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Home My WebLink AboutItem #07 Casa Mirella center of GOOd LI .<;,.~e._ .. I'~ ~ AGENDA ITEM COVER SHEET Meeting Date: August 18, 2009 Item # '1 $~ Reviewed By: Department Director: City Manager: Contact Name: Contact Number: Michael Rumer 407-905-3100, Ext. 1018 Subject: Casa Mirella Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan Project # LS-2008-008 Commission District #3-Rusty Johnson Background Summary: The proposed site of the Casa Mirella Subdivision and Site plan was annexed as the Belmere Planned Development (PO) by the City of Ocoee in April of 2008. The Belmere PO consisted of 216 multi- family units, 85 unit Adult Living Facility (ALF) and up to 42,960 sq. ft. of commercial. Two retail buildings consisting of 26,960 sq. ft. have been constructed under a previous permit from Orange County. The remaining site contains approximately 22.88 acres. The subject property is located on the southwest corner of the intersection of Roberson Road and Maguire Road. The Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan proposes the construction of 16,000 square feet of retail and 216 multi-family units. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction North East South West Casa Mirella will be accessed via two access points that consist of a full access on Maguire Road, and a full access point along Roberson Road. Twenty feet of right-of-way on Roberson Road was dedicated under a re-plat of the parcel. All improvements to Roberson Road are being incorporated into a separate plan to improve Roberson Road by the City. The applicant's engineer designed the Roberson Road improvements for the City and incorporated the Casa Mirella improvements into the plan. The subject property has been replatted into three lots; Lot 1 will contain 216 multi-family units in seven buildings, a club house and pool deck, and a majority of the on-site stormwater system. Lot 2 will contain a 16,000 sq. ft. commercial/retail building. Lot 3 will remain vacant and is not requesting site plan approval at this time. Lot 3 is permitted for an 85 unit Adult Living Facility. The applicant is requesting a waiver to Section 6-14 (1)(i) of the Land Development Code (LDC). This section requires site lighting to be equipped with shielded or full cut-off luminaries incorporating flush- mounted lenses. The applicant is proposing to provide lighting that meets code in the parking area of Building B, but provide a more decorative light that does not meet code for the apartment site. The City Commission has already approved a height waiver to the 35 ft. maximum height limitation for the Multi-family and ALF to a permitted height of 45 feet during the PUD process. Issue: Should the Honorable Mayor and City Commissioners approve the Preliminary/Final Subdivision Plan for Phases II. III. IV, and V; the Preliminary/Final Site Plan for Phases II. III, and IV; and the request for a waiver to Section 6-14 (1 )(i) of the Land Development Code for Casa Mirella? Development Review Committee Recommendation: The proposed Casa Mirella site was reviewed by the Development Review Committee (DRC) on August 4. 2009. The Committee approved the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on August 11. 2009 to consider the Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan for Casa Mirella. The Planning and Zoning Commission voted 6-0 to recommend approval of the plans, subject to the satisfaction of the outstanding comments and recommended denial of the request for a waiver to Section 6-14 (1)(i) of the Land Development Code. Recommendations: Staff respectfully recommends that the Mayor and City Commissioners approve the Preliminary/Final Subdivision Plan for Phases II. III, IV, and V; and the Preliminary/Final Site Plan for Phases II. III, and IV for Casa Mirella and deny the request for a waiver to Section 6-14 (1 )(i) of the Land Development Code. Attachments: Location Map Zoning Map Aerial Map Site Plan Planning Division Comments Engineering Department Comments Legal Department Comments Proposed Lighting - Waiver Request Preliminary/Final Subdivision-Preliminary/Final Site Plan Financial Impact: N/A 2 Type of Item: (please mark with an "x'J X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's DeDt Use: Consent Agenda Public Hearing Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. 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SJ.\US:W "JNI 'SlJ....OOUV ...sol~" ,. C'hMOO ~....u 1;:""~lfZ 'jI"l1" JlI1 j~}( ~...o -'1"'.).':' ,In.,~ T'lJ ~a =-==ji.