HomeMy WebLinkAboutItem #08 Shoppes at West Oaks - Preliminary/Final Site Plan
Meeting Date: April 1, 2008
Item # ~
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: Shoppes 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:
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:
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.
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
FDOT.
State Road 50 is programmed to be widened to 6 lanes in the future. The FDOT 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 FDOT 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.
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.
The Applicant was made aware that Staff will not support an amendment to the LOC's "Access
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
turn lanes for the directional lefts.
When the discussion was finished, the DRC 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".
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:
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.
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 Conklin a
and Vice Chair Golden opposina.
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 chanae to the
"Access Manaaement 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:
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.
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.
There are two options which may serve as basis for staff recommendation of approval of the
Preliminary/Final Site Plan for Shoppes at West Oaks. The first option, based upon the
recommendation of ORC, would require the following conditions:
a. Completion of Staff's comments, mentioned in this staff report;
b. Deletion of the Waiver Request from the pfovisions of the "Access Management and
Intersection Operations Study" for SR 50;
c. Incorporating proper raised median separators and turnlanes fOf the directional lefts
consistent with the adopted "Access Management and Intersection Operations Study" for
SR50.
The second option would be based on conditioning of a development agreement, which the applicant
is in the process of finalizing (draft attached). The development agreement would need to be
conditioned to address the following conditions:
a. A provision that the City be allowed to monitor the safety of the traffic conditions at the points
of access along State Road 50 and close off access should the City determine the need based
upon data collected that identifies a significant safety issue;
b. A provision that requires the applicant to complete a traffic study prior to commencement of
Phase II that demonstrates compliance with the Waiver Request, including securing of a
traffic signal at the proposed intefsection and all other approvals;
c. A provision that requires the applicant to implement traffic calming measures that result in
slower speeds through the area, such as flashing signs, etc.
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.
Draft Development Agreement
Financial Impact:
None.
Tvpe of Item: (please mark with an "x')
X
X
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
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
O:\Staff Reports\2008\SR080022_AF _ShoppesAtWestOaks_PSP JSP.doc
Shoppes at West Oaks
Location Map
. CSCJ 0 c=J c=)
" wCJc=J
DDC]
LAKE LOTTA
LAKE LOTTA
'1
o
m
o
...c
m
0-.
J
~
u
0:
o
<:J
Ro'~d408 =--
c=== S ~8 ~e-=_ :.:.~:- ;~-
~....... --."
-" ---- -::::.:::'=
-- :;;..--
-- -,-
-
- ,.,.-:: ,.. -
..:--- - = =.
e
-- =--
Q.
co
:E
tn (1)
~tn
co=>
0"
.....c
tn co
(1)...1
s: ~
..... ~
co.....
tn ~
(1)LL.
Q.Cl
Q.C
0.-
..c:"
C/)C
~
o
~
~
~
C/)
o
~ ~ ~ \ I
.,g ~ -:t '\ll
CJ) ~ ~ ~
6 ~ ~ ~
.~ ~ J 5 \ (
l~- ~ I \ I~~
_J J \ GO
_ sa-~---~- ~ c::
-- WOH p008-d ---~
o
~
ffi
:t
CI)
~
:5
E
'"
E
a.
o
~
'" - -
o ai ~
i?:'E
.~ i
~!
o
U
'"
~
-0
Q)
.-g
a:
ex:>
o
o
N
..c:
~
(\)
::2:
III
Q)
U
.~
~ Q)
~1Il 16 ~ 16 ~ III ~ 16
:B .~ +:: "0 :;:: C C C. C
c::: C 'in C III 'ffi C/) :2 :3
w~~Q)Q)CI) c..c2'5
f- ._ ._ 0:: :2 Q) ~ Q) +:: 0
>- uCI) Cl)U ~
t: "O'c Q) :::- Q) ~ 0 0- ~ co
Q) 2 ::l 0:: 'in 0:: 0 1Il.Q:::: ....
g. ~:2 >- C >- 16 'C !:!:: "0 Q)CI) 2
.... 0 .... Q) .... 16 - 'C iii C C III
c.. C. w 'in 0 'in C .!!1 iii ::l 0 III ~ >
_.....cc cou:J"O+::c=>
U 0 .... Q) E Q) 'in w "0 cillO U "0
.~ gOO ::l 0 CI) E c - 2: :.;::; ~ C
.0 '-"0 3: '5 .c Q) - >- Q) III III
05 C C 0 Q) OJ '0 E :E > III ~ .!2 III
[fm:ii".ijii~
- 0
'"
o
C")
N
L
(fJ
o
.q-
-0
lU
o
c!
