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HomeMy WebLinkAboutItem #09 Approval of West RV & Boat Storage - Preliminary/Final Site Plan . center of Goocl Li .....~e. ..~~ ~ AGENDA ITEM STAFF REPORT Meeting Date: February 5, 2008 Item # G\ Contact Name: Contact Number: Bobby Howell, MPA 407-905-3100, Ext. 1044 Reviewed By: Department Director: City Manager: R~.:B / Subject: West RV & Boat Storage Preliminary/Final Site Plan Amendment to Development Agreement Project # LS-2005-013 Commission District # 3 - Rusty Johnson ISSUE: Should the Honorable Mayor and City Commissioners approve the Preliminary / Final Site Plan, and amendment to Sections 3, 4, 6(C), and 7(B) of the Development Agreement for West RV & Boat Storage? BACKGROUND SUMMARY: .west RV & Boat Storage is approximately 9.85 acres in size and is located on the west side of Ocoee-Apopka Road, across from the West Orange Girls Club. The Preliminary / Final Site Plan proposes the construction of an RV and boat storage complex with an on-site office building. A Development Agreement was approved by the City Commission on November 18, 2003, which provides conditions for the development of the subject property. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future land Use Zonina Classification Existing land Use North Low Density Residential Orange County Citrus Single Family Residence, vacant parcel Rural East Low Density Residential Orange County Citrus West Orange Girls Club Rural South Licht Industrial City of Ocoee 1-1 Single Family Residence West Low Density Orange County Citrus Vacant Parcel Residential, Rural Conservation I Floodplain DISCUSSION: The Preliminary / Final Site Plan proposes a storage area consisting of approximately 206 spaces for boats and recreational vehicles. This area will be comprised of grass, with a stabilized subgrade, and will be accessed via two twelve-foot wide gates that will be pass-code controlled. This area will be fenced off from the remaining portions of the site. The access aisle that will be provided behind the gated portion of the site leading to the parking area will be comprised of cold pave asphalt. Additionally, a 720-square foot modular office building is . proposed on site. A portion of the property on the south side of the site has been reserved for future development. In accordance with the requirements of the Development Agreement for this property, a 30-foot wide cross-access easement is being provided by the developer along the frontage of the property. This easement will allow connectivity to the properties to the north and south at the time they develop. Per the requirements of the Development Agreement, the developer will be dedicating a 3D-foot section of right-of- way along Ocoee-Apopka Road to the City. Additionally, a drainage and pathway easement will be dedicated along the western portion of the property. A bicycle path will be constructed by the City in this easement in the future. During the review process, the applicant indicated to staff a desire to amend several sections of the Development Agreement. These requests include amendments to Sections 4, 6(C), and 7(B). Section 4 requires the developer to construct raised median separators at his own expense to accommodate the large auto and truck traffic that is anticipated to access this development. The owner desires to delete this requirement from the Development Agreement. Section 6(C) requires the developer to install drainage pipes and enclose the existing drainage ditch adjacent to Ocoee-Apopka Road. The owner desires to delete this requirement from the Development Agreement. Section 7(B) requires the developer to connect to sewer lines or a lift station in accordance with the City's utility master plans. The owner desires to amend this section of the Development Agreement to permit a septic tank for the property until such time that City sewer service is available. At such time sewer service is available; the owner will discontinue use of the septic tank, and remove it from the property. Staff supports these amendments for this use only. Staff believes these sections of the agreement should be applicable if a different or more intense use was to be developed on the surrounding properties or this parcel. During the review process, it was conveyed to the applicant that Section 3 of the Development Agreement requires the conveyance and dedication of land along Ocoee-Apopka Road to allow for the construction of right and left turn lanes. These turn lanes will allow for the safe turning movements of