HomeMy WebLinkAboutVI (A) Lake Olympia Square - Fast Food AGENDA 3-21-95
Item VI A
FOLEY & LARDNER
4
III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO. FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 1407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney f/
DATE: March 16, 1995
RE: Lake Olympia Square Out-Lots: "Fast Food" Restaurants
On May 17, 1994 the City Commission held a public hearing
regarding the proposed Lake Olympia Square - Land Use/Preliminary
Subdivision Plans ( "the Plan") . The Plan was approved by the City
Commission subject to Condition No. 22 which imposed the following
restrictions on the proposed out-lots:
"Lots 3, 5 and 6 are to be developed as
commercial out-parcels. Each lot shall
contain a maximum 5, 000 SF building area and
meet City Code requirements for parking,
setbacks, landscaping, etc. within their own
boundaries. Proposed uses may include "full
service, sit down" restaurants, banks and
other permitted uses under the C-2 zoning.
"Fast food" restaurants are hereby
specifically prohibited. "
Lake Olympia Square Partnership ( "the Developer" ) voluntarily
agreed that the Plan would include a prohibition against fast food
restaurants.
A question has arisen regarding the definition fast food
restaurants and intent of the City Commission in prohibiting them.
Part of the confusion is caused by the lack of a definition of
"fast food restaurant" in either the Plan or the Land Development
Code ( "LDC") . The LDC utilizes the following definitions: (i)
Commercial, General, which includes restaurants without drive-
through facilities; (ii) eating and drinking establishments; (iii)
drive-through restaurant; and (iv) two different definitions of
"restaurant" . Restaurants and Drive-In Restaurants (boundaries of
tract of land are no less than 200 feet from any residence) are
permitted uses in a C-2 zoning district. Accordingly, in the
absence of the Developer' s voluntary agreement to prohibit fast
food restaurants within the out-lots, such a use would be permitted
within a C-2 zoning district.
In October 1994, a representative of the Developer
inquired of the Planning Director whether a restaurant such as
McDonald' s would be prohibited as a fast food restaurant. This
inquiry resulted in a letter dated November 7, 1994 from the
Planning Director which was based solely upon the definitions
contained in the LDC. The Planning Director presented the
Developer with the Staff ' s opinion regarding the differences
between the permitted "full service, sit down" restaurants and the
prohibited "fast food" restaurants by attempting to utilize the
definitions contained in the LDC. On February 7, 1995 the City
received a pre-application for a McDonald' s restaurant with a
drive-through to be located on a lot subject to the restriction
against fast food restaurants . As a result of McDonald' s interest
in a site subject to the restrictions, questions were raised
regarding the Planning Director' s earlier letter. The City staff
then proceeded to listen to the tape of the City Commission and
review other materials related to the restriction. After
undertaking this review, the City staff concluded that it had
misinterpreted the desires of the City Commission. As a result, on
February 13, 1995 the Planning Director advised the Developer that
no action should be taken in reliance upon his earlier letter and
that further review may require discussion of this matter with the
City Commission. In response, the Developer' s representative
requested an interpretation of the definition of "fast food
restaurant" and the opportunity to appear before the City
Commission.
Since the LDC does not contain a definition of fast food
restaurant, it is our opinion that the request of the Developer
should be forwarded to the City Commission for further guidance in
interpreting the City Commission action. The response of the City
Commission should be based upon the actual action taken at the time
of approval of the Plan and not upon events which have arisen
subsequent thereto. To the extent that the record of the
proceeding does not provide clear direction, the City Commission
may look to both the LDC and other sources to determine a
reasonable definition of fast food restaurant.
Webster' s Ninth New Collegiate Dictionary (1986) provides
a starting place. "Fast food" is defined as "specializing in the
rapid preparation and service of food (as hamburgers or fried
chicken) " . No reference is made in the definition to indoor vs.
outdoor seating and whether a drive-through is included or
excluded. We then proceed to look for specific case law addressing
whether McDonald' s is a fast food restaurant. While the case law
did not provide a definition, it did provide some insight and
guidance. In Andy Sayyah & Associates v. Lopez, 415 So.2d 816
(Fla. DCA 1982) , the First District Court of Appeals addressed a
worker' s compensation claim and in discussing the job search of the
-2-
claimant noted that "the balance of his work search consisted of
seeking employment at fast food restaurants such as McDonald' s,
Burger King and Arby' s" . In an anti-trust action brought by a
"fast food restauranteur" against McDonald' s Corporation, the
Eleventh Circuit U.S. Court of Appeals noted that "McDonald' s
Corporation is one of the world' s leading fast food franchisors
with a chain of 5, 000 restaurants spanning the globe" . (See Kypta
v. McDonald' s Corp. , 671 F.2d 1282 (1982) ) . Four other cases were
found in which McDonald' s was referred to as a fast food
restaurant. We have not researched case law regarding the use of
the phrase "fast food restaurant" in connection with any other
restaurant. The City Commission may consider the dictionary
definition and these cases in determining the common meaning of the
phrase fast food restaurants. In our opinion, there is a
supportable legal and factual basis for the City Commission to
conclude that McDonald' s is a fast food restaurant and that the
Plan prohibits fast food restaurants such as McDonald' s on Lot 3 ,
5 and 6 . Further, it is not clear whether McDonald' s has denied
that it is a fast food restaurant.
The November 7, 1994 letter from the Planning Director
does not constrain the options available to the City Commission
because the Planning Director has no authority to modify an action
of the City Commission. Further, the City staff has concluded that
it misinterpreted the City Commission action. However, the City
Commission may take the actions of the Planning Director into
account and consider actions taken by the Developer in reliance
thereon.
REQUESTED ACTION:
In light of the circumstances set forth above, it is
requested that the City Commission provide guidance to the City
staff in interpreting the prohibition against fast food restaurants
in general and determining in particular whether a McDonald' s
restaurant and similar restaurants are "fast food restaurants"
prohibited by the Plan from being constructed on Lots 3, 5 and 6 of
Lake Olympia Square as set forth on the Plan.
Attachments:
(1) Excerpts from City Commission meeting of May 17, 1994 .
(2) Letter dated October 17, 1994 from Ronald Henson to Russ
Wagner.
(3) Letter dated November 7, 1994 from Russ Wagner to Donald
Henson (sic) .
(4) Letter dated February 13 , 1995 from Russ Wagner to Donald
Henson (sic) .
(5) Letter dated February 22, 1995 from Ronald Henson to Russ
Wagner.
(6) Land Development Code definitions of Commercial, General
(61) , Eating and Drinking Establishments (101) , and
Restaurant (225) .
C:\WP5RDOCSTER 1 3/1 6193 1 1 8 W015 I PER:dp
-3-
Ocoee City Commission Regular Meeting
.'Iay 17, 1994
THE PUBLIC HEARING FOR THE LAKE OLYMPIA SQUARE-LAND USE/PRELIMINARY
SUBDIVISION PLANS WAS CONSIDERED AT THIS POINT IN THE MEETING RATHER
THAN AFTER ORDINANCE NO. 94-15 AS LISTED ON THE AGENDA. Mayor Vandergrift
asked if anyone who was interested in Ordinance No. 94-15 objected to the change and there were no
objections.
LAKE OLYMPIA SQUARE-LAND USE/PRELIMINARY SUBDIVISION PLAN.
Planning Director Wagner summarized the staff report covering background of the plan. The Lake
Olympia Square was 20.78 acre Commercial Shopping Center development located at the southwest
corner of Silver Star Road and Clarke Road. The entire site has been zoned C-2 Community
Commercial District, although the developer is voluntarily processing the project as a PUD within an
Activity Center. The development has been platted and incorporated Lot 1, the main parcel, and outlots
3, 4 and 5 of Lake Olympia Square. Lot 2 has been retained as an undeveloped parcel for the purposes
of this application, and Lot 4 had previously been sold to Exxon Corporation for a gas station. As part
of the proposed project, the developer intended to create a new Lot 6, which would be an additional
outlot on Silver Star Road, and also split the original Lot 1 into two parcels to create a Lot 7.