~.s
ell
.....
(f)
~
I~---
'\
..~
c.
m co
~:E
co
00)
s:::::
... o-
m s:::::
~~
"'0)
co s:::::
mo-
Q)"'C
c.S:::::
c.~
o 0
.s:::::t:
en~
en
o
~
ffi
:t
CI)
~
:5
J L ~
~I O}~\ ~
CO;,/ <'/)1
(hI ~ UJ
d ~ ~
.~ ~ J 5
~ ~~ \
L---\ j
\
\
\ I
\ "-
\ I~
~_nJ;
cI:J
o
-<t
-0
(\)
o
ex:
~$
$
(j)
<
c
'"
E
C>-
o
] 0;
0; '"
"'- lL
o a; ~ 0
>-E ;;; '" to
.", t ....
c '" '" 0
:J C>- oo 0
E '" .... N
EO <q 0
0 ;;; 0 ~
Ll '" Ll
'" .... ro
Vl
~ "lii 0 ~
0 :J '"
0 CT N ii
'"
.<= Q)
0 C
.5
~ 0 ct
'"
N
0
'"
N
en
I
--- a..
..-... ~-'-""
~~ 0::......1Il
- __ I Q.)__
~ <( ~ 0) C( ~ .!:2 '";" N
~ "7 '7 '7 .~ 0:: - ~ () (.) _
~ O::O::O::O::=~r:::Q)~-('t)
2:'1Il "";" ~~~~ Q) 0) 0 en 0)- I ~ III
o Q) <( Cl 0) Cl Cl := .5 'w _" .5 .!!! 8.;:: --- o~ .~
- .- ~ r::: r::: r::: r::: 0 - .- "'" a. Ll ::l N "C
.C~ _ ==== ~.~~~~~~_~ ~_ 0
~ro ro ~~~~~:="CQ)O -Ll......~~~a..O m
~.e ~ :=:=:=:=~oD!:2~E~~6~oo~~~ ~
~"C'~~~~ooooro~~Eoen~~~ClE~~~~g S
Q)Q)::l~Ll I~~~~~=Q) "CUEro~oo~~oo a.. ro
a.~~~~<(====6EE~o ~oo~-~r:::b~"C~
o~ LlO)-EEEE:=ro r:::O~O ::l ro~Q)~Q)Q)
~~~~<(r:::rorororo~~Oo€~u"CoE~ooOr:::oo~~
_~~'w~ro~~~~ ~I'iiiO~~2~~~~EQ)~~ro
LlQ)Ro-~~€~~~~o<:S~~oo~E~~~~EO~OLl~OO
~ >u Q) ::l _ - - -. ._ Q) Q) ~ ro Q) ._'- >U Q)
E~"C5r:::DClClClClQ)ED-O~Er:::U>r:::E:="C~~~~
~ r::: r::: Q)::l r::: r::: r::: r::: r::: ::l 0 ~ Q) 0 Q) Q) > OJ 0 0 OJ .2> ::l r::: ro
w~ro~~en~~~~o~~a..zu~O::o<:S~U~~Ia..~~
Il Ii) ~ I ~~lllllllllmmBIiI~
.
.
.
.-
!
..
t
,
1 ,,-
,1
#,
................, __ _ . .. 1 .. -'I;....,~
_.- ,... ......." .. .-, .. ~ ':-i .....
_ ..J:..~' _wJ ....t...I '1~~~~=)- ,I \. . ,
~ --...., ,~-..... ~
'. "'''.f' ..,
~.I'S'
~
.- ~
.... IT
..4J_ -.
...
f
,
'"
,t.:."a ,.. .[! ~
1'l'I"~ .,.~ ...
.......,.. t~
... .. -
I ~~ ,:.,... "''ft, ",
;~~ U~~ld: l"
=~~.t "~~'~". ,,' > ''''_~'
Jl.~"'#, A'l....... .
