HomeMy WebLinkAboutItem #07 Shoppes at West Oaks
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AGENDA ITEM STAFF REPORT
Meeting Date: April 1, 2008
Contact Name:
Contact Number:
Item #
Antonio Fabre, AICP@
407 -905-3100/1 019
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Reviewed By:
Department Director:
City Manager:
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Subject: Shqppes at West Oaks
Preliminary/Final Site Plan
Project # LS-2007 -013
Commission District # 2 - Scott Anderson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Preliminary/Final Site Plan for the
Shoppes at West Oaks?
BACKGROUND SUMMARY:
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The subject site is approximately 8.46 acres in size and is located on the south side of W. Colonial Drive
(SR 50) approximately 580 feet west of Good Homes Road and just east of Vizcaya Lake Road. The site
itself is currently undeveloped and sparsely covered with a mixture of orange trees, chinaberry trees, palms
and other varieties of trees scattered around the property. There are no wetlands on the site and the site is
outside the 1 OO-year floodplain.
The adjacent land use to the north is developed as a commercial shopping center (Good Homes Plaza)
zoned C-2. Located on the east is a vacant undeveloped lot zoned A-1 in unincorporated Orange County.
This eastern parcel is currently going through a commercial development proposal (West Side Place) via
Orange County's jurisdiction. To the west is an existing multi-family development (Vizcaya Lake
Apartments) zoned PD in unincorporated Orange County. To the south is developed as a Church and
Christian Academy facility (First Baptist Church of Central Florida) zoned A-1 in unincorporated Orange
County.
The Future Land Use designation for the site is Commercial. The property is zoned Community
Commercial (C-2), which permits development and construction of the proposed use. Therefore, the
requested use is consistent with directives of the Comprehensive Plan.
DISCUSSION:
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The Preliminary/Final Site Plan is proposed to be constructed in four phases. Phase I is programmed to be
a one-story Grocery Store (Aldi Supermarket) consisting of 16,527 square feet. Phase II is proposed to be
a Retail Building consisting of 27,363 square feet that will be attached to the Grocery Store. Both the
Grocery Store and Retail Building will be setback from SR 50. All infrastructure needed for Phase I & II will
be developed at the same time. Phase III & IV will consist of two commercial establishments that are
proposed to front along SR 50. Both developments will be reviewed and approved as small-scale site
plans. One establishment is projected to be a 4,052 square feet financial bank with a drive-thru. The other
is designed as a Restaurant with a drive-thru consisting of approximately 3,870 square feet.
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The developer/owner has requested that the main entrance to his site be a full access with an additional
access on the eastern boundary of the site that will be a right-in/right-out only. Both access driveways are
proposed to connect to SR 50. The full access into the site is inconsistent with the adopted "Access
Management and Intersection Operations Study" for SR 50. The other secondary right-in/right-out access
is consistent with the City's adopted "Access Management and Intersection Operations Study" for SR 50.
The Applicant has submitted a copy of a Notice of Intent to issue a connection permit from the Florida
Department of Transportation (FOOT) for the subject driveways (see attached Notice of Intent to Issue
Permit). It should be noted that the NOI is a conditional connection permit and subject to City development
plan approval. This permit is also in conflict with the future widening/median improvements planned by
FOOT.
State Road 50 is programmed to be widened to 6 lanes in the future. The FOOT widening Construction
Plans for SR50 has planned an uncut divided median along the entire subject site frontage. Therefore, this
median will limit the future access to the subject site as right-in right-out only. The closest full access
planned will be at the Vizcaya Lake Road intersection. The FOOT widening improvements (currently
unfunded) are projected in the 5 to 6 years capital improvement plans. The representatives of the
development site are aware of the FOOT future widening median plans.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 28, 2008 and reviewed the Preliminary/Final
Site Plan. There were several technical issues to be addressed from the City Attorney, Planning, and
Engineering that were identified in written staff comments and presented verbally. All of the issues were
discussed and a few minor changes to the Plan were agreed upon.
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Discussion ensued regarding the requirement of a water feature on site. Staff informed the Applicant that
there will need to be an off-setting public benefit for the waiver request. The Applicant discussed using a
decorative retaining wall with landscaping and submitting a waiver request. Staff has agreed that the
Applicant should forward this waiver request to the Commissioners for their formal consideration and
motion.
The City Attorney notified that cross-access will be required with the properties to the east & west.