The project as proposed would be developed in three phases. Phase I would entail a Winn Dixie store
and two adjoining retail uses for a total of 57,718 s.f. of space. Phase II and III would add 39,526 s.f.
and 46,250 s.f. of space respectively for a total of 151,894 s.f. including a future expansion to Winn
Dixie. Staff has concluded the first phase of the project will meet the concurrency requirement.
Staff has done a very detailed review of the project with a number of project iterations. The DRC had
focused on traffic, stormwater, and buffering issues as part of the review process. Three waivers had
been requested as part of the PUD review. One was for reduced maintenance berm widths around
portions of the stormwater retention ponds. The second was for a zero setback wavier between Lots
1 and 7 to permit the development of Phase III shops in a coordinated manner. The third was for
reduced parking space lengths down to 18' spaces where spaces adjoin landscape areas. Staff had no
problems with any of those waivers and they are part of the development plan.
As originally planned, the developer proposed to add two additional outlots to the development along
Silver Star Road. One of those lots has been deleted to provide additional stormwater capacity. The
other parcel, Lot 6, was proposed to share the right-in/right-out access point with Lot 4 as specified in
the original plat. This additional outparcel was not consistent with the original plat and added to
potential traffic volumes and conflicts near the intersection of Silver Star Road and Clarke Road. Also,
the Olympia Square project was already over twice the size of the neighboring Albertsons Shopping
Center. The addition of a high traffic generating outlot coupled with a potential strip commercial
character of development was inconsistent with the high quality urban pattern envisioned for this area
within the Comprehensive Plan. As part of the DRC recommendation the staff suggested approval of
this project as submitted with the deletion of that outlot. The Planning and Zoning Commission (P&Z)
held a public hearing on the project on May 10. There were a number of residents who expressed
4
Ocoee City Commission Regular Meeting
May 17, 1994
concern with adequate screening around the parameter of the shopping center, high intensity uses on
the outparcels within the development, and about cut-thru traffic through the residential subdivision
adjoining the project. The P&Z voted 6-1 to recommend approval of the project with Lot 6 remaining
in the project under the condition that the developer would not permit direct access to Lot 6 off Silver
Star Road. Additionally, the P&Z recommended the stipulation that no truck traffic would be permitted
on Olympus Drive.
Commissioner Gleason asked if the developer had agreed that the outparcels would not include fast
food facilities. He also asked if elimination of the access road on Olympus Drive at Hawthorne Cove
would affect the feasibility or the viability of the project. He asked if there were enough trips available
on Silver Star Road to permit the development to go forward without the access road as he saw potential
problems in using Lake Olympia as a thoroughfare. Director Wagner said enough trips were available
now, and that the developer had voluntarily restricted restaurant uses of the outlots to "sit down
restaurants" only to help minimize traffic. From the concurrency standpoint, the main bottleneck on
Silver Star was at the section from Clarke Road to Apopka Vineland Road. Traffic analysis by
Consulting Engineer Ken Hooper, PEC, had shown approximately a third of the trips would access
the shopping center from the west Olympus Drive and two-thirds would enter from the main entrance
at Silver Star Road. Following the P&Z meeting, it was determined that cut-through traffic already
existed and that it included speeders.
Commissioner Combs asked why put the road in at all during Phase I when studies on Silver Star Road
found the it could handle the traffic. Planning Director Wagner said there were two primary reasons.
First, the roadway was actually developed as an access for this development and the plat specified
access to that roadway. It had always been planned as a secondary means to the shopping center.
Second, it would provide access for the actual residents in that area going onto Silver Star Road or
Clarke Road. From a concurrency standpoint, it would alleviate traffic on those major roads. Adding
a third reason, he said the shopping center is two and one-half times larger than the Albertsons
Shopping Center, and adding another shopping center's traffic at that point would be a problem.
Although the intersection will probably handle the traffic for the first phase, Commission should concern
itself with future needs.
Commissioner Johnson said that the Albertsons Shopping Center has a right in/right out only and
proposed matching the two entrances. Director Wagner said the proposed Lake Olympia Shopping
Center was more than twice the size of Albertsons center and the access points would probably be
sufficient for a first phase. It is the later phases where these access points start to relieve the traffic that
would build up at this point.
Mayor Vandergrift said it was not part of the P&Z 's recommendation for the right in/right out. He
asked if there would be out access on the one feeding the service station and if it would feed only the
service station. Planning Director Wagner said the developer volunteered to limit access only to the
service station, and there would be no direct access to the outlot from Silver Star Road. Mayor
5
Ocoee City Commission Regular Meeting
May 17, 1994
Vandergrift said if the Commission chose to not act on P&Z recommendation, then it would take some
of the pressure off the other road to serve parcel 6. Director Wagner said it would be desirable to
keep as much traffic as possible away from the intersection.
Commissioner Gleason said he understood the director's point in wanting to relieve the problem at the
intersection and felt if the Commission erred, he would rather sit in traffic on Silver Star Road than to
know that the City has dramatically affected two neighborhoods. He was concerned with setting a
precedent by diverting traffic off the City's main road through residential areas. Director Wagner said
there will be some cut through problems which will need to be monitored regardless of the action taken
during the meeting. There may be other measures that can be taken to alleviate the condition that may
or may not be related to the shopping center.
Commissioner Foster asked why the P&Z objected to the entrance from Silver Star Road to Lot 6 as
it had been their recommendation that there be no access from Silver Star to those two lots.
Commissioner Combs asked if this was the gas station. Mr. Wagner said P&Z objected only to the
access to Lot 6. Lot 4 had been purchased by Exxon for the gas station and already had a platted
access. The P&Z recommended approval of the plan with Lot 6, but with the condition that no direct
access be permitted from Silver Star. Commissioner Gleason asked if Lot 6 was not there, could that
be an access into the shopping center and Director Wagner said the original plans included an access.
Commissioner Combs said he had wanted all the in and out traffic at the main entrance and was in
agreement with the P&Z on Lot 6 as it blocked out the gas station.
Mayor Vandergrift placed his copy of the plan on the entrance table for public perusal.
Mayor Vandergrift said someone had brought it to their attention in the P&Z meeting that there were
speeders already in the neighborhood. He had spoken with Acting Police Chief Wilson who will look
into the problem.
Ron Hinson, representing the Glenn Miller Group, announced that Mr. Miller and Don Huber, Huber
Design and Construction, were present. They had worked with the staff to bring something the City
can appreciate that will be a good part of the community. They were flexible in some areas and
understood the staff's concern regarding traffic. He requested keeping in place Lot 6 as it is a very
important issue as an economic liability of the project. There is a platted easement that splits this
boundary and they have agreed to limit the access to utilize the existing Lot 4. They will be able to
build the driveway on the split of the Lot line but will not use it if the Commission feels it is an
important part. Then it could be left in, restrict the access down to some point at the southerly portion
of the Lot rather than allowing the cut as shown on the plan. Mr. Hinson listed a number of agreed
upon stipulations. He said it was important to have access to Olympus Drive at some point in time and
suggested it being deleted until Phase III which will establish the primary means of egress and ingress
to the shopping center. The first two phases will occur over a five year period.
6
Ocoee City Commission Regular Meeting
.vlay 17, 1994
Mr. Hinson explained the phases of the screening wall. Comments had been received about a living
wall with vines and they were complying with the request. They have voluntarily agreed to low>r the
commercial sign from 25' to 20'. Phase I improvements will provide water, sewer, and
services to these lots which will deal with the parking, building, and landscaping that . .y.
retention. The Florida Department of Transportation (FDOT) has given conceptual approval for the
access on Silver Star Road in the original plan which included two cuts. He did not think there would
be a problem with going back to the FDOT saying they were not going to use that access if that is the
desire of the Commission. The group wanted to work with the Commission.
