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HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor to Execute Amendment to Developer's Agreement for Albertson's Shopping Center AGENDA 4-6-93 Item III B FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071423-7656 FACSIMILE 14071 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, City Attorney Vt11,,- DATE: March 24, 1993 RE: Amendment to Developer's Agreement for Albertson's Shopping Center For your information, enclosed is a copy of the Amendment to Developer's Agreement by and between the City of Ocoee and Zom Silver Glen, Ltd. In connection with the approval of the Preliminary Subdivision Plans for Albertson's Shopping Center, the Developer requested a waiver of the requirement contained in Note 5 of the Final Master Plan and Preliminary Subdivision Plan for Silver Glen, as contained in the Developer's Agreement dated December 17, 1991 between Zom Silver Glen and the City of Ocoee. This requirement requires direct access to the Albertson's Shopping Center to be at least 550 feet from the centerline of Clarke Road. The Preliminary Subdivision Plans, as approved by the City Commission of the City of Ocoee, provides for the access to the property on Silver Star Road approximately 275 feet from Clarke Road. The amendment to Developer's Agreement is required to conform the Developer's Agreement to the Preliminary Subdivision Plans approved by the City Commission of the City of Ocoee. If you have any questions regarding the amendment to Developer's Agreement, please let me know. cc: Mr. Ellis Shapiro, City Manager Mr. Bruce Behrens, Planning Director eV- (200,44 L / THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: David P. Barker FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AMENDMENT TO DEVELOPER'S AGREEMENT THIS AMENDMENT TO DEVELOPER'S AGREEMENT (the "Agreement") is made and entered into this day of , 1993 , by and between the CITY OF OCOEE, FLORIDA, a municipal corporation, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City") ; and ZOM SILVER GLEN, LTD. , a Florida limited partnership, whose address is 2269 Lee Road, Winter Park, Florida 32789-1836 ("Zom") . WITNESSETH: WHEREAS, Brookshire Development Company, Inc. , a Florida corporation (hereinafter referred to as "Brookshire") was the owner and developer of all of the land comprising the development within the city limits of the City known as "Silver Glen" and as more particularly described in the "Final Master Plan and Preliminary Subdivision Plan for Silver Glen, City of Ocoee, Florida", dated March 3, 1989, as prepared by C.C.L. Consultants, Inc. and consisting of 6 pages, as approved by the City Commission of the City on March 21, 1989 (the "Master Plan") ; and WHEREAS, by Warranty Deed dated November 13 , 1987 , and recorded in Official Records Book 3936, Page 2381, Public Records of Orange County, Florida, Brookshire conveyed to Zom certain of the land encompassed within the Master Plan, being the portion of the lands being designated on the Master Plan as the "commercial tract", and being more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") ; and WHEREAS, as set forth in the Master Plan all of the lands encompassed thereby was zoned "Planned Unit Development" ("PUD") by the City, with the conditions of approval applicable to such zoning classification being set forth in the 24 "Notes" listed on the Master Plan; and WHEREAS, Note 5 of the Master Plan reads as follows: DIRECT ACCESS TO THE COMMERCIAL TRACT SHALL BE PERMITTED TO SILVER STAR ROAD AT A POINT APPROXIMATELY FIVE HUNDRED FIFTY (550 ' ) FEET FROM THE CENTERLINE OF CLARK ROAD AND TO CLARK ROAD AT A POINT APPROXIMATELY FOUR HUNDRED (400' ) FEET FROM THE CENTERLINE OF SILVER STAR ROAD. APPROPRIATE BY-PASS, STORAGE, ACCELERATION AND DECELERATION LANES SHALL BE PROVIDED AT THESE LOCATIONS. THESE IMPROVEMENTS SHALL BE CONDITIONS OF THE COMMERCIAL