Essentially, the Developer/Owner would grant cross-access easements for the adjacent properties and the
adjacent owners would have to connect in the future. The Applicant raised concerns that the neighboring
property to the east would benefit most from the project's road improvements without any cost-sharing on
their part. The City Attorney informed that the property to the east is not in the City's jurisdiction and
therefore not capable in enforcing a cost-sharing agreement with the adjacent developer. The Applicant
was informed that they can always pursue some sort of cost-sharing agreement with the adjacent
developer.
The City Attorney advised that the City Commission cannot approve a Site Plan that is inconsistent with the
SR 50 Access Plan since it is part of the Land Development Code. The Applicant asked about the City
Commission changing the LDC Access Management Plan. The Applicant was informed that any changes
to the LDC must be initiated by the City Commission and ultimately amended by an Ordinance. Staff
further commented that requesting a waiver would be hard to approve since the access they are proposing
would not be better than the access in the adopted Access Management Plan. Staff also mentioned that
the Saturn Auto Dealership project was formerly approved on this site with directional lefts. The Applicant
asked if Good Homes Plaza was built prior to the Access Management Plan. The answer was, yes. The
Deputy Police Chief spoke about the current vehicular problems (2 fatalities) that have occurred in this
segment of SR 50.
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The Applicant was made aware that Staff will not support an amendment to the LOC's '~ccess
Management and Intersection Operations Study" for SR 50. However, Staff can recommend approval
for the Site Plan with proper median separators and turnlanes for the directional lefts consistent with the
Access Management Plan. Ultimately, the plans will need to be revised to show the median separators and
turnlanes for the directional lefts.
When the discussion was finished, the ORC voted unanimously to recommend approval of the
Preliminary/Final Site Plan as date stamped "Received February 18, 2008", subject to meeting the Access
Management Plan, the developer making changes specified in the staff review memorandums, issues
discussed in this meeting, and incorporating the waiver request into the proposal as discussed.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Preliminary/Final Site Plan for Shoppes at
West Oaks on March 11, 2008. City Staff presented a brief overview of the Preliminary/Final Site Plan. City
Staff answered several questions regarding access into the site, SR 50 future widening, turn lanes, and
cross-access on the adjacent properties. All of these questions were adequately addressed in the P&Z
meeting.
The Public Hearing was opened for the Preliminary/Final Site Plan for Shoppes at West Oaks. There was
no one from the public to speak regarding this project. The applicant (represented by Mr. Scott Glass)
mentioned that the required Water Feature will be installed and that there will be no need for a waiver
request for that particular item. The Applicant also requested that a "Waiver" should be considered instead
of amending the "Access Management and Intersection Operations Study" for SR 50 by an "Ordinance".
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The Applicant proposed that the project should be approved with a full access at the main entrance as
presented with the understanding that it will be temporary until a traffic light at the Vizcaya Lake Road
intersection is constructed. Furthermore, he mentioned that the developers are diligently working with the
adjacent Church and the Vizcaya Lake Apartments owners in order to ensure cross-access onto Vizcaya
Lake Road, vacation of Woodlawn Cemetery Road, and the ultimate construction of the traffic light at
Vizcaya Lake Road intersection. To this goal, the Applicant is working on a developer's agreement
between all affected parties to facilitate the improvements of the signalization of Vizcaya Lake Road
intersection.
The P&Z raised concerns on the timing of this traffic light improvement. The Applicant stated that the
developer's agreement can incorporate a condition to "Post a Bond" if the deadline for signalization does
not happen then the main entrance access into the site would convert to directional lefts or right in/right out
only. The P&Z Commissioners were also concerned with the length of time that the project would be
operating with a full opening due to potential traffic safety aspects. Some of the P&Z Commissioners were
comforted by the fact that FOOT must have reviewed it for traffic safety due to their issuance of an NOI for
the project.
The City Attorney suggested that a separate motion should be made to separate the project's official
recommendation from the issue of advising the City Commission to direct Staff to prepare an Ordinance for
amending the "Access Management and Intersection Operation Study".
After finishing its deliberations, the Planning & Zoning Commission voted:
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Vice Chair Golden, seconded by Member McKey, moved to recommend approval of the Preliminary/Final
Site Plan for Shoppes at West Oaks, subject to the following conditions: 1) approval of the Waiver
pertaining to the required Water Feature, 2) completion of Staff's comments, mentioned in this staff report,
before City Commission action, and 3) incorporating proper raised median separators and turn lanes for
the directional lefts consistent with the adopted "Access Management and Intersection Operations Study"
for SR 50. Motion failed 3-6 with Members Campbell, Conklinq, Rhodus, Sills. Dillard. and Chairman
West opposinq.