Mayor Vandergrift asked about the cuts and entrances off Silver Star and Clarke Roads. Mr. Hinson
said there would be two entrances off Clarke Road for Phase I, with one entrance off Silver Star Road
as presented. The P&Z Board agreed to stipulate against using the entrance. Mayor Vandergrift asked
how many lanes will be at the point of the second access on Silver Star Road. Director Wagner said
one and a turn lane.
City Manager Shapiro said Ken Hooper, Professional Engineering Consultants, was available to
answer questions concerning traffic. Commissioner Foster asked if the developer could access L .
with a right in/right out and Mr. Hinson confirmed the developer would like that.
Commissioner Johnson, seconded by Commissioner Gleason, moved to delete that road entrance and
:o to the right in/right out in the entrance off Silver Star Road. Mayor Vandergrift said he did not
think the Commission was prepared for a motion at this point as the public hearing had not bean
opened. The chair did not recognize the motion for procedural reasons.
The public hearing was opened.
Dan Coleman, 112 Hercules Court, expressed a renewed faith in government and said he was proud
of the Commissioners who will set the correct precedent in Ocoee. He preferred a tasteful architectural
flavor to include a weathered look, making up-scale shops. He did not want another strip center row.
Mr. Coleman asked that the developer build all of the wall at once. Other items requested were
special decorative lighting that would shield the residents from the subdivision, a bicycle path, and
landscaping with tall, thick trees. He said the residents did not want any unsightly signs, fast food
places or tire stores where motorists will hang out.
June Kleier, 1365 Hawthorne Cove Drive, said there was no need for another grocery store. The
residents would like a vine covered brick wall. She presented a petition, with approximately 156
signatures, listing the concerns of the citizens.
Lewis Dundas, 103 Olympus Drive, said many of his concerns had already been addressed. He did
not want traffic coming through the subdivision.
7
Ocoee City Commission Regular Meeting
May 17, 1994
Ed Toperzer, 163 Hercules Court, thanked the developer for taking the remarks of the citizens
seriously. He expressed concern with Lot 5 and did not want any two-story buildings in the center.
Nick Pagano, 201 Olympus Drive, and President of the Lake Olympia Homeowners Association, asked
why the brick wall must be built in three phases. He also wanted to know the store hours of the Winn
Dixie store, and requested a limit.
Steven R. Martyniuk, 153 Hercules Court, thanked the developer for getting rid of the entrance and
asked about the final approval of the center. City Attorney Rosenthal said the final engineering and
site approval would still have to be approved. Mr. Martyniuk asked why the wall cannot be built all
the way around in case the project isn't completed. He wanted lower signs.
Karen (?) said she had been informed by the Winter Park branch of the FDOT that no widening of
Silver Star Road is scheduled.
Pamela Burke, 109 Olympus Drive, said "Amen" to everything the neighbors and the City
Commissioners had to say about the buffer. She saw no need to build the wall in three phases.
Mary D. Barber, 1355 Olympia Park Circle, presented a petition and asked for clarification on the
motion. She did not want the road built at all.
Michael Leif, 1505 Acropolis Circle, said the City should have some responsibility to existing
merchants. He objected to the City allowing a gas station.
Louis Geys, 238 N. Westmonte Boulevard, Suite 280, Altamonte Springs, 32714, the property owner,
said he had gone through much planning to get to this point. He explained how they arrived at the plan
they had and thanked the Commission.
Sylvia Salazar, 1513 Acropolis Circle, asked for detailed landscaping and a buffer zone between the
grocery store and the community.
Mr. Martyniuk asked if PUD will be responsible for maintaining undeveloped areas. Commissioner
Gleason said a new ordinance covered this category.
Mr. Miller, Glenn Miller Group, was a developer of 13 shopping centers in the State, including Naples
and Marco Island. He agreed to extend the screening wall but in phases as he can afford it.
Commissioner Gleason asked what phase Lot 6 will go in and when advised it would be Phase I, he
gave a convincing argument to build the entire wall with the first phase.
The public hearing was closed.
8
Ocoee City Commission Regular Meeting
.Vlay 17, 1994
Mr. Hinson proposed to return to the original proposal and use the right in and right out at the
shopping center. Mayor Vandergrift recapped and said no fast food restaurants, no tire stores, lights
shielded and decorative, sodded and kept up, and wild flowers. He said there were no trees showing
on the plan and asked if the developer could make them a part of it. City Manager Shapiro said in
recapping it probably can be mandatory and cautioned the Mayor on the risks. City Attorney
Rosenthal said the landscaping ordinance, if stricter, cannot amend the ordinance against only one
project.
Ms. Salazar asked what will happen to the trees that are removed and suggested making them available
to the citizens. Commissioner Gleason said he had already spoken with Director Wagner about the
excess trees. Ms. Salazar also asked who will be responsible for removing existing wooden fences as
the brick wall is built. Commissioner Gleason said it was the responsbility of the homeowner.
Commissioner Johnson seconded b Commissioner Gleason moved to a••rove the Lake 01 m•is
S
S.uare-Land Use/Prelimina Subdivision Plans as recommended b the P&Z without the deletion of
Lot 6 with the followin additional re•uirements: that the in. ess and e. ess showin• on the Plan to
Lot 6 be extended to connect to the sho••in. center that the road access from the •ro Sect to 01 m•,u3
Drive be eliminated; and that the access from the project to Olympus Drive be prohibited; and that the
Phase II and Phase III brick walls as shown on the Preliminary Plan be constructed at the same time
as the Phase I brick wall; with appropriate revisions being,made by the develo ser to the record plans
;o as to be consistent with the City Commission action as •resented. On roll call Commissioner
Combs voted "aye," Commissioner Foster "aye," Commissioner Gleason "a e," Commissioner
Johnson "aye," and Mayor Vandergrift "aye." Motion carried 5-0.
RECESS 10:45 - 10:50 P.M.
ORDINANCE NO. 94-15, AMENDING FISCAL YEAR 93/94 BUDGET
Ordinance No. 94-15 was presented by title only for the second reading and public hearing. City
Manager Shapiro said this is a public hearing and staff was available to answer questions.
Administrative Services Director Beamer pointed out the pay grade and title change listing which had
been ommitted from the budget booklet. The reclassification of the current finance supervisor position
to budget analyst had not been included. Also, the expanded services for personnel services in solid
waste for summer help beginning a month earlier, and for additional workers hired for Thursday and
Friday collection of yard waste were not included.
The public hearing was open and no one wished to speak. The public hearing was closed.
Commissioner Gleason asked about page B-38, Account #4900, and if the decrease of$143,432 under
contingency reserve is being moved somewhere else. Director Beamer said staff had to account for
a loss last year in that fund having to do with the Bond. Commissioner Gleason asked about a couple
9
Design service Group -.--�--
362A Grant Street s '"' _ _ :'
Longwood, Florida 32750
(407) 331-3773i _
FAX(407) 260-0478 •
CITY -pct
October 17, 1994
Mr. Russ Wagner
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Re: Lake Olympia Square
DSG Project No. 93-027
Dear Mr. Wagner:
Our client, Miller Group Development Corporation, has had several
inquiries from restaurants expressing interest in the out-parcels
for the above-referenced project. As you may recall, during the
approval process, the developer agreed to exclude "fast food"
restaurant uses on those parcels. Specifically mentioned were
restaurants such as a Checker Drive-In or similar facilities
having no seating capacity.
Since this leaves a wide range of various other possibilities of
what may or may not be acceptable, we would appreciate some
clarification on the limitations. For instance, McDonald' s has
expressed an interest in one of the parcels which our client
would like to accommodate. While McDonald' s does have a drive-
thru facility, they also have considerable seating capacity and
offer a fuller menu service to their patrons. Would McDonald' s
be acceptable?