TRACT SITE DEVELOPMENT PLAN. WHEREAS, Zom and the City have entered into that certain Developer's Agreement, dated December 17, 1991, as recorded December 23 , 1991 in Official Records Book 4357, Page 4672, of the Public Records of Orange County, Florida (the "Developer's Agreement") , affecting the Property; and WHEREAS, Zom has requested an amendment to Note 5 of the Master Plan applicable to the Property to permit the easterly access driveway to be constructed in the location shown on the "Land Use/Preliminary Subdivision Plan Albertsons Shopping Center" , dated February 23 , 1993 , as prepared by Design Service Group (the "Land Use/Preliminary Subdivision Plan") ; and WHEREAS, Zom and the City desire to amend the Developer's Agreement to revise Note 5 to permit Zom to construct the easterly access driveway as set forth on the Land Use/Preliminary Subdivision Plan. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration exchanged between and among the parties hereto, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the City and Zom do hereby agree as follows: 1. The foregoing recitals are true and correct, and are incorporated herein by this reference. 2 . The parties acknowledge and agree that Note 5 is hereby amended only to the extent necessary to permit Zom to construct the easterly access driveway on the Property in the location `et forth on the. LandUse/Preliminary Subdivision Plan. 3 . The Developer's Agreement, as amended hereby, constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 4 . Except as expressly set forth herein, the Developer's Agreement remains unchanged and in full force and effect. 5. This Agreement may be executed in any number if counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Zom and the City have caused this instrument to be executed by their duly authorized officers and their respective seals to be affixed hereto as of the day and year first above written. Signed, sealed and delivered ZOM SILVER GLEN, LTD. , a in the presence of: Florida limited partnership by its General Partner, ZOM Properties, Inc. By: ✓�" 2G����! ti ' P in Name. 2.71-A n e Gi'e„e ,a-.7.v / Its: - l.:S ��t v+i ./31) L Print Name: !-.Qc.i.r'ie 1301Soti (SEAL) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized by the State and County aforesaid to take acknowledgements, personally appeared Ee,?.,„„,.c. /,0,,.,,ozee„ well known to me to be the President of ZOM PROPERTIES; INC. , a Florida corporation, as General Partner of ZOM SILVER GLEN, LTD. , a Florida limited partnership, who [ yr' is personally known to me or [ ] produced as identification, and that he acknowledged executing the same on behalf of the corporation and partnership in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said corporation and partnership. WITNESS my hand and official seal in the County and State last aforesaid this / 9 day of M ,, 2C l , 1993 . (NOTARIAL SEAL) Notary Publi Print Name: ,y /l pe My commission expires: NOTARY PSIF.LIC,STAT: MY COMMISSION DONDED THR11 k►QSARY EUB:Ji, ru 3 CITY OF OCOEE a Florida municipal corporation By: Print Name: S. Scott Vandergrift, Mayor Attest: Print Name: Jean Grafton, City Clerk (SEAL) STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized by the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, who [ ] are personally known to me or [ ] produced as identification, and that they acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1993 . (NOTARIAL SEAL) Notary Public Print Name: My commission expires: C:\WP51 WOCS\OCOEAMEDEV.AGR 13/17/93118W015I DPB j16 • 4 ' F+ 11 . Red \3'),0 Y MARTHA 0. HAYNIE, ' Add Fee S 1 \ J..C range County Uoc Mr: $ By °-r�� init TAY $ '� By c� Total $ 1-4.17 , (-4 DePutY DEVELOPER'S AGREEMENT liTIL THISVELOPE 'S A REEMENT is made and entered into this _ •Q\ day of decam, 1991, by and between the CITY OF OCOEE, FLORIDA, a municipal corporation (hereinafter referred to as the "City") ; and