Loading...
HomeMy WebLinkAbout01-12-1995 MINUTES OF THE PLANNING AND ZONING COMMISSION SPECIAL MEETING HELD THURSDAY, JANUARY 12, 1995 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:10 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Switzer, Members Jones, Landefeld, Miller, Rhodus, Swickerath, and Alternate Members Hopkins and McKey. Also present were City Manager Shapiro, City Attorney Rosenthal, Planning Director Wagner, City Engineer Shira, Administrative Services Director Beamer, Concurrency Analyst Resnik, Building and Zoning Official Flippen, Planner Dow, Planning Secretary King, and Deputy City Clerk Green. Also present were consulting engineers Ken Hooper (PEC), Bill Fogle (CDG), Bob Campbell (GAI), and Carmen Baran (GAI). ABSENT: Vice - Chairman Bond. NEW BUSINESS Chairman Switzer explained that, as requested by the Department of Community Affairs, the public hearings for Lake Lotta Mall and Lake Lotta Center would be held simultaneously but independently. Planning Director Wagner introduced the participants who were present representing the projects and recognized City staff and consultants who had been working on the projects. Present for Lake Lotta Mall were: Jim Grant - Homart Development Co., Ed Seikus - Homart, Jack Oliaro - Homart, Paul Montgomery - Homart, Rob Ryan - Homart, Bill Kercher - Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., John Percy - Glatting, John Moore - Glatting, Tim Jackson - Glatting, Hal Kantor - Lowndes, Drosdick, Doster, Kantor & Reed, and Mark Carter - Thompson, Ventulett, Stainback & Associates, Inc. Present for Lake Lotta Center were: Neil Frazee - Miller - Sellen Associates, Inc., Jim Sellen - Miller, Tom Cloud - Gray, Harris and Robinson, Inc., and Barry Goodman - Lake Lotta Ltd. (Bill Kercher and Tim Jackson were representing the Mall and Center) Jim Grant, Senior Development Director for Homart Development Company, thanked the City staff and the elected officials for the many months they had spent on the Lake Lotta Mall project and for the very good working relationship. He said they had also worked at length with residents to reach a consensus particularly on site plan issues and believed they had resolved many of their concerns. Concerns addressed included elimination of the proposed road into the project from Good Homes Road, tree preservation area on site, increase in the buffer between the mall and Rosehill, and, along with Lake Lotta Center, agreement to make a cash contribution to help straighten the curve near the sinkhole on White Road just west of Clarke Road. Planning and Zoning Commission Regular Meeting Naar January 12, 1995 Mr. Grant presented the site plan for the mall. He pointed out the access point on SR 50 and the three on Clarke Road. He said the plans for the initial opening of the one level mall would include four anchor stores (Gayfer's and possibly Dillard's, Sears and JC Penney), 140 to 145 smaller stores, a movie theater, food court and entertainment spine. He said they had worked with Lynx to establish mass transit opportunity on the project with a potential stop on the ring road as well as potential bus service to the main entry of the mall and a transit center location on one of the outparcels when enough routes to the project warrant having the center. He said they aimed for a March, 1995 groundbreaking and October, 1996 opening. Mark Carter, the architect who will be designing the mall building, has completed the conceptual design. He gave a brief slide presentation of the study models showing distinctive elements: three major courts elliptical in shape and capped by cupolas, vaulted trusses, and zones of trees and seating. Neil Frazee, representative for Barry Goodman and the Lake Lotta Center project, presented the conceptual plan for their project which would provide 275,000 gross square feet of leasable area, 200 multi - family residential units, and 151 single family residential units. He said Phase 1 provided for the residential units and Phase 2 the retail development. PUBLIC HEARINGS loror Lake Lotta Mall - Development of Regional Impact, Case No. DRI- 1 -9 -93 (Continued from April 14, 1994) Chairman Switzer reopened the public hearing. Planning Director Wagner summarized his staff report (Attachment No. 1) dated January 6, 1995 and advised that staff recommended that the Planning and Zoning Commission recommend City Commission approval of the Lake Lotta Mall DRI Development Order. He said Mr. Rosenthal would present a few minor changes to the Development Order, explain some of the legal aspects, and assist in formulating the formal recommendation which the P & Z might ultimately make on the project. For the record, Mr. Wagner added that information had been submitted by the Sierra Club for entry into the record (Attachment No. 2) though the club's representative was unable to attend the hearing before P & Z. Chairman Switzer confirmed that the members had received the Sierra Club report. City Attorney Rosenthal gave an overview of procedures affecting the public hearings for Lake Lotta Mall and Lake Lotta Center. He explained the relationship between the Development Orders, the Planned Unit Development Zoning /Land Use Plans, and, with respect to the Mall, 2 Planning and Zoning Commission Regular Meeting *,,, January 12, 1995 the Preliminary Subdivision Plan/Site Plan. He explained the function of the DRI Processing Agreement and the legal significance of the DRI Development Orders. He said the Development Order dealt more with regional and statewide issues while the Planned Unit Development Zoning /Land Use Plan dealt with local issues. However, the hearing for the Mall DRI would include local issues which essentially related to right -of -way dedications for Clarke Road and White Road, concurrency issues, and vested rights issues. Mr. Rosenthal said because there were many overlapping issues between the two DRI Development Orders, comments with respect to the Mall Development Order need not be repeated in total in the hearing for the Center Development Order. Member Swickerath asked in which public hearing the traffic issue should be raised. Mr. Rosenthal responded that traffic issues could be raised in both public hearings. The DRI Development Order dealt with the global traffic issues i.e. monitoring and modeling needed in order to proceed with Phase II of the project and the number of square feet which could be built without road improvement. The PUD dealt with working details such as right -of -way to be dedicated and location of turn lanes and signalization. Mr. Rosenthal directed attention to the memorandum from Mr. Wagner, dated January 12, 1995, entitled Lake Lotta Mall Development Order Changes. (Attachment No. 3) The only change was to Part I(A) (8) of the DRI Development Order which referenced the April 14, 1994 4,. public hearing and the May 2, 1994 public hearing before the City Commission. He said any motion should include the changes contained in Mr. Wagner's memorandum. The following citizens stated their concerns about traffic issues: R. P. Mohnacky, 1820 Prairie Lake Boulevard Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando Bill Cordell, 851 Hammocks Drive Lynne Milner, 1001 Featherstone Circle Dick Luce, 126 Olympus Drive Bill Sahnans, 612 Aldama Karen Bonney, 706 Spring Creek Drive Their concerns included: Need for additional lanes for SR 50 Expectation of major traffic problems on SR 50 (not reassured by studies) Intersection improvements for Clarke Road /SR 50 Intersection improvements for Good Homes Road at Old Winter Garden Road Traffic exiting turnpike on SR 50 contributing to congestion at Maguire Road and Old Winter Garden Road /Bluford intersections Study for dangerous Marshall Farms Road /SR 50 intersection 'taw 3 Planning and Zoning Commission Regular Meeting January 12, 1995 Would there be a public hearing to discuss traffic in Phase II? How many cars travel SR 50 now versus at the peak time when the mall is in? Number of parking spaces in the mall parking lot 7,500 Mr. Wagner explained that numerous traffic consultants had been involved in studying the traffic issue. One regional improvement was recommended for Phase I and that was at the intersection of Hiawassee and SR 50. North bound and south bound exclusive right turn lanes were recommended. A significant list of roads would be studied for Phase II, such as Clarke, Old Winter Garden, SR 50 and all the major roads in the area. He said the study models had shown that the traffic generated by Phase I would not exceed the capacity of the surrounding roadway network. Attorney Rosenthal said there would not be additional public hearings in connection with Phase II. The approval today would set forth the standards which would determine whether or not the mall developer could proceed to Phase II. If those standards were met, then the developer could proceed. Transportation improvements may or may not be required depending on what the monitoring /modeling and traffic analysis showed. The DRI Development Order for the mall sets forth all the various entities involved - City, Regional Planning Council, Orange County, etc. - depending on whether it was a state, county or local City of Ocoee road which was being impacted. The terms of the DRI Development Order provide for this public hearing only. There may be future public hearings, for example, on site plans for individual outparcels, but that was unrelated to the specific issues of the DRI Development Order. Tim Jackson, of Glatting, Jackson, said the study had included the projected traffic from Clermont and all of Lake County and the forecasted volumes in Phase I could be handled on SR 50 with the turnpike exit in Ocoee. The study did show an improvement need in Phase II for the section of SR 50 from the turnpike exit to Clarke Road. He said one of the things that would be looked at was potentially adding access on the East -West Expressway at Good Homes Road to take traffic to and from the West. Adding movement at the intersection at Clarke and the East -West Expressway, because of the way it was designed, would be very, very difficult and expensive, but it would be looked at. Member Swickerath said he was extremely concerned about the traffic impacts of both of these projects. He referred to a SR 50 study done several years ago which set out some principles about travel through Ocoee. He said the study was the foundation for a lot of the work that was done on the Comprehensive Plan, was the basis for arguments that he had presented to the Expressway Authority to get the western bypass relocated, and was partial justification for the construction of Clarke Road. He said the principle issue had been to avoid having SR 50 become like SR 436. Recently for a lot of very good reasons, this Commission had recommended to the City Commission, and the City Commission had agreed, to artificially inflate the capacity of thoroughfares in the City by downgrading them to another level of service. 