the large truck and auto traffic that is anticipated to access this development. This section of the Development Agreement requires the developer to construct the turn lanes at his own expense. The developer conveyed to staff that this was cost prohibitive for this development and indicated a desire to amend the Development Agreement to remove this requirement. It is staff's assertion that this requirement is essential to ensuring safe turning movements of the large auto and truck traffic that will be accessing this site from Ocoee-Apopka Road. Deleting this requirement could potentially increase the risk of accidents in the vicinity of this project, and could cause the potential for unwarranted traffic congestion on Ocoee-Apopka Road, since the large vehicles accessing the development will necessitate more time and maneuvering area than a conventional automobile. WAIVER REQUESTS: The applicant has requested five waivers from the requirements of the Land Development Code. Per the requirements of Section 6.14 of the Land Development Code, the City Commission will take action on each waiver request. Below is a discussion of the five waivers that are being requested. The applicant has justified all waiver requests by dedicating 3D-feet of right-of-way along the portions of the property along Ocoee-Apopka Road. The first waiver that is being requested is to Section 6.14.C(3)(a) of the Land Development Code. This section of the Land Development Code requires shade trees to be a minimum of 3 to 3.5 inches diameter breast height. The applicant has requested a reduction of this requirement to reduce the size of the required shade trees in the rear portion of the site to a size ranging from 1 to 1.5 inches diameter breast height based on reasoning that this area of the site is isolated from the public in a gated secure area. The second waiver that is being requested is to Section 6.14.C(2)(b)(1) of the Land Development Code. This section of the Land Development Code requires a 25-foot wide landscape buffer along Ocoee-Apopka Road. The applicant has requested to reduce this buffer to 15-feet in width in exchange for planting 75-percent of the buffer area with shrubs and groundcover. The third waiver that is being requested is to Section 6.14.C(2)(c)(1) of the Land Development Code. This section of the Land Development Code requires 3 understory trees per 100 lineal feet in landscape buffers that are required between parcels. The applicant is requesting a waiver to this requirement to eliminate the required understory trees in the rear portion of the site based on reasoning that this area of the site is isolated from the public in a gated secure area. Shade trees measuring 1 to 1.5 inches diameter breast height will be provided in the affected buffers. 2 The fourth waiver that is being requested is to Section 6.14.C(2)(d) of the Land Development Code. This section of the Land Development Code requires 1 tree to be provided for each 4 parking spaces provided on site. The applicant is requesting an elimination of this requirement in the parking area for the RV's and boats based on reasoning that this parking area will consist of grass, not asphalt. The fifth waiver that is being requested is to Section 6.14.C(2)(m)(iv) of the Land Development Code. This section of the Land Development Code requires all electric, cable, and telephone lines located on-site and internal roadways to be buried underground. The applicant is requesting a waiver to this requirement to allow the existing electric, cable, and telephone lines along the Ocoee-Apopka Road right-of-way to remain above ground based on estimates that conclude under grounding these utilities are cost prohibitive related to construction of this project. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on November 28, 2007 and reviewed the Preliminary / Final Site Plan, and to consider the request to amend the Development Agreement for the subject property. The applicant was notified of outstanding concerns on the plans from the Planning Division, the Engineering Department, and the Legal Department. It was additionally conveyed to the applicant by the Police Department that the gate at the south side of the entrance to the storage area should be shifted further south to allow for additional turnaround area for vehicles that may not be able to access the site in certain circumstances. The DRC then considered the applicant's request to amend the sections of the Development Agreement as outlined above in the discussion section of the staff report. The