.... . _ ......~ \J...-__
RENAISSANCE PLANNING GROUP
,:,
"
1 ~)O tee! --\. e S'res" S~e.:...... j __ I(Ph.~C; F O.'~,,~. ..:.C>.... . t,"'::" "'".....;
....'\" .. ....
March 20, 2008
Mr. Russ Wagner, AICP
Planning Director
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
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 (FOOT) 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,
I~
/.>',.. V
/./p', ""',':7 f'~
-'"" /....'-:-,
/ I ()
\)
Nick Lepp, AICP
Sr. Transportation Planner
Renai5~"ance Planning Group
\ \snap I \share I \Projects \Oeoee \Reviews \Shoppes at West Oakes \Sptev l.doc
,. ,~
f
#
: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)
In connection with the above-referenced project, we have reviewed the following
documents:
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 City Staff
Thefollowing 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
~
~
:FOLEY
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 not fully 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. 'Ve note that the
Survey has not been revised in accordance with the foregoing comment. Please revise the
Survey accordingly.
4. (Repeat Comment] We note that the Survey indicates that there are eXlstmg
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
tern1inated. 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
2
ORLA_808817.2
"
.;.
: 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 2 I,
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- I 80 (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 fornl 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
..,
,)
ORLA_808817.2
,
:FOLEY
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
4
ORLA_808817.2
-~
City Manager
Robert Frank
Commissioners
Gar~7 Hood. District 1
Scott Anderson. District :2
Rusty Johnson. Distric.t 3
Joel F. Keller. District -J
.Ma\"or
S. Scott Vandergrift
MEMORANDUM
DATE:
TO:
FROM:
SUBJ:
March 21, 2008
Sherry Seaver, Development Review Coordinator
J. Antonio Fabre, AICP, Principal Planner
Shoppes 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 FDOT 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.
City Manager
Robert Frank
Commissioners
Gary Hood. District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller. District 4
Mavor
S. Scott Vandergrift
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 infonnation, please contact our office.
1.-27 Resolved
Additional comments generated from the Septem ber 21, 2007 second su bmittal 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" PYC, 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 ofOcoee' 150 N Lakeshore Drive' Ocoee. Florida 34761
Phone: (407) 905-3] 00 . Fax: (407) 656-8504 . \\'\\w.ci.ocoee,fl.us
.
"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
8SO-04(}.24
SYSTEMS PLANNING
06IlJ6
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 06A593-0 1 00
Project Name: Shoppes At West Oaks
State Road Name/Number: West Colonial Drive/50
Section Number: 75050 ~ received
~1.2 -12- -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.] n Orlando FL 32835
Street City State 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.
~ Issue the subject permit consistent with the permit Application and subject to the attached
provisions.
IMPORTANT
This notice of intent to issue a permit 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
650-04Cl-24
SYSTEMS PLANNING
06106
PART 4: NOTICE OF DEPARTMENT AUTHORITY
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
System.
2. Transportation Control Features and Devices in the State Right otWay. 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.
PART 5: DEPARTMENT CONTACT
NAME: Ian Middlemas
ADDRESS: 2400 Camp Rd
Oviedo, FL 32765
PHONE: (407) 977-6530
PART 6: SIGNATURE OF DEPARTMENT AUTHORITY
DATE: 02/06/2008
PHONE: (407) 977-6530
Continued next page
Prepared by:
Scott A. Glass, Esq.
Shutts & Bowen, LLP
300 S. Orange Ave.
Orlando, FL 32801
407-423-3200
After recording return to:
City Clerk
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into
as of the _ day of ,2008 (the "Effective Date"), by and between THE CITY
OF OCOEE, a Florida municipal corporation (the "City"), whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, and SHOPPES OF WEST OAKS, LLC, a Florida
limited liability company (the "Owner"), whose mailing address is Suite 230, 6700 Conroy
Windermere Road, Orlando, Florida 32835.