~':;a : -~-u:.::~~~~':J~~ City Manager Robert Frank Commissioners Gary Hood, District 1 Rosemary vVilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Mavor S. Scott Vandergrift MEMORANDUM DATE: TO: FROM: SUBJ: August 3, 2009 Sherry Seaver, Development Review Coordinator Michael Rumer Principal Planner 3rd Review of Casa Mirella at Belmere Preliminary/Final Subdivision and Preliminary/Final Site Plan The Planning Division offers the following comments related to the current plan submittal. 1. The profile of the light poles provided, does not indicate the height. 2. Provide detail drawings and specification cut-sheets for any building-mounted light fixtures for the apartment and commercial building lighting. 3. The light manufacturer on the site plan profile is different then the manufacturer listed on the photometric plan. The lights shown on page SL-1 of the photometric plan indicate three (3) types. Provide a profile of each type. Acorn shaped light fixtures are not permitted in multi-family. The proposed lights do not meet code as they are not shielded or full cut-off luminaries incorporating flush-mounted lenses. 4. Please provide detailed plans for the trees to be added to Thornebrooke Avenue as part of this site plan. Trees to be shown in landscaping set. 5. The renderings of the proposed apartments submitted for Building permit #s08-0883, 0884, 0885, 0886, 0887, 0888, & 0889 do not achieve the desired look shown in the building renderings. The colored renderings of the apartments need to closely match those submitted for the building permit. The apartments are deficient in the following areas: the proposed apartments are not painted in multi-colors, the bay windows are not present, and the architectural details of the windows are missing. ;' , City Manager Robert Frank Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 Mayor S. Scott Vandergrift Cas a Mirella at Belmere- Preliminary/Final Subdivision Plan Review Large Scale Site Plan - 4th Staff Review Engineering Department Comments August 3, 2009 The following are the results of your fourth submittal for the above referenced project. If you have any questions pertaining to the requested information, please contact our office. 1. Resolved. 2. (Repeat Comment) A Site Lighting Plan which includes photometrics must be included in the plan set. Update the Sheet index on the Cover accordingly. Please see comments from July 8, 2009 listed below 3.-25. Resolved. 26. (Repeat Comment) Include an Irrigation Zone table for each meter which indicates the flow for each zone in GPM. This will insure the proper meter size has been specified depending on max flow and spread. There is still no zone table for the commercial irrigation plans. Revise the residential irrigation layout by combining zones as required to reduce the spread to approx. 40 GPM. If the residential peak flow is 80 GPM, a 1-1/2 inch meter will be adequate and have a reduced connection charge. This comment has not been addressed. Double UP zones as needed within the residential development to reduce the spread to 40GPM. In the commercial development are all irrie:ation heads to be run on one zone? Public Works Comments 1. Resolved. Comments based on the 2nd submittal received on May 15,2009. 1.-3. Resolved. 4. (Repeat Comment) Where are the plans for the improvements to Roberson Road. The Casa Mirela Subdivision Plans need to show the widened Roberson Road or the improvements to Roberson Road to be completed if widening is not completed. 5. Resolved City of Ocoee . 150 N Lakeshore Drive' Ocoee, Florida 34761 Phone: (407) 905-3100. Fax: (407) 656-8504' www.ci.ocoee.tl.us . Casa Mirella at Belmere August 3, 2009 Page 2 of2 6. (Repeat Comment) Currently the plans indicate both irrigations systems are to be connected to the reuse main along Roberson Road. The reuse main along Roberson road may not be completed before the completion of this project. The residential irrigation system is now shown to connect to City Reuse main on Maguire at the southern portion of the property. The reuse main is on the east side of Maguire and that location would require crossing Maguire Road. There is currently a 8inch reuse stub out located at the entrance off Maguire road for connection. Connection to this stub and leaving a stub-out for the undeveloped property will eliminate the need to cross Maguire Road. 7.-8. Resolved. Comments based on the 3rd submittal received on August 3,2009. 