpose
50 of acknowledging and agreeing: (i) that the Developer has been
51 duly authorized by the Owner to enter into this Development
52 Order; (ii) that this Development Order is binding upon the
39
1 Property and that this Development Order and all of the
2 conditions of approval contained herein apply to and control
3 all further development of the Property; (iii) that this
4 Development Order and the conditions of approval run with the
5 land and are therefore applicable to the Owner prior to the
6 conveyance of the Property to the Developer; and (iv) that
7 this Development Order and all of the conditions of approval
8 contained herein shall be complied with by any subsequent
9 purchaser, owner, or assignee of any portion of the Property.
10
11
12 PART X. SIGNATORIES
13
14
15 ISSUED THIS DAY OF JANUARY, 1995 .
16
17
18 CITY
19
20 CITY OF OCOEE, FLORIDA
21
22
23 By:
24 S. Scott Vandergrift, Mayor
25 Exccutcd on: , 1995
26
27 Attest:
28
29
30
31
32 Jean Grafton, City Clerk
33
34 (SEAL)
35
40
1
2 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
3 THE CITY OF OCOEE, FLORIDA COMMISSION AT A SPECIAL MEETING HELD
4 APPROVED AS TO FORM AND ON JANUARY , 1995
5 LEGALITY this day of UNDER AGENDA ITEM NO.
6 January, 1995
7
8 Foley & Lardner
9
10
11 By:
12 Paul E. Rosenthal, ,
13 City Attorney
14
15
16
17 STATE OF FLORIDA
18 COUNTY OF ORANGE
19
20 I HEREBY CERTIFY that on this day, before me, an officer duly
21 authorized in the State and _County aforesaid to take
22 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN
23 GRAFTON, personally known to me to be the Mayor and City Clerk,
24 respectively, of the CITY OF OCOEE, FLORIDA and that they severally
25 acknowledged executing : the same freely and voluntarily under
26 authority duly vested in them by said municipality.
27
28 WITNESS my hand and official seal in the County and State last
29 aforesaid this day of January, 1995 .
30
31
32
33
34
35 Signature of Notary
36
37
38 Name of Notary (Typed,Printed or Stamped)
39
40 Commission Number(if not legible on seal):
41 My Commission Expires(if not legible on seal):
42
41
1 DEVELOPER
2
3 HOMART DEVELOPMENT CO. ,
4 a Delaware corporation
5
6
7 BY:
8 NAME: John F. Oliaro
9 TITLE: First Vice President
10
11 (CORPORATE SEAL)
12
13 Executed on: January
14 , 1995
15
16
17 STATE OF FLORIDA
18
19 COUNTY OF ORANGE
20
21 I HEREBY CERTIFY that on this day before me, an officer
22 duly authorized in the State and County aforesaid to take
23 acknowledgements, personally appeared
24 izo JOHN F. OLIARO as First Vice President of
25 HOMART DEVELOPMENT CO. , a Delaware corporation, and who ( ] is
26 personally known to me or (- ] produced
27 as identification, and that he acknowledged executing the same on
28 behalf of said corporation, freely and voluntarily, for the uses
29 and purposes therein expressed.
30
31 WITNESS my hand and official seal in the County and State
32 last aforesaid this day of ‘January,
33 1995 .
34
35
36
37
38
39 Signature of Notary
40
41
42 Name of Notary (Typed.Printed or Stamped)
43
44 Commission Number(if not legible on seal):
45 My Commission Expires(if not legible on seal):
46
47
42
1 OWNER
2
3 LAKE LOTTA, LTD. ,
4 a Florida limited partnership
5
6 By: LOTTA GP INC. ,
7 a Florida corporation, its
8 managing general partner
9
10
11
12 BY:
13 Barry S. Goodman
14 President
15
16 (CORPORATE SEAL)
17
18 Executed on: January_
19 , 1995
20
21
22 STATE OF FLORIDA
23
24 COUNTY OF ORANGE,
25
26 I HEREBY CERTIFY that on this day, before me, an officer duly
27 authorized in the State and County aforesaid to take
28 acknowledgements, personally appeared BARRY S. GOODMAN as President
29 of LOTTA GP INC. , a Florida corporation, which is the managing
30 general partner of LAKE LOTTA, LTD. , a Florida limited partnership,
31 and who [ ] is personally known to me, or [ ] produced
32 as identification, and that he acknowledged
33 executing the same on behalf of said corporation and partnership,
34 freely and voluntarily, for the uses and purposes therein
35 expressed.