RECIT ALS
WHEREAS, the Owner owns fee simple title to certain property located within the
corporate territorial limits of the City, said property being more particularly described as follows:
Lot 4 of REPLA T OF LOTS 3,4,5,6,11,12,13,14,19,20 of LAKEVIEW
HEIGHTS according to the Plat thereof as recorded in Plat Book E, Page 73,
of the Public Records of Orange County, Florida
(the "Property"); and
WHEREAS, the Owner has submitted to the City an application for approval of a
Preliminary/Final Subdivision Plan for the Shoppes at West Oaks on the Property, application
number LS-2007-013 (the "P/FSP Application"); and
WHEREAS, on March 11,2007, the City's Planning and Zoning Commission held a
public hearing to review the P/FSP Application and has recommended that the Ocoee City
Commission approve the Owner's Preliminary/Final Subdivision Plan, including a waiver from
Article VI, Section 6-21.A, of the City of Ocoee Land Development Code, but conditioned upon
Owner entering into a Development Agreement; and
WHEREAS, pursuant to the application of the Owner, of even date herewith the Ocoee
City Commission approved, subject to the execution of this Agreement the P/FSP for the
Shoppes at West Oaks, as prepared by Interplan, LLC and being date stamped as received by the
City on ,2008, with such additional revisions thereto, if any, as may be
reflected in the minutes of said City Commission meeting (collectively, the "Final Plan"); and,
WHEREAS, the Owner and City desire to execute this Agreement in order to evidence
their mutual agreement as to certain matters related to the development of the Property and as a
condition of approval of the Final Plan by the City.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and are
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described on the Final Plan, unless otherwise indicated.
SECTION 2. DEVELOPMENT APPROVALS. Except as provided in Section 4
below, nothing herein shall be construed to grant or waive on behalf of the City any development
approvals that may be required in connection with the Final Plan or the Own~r's development of
the Property. Notwithstanding this Agreement, the Owner must comply with all applicable
procedures and standards related to the development of the Property unless specifically waived
pursuant to Section 4.
SECTION 3. DEVELOPMENT OF THE PROPERTY.
A. The Owner hereby agrees to develop the Property in accordance with the Final
Plan and all permits and approvals issued by the City and other governmental entities with
respect to the Property. As of the date hereof, the Final Plan has been approved by the City, such
Final Plan being hereby incorporated herein by reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in accordance with
an is made subject to those certain Conditions of Approval attached hereto and as Exhibit "A"
and by this reference made a part hereof (the "Conditions of Approval"). The Owner further
agrees to comply with all of the terms and provisions of the Conditions of Approval. The
Conditions of Approval attached hereto as Exhibit "A" are the same Conditions of Approval set
forth in the Final Plan.
SECTION 4. WAIVERS FROM THE OCOEE LAND DEVELOPMENT CODE.
As part of the approval of the Final Plan, the Owner has been granted waivers from the
requirements of the Ocoee Land Development Cod, said waivers being set forth in Exhibit "B"
attached hereto and by this reference made a part hereof (the "Waivers").
C. In the event of any conflict between the provisions of the Ocoee Land
Development Code, as it may be from time to time amended, and this Agreement, it is agree that
the provisions of this Agreement shall control.
SECTION 5. TEMPORARY FULL ACCESS AT WESTERN SR 50 DRIVEWAY.
(a) Temporary Full Access Driveway. Provided that Owner receives an appropriate State
Highway Access Connection Permit ("Access Permit") from the Florida Department of
Transportation ("FDOT"), Owner shall be allowed full directional access from Owner's
westernmost driveway onto State Road 50 (the "Full Access Driveway") provided, however,
such Full Access Driveway shall only be allowed until the earlier to occur of (a) thirty (30)
months from the Effective Date of this Agreement, as hereafter defined, or, (b) such time as a
signalized intersection is constructed and opened that provides safe access to State Road 50 for
the Property and abutting properties.
(b) Owner's Obligation to Pursue Signalized Intersection. Upon execution of this Agreement
Owner shall diligently pursue approvals from all necessary governmental authorities to construct,
or cause to be constructed, a signalized intersection at a location to be approved by FOOT that
will serve the Property and the abutting properties. Said intersection, if constructed, shall be
constructed at no cost to the City and shall be constructed in accordance with FOOT standards,
including pedestrian crosswalks and crossing lights.