1. Please add a note to both the residential and commercial irrigation plans indicating all irrigation pipe and heads are to be purple. Comments based on the 1st submittal of the Lighting Plan dated July 8,2009. 1. (Repeat Comment) Show the site utilities to insure there are no conflicts with the light pole locations. Shade the utilities back. At the scale of the submitted lighting plan, it is not possible to see any conflicts. Add updated photometrics and lighting to previously submitted multi-sheet lighting plan which was a much larger scale. 2. (Repeat comment) Modify the lighting plan to include sufficient lighting along Roberson Rd to light the sidewalk along the property line. This appears to be addressed, however, please add updated photometrics and lighting to previously submitted multi-sheet lighting plan which was a much larger scale. 3. (Repeat Comment) Add or relocate lighting as necessary to provide ample lighting to light the entrance off of Roberson Rd. The entrance off Roberson Road is not shown in detail on the submitted lighting plan 4. (Repeat Comment) Provide the existing photometrics as part of the Belmere Commercial development to show the internal roadway has sufficient lighting. The internal roadway is not shown on the submitted lighting plan. 5. Provide ample lighting in the area of the sidewalk loop and connection to Maguire Road on the south eastern portion of the site. This appears to be addressed, however, please add updated photometrics and lighting to previously submitted multi-sheet lighting plan which was a much larger scale. Engineering Department Ryan P. Howard, P .E. Engineer II FOLEY & LARDNER LLP ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FL 32801-2386 P. O. BOX 2193 ORLANDO. FL 32802-2193 407.423.7656 407.648.1743 FAX IJII'v\W.FOLEY.COM :FOLEY MEMORANDUM CLIENT-MATTER NUMBER 020377-0894 TO: Sherry Seaver, Development Review Coordinator FROM: Dorothy E. Watson, Assistant City Attorney cc: Paul E. Rosenthal, City Attorney DATE: August 3, 2009 RE: Casa Mirella at Belmere PreliminarylFinal Subdivision Plan and Preliminary/Final Site Plan Project No.: LS-2008-008 (Third Review) In connection with the above-referenced project, we have reviewed the following documents: 1. Response letter from Donald W. McIntosh Associates, Inc. dated July 16, 2009 (the "Response Letter"); and 2. Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan for Casa Mirella stamped received by the City May 15, 2009 (the "Plan"). This memorandum supersedes our previous memoranda dated October 20,2008 and June 16, 2009. Based on 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 The following comments are addressed to and/or request direction fi'om City Staff and, unless otherwise noted, do not require any response from the Applicant. None at this time. II. Reo eat Comments ORLA_1395330.1 : FOLEY FOLEY & LARDNER LLP The following comments were included in the City Attorney's prior memorandum regarding the Plan, however, they were not fully addressed as part of the Applicant's current submittal. 1. [Revised Comment] Please revise the Plan to include a Lot and Tract Layout sheet consistent with the approved plat for Casa Mirella. We note that the Plan currently includes a phasing sheet, but no Lot and Tract layout sheet consistent with the approved plat for Casa Mirella. Please revise the Plan to include a Lot layout sheet with your next submittal. On this sheet, please depict all tracts, if any, and include on this sheet a Tract Ownership and Maintenance Matrix (the "Tract Matrix") that identifies the purpose of each tract, and indicates who will own and maintain each tract. 2. [Revised Comment] Please delete the existing Tract Matrix from Sheet 16. 3. [Revised Comment] We note that the Response Letter indicates that all areas within Lot 1 are common areas to be owned and maintained by the Property Owners Association and that the developer shall provide legal descriptions for "any areas needing special attention or agreements." To the extent that the Applicant prefers to convey improvements to the Property Owners Association by deed rather than by dedication upon a re-plat of the Property, please provide legal descriptions of all improvements required to be owned and maintained by the Property Owners Association pursuant to the Conditions of Approval (including, but not limited to retention ponds and common entrance drives) for our review and approval. Furthermore, please provide a draft deed conveying these improvements to the Property Owners Association. For your convenience, attached please find a form of deed acceptable to the City 4. [Repeat Comment] Please revise all labels referring to the Roberson Road right- of-way tract throughout the Plan to remove the word "proposed" and to include the following information: Tract AA Roberson Road Right-of-Way Plat of Casa Mirella PB 72, PGS 124-126 We note that Sheet 7 was revised in accordance with this comment. However, please revise Sheet 16 to replace the reference to "RIW Dedication" with the above. 