36
37 WITNESS my hand and official seal in the County and State last
38 aforesaid this day of January, 1995 .
39
40
41
42 Signature of Notary
43
44
45
46 Name of Notary (Typed,printed or Stamped)
47
48 Commission Number(if not legible on seal):
49 My Commission Expires(if not legible on seal):
50
51
C:\WPS I\DOCSIOCOEU.OTPA\MALLDEV.FN3I I(26/931 DISC I PER:dp
43
This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between -
origitial document : C:\WP51\DOCS\OCOE\LOTTA\MALLDEV.FN2
and revised document: C:\WP51\DOCS\OCOE\LOTTA\MALLDEV.FN3
Deletions appear as struck-through text
Additions appear as double underlined text
•
•
•
45
EXHIBIT "A"
BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST; THENCE S 89°42'47" W, A DISTANCE OF 1336.77 FEET
TO A POINT BEING THE N.E. CORNER OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; THENCE
S 0°14'27" W, ALONG THE EAST LINE OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21, A DISTANCE OF 1325.27 FEET; THENCE N
89°32'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO GROVES
ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS, ORANGE COUNTY,
FLORIDA, A DISTANCE OF 90.63 FEET; THENCE S 0°14'27" W, A DISTANCE OF
944.21 FEET; THENCE S 89°26'02" W ALONG THE SOUTH LINE OF LOT 3, BLOCK
A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19°55'46" W ALONG THE
WEST LINE OF LOTS 4 THROUGH 7, BLOCK A, SAID PLAT, A DISTANCE OF 343.13
FEET TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY OF STATE ROAD
50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG THE NORTH RIGHT OF
WAY OF STATE ROAD 50 AT A BEARING OF S 89°48'09" W, A DISTANCE OF
1106.89 FEET; THENCE N 0°02'25" E ALONG THE WEST LINE OF TRACT 6, SAID
PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 611.73 FEET,
LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 89°48'24"
W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS
EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0°03'23" W
ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.15 FEET;
THENCE S 89°46'31" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 21 A DISTANCE OF 303.32 FEET
INTERSECTING THE EAST RIGHT OF WAY OF CLARKE ROAD HAVING A 100
FOOT RIGHT OF WAY TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A CENTRAL ANGLE
OF 19°33'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD
WHICH BEARS N 13°20'24" E, A DISTANCE OF 404.62 FEET TO THE END OF THE
CURVE; THENCE ALONG SAID RIGHT OF WAY S 66°52'48" E, A DISTANCE OF
20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0°55'24";
THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY A
CHORD WHICH BEARS N 23°34'54" E, A DISTANCE OF 18.87 FEET TO THE END OF
CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N
65°57'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A
(Page 1 of 2)
CENTRAL ANGLE OF 17°29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 363.50 FEET
SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32°47'13" E, A DISTANCE
OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE
EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41°31'50" E, A DISTANCE OF
501.23 FEET; THENCE S 48°28'10" E, A DISTANCE OF 20.00 FEET ALONG SAID
RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N
41°31'50" E, A DISTANCE OF 20.00 FEET; THENCE N 48°28'10" W ALONG SAID
RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE ALONG RIGHT OF WAY OF
CLARKE ROAD N 41°31'50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNING OF
A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1291.00 FEET
AND A CENTRAL ANGLE OF 41°20'59"; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20°51'21" E, A
DISTANCE OF 911.61 FEET TO THE END OF THE CURVE; THENCE ALONG THE
EAST RIGHT OF WAY OF CLARKE ROAD N 0°10'51" E, A DISTANCE OF 208.91
FEET; THENCE S 89°49'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST
RIGHT OF WAY OF CLARKE ROAD; THENCE S 0°04'18" E ALONG THE EAST LINE
OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89°42'47" E,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF
BEGINNING.