(c) Closure of the Full Access Driveway. Unless utilized as part of the signalized
intersection, once the signalized intersection has been completed Owner shall close the Full
Access Driveway by constructing, or causing to be constructed, a concrete raised median. If the
signalized intersection has not been completed and opened to traffic within 27 months of the
Effective Date the Owner shall notify the City and the City shall schedule a hearing before the
City Commission so that Owner may update the City on the status of the signalized intersection
and, if necessary, to request an extension which extension may be granted or withheld by the
City Commission upon its sole discretion. In the event that the signalized intersection has not
been completed and opened within 30 months and no extension has been granted, City shall be
free to either direct Owner to construct a directional left median on State Road 50 aligned with
Owner's westernmost SR 50 driveway to serve the Property and the shopping center to the north
or to construct such directional left on its own utilizing the security provided by Owner for that
purpose.
SECTION 6. SECURITY FOR COMPLIANCE WITH TIME LIMIT. In order to
provide the City assurance that Owner shall comply promptly construct a directional left median
opening if it has not constructed, or caused to be constructed, the contemplated signalized
intersection within 30 months, Owner shall, as a condition to the issuance of the first City
development permit for the Property, post a bond or an irrevocable letter of credit in the amount
of ($ ). City shall be entitled to proceed against the
bond or draw against the letter of credit upon the filing of an affidavit by the City that Owner has
failed to construct, or cause to be constructed, the contemplated signalized intersection within 30
months of the Effective Date of this Agreement or within any extension granted by City. City
shall thereafter be free to use the proceeds of the bond or letter of credit to construct the
directional left median opening. In the event that the reasonable and actual cost of such
directional left median opening exceeds the amount of the bond or letter of credit, Owner shall
remain liable for the difference.
SECTION 7. NOTICE: PROPER FORM. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered (1) when hand delivered to the
official hereinafter designated, or (2) upon receipt of such notice when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to the party a the
address set forth opposite the party's name below, or at such other address as the party shall have
specified by written notice to the other party delivered in accordance herewith:
OWNER:
SHOPPES OF WEST OAKS, LLC
Suite 230
6700 Conroy Windermere Road
Orlando, Florida 32835
Attn: Ashley Rumble
CITY:
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Attn: City Manager
SECTION 8. DEFAULT. Each of the parties hereto shall give the other party written
notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date
of its receipt of such notice within which to cure any such defaults or to commence and
thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter
notify the other party of the actual cure of any such defaults. Both the City and the Owner shall
have the right to enforce this Agreement by an action for specific performance.
SECTION 9. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall
be binding upon and shall inure to the benefit of the Owner, the City and their respective
successors and assigns and shall run with the land.
SECTION 10. RECORDATION. The parties hereto agree that this Agreement shall be
recorded in the Public Records of Orange County at the expense of the Owner.
SECTION 11. APPLICABLE LAW. This Agreement and the provisions contained
herein shall be construed, controlled, and interpreted according to the laws of the State of
Florida.
SECTION 12. TIME OF THE ESSENCE. Time is hereby declared of the essence to
the lawful performance of the duties and obligations contained in this Agreement.
SECTION 13. FURTHER DOCUMENTATION. The parties agree that at any time
following a request by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary, to confirm
and/or effectuate the obligations of such party.
SECTION 14. SEVERABILITY. Ifany part of this Agreement is found invalid or
unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall
J
not affect or impair the other part of this Agreement if the rights and obligations of the parties
contained therein are not materially prejudiced and if the intention of the parties can continue to
be effectuated.
SECTION 15. RECOVERY OF ATTORNEYS FEES AND COSTS. In connection
with any litigation between the City and the Owner, including appellate proceedings arising out
of this Agreement or the violation of any law, rule, regulation, ordinance, resolution or permit,
the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees,
paralegal fees, and costs hereunder, whether incurred prior to, during or subsequent to such court
proceedings, on appeal or during any bankruptcy proceeding.
SECTION 16. ENTIRE AGREEMENT. This instrument and its exhibits constitute
the entire Agreement between the parties and supersedes all previous discussions, understanding,
and agreements between the parties relating to the subject matter of this Agreement; provided,
however, that it is agreed that this Agreement is supplemental to the Final Plan and does not in
any way rescind or modify any provisions of the Final Plan. Amendment to and waivers of the
provisions herein shall be made by the parties in writing by formal amendment which shall be
recorded in the Public Records of Orange County, Florida, at the Owner's expense.