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Member Sills, seconded by Member McKey, moved to recommend approval of the Preliminary/Final Site
Plan for Shoppes at West Oaks, subject to the following conditions: 1) approval of the Waiver pertaining to
the required Water Feature, 2) completion of Staff's comments, mentioned in this staff report, before City
Commission action, 3) add a waiver table with justification to the plans, 4) add a condition of approval that
the full access is temporary and will be removed upon the of signalization of the Vizcaya and Cemetery
Road intersection or within (Blank) months, 5) developer will post a bond with amount to be determined so
that if the deadline for signalization does not happen then it would then convert to the directional left and
right in/right out, and 6) all mentioned conditions above would be put into a developer agreement to be
signed by the developer and approved by the City Commission. Motion carried 7-2 with Member ConklinG
and Vice Chair Golden opposinG.
The City Attorney requested that another motion be made for the possible Amendment to the "Access
Management and Intersection Operation Study" for SR 50 by Ordinance.
Member Sills. seconded bv Member McKev. moved to recommend a consideration of chanGe to the
"Access ManaGement and Intersection Operation Studv" to provide for the full access point. Motion
carried unanimouslv.
After the Planning & Zoning Commission meeting, the Applicant has submitted another
Preliminary/Final Site Plan (date stamped March 19, 2008) which addresses several of Staff and
P&Z concerns. However, several concerns from Staff were incorporated on revised memorandums
which are attached for your review. In addition, the site plan also incorporates a Waiver Request
Table. The Waiver Request Table is copied in this Staff Report for your review and consideration:
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CODE SECTION CODE REQUIREMENTS PROPOSED STANDARDS JUSTIFICA TION
Land Development Compliance with SR 50 A full motion access will be Traffic conditions have
Code, Section 6- Access Management provided temporarily, to be significantly changed such that a
2.1, A. Plan Provision for closed or replaced with directional left is no longer a
directional left median directional left median cut practical method of advancing the
opening at western upon the installation of: a AMP's [Access Management
driveway. Traffic signal on SR50 to Plan] Primary safety goal. The
serve property, or 30 property on the SWC of Good
months from date of Site Homes Road has been changed
Plan Approval, whichever from institutional to commercial.
comes first. If signal is Therefore, traffic from the existing
installed, full access will be growth has been heavier than
converted to right-in right- anticipated, and vehicles traveling
out only. If no signal is west from surrounding properties
installed, directional left will risk unsafe lane changes and u-
be provided. turns. This situation would be
mitigated with installation of a
traffic signal at a single access
point. Likewise, a signalized
intersection with pedestrian
crosswalks would substantially
further the AMP's safety goal.
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. STAFF RECOMMENDATION:
Per LDC, Article VI, Section 6-2.1, B, the City will consider individual requests for waivers from the
provisions of the Study, or any portion thereof, in conjunction with the review and approval of a preliminary
or final site plan application. In order to obtain a waiver from the Study, the "Burden of Proof' shall be on
the applicant to affirmatively allege and demonstrate that:
1. Traffic conditions have changed significantly such that the recommended improvements are now
technically impractical or not feasible;
2. Conformance with the guidelines of the Study will not improve traffic flow and safety within the Study
Area;
3. Another traffic configuration/ improvement will be more effective in improving traffic flow and safety
within the Study Area; and/or
4. Alternative Traffic Management methods will be used by the applicant to achieve the goals, objectives
and standards set forth in the Study.
The City ultimately will need to study a segment of the road between the West Oaks Mall and Good Homes
Road to be conducted by a State of Florida registered traffic engineer (See attached RPG letter) in order to
analyze and evaluate the criteria mentioned above. Therefore, it is Staff determination that the applicant
has not demonstrated the "Burden of Proof' necessary to obtain a waiver from the provisions of the Study.
Based upon the recommendation of ORC, Staff recommends that the Mayor and City
Commissioners approve the Preliminary/Final Site Plan for Shoppes at West Oaks, subject to the
following conditions:
. a. Completion of Staff's comments, mentioned in this staff report;
b. Deletion of the Waiver Request from the provisions of the "Access Management and
Intersection Operations Study" for SR 50;
c. Incorporating proper raised median separators and turn lanes for the directional lefts
consistent with the adopted "Access Management and Intersection Operations Study" for
SR50.