ZOM SILVER GLEN, LTD. , a Florida limited partnership I (hereinafter referred to as "Zom") . CWITNESSETH: J -ifii,. �` '` ' •'-' ' -' ) WHEREAS, Brookshire Development Company, Inc. , a Florida _�' corporation (hereinafter referred to as "Brookshire") was the owner and developer of all of the land comprising the development within ,� the city limits of the City known as "Silver Glen" and as more L� particularly described in the "Final Master Plan and Preliminary Subdivision Plan for Silver Glen, City of Ocoee, Florida", dated March 3 , 1989, as prepared by C.C.L. Consultants, Inc. and consisting of 6 pages, as approved by the City Commission of the 6 City on March 21, 1989 (hereinafter referred to as the "Master r._/ Plan") ; and OR 4357 FG4672 C WHEREAS, by Warranty Deed dated November 13 , 1987, and 19 recorded in Official Records Book 3936, Page 2381, Public Records J of Orange County, Florida, Brookshire conveyed to Zom certain of �1 the land encompassed within the Master Plan, being the portion of q the lands being designated on the Master Plan as the "commercial tract" , and being more particularly described in the above referred Warranty Deed (with the lands conveyed by Brookshire to Zom being hereinafter referred to as the "Zom Parcel") , and with the balance of the lands encompassed within the Master Plan being hereinafter referred to as the "Brookshire Parcel") ; and WHEREAS, as set forth in the Master Plan all of the lands encompassed thereby was zoned "Planned Unit Development" ("PUD") by • the City, with the conditions of approval applicable to such zoning classification being set forth in the 24 "Notes" listed on the Master Plan (with such Notes being hereinafter referred to o collectively as the "Notes", and with any individual note being +) hereinafter referred to as "Note" followed by a number c rn corresponding to the number of such Note as set forth on the Master Plan and with a list of said Notes being attached hereto as Exhibit -)• C "A"; and a) di2)-tW C ,o •., N WHEREAS, certain of the Notes are intended to apply only to O m ' the Brookshire Parcel, some of the Notes are intended to apply only RI CDrn to the Zom Parcel, and some of the Notes are intended to apply to 4• a N w both Parcels; and a) E+ o o WHEREAS, certain of the conditions as contained in the Notes m c z are no longer applicable and have been rescinded and deleted by 04 (z • 10 virtue of that certain Development Agreement between Brookshire, • • }., Zom and the City, dated August 21, 1990, and recorded in Official g ala o Records Book 4213 , Page 1029, Public Records of Orange County, Florida (the "Clark Road Agreement") ; and RE107670\0001\ ESJDG10.028 911119.2 1 WHEREAS, at the request of Zom, the City, on November 21, 1990, rezoned the Zom Parcel from a PUD zoning classification to a C-2 zoning classification, but with a stipulation that any of the conditions of approval as contained in the Notes which applied to the Zom Parcel would continue to be applicable thereto; and WHEREAS, the City and Zom are desirous of setting forth which of the Notes remain applicable to which of the Parcels; NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration exchanged between and among the parties hereto, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the City and Zom do hereby agree as follows: 1. The parties hereby mutually represent and agree that the foregoing recitals are true and correct, and are hereby adopted and incorporated herein as a part of this Agreement by this reference. 2 . The parties acknowledge and agree that Note 3 has been rescinded and deleted pursuant to Section 5 of the Clark Road Agreement, and neither Brookshire, nor Zom shall have any further obligations with regard to said Note 3 . 3 . The parties acknowledge and agree that Notes 2 , 4, 6, 8, 9, 11, 12 .B, 14, 15, 18, 19 and 24 are applicable only to the Brookshire Parcel and neither Zom nor the Zom Parcel shall be bound thereby or have any obligation with regard thereto. 