4 Planning and Zoning Commission Regular Meeting January 12, 1995 This practice was consistent with what good planning and the Department of Community Affairs consider acceptable for an urban area such as Ocoee. That coincidence allowed these two developments to come in to this community and comply with all the minimum standards of the road. He believed 80% to 90% of full capacity LOS D was being consumed now. He was concerned that once the roads became overburdened, with Phase II development on both the projects, their capacity to serve this community would be further restricted by construction to upgrade them to accept what was proposed for Phase II. He said he wanted desperately to support these projects as he thought they were going to be very good for the community. But he said he could not support, and was going to request that his colleagues on the Board would not support, these projects and recommend their approval unless they returned to ground zero and studied, in spite of the Christmas season and the schedule and the money involved, the traffic impacts to this community long range. He said it was being farsighted and looking into the future. Mr. Swickerath asked if the traffic study had addressed peak hours on Saturday, Sunday and the Christmas holidays. Members Rhodus, Jones, Landefeld, Miller, and Chairman Switzer also stated their serious concerns about the roadway /traffic issue. Member Miller said she was concerned about the stormwater situation as well as the transportation issue. She cited high water levels in area lakes and standing water in areas where ,,, it had not been seen before. Attorney Rosenthal suggested, since the Commission had now raised some very specific points about these traffic issues, it would be appropriate for the consultants of the mall to address members' comments and then to hear from the consultants to the City staff with respect to their comments. Following their comments he would give a legal overview as to just how it would fit in to the Development Order before the Commission. Hal Kantor, attorney representing Homart, said traffic was a usual concern with every major development and traffic on SR 50 as well as other roads had been a concern from the outset. He named various groups who had conducted traffic studies and said additional studies would not result in changes from the legal perspective as they had met the requirements of the comprehensive standard for transportation. Tim Jackson said the traffic volumes on SR 50 today at peak hour /peak direction ranged from 1,000 to 1,500. In 1997 with Phase I open, those volumes would grow to 1,400 to 1,850 peak hour /peak direction. He said the questions related to the impact of the traffic to and from the mall on the roadway system. The mall has access only off of SR 50 and Clarke Road. From those points traffic on Clarke could go to the north to White Road, to Silver Star and on beyond. On the south it could go directly to the East -West Expressway, or east or west on SR 50 to a network of roads. All the traffic doesn't come to one point at one time. The 44,000 trips per 5 Planning and Zoning Commission Regular Meeting ,,,,,,. January 12, 1995 day related in the peak hour to about 1,800 peak hour /peak direction trips. On one point of SR 50 the peak is about 400 vehicles on any one point. Attorney Rosenthal said there were a few items he would like to go through which were directly relevant to the issues under discussion. First, as mentioned earlier, the recommendation out of the Region had more traffic impact in Phase I. The City staff got the developers to significantly scale back Phase I of the combined projects and told the Center that they could have zero commercial development in Phase I. Further, it would be misleading to assume that turning down the DRIs would solve the traffic impacts on SR 50. Denial of this project would result in the existing Lake Lotta PUD, which is a vested project, having the right to put approximately 21,000 trips on the road. Also, the developer would be getting zero dollars for road impact fee credits and the City would have approximately $4.5M to utilize for road improvements other than SR 50, because that is a state road, but for local roads that benefit the residents of Ocoee. Second, the developers combined would be contributing $500,000 to reduce the curvature on White Road. Their contribution would be combined with building permit fees to allow for that road improvement. If the project were turned down, there would be no funds generated through the impact fees or the contribution for White Road in order to undertake those improvements. ,,,, Third, the City felt up until a month ago that the turn lanes and stacking capacity were inadequate. Some significant improvements had been made as a result of the staff input. As members consider what would be accomplished or not accomplished by approving or disapproving this project it was important to understand if it was not approved there would remain the vested project from 1988 which had been approved when perhaps none of the governmental bodies were as tough as they would be today in terms of the particular road improvements. One of the things the City required that the Lake Lotta Center or the existing Lake Lotta PUD do was allocate 18,224 ADT's from their vested trips to Phase I of the mall project in order to reduce the total of the new potential impact from this project and to leave the Lake Lotta Center with only the trips sufficient for their Phase I, which would be the multifamily and the single family, and no vested trips for the commercial development. Second aspect of this, Lake Lotta Ltd. currently has an appeal pending to the City Commission which has been deferred pending these hearings in which they would be challenging certain provisions in the vested rights certificate on a variety of fronts. A successful challenge could result in the shifting of where traffic would come out of the project and thereby even further increase road impacts from the vested trips as a result of the existing development. In this particular Development Order staff had managed, in effect, to settle that potential appeal issue of the existing Lake Lotta vested rights by having them agree prior to this going to the City Commission that they would be withdrawing their appeal. Another aspect that was addressed in this Development Order was the issue of concurrency. The 6 Planning and Zoning Commission Regular Meeting *,,,. January 12, 1995 local conditions indicated that this particular order constituted a final certificate of concurrency under the City's concurrency management program. That means, from a concurrency management standpoint, the City would be putting all 100% of the Phase I trips of this project on the concurrency management system on the road network before the mall starts any development. Part of the rationale of the City staff was that concentrating the traffic source in Phase I in this isolated area and allowing it to be, in effect, in an area in which improvements could be made, the network was better in the long run than if the projects were allowed to come in piecemeal, impact SR 50, and not generate the impact fees in cash to the City necessary to do the improvements. Finally, when dealing with DRI Development Orders certain parameters must be dealt with which were set forth in the state statutes and set forth in case law. This basically deals with the issue of exactions. When staff was negotiating with the developers on these DRI Development Orders they could have said they were not going to approve the projects or recommend that the City Commission approve the projects unless the developers six -laned Clarke Road and six -laned SR 50 before they did anything on the projects. But the reality is that even consultants hired by the City didn't come up with studies that would show that there was a need to do those road improvements in Phase I. To impose that requirement on the developer would be considered what the DRI legislation calls an "exaction," and if this type of exaction is done under Florida law, impact fee credits must be given. It is generally recognized that this project will impact otarsw SR 50, this project will make SR 50 more crowded after the mall is open than it is today. Every traffic study shows that. He said it should be put into a context of where the City would be in terms of vested rights, concurrency, and finances if the project were not approved and where the City would be after the project were approved when all these other elements of the program were put together. City Manager Shapiro stressed the economic affect the mall and center projects would have on the City. He explained that the impact fees and building permit fees from the projects would help pay for road projects rated as high priority capital improvements by the P & Z as L.P.A. such as Clarke Road (to help pay the $6M bond), Orlando Avenue (White Road), the Kissimmee Avenue /Story Road intersection and Maguire Road. He said that staff had agonized over the traffic issue, but they believed approval of these projects would allow the City to do the most things for the citizens. Ken Hooper, of PEC, explained the DRI process. He said probably every transportation firm in central Florida had reviewed the transportation models either as the firm who created it or as peer review and all concluded that the traffic which would be created would fit within the adopted level of service for the City. He said extra capacity created by intersection improvements, turn lanes, storage and stacking would provide the buffer for the Phase I project to assure that there would be capacity on the road network to move the traffic. Now 7 Planning and Zoning Commission Regular Meeting No January 12, 1995 Bruce Behrens, 811 West Harbour Court, former Planning Director for Ocoee, said there would be traffic on SR 50 whether or not the mall was built. He said that towns across the United States have nights that are "crossroads" and this was one for Ocoee. He said the City had an opportunity to do something grand and wonderful that would not come again and urged P & Z members to trust in City staff and the other advisors and to recommend approval of the projects. Chairman Switzer said it was not his intent to let the mall slip away. He thought it was the best thing that would ever happen to this side of Orlando. If it were possible to prevent the traffic problems that some other communities had experienced, he wanted to do so. Having heard further explanations, he felt more comfortable with it. Chairman Switzer closed the public hearing as no other citizens wished to speak. Member Swickerath said he was in favor of the project, appreciated all the additional information, but was still not convinced there were not things that should not be done to improve the traffic situation with the mall and the center. Planning Director Wagner said under the conditions of approval both developers were giving 22 feet on either side of Clarke Road and whatever additional right -of -way was necessary on White Road for intersection improvements as well as the reduction of the curvature around the _ sinkhole. They were also required to give whatever right -of -way was necessary for turn lane improvements into their development. If Clarke Road were required to be six -laned in the future, it was the developer's responsibility to secure the additional right -of -way for the remainder of Clarke Road. The City would participate if need be to secure additional right -of- way, but it would be the developer's responsibility to pay for that right -of -way and that improvement. Member Landefeld seconded b Member Jones moved that the Plannin and Zonin Commission find the Develo • ment Order for Lake Lotta Mall Development of Re. ional Im act bearing . rint date of 1/6/95 to be consistent with the Ocoee Com. rehensive Plan as • roposed for amendment in Case No. CPA- 1 -9 -93 and recommend that the Ci Commission a • .rove said Develo • ment Order sub to the ado . tion of the aforementioned Com. rehensive Plan Amendment in Case No. CPA-1-9-93 and with the additional revision set forth in Mr. Wa ner's memorandum of Janua 12 1995 entitled "Lake Lotta Mall Develo • ment Order Chan. es." Motion a..roved 5 -1 with Member Swickerath voting "No." Recess: 9:25 - 9:37 p.m. ''to.. 8 Planning and Zoning Commission Regular Meeting January 12, 1995 Lake Lotta Mall Planned Unit Development Zoning, including Land Use Plan Project No. 94 -011 and Lake Lotta Mall Preliminary Subdivision Plan/Site Plan Project No. 94 -011 Chairman Switzer opened the public hearing for both issues. They would be discussed simultaneously then voted upon independently at the conclusion of the public hearing. Planning Director Wagner explained that the PUD Land Use Plan and the Preliminary Subdivision Plan/Site Plan were two separate approvals and two separate plan sets. The plans were duplicate sets to avoid confusion. If conditions were made for one they would have to be made for the other. Mr. Wagner summarized his staff report (Attachment No. 4) dated January 6, 1995 and advised that staff recommended that the Planning and Zoning Commission recommend City Commission approval for the Lake Lotta Mall PUD Land Use Plan and Preliminary Subdivision Plan/Site Plan. Attorney Rosenthal directed attention to the memorandum from Mr. Wagner, dated January 12, 1995, entitled Lake Lotta Mall PUD Land Use Plan (Attachment No. 5), and another memorandum entitled Lake Lotta Mall Preliminary Subdivision Plan/Site Plan (Attachment No. % 6) which included some corrections to the Land Use Plan and the Conditions of Approval. He said the memos were identical in terms of the specific changes or clarifications that were being requested, and he gave an overview of the changes. R. P. Mohnnacky asked if the retention ponds would protect Lake Lotta. Mr. Wagner said the retention ponds would be designed to meet all the state and local government stormwater requirements. They would provide protection from pollution to Lake Lotta and would be discharged at a rate to prevent any flooding to Lake Lotta. Gretchen Jacobs, of Rosehill, thanked the City of Ocoee, Jim Grant and Neil Frazee for the time spent dealing with their concerns. They do feel they have been heard, and hope they can continue to work through problems on future plans before the public meetings. Ms. Jacobs requested and Jim Grant agreed to the following for the record: 1 - An opaque screen would be built from the end of the wall to Lake Lotta. 