5. [Repeat Comment] We note that page numbers L-l through L-4 are used for two different sets of landscape plans. Please revise the numbering of the landscape plans so that each page has a unique page number. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 6. [Repeat Comment] We note that the Table of Contents indicates that there are two sets of landscape plans - a "Commercial Landscape Site Plan" and a "Residential Landscape ORLA_1395330.1 : FOLEY FOLEY & LARDNER LLP Site Plan." However, we note that the titles appearing on the sheets themselves only refer to a "Landscape Site Plan." Please revise the titles appearing on the documents themselves and in the Table of Contents so that they are consistent with each other and reference the phases to which the landscape site plans apply. For example, the current "Commercial Landscape Site Plan" should now be referenced as "Phase II Landscape Site Plan" on the sheets themselves and in the Table of Contents. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 7. [Repeat Comment] We note that sheets L-l through L-4 of the Commercial Landscape Site Plan indicate that they are site plans for "Belmere." Please revise these sheets to reference Casa Mirella instead of Belmere. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 8. [Repeat Comment] We note that the Table of Contents references a Photometric Plan appearing at page SLP-l and a Site Lighting Details Sheet appearing at page SLP-2. However, we note that no such sheets were included with the Plan provided to us. Please include these sheets with your next submittal. 9. [Repeat Comment] We note that COA #44 requires the Plan to include Master Architectural, Signage, Lighting and Landscape Package Plans. Please provide these items with your next submittal, or indicate which Plan sheets satisfy these requirements. 10. [Repeat Comment] Please revise Sheet 3 of the Plan (Conditions of Approval) to include the following subheaders: a. Before COA #1, insert subheader "Per Annexation and Development Agreement (Belmere Planned Development) (ORB 97411 PG 8367)." b. Before COA #58, insert subheader "Additional Conditions of ApprovaL" Please note that any new conditions of approval should be added after COA #58. 11. [Revised Comment] Please add the following Additional Conditions of Approval to Sheet 3 of the Plan after COA#58: 59. This Preliminary/Final Subdivision Plan shall constitute the "Amended Preliminary Plan" referenced in the Conditions of Approval set forth in the Annexation and Development Agreement (Belmere Planned Development) (ORB 97411 PG 8367)and shall supersede the Approved Preliminary Plan described therein. 60. Approval of this Plan does not constitute Site Plan approval for Casa Mirella Lot 3. A separate site plan will be required in connection with the development of this lot. ORLA_1395330.1 : FOLEY FOLEY & LARDNER LLP 61. The existing Temporary Sanitary Sewer Easement granted by that certain Declaration of Easements located at ORB 8566, PG 4460, as amended by the First Amendment to Declaration of Easements located at ORB 9574, PG 4219 shall be terminated at the time the permanent sanitary sewer lift station is constructed on Lot 1 and Maguire Shoppes II, LLC is permitted to tie into a gravity line appurtenant thereto. 62. If Lot 2 is developed to include a daycare facility, then the play area depicted within that phase shall be built as depicted on the Plan. However, if Lot 2 is developed as retail/commercial space without a daycare component, then the Developer shall not be required to construct the play area and the area currently shown as a play area would be developed as open space. 63. Conditions of Approval #21, 22 and 57 are hereby deleted. 