CONTAINS 130.004 ACRES, MORE OR LESS.
•
(Page 2 of 2)
EXHIBIT "C"
• T
' A ) 9111111111 ! 1 ,111111 . • •
iilir4g, g 0 Ali
C S C5 i i A@@
F l i m 11711 5 g w to 1 $
m 1 il§
1
iiiilii INN1
3 r g
PRp
I
Ca
. 0 . . . . • iv -a 7 '0 ' g 4
11
. CA a 17 17 V 9 hi
. 05 19 7 7 10
r•
. . . . . . . 05 7 'V 7 7 • ;1
. V 7 V '0 7 '0 •
4
. 05 05 7
. , . . CO . . . . . . . . . 3
H y II 1 , (0 2
�7 i
05 9 .5 0, (0 m • W • . . . . . . (�
r
17 1 17 . y . . . . . . r
N
S
1
1
•
§ E iic' sr" ' if gSi ; iso :0
E
1fA 1 111A12111
n * M -4 i S ill
-,2 4 [A; X g In' g Fii i I ! al g g
5• 35 M4Artg 14 A F,X F ; 1 i i A -4
qE 5 i 2 § B ; I 1 05 i g 1 A
ti A .4 A A
fa 1 ci
1 m 11 , lis
- , ,.. . . lm
Al t
IA
. I r ' ill
00000 . . , 30
N
i
+LI1
1
. . , .
d
3
7 +
1
• -0 N -0 -0 7 -0 -0 -0 -a 'V to "0 To "0 1, 2
2
T
w • 9 -5 -, -, , 9 -0 -0 1 r
y , , -, T
iiil A 11 f illillif 11 iH I 1 !gt ::( J t,
-.Jgiii iiiiii iiill 2P •'11 11
0 1 i / i i i c„ a 0
0 Ii 0, g p II§
O
1WI
20
i 111
111/
11 t
it
a jtj
st X• g•
i•
a!!
. . • • ;1
i i .
•
1
1 • "0 13 9 '9 '0 "0 11 11 .0 '9 CD 7 13 7 T 2
I
I
T
zzi — i
02
s g1 il 1E
> AF O
sig o � o
i i
91
i g 1 .cp i gA it
t
• ii 0 -• I, ' . -• . I I I
-• 7 (o 7 II I I I 1
1
• V 0 7 V • I I I • AD j0
ko
2!s
0 • •V to -0 •V • 0 I I I r
LI la
;1
CO V CA 7 "0 to 0 0 I I I
A
I I I • •
co • '5 CO • 9 (A • • I I I ' ' 3
m • -0 co • '5 (o co (A I I I •I •
P
w .5 .5 (o .5 -a (o w (A I I I • . 2
N "0 'V N '0 '0 CO 0 CO V V '0 V N 2
T
N -, , (17 -5 .5 y 7 V 9 '0 'V -0 11 W
N 5 SI 0 '0 'V "0 '0 "0 "0 I I I 13 0
1
•
4
1 P
1
1!§
2 8! 1
1,o
: 91
fit3
V> 1
a !
a ;t 1
a
a
a
a 3
a P
a 2
a 2
r
L_ rr
N
I i -
‘. EXHIBIT X
DEVELOPMENT SUMMARY
DEVELOPMENT SUMMARY--- TRAFFIC WATER AND SEWER
Approved C.0's Approved Coming From Coming Allocated Estimated Usage
Coming Year
Land Use in 0.0.' Year2 Cumulative' Year` ADA° Year° Cumulative' Year° Water° Sewer10 Water" Sewer ' 2
Water" Sewer"
TOTALS NA NA NA NA NA NA NA NA NA NA NA NA
NA NA
I Approved land uses in terms of square footage, dwelling units rooms or other appropriate
measure.
2 Certificates of occupancy issued during the reporting year in terms of square footage,
etc.
