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HomeMy WebLinkAboutVI (D) Avanti/West Groves, Preliminary Subdivison Plan, Project No. LS-00-002 Agenda 6-05-2001 Item VI D "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S. SCOFF VANDERORIFT 0\ CITY OF OCOEE w p COMMISSIONERS R'j > a DANNY HOW ELL p, 150 N. LARIDA 347 DRIVE SCOTT ANDERSON OCOEE, FLORIDA 34761-2258 p. RUSTY JOFMSON Eye `.:500 (407)905-3100 NANCY J.PARKER fe Of 0000 N` CITY MANAGER JIM GLEASON STAFF REPORT DATE: May 24, 2001 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner n / THROUGH: Russ Wagner, AICP, Director of Planning e1H/9� SUBJECT: Avanti /West Groves Preliminary Subdivision Plan Project No. LS-2000-002 ISSUE: Should the Mayor and City Commissioners approve the Preliminary Subdivision Plan for the Avanti /West Groves subdivision (total area of 383.1 acres)? BACKGROUND: The Avanti /West Groves subdivision is comprised of a private gated residential community with a total of 512 single family lots to be constructed in five phases. There will also be two additional parcels set aside for commercial and multifamily development in the southeastern portion of the site. The property is located on the eastern shore of Lake Apopka, west of Ocoee Apopka Road (CR 437), just north of the Western Beltway. Most of the subject property is currently occupied by orange groves, but there are a few existing structures in the southeast corner of the site near Ocoee Apopka Road. There are also a significant amount of wetlands (total of 58 acres) along Lake Apopka, as well as along the southern and northeastern boundaries of the property. The southern edge of the subject property abuts the northern boundary of the large tract of land commonly known as the "Coke Property'. Most of the subject property has R-1-AA zoning (336.4 acres), except for the southeastern portion of the site which has a combination of C-2 (23.0 acres) and R-3 zoning (23.7 acres). The property surrounding the proposed subdivision has R-1-AA zoning (north and east — undeveloped) and Orange County A-2 zoning (south - undeveloped). A rezoning application has been submitted concurrently with the Preliminary Subdivision Plan in order to make minor changes to the boundaries of the areas zoned C-2 and R-3 to conform with the boundaries shown on the subdivision plan. POW ( � May 24, 2001 Honorable Mayor and City Commissioners Page 2 DISCUSSION: General Project Description: As shown in the Preliminary Subdivision Plan, the Avanti /West Groves subdivision provides for the extension of West Road on the west side of Ocoee Apopka Road (CR 437), in a curved alignment extending southward to the northern edge of the "Coke Property'. The West Road Extension will run along the rear of the parcel zoned C-2, separating it from the residential areas. Access to the parcels zoned C-2 and R-3 will be provided from Ocoee Apopka Road and from the West Road Extension. The main entrance to the much larger single family area will be from the West Road Extension. The large single family area will have two points of access, the main entrance from the West Road Extension and a fully operational secondary entrance near the north end of the site from Ocoee Apopka Road. There will also be an additional point of pedestrian access connecting to adjacent property to the east. As with other subdivisions, there will be a 6 foot wall with appropriate landscaping along the boundary of the subdivision adjacent to the West Road Extension. There is also a Condition of Approval which requires a 6 foot wall between the future development on the parcel zoned R-3 and the adjacent single family areas, if the parcel zoned R-3 is developed with a multi-family use (COA 17). The R-1-AA zoning over most of the property will dictate a minimum lot width of 75 feet and a minimum lot size of 9,000 square feet. However, the Developer intends to provide a mixture of lot sizes within the subdivision. A large number of the lots will be larger than this minimum size, including several lots that will be nearly a half-acre in size. The main spine road running through the Avanti / West Groves subdivision is called West Groves Boulevard. Along most of the length of this Boulevard there will be landscaped medians and 6 foot buffer walls on both sides of the road. Each 'village' along this portion of West Groves Boulevard will have its own landscaped entrance feature. For bicyclists and pedestrians, there will be an 8 foot sidewalk along one side of this Boulevard. Other recreation amenities in the project include a 6+ acre Community Park with a clubhouse / community room with a vehicle parking area, a boardwalk and pier out into the lake with a shade structure, as well as ball fields and other active recreation amenities. There will also be an 8 foot bicycle / pedestrian nature trail running essentially the entire length of the project along the shore of Lake Apopka. Unique Issues: Wetlands There are approximately 58 acres of wetlands on the subject property, mostly around the perimeter of the site. More than 50 acres of wetlands will be preserved, untouched by the proposed development and dedicated to the City. These areas abut Lake Apopka and extend along the drainage ways on the south and east side of the project. A few acres of wetlands will be impacted by the proposed development. These wetlands are mostly small isolated wetlands or degraded wetlands that have been invaded by nuisance / exotic vegetation. Less than one acre of natural wetlands will be impacted, primarily by the construction of the northern entrance road to provide access to the north end of the subdivision from Ocoee Apopka Road. In most cases, the Land Development Code does not allow development within wetlands. The only exceptions have generally been for the construction of essential road and utility improvements. This exception would apply to the natural wetlands impacted by the construction May 24, 2001 Honorable Mayor and City Commissioners Page 3 of the northern entrance road providing an essential secondary access point to the north end of the subdivision. However, since other development within wetlands, even low quality wetlands, has generally not been permitted by the Code, this proposed development presents a unique issue. The proposed development, as currently designed, will impact low quality wetlands with the construction of retention ponds. The project engineer has indicated that the proposed retention ponds built in low quality wetland areas will actually enhance those wetlands, restoring their natural function. He has indicated that the St. Johns River Water Management District as conceptually agreed to this proposal. Staff has told the Developer that they are very concerned about this proposal, since it has not been done before in the City and is technically not permitted by the Code. However, Staff will consider this proposal, if the SJRWMD confirms that this proposal will actually enhance the wetlands and restore their natural function. Even then, it is an important policy issue for the City Commission and will require a waiver from the Code requirements. The Conditions of Approval in the PSP address this issue, indicating that if the City's concerns are not satisfied, the subdivision will have to be redesigned to avoid these wetland impacts {COA 29(c)(iii)). Northern Entrance The subdivision plan provides for a fully operational secondary access at the north end of the subdivision with an extension of West Groves Boulevard eastward to Ocoee Apopka Road, to be constructed with the later phases of the development. The Plan shows two potential routes across the wetland area — Option 'A' and Option 'B'. The Developer would prefer to use Option 'A' because it has less wetland impact. However, that option is dependent on coordination with the development plan for the adjacent Battaglia property. The Developer could use Option 'B', since he controls all the property needed to construct that option, but it would require significantly more wetland impacts. Staff has agreed to work with the developer of the Battaglia property when development plans are submitted in order to help facilitate the alignment of the road through that project with Option 'A' as shown on this subdivision plan. Another issue related to the construction of the northern entrance road is timing —when will it be built and who will build it, since three different developments will be benefited by that road. The right-of-way property for the road is controlled by the Avanti /West Groves Developer, except for the portion of the Option 'A' alignment on the adjacent Battaglia property. However, future developments on the Battaglia property and the adjacent property to the north will also benefit from this new access road leading to Ocoee Apopka Road. The Avanti / West Groves Developer has agreed to dedicate the right-of-way property for the road to the City, as long as most of the road could be constructed by developers of the adjacent properties if they are developed before the later phases of this subdivision. If the road has not been constructed before it is needed by the later phases of this subdivision, then this Developer will construct the road. 100-Year Flood Plain A third unique issue is the fact that some of the proposed development in the final phase of the subdivision (several lots and portions of a road) encroaches upon the current 100 year flood plain as shown on the FEMA map. If the flood plan as currently shown is used when that area is developed, this subdivision plan as