12. [Revised Comment] Please revise Sheet 4 ofthe Plan as follows: a. Under "Phasing" replace "as many as 5 phases. See table below" with "in accordance with Phasing Schedule below" b. Zoning" Replace "Existing Orane:e County Zoning" with "Existing Ocoee c. Please insert "Orange County" before "PD-Planned Development" d. Under "Open-Space," please replace "Total Parcel" with "Phases II - V" e. Under "Open Space," please delete "for the overall project parcel" f. Under "Land Uses," please insert "Phases I & II" before" Commercial," "Phases III & IV" before "Multi-Family" and "Phase V" before "Assisted." g. After the last paragraph under "Phasing," please insert the following text: Water and wastewater infrastructure for Phases II, III, & IV will be constructed in one phase with the initial phase of construction. Water and wastewater infrastructure for Phase V may be constructed concurrently with Phases II, IV & V or may be constructed as an independent phase following completion of the infrastructure for Phases II, III & IV. Storm water infrastructure for Phases II, III, & IV will be constructed in one phase with the initial phase of construction. Storm water infrastructure for Phase V may be constructed concurrently with Phases II, III & IV or may be constructed as an independent phase following completion of the infrastructure for Phases II, III & IV. ORLA_1395330.1 :FOLEY FOLEY & LARDNER LLP Please also delete the corresponding paragraphs from the bottom of the sheet. h. Please replace "Land Use Type 1" with "Phases I & II" 1. Please replace "Land Use Type 2" with "Phase V" J. Under "Land Use Type 2," please replace "Final Design" with "Final Site Plan" k. Please replace "Land Use Type 3" with "Phases III & IV" 1. Above the line that begins "One Community. . ." please insert the sub header "Conditions of Approval for Phases III and IV" m. Please revise the line that begins "One Community. . ." to delete the phrase "for this project" and to replace "it is anticipated that this facility will provide for" with "and" n. Please revise the line that begins "Amenity areas. . ." to replace "may" with "shall" o. Above the line that begins "Benches, Bike Racks. . ." please insert the subheader "Conditions of Approval for Phases II, III, IV & V" p. Please revise the waiver table to indicate that it was previously approved per the Annexation and Development Agreement for Belmere Planned Development (ORB 9741/ PG 8367) and that no new waivers are requested. q. Please insert "Phases III & IV" before "Multi-family" at the top of the Sheet r. Summary" Please insert "Phases I & II" before "Retail/Commercial Parking s. Please revise the last sentence under "Retail/Commercial Parking Summary" to read "Applicant shall execute and record a Declaration of Cross Parking Easement for Maguire Shoppes II Lots 2 & 3 and Casa Mirella Lot 2 with a joinder by CVS as lessee of Maguire Shoppes II Lot 2 and any other necessary entities" We note that the above comments have not been addressed in the Plan. Generally, the revisions to the above comments reflect the change in phase numbering effected by the most recent submittal. Please address the above comments in your next submittal. 13. [Repeat Comment] We note that throughout the Plan specific infrastructure is labeled as being the responsibility of "Others." However, as we note that this is the PreliminarylFinal Subdivision Plan, the responsibility and phasing of all features must be specified in the Plan. Accordingly, please delete all references to "others" throughout the Plan. ORLA_1395330.1 : FOLEY FOLEY & LARDNER LLP For each feature so labeled, please indicate the party responsible for construction and/or as part of which Phase the element will be constructed. We note that the Response Letter indicates that all sheets have been revised according to this comment. However, many of the sheets affected by this comment have not been included with this submittal. Accordingly, please ensure that all references to "Others" have been revised from all sheets prior to the next submittal. 14. [Repeat Comment] We note that Sheets L-l and L-2 of the Commercial Landscape Site Plan depict what is labeled as "Moore Road," but what is, in fact, Roberson Road. Please revise these sheets to correct the labels of the depicted street. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 15. [Repeat Comment] Please revise Sheet L-4 of the Commercial Landscape Site Plan to correct the spelling of "mutual" in item 1.6(B). We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 16. [Repeat Comment] Please revise Sheet L-l of the Residential Landscape Site Plan to reference the phases to which it applies in the title ofthe document. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 17. [Repeat Comment] We note that the Applicant has submitted the Easement Agreement for our review. However, we note that because Lots 2 & 3 of Maguire Shoppes II and Lot 2 of Casa Mirella are under common ownership, a Declaration of Cross Parking Easement shall be required instead of an easement agreement. If the applicant wishes to submit the Easement Agreement to us in Word format, we would be happy to modify the document to comply with this requirement Otherwise, please submit a draft Declaration of Cross Parking Easement for our review and approval with the next submittal. Please also note the following requirements for the Declaration of Cross Parking Easement (the "Parking Easement"): a. The Parking Easement must be in recordable form. b. The Parking Easement must encumber Lots 2 & 3 of Maguire Shoppes II and Lot 2 of Casa Mirella c. The Parking Easement must be accompanied by a joinder from CVS as lessee and all mortgage holders. d. The Parking Easement must be enforceable by the City. ORLA_1395330.1 : FOLEY FOLEY & LARDNER LLP e. The Parking Easement must contain a provision that prohibits its amendment, modification, or termination without the written consent of the City. f. The Parking Easement must reference as exhibits both the Site Plan for Casa Mirella Lot 2 and the site plan for Maguire Shoppes II, Lots 2 & 3. We note that the Response Letter indicates that the Declaration of Cross Parking Easement will be provided under separate cover. However, we note that we have not received the Declaration of Cross Parking Easement for review at this time. Accordingly, please address this comment in your next submittal. 18. [Revised Comment] Please provide a current title report or attorney's title opinion (the "Title Report") that references the legal descriptions for: (a) Casa Mirella, (b) Maguire Shoppes II, Lot 2, and (c) Maguire Shoppes II, Lot 3. The Title Report should identify the record owner(s) of the subject property and list all mortgages, easements andlor other encumbrances affecting the subject property. In addition, please provide copies of all documents referenced in the Title Report. We may have further comments after our review of the Title Report. Please note that we previously requested a title report only of Lot 2 of Casa Mirella. However, because the Developer will not be re-platting the property, the City Attorney will need a title report regarding all of Casa Mirella as well as the lots of Maguire Shoppes II described above so that we may adequately review the documents requested in items #24 and 25 below. Please provide the requested Title Report with your next submittal. III. Comments in Response to New Plan The following comments are based on changes made to the Plan since the Applicant's prior submittal or relate to new information or documents that have been provided since Applicant's prior submittal. 19. It is our understanding that the Developer will not re-plat the property prior to construction of the improvements. Our comments are based on this understanding. Should the Developer decide to re-plat the property rather than to make required conveyances by deed and easement, additional comments may apply and some of the comments below may not be applicable. 20. We note that the Response Letter indicates that the Applicant will be providing detailed plans for the trees to be added to Thornbrooke A venue under separate cover. Accordingly, please delete COA #59 from Sheet 2 of the Plan. 21. We note that the Response Letter indicates that the Applicant will release certain existing easements and execute new easements based upon the current layout of Phase III. Please provide draft easement termination documents and new draft easement documents for our review and approval with the next submittal. ORLA_1395330.1 :FOLEY FOLEY & LARDNER LLP 22. We note that phase lines depicted on Sheet 7 do not match the phase lines depicted on Sheet 7 A. Please revise the depiction of the phase lines so that they are consistent. 23. We note that Sheet 7 A depicts a phase line surrounding a portion of Roberson Road. It is our understanding that the Roberson Road improvements will be considered and approved independently of this plan. Accordingly, please revise Sheet 7 A to move the phase line for Phase II so that Phase II does not include the Roberson Road improvements. 24. Since the property is not being re-platted, the Articles of Incorporation and By- laws for the property owners association will need to be approved by the City prior to approval of the Plan. Accordingly, please provide drafts of the Articles oflncorporation and By-laws for the property owners association to the City for review at this time. Please note that, following City approval, the Articles of Incorporation and By-laws must be signed and notarized so that they can be recorded in the Public Records of Orange County, Florida as required by S 720.303(1), Florida Statutes. 