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Home My WebLink AboutVI (A 1&2) Lake Bennet Centre: Lot 7, Amendment to the Approved Final Subdivision Case No. LS 93-010; Lot 7A, Lake Benner Medical Center Preliminary/Final Site Plan Case No. ls 2001-005 Agenda 5-21-2002 Item VI A 1&2 -CENTER OF GOOD LIVIVG-PRIDE OF WEST ORIVGE „YoR•CO..MAssfocER Ocoee S_SCOTT VANDERGRJFT .. (,[� o CITY OF OCOEE CON,N/ISSID]ERS `--N �� V.i a 150 N. LAKESHORE DRIVE DANNY HOWELL 0 OCOEE, FLORIDA 34761-2258 SCOTT ANDERSON : o RUSTY IOFINS (407)905-3100 FANCY J. PARKER �40£ GootN` CITY MANAGER JIM GLEASON STAFF REPORT DATE: May 15, 2002 TO: The Honorable Mayor and City Commissioners FROM: Thomas Grimms, AICP, Senior Plan THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Lake Bennet Centre Lot 7, Amendment to the Final Subdivision Plan, Case No. L. 93-e10 Lot 7A, Preliminary & Final Site Plan, LS 2001-005 ISSUE: Should the Mayor and City Commissioners approve the Lot 7 Amendment to the Lake Bennet Final Subdivision Plan, and Lot 7A, Preliminary/ Final Site Plan, LS 2001-005. BACKGROUND: Lake Bennet Centre is a commercial subdivision located on a 32.49 acre tract situated north of State Road 50, east of Lake Bennet. The development as platted (Plat Book 35, Pages 126 & 127) consists of eight commercial parcels of various sizes. Lake Bennet Centre is developed with significant roadway improvements including internal streets and improvements to State Road 50 and to Blackwood Avenue. Specifically, for Blackwood Avenue, this includes extensive paving improvements providing deceleration lanes and a left turn lane into Lot 7. To date, all the lots in Lake Bennet Centre have been developed except for Lot 7 and a portion of Lot 8. DISCUSSION: Lot 7 Amendment to the Final Subdivision Plan: _. The developer desires to divide Lot 7 into two separate lots, Lot 7A and Lot 7B. To accomplish this, the developer was required to submit an amendment to the Lake Bennet Centre Final Subdivision Plan and to replat Lot 7 into two separate lots, Lot 7A consisting of 3.24 acres and Lot 7B consisting of 2.16 acres. The original subdivision plan included an access easement across Lot 7. The amended subdivision plan eliminates the original easement, but provides a realigned north-south joint access and utility easement along the property boundary between Lots 7A and 7B. POW,:Pratect Rccee's Water Resources May 14, 2002 Planning and Zoning Commission Page 2 Lot 7A, Preliminary & Final Site Plan, LS 2001-005 Lot 7A is proposed to have two 1-story medical office buildings consisting of building footprints of 16,338 and 14,862 square feet. The total proposed impervious area will be 2.266 acres (70%). The parking requirement for this size development is 156 spaces, which are provided. DEVELOPMENT REVIEW COMMITTEE: The Development Review Committee (DRC) reviewed the amendment to the Lake Bennet Centre Final Subdivision Plan on April 23, 2002 and recommended approval of the amendment. The DRC also reviewed Lot 7A of the Lake Bennet Centre Preliminary & Final Site Plan on April 23, 2002 and voted unanimously to recommend approval provided that the concerns of the Planning Staff and the City Attorney would be addressed prior to the Planning & Zoning Commission meeting. The plans date-stamped May 8. 2002 will have all corrections incorporated therein. PLANNING & ZONING COMMISSION: At its May 14, 2002 meeting, the Planning & Zoning Commission reviewed the amendment to the Lake Bennet Centre Final Subdivision Plan and recommended approval of the amendment. The Planning & Zoning Commission also held a public hearing to review Lot 7A of the Lake Bennet Centre Preliminary & Final Site Plan and voted unanimously to recommend approval, after hearing from staff that the concerns of the Planning Staff and the City Attorney were addressed and corrections incorporated into the Preliminary & Final Site Plan. These concerns were: That the decorative fence on top of the retention pond wall be "child proof", such that a child could not crawl through the slats of the fence; 2) that Jasmine vines be planted between the retention pond wall and decorative fence and the edge of the parking lot; 3) that the three changes to the Preliminary/ Final Site Plan requested by the City Attorney be made. The Planning & Zoning Commission also discussed various access issues that were addressed by staff. No one from the public attended the meeting. STAFF RECOMMENDATION: Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners approve the Amendment to the Lake Bennet Centre Final Subdivision Plan (Case # LS 93-010), as well as the Preliminary/Final Site Plan for Lot 7A of the Amended Final Subdivision Plan for Lake Bennet Centre, plans as date stamped received by the City on May 8, 2002. Attachments: Copy of Public Hearing Advertisement Lot 7, Amendment to the Final Subdivision Plan, and Lot 7A Preliminary/Final Site Plan, date stamped May 8, 2002 Copy of Public Hearing Advertisement Date Published J22 Orlando Sentinel THURSDAY. MAY 2,2002 Advertisement RINGS NOTICE OF of OCOEE 0000NOTIC IS PLANNING AND that COMNMISS.ON will hold a PUBLIC HEAP ING on esday. 20e2 et their Thereafter be d theWOCOEE CITY S Y COM, MISSION° will hold a PUBLIC HEARING on Tuesday, May 21, ',CI:at their regular secsion.at?CIO .p 0, or as soon thereafter as POSSI- 0n Chambers, eeOcI .' North Lake- shore Driv . eeft oto - sicer approval of the Lake Bennet Medical Caner.Preliminary l Final Sine Plan for let IA end Lake Bennet Centre, ' Amendmenrto the Approved FoalSubdiri- n.The site is located north of son o n State and west of Black- A..