2 - No lights on sites during construction - construction would not continue into "wee" hours. 3 - Adequate security, especially near theater and no neon marquee on east side of theater. (Mr. Grant said they will provide security on entire property as needed and that the theater marquee would be on the public road.) 9 Planning and Zoning Commission Regular Meeting vim,,, January 12, 1995 Maria Morganto, 335 Misty Meadow Drive, asked about the parking garage. Mr. Grant said the plan shows a proposed parking structure for Phase II. He said it would be 5 levels which would be equivalent to a two story building. Member Miller asked if the waiver of the 4 to 1 tree replacement requirement was for the entire site and the reason for reducing the requirement for large shade trees in the parking lot. Mr. Wagner said the waiver was for the area actually cleared for site. He said, according to the landscape architect, due to the size and number of islands in the parking lot that the canopy that would be created by the larger shade trees was greater than what would typically be done in a mall. They have added the trees that they otherwise would have put in those areas out along the perimeter of the property. It was a matter of type as opposed to number as they wanted a larger variety in the parking lot. In response to Member Landefeld's questions about landscaping and tree removal, Mr. Grant assured him that the landscaping for which the stores would be responsible would be consistent with the rest of the mall and Mr. Grant and Rob Ryan, landscape architect, explained they would preserve trees where the grading would permit. Chairman Switzer asked if the traffic lights at the entrances on Clarke Road would be synchronized. Yes, will be synchronized with the signal at White Road. _ Asked Mr. Grant if they foresee landscaping on Clarke Road in the future. Not planned now, will look at it down the road. Asked if the City would have a building inspector on site to facilitate the inspection. Yes. Alternate Member McKey pointed out a major stand of trees that he wanted to have preserved and asked that the request for waiver of 4 to 1 replacement on trees be denied. He asked why they were reducing the width of the travel lanes in the ring road by one foot. The reduced width was standard and would be one way to slow down traffic. Bill Cordell asked what neighbors of the mall would have to look forward to during the next 20 months. Mr. Grant said they planned to start clearing in March, would build a temporary buffer wall between the mall and Rosehill, start foundations by August, and landscaping six to eight months out from opening. Mr. Cordell suggested for the record that land be set aside for a park facility. R.P. Mohnacky suggested a demand system for the traffic lights. Stuart Davis, 1028 Shady Maple Circle, asked how the roads would be maintained during construction. Mr. Wagner said once equipment was on site it should stay there. Mr. Rosenthal said any damage to Clarke Road or sidewalks would have to be repaired or replaced Now 10 Planning and Zoning Commission Regular Meeting January 12, 1995 at the developer's expense. The public hearing was closed. Member Jones seconded b Member Landefeld moved that the Plannin ' and Zonin Commission find the Lake Lotta Mall PUD Land Use Plan date stamped b the Cit on Janua 4, 1995 to be consistent with the Ocoee Comprehensive Plan as proposed for amendment in Case No. 1 -9 -93 and the proposed Lake Lotta Mall DRI Development Order, and recommend that the Cit Commission a••rove the re•uest to re seal the existin. Planned Unit Development Zonin and Land Use Plan for the Lake Lotta PUD and rezone the property which is the subject of the a..lication in Pro'ect No. 94 -011 to Planned Unit Development and in connection therewith a. prove the new Lake Lotta Mall PUD Land Use Plan date stamped as received b the Cit of Ocoee on Janua 4 1995 includin . the Conditions of A. p royal and waivers set forth therein all subject to the adoption of the proposed amendment to the Ocoee Comprehensive Plan in Case No. 1 -9 -93 and approval of a DRI Development Order for the Lake Lotta Mall DRI and with the additional . rovisions contained in Mr. Wa . ner's memorandum of Janua 12 1995 entitled "Lake Lotta Mall PUD Land Use Plan." Motion was approved 6 -0. Chairman Switzer, seconded by Member Landefeld, moved that the Planning and Zoning Commission find the Preliminary Subdivision Plan/Site Plan date stamped by the City of Ocoee N,,,, on January 4 1995, to be consistent with the Ocoee Comprehensive Plan proposed for amendment in Case No. 1 -9 -93 and the proposed Lake Lotta Mall DRI Development Order, and recommend that the Ci Commission a. .rove the Lake Lotta Mall PUD Prelimina Subdivision Plan/Site Plan date stamped as received b the Cit of Ocoee on Janua 4 1995 all sub' ect to ado . tion of the • ro . osed amendment to the Ocoee Com s rehensive Plan in Case No. 1 -9 -93 and the a • . royal of the Land Use Plan for the Lake Lotta Mall PUD and a s *royal of a DRI Develo . ment Order for the Lake Lotta Mall DRI and with additional corrections set forth in Mr. Wagner's memorandum of January 12, 1995 entitled, "Lake Lotta Mall Preliminary Subdivision Plan/Site Plan. " Motion was approved 6 - 0. Recess: 10:45 - 10:50 p.m. Lake Lotta Center - Development of Regional Impact, Case No. DRI- 2 -9 -93 (Continued from April 14, 1994) Chairman Switzer reopened the public hearing. Planning Director Wagner summarized his staff report (Attachment No. 7) dated January 6, 1995 and advised that staff recommended that the Planning and Zoning Commission recommend City Commission approval of the Lake Lotta Center DRI Development Order. No "' 11 Planning and Zoning Commission Regular Meeting %,, January 12, 1995 Attorney Rosenthal directed attention to the memorandum from Mr. Wagner, dated January 12, 1995, entitled Lake Lotta Center Development Order Changes. (Attachment No. 8) The only change was to Part I(A) (8) of the DRI Development Order which referenced the April 14, 1994 public hearing and the May 2, 1994 public hearing before the City Commission. He said any motion should include the changes contained in Mr. Wagner's memorandum. Mr. Rosenthal pointed out two additional items in the DRI Development Order. He said for whatever reason, not withstanding the approval of the Mall DRI, if a mall of at least 800,000 square feet did not happen, this Development Order provided that this development was not entitled to proceed. Additionally, the ability to proceed with Phase I under this Development Order was tied to the completion of the improvements to reduce the curvature in White Road which were going to occur after the mall started construction under its building permit. There would be no building permits issued for even Phase I of the Lake Lotta Center until after the White Road improvements were completed. Finally, all of the discussion in the public hearing for the Lake Lotta Mall Development Order in terms of vested trips, concurrency, and traffic are also applicable in this particular project. As there were no further comments, the public hearing was closed. Member Landefeld seconded b Member Switzer moved that the Plannin . and Zonin *l,,,,, Commission find the Develo . ment Order for Lake Lotta Center Develo .ment of Re . ional Im , act bearin . . rint date of 1 -6 -95 to be consistent with the Ocoee Com . rehensive Plan as . ro , osed for amendment in Case No. CPA- 2 -9 -93 and recommend that the Ci Commission a s i rove said Develo s ment Order sub'ect to the ado I tion of the Com. rehensive Plan Amendment in Case No. CPA- 2 -9 -93 and alon. with the additional revision set forth in Mr. Wa'ver's memorandum of Janua 12 1995 entitled "Lake Lotta Center Develo • ment Order Chan. es." Motion a . . roved 6 - Lake Lotta Center Planned Unit Development Zoning, including Land Use Plan Project No. 94 -012 Chairman Switzer opened the public hearing. Planning Director Wagner summarized his staff report (Attachment No. 9) dated January 6, 1995 and advised that staff recommended that the Planning and Zoning Commission recommend approval for the Lake Lotta Center PUD Land Use Plan along with the waivers set forth therein. Attorney Rosenthal directed attention to the memorandum from Mr. Wagner, dated January 12, 1995, entitled Lake Lotta Center PUD Land Use Plan (Attachment No. 10) and gave an overview of the changes to be incorporated in the Plan. *lbw 12 Planning and Zoning Commission Regular Meeting January 12, 1995 Gretchen Jacobs said Rosehill residents wanted to be involved in the planning for the multi- family residential units planned for the area adjacent to them. Chairman Switzer asked the meaning of Page 31, Item (E) of the Development Order regarding recreation and if recreation would be provided for the multi - family site. Mr. Wagner said the developer would comply with our standard subdivision regulations to pay impact fees and provide on site private recreational facilities for their development. As there was no further comment, the public hearing was closed. Member Rhodus, seconded by Member Landefeld, moved to find the Lake Lotta Center PUD Land Use Plan date stamped by the City on January 5, 1995, to be consistent with the Ocoee Com s rehensive Plan as • ro s osed for amendment in Case No. 2 -9 -93 and the fro • osed Lake Lotta Center DRI Development Order, and recommend that the City Commission approve the re . uest to re s eal the existin . Planned Unit Develo . ment Zonin . and Land Use Plan for the Lake Lotta PUD and rezone the 'rose which is the sub'ect of the a s s lication in Pro'ect No. 94 -012 to Planned Unit Develo s ment and in connection therewith ass rove the new Lake Lotta Center PUD Land Use Plan date stain s ed as received b the Cit of Ocoee on Janua 5 1995 includin. the Conditions of A. I royal and waivers set forth therein sub'ect to the ado s tion of the s ro. osed amendment to the Ocoee Com s rehensive Plan in Case No. 2 -9 -93 and a. s royal of Itiow a DRI develo . ment order for the Lake Lotta Center DRI and also alon . with the revision set forth in Mr. Wa ! per's memorandum of Janua 12 1995 entitled "Lake Lotta Center PUD Land Use Plan." Motion approved 6 -0. ADJOURNMENT The meeting was adjourned at 11:20 p.m. T y Harold Switzer, Cnairma f k aiL4L £ Marian Green, Deputy City Clerk 13 Attachment #1 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" // Ocoee S. SC 2 V AND ERGRIFT ��,y. • COMMISSIONERS \ v. D. CITY OF OCOEE PAUL w FOSTER .,� 'D 150 N. LAKESHORE DRIVE SCOTT A. GLASS �' v OCOEE, FLORIDA 34761 -2258 JIM GLEASON � '' .3; (407) 656 -2322 40,P `� CITY M ANACER Of G00° ELLIS SHAPIRO SRP -462' STAFF REPORT DATE: January 6, 1995 TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning / SUBJ: Lake Lotta Mall DRI Development Order Case No. DRI- 1 -9 -93 ISSUE: Should the Planning and Zoning Commission recommend that the City Commission approve the attached Development Order for the Lake Lotta Mall DRI (bearing print date of 1/6/95) in Case No. DRI -1 -9- Now 93? BACKGROUND: The Lake Lotta Mall DRI Application for Development Approval was