currently presented could not be approved because it would not be permitted by the Ocoee Comprehensive Plan. However, the Project Engineer believes that the flood plain as currently shown on the FEMA map is not shown correctly. The Conditions May 24, 2001 Honorable Mayor and City Commissioners Page 4 of Approval in the PSP address this issue, indicating that the Developer will submit an application to have the FEMA map changed and stating that if the map is not changed, the Preliminary Subdivision Plan will have to be revised prior to submittal of the Final Subdivision Plan for the final phase (COA 29(c)(ii)}. West Road Extension The Avanti /West Groves PSP shows an extension of West Road from the west side of Ocoee Apopka Road in a curved alignment around the parcel zoned C-2, southward to the northern boundary of the Coke Property. The Conditions of Approval indicate that the Developer will dedicate all of the 120' road right-of-way for the West Road Extension, but he will not construct all of the road and utilities within the right-of-way. The Developer of the Avanti / West Groves subdivision and the developers of the parcels zoned C-2 and R-3 will be responsible for constructing the road and utilities, in phases, between Ocoee Apopka Road and the main entrance to the single family subdivision. However, the remaining portion of the road leading from the single family main entrance south to the northern boundary of the Coke Property will be constructed by who ever develops the Coke Property. (The City Engineer estimates the cost of constructing the remaining portion of the road and related improvements to be $50,000 as a two lane road and $100,000 as a four lane road). Ocoee Apopka Road Improvements Other road improvements that will be done in conjunction with the West Road Extension will be the realignment of West Road east of Ocoee Apopka Road, to line up with the West Road Extension on the west side of Ocoee Apopka Road, as well as turn lane and other intersection improvements on Ocoee Apopka Road at this intersection. Orange County will soon begin construction of its Clarcona Ocoee Road widening project which will terminate at its west end with this realignment of West Road at its intersection with Ocoee Apopka Road. Orange County will provide some intersection improvements with the West Road realignment. In conjunction with Orange County's project, the City will make arrangements and be responsible for any remaining turn lanes and improvements not covered by the Orange County project. (The City Engineer estimates the cost of constructing the remaining improvements to be $100,000 to $150,000). It is intended that all the West Road realignment and intersection improvements at Ocoee Apopka Road will be constructed along with the first phase of the West Road Extension west of Ocoee Apopka Road, which is to be constructed with the first phase of the Avanti /West Groves subdivision. Waivers from Code Requirements: This Preliminary Subdivision Plan includes three proposed waivers from certain Land Development Code requirements. The first waiver is related to the maximum block length of 1,000 feet, which is being requested because there is a loop road within one of the villages that is up to 1,650 feet long. The second waiver is related to the maximum building coverage on a lot (35%). The Developer is requesting a maximum of 40% lot coverage with a larger minimum living area requirement. The third waiver is related to the limitation on development within wetlands. Most of the wetlands on the site are being preserved, but they are proposing to construct stormwater management areas within some of the wetlands that have been degraded over time by nuisance / exotic vegetation. Their stormwater management improvements proposed are intended to enhance those wetlands and restore them back to their normal function. All three of these proposed waivers are supported by Staff. May 24, 2001 Honorable Mayor and City Commissioners Page 5 Development Review Committee: The Preliminary Subdivision Plan for the Avanti / West Groves subdivision was reviewed by the Development Review Committee (DRC) on April 16, 2001. The Committee voted unanimously to recommend approval of the Preliminary Subdivision Plan, including the proposed waivers, subject to making certain revisions to the plans and to the Conditions of Approval as discussed and agreed to at that meeting. Most of the DRC requirements have now been satisfactorily addressed in these plans and the attached document titled Additional Conditions of Approval Related to Development Agreement Provisions to be Added to Conditions of Approval (5/2/01). The recommended conditions listed below will bring the plans into compliance with all of the requirements recommended by the DRC. PLANNING &ZONING COMMISSION RECOMMENDATION: On May 8, 2001, the Planning and Zoning Commission considered the proposed Preliminary Subdivision Plan for the Avanti / West Groves subdivision. The Staff, the Developer and his consultants provided a detailed presentation describing the project and the most important issues. During the discussion, the Commission asked a variety of questions issues, regarding wetland impacts and traffic impacts. When the discussion was finished, the Planning and Zoning Commission voted 7-0 (with two abstaining) to recommend approval of the proposed Preliminary Subdivision Plan in accordance with the Staff recommendation (minutes attached). STAFF RECOMMENDATION: Based on the recommendations of the Planning and Zoning Commission and the DRC, Staff respectfully recommends that the Mayor and City Commissioners approve the Preliminary Subdivision Plan for the Avanti / West Groves subdivision, including the proposed waivers, as date stamped received by the City on May 2, 2001, subject to the following conditions: 1) That the attached document titledAdditiona/ Conditions of Approval Related to Development Agreement Provisions to be Added to Conditions of Approval (5/2/01) shall be included on Sheet 3d of the Plan set under that title. 2) That the design of West Groves Boulevard at the northern entrance gate on the eastern edge of Phases 4 and 5 shall be revised to graphically show three lanes (two lanes in and one lane out) with an adequate vehicle turnaround to provide for a fully operational secondary access to the entire subdivision. 3) That all the remaining issues identified in the memo from Scott Cookson (Assistant City Attorney) dated May 3, 2001 shall be satisfactorily addressed as soon as possible following City Commission approval of the PSP. 4) That a Development Agreement incorporating all of the proposed Conditions of Approval and Additional Conditions of Approval as attached and amended by the City Attorney be executed by the developer and said Conditions of Approval be incorporated within the Preliminary Subdivision Plan. Attachments: Copy of Public Hearing Advertisement Document titled Additional Conditions of Approval Related to Development Agreement Provisions to be Added to Conditions of Approval(5/2/01). Memo from Scott Cookson(Assistant City Attorney)dated May 3,2001 Avanti/West Groves Preliminary Subdivision Plan,date stamped May 2,2001 May 8,2001 Planning and Zoning Commission Minutes for this agenda item(will be provided prior to the meeting) (LACALEXANDERVALL_DATAACAPDFILEAStan Reports\SR2001A SRO 1029 CC.doe Orlando Sentinel THURSDAY, MAY 24,2001 NOTICE OF PUBLIC HEARING CITY OF OCOEE NOTICE IS HERGBY GIVEN. That the OCOEE CITY COMMISSION will holday,w'une PUBLIC 2001 Eat� r lneian regular or hl5 0. oras soon Thereafter ulble In Ine Corn. miISO hor r North Chambers,n Ocoee Orive,Occee, Preliminary Subdivision ir sion approval of for AV To westside APook GROVES of site �0. coped on coeeRood (CR aPL I1 mile north of ectioln of C Cross and west the er, The complete lmiect ine,in udin a legal or subject coety, e be Inspected at the Planning Deportment, ISO therrhou atxe'n8.00 a.m and 5.00 c .Monday torauph Fnaoy,e eai legal holidays. continue the public heoriry to other dares .Any interested party sho'i and a aces of civthec nIlluation`al this or continued'public hearings shod be announced during the hear. ing and thot no further notices re• gardine he ter Hi be pub. Interested o at the public heareng and be heardr with respect to the oponcalica ny who desires to a decision mode during she`s any hearing will need a record of me proce eedd to ensu for verbatim may of fee proceecingm is mode recordich includes tho a and evidence upon which the Ceeeoi is osed. Persons with aoomuves needing assistance to oarncioae in any of the proceedings should cam pact the City Cf•rk's of/Ice fG haurs ins advance of the muting at uarl JEAN GRAFTON,CITY CLERK, CITY OF OCOEE OL5 L590AIS May 14 2001 n H. fi 1(7 iI-: MAY - 3 33 ADDITIONAL CONDITIONS OF APPROVAL RELATED TO DEVELOPMENT AGREEMENT PROVISIONS TO BE ADDED TO - CONDITIONS OF APPROVAL: (5/2/01) 7 1. Publicly Dedicated Improvements. The Developer will, at the Developer's expense, undertake and complete the following improvements in accordance with the Final Subdivision Plan as approved by the Ocoee City Commission (the "FSP"), which FSP will be consistent with the off-site improvements as shown and depicted on the Preliminary Subdivision Plan as approved by the Ocoee City Commission ("PSP"). All such improvements shall be completed by the times indicated: PUBLICLY DEDICATED IMPROVEMENTS: COMMENCEMENT TIME FRAME (a) Tract W-1 (West Road Extension (Phase See Paragraph 6_ 1)) (dedicated to City of Ocoee) (b) Tract W (West Groves