HomeMy WebLinkAboutEmergency Item #02 Shoppes at West Oaks - Interpretation of Condition of Approval No. 34
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AGENDA ITEM STAFF REPORT
Meeting Date: October 6, 2009
Item # -Emer~e.-V1~I-4em 'L 1
Contact Name: Antonio Fabre, AICP ~';,"~':;~:~t Director: ~-e? -----
Contact Number: 407-905-3100/1019 City Manager: ~
Subject: Shoppes at West Oaks-- Project # LS-2007-013 ----
Interpretation of Condition of Approval No. 34
Commission District # 2 - Rosemary Wilsen
BACKGROUND SUMMARY:
On April 15, 2008, the City Commission approved the Preliminary/Final Site Plan for Shoppes at West
Oaks project. 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.
Recently, the Applicant requested a letter from the City confirming that conveying a unit of the
condominium regime to Aldi Supermarket would not be considered by the City to be a violation of Condition
of Approval (COA) Number 34 of the approved Development Agreement (DA).
Condition of Approval Number 34 of the plans and Development Agreement states 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."
Staff has confirmed that this Condition of Approval relates specifically to the City's subdivision regulations
and that it is not applicable to a condominium deed. Therefore, subjecting the project to a condominium
form of ownership and conveyance of a condominium unit does not violate Condition of Approval Number
34. Please note that ALDI and Shoppes at West Oaks are scheduled to close this week on the sale of the
ALDI unit.
ISSUE:
Should the Honorable Mayor and City Commissioners affirm Staff's interpretation of the Development
Agreement that subjecting the project to a condominium form of ownership and conveyance of a condo unit
does not violate COA #34?
STAFF RECOMMENDATION:
Staff recommends that the Mayor and City Commissioners affirm Staff's interpretation of the Development
Agreement that subjecting the project to a condominium form of ownership and conveyance of a condo unit
does not violate COA #34.
Attachments:
None.
Financial Impact:
None.
Type of Item : (please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
O:\Staff Reports\2009\SR090072_AF _ ShoppesAtWestOaks_ COA_34_ CC.doc
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