Attachments:
Location Map
FLU Map
Zoning Map
Aerial Map
City's Consulting Transportation Planners (RPG) Letter dated March 20, 2008
City Attorney Memorandum dated March 3, 2008
Planning Division Memorandum dated March 21, 2008
Engineering Department Memorandum dated March 25, 2008
Proposed State Highway Access Connection Notice of Intent to Issue Permit w/out enclosures
Shoppes at West Oaks Preliminary/Final Site Plan date-stamped March 19, 2008.
Financial Impact:
. None.
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Type of Item: (please mark with an "x'!
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deot 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
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Shoppes at West Oaks
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_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
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Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
Iiiii Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
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RENAISSANCE PLANNING GROUP
Mr. Russ Wagner, AICP
Planning Director
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
March 20,2008
Subject:
Shoppes at West Oaks, State Road 50 Access proposal
Ocoee Project No. LS-2006-005
Dear Mr. Wagner:
Renaissance Planning Group has reviewed the request to allow a full access driveway on State
Road 50 west of Good Homes Road directly across from the entrance to Good Homes Plaza.
This location has been identified for directional left turns in the City of Ocoee State Road 50
Access Management Plan (1998). The directional left allows eastbound traffic to make a left
into the Good Homes Plaza and westbound traffic to make a left into the proposed project to
the south (Shoppes at West Oaks). Based on the analysis done in the State Road 50 Access
Management Plan this location does not meet spacing requirements for a signalized intersection
according to the Florida Department of Transportation (FDOT) standards, and due to the
volume of State Road 50 and the delay at the Good Homes Road intersection full access was
not recommended at this location to maximize the capacity between Good Homes Road and
the West Oaks Mall.
We recommend the applicant's traffic engineer conduct a study of segment of road between
the West Oaks Mall and Good Homes Road, and specifically the proposed access point to
determine the appropriate access management control under current conditions. The
analysis needs to also include: historical accident information, back of queue observations
and travel speed in both directions.
Thank you for the opportunity to comment on this submittal, we reserve the right to comment
further in any changes impact the traffic impact analysis or site plan. If you have any questions,
please call.
Sincerely,
Nick Lepp, AICP
Sr. Transportation Planner
Renaissance Planning Group
\ \snap 1 \sharel \Projects \Ocoee \Reviews \Shoppes at West Oakes \Sprev 1.doc
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:FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0838
TO:
Sherry Seaver, Development Review Coordinator
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
March 3, 2008
RE:
Shoppes at West Oaks - REVISED Per DRC Meeting
Project No. LS-2007-013
(DRC Review)
documents:
In connection with the above-referenced project, we have reviewed the following
1. Transmittal letter from Interplan LLC dated February 18, 2008 and stamped
received by the City ofOcoee on February 18,2008; and
2. Preliminary/Final Site Plan for Shoppes at West Oaks stamped received by the
City of Ocoee on February 18,2008 (the "Plan").
This memorandum supersedes our previous memoranda dated June 28, 2007,
November 7, 2007, January 31, 2008 and February 25,2008. Based upon our review of the
documents noted above and pursuant to the Land Development Code, we have the following
comments:
I. Comments Directed to Citv Staff
The following comments are addressed to and/or request direction from City Staff
and, unless otherwise noted, do not require any response from the Applicant. These comments
should be discussed at TSRC so that the Applicant and City Attorney are fully advised regarding
City Staff's direction.
1. City Staff has advised that the proposed full access point from SR 50 to the
project, as shown on the Plan, is inconsistent with the City's State Road 50 Access Management
Plan (the "SR 50 Access Plan"). It is our understanding that the SR 50 Access Plan allows for a
directional left access point at the proposed location, but does not allow for a full access point.
This is consistent with the prior approval granted to Saturn for development of the property. The
ORLA_808817.2
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FOLEY & LARDNER LLP
City Commission cannot approve a site plan that is inconsistent with the SR 50 Access Plan .
since it is part of the Land Development Code. To the extent the City Commission desires to
amend the SR 50 Access Plan to allow for a full access point, as shown on the Plan, the City
Commission would need to direct City Staff to prepare and properly advertise an appropriate
ordinance, which would then be considered at advertised public hearings before the Planning and
Zoning Commission and City Commission. It is our understanding that City Staff would oppose
such a request. While the Land Development Code references that the SR 50 Access Plan may
be amended by resolution, we have previously advised City Staff that an ordinance can only be
amended by the adoption of an ordinance. This is the procedure that was followed for the
proposed "BJ's" west of Colony Plaza where the developer requested that the City Commission
initiate an amendment to the Land Development Code so that the proposed project would be
consistent with the SR 50 Access Plan.