4. The parties acknowledge and agree that Notes 5 and 21 are applicable only to the Zom Parcel and neither Brookshire nor the Brookshire Parcel shall be bound thereby or have any obligation with regard thereto. 5. The parties acknowledge and agree that Notes 1, 7, 10, 12.A, 13, 16, 17, 20, 22 and 23 are applicable to both the Brookshire Parcel and the Zom Parcel, subject, however, to the following: (a) With regard to Note 16, Brookshire shall be fully responsible for the sidewalk located on or abutting the Brookshire Parcel, and Zom shall be fully responsible for the sidewalk on or abutting the Zom Parcel. Neither Zom nor Brookshire shall have any obligation as to construction of sidewalks on or abutting the other party's Parcel. 6. With regard to the financial obligations as contained in Note 13 , ZOM and Brookshire shall be jointly and severally liable therefor. This Agreement shall not, however, be deemed or construed in any way so as to modify, amend, enlarge, diminish or abrogate any rights of contribution, reimbursement or the like which ZOM may have against Brookshire, or vice versa by virtue of any agreement by and between ZOM and Brookshire, or otherwise, regarding the payment of any of the amounts required by said note 13 . 0F, 3 O 57 a PG467 3 RE\07670\0001' ESJDG10.028 911119.2 2 7. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties, and shall run with the Zom Parcel and be binding upon the heirs, legal representatives, successors and assigns of the parties and upon any person, firm, corporation or entity who may become the successor-in-interest to the ZOM Parcel. 8 . This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 9 . This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 10. Any notice delivered with respect to this Agreement shall be in writing and be deemded to be delivered (whether or not actually received) when (A) hand delivered to the person hereinafter designated, or (B) upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: Zom: Zom Silver Glen, Ltd. 2269 Lee Road Winter Park, FL 32789-1866 City: Attention: City Manager City of Ocoee 150 Lakeshore Drive Ocoee, FL 32761 11. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining protion hereof. 12 . The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. 13 . The parties hereto shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. RE\07670\0001UFSJDG10.028 OR 4 3 5 7 PG 4 6 7 4 911119.2 3 14. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 15. This Agreement may be executed in any number if counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Zom and the City have caused this instrument to be executed by their duly authorized officers and their respective seals to be affixed hereto as of the day and year first above written. Signed, sealed and delivered ZOM SILVER GLEN, LTD. , a in the presence o : Florida limited partnership c''.. 1 by its General Partner, U4_,LeLOSV\ -Irj4 ZOM Prrooperties,, Inc. Print Name: \t e_.,-o,N: ca. �1�C� By: . g.tn 1,�..,9 '..1 _" 7 . 4/ Edmund P. -Hampden �� r j �(� President - L Print Name: _ : '! G 1.1_0 o Al j, , '_L' .y) : 4 = (SEAL) .--, •; i., '- STATE OF FLORIDA - COUNTY OF © 00._ ,..,,,..' I HEREBY CERT FY that on this day, before me, an officer duly authorized by the State and County aforesaid to take acknowledgments, personally appeared EDMUND P. HAMPDEN, well known to me to be the President of ZOM PROPERTIES, INC. , a Florida corporation, as General Partner of ZOM SILVER GLEN, LTD. , a Florida limited partnership, and that he acknowledged executing the same on behalf of the corporation in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said corporation. WITNESS my hand and of f ici seal in the County and State last aforesaid this Z\ day of � o .w\ 9-., 1991. j•Q..Le-rv:47_,- N\C;;)-JLL (NOTORIAL SEAL) Notary Publi Print Name: Ne-0,1, ; 0,1Y11 . EL My commission expires: .4. Zto.q (Signatures Continued on Next Page) OR4357 FG4675 RE\07670\0001 V ESJDG 10.028 911119.2 4 • CITY OF OCOEE a Florida "unicipal corporation - . '' Pr N e: ud (: . •, L . ER DABBS, JR. , M- o 42 4ter~ ` ..