submitted for initial review on September 8, 1993. The developer also submitted two sufficiency responses to the Application for Development Approval as supplemental information. These materials were extensively reviewed by City Staff, Orange County, the Regional Planning Council and various State agencies. On April 20, 1994, the Regional Planning Council adopted a Recommended Development Order for consideration and inclusion in the Final Development Order to be issued by the City of Ocoee. This Recommended Development Order was previously provided to the Planning and Zoning Commission and City Commission for their review. In accordance with Chapter 380, Florida Statutes, on April 14, 1994 the Planning and Zoning Commission held a public hearing on the proposed development of regional impact and continued that public hearing to a date to be determined. On May 2, 1994, the City Commission also held a public hearing on the proposed development of regional impact and also continued that public hearing to a date to be determined. A Special Meeting of the Planning and Zoning Commission has been scheduled to continue and reopen the public Now hearing on the proposed development of regional impact. Lake Lotta Mall DRI Development Order January 6, 1995 Page 2 In response to subsequent changes proposed for the Lake Lotta Center DRI, the Lake Lotta Mall developer proposed amendments to its DRI to make both projects compatible. During the intervening period, City Staff has worked with the developer to fashion a development program and conditions of approval which ensure that the project will not adversely impact City services, natural resources and financial capabilities. Attached hereto is a copy of the proposed Development Order for the Lake Lotta Mall DRI which was approved by the DRC on December 20, 1994. In order to assure that the Lake Lotta Mall DRI is properly coordinated with the companion Lake Lotta Center DRI, the Florida Department of Community Affairs has required the developers of both projects to enter into a formal processing agreement which stipulates that all impacts related to transportation facilities, low income housing, air quality, wildlife, vegetation and wetlands be considered jointly. Attached hereto is a copy of the Lake Lotta DRI Processing Agreement. Additionally, the Development Order is being considered in combination with a proposed Comprehensive Plan Amendment providing for a Future Land Use Map change, as well as with a rezoning of the property to Planned Unit Development providing for a new Land Use Plan. The proposed Comprehensive Plan Amendment (Case No. CPA- 1 -9 -93) was previously approved by the Planning and Zoning Commission on May 12, 1994 and subsequently approved by the City Commission on May 26, 1994 and transmitted to the Department of Community Affairs. So as to expedite the overall development review process, the developer has also included a Preliminary Subdivision Plan /Site Plan for review and approval. ANALYSIS: The proposed Lake Lotta Mall DRI Development Order provides for the development of a regional mall with associated peripheral retail uses. The project is planned to be developed in two phases on a site encompassing 130 acres. The chart below summarizes the proposed development program. LAND USE PHASE I (1997) PHASE II (2000) TOTAL RETAIL GLA GSF GLA GSF GLA GSF MALL 1,000,000 1,245,276 150,000 155,955 1,250,000 1,401,231 PERIPHERAL 100,000 105,000 150,000 157,000 250,000 262,000 TOTAL 1,200,000 1,350,276 300,000 312,955 1,500,000 1,663,231 GLA = Gross Leasable Area in Square Feet N GSF = Gross Square Feet • Lake Lotta Mall DRI Development Order January 6, 1995 Page 3 Allowable uses for development incorporate all uses permitted under the C -2 Zoning District, including but not limited to retail mall, retail, restaurants, a movie theater, an auto service /gasoline sales center, and related retail activities. A number of uses are prohibited from development including gasoline stations, automobile sales, commercial convenience stores with or without gas sales, equipment sales, drive -in restaurants with no inside seating, miniature golf courses, pawn shops, and funeral homes. Up to a total of 7,500 parking spaces will be provided, depending upon the actual retail uses developed on the site. In addition to identifying the size and type of development which may be permitted, the proposed Development Order also stipulates how the various impacts generated by the project will be mitigated. This includes identification of initial transportation improvements which must be accomplished prior to completion of Phase I as well as an extensive traffic monitoring and modeling program which must be undertaken to identify roadway and intersection improvements needed to permit development of Phase II of the project. Specifically, the proposed Development Order calls out for cash contributions from the developer to permit the City to reduce the curvature of White Road just west of Clarke Road. It also specifies additional rights -of -way to be dedicated for future improvements to Clarke Road, White Road and S.R. 50. Other matters covered in the proposed Development Order include provisions pertaining to wildlife management, wetland conservation, management of stormwater, low income housing, transit, ridesharing, pedestrian and bicycle circulation as well as miscellaneous legal provisions generally provided in such documents. The proposed Development Order also includes Findings of Fact and Conclusions of Law. STAFF RECOMMENDATION: On December 22, 1994, the DRC approved the proposed Lake Lotta Mall Development Order subject to a small number of final changes. These modifications have since been incorporated within the document attached. Accordingly, Staff respectfully recommends that the Planning and Zoning Commission find the Development Order for Lake Lotta Mall Development of Regional Impact bearing print date of 1/6/95 to be consistent with the Ocoee Comprehensive Plan, as proposed for amendment in Case No. CPA- 1 -9 -93, and recommend that the City Commission approve said Development Order subject to the adoption of the aforementioned comprehensive plan amendment in Case No. CPA- 1 -9 -93. RBW /emk Attachment Attachment #2 • P & Z Minutes .. 1/12/95 \I / / t � � Si erra Club • l ' \. � , t C entral Florida Group v,0,6 � w ' ' 0!% ;� '," •,'� P.O. Box 941692 • Maitland, Florida 32794 -1692 January 12, 1995 City of Ocoee Planning & Zoning Commission 150 N. Lakeshore Drive • Ocoee, FL 34761 RE: LAKE LOTTA MALL AND LAKE LOTTA CENTER APPLICATIONS Dear Planning & Zoning Commission Members: • In behalf of the Central Florida Sierra Club, I would like to thank you for the opportunity to comment on the Lake Lotta Mall and Lake Lotta Center applications For DRI approval and to amend the Ocoee Comprehensive Plan. I am unable to attend the Planning & Zoning Commission hearing due to family obligations, but I do intend to attend the upcoming City k ill Commission hearing on these items. The Central Florida Sierra Club stresses that we do not oppose these comprehensive plan amendments. Instead, we have chosen to review and comment on these DRI's to focus needed attention on three environmental issues: protecting a currently viable population of gopher tortoises on the mall site, promoting mass transit, and promoting energy efficiency. The attached report, Lake Lotta Mall: Lessons Not Yet Learned, discusses these issues and offers the following specific recommendations: • Reduce parking at Lake Lotta Mall from 8500 parking spaces (6.3 spaces per 1000 ft of gross floor area) to 6413 total parking spaces (4.75 spaces per 1000 ft • Change Lake Lotta Mali to two stories and make one of its four proposed department stores three stories, to reduce the project's building footprint. • Redesign both projects to promote mixed use development by bringing the various uses closer together, and designed to relate more closely to one another. • Avoid road improvements, including road widening and intersection improvements. • Support construction of exclusive transit lanes and bicycle paths along Colonial Drive, and dedicate on -site transit corridors, transit center or superstop. • Change leasing arrangements to a "utilities included" pricing approach to provide a powerful incentive to seek long run utility cost savings. • Perhaps you may wonder why the title "Lessons Not Yet Learned" was chosen for the attached report. Please be assured that no offence is intended by this title, either to the V . When we try to pick out anything by itself, we find it hitched to everything else in the universe." John Muir • 0 Printed on recycled paper. applicants or the City of Ocoee. Rather, the Sierra Club is convinced that the environ- mental lessons illustrated by the Lake Lotta Mall and Lake Lotta Center projects are lessons our community must and will eventually learn, so that we as humans will live in harmony with nature. The two applications before you today, as currently presented, simply illustrate that we have not learned these lessons yet. In closing, the Central Florida Sierra Club specifically requests to be placed on your distribution list for any and all materials concerning the referenced applications. Please send all other correspondence related to these projects to me at the following address: Bruce Hossfield P.O. Box 2975 Orlando, FL 32802 Your cooperation in this matter is most appreciated. Sincerely, ft; ) 4 11. 1 ce Hossfield, A - ' . - ... - -... . \\br /(- ', 4,;';;f Sierra Club ,. ,�_ < 76, Central Florida Group s:,;.� ,w4a!i;,,�,i, P.O. Box 941692 • Maitland, Florida 32794 -1692 \ fri/1/ . , LAKE LOTTA MALL: LESSONS NOT YET LEARNED Revised 117195 Submitted by Bruce Hossfield, AICP Representing the Central Florida Sierra Club Why is the Sierra Club commenting on the Lake Lotta DRI's? The Lake Lotta Mall and Lake Lotta Center DRI's are two regional shopping malls to be built on t hy burned -out orange groves. They are in a perfectly logical location - the intersection of a four lane divided state highway and a regional expressway. The Central Florida Sierra Club does not oppose these DRI's. Instead, we have chosen to review and continent on these DRI's to focus needed attention on three environmental issues: • Protection of a currently viable population of gopher tortoises in an urban setting, • Methods of promoting mass transit use while developing a regional activity center at a major transportation hub, and • Methods of promoting energy efficiency in commercial building construction. Because the Lake Lotta Mall is the larger of the two proposed developments and better illustrates the three environmental issues involved, most of the comments below focus on this DRI. THESIS: . If environmental protection, transit - oriented design and energy efficiency had been part of the applicants' philosophy from the inception of the projects, all could have been achieved without significantly affecting the cost, size or market- ability of the shopping mall. k "When we try to pick out anything by itself, we find it hitched to everything else in the universe." John Muir ' 0 Printed on recycled paper. • ENVIRONMENTAL GOALS: Protecting the Gopher Tortoises on the Lake Lotta Mall Site The Lake Lotta Mall site currently supports a Gopher Tortoise population estimated by the applicant at 123± individuals (Sufficiency Response, page 18). The site includes 97.67 acres of "valuable" habitat and additional less significant habitat, primarily in the northern and northeastern portions of the property. Consultants for the applicant dismiss this tortoise population as not viable. They propose to pay $151,769.78 to the Florida Game & Fresh Water Fish Commission (FGFWFC) wildlife mitigation fund for the right to eliminate this population. Yet according to the FGFWFC report "Ecology and Habitat Protection Needs of Gopher Tortoise Populations Found on Lands Slated for Large -Scale Developments in Florida," a protected gopher tortoise population should contain a minimum of 40 -50 individuals to meet goals for population viability (page 34). According to the report, the area needed to sustain this population is 25 -50 acres, if long -term management is provided. The