II. Repeat Comments
The following comments were included in the City Attorney's prior memorandum,
however, they were not fully addressed as part of the Applicant's current submittal. The
following comments may also relate to prior comments provided by other City Departments that
were notfully addressed as part of the Applicant's current submittal.
2. [Revised Comment] A list of Conditions of Approval ("COA's") was provided
with the City Attorney's prior review memoranda. We note that Sheet CO of the Plan has been
revised to include the COA's that were provided (except as noted in Comment No.5 below), .
however, the list contains typographical errors. Specifically, please revise the COA's on Sheet
CO of the Plan as follows:
a. Revise COA No.2 to correct the spelling of the word "or" in the 5th line.
b. Revise COA No. 13 to correct the spelling of the word "easement" in the
4th line.
3. [Repeat Comment] Please revise all Plan Sheets (including the Survey) to clearly
show and label both Vizcaya Lake Road and Woodlawn Cemetery Road. We note that the
Survev has not been revised in accordance with the foregoing comment. Please revise the
Survev accordingly.
4. [Repeat Comment] We note that the Survey indicates that there are eXIstmg
easements located on the property. It appears that these easements are in favor of Progress
Energy. Please advise as to the status of any discussions with Progress Energy regarding the
termination of these easements and relocation of its facilities. Please provide documentation that
these easements have been terminated or correspondence from Progress Energy (or other
easement holder(s), as applicable) indicating that the easements are in the process of being
terminated. In addition, please provide a current title report or attorney's title opinion (the "Title
Report") identifying the record owner(s) of the property, and listing all mortgages, easements
and/or other encumbrances affecting the subject property. Please note that the Title Report must
reference the same legal description set forth on the Survey. In addition, please provide copies .
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ORLA_808817.2
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:FOLEY
FOLEY & LARDNER LLP
of all documents referenced in the Title Report. At the February 14, 2008 TSRC meeting, the
Applicant agreed to provide (i) documentation from Progress Energy indicating that the
existing easements are being terminated, and (ii) the Title Report. Please be advised that
the City Attorney has not received either of these items. Please provide these items for our
review.
III. Comments in Response to New Plan
The following comments are based on changes made to the Plan since the
Applicant's prior submittal(s) or relate to new information or documents that have been
provided since the Applicant's prior submittal(s).
5. We note that COA No. 34 on Sheet CO of the Plan has been deleted. This COA
was added to the Plan based on the Applicant's previous Response Letter, dated September 21,
2007, which stated that "the property will not be subdivided." (See Comment No.7 from the
City Attorney's November 7, 2007 review memorandum). Please be advised that the
conveyance of any portion of the property without proper Subdivision Plan and Plat approval in
accordance with all City requirements shall constitute an illegal subdivision in violation of the
Ocoee City Code. Pursuant to discussion with Ashley Rumble, we have been advised that the
deletion of COA No. 34 was an inadvertent error. Accordingly, please revise the Plan so that
COA No. 34 reads as follows:
The property shall be developed as a single, integral parcel and be
retained under common ownership. The property shall hereinafter
remain as a single, integral parcel, and shall not be sold, otherwise
disposed of, or encumbered in lesser constituent parcels, unless
same are dedicated to the public, or with the written consent of the
City of Ocoee.
6. Pursuant to discussion at the February 14, 2008 TSRC meeting, please revise
COA No. 35 on Sheet CO of the Plan to read as follows:
In the event the City requires cross access between the Property
and (i) the lands located to the west of the Property, identified by
Orange County Tax Parcel ID No. 21-22-28-6328-00-180 (Viscaya
Lakes Apartments) and/or (ii) the lands located adjacent to the
eastern boundary of the Property, identified by Orange County Tax
Parcel ID No. 27-22-28-4880-00-031, the Owner hereby agrees to
grant a cross access easement benefiting such lands in exchange
for the owner thereof granting a similar easement that benefits the
Property. The form of the easement document(s) establishing the
cross access easement(s) must be in a fonn acceptable to the City
and shall include any necessary temporary construction easements
related thereto. The location of the cross access easement shall be
as generally shown hereon. The foregoing shall not require the
,.,
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FOLEY & LARDNER LLP
Owner to construct any cross access improvements other than as
shown hereon.