• Print Nam- Spy SEAVEri Attest: J GRAFTON, ity;C?eek'= ` - (SEAL) t. :' - STATE OF FLORIDA COUNTY OF Orange I HEREBY CERTIFY that on this day, before me, an officer duly r authorized by the State and County aforesaid to take acknowledgments, personally appeared LESTER DABBS, JR. and JEAN GRAFTON, well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said corporation. tTNESS my hand and official seal in the County and State ,lhstz3'afor.esaid this 17th day of December , 1991. 41.4"4-Ki JA ae,ie -01OTORIAL SEAL) Noth ty Public Print Name: Marian B. Green My commission expires: t' November 4, 1994 1' FOR'USE AND RELIANCE ONLY BY =THErCITY OF OCOEE, FLORIDA. APPROVED BY THE OCOEE CITY ,. APPRO _ AS TO F AND. LEGALITY COMMISSION AT A MEETING THIS J)-DAY OF C&% tq 1991. HELD ON .i)Kz..+,R&a /7 , 1991, UNDER AGENDA NO. ITT G' FOLEY & LARDNE , ga,,je,40By: , City Attorney RE\m670�0oo1vESIDG10.02s a 4 3 5 7 '� c� 6 7 6 911119.2 5 • EXHIBIT "A" NOTES : 1 . THE REZONING AND PRELIMINARY APPROVAL IS SUBJECT TO ALL REQUIREMEN'T'S OF THE FLORIDA LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT. 2 . STREET STUBS TO ADJOINING UNDEVELOPED AREAS , EXTENDING IN EXCESS OF TWO HUNDRED FIFTY FEET (250 ' ) , SHALL BE PROVIDED WITH A TEMPORARY CUL-DE-SAC TURNAROUND. • '• 3 . TILE DRVEI.,OPER SHALL DEDICATE THE EASTERLY FIFTY (50) FEET OF HIS PROPERTY IN ACCORDANCE WITH TIIE PROPOSED CLARK ROADA ALR/IG �fENT . THE DEVELOPER SHALL BE RESPONSIBLE FOR PAVING STANDARD TWENTY-FOUR ( 24 ) FOOT WIDE STREET FROM SILVER STAR ----- ROAD TO TIIE INITIALLY--APPROVED---PROPOSED ENTRY POINT- OF THE-- PROJECT. THE COSTS OF ALL ADDITIONAL PAVING REQUIRED BY THE CITY NORTH OF THAT ENTRY POINT, AND EXTENDING NO FURTHER THAN THE NORTHERN EXTENSION OF THE PROPOSED CLARK ROAD RIGHT-OF-WAY AS IT ABUTS THIS PARCEL, SHALL DE CREDITED AGAINST ANY TRANSPORTATION IMPACT FEES IMPOSED BY ,THE CTTY WHICH THE DEVELOPER WOULD OTHERWISE BE REQUIRED TO PAY 4_ . THE SILVER GLEN BOULEVARD EVARD INTERSECTION WITH SILVER STAR ROAD:_ SHALL BE PROVIDED WITH APPROPRIATE BY-PASS , STORAGE, ACCELERATION AND DECELERATION LANES APPROXIMATELY AS SHOWN • ON SSHIEET 6 AND AS REQUIRED BY THE CITY ENGINEER, ORANGE COUNTY ENGINEERING , AND FLORIDA DEPARTMENT OF TRANSPORTATION. DIRECT ACCESS TO THE COMMERCIAL TRACT SHALL BE PERMITTED -TD_._' . • -'-- jTIT Nr_ ATPOINT APPROXIMATELY FIVE HUNDRED r="iZ STAR ROAD A r (550 ' ) FEET FROM THE C ENTRrTNE OF CLARK ROAD AND TO CLARK"" 'ROAD AT A 'POINT APPROXIMA Y FOUR HUNDRED ( 400 '.) FES iROW Tz'T, T2 'ROAD. APPROI RIATE B`Y=PASS , - "THE 'CENTERLINEOr SILVER STA STORAGE, ACCELERATION AND DE - PDC •N LANES SHALL BE _ - - -- -PROVIDED AT THESE LOCATIONS. THESE IMPROVEMENTS SHALL CONDITIONS OF THE COMMERCIAL RCIAI, TRACT SITE DEVELOPMENT ='IAN• SCREEN WALLS SHALL IBE :PROVIDED AT TILE REAR OF ALL-- 1.-::77::-RESIDENTIAL aT T.--..-_ ..-RESIDEN'PIAL LOTS WHICH ABUT -SEINER STAR ROAD AND CLARK Ri D1 ? . . ALL ACCESS RIGHTS TO -THESE ROADS SHALL BE DEDICATED TO -IME =:r- — - CTTY OF OCO EF EXCEPT AT PPROVED =N'TERSE CIONS . -. '7.. ALL TYPICAL SUBDIVISION CONSTRUCTION STANDARDS AND -- -REGULATIONS 'SHALL BE ADHERED = SY THE DEVELOPER. oR4357 FG4677 S . THE SUBDIVISION CONFORMS TO R-1 -A ZONING WITH THE FOLLOWING EXCEPTIONS : VARI2NCES FROM R-1_A ZONING THIS PROJECT R-1-T, A . MINIMUM LOT AREA == 6 , 500 S . F. 8 , 000 S . F. B. SETBACK FROM SIDE STREET w: 25 FEET* 25 FEET C. MINIMUM LOT WIDTH AT - 60 FEET 70 FEET FRONT SETBACK LINE *FIFTEEN (15 ' ) FOOT SETBACK ONLY APPLIES TO CORNER LOTS IIAV1 NG COMMON REAR LOT LINES . A MINIMUM OF TWO OFFSTREET PARKING SPACES PER RESIDENTIAL UNIT SHALL BE PROVIDED BEHIND THE FRONT YARD SETBACK LINE . DEED RESTRICTIONS SHALL LIMIT PARKING IN THE FRONT YARD TO TWO VEHICLES (AUTOS AND LIGHT DUTY PICKUP TRUCKS ONLY) SITUATED ON A PAVED SURFACE. BOATS , TRAILERS , AND CAMPERS SHALL BE RESTRICTED TO REAR YARDS ONLY . PROPOSE() LOT DIMENSIONS -- ------�.._.. _ SECTION A SECTION B MINIMUM LOT SIZE 6 , 500 SF 8, 500 SF MINIMUM LOT WIDTH 60 75 TYPICAL LOT SIZE 60 X 110 80 X 125 FRONT YARD SETBACK 25 25 REAR YARD SETBACK 25 25 SIDE YARD SETBACK 6 7 . 