gopher tortoise population and habitat on the Lake Lotta site are large enough to meet both standards. Incorporating transit - oriented design The treatment of transit issues in both DRI applications is extremely cursory. The East. Central Florida Regional Planning Council (ECFRPC) preliminary staff recommendations include three proposed transit- related conditions (#20, 21 & 22 for Lake Lotta Mall, #22, 23 & 24 for Lake Lotta Center). These proposed conditions require: • Walkways and bikeways linking the two DRI's with each other and the surrounding street network; • Hiring and funding of a rideshare coordinator to distribute transit information; • Lake Lotta Mall is required to be served by at least one Lynx transit route (requirements for financial support of the route were deleted at the request of the applicant); • Construction of transit shelters, signage lighting and displays. • While these conditions may go slightly beyond the transit conditions placed on similar DRI' s in the past, they are not extensive. The Sierra Club finds this extremely disappointing. We recognize that Central Florida' s auto - dependent approach to land development must change significantly some time during the useful lifetime of the proposed mall structures, approximately 50 years (see, for example, the data presented in economist John Blackburn's Solar Florida, 1993). A more proactive mall design philosophy at the inception of the projects could have incorporated far more transit facilities through changes in building design, location and orientation, dedication of future on -site transit corridors, and providing facilities such as transit centers or superstops. Improving energy efficiency As with transit, the treatment of energy issues in both applications is extremely cursory. Neither DRI applicant proposes energy efficiency measures beyond meeting existing energy codes. Yet 2 according to a recent analysis summary of energy use in commercial buildings (John Blackburn, Solar Florida, pages 73 -81, 105), opportunities for energy conservation in retail development projects using existing cost - effective technology include more efficient lighting (potential 50 -60% energy savings compared to current code), space heating and cooling (nearly 60% savings), water heating (up to 75 %), and reductions in heat gain from parking lots. Construction cost increases resulting from use of these available technologies are paid for over a 3 -5 year period through reduced energy bills. But energy efficient technologies are ordinarily not incorporated into commercial buildings because utility bills are the responsibility of tenants, not the building owner. RECOMMENDATIONS: Project design changes that can help achieve all three environmental goals: Suppose that the applicants had considered protection of the gopher tortoise habitat, transit- oriented design and energy efficiency important enough to plan for from project inception. How could the projects be redesigned to incorporate these goals? Parking: The Lake Lotta Mall applicant proposes up to 8500 parking spaces for the 1,350,000 ft mall (ADA page 10 -1). This represents a parking ratio of 6.3 spaces per 1000 ft of gross floor area. According to the Urban Land Institute (ULI) study Parking Requirements for Shopping Centers, this parking ratio represents a bit more parking than needed to serve the annual peak shopping hour - i.e., the busiest hour of the busiest day of the Christmas shopping rush. But ULI does not recommend using this standard, considering it wasteful. Instead, ULI recommends designing parking for the 20th busiest hour of the year, or 5.0 spaces per 1000 ft (pages 12 -13). This ULI standard results in some parking congestion during 19 shopping hours per year (out of a total of over 3000 shopping hours). A slightly more ambitious reduct ion in parking - to the 30th busiest hour - yields a parking ratio of 4.75 spaces per 1000 ft (page 13). For Lake Lotta Mall this would be a reduction of 2087 spaces, to 6413 total parking spaces. (Please note that even this standard is considerably higher than the planning standard used for the roads leading to these parking lots. For road planning, we use average daily peak hour. There being 365 such peak hours per year, using the average of these hours is analogous to planning for the 182nd busiest hour of the year.) Reducing Lake Lotta Mall's parking to 6413 spaces assists in achieving all three environmental goals discussed above. Using and average area of 400 ft per parking space, the 2087 space reduction in parking opens up 19.16 acres of land for gopher tortoise habitat. This is over three- fourths of the land needed to meet the minimum FGFWFC habitat requirement. The introduction of 10 congested shopping hours per year beyond the ULI standard would be only a slight inconvenience to customers. Yet the reduced parking would provide an incentive for mall employees and others to cooperate with the mall's rideshare coordinator, since store managers 1 The actual gross floor area of the proposed mall has changed slightly several times during the review process. However, these changes have not been great enough to affect the analysis that follows. 3 kre would want to free up parking spaces by having employees use transit during peak periods. The parking reduction also would save energy by reducing heat gain by approximately 24 %. Building Footprint Area: Current design specifications for Lake Lotta Mall call for approx- imately 910,000 gross ft of department stores spread equally over two floors and about 440,000 gross ft of mall and other stores on one story (correspondence from John Percy, 4/15/94 and 4/19/94). Yet there is nothing out of the ordinary about two -story shopping malls, or about three - story department stores within such malls. Changing the Lake Lotta Mall to two stories and making only one of its four proposed department stores three stories would significantly reduce the project's building footprint - by a total of 6.79 acres. This area, when added to the 19.16 acres saved by the parking reductions discussed above, yields a total of 25.95 acres - sufficient to sustain a viable gopher tortoise habitat, according to FGFWFC standards. Please note that this total does not include land area saved by the reduced need for stormwater retention/detention occasioned by the smaller impervious surface area. Stormwater savings could increase the 25.95 acre figure by 20% or more. Reducing the shopping mall's building footprint assists transit - oriented design by making the mall more compact, and therefore more accessible to its primary transit stop. Because the most valuable gopher tortoise habitat is primarily in the northern and northeastern portions of the property, the mall site would be shifted south from its currently planned location, closer to Colonial Drive and more convenient to transit riders (and auto traffic too). Finally, a reduced building footprint also promotes energy efficiency by increasing the efficiency of the air conditioning distribution, reducing heat gain from the building roof, and reducing air conditioning losses through the building shell. Mixed Use Development: Both of the Comprehensive Plan amendment packets reference Future Land Use Policy 1.4 of the Ocoee Comprehensive Plan, which states in part: "The City shall allow mixed uses in the Special Strategy Areas (SSA's) which include ... Activity Centers ..." The Lake Lotta Mall application states that this policy "support[s] the proposed project ..." (page 6 of the application packet, immediately preceding the Policy 1.4 reference). Yet the applicant is specifically proposing to reduce the four different land use categories now applying to the property to one: commercial. The commercial designation must be applied to the full site in order to accommodate the regional mall project that is proposed." (application packet, page 3). Such a change is clearly contrary to the intent of Policy 1.4. The Lake Lotta Center application states, "Lake Lotta Center ... is being proposed as a mixed use development" (application packet, page 4). But the project is not a mixed use development. The different uses are deliberately proposed to be well- separated, on sites that will be buffered and walled off from one another. 4 4 It has become a well - established planning principle that mixed use development can reduce auto traffic, encourage pedestrian activity and use of mass transit. Mixed use development also can increase energy efficiency in the same way as building the mall two stories instead of one: increasing the efficiency of the air conditioning distribution, reducing heat gain from the building roof, and reducing air conditioning losses through the building shell. For Lake Lotta Mall, mixed use development also can help in protecting the gopher tortoise habitat by further reducing the land area needed to support the project. Land freed up through mixed use development could be added to the gopher tortoise habitat. The deliberate separation of land uses as proposed by the applicants will not yield any of these benefits. The projects should be redesigned to provide a much closer association between the proposed uses. This is not to suggest that there be apartment buildings sticking out of the shopping mall - just that the various uses should be closer together and be designed to relate more closely to one another. Additional steps toward environmental responsibility Avoid Road Improvements: As with almost all major development projects, transportation issues have dominated public discussion about the Lake Lotta projects. The applicants' ADA/DRI's and sufficiency responses devote most of their pages to proving that Colonial Drive and other thoroughfares will continue to (just barely) operate at Level of Service D, the adopted k re service standard for these roads. The Sierra Club respectfully rejects the entire idea of planning for more and more roads for more and more cars. As noted above (page 2), we recognize that Central Florida's auto - dependent approach to land development must change significantly some time during the useful lifetime of the proposed mall structures, approximately 50 years. The Sierra Club simply cannot support actions that promote automobile traffic, including road widening and intersection improvements. Cars are without a doubt the most environmentally destructive possession that Americans own, and driving is our most destructive activity. Promote Mass Transit: As an alternative to road improvements, the Sierra Club recommends that all money that either the applicants or others intend to spend on transportation improvements should be devoted to mass transit facilities. In particular, we would support the construction of an exclusive transit lane and bicycle path along Colonial Drive. In addition, dedication of on -site transit corridors, and providing facilities such as a transit center or superstop would go a long way toward making Lake Lotta Mall ready for the future. The mall site is currently served by just one Lynx bus route ( #27), running east -west along Colonial Drive, which provides only hourly daytime service, with no Sunday service. No north -south transit service currently exists. Condition 21 of the ECFRPC prelinunary staff recommendations states, "transit operations shall be adequate to attract ... 222 peak hour riders at buildout." But what is meant by "peak hour" in this situation? Peak shopping hours for regional malls occur at midday, with a lesser evening peak. Peak commuting hours for mall employees also do not follow a typical morning/evening pattern, 5 kliow since most mall store will close at 9 PM. Lynx currently provides no evening service for either customers or employees. As world -wide depletion of oil reserves makes auto travel more expensive during the next 40 -50 years, significant changes in transit service clearly will be needed to serve both the Lake Latta Mall and Lake Lotta Center DRI's. Encourage Energy Efficiency: As noted above, energy efficiency improvements that exceed current building codes can result in significant log -run cost savings. Construction cost increases resulting from use of these available technologies pay for themselves over a 3 -5 year period through reduced energy bills. However, energy efficient technologies are ordinarily not incorporated into commercial buildings because utility bills are the responsibility of tenants, not the building owner. A key incentive for the Lake Lotta DRI's, then, would be to change leasing arrangements to a "utilities included" pricing approach. Internalization of energy costs by the building owners would provide a powerful incentive for them to seek long run utility cost savings. 