DRC voted to support the amendments to Sections 4, 6(C), and 7(8) for this project only, and stipulated that if a different or more intense use was to be developed on the surrounding properties or this property, then these sections of the Development Agreement would be applicable. The DRC voted not to support the request to amend Section 3 based on concerns that this requirement is essential to ensuring safe turning movements of the large auto and truck traffic that will be accessing this site from Ocoee-Apopka Road. The City's traffic consultant has recommended that a left turn lane be constructed on Ocoee-Apopka Road at the project entrance for safety reasons. The applicant requested the City Commission consider the amendments to the Development Agreement, and indicated their intention to develop the property in accordance with the decision reached by the City Commission. No additional concerns were addressed. The DRC voted unanimously to recommend approval of the Preliminary / Final Site Plan date stamped November 29, 2007, including all five waiver requests, subject to the satisfaction of the outstanding concerns being resolved prior to the plans being presented to the City Commission, and subject to the property being developed in accordance with Section 3 of the Development Agreement, which requires the developer to construct right and left turn lanes leading into the development from Ocoee-Apopka Road. The DRC additionally recommended that the amendments to Sections 4, 6(C), and 7(8) are for this use only, and if a different or more intense use was to be developed on the surrounding properties or this parcel, then these sections of the Development Agreement would be applicable. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission held a public hearing on December 11, 2007 to consider the Preliminary/Final Site Plan and the request to amend the Development Agreement for West RV and 80at Storage. Staff's presentation encompassed elements of the Preliminary/Final Site Plan such as the dedication of a 30-foot cross- access easement along the frontage of the property, the five waiver requests, and the request to amend Sections 3, 4, 6(C), and 7(8) of the Development Agreement. After staff's presentation, the applicant made a brief presentation concentrating on the request to eliminate the requirement of Section 3 of the Development Agreement, which requires the construction of turn lanes leading into the property. Following this presentation, the members of the Planning & Zoning Commission debated the merits of deleting Section 3 of the Development Agreement. 3 ,------ Following the deliberations, the members of the Planning & Zoning Commission voted 4-1 with one member abstaining to approve the Preliminary/Final Site Plan for West RV & Boat Storage, including all five waiver requests, and the amendment to the Development Agreement including the deletion of Section 3, and amending Sections 4, 6(C), and 7(B) for this use only, with the condition if a different or more intense use is to be developed on the surrounding properties or this parcel, then these sections of the Development Agreement would be applicable. STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commissioners approve the Preliminary / Final Site Plan for West RV & Boat Storage, including all five waiver requests, and subject to the property being developed in accordance with Section 3 of the Development Agreement, which requires the developer to construct right and left turn lanes leading into the site from Ocoee-Apopka Road. Additionally, staff recommends approval of the amendments to Sections 4, 6(C), and 7(B) for this use only, and if a different or more intense use is to be developed on the surrounding properties or this parcel, then said sections of the Development Agreement would be applicable. ATTACHMENTS: Location Map Renaissance Planning Group Comments Amendment to Development Agreement for 850 Ocoee-Apopka Road Final Subdivision / Final Site Plan for West RV and Boat Storage date stamped November 29, 2007 FINANCIAL IMPACT: None. TYPE OF ITEM: (please mark with an "x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda ~ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A X N/A N/A 4 '---- West RV & Boat Storage Location Map ~1; ~~ 8 n dEl AS~S ~ \\ l ~ I - .L.- c=rmrH 1 WI 1 m 111]11 1 H1~ 1 \ \ \ Tll I \ \ \ P"rm ITITTIlIIIIIJ 11 1-1 rT IT\ \ \ \' 5Iil ~ ITDJ illll\1i 11 IT ~~[II@j [ affiiJJ @HI] [E~ ~ 1 1IIIAIIH!