5 9 . THE MINIMUM SQUARE FOOTAGE OF LIVING UNITS S. .1 BE AT LEAST TWELVE HUNDRED SQUARE FEET ( 1, 200 S . F. ) . 10 . POTABLE WATER SERVICE AND SANITARY SEWER SERVICE WILL BE PROVIDED BY THE CITY OF OCOEE UTILITIES IN ACCORDANCE WITH CITY 1U GUI,ATIONS AND IN ACCORDANCE WITH DEVELOPER' S AGREEMENT. • OR4357 PG4678 11 . THE DEVELOPER SHALL DEDICATE THE AREA NORTH AND WEST OF THE RETENTION POND (INCLUDING IJ.KE) AS SHOWN ON SHEET 2 OF FINAL MASTER PLAN TO THE CITY FOR USE AS A PARK. 12 . THE STORMWATER MANAGEMENT REQUIREMENTS FOR THIS PROJECT ARE AS FOLLOWS : A. COMPLETE RETENTION OF THE RUNOFF FROM A 100 YEAR 24 HOUR STbRM. B. THE POND SHALL BE DESIGNED TO EVACUATE FIFTY (50) PERCENT OF THE RETENTION VOLUME. WITHIN A 96 HOUR TIME -- - - - -PERIOD. THE REMAINING FIFTY PERCENT WILL 'BE-EVACUATED-- WITHIN AN ADDITIONAL 240 HOUR TIME PERIOD. ALL STORMWATER VOLUME IN EXCESS OF THE -POLLUTION ABATEMENT VOLUME WILL' BE EVACUATED THROUGH A POSITIVE NON- FILTERING DISCHARGE STRUCTURE. 13 THE DEVELOPER SHALL CONTRIBUTE TO TIIE CITY ONE-QUARTER ( 1/4 ) OF THE COST OF SIGNALIZATION FOR' THE INTERSECTION OF CLARK ROAD AND SILVER STAR ROAD AT THE TIME BUILDING PERMITS ARE ISSUED FOR THE COMMERCIAL TRACT . 14 . A HOMEOWNERS ' ASSOCIATION SHALL BE CREATED TO MAINTAIN ALL WALLS , COMMON AREAS , AND LANDSCAPING . ALL DETENTION PONDS SHALL BE DEDICATED TO AND MAINTAINED BY THE CITY USING A ' SPECIAL TAXING DISTRICT AS ESTABLISHED BY THE CITY OF OCOEE. IMPROVEMENTS TO BE INSTALLED IN THE DETENTION AREAS TO AID MAINTENANCE WILL BE PER THE DEVELOPER' S AGREEMENT. 15 . ALL LOTS ABUTTING R-1-A ZONED PROPERTY ALONG THE WESTERLY PERIMETER OF THE DEVELOPMENT SHALL CONFORM TO STANDARD R-1--A ZONING REQUIREMENTS TO BUFFER THE PROJECT FROM SURROUNDING DEVELOPMENTS. 16. A FOUR (4 ' ) FOOT WIDE SIDEWALK ALONG SILVER GLEN BOULEVARD (THE ENTRY BOULEVARD) WILL BE BUILT BY THE DEVELOPER. A FIVE (5 ' ) FOOT SIDEWALK ON THE NORTH SIDE OF SILVER STAR ROAD ABUTTING THE RESIDENTIAL SECTION OF THE PROPERTY WILL ALSO BE BUILT BY THE DEVELOPER. THE SIDEWALKABUTTING THE .COMMERCIAL PROPERTY W1LL BE CONSTRUCTED IN CONJUNCTION WITH TfE''_DEVELOPMENT OFTIIE COMMERCIAL PROPERTY . OR4357 PG4679 17 . SHOULD ANY IMPAC:' FEES BE ENACTED DURING THE O , DEVELOPMEN ET OF THE PROJECT 1NCLUDING , BUT NOT LIMITED TO, WATER, OR TRANSPORTATION , THE DEVELOPER OR SUBSEQUENT INDIVIDUAL BUILDERS SHALL PAY THE APPROPRIATE FEES ; HOWEVER, CREDIT WILL BE GIVEN BACK FOR ANY OFF-SITE IMPROVEMENTS REQUIRED UNDER THIS PRELIMINARY MASTER PLAN APPROVAL WHICH EXCEED THE PARAMETERS FOR ALLOCATION OF IMPACT FEE MONIES ATTRIBUTABLE TO PUBLIC IMPROVEMENTS PROVIDED BEYOND A PRORATA SHARE, BASED UPON FORMULAE CONTAINED IN THE APPROPRIATE IMPACT FEE ORDINANCES . 18 . A DEVELOPER' S AGREEMENT BETWEEN THE DEVELOPER AND THE CITY OF OCOEE SHALL BE EXECUTED PRIOR TO FINAL MASTER PI..AN APPROVAL. 19 . FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION IIAS DETERMINED) THE APPROXIMATE AREA SHOWN ON SHEET 2 TO BE ENVIRONMENTALLY SENSITIVE AREA. TF NO WORK 15 PERFORMED IN THIS AREA NO DREDGE AND FILL PERMIT WILL BE REQUIRED. 20 . THE ST. JOHN ' S RIVER WATER MANAGEMENT DISTRICT WILL REQUIRE - --A MANAGEMENT AND STORAGE OF SURFACE WATERS- PERMIT. 21. PROVISIONS WILL BE MADE AT TIIE TIME OF APPROVAL OF THE COMMERCIAL TRACT SITE FOR SCREENING THE ADJOINING RESIDENTIAL AREAS USING A SIX (6 ' ) FOOT MASONRY WALL. 2'27 THE DEVELOPER WILL COMPLY WITH THE GUIDELINES SET FORTH IN THE ARBOR ORDINANCE. 