Boulevard (Public)) See Paragraph 6 (dedicated to City of Ocoee) (c) Water and Sewer Improvements pursuant to See Paragraph the Agreement between Developer and Orange County, dated August 29, 2000 ("Water and Sewer Improvements") Prior to issuance of first (dedicated or conveyed to Orange County) building permit 2. Tract W. The Developer shall dedicate and convey Tract W to the City for public right-of-way purposes. The dedication and conveyance of Tract W will be subject to the following conditions: a. The Developer, and its successors and assigns, shall have the right to construct a publicly dedicated roadway and related utility improvements on Tract W, such roadway and utility improvements to be in accordance with the FSP, which FSP DATE- 05/03/01 006.214500.5 will be consistent with the PSP. The Developer will provide the City with at least sixty (60) days notice prior to the commencement of construction of any roadway and/or utility improvements within Tract W. Following receipt of such notice, the City may request that the Developer provide an estimate of the cost of oversizing the utility improvements within Tract W beyond the sizing set forth in the FSP. Within forty (40) days of receipt of such estimate the City will advise the Developer if it desires to have all or a portion of the utility improvements oversized within Tract W. If the Developer constructs the roadway and related utility improvements within Tract W or installs any utility improvements within Tract W prior to construction of the roadway, then at the time of any such construction, the City may require the Developer to oversize utility improvements within Tract W, in which event the City shall, within thirty (30) days of completion of the roadway and acceptance thereof by the City (or if only utility improvements are installed, acceptance thereof by the County) and receipt of an invoice accompanied by supporting documentation, reimburse the Developer for the actual cost incurred by the Developer to oversize the utility improvements within Tract W, not to exceed the estimated cost thereof provided by Developer to City as aforesaid. The City and Developer acknowledge that the publicly dedicated roadway within Tract W will be known as West Groves Boulevard and will connect without gap or overlap to the private roadway referred to as West Groves Boulevard (Phase 4) (such connection to be via the options set forth in Paragraph 2. 2 006214500.5 b. The Developer shall be entitled to access to and through Tract W for all utility lines and road extension requirements to service the development on the Property, all in accordance with final plans approved by the City and subject to the above-referenced provisions regarding the oversizing of utilities. c. In the event another developer, property owner or the City, constructs roads, utilities, or CR 437 intersection improvements within Tract W, then the City shall cause such improvements to be designed and constructed in accordance with the FSP, which FSP shall be consistent with the PSP. To the extent the final plans for Tract W to be constructed by others deviates from the FSP, the City agrees to submit such plans to the Developer for input, which input shall be considered in good faith by the City, prior to the City's final approval of any such plans and commencement of construction of improvements on Tract W by others. The Developer shall be entitled to fifteen (15) days to review and provide input prior to the City's final approval. Further, to the extent West Groves Boulevard is extended as a public or private roadway west through the adjacent "Battaglia Property" in accordance with Option A as shown on the FSP, which FSP shall be consistent with the PSP, so as to connect at the eastern edges of Villages C-3/C-4, the City also agrees to submit such plans to the Developer for review and input as aforesaid. d. In the event roadway and related utility improvements are constructed on Tract W by the City, another developer or property owner, then such improvements shall be publicly dedicated and the Developer will have the right of access to 3 006 214500.5 and use of such improvements, and shall not be subject to any cost or assessment of fees in connection with such use, except for normal permitting fees, if any. e. In the event (1) construction of the roadway on Tract W is not commenced within seven (7) years of the recording of the first plat for any portion of the Property, and (2) the Developer has not yet commenced construction of West Groves Boulevard (Phase 4), then the Developer will commence and timely complete construction of the roadway on Tract W within thirty (30) months of that date. As security for performance of such obligation, seven (7) years after recording of the first plat for any portion of the Property the Developer shall deliver to the City a letter of credit, or other acceptable security, all in a form acceptable to the City, in an amount sufficient to provide the City with the ability to construct the roadway and related utility improvements within Tract W, all at the Developer's expense. f. If the roadway and related utility improvements within Tract W have not been constructed at the time the Developer commences construction of West Groves Boulevard (Phase 4), then the roadway and related utility improvements within Tract W shall be constructed by the Developer as part of West Groves Boulevard (Phase 4). It is the intention of the City and Developer that the public and private portions of West Groves Boulevard will be constructed no later than (i) at the time of development of Villages C-3/C-4, or (ii) 114 months from the recording of the first plat for any portion of the Property, whichever 4 006.214500.5 first occurs, so that West Groves Boulevard will provide a connection for the Development from CR 437. g. In the event the Developer constructs the roadway within Tract W as required in connection with the development of Villages C-3/C-4, then the Developer shall be required to install within Tract W and the portion of West Groves Boulevard extending from Tract W to the eastern end of West Groves Boulevard at the eastern edge of Villages C-3/C-4 only the minimum facilities (consistent with City codes) necessary to provide a continuous connection from CR 437 to the eastern end of West Groves Boulevard at the eastern edge of Villages C-3/C-4. Such minimum facilities shall include a paved road consisting of two (2) 12' drive lanes designed as an urban section, with a minimal left turn lane requirement leading to CR 437 and a minimal left turn intersection improvement at CR 437, all as shown on the "typical section" to be set forth in the FSP, which typical section will be consistent with the PSP. 3. Tract W-1 and Tract W-3. The Developer shall dedicate and convey to the City Tract W-1 and Tract W-3 which together equal an area approximately 1800 ft. long by 120 ft. wide, and which tracts are depicted on Drawing 4 of the PSP. 4. CR 437 Intersection Improvements. The City will make arrangements to design, engineer, permit and construct all required intersection improvements located within the CR 437 right-of-way at the intersection of CR 437 and Tract W-1, including, but not limited to, turn lanes, deceleration and acceleration lanes, paving, drainage, and other required intersection improvements, all at no cost or expense to the Developer. Such 5 006.214500.5 intersection improvements are depicted on Drawing 4 of the Preliminary Subdivision Plan. Following completion by Developer of the first phase of improvements within Tract W-1, the City shall thereafter always provide for a connection for vehicular and pedestrian ingress and egress between the Tract W-1 and CR 437 (thereby always providing vehicular and pedestrian access between the Project and CR 437). The City shall cause the above-described intersection improvements to be completed no later than the date of completion of the improvements being constructed by Orange County for the West Road connection to CR 437 on the east side of the CR 437 right-of-way. The City may elect to have said intersection improvements incorporated into the aforesaid County project and shall not be required to construct such improvements at an earlier date. The Developer will, at no cost to the City, grant the City any temporary construction easements on the Property that may be necessary to construct said intersection improvements. 5. Improvements to Tract W-1. The Developer shall pave a four-lane, median-divided road section, together with appropriate turn lanes and striping, as depicted on the Preliminary Subdivision Plan for the Tract WA provided to the City by the Developer. Such roadway to be from the entrance to the single-family community at West Groves Boulevard (Phase 1), easterly to the intersection with CR 437. The time frame for installation of the improvements is as follows: a. At the time of construction of the first phase of development of the single-family dwelling units, the Developer shall, at the Developer's expense, construct two lanes of the four-lane road (outside lanes) on Tract W-1, from West Groves 6 006.214500.5 Boulevard to CR 437. These two lanes will blend appropriately with the CR 437 intersection improvements, whether temporary or permanent. These improvements shall be completed prior to issuance of a Certificate of Completion for the initial phase of the subdivision improvements. b. Construction of the two interior lanes within Tract W-1 from West Groves Boulevard to CR 437 (and the two (2) outer lanes within Tract W-1 if Developer has not previously completed construction of the two (2) outer lanes, as provided above), together with the final designed north and southbound turn lanes from Tract W-1 onto CR 437, shall be completed by the Developer, at the Developer's expense and accepted by the City by the earlier of: i. The date of completion of construction of any portion of either the Parcel C-2 or Parcel R-3 zoning sections of the development; or ii. The date of completion of construction and connection of the West Road Extension (Future) within Tract W-3 from the so-called Coca-Cola property into Tract W-1, said tract being the section of the West Road Extension that serves the single-family entry at West Groves Boulevard; or iii. The date of completion of the subdivision improvements in Villages C- 3/C-4. If the Developer fails to complete the two interior lanes (along with the two outer lanes, if applicable) by the date set forth above, the City may refuse to issue a Certificate of Completion for Villages C-3/C-4 and may, upon thirty (30) 7 OO6214500.5 days written notice to the Developer, do, or cause to be done, the design, engineering, permitting and construction of the uncompleted portion of the two interior lanes (along with the two outer lanes, if applicable), all at Developer's expense. If the Developer fails to reimburse the City for any such costs advanced by the City, within thirty (30) days from Developer's receipt of a written invoice for same (along with supporting documentation), then the City may place a lien on either the commercial (Parcel C-2) or the multi-family (Parcel R-3) portions of the Property (as determined by the City) as security for the payment of such costs and may foreclose such lien in accordance with applicable law; provided, however, that in connection with the sale of said commercial or multi-family portions of the Property by the Developer to a third party and provided that any such sale occurs prior to the time that the City actually places a lien on said commercial or multi-family portions of the Property, the Developer shall be entitled to release said commercial and/or multi-family portions of the Property from any right of the City to place a lien thereon by providing to the City alternative collateral reasonably acceptable to the City which secures the aforesaid reimbursement obligation. 6. Conveyance of Right-of-Way Land. a. The Developer shall dedicate and convey to the City Tract W, Tract WA and Tract W-3 (collectively, the "Right-of-Way Land") within forty-five (45) days following receipt of written notice from the City requesting the same (or any portion thereof); provided, however, that notwithstanding the foregoing: (i) the 8 005.214500.5 Developer shall not be obligated to convey the Right-of-Way Land to the City prior to approval of the FSP, (ii) the Developer shall not be obligated to convey the Right-of-Way Land to the City prior to eighteen (18) months following approval of the PSP, and (iii) Tract W-1 shall be dedicated and conveyed no later than the time of platting of the first phase of the residential development. b. Notwithstanding the foregoing provisions of Paragraph 6(a) above and if the City desires conveyance at an earlier date, then following approval of the FSP, the "Right-of-Way Land" (or any portion thereof) shall be conveyed to the City within forty-five (45) days following receipt of a notice of intent from the City setting forth the intention to begin construction of improvements within the portion of the Right-of-Way Land which is the subject of the notice. All references to Tract W-1 shall include the necessary intersection radii at the CR 437 and West Road Extension intersection, provided, however, said additional area shall not exceed the area provided for the perpetual exclusive easement for monumental signage at the northwest and southwest corners of the intersection. Within thirty (30) days of receipt of the written request for any conveyance, the Developer shall provide the City with a legal description and sketch of description of the Right-of-Way Land (or the portion thereof which the City is requesting be conveyed), said description and sketch being certified to the City. The Right-of-Way Land shall be dedicated and conveyed by the Developer to the City by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. The form of the warranty deed 9 006.214500.5 shall be subject to the approval of the City. In the event of such conveyance, the Developer shall have the right to (a) make improvements to and utilize Tract W as provided in Paragraph 2 above, and (b) make improvements to Tract W-1 in accordance with the FSP, which FSP will be consistent with the PSP, and upon dedication and conveyance of Tract W-1 as provided herein utilize Tract W-1 and the improvements located therein in accordance with the FSP, which FSP will be consistent with the PSP. c. The Developer shall, contemporaneously with the dedication and conveyance of the Right-of-Way Land (or any portion thereof) to the City, provide to the City a current attorney's opinion of title or a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to the Right-of- Way Land (or portion thereof being conveyed) is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way Land, including the cost of title work, shall be borne solely by the Developer. Real property taxes on the Right-of-Way Land shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by the Developer in accordance with the provisions of Section 196.295, Florida Statutes. d. Neither the Developer nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or 10 006 214500.5 with respect to the required dedication and conveyance of the Right-of-Way Land and the temporary construction easements and signage easements described herein to the City or the design, engineering, permitting and construction of the improvements to be constructed on the Right-of-Way Land by the Developer. 7. Concurrencv. a. Immediately following the approval of the Preliminary Subdivision Plan and this Agreement, the Developer shall apply for a Final Certificate of Concurrency for the development of the Property in accordance with the procedures set forth in the City's Land Development Code (the `Final Certificate of Concurrency"). The City agrees to promptly issue the Final Certificate of Concurrency following receipt of such application. b. It shall be the responsibility of Developer to obtain final subdivision plan approval for the Property and to commence construction of subdivision improvements prior to the expiration of the Final Certificate of Concurrency or any extensions thereof, or any Transportation Capacity Reservation Certificates ("TCRC's") which may be issued pursuant to the provisions of the Ocoee Land Development Code. The City makes no warranty or representation regarding the ability of the Developer to obtain a new Final Certificate of Concurrency or TCRC should Developer fail to commence construction of subdivision improvements prior to the expiration of the Final Certificate of Concurrency or any TCRC, respectively. 11 006 214500.5 c. The City represents to the Developer that: i. The development of the Property will not be subject to further concurrency review under the City's Comprehensive Plan and Land Development Code so long as the Developer obtains a final subdivision plan approval and commences construction of subdivision improvements in accordance therewith prior to the expiration of the Final Certificate of Concurrency or a TCRC with respect to Phase 1A1 on the FSP, which FSP will be consistent with the PSP ("Phase 1A1"); ii. The final Certificate of Concurrency shall not expire so long as a TCRC is obtained with respect to the portion of the property referred to as Phase 1A1; and iii. In the event the Developer obtains a TCRC in accordance with the provisions of the City's Land Development Code which reserves sufficient transportation capacity for the buildout of Phase 1A1, then the development of the entire Property will not be subject to further concurrency review for transportation under the City's Comprehensive Plan and Land Development Code so long as the Developer obtains a final subdivision plan approval and commences construction of subdivision improvements prior to the expiration of such TCRC. 8. Master Drainage System. a. The Developer shall be responsible for the final design of the master drainage system for the Property, and obtaining from the St. Johns River Water 12 006 214500.5 Management District (the "District") all permits required to construct the master drainage system. The City agrees to cooperate with the Developer in its efforts to obtain such permits from the District. The City recognizes and agrees that the Developer shall be entitled to receive from the District the maximum number of credits, if any, available from the District in connection with the Developer's grant of conservation easements and dedication of wetlands and other protected areas; provided, however, that the foregoing shall not be construed to authorize the destruction of any wetlands or development within the wetlands except as expressly set forth on the FSP, which shall be consistent with the PSP. b. After the Developer has obtained all such permits from the District, it shall dedicate and convey to the City those portions of Tracts R, R-1, R-2, R-3, R-4, R-5 and R-6 (as depicted on Drawing 3b of the Preliminary Subdivision Plan) not required by the District to be dedicated to the District; provided, however, that Tract R-6 shall be dedicated and conveyed to the City and the City may require that Tract R-6 be dedicated and conveyed to the City at an earlier date. Any such dedication or conveyance shall be subject to the following: i. The right of the Developer to install utility facilities (including without limitation utility lines and lift stations) and roadway facilities as shown on the FSP, which shall be consistent with the PSP, on, over, under and through the wetlands, subject to compliance with all applicable governmental ordinances, laws, rules and regulations. 