~11 DlnnE FlT -(II I I I iIiJ ;::= ~- ,- ~::: I = f----;-;-;-\, J. ,r = r-- J4RS\. N ~ ::ri == - - / TL I DlUI'<INI 11-1 I ~ I II 11+ I r-.. r- f- I [ lTTT _ '- III ITTl If rr w f-- II III T ~ ~ ......:= Bm5J III 1bij 1 D' r- Il~r:a~~~M .> ~ " DO ~tp~~ I~J~ REJ:j8 :\ Ir::n<-- , n ~ r II I ~ i= I It t:L 0Iffi~ -~ ~ IT ~ STATERDAD'38 F ~EBNBm J ~I-\ ~~ =s- L 18~~CE!m ~~KESTARKE -c '~ ? ,,~OOlb1abmtIlb\ T '~ C == 6J rnm LIiJ,tHD.. , W::: ~Ijj FlIJ m~ , n=TI~LEtItj 1\ 111\111~y/ - - ,----- 1== f-- ~. - - ~ '-- ~ ..---- - - 0"> N """ ~ 0:: W !;t ~ - r I~ I- - ~ e RENAISSANCE PLANNING GROUP 100 Et.1St Pine Strect, Si'f;';- ,40 OdCrhJOl floddc.l 32S01 . phone:407--487..(J061 ,~ fCJx: 40'7'--487...0058 November 26, 2007 Mr. Russ Wagner, AICP Planning Director City of Ocoee 150 North Lakeshore Drive Ocoee, FL 34761 Subject: West RV & Boat Storage, 3rd Staff Review Ocoee Project No. LS-2005-013 Dear Mr. Wagner: At your request, Renaissance Planning Group has reviewed the referenced site plan, dated received October 30th, 2007, regarding traffic operations and concurrency issues. [Repeat comment] The trip generation will not trigger turn lanes, though based on the posted speed of Ocoee-Apopka Road (45 mph) a center turn lane is needed, and required per Orange County Code. The vehicles associated with the property will require more time to cross the southbound traffic to enter the property without holding up northbound traffic. Also for vehicles exiting the property they need an acceleration / refuge lane to allow the recreational vehicles and trailers to get up to speed before entering the flow of traffic. Ocoee-Apopka Road is a two lane road with a posted speed of 45 mph, the proposed RVand Boat storage will generate slow moving vehicles and trailers, the recommendations are to keep vehicles entering and exiting out of the flow of traffic while turning to preserve the safety of the road. Thank you for the opportunity to comment on this submittal. If you have any questions, please call. Sincerely, ~cfr Nick Lepp, AICP Sr. Transportation Planner Renaissance Planning Group FOLEY & LARDNER LLP DRAFT [January 29, 2008] THIS INSTRUMENT PREPARED BY Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando. FL 32802-2193 (407) 423-7656 PLEASE RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 K Lakeshore Drive Ocoee, FL 34751 For Recording Purposes Only FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (WEST - 850 OCOEE APOPKA ROAD) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment") is made and entered into as of the _ day of , 2008, by and between RALPH V. HADLEY III, as Trustee under land trust dated the 6th day of February, 2002, whosemailingaddressis103lW.MorseBlvd..Suite 350, Winter Park, Florida 32789, (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, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Owner and City entered into that certain Development Agreement (the "Development Agreement") dated November 18, 2003 and recorded April 5, 2004 in Official Records Book 7374, Page 2859, Public Records of Orange County, Florida (the "Development Agreement"); and WHEREAS, of even date herewith, the Ocoee City Commission approved, subject to the execution of this Amendment, that certain Preliminary/Final Site Plan for West RV and Boat Storage, as prepared by and being dated stamped as received by the City on , with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting (collectively, the "Final Plan"); and WHEREAS, the Final Plan relates to the development of the Property (as defined in the Development Agreement"); and WHEREAS, in connection with the City's approval of the Final Plan, the Owner and the City have agreed to amend the Development Agreement as set forth herein. ORLA_670011.1 NOW, THEREFORE, in consideration of the mutual premises contained herein, and other good and valuable consideration, 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 this reference. Section 2. Capitalized Terms. All capitalized terms used herein shall be as defined in the Development Agreement, unless otherwise indicated or defined in this Amendment. Section 3. Median Separators. Notwithstanding Section 4 or any other provision of the Development Agreement to the contrary, the Owner shall not be required to construct raised median separators within Ocoee-Apopka Road in connection with the development of the Property in accordance with the Final Plan. The foregoing shall apply only to the extent the Property is developed in accordance with the Final Plan. To the extent the Property or any adjacent parcel is developed as a different use, the Owner shall be required