23 . NO ALLOWANCE FOR STORMWATER EVACUATION FROM THE COMMERCIAL OUTPARCEL HAS BEEN PROVIDED THROUGH THIS PROJECT . HOWEVER, AN 18 INCH PIPE HAS LEEN STUBBED OUT TO PROVIDE FOR AN EMER^ENCY OVERFLOW. 24 . LOCATION OF ENTRANCE PROM CLARK ROAD IS APPROXIMATE PER ORIGINAL APPROVAL. CITY COMMISSION IIAS INDICATED A DESIRE TO MOVE ENTRANCE NORTHWARD. DEVELOPER WILL COORDINATE TIIE 'FINAL LOCATION OF THE CLARK ROAD ENTRANCE WITH DOT, CITY STAFF, AND CITY 'S CONSULTING ENGINEER. RECOROE ��y�, ,ZtCOunty QEC RO'ERTIE0 PbQfltr, Qran9e Co., _ oR4 3 5 7 PG 68 0 FOLEY & LARDNER III NORTH ORANGE AVENUE.SUITE 1800 POST OFFICE BOX 2193 ORLANDO. FLORIDA 32B02-2I9a *'•'•-" TELEPHONE 14071 423-7656"`•.".4I" - - 115;A MEMBER OF GLOBALEX JACKSONVILLE. FLORIDA — ',..?I''•1:- '• • _ • ei WITH MEMBER OFFICES IN il�� TALLAHASSEE. FLORIDA FACSIMILE • 1a071 646-17x3 • ,„ ,.•..,._.. ---- :I TAMPA. FLORIDA ;'4r•I .y ` LONDON. ENGLAND WEST PALM BEACH. FLORIDA :01 , 444- FRANCE � ,� ., f:Y i\mil • 1 BERLIN.PARIS. FRANCE MILWAUKEE. WISCONSINO .. MADISON. WISCONSIN 11'?- CHICAGO. ' '�L =�' STUTTGART, GERMANY CHICAGO. ILLINOIS ��.- DRESDEN, GERMANY WASHINGTON. D.C. � SINGAPORE ALEXANDRIA. VIRGINIA ��.+ ryr /�� �� TAIPEI, TAIWAN ANNAPOLIS. MARYLAND �+ ' �F :r.r��L. MEMORANDUM TO: Bruce Behrens, Planning Director FROM: Paul E. Rosenthal, Esq. , City Attorney ((_, DATE: November 13 , 1992 RE: Albertsons Shopping Center/Activity Center Requirements This memorandum is to confirm our telephone conversation ' regarding the procedures applicable to the review of the development plans for the proposed Albertsons Shopping Center. The City is in receipt of a preliminary subdivision plan and has reviewed such plan based upon the applicable requirements for a. C-2 zoning district. The developer has requested additional flexibility, specifically with respect to setback requirements. Generally, the Land Development Code does not have a procedure -for granting special exceptions or waivers from the setback requirements in a C-2 zoning district. However, since the subject property is located in an area designated as an Activity Center the City has increased flexibility without the necessity of requiring that the property be rezoned to a PUD or other zoning classification. Section 5-3 .b(18) of the Land Development Code establishes Activity Centers and specifically designates the intersection of Clarke Road and Silver Star Road as an Activity Center. The Code provides as follows: "Traditional zoning categories will not be utilized for Activity Centers. Flexible setback allowances and increased floor area ratios are two mechanisms that will be considered within the Activity Center plans and such development will be processed as PUD' s. " (emphasis added) The Ocoee Comprehensive Plan also calls for Activity Centers and designates the intersection of Clarke Road and Silver Star Road as 4 \. A n S'Y E A R S)_; 0JV gin; ; an Activity Center. In our opinion,...the Ocoee. Comprehensive Plan as implemented by Section 5-3.B(18) of the. Land Development Code ..allows for the Albertsons Shopping Center project to be "processed as a PUD" without the necessity of a rezoning. The City should Took to the requirements applicable to planned commercial centers and C-2 zoning districts in order to determine the applicable development standards; however, waivers from the requirements of a planned commercial center and a C-2 zoning district may be granted in accordance with the procedures established for a Planned Unit Development. Accordingly,._ the .. Albertsons , Shopping Center should be processed as a planned commercial center under the procedures set forth in Section 4-5 of the Land Development Code notwithstanding its zoning classification within a C-2 zoning district. The developer must meet the requirements of Section 4-5 of . the Land Development Code with respect to a land use plan, preliminary subdivision plan and final