We would greatly appreciate your input on this matter. If
necessary, we will be happy to appear before the City Commission
as a di.+a.i..S3ic item t.^_ represcrt this q!vest_cn andTPc i'rP- their
input on it. Thank you for your assistance in this matter.
Should you have any questions, please do not hesitate to advise.
Yours truly,
Ronald Henson II, P.E.
Project Manager
RHII:dmb
cc: Miller Group Development Corporation
File
Site Planning • Consulting Engineering • Environmental Permitting
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•NAQMISSIONER
Ocoee S.scrn-r VANDERGRIFT
r; CITY OF OCOEE COMMISSIONERS
SON
150 N.IAKESHORE DRIVE PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERN COMBS
4' .t,. �v (407)656-2322 JIM GLEASON
�ylF4
G00O cmr MANAGER
�F
FLUS SHAPIRO
LFP-799
November 7 , 1994
Mr. Donald Henson II , P . E.
Design Service Group
362A Grant Street
Longwood, Florida 32750
SUBJECT : Lake Olympia Square Outparcels
Dear Mr . Henson:
In your letter of October 17 , 1994 (attached as reference) you requested
an interpretation of the term "fast food" restaurants since this
exclusion in the plan could affect your ability to develop restaurants
such as McDonald' s on the site .
After consultation with other City staff involved with the approval
process for this project , we are of the opinion that "full service, sit
down restaurants" as permitted in the approved plan allow for facilities
with drive-through operations which supplement the main restaurant . This
would typically include restaurants such as McDonald' s , Wendy' s , Burger
King, Long John Silvers , Taco Bell , etc . when the drive-up windows are in
addition to inside service where a full complement of indoor seating is
provided. Alternatively, "fast food" restaurants are interpreted to be
those where very limited or no indoor seating is provided and where
drive-up windows serve as the main means to dispense food orders . This
would typically include restaurants such as Checkers , Hot-N-Now, or
"Express" type facilities of major restaurant chains .
In order to clarify whether a prospective use is permitted under the
interpretation specified in this letter, I would suggest that you
initially consult with me prior to undertaking any detailed plan
preparation. If I can be of any further assistance in this matter,
please contact me at your convenience .
S' c rei-
•
Russell B . Wagner . AICP
Director of Planning
REW j cp
cc : Ellis Shapiro
Paul Rosenthal
Don Flippen
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
tiss\s COMMISSIONERS
_ -y = CITY OF OCOEE RUSTY JOHNSON
A* D. PAUL W.FOSTER
vO 150 N. LAKESHORE DRIVE SCOTT A.GLASS
3_
OCOEE,FLORIDA 34761-2258 JIM GLEASON
4y. V A (407)656-232
CIT!MANAGER
FP
OF p000 ELLIS SHAPIRO
LFP-846
February 13, 1995
Mr. Donald Henson II, P.E.
Design Service Group
362A Grant Street
Longwood, Florida 32750
RE: Lake Olympia Square Out-Lots: "Fast Food" Restaurants
Dear Mr. Henson:
As you are aware, the Land Use Plan/Preliminary Subdivision Plan for Lake Olympia
Square specifically prohibits the development of "fast food" restaurants within the
proposed out-lots. "Full service, sit down" restaurants are specifically permitted
within the proposed out-lots. By letter dated October 17, 1994 (copy enclosed) you
requested guidance regarding the scope of the prohibition against fast food
restaurants. By letter dated November 7, 1994 (copy enclosed) I provided you with
Staff's opinion regarding the differences between the permitted "full service, sit
down" restaurants and the prohibited "fast food" restaurants.
The Staff's initial interpretation focused on whether or not the proposed restaurant
had very limited or no indoor seating and provided service primarily through drive-
up windows. Questions have now arisen regarding the interpretation set forth in the
November 7, 1994 letter. As a result of these questions, please be advised that no
actions should be taken in reliance upon the earlier letter sent to you since further
review of this matter is necessary. This review may also require discussion with the
City Commission to provide additional clarification.
n rely,
LS.
Russell B. Wagner, MCP
Director of Planning
RBW:cp
Enclosures
cc: Mayor S. Scott Vandergrift (w/enc.)
Ocoee City Commissioners (w/enc.)
Mr. Ellis Shapiro, City Manager (w/enc.)
Mr. Don Flippen, Building Official (w/enc.)
Paul E. Rosenthal, Esq.. City Attorney
Miller Group Development Corporation,
Attn: Mr. Glenn Miller (w/enc.)
FIL.E No. 2ti4 02/22 '95 14:33 ID:LESIGN SERIICE lzRLLP 407 2b0 0478 Mit 1
• 1e4/3-fit
Dow Service Group
362A Grant Street
Longwood,Florida 32750 tar
(407)331-3773
FAX(407)260-0478 11 FEB 2 2 1995
February 22, 1995
CITY OF OCOEE
Mr. Russell B. Wagner c P� 0 5 hap r o
City of Ocoee
150 North Lakeshore Drive Bea nne>✓
Ocoee,Florida 34761 6-1 I r et.
Re: Lake Olympia square I p ReJN-
DSGr Project No.93-027 Re-On i K
Dear Russ:
Thank you for the opportunity to discuss the above-referenced project with you yesterday. We
were surprised to receive your February 13, 1995 correspondence which superseded your earlier
November 7, 1994 letter regarding allowable uses for the Lake Olympia Square out-parcels. As
discussed,our client, Miller Group Development Corporation, has received considerable interest
from McDonalds on Lot 3. Based on the determination contained in your November 7, 1994
letter,they have proceeded with negotiations for purchase. Obviously, our client would like to
resolve this matter as expeditiously as possible.
You may recall that we discussed that the Miller Group is preparing to submit construction plans
for Phase II development. That discussion revealed two additional possible concerns staff may
have regarding phasing timing and building area constraints. Therefore,we hereby request that
the City staff, and City Commission,if determined necessary, consider and render an opinion on
three issues which are summarized as follows:
1. The developer agreed to exclude"fast food" restaurants from allowable out-parcel users.
Specifically mentioned were restaurants such as a Checkers Drive-In or similar facilities
having no seating capacity_ McDonalds does have a drive-thus facility but also provides
considerable interior seating capacity and a fuller menu service to their patrons. They are
currently planning an approximate 4,800 SF store,almost double some of their typical
store sizes,for Lot 3 in order to provide increased indoor playtime facilities ilities for children
and seating for families. Please interpret the City's code definition of"fast food"
restaurants and determine if such a facility is acceptable.
2. Phase I construction is well underway and site related improvements arc nearing
completion. The approved Land Use/Preliminary Subdivision Plan lists Lots 3, 5, and 6
and Retails C,D,E,and F as Phase II construction. The developer's thought is that Lots
3 and 6 should be "development ready"and available for purchase immediately upon
completion of required subdivision improvements and recording of the Final Plat.
Further, since Lots 3 and 6 are not dependent on the shopping center after completion of
FMK I improvements,lir develomm old not be in!ermingled w u
completion of Retails C,1), E, and F. Please determine if this is an accurate assumption.
sits Planning•Consulting Engineering -Ernnronmsntel Permitting
r Lt No. 264 ue/-,f2 u /-,f2yb 14:34 1D:EESIGN StFc V''[CE GRWP 407 260 0478 PAGE 2
Mr. Russell B. Wagner
City of Ocoee
DSG Project No. 93-027 •
Page ♦ o
February 22, 1995 •
3. During preparation of the approved Land Use/Preliminary Subdivision Plan,
assumptions were made as to Phases II and ni building configurations and sizes. The
developer had not yet secured tenants for future phases and had not determined their
building area needs. Occupants for Phase R are now becoming(mown and their space
requirements have required minor modifications to Phase II building sizes and to the
location of the Lot l/Lot 7 dividing line. Attached please find copies of the revision
areas which summarize proposed modifications. Phase II in the Preliminary Plan was
estimated to contain 24,526 SF(Retails C,D,E,and F). The revised plans proposes
33,463 SF in Phase Q(Retails C,D,E, F,and G). Please determine if these changes can
be considered as a*Non-Substantial Deviation'.