13 006 214500.5 ii. The condition that there shall be no public access to any portion of such properties (except for Tract R-6) which is to be dedicated and conveyed to the City. iii. If requested by the Developer, the City, at its expense, shall post no trespass signs on Tracts R-1, R-2, R-3, R-4 and R-5, provided, however, that the City shall have no obligation to maintain, repair or replace such signs. Developer may elect to install fences on the Developer's property to prohibit public access, subject to compliance with all permitting requirements. c. Any wetland tract not dedicated or conveyed to the City or the District shall be encumbered by a conservation and drainage easement in form required by the City and the District and conveyed to the homeowners association. Any dedication or conveyance of a conservation easement shall provide a specific reservation by the Developer so that the Developer may develop and maintain a boardwalk and dock/pier (including utility facilities for the boardwalk and dock) in the location generally depicted on Drawing 3 and on Drawing 6 on the Preliminary Subdivision Plan, subject to the obtaining of all applicable permits necessary for the construction of such improvements. 9. Monument Sicnage Easement. At the time of recordation in the Public Records of Orange County, Florida of the first subdivision plat for any portion of the Property, the Developer shall grant to the City (or its designees) a perpetual exclusive easement for monument signage at the northwest and southwest corners of the intersection of CR 437 14 006 214500.5 and the West Road Extension as shown on Sheet 4 of the Preliminary Subdivision Plan. The easement areas will be triangular in shape and the rear line of each easement shall be 75 linear feet; provided, however, that all setback obligations related to Parcel R-3 and Parcel C-2 will be measured from the right-of-way line of the roads, not from the area which includes assigned easements; the intent of the City being that no additional setback obligations will be required due to the granting of the sign easements. Further (1) the form and content of all such monument signage erected by the City or its designees and the location thereof within the easement area shall be reasonably acceptable to the Developer and consistent with the signage and architectural plans for the subject property; and (2) the signage erected by the City or its designees shall be in addition to (and shall not in any way diminish) the amount of signage which may be constructed by the Developer and its designees on the Property. 15 006 214500.5 1-1 0 FOLEY & LARDNER . .1 MAY - 3 2K1 I --i MEMORANDUM rlll-N CLIENT-MATTER NUMBER 020377-0533 TO: Ellen M. King, Development Review Coordinator FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE: May 3, 2001 RE: Avanti/West Groves - Preliminary Subdivision Plan (Project No. LS-00-002) In connection with the above referenced project, we have reviewed the following document: 1. Avanti/West Groves Preliminary Subdivision Plan prepared by Hartman & Associates, Inc. and stamped received by the City of Ocoee May 2, 2001 (the "Plan"). This memorandum supercedes our prior memoranda concerning the Avanti/West Groves Preliminary Subdivision Plan. Based upon our review of the document noted above pursuant to the Ocoee Land Development Code, we have the following comments: 1. [Repeat Comment] Please revise the Owner's Affidavit to have the notary indicate the county in which the Owner's Affidavit was notarized. Please submit this revised Owner's Affidavit as soon as possible to avoid delay with the public hearings concerning this project. 2. [Repeat Comment] Please confirm that St. Johns River Water Management District has agreed to accept title to Tract AA and Tract BB. In the event the St. Johns River Water Management District does not take title to these tracts, please advise as to whom these tracts will be conveyed. 3. The following minor changes and corrections to typographical errors need to be addressed following approval of the Plan (i.e., it is anticipated that approval of the Preliminary Subdivision will be conditioned on these changes being made): a. Please include the attached Additional Conditions of Approval Related to Development Agreement Provisions on Drawing 3(d) of the Plan. In addition, please revise the Index of Sheets on the 006.217283.1 Cover Sheet so that Sheet 3(d) is titled "Additional Conditions of Approval Related to Development Agreement Provisions." b. Please label Tract W-3 on both Sheet 3 of 12 and Sheet 4 of 12 as "West Road Extension (Future)." c. Please delete "(Phase 4)" from Tract Won Sheets 3 of 12 and 4 of 12. d. Please revise Condition of Approval 2 by changing the word "Grove" to "Groves". e. Please revise Condition of Approval 3 to include the word "Tract" prior to the reference to "W-3 (West Road Extension (Future))". f. Please revise Condition of Approval 6 by replacing the first "and" with a comma. g. Please revise the last sentence of Condition of Approval 13 to replace all references to "conveyance" with the word "conveyances". h. Please revise Condition of Approval 14(c) by replacing the words "stabilized temporary road" with the words "stabilized 12' wide emergency access (temporary)". Please revise Condition of Approval 15 to refer to "Tract E and Tract G" instead of "Parcel E and Parcel G". j. Please revise the last sentence of Condition of Approval 17 to replace the words "West Road Extension (Tract W-1)" with "Tract W-1 (West Road Extension (Phase I))". k. Please revise the first sentence of Condition of Approval 19(b) to correct the spelling of the word "Tract". 1. Please revise the first sentence of Condition of Approval 19(c) to read "The developer shall construct Retention Pond A to provide drainage capacity for Tract W-3 (West Road Extension (Future))". m. Please revise Condition of Approval 19(d) to read "The developer shall provide a drainage easement within Tract K-1 for use in the conveyance of storm drainage from Tract W-3 (West Road Extension (Future)) to Retention Pond A. The developer is 2 006 217283.1 not responsible for conveyance of stormwater from Tract W-3 (West Road Extension (Future)) to Retention Pond A"-. n. Please revise Condition of Approval 20 by deleting the word "however" and capitalizing the first letters of the words "final subdivision plan" in the last sentence thereof. o. With respect to the community meeting room, it is our understanding that the developer intends to include such community meeting room within a clubhouse on the property rather than having two separate structures (a clubhouse and a community meeting room). If this is the case, please revise Condition of Approval 23 to read "The recreational facilities shall include tennis courts, playground, pool, tot-lot, volleyball court, bicycle/jogging paths, outdoor recreational play fields, and a clubhouse with a community meeting room which is no less than 1,000 square feet of meeting room space. Other than normal Building Department review for the issuance of permits, the City shall have no architectural review of the clubhouse". p. Please revise Condition of Approval 26(b) to refer to "Tract W-1 (West Road Extension (Phase 1))" instead of "West Road Extension (Tract W-1)". q. Please revise Condition of Approval 29(c)(iii) by adding the words "wherein no intrusion or enhancement of wetlands is provided" to the end of the last sentence. r. Please revise Condition of Approval 29(c)(iv) to include the words "St. Johns River" prior to the words "Water Management District". s. Please revise Condition of Approval 38 to read "Street lights will be installed by the developer prior to Certificate of Completion at his expense, and the cost of operations will be assumed by the developer in accordance with Ordinance No. 95-17". Please do not hesitate to contact me should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney 3 006.217283.1 MINUTES OF THE PLANNING AND ZONING COMMISSION REGULAR MEETING HELD TUESDAY, MAY 8, 2001 CALL TO ORDER Chairman Bond called the meeting to order at 7:30 p.m. A moment of silent meditation was followed by the Pledge of Allegiance to the Flag. A quorum was declared present. PRESENT: Chairman Bond, Vice Chairman Landefeld, Members Christoefl, Golden, Matthys, McKey, Miller(arrived 7:32 p.m.), Rhodus and West. Also present were Planning Director Wagner, Principal Planner Lewis, Senior Planner McGinnis, City Attorney Rosenthal,Chief Assistant City Attorney Cookson, and Deputy City Clerk Green. ABSENT: None. CONSENT AGENDA The consent agenda consisted of approval of Item A: A. Minutes of the Planning and Zoning Commission Regular Meeting held on Tuesday, April 10, 2001. Vice Chairman Landefeld,' seconded by Member Rhodus, moved to accept the Consent Agenda as presented. Motion carried 8-0. (Member Miller had not yet arrived.) NEW BUSINESS Members West and Golden disclosed conflicts of interest on the Avanti Rezoning and Preliminary Subdivision Plan (PSP). Their Memoranda of Voting Conflicts are attached. Member West said he had a conflict of interest because most of the subject property is owned by his father. He said he would not be voting or commenting. Member Golden said he is employed by the engineer of record, Hartman and Associates, and had been briefed on the project. He said he would abstain from voting on both matters, but he did wish to participate in the meeting. Chairman Bond asked if those who had conflicts of interest could participate in discussion and City Attorney Rosenthal confirmed that they could. Planning and Zoning Commission Regular Meeting May 8, 2001 AVANTI/WEST GROVES REZONING- CASE No. RZ-00-04-01 PUBLIC HEARING Senior Planner McGinnis presented the Staff Report for the proposed rezoning of the subject property (a portion of the West Groves) which is located north of the Coke Property, west of Ocoee-Apopka Road. The Avanti/West Groves PSP comprises approximately 383.1 acres, a majority of which is zoned R-IAA, and the remainder zoned R-3, Multiple-Family Dwelling District, and C-2, Community Commercial District. She explained the requested rezoning was to reconfigure the R-3 and C-2 parcels to accommodate the realignment of Clarcona-Ocoee Road (a.k.a. West Road) in order to align with the new entrance. She said the rezoning will not result in an increase in the C-2 or R-3 acreage and is therefore a de minimis change. Ms. McGinnis said Staff finds the proposed rezoning consistent with Ocoee's: (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area Agreement with Orange County; and (5) surrounding land uses and zoning classifications. She concluded with Staffs recommendation for approval of the requested rezoning to reconfigure the R1-AA, C-2, and R-3 parcels as shown in Exhibit"A"to the staff report. The public hearing was opened. As no one wished to speak, the public hearing was closed. Member Matthys asked why the rezoning not done under the PUD process. Ms. McGinnis said as a de minimis r oning ith no change in acreage, it could be accomplished more quickly this way ther th• s a PUD rezoning. Responding to a question by Mem er c , Ms. McGinnis said the reasons for the reconfiguration as proposed would become clear as the PSP was considered. As had been recommended by Staff, Vice Chairman Landefeld, seconded by Member Rhodus, moviCthat Planning and Zoning Commission recommend approval of the Avanti/West Groves Rezoning, Case No. RZ-00-04-01, to reconfigure the RI-AA, C-2, and R-3 parcels s'shown in Exhibit "A" of the staff report. Motion carried 7-0, with Members West and Golden,abstaining. AVANTI/WEST GROVES PUBLIC HEARING PRELIMINARY SUBDIVISION PLAN, PROJECT No. LS-2000-002 Principal Planner Lewis presented the Staff Report for the proposed Preliminary Subdivision Plan for the 383.1 acre Avanti/West Groves site. The property is located on the eastern shore of Lake Apopka, west of Ocoee-Apopka Road, just north of the Western Beltway. Its southern edge abuts the northern boundary of the tract commonly 2 Planning and Zoning Commission Regular Meeting May 8, 2001 known as the "Coke Property." The Master Plan for the site provides for a private gated residential community with a total of 512 single family lots to be constructed in five phases. The developer of the single family portion does not plan to develop the two additional parcels which will be set aside for commercial and multifamily development in the southeastern portion of the site. The site includes 58 acres of wetlands which lie primarily along the shore of Lake Apopka and the southern and northeastern boundaries of the property. Most of the subject property has R-1-AA zoning (336.4 acres), except for the southeastern portion of the site which has a combination of C-2 (23.0 acres) and R-3 zoning (23.7 acres). A rezoning application has been submitted concurrently with the PSP in order to make minor changes to the boundaries of the areas zoned C-2 and R-3 to conform with the boundaries shown on the subdivision plan. The PSP provides for road access via an extension of West Road on the west side of Ocoee Apopka Road. The single family area will be accessed from the main entrance via the West Road Extension, a secondary entrance near the north end of the site from Ocoee Apopka Road, and pedestrian access connecting to adjacent property to the east. There will be a six foot wall with appropriate landscaping along the boundary of the subdivision adjacent to the West Road Extension. The R-1-AA zoning requires a minimum lot width of 75 feet and minimum lot size of 9,000 square feet, but the developer intends to provide a,mixture of lot sizes within the subdivisions, with larger lots at the north end of the site. Recreation amenities include an 8 foot sidewalk along one side of the spine road and along the shore of Lake Apopka, a 6+ acre Community Park with a clubhouse/community room, ballfields and other active recreation. Mr. Lewis then addressed five unique issues for the project as noted below. Wetlands More than 50 of the 58 acres of wetlands on the property will be preserved, untouched by the proposed development and dedicated to the City. They are proposing to utilize some of the wetlands in their stormwater management and to do it in such a way that it will enhance the wetlands. The Land Development Code does not allow development within wetlands. The only exceptions have generally been for construction of essential road improvements. This exception would apply to natural wetlands impacted by construction of the northern entrance road. He said Staff will consider the proposal if the St. Johns River Water Management District confirms that the Developer will be enhancing the wetlands. Even then it is an important policy issue for the City Commission and will require a waiver from Code requirements. The Conditions of Approval in the PSP 3 Planning and Zoning Commission Regular Meeting May 8, 2001 address this issue, indicating that if the City's concerns are not satisfied, the subdivision will have to be redesigned to avoid these wetland impacts. Northern Entrance The subdivision plan provides for a fully operational secondary access at the north end of the subdivision with an extension of West Groves Boulevard eastward to Ocoee Apopka Road, to be constructed with the later phases of the development. The Plan shows two potential routes across the wetland area. Another issue related to the construction of the northern entrance road is timing - when it will be builtand::,who will build it. The northern entrance shown on the plans is now two lanes, but Staff'strongly believes that it should be three lanes, with a by-pass lane for residents to get around in case a visitor is having trouble getting through the gate, and to provide for a turn-around.in case someone cannot get through the gate. 100 -Year Flood Plain Some of the proposed development in the final phase ofthe subdivision (several lots and portions of a road) encroaches upon the current 100 year flood plain as shown on the FEMA map. The Project Engineer believes that the flood plain as currently shown on the FEMA map is not shown correctly. The Developer will submit an application to have the FEMA map changed. If it is not changed, the PSP will have to be revised prior to submittal of the FSP for the final phase. West Road Extension The Conditions of Approval provide that the Developer will dedicate all of the 120' road right-of-way for the West Road Extension. The Developer of the Avanti/West Groves subdivision and the developers of the parcels zoned C-2 and R-3 will be responsible for constructing the road and utilities, in phases, between Ocoee Apopka Road and the main entrance to the single family subdivision. The southern portion will be developed when the Coke property is developed. Ocoee Apopka Road Improvements Most of the improvements will be done by either the County when it realigns the eastern side of Ocoee Apopka Road or by the City to make sure that the intersection improvements and traffic signals are all in place to serve this subdivision, the commercial property adjacent to it, and also the Coke Property to the south. Mr. Lewis said three proposed waivers from normal Code requirements have been requested and are supported by Staff: 4 0 Planning and Zoning Commission Regular Meeting May 8, 2001 1. The first waiver is related to the maximum block length of 1,000 feet, which is being requested because there is a loop road within one of the villages that is up to 1,650 feet long. 2. The second waiver is related to the maximum building coverage on a lot (35%). The Developer is requesting a maximum of 40% lot coverage with a larger minimum living area requirement. 