6 • Attachment #3 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" . _ 1f12f 95_______ O COee S. SCOTT VANDERGRIFT � ` � COMMISSIONERS �' R USTY JOHNSON K • D . CITY OF OCOE PAUL W. FOSTER v O 150 N. LAKESHORE DRIVE SCOTT A. GLASS l� ? t� OCOEE, FLORIDA 34761 -2258 JIM GLEASON y \' ♦ (407) 656 -2322 J' CITY MANAGER 4 Op 6pOv �■ ELLIS SHAPIRO MEMORANDUM TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning DATE: January 12, 1995 RE: Lake Lotta Mall Development Order Changes Due to the complexity of the DRI projects, Staff has continued to work with the developer to clarify various aspects of all project documentation to ensure that the Development Order, Conditions of Approval and Plans are correct and internally consistent. As a result of these final reviews, a number of items 'f,, still require minor adjustment. All changes are consistent with the actions taken by the Development Review Committee. Accordingly, Staff recommends that the following changes be incorporated within the proposed Development Order for the Lake Lotta Mali Development of Regional Impact and considered for approval: 1. Revise Part I(A)(8) to read as follows: "8. All public hearings as required by Section 380.06, Florida Statutes, have been duly noticed and held, including without limitation, a hearingg before the City Planning and Zoning Commission on Aril 14, 1994 and January 12, 1995, and the City Commission of the City of Ocoee on Mav 2. 1994 and January 26, 1995." CAWPSI\DOC NOCOEVAEMO9\ LLMALLOR.MEM11 /1 2/95 1384IPER;j1 g54.7 Attachment #4 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1/12/95 Ocoee f S. SCOTT VANDERGRIFT ir • Q COMMISSIONERS t • = CITY OF OCOEE RUSTY JOHNSON Q. PAUL W. FOSTER 150 N. LAKESHORE DRIVE SCOTT A. GLASS OCOEE, FLORIDA 34761 -2:58 JIM GLEASON � •? 40 656 -2322 f ( CITY MANAGER E4 Of 000 ELLIS SHAPIRO SRP -465 STAFF REPORT DATE: January 6, 1995 TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning' C' SUBJ: Lake Lotta Mali PUD Land Use Plan & Preliminary Subdivision Plan /Site Plan Plans Date Stamped by the City January 4, 1995 Project No. 94 -011 ISSUE: Should the Planning and Zoning Commission recommend that the City Commission repeal the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezone the property which is the subject of the application in Project No. 94 -011 to Planned Unit Development, and in connection therewith, approve the new Lake Lotta Mall PUD Land Use Plan including the Conditions of Approval and waivers set forth therein, and the Lake Lotta Mall PUD Preliminary Subdivision Plan /Site Plan? BACKGROUND: The Lake Lotta Mall PUD is located north of S.R. 50 and south of White Road east of Clarke Road. The PUD Land Use Plan was initially submitted for City review on October 8, 1993. In order to conform the Plan to all DRI and City Land Development Code requirements, the developer submitted a number of sufficiency responses and attended numerous meetings with the City Staff and its consultants to resolve all issues raised. The Land Use Plan presented for consideration reflects and is compatible with the amendments proposed by the Ar► developer to the original Lake Lotta Mall DRI and the proposed DRI • Lake Lotta Mall, PUD Land Use Plan & PSP /SP January 6, 1995 �r► Page 2 Development Order as approved by the DRC on December 22, 1994. The PUD is also consistent with the proposed Comprehensive Plan Amendment Future Land Use Map change proposed for this site. Approval of the Lake Lotta Mall PUD Land Use Plan constitutes a rezoning of the property and would replace the existing Lake Lotta, Ltd. PUD Land Use Plan which currently regulates the development of the property. Except for the title on Sheet 1 of 1 of the PUD Land Use Plan, the Preliminary Subdivision Plan /Site Plan is exactly the same set of drawings as the PUD Land Use Plan. These Plans are being submitted concurrently to expedite the review process. ANALYSIS: The Lake Lotta Mall PUD provides for the development of a retail mall and peripheral retail uses constituting a total Gross Leasable Area of 1,500,000 square feet. The project is planned to be developed in two phases on a site encompassing 130.0 acres. Phase I incorporates 1.1 million square foot of mall space and 100,000 square feet of outlot development. Phase II of the project will involve up to 150,000 square feet of mall expansion and another 150,000 square feet tiro, of peripheral development. The mall itself incorporates space for up to five anchor stores, a theater complex, food court, and future parking garage in addition to space for approximately 140 retail shops. Uses permitted within the project are consistent with the proposed DRI Development Order. Specific development standards pertaining to the entire project are also called out on the Plan, and an extensive list of Conditions of Approval will also regulate the future development of the site. Major features of the proposed Land Use Plan and Preliminary Subdivision Plan /Site Plan are summarized below: • An extensive number of roadway improvements are proposed to accommodate mall traffic including three new signalized intersections and upgrades to two existing intersections. • Additional rights -of -way are to be dedicated for future improvements to S.R. 50 and Clarke Road. • The developer will provide a $250,000 cash contribution to assist the City in reducing the existing curvature of White Road just west of Clarke Road. • An extensive traffic monitoring and modeling program will be required prior to development of Phase II of the project `r to identify roadway and intersection improvements necessary to mitigate impacts generated. Lake Lotta Mall, PUD Land Use Plan & PSP /SP January 6, 1995 Page 3 • The proposed stormwater retention ponds are positioned along the site perimeter to form a buffer between the mall and the Rosehill neighborhood as well as the proposed single family neighborhood north of the project. • The multi- family portion of the Lake Lotta Center DRI is accessible through the Lake Lotta Mall project, and there will be no access to Good Homes Road. • All building setbacks along roadways and adjoining residential areas are consistent with City Land Development Code standards, and special setback provisions contained within the original Lake Lotta, Ltd. PUD are maintained to protect the Rosehill subdivision. .1 • Extensive landscape buffers are provided along Clarke Road and S.R. 50, and screening walls are specified to be constructed ahead of development where the site abuts existing /proposed single family subdivisions. • Tree preservation areas have been set aside near the two project entrances on Clarke Road, and significant landscaped buffers and planting areas have been planned along roadways, within the parking lots and adjoining the mall building perimeter. • Lighting within retail areas will be limited to 40' in height, and all lighting emanating from the site will be shielded from adjoining single family developments. • An initial bus transit center is proposed adjoining the ring road, and a space is reserved within an outlot for a possible "superstop" location. • An unfinished police substation area as well as a public community meeting room will be provided within the mall at no cost to the City. A number of waivers have been requested by the developer as part of the PUD Land Use Plan and Preliminary Subdivision Plan /Site Plan approval. These include 1) a request to slightly reduce the size of parking spaces; 2) a reauest to provide zero setbacks for buildings on individual lots within the mall; 3) a request to increase the allowable distance from the entrance to parking; 4) a request to slightly reduce travel lane width on internal driveways; 5) a request to slightly reduce the required number of parking spaces; 6) a request to waive tree survey requirements outside protection areas; 7) a Lake Lotta Mall, PUD Land Use Plan & PSP /SP Noir January 6, 1995 Page 4 request to waive the 4 to 1 tree replacement requirement; 8) a request to waive detailed specifications for landscaping in parking lots; 9) a request to provide hedges for screening instead of berms; 10) a request to increase the permitted height of screening walls; 11) a request to provide alternative landscaping along screening walls; 12) a request to reduce the requirements for large shade trees in parking lots; 13) a request to compute open space including retention ponds; and 14) a request to reduce maintenance berm widths around retention ponds. STAFF RECOMMENDATION: On December 22, 1994, the DRC approved the'proposed Lake Lotta Mall PUD Land Use Plan and Preliminary Subdivision Plan /Site Plan as submitted on that date, subject to a small number of final changes. These modifications have since been incorporated into the attached Plans. Accordingly, staff respectfully recommends that the Planning and Zoning Commission find the Lake Lotta Mall PUD Land Use Plan and Preliminary Subdivision Plan /Site Plan date stamped by the City on January 4, 1995 to be consistent with the Ocoee Comprehensive Plan as proposed for amendment in Case No. 1 -9 -93 and the proposed Lake Lotta Mall DRI Development Order, and recommend that the City Commission approve the request to repeal the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezone the property which is the subject of the application in Project No. 94-011 to Planned Unit Development, and in connection therewith, approve the new Lake Lotta Mall PUD Land Use Plan (date stamped as received by the City of Ocoee on January 4, 1995), including the Conditions of Approval and waivers set forth therein, and further approve the Lake Lotta Mall PUD Preliminary Subdivision Plan /Site Plan (date stamoed as received by the City of Ocoee on January 4, 1995), all subject to the adoption of the proposed amendment to the Ocoee Comprehensive Plan in Case No. 1 -9 -93 and approval of a DRI development order for the Lake Lotta Mall DRI. RBW /emk 'tire Attachment Attachment #5 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" ,..,..1112/95 -- ' O COee S. SCOTT VANDERGRIFT O " 4I k / COMMISSIONERS IW • • a CITY OF OCOEE RUSTY JOHNSON PAUL W. FOSTER v /� 150 N. LAKESHORE DRIVE SCOTT A. GLASS l� ? C'► OCOEE, FLORIDA 34761 -2258 JIM GLEASON y (407)656-2322 CITY MANAGER �f GOOD ELLIS SHAPIRO MEMORANDUM TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning DATE: January 12, 1995 RE: Lake Lotta Mall PUD Land Use Plan Due to the complexity of the DRI projects, Staff has continued to work with the developer to clarify various aspects of all project documentation to ensure that the Development Order, Conditions of Approval and Plans are correct and internally consistent. As a result of these final reviews, a number of items % row still require minor adjustment. All changes are Consistent with the actions taken by the Development Review Committee. Accordingly, Staff recommends that the following changes be incorporated within the proposed PUD Land Use Plan for the Lake Lotta Mall PUD and considered for approval: 1. Page 11 of 14 should indicate a 22' dedication along Clarke Road within Section 1.03 G. 2. All plan sheets delineating the proposed lift station site should designate its location by name with a note that references Condition of Approval #31. 