to construct the raised median separators in accordance with the Development Agreement. Section 4. Drainage Canal. Notwithstanding Section 6(C) or any other provision of the Development Agreement to the contrary, the Owner shall not be required to install drainage pipes to enclose the existing drainage ditch fronting the Property in connection with the development of the Property in accordance with the Final Plan. The foregoing shall apply only to the extent the Property is developed in accordance with the Final Plan. To the extent the Property or any adjacent parcel is developed as a different use, the Owner shall be required to install drainage pipes to enclose the existing drainage ditch fronting the Property in accordance with the Development Agreement. Section 5. Septic Tank. Notwithstanding any prOViSIOn of the Development Agreement to the Contrary, a septic tank will be permitted on the Property, as shown on the Final Plan, until such time as City sewer service becomes available to the Property. Within 180 days of City sewer service becoming available to the Property, the Owner shall connect the Property to the City's sewer system and remove the septic tank from the Property. Section 6. Effective Date. The Effective Date of this Amendment shall be the date that the last of the parties hereto has executed the same and such date shall be inserted on the first page of this Amendment. Section 7. Ratification of Prior Agreements. Except as expressly modified herein, the Development Agreement shall remain unchanged and in full force and effect. [Signature Page Follows] 2 ORLA_670011.1 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 in the presence of: OWNER: Print Name RALPH V. HADLEY III, as Trustee Print Name 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 RALPH V. HADLEY, as Trustee under land trust agreement dated the 6th day of February, 2002, who L] is personally known to me or L] produced as identification, and that he acknowledged executing the same 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 , 2008. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Comm ission Expires (if not legible on seal): 3 ORLA_670011.1 CITY: CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this _ day of ,2008. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2008 UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP 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 V ANDERGRIFT and BETH EIKENBERRY, 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 ,2008. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): _ 4 ORLA_670011.1 Copy of Public Hearing Advertisement Date Published Orlando Sentinel THURSDAY, JANUARY 24. 2008 F~ \- Advertisement cm OF OCOEl NOTICE OF P\IBUC HEARI'tfr. PRWM/NAIIY1I'L SITE P , WEST RV . BOAT STORAGE CASE N~MBERS: 1.S-2Gl5-OI3 NonCE IS HEREBY GIVEN. p~r' suant to Article IV. Section 4-3. A. Ocaee Land Develop- ment Code. that an Tues- day. FEBRUARY 5h 2U08. II 715 p.m.. or. as 5<lf~J 8tij~Vetl~i ~Oa will hold a PUB. UC at the Ocoee City' , Comml n Chambers.. 150 North Lakeshare Drive. Ocoee; Florida. to can~ld~r, the Large .Scale Prellml- 'I nary/Final Site Plan for West RV & Boot Storage lo- cated an the west side of ocaee-Apapka Rood approx- imatelY 2800 feel north of Palm Drive. I nterested parties may 9P- pear -at the publiC hearing and be heard with. respect to the proposed actions. The complete case file may, be inspected at the ocaeet \ Cammllnit . Develapmen. Department/Planning D. ivt,h- sion located at 150 Nor Lakeshore Drive. Ocoee. 1 Florida between the hours, of 8:00 a.m. ond 5:.00 p.m.. Monday through Fnday. ex- cepJ legal holidays. The Citv Commission TT1ay continue the publiC hearing to other dales and times.. ps it deems necessary. Any 'dn- terested party shall b.e a - vised of the dates. tl['les. and places of onv continua- tion of these or continued publiC hearings. Anv cont'"d ~~~f~~ f~~~1~~aar~~~~nq~d no further notices regarding these matters wi II . be PUhbt- IIshed. You are adVIS~ t a 011'/ person who deSires to I appeal anv decisio!, maejle,' at lite public hearing WI ' need a record of th.e pro~ ceedings and for thiS pur- pose may need to ensure thai a verbatim record g' t.:'Mrpn~1~3~~~fiei~e~i~ci- nv and evidence upOn which the ap~eal is based. Per- sons With disabilities. ~eedt- ing assistance to partlCl1?<' e in anv. of these proceedl~gS should contact the Cltv Clerk's Office 48 ho~rs In advance of the meeting at 407-905-3105. Beth Eikenberry. City Clerk OLS604871 ln4lQll NnTIr.Ji m: PIInr.~mINC~. AlR VA.