25. Since the property is not being re-platted, the Declaration of Covenants and Restrictions for the property will need to be approved by the City prior to approval of the Plan. Accordingly, please provide a draft of the Declaration of Covenants and Restrictions for the property to the City for review at this time. Please note that the Declaration must have a legal description that is identical to the Plat legal and the Title Opinion legal and must have a joinder and consent executed by all mortgage holders. In addition, the Declaration must have the following provisions: a. All provisions required by COA #34 b. Provision requiring that any development of the property comply with the Master Architectural, Signage, Lighting and Landscape Package Plans attached as part of the Final Subdivision Plan. 26. Please add the following additional Condition of Approval: 64. The Declaration of Covenants, Conditions and Restrictions for Casa Mirella shall be recorded at the time of Final Subdivision Plan approval. Please do not hesitate to contact me should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney ORLA_1395330.1 8eacon Products Ordering Catalog ~ ~~~~WlE ~ AUG - 3 2009 CITY OF OCOEE T1VOll T1V24 T1V37 Width 14" 21- E. P.A. .77 1.54 Height 24" 37" r. LEED COMPLIANT '-.: Dark Sky Friendly 24 TIV24 1jr- ". ~,,' ",':.-> (-~~ ~UV '.. '. ~ lumincire TIV24 I TIV37 I Lens Options .. (A_) Acrylic ~Ieor frosted White ~eded Light Sources. Volt .. (INe) 150W Max. 120V .. (CF) 13 - 70 W GX24q - 1 20-277V .. (MH) 175W Med Base. 120-277V .. (HPS) 150 W Med Base. 120-277V .. (OTH) Specify Optical Options .. (GR_> Glass Refractor Type ~ / ~ C. .. (SR_) Specular Reflector Type ~ Type ~ .. (H_) House Side Shield 90 180 Electrical Options .. (FS) Fused Ispec voltagel .. (PEC) Photo celllspec voltage) .. (QRS) Quartz Restrike .. (IQ) IQ On Boord Diagnostics Style Options .. (3CD) Triple Candelabra .. (FGC) Frosted Glass Chimmney .. (FLF) Frog leg Fitter Color Options (See page 220) .. (PRE) Premium Colors and Finishes - Specify .. (BB) Black .. (BZ) Bronze .. (BG) Green .. (WH) White .. (BY) Gray .. (RAL) RAl #_ 8ases A. Centennial B. Flagler C. Madl>on A ""--- r--=II A Arms A. French Scroll B. Vinoy C. Mizner A c 88 Color B c B J p'" .,. ~~ I i.:"l'J>~. I . ..~ I n :-~.;". I ..;;--- 25 Copy of Legal Advertisement Date Published THURSDAY, 'AUGUST 6. 2009 09 Orlando' Sentinel Advertisement ,- e r 008 I 1 ~~~~~ ~~ HSE:~f~;I~~~. A~{i and Section 4-4 G(l) (e/ of the Ocaee Land Deve op. ment Code, that on TUESDAY, AUGUST 18, 2009. at 1:15 p.m.. or as soon thereafter as practI- cal, the DCDEE CITY COMMIS- SION will hold a PUBUC HEAR. ING at the Ocoee City Com- mission Chambers,' 150 North Lokeshore Drive, Ocoee, Florida, to consider the Coso Mirella Prelimi. nary/Finar Subdivision' Plan for Phases II, III. IV & V and the-Preliminary/Final Site Plan for 'phases II. III, I & IV, located' on the southwest corner of the in- tersection of Maguire Road and Roberson Rood. .The subiect properlY consists of cpproximctetv 26 acres and is proposed to be 16.000 square feet of' commercial and a 216 unit apartment development. .The parcel identification numbers are 31-22-2B.1204-01-OO0, 31-22.28' 1204-02-000 and 31-22-28-1204- 03-000. The complete case file In- 1 cludlng a complete legal de. n scription by metes and p bounds;- may be inspected e at the Ocoee Planning De- p partment; 150 North Lake. f< shore Drive, Ocoee, Flori- IT do, between the hours of h, 8:00 a.m. and 5:00 p.m.. bl Monday Ihrou9h FridaY. ex. til cept legal. holldoys.... ., fi m The City Commission may continue the public heorl.gs T to other dotes and times, as w it deems necessary. Anv.ln- Ur terested party sholl be ad- Sl vised that the dotes, -times, and places of' any contlnua- P- tion of these or continued c public hearingS sholl be an- r naunced. during the hear- t ings and that no further no- , l~~~":irr~~d~~bil~~id. mat- : . " . Any 'person wishing to op. !:,li~~ype~Tiii~~~i~~~ ~T1i need o' record of the pro- ceedings and for this pur- pose may need' to ensure that 0 verbatim .record of ~Mrrn~r~3~~~~ei ~e~l~o: ny and evidence upon which the appeal is bosed...Per- sons with disabilities need- \ i~g aa;~i~f~~~ t~~~J~~r~~~ should contoct the City Clerk's Office 48 hours in advance of the meeting at !407l 905-3105. . Beth Eikenberry, City Clerk I O~Sl006nO 8/612009