Thank you for your assistance in these matters. We,along with the developer,would be happy
to meet with City staff to answer questions should that prove helpful. Also, should any of these
items need to be forwarded to the City Commission for consideration, we request that it be
scheduled for the next available meeting,March 7, 1995. Should you have any questions, please
do not hesitate to advise.
Yours truly,
'raid Henson II,P.E.
Project Manager
RHII:dmw
Enclosures
cc: Miller Group Development Corporation
Huber Design&Construction
File
,...,....
•
!( -
...._ .. ,
•
• .
0
- P •Pr a . . 4 1
• .. 4 I IZ14 ..,
N...
, .
....... S 89112812" F 120.501-'0k
•
236.52'
1 .
• ,
.'" afr C ? t.k"'. tiz *-3k N ew
, , . • 1
, -
i I • ".ti,
1L
P
• ' I,
c: Zit I I.
1 ', • kr3 5
..
..• 1 :Ely v..., g
LOT 3 1/ 'Ill
11 ; II (1.001FED COMO Lan
0.05 ACRES
Ii: II: 16 # 11 11.-'''..."'--11
I It we 5.000 WARgIR_OLsetr PAREC.
&Mx MC siPuraous. RE19411011
ta 1 II 1§ &OUVALI.MOM= 07 SiOPP. CTR
, ..; &i tl i--1.._ L"s• 1110
. , II : 1 N 89.51•10" E Ira
. .,..,, ,,, ;1,. ..J, e> 4i•' .9) '11) 1 14 228.65 NMI WIN LAIC&
amorwa du Is
• . ...0 t......::1. ,....j. I.: t,..... .....-4r . ' li WI LIM' .- n I .
...•-‘,,- , ) r ,---p 11
.-,.....•...•,,,,,,Aiwa. IL • I PO
\ \ .1.1,wm,:m.rifw
I .1 i,D
P 107.24' HIG4 I ,
s orar'40- r ' , „
...‘_1 " _ ._._ - ..._ ll
i•
3 G ... -PHASE NA PARKING—To ' IA T 4 I
.:-.
• -\-1. , •-•?il: 41f
-2 a
•• Ik:N .1'---1 ' 't•
... 4 lismit51.1- -t - ENV:PMAY •, 4 8948'12
ft N, \ . ....0 ...ii...\ .a•COM Maramut .4
-7'uriblai .' .- I S I
Fa.)
•
i1 _. ,,...,__ ...7.-...F.-...- . .
.. .. .
- cloilr.e.?‘P .--..• ...-:'111. ."1:1= rivi. 4r..1 r • oak,
-,:. :S:),...>' '• N./ -...***.6 - ' ..: * • " ss ' *. ,,-.-,,Iii-illir- — I. R,,•..:.; „
t" \ If."4 t.l. PROPOSED 2 \ .'-', . I
. f ' ....,
\ ••
RETAIL "D" i )11110 '', tv..sl 1114§..ic° 1
i FIN FLOOR a 1.33.33 • •-z.. ....1-- . 1 ti
. I . (PHASE PA) •1,3 , i
} • -- 41 ' rn 1
,
.. ,&MC
SOCIVALX IA -,...... z-; .___ .
'44'
. irionossommoresaw -,
1......t.w.v.k. r 1 . gni IIV-10- LE._ r. 74 • '
T Isit -1 .,.-..,,4 tf. 2 4-
, — ri.i. ' — , --- I 101 II
'''...1 ' • PHASE VA PARKMG--X-....
• : —1
1! --'1 6 0 to . .
- z 5 ,
',.
....... , „..
• il .
- ,,, --- POLS..:. .::, If LAM midi :ii-gi -
0 vaptidt. . 15: N -
r.,c ____ , )
LOT 1 . Q • . 23'
'
(ii0DE1ED COMO LOT)
4 " .-* . 7 , -..- . 5- — ; 1 a li
12-77 ACRES -'44k 4. •4 0/ -. ; ___2 1 -- ;
- T4O 4 —0-1 I
a
EXISTING STORMWAIER RETEN11CN AREA .A. 4k• - ea
'',z
•
5131 • ..1.s...r.--
.:-."
tSilionu1ti4 oz-uhilom APEAs sou.it iiimpkum&WI WIC 4XrwilvtA%MAK PARINCVENO9 sou 15'R
44,Nii ....... ott-li
- ---
--- _.
*.-Et_----=---44-
r.S6V ,„. 1 't!'
MAE"/IA 1
• . -. ... -.- . -ill 11 -.1 I 1.1
... . -......-- ..
C 390d 8LVO OSZ LOP dnoa9 30IAS3S NOISM:al VE:VT S6. F,/.?,0 V9 .°N 31IJ
•
r�...rr___-�*941R`....___..,,nom _ 1
um 216.64' _ __ _- __ _is _. ,---_-,......-z-. y,. -y �6
..�.. 411..50 �
1;4.::::::-
tJl o-- •.ate., CP,Mt
I II / �`;:
319.1 fes_ ,
�t A �'k' R
1.1
EXIST. STORYWATER RETENTION-- - so 0
APtA •A• - to OE ExFN4OEn PHASE Ise „ - � 4
I . •SING `� 1.
Ito • 4
Ai
eb
Ale Fp SVSOU$
4.01 i herr T
g.
> ;•
of „..' 4 :,,) C �.. .0 }~
O
N 89.59'46" E-
32.89' -
PRiiv1ON+� �' j ~'
` • .•�., ,r na une r Manua
remitsA* ` 4 is oat i r. .a.ra
yam• a y+uo.r s.e•1.r ac O+�
•
i41.1162.-
��lo s as. ,ti Ww - \: in-an
/ 3C' r uwma
PRO SED
rn „ ' ;RET L "P'
ar �IEYl Oilf
. .. .fir _ P iCe f MAIL.
" Jt `�g -
C PHASE 98 a gi ^�A
OI 411,-AMONG i
1 ir4441;e ` ... \7 •
\PSTOTBINWATERAREA I•-IA
RETENTION -.,L t \ Nell.
1NSlD — PHASL
...ei '14 ' gri v:::j I-- - - ,
• -_,��-
. Lir.-- .';--ij-..-.- r'''' ..; 7:::"'....'''''-
;F- -� - ' -• .- --- ,t.;v -P11 SE MA PARKING
J N :9'43' D"_ 238.5' ' .
. ,
•
N. Ilir
•
C ;
/ e / .1.1.s"t"/ ' \--- -
l / rrs J ___.).
k
itidlibi,L7 - / S fel,5�9'76�71`
- ilk a -moi
V 39tld 8GPO 09E GOV dfn219 39IA2HS N9[S31:aI 5E:VI 96. z,3" O V9E '°N 3113
ARTICLE 11
(59) Cocktail Lounge: A room having a bar and tables set up at all times and used for
serving alcoholic beverages and/or food.
•
(60) Commercial,Convenience: A retail establishment having an enclosed building area
of less than five thousand (5,000) square feet, or a.group of such establishments
not exceeding fifteen thousand (15,000) square feet in the aggregate, designed to
serve the Immediate shopping and service needs of persons within a very small
area. Uses within this category may Include convenience stores coin laundries,
restaurants, and similar facilities. Convenience stores with gasoline sales may be
allowed only with special exception.
(61) Commercial, General: Includes a variety of general retail, business and personal
services, commercial recreation and entertainment, and related activities. This
category includes the following specific uses and uses similar thereto:
(a) Arcades,billiard and pool parlors,bowling alleys,indoor recreation centers,
gymnasiums, spas, and health clubs. •
(b) Automobile accessory and parts stores and hardware stores without
outside storage.