SECTION 17. COUNTERPARTS. This Agreement and any amendments hereto may
be executed in any number of counterparts, each of which shall be deemed an original
instrument, but all such counterparts together shall constitute one and the same instrument.
SECTION 18. EFFECTIVE DATE. This Agreement shall first be executed by the
Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval
by the Ocoee City Commission, this Agreement shall be executed by the City. The Effective
Date of this Agreement shall be the date of execution by the City.
THE BALANCE OF THIS PAGE
LEFT INTENTIONALLY BLANK
SIGNATURE PAGES FOLLOW
J
IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly
executed and made effective as of the Effective Date.
Signed, sealed and delivered
in the presence of:
Signature
Print/Type Witness Name
Signature
Print/Type Witness Name
FOR THE USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2008
FOLEY & LARDNER LLP
By:
City Attorney
"CITY"
CITY OF OCOEE,
a Florida municipal corporation
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2008 UNDER
AGENDA ITEM NO.
Signed, sealed and delivered
in the presence of:
"OWNER"
SHOPPES OF WEST OAKS, LLC
a Florida limited liability company
Signature
By: Retail Investment Specialists, LLC
its managing member.
By:
Print/Type Witness Name
Alan C. Charron, Manager
Signature
Print/Type Witness Name
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 ALAN C. CHARRON, as
Manager of RETAIL INVESTMENT SPECIALISTS, LLC, a Florida limited liability
company which is the Managing Member of SHOP PES OF WEST OAKS, LLC, and who is
_ personally known to me or who produced as identification, and
that he acknowledged executing the foregoing instrument on behalf of Retail Investment
Specialists, LLC, on behalf of Shoppes of West Oaks, LLC, in the presence of two subscribing
witnesses, freely and voluntarily under the authority duly vested in him.
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 No.:
My Commission expires:
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 BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that
they severally acknowledged executing the same on behalf of said municipality in the presence
of two subscribing witnesses, freely and voluntarily under the 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 No.:
My Commission expires:
EXHIBIT "A"
Conditions of Approval
1. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes
Chapter 163 concerning moratoria on the issuance of building permits under certain
circumstances. The City has no lawful authority to exempt any private entity, or itself, from the
application of such state legislation and nothing herein should be construed as such an
exemption.
2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with
any verbal or written promise or representation made by the Owner/Applicant/Developer (or
authorized agent thereof) to the City Commission at any public hearing where this project was
considered for approval, where such promise or representation, whether oral or written, was
relied upon by the City Commission in approving the project, could have reasonably been
expected to have been relied upon by the City Commission in approving the project, or could
have reasonably induced or otherwise influenced the City Commission to approve the project.
For purposes of this Condition of Approval, a "promise" or "representation" shall be deemed to
have been made to the City Commission by the Owner/Applicant/Developer (or authorized agent
thereof) if it was expressly made to the City Commission at a public hearing where the project
was considered for approval.
3. Nothing herein shall he construed to waive any provision of the Land Development Code.
except to the extent expressly set forth on a waiver table or explicitly set out in the Plan.
4. Each fire hydrant shall be OSHA Yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
5. Streetlights will be installed prior to a Certificate of Completion being issued, and the
cost of operations will be assumed in accordance with the provisions of the City of Ocoee Land
Development Code in effect at the time of issuance of a Certificate of Completion.
6. The Owner shall be responsible for installing reuse lines along with the other
infrastructure. At such time as reuse water is available to the property, the Owner shall be
responsible for connection to the reuse system lines.
7. All on-site utilities including electrical, cable TV and telephone shall be placed
underground
8. Any damage caused to any public roads as a result of the construction activities related to
the project or any portion thereof shall he promptly repaired to the applicable government
standards at the sole cost and expense of the owner of the portion of the project being developed
in connection with such construction activities.
9. The Owner is to protect and prevent any disturbance, siltation, or other construction
within the conservation areas inside the 1 DO-year flood elevation. Those areas are to be fenced
off during construction and silt fences installed to eliminate any possible disturbance in those
areas during construction.