3 Certificates of occupancy issued since original development order approval, including that
of column 2 in terms of square footage, etc.
Development program anticipated for the next annual reporting period in terms of square
footage, etc.
s Total average daily trips from the approved Application for Development Approval for
this land use.
6 Average daily trips estimated from reporting period's development using the ITE 4th
Edition Trip Generation rates.
Total average daily trips from development since original development order approval,
including that of column 6.
Average daily trips expected from the coming year's development.
9.10 Water and sewer service for which firm allocations have been made in gallons per
day.
11.12 Total current project water and sewer demand.
13.14 Additional water and sewer demand expected from the coming year's
development program.
Also attach a current master plan which depicts the boundaries of all
recorded plats and/or site plans for the reporting period, past years and
areas expected to be submitted in the coming year. Within each boundary
shall be the local approval number and amount of development approved
in terms of square footage, dwelling units, etc..
A master plan should also be included which indicates wetlands and flood
prone areas filled or disrupted and their mitigation and compensatory
storage areas. Such activity should be shown for the reporting period,
past years and expected for the coming year.
C M
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO. FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA, FLORIDA MAILING ADDRESS MILWAUKEE, WISCONSIN
JACKSONVILLE. FLORIDAPOST OFFICE BOX 2193 MADISON,
WISCONSIN
TALLAHASSEE. FLORIDA
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 /
DATE: January 26, 1995 rr i
RE: Corrections and Revisions to Staff Reports Relating to
the Lake Lotta Mall and Lake Lotta Center Projects
Due to the complexity of the Lake Lotta Mall and Lake Lotta
Center projects, Staff has continued to work with Homart
Development Co. and Lake Lotta, Ltd. to clarify various aspects of
all of the project documentation in order to assure that the
Development Orders, Development Agreements, Plans and Conditions of
Approval are correct and internally consistent. Additionally,
informal comments have recently been received from both the
Department of Community Affairs and Orange County requesting
revisions to the proposed DRI Development Orders. As a result of
these final reviews and comments, a number of items require
revisions. All of the proposed revisions have been approved by the
City Staff, Homart Development Co. and Lake Lotta, Ltd.
Accordingly, it is recommended that the changes set forth below be
incorporated into the actions proposed to be taken by the City
Commission at the Special City Commission meeting of January 26,
1995:
(1) Agenda Item III.C. : Case No. DRI - 1-9-93: Development
of Regional Impact for Lake Lotta Mall. Attached hereto is a
blacklined copy of the proposed Development Order for the Lake
Lotta Mall DRI bearing a print date of 1/26/95 ("the Revised Mall
DO") . The blacklining shows revisions from the proposed
Development Order included in your agenda packet. The specific
revision will be discussed by the City Attorney at the Special City
Commission meeting. It is recommended that the Staff
recommendation in connection with the proposed Lake Lotta Mall DRI
Development Order be revised to reference "the Development Order
for Lake Lotta Mall Development of Regional Impact bearing print
date of 1/26/95".
(2) Agenda Item III.D. : Ordinance No. 95-02 relating to the
Lake Lotta Mall PUD: 'Conditions of Approval 10 and 11 of the Land
Use Plan for the proposed Lake Lotta Mall PUD (attached as Exhibit
"B" to Ordinance No. 95-02) should be revised so as to be
consistent with the revisions to Part I (A) (12) (a) of the Revised
Mall DO. These revisions restrict the permitted Retail Uses and
establish limitations with respect to the proposed movie theater.
These revisions also change the Phase I buildout date to
November 30, 2000 and the Phase II buildout date to November 30,
2003. Additionally, the proposed Land Use Plan for the Lake Lotta
Mall PUD should be revised so as to conform with the phasing and
buildout schedule set forth in the Revised Mall DO. To the extent
any other portions of the Land Use Plan are inconsistent with
blacklined changes to the Revised Mall DO, it is recommended that
such provisions be revised so as to be consistent with the Revised
Mall DO and that the City Attorney be authorized to make such
revisions prior to execution by the Mayor and City Clerk. It is
recommended that the approval of Ordinance No. 95-02 incorporate
these revisions.