(c) Commercial or trade schools, including dance and martial arts studios.
(d) Department stores, convenience stores (with gasoline sales), and general
retail stores without outside storage.
(e) Financial institutions with or without drive-through facilities.
(f)
Funeral homes and mortuaries.
(g) Grocery stores, supermarkets, and specialty food stores (such as meat
markets, and bakeries).
(h) Restaurants without drive-through facilities.
(I) Retail plant nurseries.
(j) Service businesses such as blueprint, printing, catering, tailoring, travel
agencies, upholstery shops, laundries/dry cleaners, and light mechanical
repair stores (such as camera, TV, or bicycle repair shops).
(k) Shopping centers.
(I) Theaters and auditoriums, but not drive-in theaters.
(m) Veterinary offices and animal hospitals, provided the facility has no outside
kennels.
(62) Commercial, High Intensity: Those activities which require outdoor storage, have
higher trip generations than general commercial uses listed above, or have the
potential for greater nuisance to adjacent properties due to noise, light and glare,
or typical hours of operation. This group of uses includes the following specific
uses and uses similar thereto:
(a) Automobile sales and rental
Adopted July 21, 1992 18025
ARTICLE II
(93) Dwelling,Attached: A dwelling which is joined to another dwelling at one or more
sides by a party wall or walls.
(94) Dwelling,Detached: A dwelling which is entirely surrounded by open space on the
same lot.
(95) Dwelling, Mobile Home: A dwelling unit constructed off-site which meets the
standards of the U.S. Department of Housing and Urban Development (HUD)
adopted pursuant to 42 U.S.C. 5401, et seq. and effective June 16, 1976, or on the
date of manufacture,whichever is later. This category shall not include recreational
vehicles.
(96) Dwelling, Multi-family. A residential building designed for or occupied exclusively
by three (3) or more families, with the number of families in residence not
exceeding the number of dwelling units provided.
(97) Dwelling,Single-family: A private residential building used or intended to be used
as a home or residence in which the use and management of all sleeping quarters
and appliances for sanitation, cooking, heating, ventilation, and lighting are
designed primarily for the use of one (1) family unit, and with partitioning so that
any substantial interior portion of the dwelling may be reached without resort to
exterior access, and so that the building has one (1) kitchen and one (1) electrical
meter.
(98) Dwelling, Two-family(Duplex): A residential building designed for or occupied by
two (2)families,with the number of families in residence not exceeding the number
of dwelling units provided.
(99) Dwelling Unit A dwelling unit consists of one or more rooms which are arranged,
designed or used as living quarters for one family only. Individual bathrooms and
complete kitchen facilities, permanently installed, shall always be included for each
dwelling unit.
(100) Easement A right in the owner of one parcel of land, by reason of such
ownership, to unfretted use of the property or another for a specific purpose or
purposes.
(101) Eating and Drinking Establishments: A building, or portion of a building, occupied
by an establishment in which a person or persons practice a vocation that performs
a type of labor, act or work that primarily results in the preparation and retail sale
of food or beverages directly to the ultimate consumer on the premises and not for
resale.
(a) Drive-through Restaurant An eating and drinking establishment designed
primarily to provide for the quick, efficient and convenient ordering and
dispensing of food and beverages to automobile-oriented customers. Such
establishments normally contain little indoor eating space and few tables
and normally specialize in carry-out purchases often consumed outdoors
on the premises,within automobiles or off the premises entirely. Off-street
parking and automobile access to the premises normally constitute a major
service factor in the function of the establishment.
(b) Restaurant An eating and drinking establishment designed to serve
primarily walk-in or pedestrian-oriented customers. Such establishments
normally contain a considerable amount of indoor eating space and tables
and specialize in foods and/or beverages that are consumed on the
Adopted July 21, 1992 18031
ARTICLE II
premises within the principal building Itself. While automobile off-street
parking space is normally Included on the premises, it does not constitute
a major service factor in the function of the establishment.
(102) Educational Facility. A structure erected for the purpose of providing training
and/or schooling.
(103) Emergency Shelter See: Community-based Residential Facilities.
(104) Emergency Shelter Homes: See: Community-based Residential Facilities.
(105) Emission: The act of passing into the atmosphere an air contaminant or gas
stream which contains or may contain a contaminant or the material so passed into
the atmosphere.
(106) Environmentally Sensi0ve Lands: Lands located within the corporate boundaries
of the City of Ocoee which are characterized by one or more of the following:
(a) Located within the one-hundred year flood plain of a stream, river, lake or
depression, and including the boundary or shoreline area associated with
such floodplain. For the purposes of this Code, the one-hundred year
flood plain area shall be as shown on the Flood Insurance Rate Map issued
under the National Flood Insurance Program administered by the Federal
Emergency Management Agency, and boundary or shoreline areas shall
be those areas located within fifty (50) feet of the one-hundred year flood
plain.
(b) Located within a wetland (connected or Isolated) and Including wetland
fringe areas which are essential for maintaining the hydro-period of the
wetland. For the purposes of this Code, wetlands shall be as established
by the Florida Department of Environmental Regulation and City of Ocoee
Planning Department, whichever established area is more extensive, and
fringe areas shall be all areas within fifty (50) feet of designated wetlands,
unless a specific fringe area is established by either the Department of
Environmental Regulation or the City of Ocoee Planning Department.
(c) Located within a wetland or upland habitat for a species listed as either
`threatened" or "endangered' by the Florida Game and Freshwater Fish
Commission (FGFWFC). For the purposes of this Code, the location of
habitat areas shall be established by the FGFWFC based on an area-wide
study or studies of individual sites.
(d) Located within a known or suspected archaeological site which is eligible
for listing on the National Register of Historic Places. For the purposes of
this Code, a site will be considered eligible if it is listed on the National
Register of Historic Places or if it is included on the Master Site File
maintained by the Bureau of Historic Preservation, Florida Secretary of
State.
(107) Essential Services: The erection,construction,alteration or maintenance,by public
utilities or municipal or other governmental agencies of underground or overhead
gas, electrical, steam or water transmission or distribution systems, collection,
communication, supply or disposal systems, including poles, wires, mains, drains,
sewers, pipes, conduits,cables,fire alarm boxes,traffic signals, hydrants and other
similar equipment and accessories in connection therewith reasonably necessary
for the furnishing of adequate service by such public utilities or municipal or other
Adopted July 21, 1992 18032
ARTICLE H
(e) Pkkup Coach: A structure designed to be mounted on a truck chassis
with sufficient equipment to render it suitable for use as a temporary _
dwelling for travel, recreation and vacation uses.
(f) Travel Trailer: A vehicular,portable structure built on a chassis and towed;
designed to be used as a temporary dwelling for travel, recreation and
vacation uses;permanently identified'travel trailer by the manufacturer on
the trailer, and, when factory equipped for the road, having a body width
not exceeding eight (8) feet and a body length not exceeding thirty-two
(32) feet, but not including mobile homes as defined herein.
(223) Recreational Vehicle Park:A development designed specifically to allow temporary
living accommodations for recreation, camping, or travel use. The definition does
not Include a mobile home development.
(224) Residential Treatment Facility. See: Community-based Residential Facilities.
(225) Restaurant An establishment where meals or prepared food, including beverages
and confections, are served to customers, and including establishments with and
without drive-through facilities.
(226) Resubdivision: A change in a map of an approved or recorded subdivision plat if
such change affects any street layout on such map, any area reserved thereon for
public use, any lot line, or any map or plan legally recorded prior to the adoption
of any regulations controlling the subdivision.
(227) Right-of-Way. A strip of land owned or controlled by the City or another
governmental agency over which the public has a right of passage, including the
streets, parkways, medians, sidewalks and driveways constructed thereon.