3. The following changes should be made to the Conditions of Approval ( "COA "): a. Change "the property" to "the Property" throughout the Conditions of Approval. b. Add a new COA #45 to read as follows: "All references in these Conditions of Approval to "the Property" shall refer to those lands which are the subject of the Lake Lotta Mall PUD and are more particularly described on Sheet 7 of the Land Use Plan." c. Change the next to the last sentence in the third paragraph of COA #1 to read as follows: "The right -of- way areas shall be conveyed by warranty deed in a form N`r► and substance acceptable to the City, along with title information evidencing the Developer's unencumbered ownership or provision of the appropriate releases; Provided. however. that such conveyances shall be subject to easements of record. d. Change the first sentence of COA #21 to read as follows: "Bicycle racks will be provided at Mall entrances as shown 2n Sheet 1 of the Land Use Plan." e. Delete COA #31 in the entirety and substitute the following in lieu thereof: 31. Lift Station: j It is contemplated by the City and the Developer that sanitary sewer service to the Property will be provided by means of a new lift station ( "the New Lift Station ") which will (i) be designed and constructed to serve only the Property ( "Service Option #1 "). or (ii) be designed and constructed to serve only the Property and that portion of the Lake Lotta Center PUD designated by the owner thereof in a timeframe compatible with the anticipated construction schedule for such New Lift Station and the mall ( "Service Option #2 "), or (iii) be designed and constructed as a "regional facility" serving the Property, the portion of the Lake Lotta Center PUD designated as aforesaid. if any. and other lands as determined by the City ( "Service Option #3 "). The Developer will determine which service option should be pursued for the development of the Property. However. it is the preference of the City that Service Option #3 be utilized if determined by the City to be technically and economically feasible. provided that this shall not be construed so as to negate any of the rights of election granted herein to the Developer regarding the service option to be selected. j In connection with the first final subdivision /site plan approval for the Property or any portion thereof. the Developer will advise the City which service option has been selected and the site of the New Lift Station. If the Developer selects Service Option #3. then the Developer will also provide the City with such information as may be reasonably necessary for the City to evaluate the technical and economic feasibility of the City and the Developer Proceeding with Service Option #3. The information submitted shall include a survey and legal description of the proposed site of the New Lift Station. with such survey being prepared by a licensed Florida surveyor and certified to the City and the owner of the Lake Lotta Center PUD. Within forty -five (45) days of receipt of such information. the City will advise the Developer and the owner of the Lake Lotta Center PUD `r► -2- whether the City intends to proceed with Service Option #3.. such decision being made by the City in its sole and absolute, discretion. If either the Developer or the City decide in their, discretion against proceeding with Service Option #3. then the Developer shall proceed, at its option, with either Service Option #1 or Service Option #2 and in such event (i) the New Lift Station (1) will be designed. engineered, permitted and constructed by the Developer, at its sole cost and expense, (2) will be owned. operated and maintained by the Developer or the Property owners association at its sole cost and expense, and (3) will operate and function as a private lift station. and (ii) the gravity sewer system and force main shown as "dedicated" on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan) will be owned by the Developer and will not be dedicated to the City. Notwithstanding anything in this Condition of Approval to the contrary, either the Developer or the owner of the Lake Lotta Center PUD may elect. at their sole discretion. to choose Service Option #1 individually. or iointly choose Service Option #2. In the event the Developer elects to proceed with Service Option #2, then the Developer and owner of the Lake Lotta, Center PUD shall enter into such agreement as they deem appropriate with respect to the deign. engineering. Permitting, construction, operation and maintenance of the New Lift Station to serve the Property and that portion of the, Lake Lotta PUD as designated by the owner thereof. In the event the Developer elects to proceed with Service, Option #3 and the City approves such service option as set forth in Subparagraph 31(b) above. then in such event (and, only in such event) the following provisions shall apply: -a}�i, Sanitary sewer service will be provided to the property Property means of a new lift otation (" the New Lift Station ") to which will be constructed by the City. The In such case. the New Lift Station: (1) will be located at a oitc the site selected by the Developer within the property Property or the Lake Lotta Center PUD in its rcasonablc discrction,,. (the "Lift Station Site "); (2) may, at the City's option, be planned and physically sized to ultimately function as a regional pumping facility, or be designed to serve only the property Property and that portion of the Lake Lotta Center PUD, if anv. as requested by the owner of the Lake Lotta Center PUD in a time frame compatible with the anticipated construction schedule for both the mall p.nd the New Lift Station as set forth herein; (3) will be initially equipped with pumps and controls to accommodate flows from the property Property, that portion of the Lake Lotta Center PUD designated by the owner thereof as aforesaid, r -3- and current flow in the existing 12 inch force main (also known as the Primary Interceptor Force Main); (4) may, at the %✓ City's option and expense, be designed to accommodate additional flow from undeveloped lands south and southwest of the property Property (i.e., the Worsham Property and the Ozanian Property) and additional off -site flows from other existing or planned contributing areas as specified by the City, by the modification or replacement of the initially installed pumps and controls or by the installation of additional pumps and controls; (5) will be designed by the City. at its expense. and reviewed by the Developer and owner of the Lake Lotta Center PUD in conjunction with the review and approval by the City of the first final subdivision /site plan for the property Property, such design of the New Lift Station being subject to the reasonable approval of the Developer and the owner of the Lake Lotta Center PUD; and (6) will be constructed by the City with such construction to be completed within the later of (i) , one (1) year from the date a developer is issued a building permit for a mall on the property Property of at least 800,000 gross square feet or (ii) one (1) year from the date the New Lift Station Site is dedicated and conveyed to the City. 4b4-1111. Prior to or at the time a developer is issued a building permit for a mall on the property Property,, of at least 800,000 gross square feet or at such later date as may be agreed to by the City, the Developer shall: (1) dedicate and convey to the City if located within the Property (or cause to be dedicated and conveyed * if located within the Lake Lotta Center PUD) the Lift Station Site by warranty deed in a form and substance reasonably acceptable to the City, along with title information evidencing the Developer's unencumbered ownership or provision of appropriate releases; (2) convey, upon completion, to the City the gravity sewer system and force main shown as "dedicated" on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan); (3) grant to the City such utility easements as the City may reasonably determine to be necessary for the proper construction, operation, repair and maintenance of the New Lift Station, said utility easements to be in a form and substance reasonably required by the City; and (4) grant to the City such access and construction easements as may reasonably be needed to construct, operate, repair and maintain the New Lift Station, said access and construction easements to be in a form and substance reasonably required by the City. iii In consideration of the Citv's agreement to design. engineer. permit and construct the New Lift Station under Service Option #3. the Developer shall Dav to the City a sum of money equal to the sum of money that the Developer would have Daid to design. engineer. permit and construct a new lift station and appurtenant facilities (including but not '' -4- limited to the pipelines connecting the New Lift Station to Now the Primary Intercepter Force Main) serving only the Property. said dollar amount to be mutually agreed upon between the City and the Developer. Said payment shall be made by the Developer on or before the date that a developer is issued a building permit for a mall on the Property of at least 800.000 gross square feet. If the City and the Developer cannot agree on the payment or if the City and the owner of the Lake Lotta Center PUD cannot agree on the amount of payment called for by Condition of Approval No. 50 of the Lake Lotta Center PUD., then in either of such events. the City and /or the Developer, may abandon Service Option #3 in which case the Developer will proceed with either Service Option #1 or #2. 4e4-1.11 The information provided in the Land Use Plan Preliminary Plan sets forth conceptual information regarding the New Lift Station, including a conceptual location of the New Lift Station and various utility easements. The conceptual information regarding the New Lift Station is subject to revision in connection with final design of the New Lift Station and the first final subdivision /site plan approval for the property Property or any portion thereof. (d) In consideration of thc City'o agreement to dcoign, cnginccr, to thc City a oum of money equal to thc oum of money that the rur Dcvcloper would have paid to dcoign, cnginccr, permit and construct a new lift otation ncrving only thc property, oaid dollar amount to be mutually agreed upon between the City and thc Dcvcloper. Caid a developer io iooucd a building permit for a mall on thc property of at leant 800,000 gr000 oquarc fcct. {e}j The Developer will construct all of the gravity sewer system and eyee m - as "dedicated" on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan), all at the sole cost and expense of the Developer and without any impact fee credits, capital charge credits or other credits. ,ELI The Developer is hereby made a third party beneficiary to, he•r•vi-ion- •f •n•i i•n •f A.• •v- • • -- f•r h in the Land Use Plan for the Lake Lotta Center PUD., ILI The City and the Developer shall execute such further, documentation, if any. as may be necessary to implement the provisions of this condition of approval., f. Change COA #38 (a) (e) to read as follows: "(e) sufficient rights must be granted to accommodate all drainage from Parcel 7 and the entry road;" C: \WP51\DOCSOCOE MEMOMLMALLPU.MFM 1 /1V95I384 1 Srr -5- Attachment 4 #6 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1 /17 /° O coee 5.5w t UtKUMIri dkc O COMMISSIONERS \� CITY OF OCOEE RUSTY JOHNSON � 0 D. PAUL W. FOSTER 150 N. LAKESHORE DRIVE SCOTT A. GLASS n� : C' OCOEE, FLORIDA 34761 -2258 JIM GLEASON 4 K� (407) 656 -2322 CITY M ANACER �'� 4 GOO �` ELLIS SHAPIRO MEMORANDUM TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning DATE: January 12, 1995 RE: Lake Lotta Mall Preliminary Subdivision Plan /Site Plan Due to the complexity of the DRI projects, Staff has continued to work with the developer to clarify various aspects of all project documentation to ensure that the Development Order, Conditions of Approval and Plans are correct and internally consistent. As a result of these final reviews, a number of items lily still require minor adjustment. All changes are consistent with the actions taken by the Development Review Committee. Accordingly, Staff recommends that the following changes be incorporated within the proposed Preliminary Subdivision Plan /Site Plan for the Lake Lotta Mall PUD and considered for approval: 1. Page 11 of 14 should indicate a 22' dedication along Clarke Road within Section 1.03 G. 2. All plan sheets delineating the proposed lift station site should designate its location by name with a note that references Condition of Approval #31. 