10. All existing structures (including buildings, power lines, existing aerial and utility
facilities) and Progress Energy easements will be removed and/or terminated prior to or during
construction of the development replacing those uses.
II. INTENTIONALL Y DELETED.
12. An emergency access and maintenance easement to and over the retention ponds and
other drainage improvements shown hereon is hereby dedicated to the City for emergency
maintenance purposes. The emergency access and maintenance easement shall not impose any
obligation, burden, responsibility or liability upon the City to enter upon any property it does not
own or take any action to repair or maintain the drainage system on the property. The City may
require that the Owner execute a document reflecting such easement.
13. A perpetual, non-exclusive easement for access over all internal roadways and other
paved areas is hereby dedicated in favor of the City and other applicable authorities for law
enforcement, fire, and other emergency services. The City may require that the Owner execute a
document reflecting such easement.
14. All access rights to all public roads, except at approved locations shown on the Plan, are
hereby dedicated to the City of Ocoee.
15. All legal instruments, including but not limited to the property association documents,
easements, deeds and restrictive covenants, shall he provided to the City for review and approval
prior to or at the time of approval of the site plan.
16. INTENTIONALLY DELETED.
17. INTENTIONALLY DELETED.
18. Existing trees 8" or larger (other than citrus trees or "trash" trees) located along proposed
locations of buffer walls or road right-of-way lines will be preserved if at all possible. The buffer
walls and roads will be designed around those trees to incorporate them into required landscape
buffers and as street trees.
19. INTENTIIONALL Y DELETED.
20. All utilities will be placed around existing protected trees to be preserved.
21. In order to ensure that as many existing trees as possible will he preserved, all road right-
of-ways and retention areas will be flagged for review by the City prior to any tree removal. No
clearing permits will be issued for site work or building construction until all trees to he
preserved have been clearly marked with tree protection barriers.
J
22. Removal of existing trees will be limited to clearing road right-of-way and retention
areas as detailed in these plans. All existing protected trees on individual lots will he evaluated at
the time a building permit is issued for that lot, to determine whether or not each tree needs to he
removed.
23. The Owner shall construct appropriate curb cuts to enable access ramps at all rights-of-
way intersections (and other areas as reasonably required) in order to accommodate access to
sidewalks and streets for persons who are in wheelchairs and other persons who are physically
challenged, and otherwise comply with all Americans with Disabilities Act (ADA')
requirements. When sidewalks are constructed at certain corner locations, the sidewalks will be
extended to the curb and the appropriate ramps will then be constructed. The Owner or property
owner's association, as applicable, will be responsible for the continued maintenance of all
streets and sidewalks in accordance with all ADA requirements that may now or hereinafter be
applicable to the project.
24. The Owner shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any disturbance,
siltation, or other construction below the natural wetland lines. Further, the areas below the
natural wetland lines shall be fenced off (and silt fences shall be installed) during construction
activities immediately adjacent to the wetlands, in order to minimize disturbances of the
wetlands during construction.
25. INTENTION ALL Y DELETED.
26. INTENTIONALLY DELETED.
27. There shall he no access from the project to any public roads except at the approved
locations shown on the Plan.
28-31. INTENTIONALLY DELETED.
32. All building pad elevations shall exceed the 1 OO-year flood elevation by a minimum of
two feet.
33. All landscape areas will he irrigated and have an automatic rain sensor.
34. INTENTIONALL Y DELETED
35. 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 (Vizcaya 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.
~
The location of the cross access easement shall be as generally shown hereon. The granting of
the cross access easement shall be without compensation.
36. All parking, driveway and drainage improvements shown hereon will be constructed or
installed as part of the development of Phase 1 of the project. No Certificate of Occupancy for
any building located on the Property shall be issued by the City prior to the issuance of a
Certificate of Completion for the parking, driveway and drainage improvements shown hereon.
37. Phases III and IV as shown shaded on this plan are conceptual in nature and seperate
staff approval is required for those phases.
Code Section
LDC, ART.
VI,
SEC. 6-21, A
Code Requirements
COMPLIANCE WITH
SR 50 ACCESS
MANAGEMENT
PLAN PROVISION
FOR DIRECTIONAL
LEFT MEDIAN
OPENING AT
WESTERN
DRIVEWAY.