7. The Applicant has indicated at the DRC that the project would developed in four
(4) phases. Accordingly, please add the following COA's to Sheet CO of the Plan:
a. This project shall be developed in four (4) phases.
b. Each phase of the project will stand on its own with respect to public
services (sewer, water, stormwater management, parking, access and other
related services).
c. Phases III and IV site plans are conceptual only and no site plan approval
is granted with respect thereto. The Developer shall submit separate small
scale site plan applications for Phases III and IV.
If you have any questions regarding this matter, please do not hesitate to call.
cc: Paul E. Rosenthal, City Attorney
ORLA_808817.2
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S. Scott Vandergrift
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
City Manager
Robert Frank
MEMORANDUM
DATE:
TO:
FROM:
SUBJ:
March 21,2008
Sherry Seaver, Development Review Coordinator
J. Antonio Fabre, AICP, Principal Planner
Shop pes at West Oaks - 5th Staff Review
Large Scale Preliminary/Final Site Plan # LS-2007-013
These comments list the concerns of the Planning Division related to the current plan submittal,
received March 19, 2008.
1. [Repeat Comment 6-22-07] If the project is over 50,000 square feet, at least one water
feature with a fountain must be provided at a prominent visual location on the site (LDC,
Article VI, Section 6-14, (1), (I), ii).
Please label the location and provide details for the proposed water feature in
the plans.
2. [Repeat Comment, Modified 6-22-07] The full access point that is located in the center
of the property does not conform with the latest FOOT plan for SR 50.
The full access that is located at the center of the property is inconsistent with
the adopted City of Ocoee SR 50 Access Management and Intersection
Operations (LDC, Article VI, Section 6-2.1, A). This access management study
determined that a directional left was an acceptable access for this location.
Please be advised, this Code requirement will have to be waived first by the
City of Ocoee in order to allow for this project to be approved.
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Mavor
S. Scott Vandergrift
center of Good L' .
~~e 1~1~
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
City Manager
Robert Frank
Shoppes at West Oaks - Final Subdivision Review
Large Scale Site Plan - 4th Staff Review
Engineering Department Comments
March 25, 2008
The following are the results of your fifth submittal for the above referenced project. If you have
any questions pertaining to the requested information, please contact our office.
1.-27 Resolved
Additional comments generated from the September 21, 2007 second submittal of plans
1. Resolved
2. (Repeat Comment) Relocate or add a light just out of the right-of-way at each of the
entrances off SR 50. This will provide sufficient lighting at the entrances off SR 50.Still
Not Provided.
Additional comments generated from the January 4, 2008 third submittal of plans. This
submittal was the first submittal with a connection to City Water and Sewer.
1.-2. Resolved.
3.-8. Resolved
9. (Repeat Comment) The fire line is currently shown to be 6" PVC, the City minimum for
commercial development is 8". Please revise the plans accordingly. Provide fire flow
calculations showing all fire flow demands are met for all buildings and fire hydrants. The
fire main has been resized to an 8" main, however, the fire flow demands for all
buildings and fire hydrants.
10.-12. Resolved
Additional comments generated from the February 18, 2008 fourth submittal of plans.
1.-2. Resolved.
Engineering Department
Ryan P. Howard, P .E.
Engineer II
City of Gcoee. 150 N Lakeshore Drive. Gcoce, Florida 34761
Phone: (407) 905-3100. Fax: (407) 656-8504. www.ci.ocoee.fl.us
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
850-040-24
SYSTEMS PLANNING
06106
.
PROPOSED STATE HIGHWAY ACCESS CONNECTION
NOTICE OF INTENT TO ISSUE PERMIT
Important: This Notice does not authorize construction to begin and is not a final permit.
ALSO NOTE: THIS NOTICE OF INTENT IS ONLY VALID FOR 1 YEAR FROM SIGNING DATE IN PART 6.
PART 1: APPLICANT INFORMATION
APPLICATION 06A593-0100
Project Name: Shoppes At West Oaks
State Road Name/Number: West Colonial Drive/50
Section Number: 75050
~ received
re..jl-J2. -oWl
Maintenance Office: Oviedo Maintenance
Permit Staff Representative
Applicant: Ashley Rumble
Responsible Office: Shoppes At West Oaks, LLC
Mailing Address: 6700 Conroy-Windermere Rd., Suite 2.1 n
Street
Orlando
City
FL
State
32835
Zip
Telephone: (407) 291-9000
PART 2: NOTICE OF INTENT TO ISSUE PERMIT
.
YOU ARE HEREBY ADVISED:
The Florida Department of Transportation has completed its review of the subject connection permit
Application received 12/21/06 for consistency with Rule Chapters 14-96 and 14-97, F.A.C.,
and current Department spacing, location, and design criteria and hereby issues this "Notice of Intent" to:
o Issue the subject permit consistent with the permit Application.
181 Issue the subject permit consistent with the permit Application and subject to the attached
provisions.
IMPORTANT
This notice of intent to issue a oermit does NOT constitute Department permit issuance. The permit will be
issued after the permittee shows proof that a valid local government development approval or development
order has been given to the sites served by the connection and special provisions of the approval consistent
with the permit applications and conditions previously noted.
No connection work on the right of way shall be initiated until the Department permit is actually issued. Any
changes to the site(s) plan will require re-evaluation of the connection(s). This notice is valid for one year,
from the date of issuance, and can only be extended with approval by the Department for problems outside
the control of the applicant pursuant to Rule Chapter 14-96, F.A.C. This Notice of Intent is transferable as
specified only in Rule Chapter 14-96, F.A.C.
.
Continued next page
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85041ll-24
SYSTEMS PLANNING
06106
PART 3: CONDITIONS
.
Conditions to be met before Permit will be issued:
Standard:
1. Development approval from the appropriate local government consistent with the Notice of Intent to Permit;
2. Assurance of performance pursuant to Section 334.187, Florida Statutes (if required);
3. Notification of all known right of way users affected by the connection(s);
4. Compliance with drainage requirements in Rule Chapter 14-86, FAC.
Other Conditions:
-Standard conditions 1, 2, 3 and 4 apply.
-Assurance of Performance required per Rule 14-96.008(3), copy attached.
-Proof of Contractors Liability Insurance required per Rule 14-96.0007(5)(c)6. copy attached.
-Drainage permit is required and must be approved.
.
Use additional sheet if necessary
Continued next page
.
"
,
6SQ.()40-24
SYSTEMS PLANNING
06106
.
PART 4: NOTICE 0
1. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify such
connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway I
System.
2. Transportation Control Features and Devices in the State Right of Way. Transportation control features and devices
in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other
transportation control features or devices in the state right of way, are operational and safety characteristics of the State
Highway and are not means of access. The Department may install, remove, or modify any present or future transportation
control feature or devices in the state right of way to make changes to promote safety in the right of way or efficient traffic
operations on the highway.
PARTS: DEPARTMENT CONTACT
NAME: Ian Middlemas
ADDRESS: 2400 Camp Rd
Oviedo. FL 32765
. PHONE: (407) 977-6530
PART 6: SIGNATURE OF DEPARTMENT AUTHORITY
...
SIGNATURE OF DEPARTMENT OFFICIAL: c- tZ-.--. ~
I
PRINT OR TYPE NAME: Ian Middlemas
PRINT OR TYPE POSITION: Permit Manaoer
DATE: 02/06/2008 PHONE: (407) 977-6530
Continued next page
I
I
.
F DEPARTMENT AUTHORITY
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850-040-24
SYSTEMS PLANNING
06106
.
PART 7: APPEAL PROCEDURES
You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the
foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57
(1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.
57(2), Florida Statutes. You must file the petition with:
Clerk of Agency Proceedings
Department of Transportation
Haydon Bums Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
The petition for an administrative hearing must conform to the requirements of Rule 28-106.201 (2) or Rule 28-106.301 (2), Florida Administrative
Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include
a copy of the Notice, be legible, on 81/2 by 11 inch white paper, and contain:
1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and
identification number of each agency affected, If known, and the name, address, and telephone number of your representative, if any,
which shall be the address for service purposes during the course of the proceeding.
2. An explanation of how your substantial interests will be affected by the action described in the Notice;
3. A statement of when and how you received the Notice;
4. A statement of all disputed issues of material fact. If there are none, you must so indicate;
5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's
proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal
or modification of the agency's proposed action;
6. A statement of the relief sought, stating precisely the desired action you wish the agency to take In respect to the agency's proposed
aclion.
If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and
conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a
written statement for consideration by the Department.
Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by
all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement.
.
Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201 (2)
or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have
waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be
conclusive and final.
End
.
.
.
.
'7
Copy of Public Hearing Advertisement
Date Published
Or ldlAc1D
&'vt-h"V1C \
Ma rc\A
1.0) 1.(1:)~
Advertisement
DF DCDEE
NOTICE PUBUC HWING
SHDPP AT WEST DAKS
PREU IIFINAL SIn PIAN
PH ND,: LS-2lIUl-G13
NOTICE IS HEREBY GIV-
EN, pursuanlla Arllcle IV,
Seclian 4-3, A, (3), (b)'
Ocaee Lana Developmenl
Code, Ihal on TUESDAY, APRIL
t zooa, .t J~5 pm" or as soan
Ihereafler as praclical, Ihe
DCDEE CITY CDMMISSIDN will
hold a PUBUC HEARING allhe
Ocaee Cily Commission
Chambers, 150 North Lake-,
a~~rl~ ~b~~fde~~~~esto~~&
01 Wesl Oaks - Preliminary!
Final Sile Plan localed on ,
Ihe soulh side of W. Colo-
nial Drive (SR 50) appraxi-
molely 580 feel wesl of
Good Homes Road inlersec-
tion.
I nleresled parlies may ap-
pear 01 Ihe public hearing
and be heard wilh respecl
10 -Ihe proposed aclions.
The campleie case file, in-
cluding a complele legal de-,
scriplion by meles and
bounds, may be Inspecled
01 Ihe Ocoee CommunilY
Developmenl Deparlmenl,
150 North Lakeshare Drive,
Ocoee, Florida, belween Ihe
hours of 8:00 a.m. and 5:00
. ~:v';' e~~1al~9~r~~rl~a~~i-
i The Cily Commission may
conlinue the public hearings
10 alher dales and limes, as
it deems necessary. Any in-
leresled parly shali be ad-
vised Ihal Ihe dales, limes,
and places of any canlinua-
lion of Ihese or conlinued
~~el~~ehJaJ~n,1~ihl~~ ~eg~:
ings and Ihal no furlher no-
tices regarding these mat-
lers will be published. You
are advised that any person
who-desires 10 appeal any
decision made during the
public hearings wi Ii need a
record of Ihe proceedings
and for Ihis purpose may
need 10 ensure Ihat a verbo-
lim record of Ihe proceed-
ings is made which includes
Ihe teslimany and evidence
upon which Ihe appeal is
based. Persons with disabil-
ilies needing _assislance 10
parlicipale in any of lhe
proceedin~s should contact
:,~eu~silrn ~a~k~~c~ffd~el~:
meeling 01 (407) 905-3105.
Belh Eikenberry,
Cily Clerk
OLS663231 3I'lO/08
.
.
.
{
Copy of Public Hearing Advertisement
Date Published
Or la.l^-clD
&,,vl.-+'"Vlc.. \
M.a rc\A
1-0 )1, (j.:)g
Advertisement
cm Of OCOEE
N~WA>~ ~B~Jr
PREUMINARYlflNAl SITE PlAN
PROJECT NO.: lS-2lI87..Q\3
NOTICE IS HEREBY GIV.
EN. pursuant to Article IV.
Section 4.3. A. (31. (bl.
Ocoee Lana Development
Code. that on TUESDAY, APRIL
I. 2008. aI 1:15 p.m.. or as soon
thereatter as practical. the
OCOEE CITY COMMISSION will
. hold 0 PUBUC HEARING at the
Ocoee. City Commission
Chambers. 150 North Lake-
~~~rt~ ~6A~fde~~~~eSh~~~g
at West Oaks. Preliminary!
Final Site Plan located on ,
the south.side of W.Colo-
nial Drive (SR SOl approx,-
mately 580 feet west of
Good Homes Road intersec,
tion.
Interested parties may ap-
pear at the public hearing
and be heard with respect
to .the proposed acfions.
The complete case file. in-
cluding a complete legal de-
scription by metes and
bounds. may be inspected
at the Ocoee Community
Development. Department.
150 North Lakeshore Drive.
Ocoee. Florida, between the
hours of 8:00 a.m. and 5:00
p_m.. Monday through Fri-
day. except legal holidays.
The City Commission may
continue the public hearings
to other dates and times. as
it deems necessary. Any in-
terested party shalt be ad-
vised that the dates. times.
and places of any contlnuo-
tion of these or continued
~~~I~~ehJaJ~~1~rt~~ b~eg~:
ings and that no further no-
tices regarding these mat-
ters wilt be published. You
are advised that any .person
who. desires to appeal any
decision made during the
publiC hearings will need a
record of the proceedings
and for this purpose may
need to ensure that a verba-
tim record of the proceed-
ings is made which includes
the testimony and evidence
upon which the appeal is
based. Persons with disabil-
ities needing .assistance to
~~6~~~~~~; ~~o~rJ' c~fnt~~
the City Clerk's Office 48
hours in advance of the
meeting at (407) 905-3105.
Beth Eikenberry.
City Clerk
o LS663231 3120108