(228) Ringelrnann Chart A method of designating smoke density or opacity as designed
in the U.S. Bureau of Mines Information Circular No 7718 and subsequent
amendments thereto.
(229) Rowhouse: See: Townhouse.
(230) Sanitary Landfill, Garbage: Addition or deposit of any garbage or organic matter
upon or within any lot or parcel as regulated by the Florida Department of
Environmental Regulation.
(231) Sanitary Landfill,Nongarbage: Addition or deposit of any dry trash, refuse or solid
waste material, upon or within any lot or parcel. Mowed materials shall include
tree, shrub and grass cuttings, metal items, construction materials, natural
vegetation materials from land clearing and other similar items as regulated by the
Florida Department of Environmental Regulation.
(232) School: A public or private preschool, elementary, middle, or secondary school,
or community college or university, and other similar uses, but not commercial or
trade schools.
(233) Screening: Shall mean either of the following:
(a) A strip of land at least ten (10) feet wide, densely planted (or having
equivalent natural growth) with shrubs or trees at least four(4) feet high at
the time of planting of a type that will form a year round dense screen at
least six (6) feet high.
Adopted July 21, 1992 18045
CITY OF OCOEE
March 17, 1995
3:15 p.m.
ATTACHED IS ADDITIONAL INFORMATION RECEIVED
AFTER PACKETS WERE COMPLETED
FOR
CITY COMMISSION AGENDA OF 3/21/95
ITEM VI. A. LAKE OLYMPIA SQUARE - FAST FOOD
TRICKEL,LEIGH & MANN, P.A.
ATTORNEYS AT LAW
NUM MRICKEL JR. of COMM.
RICHARD A LEM" 39 WEST PINE STREET
gement L MAW ORLANDO,FLORIDA 32801 +mss A mamma.R.
srEPn a.N.taRSCS TELEPHONE (497)4123134
FAX (407)643-2169
FAIL TRANSMISSION
March 17, 1995
TO Mr. Ellis Shapiro, City Manager
FAX NO. 656-8504
RE Lake Olympia Square: Phase H
FROM James A. McNabb, Jr.
FILE RE-95072
PAGES (including cover): 41
Th.0414444444 aarrYrbrsd sw we Aawtwtb rsesssjs is 4uwd•e toil ter os psrsasal sad.erdlr.wdr aa.at Re riebolowto Named*bon.
Mho wwweps ww y be w cbon. duet n..4,.,aid ex each M planed aid oadldnrr. IMO PIM*W not the tnt ntled wdPMnt
or oil Awe root xibiao far defrwinp It to Ow Mended netsiai.'CU ani bomby robbed the yeu firm re ceNed tis damsel in rbr,end that ow
maw,6uernin Alert,Iseibu orl a rmprina i tis morons w Wetly p.Ohblwd ✓you tars r.edraad dee aarw.aaneen infirm,paws may ua
fn IN**hr by Moon**and robn to adeirui mersas to us by mai. Thank mu Dr your daddlenes aril cooparadon.
MESSAGE
Please call us at(407)422-5154 it you have any problem with this transmission. Thank you.
LiT'd 441341 '8 HDI31 13)OIal VS:EI S6, LT ekL
TTicszEz, LEIGH & MANN, PA.
'aR Et..72. AT TORNBYS AT LAW
Rxsaaa A.LEIGH Or Coors=
39 Warr Prim ST2cerri
Kamm=L.Harm OSZur o,FLOB=:p,A. 32601-2695 MammaSosaarozi.& Pb
Siam r 8.Parcae
FAx(4o7) 646-2160 s AT Liss.
(407) 422-5154 s�L�0.S�J27[E3b0
Or Covasaz tars fOt Rica-P0.3=024460
Aims A Malkin%Jai. y►asr Mu(8sica.l2 4CfWs2-ssee
March 17. 1995
Mr. o of
Shapiro, City Manager
ay
150 N. Lakeshore Drive
Ocoee FL 32761-2258
Re: Lake Olympia Square
Dear Mr. Shapiro:
Enclosed is a letter to Paul Rosenthal about the March 21 Ocoee City Commission
Meeting. That letter addresses the position of Lake Olympia Square Partnership concerning the
conditions of approval for the project, as they relate? to "fast food"restaurants on the outparcels.
The letter also notes that we would like a few minutes to present another matter to the
Commission. The purpose of this letter is to provide you with background information regarding
that presentation.
The original project approval is summarized in the minutes of the Commission meeting for
May 17. 1994. It describes the project as being developed in three phases, having an overall
approved development potential of 151,894 square feet. The summary recites the anticipated
phasing, as follows:
Square
Footage �a
Phase 1 57,718 38.0%
Phase II 39,526 26.0%
Phase III 46,250 30.5%
Unidentified future expansion 8,400 5.5%
Following that approval, and during the construction of Phase I of the project, the owner
completed leasing negotiations with several tenants for both Phase 1 and Phase IL As is typical,
the tenants restated their needs several times during negotiations, and did not finally resolve those
needs until final leases were being drafted. Only after all of these needs were set in concrete was
the owner able to evaluate how best to accommodate the tenants in the context of the approved
plan.
As might be expected, accommodating all tenant needs, together with the traffic flow
needs of all parties, required shifting and relocating construction within the project. Significantly,
these changes have not increased the density or the development intensity of the project. It only
has moved,or shifted, the internal components. The projected changes are as follows:
Lr2'd NJew 3 H5131 T3>OIaL t :Et S6, LT &-11.1
Mr. Ellis Shapiro
March 17, 1995
Page 2
Square
Footage %
Phase I 57,718 38.0%
Phase II 43,463 28.6%
Phase III 42,313 27.9%
Unidentified 8,440 5.5% .
These changes represent shifts, or rearrangements, as follows:
Approved Revised Change
Phase I 38.0% 38.0% -0-
Phase II 26.0% 28.6% 2.8%
Phase III 30.5% 27.9% (2.8%)
Unidentified 5.5% 5.5% -0-
This shifting was included in the owner's recent purchase of traffic impact reservation on
January 24, 1995,at which time the owner purchased the total reservations needed for the revised
Phase II, being the original Phase II and portion of Phase III. The total reservation was for 1,438
trips, based on 32,026 square feet. In fact, as noted above, the actual square footage of Phase II
is 43,463. However, that includes 10,000 square feet applicable to two outparcels that the owner
is not developing currently. Accordingly, our actual development plan requires only the
difference, or 33,463 square feet.
I trust this is helpful. If you have any questions. please let me know.
Thank you for your consideration.
c, truly yours, ' ,,n
i , )6e >
flames A. McNabb,Jr.
1Mc/mlf
Enclosures: Copy of March 17, 1995 letter to Mr. Paul Rosenthal, Esquire
Copy of Mr. Wagner's November 7. 1994 letter
G:ti,IAMVAILLEPyaT\SHAM ROI_L.TR
LiE'd 1,44J418 H9131 1J)c I a1 SS:E t SG, Zt rltt4
1` I L, LEIGH & MANN, RA.
Nhzuau Thxcztr.Js ATTORNEYS AT LAW Or Gortrtsar.
Rxcs.pa A.Lama ea WEST Prem Swains-A. Nam=SolrtRtaeoaa de Ear=P.A.Xlonm rs L Placa O*L JIno, Fuascro . 32801-2805
FAX (407) 948-2199 1lrxioesisrsAir Ler
Sarson S Porta (4o7) 422-31.54 nus o>:eses
Or Govorvin. Misr Pus strata,FL 30402-1.1118
JAxas A.McNina.Ja.
March 17, 1995
Mr. Paul E. Rosenthal, Esq.
P.O.Box 2193
Orlando, Florida 32802-2193
Re: City of Ocoee /Lake Olympia Square
Dear Paul:
As you know, we represent Lake Olympia Square Partnership, the developer of Lake
Olympia Square, in Ocoee. We have been informed by the City of Ocoee that Lake Olympia
Square has been placed on the agenda for the City Commission meeting on March 21_ We were
told that the purpose of this agenda item is to obtain a "clarification"of a condition of last year's
Lake Olympia Square site plan approval that prohibits "fast food" restaurants on any of the
outparcels covered by the site plan. We assume this desire for clarification is the result of our
request for site plan approval to construct a McDonald's restaurant on Lot 3, an outparcel.
We intend to cooperate with the City in every way possible, and a representative of the
Partnership will attend the March 21 City Commission meeting. However, we want to state
clearly our position that no further clarification is necessary in order for the City to approve the
McDonald's site plan.
I am sure you are very familiar with the circumstances surrounding the original approval,
and its conditions, and they need not he repeated in detail here However, allow me to
summarize the background against which this issue now is presented.
In the process of obtaining approval of the site plan last year, representatives of the
Partnership had numerous and lengthy discussions with the City staff, and before the City
Commission, outlining the understanding between the City and the Partnership concerning the
prohibition against "fast food"restaurants on the outparcels. The City consistently agreed and
confirmed that this prohibition would not prevent the use of an outparcel for a restaurant such as
McDonald's. It always was made clear to us that this prohibition was to prevent an outparcel
from containing drive-through restaurants such as "Checkers" or"Rally's", or similar operations.
The common element among these prohibited restaurants is they provide principally drive-through
service, and typically have little or no customer seating.
With the City and the Partnership being of one mind on this point, the Partnership readily
agreed to the "fast food" prohibition as a condition of approval. Since then, the City planning
staff, both in meetings and in writing, has confirmed that earlier understanding. In fact, when the
Partnership made a specific inquiry about a McDonald's restaurant on an outparcel, Russ Wagner
replied that this use was within the permissible outparcel uses contemplated in the site plan
approval A copy of Mr. Wagner's November 7, 1994 response is enclosed here.
2,17'd hNeW 2 H9I31 1J OIe11 SS:6 t S6. LT 8114
Mr. Paul E. Rosenthal, Esq.
March 17, 1995
Page 2
The Partnership since has proceeded with the development of Lake Olympia Square,has
entered into contractual arrangements with McDonald's Restaurants, and has expended significant
sums of money, all in reliance on its original understanding with the City, as later confirmed in
writing by the Ciity. Understandably, we arc quite concerned that anyone at the City now
questions whether this understanding requires"clarification" by the Qty Commission.
At the time the conditions of approval first were being discussed, the Partnership went to
great pains to ensure that the Partnership and the City had the exact,same kinds of uses in mind.
To that end representatives of the Partnership,in more than one instance,discussed with City
staff the kinds of differences sought by the City,and Mr. M ller, to highlight the prohibited uses
on which the parties agreed, referred to an operation "such as a Checkers". The Staff agreed this
was the kind of fast food establishment that could not go on an outparcel.
When the conditions were stated and the approval granted, the City and the Partnership
were in complete agreement as to what could and what could not go on an outparcel. There was
no need then, or now, to pursue that question further. The approval condition states, in
pertinent part, as follows:
"Lots 3, 5 &6 are to be developed as commercial out parcels. Each lot shall
contain a maximum 5,000 s.f. building area and meet City code requirements for
parking, setbacks, landscaping, etc.within their own boundaries. Proposed uses
may include Full Service, sid down restaurants, banks, and other permitted uses
under the C-2 zoning. 'Fast Food' restaurants are hereby specifically prohibited."
Ocoee's City Code contains three definitions of interest here:
"(225) Restaurant: An establishment where meals or prepared food, including beverages
and confections, are served to customers, and including establishments with and
without drive-through facilities."
"(101) Eating and Drinking Establishments.: ...
"(a) Drive Through Restaurants: An eating and drinking establishment designed
primarily to provide for the quick, efficient, and convenient ordering and
dispensing of food and beverages to automobile-oriented customers. such
establishments normally contain little indoor eating space and few tables
and normally specialize in carry-out purchases often consumed outdoors on
the premises. within automobiles or off the premises entirely. Off-street
parking and automobile access to the premises normally constitute a major
service factor in the function of the establishment."
"(b) Restaurant An eating and drinking establishment designed to serve
primarily walk-in or pedestrian-oriented customers. Such establishments
normally contain a considerable amount of indoor eating space and tables
and specialize in foods and/or beverages that are consumed on the
premises within the principal building itself. While automobile of-strut
L/S'd MJUW 8 H9I31 13)oRII 9S:8t S6. LZ etw
Mr. Paul E Rosenthal,Esq.
March 17. 1995
Page 3
parking space is normally included on the premises, it does not constitute a
major service factor in the function of the restaurant."
While the Code does not contain specific definitions for"Full Service Restaurant"and
"Fast Food Restaurant'(terms used in the site plan approval), the
are evident in the definitions just given. The Code recognizes concepts behind these Germs
'Restaurants", on the one hand [items and provides a distinction between
(225)and (101)(b)1, and "Drive-Through Restaurants" on
the other[item (101)(a)j. A "Restaurant'refers to an eating esstablishment that
principally serves
"sit-down"customers. and it may have a drive-through window. A "Drive-Thr
principally serves drive-through customers, and usually will have tittle or no seating o�uraat'
consumption on the premises.
It was these concepts that the Partnership and City staff members discussed
year's site plan approval process; it was these concepts for which the Partnership, dui y last
ty
Commission meeting at that time, sought and received confirmation from the sta ; it was these
concepts for which the Partnership sought and received written staff confirmation late last year,
and it is these concepts that govern the current McDonald's Restaurant site plan presently before
the City staff.
The McDonald's Restaurant intended for Lot 3 will contain seating for approximately 70
people. This is significant seating capacity for a "Restaurant" as defined in the City Code, and it
belies completely the 'little or no" concept behind the Code "Drive-Through"definition.
Clearly, the McDonald's Restaurant to be built on Lot 3 is a permitted use within the
conditions of approval for Lake Olympia Square, consistent with the definitions set forth in
Ocoee's City Code.
Lake Olympia Square Partnership will cooperate with the Cityin
every way possible,
including appearing at the March 21 City Commission meeting. However, the Partnership does
not accept the implication that the previously adopted conditions of approval now require
clarification or interpretation. Neither cart the Partnership accept any clarification or
interpretation that prohibits the construction and operation of a McDonald's restaurant on an
outparcel, thereby significantly altering the conditions of approval to which it previously agreed,
Lake Olympia Square Partnership respectfully requests the City proceed with approving
the Mcdonaki's Restaurant site plan previously submitted, with no further action by the City
Commission.
Please let me know if you have any questions or would like to discuss any aspect of this
matter.
NOW--on another matter
Russ Wagner and our engineer, Ron Henson, have discussed changes we've had to make
to our site plan in order to complete Phase H. In discussing the March 21 Commission meeting,
Mr. Wagner told Ron that we would be permitted to discuss any other appropriate matter we
:'9'd NJt3W 2 H5I31 13;DIa LS:ET S6. LT aM
Mr. Paul E. Rosenthal, Esq.
March 17, 1995
Page 4
would like. As long as we arc there dealing with informal input from the Commission, we would
like a few minutes to discuss the nature of our site plan changes, principally to demonstrate that
these changes have little, or no, impacts on the density or intensity of the proposed development.
We assume these changes are sufficiently insignificant as to justify resolution at the DRC level,
and we seek a uniform consensus in that respect. If you have any comments you think might be
helpful, I would appreciate hearing from you.
Thanks for your consideration.
(,,truly yours,
21 Wei>latt‘
James A. McNabb, Jr.
JMc/dbp
Enclosures: Copy of Mr. Wagner's November 7, 1994 letter
Copy to Ellis Shapiro,w/enclosure
G.'WAMlMq.1.Er"1SCIT ARODENTH.(,TA
LiL'd 44141 -S HEI31 13;DIal LS:Et SG. L1 titW