subdivision plan. Under these circumstances, the City may (but is not required to) allow the land use plan and the preliminary subdivision plan to be combined into a single submittal provided that all of the information required by Section 4-5 is provided to the City in connection therewith. The proposed plans would be subject to the provisions of Section 4-5.K and 4-5.M of the Ocoee Land Development Code; however, waivers may be requested from these provisions. If you require any further information, please do let me know. cc: Mr. Ellis Shapiro, City Manager David P. Barker, Esq. Igal Knobler, Esq. -2- ■ TRYCON Member of the International Council of Shopping Centers February 22 , 1993 - f ' . F_:�t2 _ ,t : .jit Mr. Bruce Behrens Director of Planning =�� C` ��U= City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Albertsons Shopping Center Ocoee, FL / Set-Back Deviation Request Dear Mr. Behrens: Per your request, please allow this letter to act as a clarification for the request to reduce the 50 foot set-back on Lot fl adjacent to Clarke Road and Lot #3 adjacent to Silver Star Road. The Clarke Road condition developed during the design of the off- site improvements for access into the project. A_ decel _lane and taper was required by the City and in order to- accomplish-that, we must dedicate additional right-of-way to the City and purchase additional land and dedicate that to the City from the property to the north along Clarke Road. By supplying the additional turn lane we have lost approximately 10 feet of land, and therein lies the reason for the request from 50 feet to 40 feet. With respect to Lot #3 , during our sit down with the City "staff on Wednesday, January 27 , 1993 , it was agreed that the access to Lot #3 would be moved further north and that we would be allowed to push the building 10 feet closer to Silver Star Road to accommodate parking and circulation for that parcel 's use. It was our understanding at that meeting that between the City Engineer, Jim Shira and yourself, that this would be acceptable. I hope the explanation for the above deviation request is satisfactory to you, and if I can be of any further assistance, do not hesitate to contact me. Sincerely, (47\._ . its o cc: Frank J. Cannon, CS Associates Don Flippen, Building Official Ron Henson, Design Service Group 2180 West State Road 434 •Suite 6184 •Longwood,Florida 32779•(407)774-5858•Fax (407)774-5918 The Orlando Sentinel,Sunday,February 28,1993 NOTICE OF PUBLIC HEARING- CRY OF OCOEE NOTICE IS HEREBY GIVEN,that the Phoning ande will hold a Public Zoning Commissionoftheon OM co 9,arch 1993 their regular sehsd need meeting, and the Board of City Commissioners will hold a Public Hear- irg on March 16,1993 at their regular scheduled meeting.Both meetings will be held at 7:30 p.m.,or as soon ther- eafter as possible. In the Community Center, located at 125 N. Lakeshore Drive, Ocoee. Florida to consider ap- proving ALBERTSON'S SHOPPING CENTER, Land Use Plan/Preliminary Subdivision Plans. The legal description and site location is as follows:A 11.712 acres more or les6 portion of Section 16, Township 22, Range 28 and being subject to any Right-of Way or Easements of Record A lengthy metes-and-bounds legal — description is available for the Planning Department, 150 e - shore.Drive.Ocoee,Florida.The site is located on the northwest corner of Sik vCopies of the er Star and Clarke Roads.may be exalt; fined in the Planum rig DeDepartment of� Halt between the hours of 840 am. and 5:00 p.m.,Monday through Friday; or phone 858-7489. Interested patties may appear at the hearings andbe heny perso whoon redeem toesire the prodar* sion made during the public hewing, need a record of the Ing(s) end for this purpose will need to ensure that a verbatim record of the proceed. ing(s)is made which includes ther testi. mony end evidence upon which the ap- peal ra ' Jew GCitytim rFeb OLS2086038 Feb 1999: