HomeMy WebLinkAboutItem #10 Stor Kwik, West 50 Properties, Lot 1 - Second amendment to the Dev. Agrmnt.
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:FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
AGENDA ITEM COVER SHEET
Meeting Date: May 19, 2009
Item # , (j
Reviewed By:
Contact Name:
Contact Number:
Paul E. Rosenthal, City
Attorney
Department Director: Craig Shadrix
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City Manager:
Subject: Amendment to West 50 Properties Annexation and Development Agreement I
Stor Kwik - Lot 1
Background Summary:
.In May 2007 the City Commission approved an Annexation and Development Agreement with West
50 Properties, The Agreement provides for certain permitted uses, granted various waivers and
allocated Traffic Mitigation Payments among the Lots. Lot 1 of the project is now owned by Self
Storage Associates, Inc. (Stor Kwik) which has proposed certain amendments to the Agreement in
connection with the processing of a site plan for Lot 1.
Issue:
Should the City Commission approve the Second Amendment to Annexation and Development
Agreement with West 50 Properties in order to allow for a revised development plan on Lot 1?
Recommendations
It respectfully is recommended that the City Commission approve the Second Amendment to
Annexation and Development Agreement with West 50 Properties in order to allow for a revised
development plan on Lot 1.
Attachments:
Second Amendment to Annexation and Development Agreement
. Financial Impact:
None
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Type of Item:
D Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
D Commission Approval
D Discussion & Direction
For Clerk's Deaf Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
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o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Paul Rosenthal
Reviewed by Finance Dept.
Reviewed by ( ) Craig Shadrix I Bobby Howell
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o N/A
[8] N/A
o N/A
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: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0906
TO:
The Honorable Mayor and City Commissioners
FROM:
Paul E. Rosenthal, Esq. City Attorney
DATE:
May 12, 2009
RE:
Second Amendment to Annexation and Development Agreement with West 50
Properties
.
Staff Report
ISSUE
Should the City Commission approve a Second Amendment to Annexation and Development
Agreement with West 50 Properties in order to allow for a revised development plan on Lot 1?
BACKGROUNDIDISCUSSION
In May 2007 the City Commission approved an Annexation and Development Agreement with West
50 Properties. The Agreement provides for certain permitted uses, granted various waivers and
allocated Traffic Mitigation Payments among the Lots. Lot 1 of the project is now owned by Self
Storage Associates, Inc. (Stor Kwik) which proposes to develop Lot 1 as a self-storage warehouse
with both climate controlled and non-climate controlled space as well as 3,600 square feet of first floor
retail. The retail has been added at the request of City staff as a condition of its support of certain
changes to the Annexation and Development Agreement which are set forth in the attached Second
Amendment to the Agreement.
The Annexation and Development Agreement allows a climate controlled self-storage warehouse with
.n architecturally upgraded design. The Second Amendment modifies the Agreement to also allow a
non-climate controlled" self storage warehouse, The Site Plan also requires a modification to the
building set back requirements (from an Expressway building setback of 75 feet to an Expressway
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building setback of 15 feet) and the building coverage requirements (from 30% to 40% bUildi.
coverage). Additionally, the Traffic Mitigation Payments are reallocated among the 4 Lots, but t
total amount remains unchanged,
The Development Review Committee met on April 29,2009 to review the proposed Amendment and
the site plan for Lot 1 of the West 50 Commercial Project. DRC recommended approval of the
proposed Second Amendment to the Agreement.
The Planning Department recommends approval of the proposed Second Amendment to the
Agreement. The City Attorney has approved the proposed Second Amendment to the Agreement.
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A_1306275.1
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This instrument prepared by:
Paul E. Rosenthal, Esq.
Foley & Lardner, LLP
III North Orange Ave. Ste. 1800
P.O. Box 2193
Orlando, FL 32802-2193
407-423-7656
After recording return to:
Beth Eikenberry, City Clerk
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT (the "Second Amendment") is entered into this _ day of ,2009
by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to
as the "City"), whose mailing address is 150 North Lakeshore Drive, Ocoee, FL 34761 and
WEST 50 PROPERTIES, a Florida general partnership (hereinafter referred to as the
"Owner"), whose mailing address is 1411 EdgewaterDrive,Suite 101, Orlando, FL 32804.
RECITALS
WHEREAS, Owner and City entered into that certain Annexation and Development
Agreement dated May 15, 2007 and recorded on June 2, 2007 in Official Records Book 9290,
Page 165, Public Records of Orange County, Florida, as amended by First Amendment thereto
dated November 20,2007 and recorded December 27,2007 in Official Records Book 9546, Page
3184, Public Records of Orange County, Florida (collectively, the "Annexation and
Development Agreement"); and,
WHEREAS, Section 7 of the Annexation and Development Agreement obligates Owner
to pay the City the sum of Two Hundred Seventy-Six Thousand Dollars ($276,000.00) to
mitigate certain transportation impacts (the "Traffic Mitigation Payment"); and,
WHEREAS, the Annexation and Development Agreement further provides that the
Traffic Mitigation Payment will be allocated among the four lots that comprise the Property in
accordance with Exhibit "D" attached to the Annexation and Development Agreement; and,
WHEREAS, Owner's development plan for the Property originally contemplated a
65,000 square foot conditioned self-storage facility to be constructed on Lot 1 but such plan has
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changed and it is now anticipated that an additional 35,000 square feet of non-climate self-
storage facility with architecturally upgraded design shall be constructed on Lot 1 and in
connection therewith the Owner has agreed to construct 3,600 square feet of retail space on the
ground floor of such facility facing Highway 50; and;
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WHEREAS, the Owner has requested that the City approve two additional waivers from
the Ocoee Land Development Code in order to accommodate the retail space and Owner's non-
conditioned storage addition; and
WHEREAS, at the request of the Owner, the City has agreed to allow a further
reallocation of the Traffic Mitigation Payment among the four lots.
NOW THEREFORE, in consideration of the above Recitals, the mutual covenants
hereafter set forth, and other good and valuable consideration the receipt and sufficiency of
which are acknowledged by the parties, Owner and City agree as follows:
SECTION 1. RECITALS; DEFINITIONS. The foregoing Recitals are true and
correct and are hereby incorporated by this reference. All capitalized terms used herein shall be
as defined in the Annexation and Development Agreement, unless otherwise indicated.
SECTION 2. SUBSTITUTION OF EXHIBIT "C" and EXHIBIT "D". The
Annexation and Development Agreement is hereby amended by deleting Exhibit "c" and .
Exhibit "D" attached thereto and substituting in their place Exhibit "c" (REVISED) and Exhibit
"D" (REVISED) attached hereto and incorporated by reference herein. All references in the
Annexation and Development Agreement to Exhibit "c" and Exhibit "D" shall hereafter be
deemed to refer to Exhibit "c" (REVISED) and Exhibit "D" (REVISED) attached to this
Amendment. By approval of this Amendment, the City Commission of the City ofOcoee hereby
approves the two additional waivers from the Land Development Code as set forth on Exhibit
"C" (REVISED).
SECTION 3. PERMITTED USES, Section 8 of the Annexation and Development
Agreement is hereby amended to provide for "self-storage warehouse (climate controlled and
non-climate controlled structures with architecturally upgraded design)" as a permitted use. [The
change to the permitted use is underlined.]
SECTION 4. COVENANTS AND RESTRICTIONS. The Covenants and
Restrictions of the West 50 Commercial Subdivisions shall be amended by the Owner to be
consistent with the provisions herein.
SECTION 5. EFFECTIVE DATE. This Second Amendment shall take effect on the
last date it is executed by Owner or City.
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IN WITNESS WHEREOF, the City has caused this Second Amendment to be duly
executed and made effective as of the Effective Date.
"CITY"
CITY OF OCOEE,
a Florida municipal corporation
By:
Signature
S. Scott Vandergrift, Mayor
Print/Type Name
ATTEST:
Beth Eikenberry, City Clerk
Signature
(SEAL)
Print/Type Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY this _ day of, 2009.
FOLEY & LARDNER LLP
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2009 UNDER
AGENDA ITEM NO.
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared S. SCOTT
V ANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, 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 authority duly vested in them by said municipality,
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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IN WITNESS WHEREOF, the Owner has caused this Second Amendment to be duly
executed and made effective as of the Effective Date.
Signed, sealed and delivered
in the presence of:
"OWNER"
WEST 50 PROPERTIES,
a Florida General Partnership
Signature
Print/Type Name
By:
Robert W. Hewitt, General Partner
Signature
Print/Type Name
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared Robert W. Hewitt,
personally known to me to be General Partner of WEST 50 PROPERTIES, a Florida General Partnership,
and that he acknowledged executing the same on behalf of said general partnership in the presence of two
subscribing witnesses freely and voluntarily under authority duly vested in them by said general
partnership.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifnot legible on seal):
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JOINDER AND CONSENT TO AMENDMENT
(WEST 50 COMMERCIAL)
The undersigned hereby certifies that it is the owner of Lot 1 of the Plat of West 50
Commercial Subdivision as recorded in Plat Book 70, Page 84, Public Records of Orange
County, Florida, and the undersigned for and in consideration of valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the
execution of the foregoing Second Amendment to Annexation and Development Agreement
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this _ day of , 2009.
Signed, sealed and delivered
in the presence of:
SELF STORAGE ASSOCIATES, INC., a
Florida corporation
Print Name:
By:
Printed Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2009, by who is the
of SELF STORAGE ASSOCIATES, INC, a Florida corporation. He/she [~ is
personally known to me, or L-J has produced
as identification.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
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EXHIBIT "C" (REVISED)
AMENDED WAIVER LIST
Code Section Current Standard New Standard Justification
6-14C(2)(b )(i) Min. 25' landscape Allow 10' Utility Loss of property to
buffer along all easement within FOOT ROW.
primary streets. required buffer.
6-14C(5)(h) Shared Ground 72 s. f. for 2 users Provide sign face
signs limited to 70 s. and 108 s, f. for 3 for unrelated but
f. for 2 users and users. adjoining property
100 s. f. for 3 or owner with access
more users. off shared access
road for safety
reasons,
6-14C(1)(a)(v) Expressway **Expressway City requested
building setback 75 building setback 15 addition of 3,600 sf,
feet from ROW feet (min,) from of shopping center
line. ROW line to corner wI parking in AlC
clip per site plan. storage building
facing Hwy. 50.
5-3BfTable 5-2 C-3 Building **Self-storage - 40% Increase of Green I
Coverage 30% building coverage. open I pervious
area to 30 % versus
20%
** WAIVER ADDED BY SECOND AMENDMENT TO ANNEXATION AND
DEVELOPMENT AGREEMENT
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EXHIBIT "D" (REVISED)
WEST 50 COMMERCIAL SUBDIVISION
2ND REVISED PROPORTIONATE SHARE
ALLOCATION TABLE
Lot Prop<>.rtionate %of
Number Sha re T ota I
1 $53,194 19.3%
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2 $78,403 2.8.4%
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3 $78,403 28.4%
4 $65,000 23.9%
Total $276,000 100.0%
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