„„The including a all desc.oian of the subject y be In eted at the Ocoee Planning Deportment, 150 o h Lakeshore Drive, between �ndm to hmFriday se. .ear legal holidaysone SetteeToe Planning and zoning Commissiee or coee City Commis public hear- ings to 0 corhaue Times the/ lebea Anys that the dot and places of ued can-t s shallb announced dur- ing Ib hearing and that no lurther matters nt latices II be'publ'med, these iile'uuofic oeo appear earrd Aith o theDanhicatian.Any respect to to eol a person on Mode a g the pubic needheanng may during record Of for ie needMCY to endure that o verbatim reeoro of the e owhchetthen pealNIs based`Pei with disabilitiesp Ted toparticipate shold con- needing he Ci y:C� e Coy Clerk's ovine at mare of of the meetingat von JEAN G3ALi CN. CIi CLERK, CI OCaEE T doy May 2I002 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Scott A. Cookson,Esq. IFOLEY & LARDNER jj it m AFT T I I I North Orange Avenue, Suite 1800 J[�(Wq1 I�t`e Orlando,FL 32801-2386 (407)423-7656 THIS INSTRUMENT SHOULD BE RETURNED TO: For Recording Purposes Only Jean Grafton,City Clerk CITY OF OCOEE 150 North Lakeshore Drive Ocoee,Florida 34761 (407)656-2322 FIRST AMENDMENT TO LAKE BENNET CENTRE DEVELOPER'S AGREEMENT THIS FIRST AMENDMENT TO LAKE BENNET CENTRE DEVELOPER'S AGREEMENT (this "Amendment") is made and entered in this day of , 2002 by and between ZOM LAKE BENNET, LTD., a Florida limited partnership, whose mailing address is 2269 Lee Road, Suite 101, Winter Park, Florida 32780 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City''). WITNESS ETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida and within the corporate limits of the City of Ocoee located east of Lake Bennet and adjacent to the north side of State Road 50 (hereinafter referred to as the "Property"); and WHEREAS, Owner desires to subdivide Lot 7 within the Property to create two separate lots, Lot 7A and Lot 7B, said legal descriptions for said lots being attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, on April 4, 1995 the City and the Owner entered into that certain Lake Bennet Centre Developer's Agreement recorded on April 11, 1995 at Official Records Book 4877, Page 3050, Public Records of Orange County, Florida (the "Existing Developer's Agreement"); and WHEREAS, of even date herewith the City Commission of the City of Ocoee, Florida (the "City Commission") approved an Amendment to the Final Subdivision Plan for the Property, the Preliminary/Final Site Plan (the "Site Plan") for 7A and the replat of Lot 7 of Lake Bennet Centre; and 006.255234.1 /11 ET WHEREAS, Condition of Approval No. 22 of the Site Plan requires that the City and the Developer enter into an amendment to the Existing Developer's Agreement to provide that the Developer make a cash payment to the City in lieu of making the Phase 2 Improvements as defined in the Existing Developer's Agreement; and WHEREAS, the Owner and the City desire to execute this Amendment in order to comply with the requirements of Condition of Approval No. 22 of the Site Plan and the Ocoee Land Development Code. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Phase 2 Improvements. Notwithstanding anything contained within the Existing Developer's Agreement to the contrary, in lieu of making the Phase 2 Improvements as defined and contemplated in the Existing Developer's Agreement, the Developer shall make a cash payment to the City in the amount of S . Nothing herein shall be construed as imposing an obligation upon the City to make any or all of the Phase 2 Improvements. Section 3. Conflicts. In the event any conflicts between this Amendment and the Existing Developer's Agreement, or any other agreements with respect to Lot 7 or the Property, it is agreed that this Amendment shall control. Section 4. Limitations. Except as amended hereby, the Existing Developer's Agreement remains unchanged and in full force and effect, and each of the panics hereto hereby ratifies and confirms the terms and conditions of the Existing Developer's Agreement. Section 5. Effective Date. This Amendment shall become effective as of the date of the last execution by a party hereto. 2 006.255234.1 • IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered OWNER: • '4;1; in the presence of: ZOM LAKE BENNET, LTD., a Florida limited partnership By: ZOM PROPERTIES, INC., Print Name_ a Florida corporation, its sole general partner Print Name By: Name: Title: (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as the of ZOM PROPERTIES, INC., sole general partner of ZOM LAKE RENNET, LTD., a Florida limited partnership, who [ ] is personally known to me or [ I produced as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2002. Signature of Notary Name of Notary (Typed, Printed or Stamped) Conunission Number(irnot legible on seal). My Commission Expires(if not legible on seal): 3 006.2552341 • CITY: e:rj a L I( Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA By: Print Name: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE APPROVED BY THE OCOEE ONLY BY THE CITY OF OCOEE, CITY COMMISSION AT A MEETING FLORIDA. Approved as to form and HELD ON , 2002 legality this day of UNDER AGENDA ITEM NO. , 2002. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same 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 , 2002. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number()fret legible on seal)) My Commission Expires(if not legible on seal): 4 006.255234.1