3. The third waiver is related to the limitation on development within wetlands. Staff supports this waiver only if the SJRWMD confirms they are enhancing the wetlands, not just using the wetlands. On April 16, 2001, the DRC considered the project and voted unanimously to recommend approval of the PSP including the proposed waivers, subject to making certain revisions on the plans and to the Conditions of Approvals. Most of the DRC requirements have now been satisfactorily addressed in these plans and the document titled Additional Conditions of Approval Related to Development Agreement Provisions to be Added to Conditions of Approval(5/02/01). Mr. Lewis concluded with the Staff recommendation for approval subject to the proposed waivers noted above and to four conditions included in the motion at conclusion of consideration of this item. The recommended conditions will bring the plans into compliance with all of the requirements recommended by the DRC. The public hearing was opened. Howard Lefkowitz, the developer, representing Avanti Investment Group, presented their project assisted by William Musser, the engineer, of Hartman & Associates, Inc. Mr. Lefkowithaid he was an independent developer who works in conjunction with Avanti and that he has been developing in the greater Orlando area since 1976. Mr. Lefkowitz said the project had been two years in work and design. He said only 35% of the 512 lots will be 75' wide, 50% of lots will be no less than 85' x 120', and 15% of the lots that remain are in excess of 90' x 120'. He said nine of those are almost half-acre lots in order to provide major tree preservation. He said the project is intended to be a private community totally controlled and operated by a single homeowners' association (HOA). It will be structured with mechanisms to accommodate obligations concerning parking, protection of wetlands, maintenance of drainage systems, walls and landscaping. The HOA documents will be reviewed by staff to confirm the necessary items to manage the association are in place and also the 5 Planning and Zoning Commission Regular Meeting May 8, 2001 obligations under which they have agreed to abide are also appropriately documented. In addition to fund raising and fund management, the HOA will have an architectural review board. He said he will be chairman of the association until everything is built. He said the community is designed as a series of villages, but will have one HOA. All 512 lot owners will have use and entitlement and obligation for support of all of the common areas including the amenity packages. Each community will have its own entry walls, name, and identity. He said the design provided a 50' buffer all along the lake and the wetlands which will be for public meeting use, enjoyment and access. Mr. Lefkowitz said amenities will include a pool and bathhouse, a community meeting room of no less than 1,000 square feet available for use of all 512 lot owners, soccer and softball fields, basketball court, sand volleyball court, tot lot, tennis 'court, pedestrian covered pier into the lake. He said a premier but more subtle amenity is the bicycle/paving/jogging recreational trail which will be approximately two miles long running through the community. Mr. Lefkowitz said they have emphasized the environmental aspects, incorporating some of FOLA's (Friends of Lake Apopka) recommendations. He noted the 50' setback from the wetlands and the lake. He said the HOA documents will require use of lake friendly fertilization and pest control application in all lots that may develop runoff toward wetlands or the lake. , Mr. Lefkowitz pointed o n -vera .ey believe the City would derive from their project: • Donation of all o •-'r we .s to the SJRWMD or the City. • Boat access to= spk. .. om their property adjacent to Coke Property to be developed by the City. • Formal access into Coke Property. • Drainage systems to accommodate stormwater for property dedicated to the City. • Two extra paved lanes from the entry to the residential property to CR 437. • Utility line extension at a cost of $1.4M (shared with Orange County) to enable service to the Coke Property and beyond. • Donation to City the parcel known as the finger as a public right-of-way for natural access and collector for adjacent developments. • Pedestrian access from future adjacent properties through their privately owned streets and sidewalk systems to accommodate potential access needs to schools when they are created on the Coke Property. Mr. Lefkowitz said the West Groves project has been two years and two months into City review. They will execute a developer's agreement and related conditions of 6 Planning and Zoning Commission Regular Meeting May 8, 2001 approval that reflect over 50 individual development commitments above and beyond typical land development. He said they are very proud of the project they designed and believe that West Groves presents the best possible community presentation that the City of Ocoee has yet experienced. Dr. Jay Exxum, of Glatting Jackson, lead environmentalist for the project, explained their restoration and management strategy for the site. He said their plan includes removing noxious vegetation along the fringes of the wetlands where they are proposing stormwater ponds, and restoring the native canopy and understory vegetation in the 50' buffer. He said over 50 of the 58 acres of wetlands will be preserved and set in conservation easement. Dr. Exxum said having the wetland nuisance vegetation removal included in the SJRWMD permit would require that they monitor, maintain, and meet certain standards for at least five years and to meet certain criteria established in the permit in perpetuity. Chairman Bond gave the gavel to Vice Chairman Landefeld as she left the dais at 8:35 p.m. She retrieved the gavel when she returned at 8:40 p.m. As no members of the public wished to speak, the public hearing was closed. Member McKey asked if the homeowners association documents would be evaluated by the City's attorney, and City Attorney Rosenthal said they review the association documents for all subdivisions. Member McKey asked about the wall, and Mr. Lefkowitz said they plan a Palm Beach type stucco wall with full landscaping. Mr. McKey said in his experience masonry walls with stucco have not been satisfactory over a long period of time. He asked that Staff reconsider that recommendation. Member Christoefl suggested the wall near the R-3 parcel should be put in now rather than later. Mr. Lefkowitz said an orange grove will provide a very nice buffer until something occurs on the property. Attorney Rosenthal said development of the multi- family will require a large scale site plan which would come before Planning and Zoning Commission, and they could not get their certificates of completion without constructing the wall. Member Christoefl said she thought all amenities should be in place before the first house is sold. 7 Planning and Zoning Commission Regular Meeting May 8, 2001 Member Christoefl also expressed concern about completion dates and City Attorney Rosenthal explained how they would be addressed in the Development Agreement. Member Christoefl asked if there were any reason there could not have been a boat access added to the subdivision. Mr. Lefkowitz said they decided they would have no private property ownership and they did not want to impact the lake from that standpoint. He said plans for a major recreation facility on the Coke Property seemed to negate the need for them to deal with it. She commended them for including soccer fields. Member Christoefl asked if any lighting was planned on the 50' buffer. Mr. Lefkowitz said they felt it would be inappropriate because the community is insulated from outside traffic. He said if it should become a problem, the homeowners' association could address it. Member Matthys asked if the wall between the R-3 and the single family would be the responsibility of the R-3 developer. Mr. Lefkowitz said yes, and that the property would probably be sold to a professional multi-family developer. And at this time it is the intent to sell the commercial property as well. Mr. Matthys commended the applicant and the staff for a great job. . He said he thought the project was beautiful, very innovative, and very esthetically pleasing. Member Golden asked about the development proposed in the 100 year flood plain. Bill Musser, of Hartman & Associates, responded they are confident the flood plan delineation on the FEMA map will change when FEMA has better topographical information. He said the map change process may require six months to one year. Member Golden asked Dr. Exxum about maintenance of the wetlands when they are restored. Dr. Exxum said they are hoping that after five years it will be a fairly stable system. He said their responsibility to keep nuisance plants to less than 10% in the wetland creation areas.wilLgo on until the SJRWMD concludes that it is stable. Until SJRWMD believes that it is stable, they will have to remove exotics, ensure the survival of the planted natives and ensure the function of the stormwater system as well. Chairman Bond said she thinks the overall project is very appealing. She said she would have liked to have seen a boat dock and marina slips. She expressed appreciation for larger lots, but said she does not like idea of increasing building size on the lot from 35% to 40% of lot. Mr. Lefkowitz said they are not asking to increase lot coverage. Chairman Bond asked at what point in time are the elementary, middle and high schools going to be addressed. Planning Director Wagner said they are now hiring an 8 Planning and Zoning Commission Regular Meeting May 8, 2001 engineering consultant to do the master plan for the Coke Property. The School Board has immediate plans to design and construct the high school which they hope to have open within two years. The elementary school is totally dependent on filling it with students. Attorney Rosenthal said in this instance, because of the City and School Board joint effort on the Coke Property, we do have a site for an elementary school adjacent to this property. Chairman Bond asked about water and sewer service for the property. Mr. Lefkowitz said they have executed a separate agreement with Orange County utilizing their plants on McCormick Road. The developer will install lines adequate to