EXHIBIT" B"
Waivers
Proposed Standards
A FULL MOTION
ACCESS WILL BE
PROVIDED
TEMPORARIL Y, TO
BE CLOSED OR
REPLACED WITH
DIRECTIONAL LEFT
MEDIAN CUT UPON
THE INSTALLATION
OF: A TRAFFIC
SIGNAL ON SR 50
TO SERVE
PROPERTY, OR 30
MONTHS FROM
DA TE OF SITE PLAN
APPROV AL,
WHI CHEVER
COMES FIRST. IF
SIGNAL IS
INSTALLED, FULL
ACCESS WILL BE
CONVERTED TO
RIGHT-IN RIGHT-
OUT ONLY. IF NO
SIGNAL IS
INSTALLED,
DIRECTIONAL LEFT
WILL BE PROVIDED.
Justification
TRAFFIC CONDITIONS
HA VE SIGNIFICANTLY
CHANGED SUCH THAT
A DIRECTIONAL LEFT
IS NO LONGER A
PRACTICAL METHOD
OF ADVANCING THE
AMP'S PRIMARY
SAFETY GOAL. THE
PROPERTY ON THE
SWC OF GOOD HOMES
ROAD HAS BEEN
CHANGED FROM
INSTITUTIONAL TO
COMMERCIAL.
THEREFORE, TRAFFIC
FROM EXISTING
GROWTH HAS BEEN
HEAVIER THAN
ANTICIPATED, AND
VEHICLES
TRAVELING WEST
FROM SURROUNDING
PROPERTIES RISK
UNSAFE LANE
CHANGES AND U-
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.
ORLDOCS 111552663
.
.
.
Copy of Public Hearing Advertisement
Date Published
Or la.VlclD
&Vl-t, -ne, \
M.a rc\A
1.-0) l..-(J:)g
Advertisement
--e-
HEARING
OAlS
SIn I'lAII
P 2lIGHl13 '
NOTICE IS HEREBY GIV.
EN. ~ursuanlla-'Artlcle IV.
&~~~n~~~ te~~fJ;';,\~~1
Code. that on TUESOAY, APRIL
}~;'f~~~:I~!~o~\lg~I.~~
OCOEE CITY COMMISSION will
hold' 0 PUBUC HEARING 01 Ihe
Ocoee City CommissIon
Chambers. ISO _North Loke-
~~~r,~ ~~~~fde?1~e~h'6~~$
01 Wesl Oaks' Preliminary/
; Final SlIe ,Plan located on ,
the soulh .slde of W.Colo-
nlal Drive -(SR SO) approx)-
~~IJo~~~'k~~ fnf:i~~:
tion. -
Inlerested parties may 00-
~~~r ~' ~~~r~u~\\~ ~~~~~~
to ihe propOsed ocllons.
The complele case file! in-
cluding 0 complele lega de-
scripllon bY meles and
bounds, may be Inspected
01 the Ocoee community
Deveiopmenl. Deporlmenl;
ISO North Lakeshore. Drive,
ocoee. Florida. between Ihe
~~r'ii.~ ~o~~~yaiW':o~~ ~:w.
I day, except legal holidays.
1- - - .
The Cily Commission _may
continue the public hearings
10 olherdoles ond times, os
II deems necessary. Any in.
lerested pOrty sholl be od.
vised Ihal the dotes. times,
and places of any continuo.
tion of Ihese or continued
~~~~~ehd'~~~~~ih,a~~ ~eg~:
Ings and thaI no further no-
t~~~s ~fir~I~9bl'l~fi~'a. ~o.;.;
ore advised Ihat any person
who-desires to appeol any
decision mode during Ihe
public hearings will - need 0
record of the proceedings
and for Ihis purpose may
need 10 ensure thaI 0 verba-
tim record of the proceed.
Ings Is mode whIch includes
the lesllmony and evidence
upon whIch the appeal Is
based. Persons wllh disobll-
Illes needing _assistance to
parllclpale In any of the
proceedln~S shouid conI oct
~oeu~;'rn d'a~k~~c~ffdre,~:
meeting at (407) 905.3105.
Beth Eikenberry.
_ CllY Clerk
OLS6632l1 3120108