(3) Agenda Item III.E. : Development Agreement for Lake Lotta `,\
Mall PUD. It is recommended that Section 2 (A) of the proposed
Development Agreement be revised to reference "Ordinance No. 95-02"
instead of "Ordinance No. 94-02". It is also recommended that
Conditions 10 and 11 of the Conditions of Approval as set forth in
Exhibit "B" to the proposed Development Agreement be revised so as
to be consistent with the revisions set forth in Part I (A) (12) (a)
of the Revised Mall DO. It is further recommended that the
Conditions of Approval be revised so as to be consistent with the
Conditions of Approval as set forth in the Lake Lotta Mall PUD Land //
Use Plan. It is recommended that the approval of the proposed,/
Development Agreement incorporate these changes.
(4) Agenda Item III.G. : Case No. DRI-2-9-93: Development of
Regional Impact for Lake Lotta Center. Attached hereto is a
blacklined copy of the proposed Development Order for the Lake
Lotta Center DRI bearing a print date of 1/26/9 ("the Revised
Center DO") . The blacklining shows revisions fro the proposed
Development Order included in your agenda packet. The specific
revision will be discussed by the City Attorney at the Special City
Commission meeting. Additionally, Part III (C) of the Revised
Center DO should be revised to change "seven (7) years" to "five
(5) years". It is recommended that the Staff recommendation in
connection with the proposed Lake Lotta Center DRI Development
Order be revised to reference "the Development Order for Lake Lotta
Center Development of Regional Impact bearing print date of 1/26/95
and as revised in the memorandum from the City Attorney dated
January 26, 1995. "
-2-
(5) Agenda Item III.H. Ordinance No. 95-03 relating to the
Lake Lotta Center POD. It is recommended that Section Five of
proposed Ordinance No. 95-03 be revised to change "Cover Sheet for
Lake Lotta PUD Land Use Plan" to "Cover Sheet for Lake Lotta Center
PUD Land Use Plan" . It is also recommended that Condition No. 48
as set forth in the Conditions of Approval of the proposed Land Use
Plan for the Lake Lotta Center PUD be revised so as to be
consistent with the provisions of Part I (A) (12) (a) of the Revised
Center DO. These revisions restrict the permitted Retail Uses.
These revisions also change the Phase I buildout date to November
30, 2000 and the Phase II buildout date to November 30, 2003.
Additionally, all references in the proposed Land Use Plan to the
phasing and buildout schedule should be revised so as to be
consistent with the provisions of Part I(A) (12) (a) of the Revised
Center DO. To the extent any other portions of the Land Use Plan
are inconsistent with blacklined changes to the Revised Center DO,
it is recommended that such provisions be revised so as to be
consistent with the Revised Center DO and that the City Attorney be
authorized to make such revisions prior to execution by the Mayor
and City Clerk. It is recommended that the approval of Ordinance
No. 95-03 incorporate these revisions.
(6) Agenda Item III.I. : Development Agreement for Lake Lotta
Center PUD. It is recommended that Section 2 (A) of the proposed
Development Agreement be revised as follows: (i) change "Ordinance
No. 94-03" to '•Ordinance No. 95-03", and (ii) change "Cover Sheet
for Lake Lotta PUD Land Use Plan" to "Cover Sheet for Lake Lotta
Center PUD Land Use Plan" . Additionally, Condition 48 of the
Conditions of Fpproval as set forth in Exhibit "B" to the proposed
Development Agreement should be revised so as to be consistent with
the provisions of Part I (A) (12) (a) of the Revised Center DO. It is
further recommended that the Conditions of Approval be revised so
as to be consistent with the Conditions of Approval as set forth in
the Lake Lotta Center PUD Land Use Plan. It is recommended that
these changes be incorporated into the action taken by the City
Commission.
C:\WP1\DOCS\OCOELO1TA\CORR\PERDDHOI.25111/26/951DEBBIEHIPER:dh
-3-