cover their needs plus upgrade sizes specified by the County. Mr. Wagner said this area has always been in the Orange County service area. Chairman Bond asked about a fire facility in the area. Mr. Wagner said they have discussed a joint fire and police department training facility. She asked if the basic police and fire stations will come on line simultaneously with the first selling of the individual lots. Mr. Wagner said probably not, but that a temporary arrangement could be made if response should become a concern. Chairman Bond commended Mr. Lefkowitz for a very good presentation. Vice Chairman Landefeld a d h .many/likes can be saved. Mr. Lefkowitz said the only tree stand other than orange grove is in the area committed to 20,000 square foot lots, and preservation of es that property is addressed in the Conditions of Approval. Mr. Landefeld asked if there would be fences around the tot lot. Mr. Lefkowitz said there will not be fences around the tot lot, but there will be fences around the pool with lock access. He said they position the tot lot so that a mother can sit under cover in an open building and have visibility toward the tot lot and the pool. Mr. Landefeld asked if there would be fences around retention ponds and if the ponds will be adequate to accommodate rains from hurricanes. Mr. Musser said, as to fences, only the wet detention pond will be of concern and he explained that it will have the recovery zone as required by the state. Mr. Musser said they must comply with a 100 year 24 hour storm (or 11 inches of rainfall). Mr. Musser said they have rainfall records back to almost the 1890's and they know the lake elevations achieved in Hurricane Donna and Tropical Storm Gordon which were close to 100 year storm events. He said their ponds and berms will be up above the peak stages of the lake. 9 Planning and Zoning Commission Regular Meeting May 8, 2001 Mr. Landefeld asked if they were coordinated with restoration of Lake Apopka. Mr. Musser said they will mandate that the HOA use no phosphates in their fertilizer and their stormwater systems will be a two pond system to provide water quality treatment and then a final polishing. Member Rhodus recalled problems with water moccasins in t e area in the past, and expressed concern that they might be a problem near the boars ,,, k and retention ponds. Dr. Exxum said water moccasins are often confused with a nt:; ess water snake which is more prevalent than cottonmouths. He said cotto pi t 7[ i b t°. are very much aquatic animals and might be in the ponds, but are unlikely to ,fa as "I:4 p slope as the board walk. - Member Miller said she thought it would be a great proj . She sal, er concern was the impact on transportation in the area, especially o , and asked if it would be looked at in connection with a traffic study. Mr. Wagner said a complete traffic study had been done as part of this project. He said there is available capacity on that road today,and that the road is projected for ,, .nes in the future Member West had no comments. :`, Member McKey asked if there would be a fence or wall between the board walk and the adjacent residential properties. Mr. Lefkowitz said it was not contemplated, but that would not inhibit the landowner from installing one if they wish. Member McKey asked if there would be gated access to the West Orange Trail. Mr. Lefkowitz said none was planned and Mr. McKey said he thought Staff should look at it again. As had bee commended by Staff, Vice Chairman Landefeld, seconded by Chairman Bon oved that Planning and Zoning Commission recommend approval of .;.vi i n an for the Avanti/West Groves subdivision, Project LS- I 2 - 2 in 1 in. prono�ed waivers, as date stamped received by the City on Mav 2, 2001, subject to the following conditions: 1. That the attached document titled Additional Conditions of. Approval Related to Development Agreement Provisions to be Added to Conditions of Approval (5/2/01) shall be included on Sheet 3d of the Plan set under that title. 2. That the design of West Groves Boulevard at the northern entrance gate on the eastern edge of Phases 4 and 5 shall be revised to graphically show three lanes (two lanes in and one lane out) with an adequate vehicle turnaround to provide for a fully operational secondary access to the entire subdivision. 10 Planning and Zoning Commission Regular Meeting May 8, 2001 3. That all the remaining issues identified in the memo from Scott Cookson (Assistant City Attornevl dated Mav 2001, shall be satisfactorily a as so possible following City Commission approval of the PSP. 4. That a Development • •reement inco •orating all of the pro s osed Conditions of n� • i.-- na Conditions of Approval as attache an am v Attorney be execute develope and said Conditions r of Aporova incorporated within the Preliminary Subdivision Plan. Motion carried 7-0,with Members West and Golden abstaining Mr. Lefkowitz said they were proud of what they had presented. He said it was a mutual effort and that a great deal of the good parts of the project was the result of Mr. Wagner's input. OLD BUSINESS None. 10040, OTHER BUSINESS 441* None. COMMENTS Member Rhodus asked what was.happening with the Washington Mutual Bank project. Mr. Wagner explained their process which prioritizes projects based on date of receipt and on constructi en status. He said they are very well aware of the Washington Mutual Bank project a e at her interest was noted. Planning Director. Wagner announced that the June 12, 2001, Planning and Zoning } Commission meeting will begin at 7:00 p.m. to consider one or two regular items of business (if needed). A Joint Work Session with City Commission will follow at 7:30 p.m. to hear three develwers give informal presentations for their projects to receive initial reaction/direction Trom the boards. He said it would be a public meeting and notices would be sent to neighboring residents. He said the boards would not make any decision, as the purpose was to elicit information and comments and reaction from the Planning and Zoning Commission and the City Commission. The projects to be considered are the Dill property on Clarcona-Ocoee Road (300 to 400 acres), a commercial project proposed by Gordon Nutt for property at Moore and Maguire, and an industrial area on Lakewood Avenue. While there will be no formal staff reports, Staff 11 Planning and Zoning Commission Regular Meeting May 8, 2001 will provide background information so members will know what the issues are on each of these projects from the City's perspective. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Attest: APPROVED: Marian Green, Deputy City Clerk Pat Bond, Chairman 12 FORM BB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST tNAOMMITTEE eetT NAME "T�1PR IDDLE NAME Mi/faN OcoE OF ee PIfrinoofr ,i2pN OR M� EocaMb.. MAILING ere /v / j THE BOARD.I SE VEC IS A IL.UNITCOMMISSION,A WHICH SERVEUAUNIT OF'. CITY Dcv ee y079-A l X El COUNTY II OTHER LOCAL AGENCY 1p/)OL/LT NAME OF POLITICAL SUBDIVISION COUNTY DATE ON yJ1yCH VOTE OC.j]ORRE ` O / /JTY 6 /'/.o MY POSITION IS O ELECTIVE )(APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency) by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative"includes only the officer's father, mother, son, daughter, husband, wife, brother, sister,father-in-law, mother-in-law, son-in-law, and daughter-in-law. A'business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN. • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. - • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. e ��L M DISCLOSURE OF LOCAL OFFICER'S INTEREST I. ( 41l] . t 1 i_I1)4' lid_E-7.1, hereby disclose that on ,20 UL: (a)A measure came or will come before my agency which(check one) Xinured to my special private gain or loss; _ inured to the special gain or loss of my business associate, `\- inured to the special gain or loss of my relative, l-/% Vl ear _ - inured to the special gain or loss of , by whom I am retained:or _ - inured to the special gain or loss of _which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: f{-✓M ' W e s1 G,-ne Pr c it Mr N4cl SK 6 d ,v 1St°IV PI4-14.) Project Not i. s- .Apace oo �, // /fit DO I /JAVA- Date Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED S10,000, CE FORM 8B-EFF.1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST WWAME-FyRSTNAME-MIDDLE NAME NAME OF BOARD.COUNCI O0AMISSION VT AHORITY OR COMMITTEE B57� -rho PAS MgNro&J OcosGe- P1n-N40114•7aNi dDA*1 MAILING ADORES THE BOARD.COUNCIL.COMMISSION.AUTHORIYYY OR COMMITTEE P. o 13. y P /0 I�1r O WHICH I SERVE IS A UNIT OF lJ o AOITY OCOUNTY O OTHER LOCAL AGENCY CITY Obo Gn 2YF-4-,v0_ NAME OF POLITICAL SUBDIVISION. DATE ON; HVOTE OCCS' olo0I MY POSITION IS. ``'' /wT Y O(/ O ELECTIVE p� APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board,council, commission,authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.,and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. ,,.�..// (,/� DISCLOSURE OF LOCAL OFFICER'S INTEREST p I,_ JAIJy/¢/ M 1J1D _, hereby disclose that on ('S_ _ 9_- _.._ ,200L: (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, i1 inured to the special gain or loss of my relative, ___ _ inured to the special gain or loss of — by whom I am retained;or __ inured to the special gain or loss of_ __ _ ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: AvMv-fii Re j (e4Se No, dtZ-oo- off - DS) M e Aer2 gam. 37/1_21_09_1 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM BB-EFF.1/2000 PAGE 2 Member Golden's Memoranda of Voting Conflict will be attached later.