3. The following changes should be made to the Conditions of Approval ( "COA "): a. Change "the property" to "the Property" throughout the Conditions of Approval. b. Add a new COA #45 to read as follows: "All references in these Conditions of Approval to "the Property" shall refer to those lands which are the subject of the Lake Lotta Mali PUD and are more particularly described on Sheet 7 of the Land Use Plan." ° rr Nt■ c. Change the first sentence of COA *21 to read as follows: "Bicycle racks will be provided at Mall entrances as shown on Sheet 1 of the Land Use Plan." d. Delete COA #31 in the entirety and substitute the following in lieu thereof: 31. Lift Station: lal It is contemplated by the City and the Developer that sanitary sewer service to the Property will be provided by means of a new lift station ( "the New Lift Station ") which will (i) be designed and constructed to serve only the Property ( "Service Option #1 "), or (ii) be designed and constructed to serve only the Property and that portion of the Lake Lotta Center PUD designated by the owner thereof in a timeframe compatible with the anticipated construction schedule for such New Lift Station and the mall ( "Service Option #2 "). or (iii) be designed and constructed as a, "r-•i•n -1 fa ili " - -rv'n• h- Pr••-r h- ••r ion of th- Lake Lotta Center PUD designated as aforesaid, if any, and other lands as determined by the City ( "Service Option #3 "). The Developer will determine which service option should be Pursued for the development of the Property. However, it i= the preference of the City that Service Option #3 be utilized if determined by the City to be technically and economically feasible. provided that this shall not be construed so as to %ow negate any of the rights of election granted herein to the Developer regarding the service option to be selected. Igl In connection with the first final subdivision /site plan approval for the Property or any portion thereof. the Developer will advise the City which service option has been selected and the site of the New Lift Station. If the Developer selects Service Option #3, then the Developer will also provide the City with such information as may be reasonably necessary for the City to evaluate the technical and economic feasibility of the CitX and the Developer Proceeding with Service Option #3. The information submitted shall include a survey and legal description of the proposed site of the New Lift Station, with such survey being prepared by a licensed Florida surveyor and certified to the City and the owner of the Lake Lotta Center PUD. Within forty -five (45) days of receipt of such information, the City will advise the Developer and the owner of the Lake Lotta Center PUD whether the City intends to proceed with Service Option #3. such decision being made by the City in its sole and absolute discretion. , If either the Developer or the City decide in their discretion against proceeding with Service Option #3. then the Developer shall proceed, at its option, with either Service -2- Option #1 or Service Option #2 and in such event (i) the New Lift Station (1) will be designed, engineered. permitted and constructed by the Developer. at its sole cost and expense, (2) will be owned. operated and maintained by the Developer or the Property owners association at its sole cost and expense. and (3) will operate and function as a private lift station., and (ii) the gravity sewer system and force main shown as "dedicated" on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan) will be owned by the Developer and will not be dedicated to the City. Notwithstanding anything in this Condition of Approval to the contrary. either the Developer or the owner of the Lake Lotta Center PUD may elect. at their sole discretion. to choose Service Option #1 individually. or iointiv choose Service Option #2. III. In the event the Developer elects to proceed with Service, Option #2, then the Developer and owner of the Lake Lotta Center PUD shall enter into such agreement as they deem appropriate with respect to the design. engineering. Permitting. construction. operation and maintenance of the New Lift Station to serve the Property and that portion of the Lake Lotta PUD as designated by the owner thereof. 1 In the event the Developer elects to proceed with Service Option #3 and the City approves such service option as set forth in Subparagraph 31(b) above. then in such event (and only in such event) the following provisions shall apply: Sipe 4a4-111 Sanitary sewer service will be provided to the preperty Property by means of a new lift otation (" the New Lift Station N )--te which will be constructed by the City. The In such case. the New Lift Station: (1) will be located at a site the site selected by the Developer within the prope*ty Property or the Lake Lotta Center PUD ___ p`'b'e the in its rcaoonablc discretion,. (the "Lift Station Site "); (2) may, at the City's option, be planned and physically sized to ultimately function as a regional pumping facility, or be designed to serve only the - property Property, and that portion of the Lake Lotta Center PUD. if anv. as requested by the owner of the Lake Lotta Center PUD in a time frame compatible with the anticipated construction schedule for both the mall and the New Lift Station as . set forth herein; (3) will be initially equipped with pumps and controls to accommodate flows from the property Property, that portion of the Lake Lotta Center PUD designated by the owner thereof as aforesaid, and current flow in the existing 12 inch force main (also known as the Primary Interceptor Force Main); (4) may, at the City's option and expense, be designed to accommodate additional flow from undeveloped lands south and southwest of the property Property (i.e., the Worsham Property and the Ozanian Property) and additional off -site flows from other existing or planned contributing areas as specified by the -3- City, by the modification or replacement of the initially installed pumps and controls or by the installation of additional pumps and controls; (5) will be designed by the City. at its expense. and reviewed by the Developer and owner of the Lake Lotta Center PUD in conjunction with the review and approval by the City of the first final subdivision /site plan for the property Property, such design of the New Lift Station being subject to the reasonable approval of the Developer and the owner of the Lake Lotta Center PUD; and (6) will be constructed by the City with such construction to be completed within the later of (i) one (1) year from the date a developer is issued a building permit for a mall on the property Property of at least 800,000 gross square feet .or (ii) one (1) year from the date the New Lift Station Site is dedicated and conveyed to the City. 4194-Iiil Prior to or at the time a developer is issued a building permit for a mall on the property Property,, of at least 800,000 gross square feet or at such later date as may be agreed to by the City, the Developer shall: (1) dedicate and convey to the City if located within the Property, (or cause to be dedicated and conveyed } if located within the Lake Lotta Center PUD) the Lift Station Site by warranty deed in a form and substance reasonably acceptable to the City, along with title information evidencing the Developer's unencumbered ownership or provision of appropriate releases; (2) convey, upon completion, to the City the gravity sewer system and force main shown as "dedicated" on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan); (3) grant to the City such utility easements as the City may reasonably determine to be necessary for the proper construction, operation, repair and maintenance of the New Lift Station, said utility easements to be in a form and substance reasonably required by the City; and (4) grant to the City such access and construction easements as may reasonably be needed to construct, operate, repair and maintain the New Lift Station, said access and construction easements to be in a form and substance reasonably required by the City. iii In consideration of the Citv's agreement to design. engineer. permit and construct the New Lift Station under Service Option #3. the Developer shall pay to the City a sum of money eaual to the sum of money that the Developer would have paid to design. engineer. permit and con =truct a new lift station and appurtenant facilities (including but not limited to the pipelines connecting the New Lift Station to the Primary Intercepter Force Main) serving only the Propertv. said dollar amount to be mutually agreed upon between the City and the Developer. Said payment shall be made by the Developer on or before the date that a developer is issued a building permit for a mall on the Property of at least 800.000 . gross square feet. If the City and the Developer cannot agree -4- on the payment or if the City and the owner of the Lake Lotta Center PUD cannot agree on the amount of payment called for by Condition of Approval No. 50 of the Lake Lotta Center PUD, then in either of such events, the City and /or the Developer may abandon Service Option #3 in which case the Developer will proceed with either Service Option #1 or #2. 4e+141 The information provided in the Land Use Plan Preliminary Plan sets forth conceptual information regarding the New Lift Station, including a conceptual location of the New Lift Station and various utility easements. The conceptual information regarding the New Lift Station is subject to revision in connection with final design of the New Lift Station and the first final subdivision /site plan approval for the property Property or any portion thereof. (d) In conoidcration of thc City'o agrccmcnt to dcoign, cnginccr, permit and conotruct thc New Lift Station, thc Developer ohall pay to thc City a oum of money equal to thc oum of money that the Dcvcloper would have paid to dcoign, cnginccr, permit and conotruct a new lift otation ocrving only thc property, oaid dollar amount to be mutually agreed upon between thc City and thc Dcvcloper. Caid a developer io iooucd a building permit for a mall on thc property of at lest 000,000 gross square feet. %be 4-e; -121 The Developer will construct all of the gravity sewer system and F M o own as "dedicated" on the Land Use Plan (Sheet 3 of 14 - Conceptual Utility Plan), all at the sole cost and expense of the Developer and without any impact fee credits, capital charge credits or other credits. ILI The Developer is hereby made a third party beneficiary to the provisions of Condition of Approval No. 50 as set forth in the Land Use Plan for the Lake Lotta Center PUD. The City and the Developer shall execute such further documentation. if any. as may be necessary to implement the provisions of this condition of approval. e. Change COA #38(a)(e) to read as follows: "(e) sufficient rights must be granted to accomodate all drainage from Parcel 7 and the entry road;" C:1WP51\DOCSOCOEIMF]r/OSU MALL J.MFMII /12195X3$4IPERJ1 -5- At tachment #7 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1/12/95 Ocoee S. SCOTT VANDERGRIFP O� fir • Q COMMISSIONERS 1:1-• a. CITY OF OCOEE RUSTY JOHNSON PAUL W. FOSTER 150 N. LAKESHORE DRIVE SCOTT A. CLASS C : �V OCOEE, FLORIDA 34761 -2258 JIM GLEASON ,` (407) 656-2322 CITY MANAGER Eq OF G00° \` ELLIS SHAPIRO SRP-4 64 STAFF REPORT DATE: January 6, 1995 TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning f"/ SUBJ: Lake Lotta Center DRI Development Order Case No. DRI- 2 -9 -93 ISSUE: Should the Planning and Zoning Commission recommend that the City Commission approve the attached Development Order for the Lake ow Lotta Center DRI (bearing print date of 1/6/95) in Case No. DRI -2- 9-93? BACKGROUND: The Lake Lotta Center DRI Application for Development Approval was submitted for initial review on September 24, 1993. The owner also submitted two sufficiency responses to the Application for Development Approval as supplemental information. These materials were extensively reviewed by City Staff, Orange County, the Regional Planning Council and various State agencies. On April 20, 1994, the Regional Planning Council adopted a Recommended Development Order for consideration and inclusion in the Final Development Order to be issued by the City of Ocoee. This Recommended Development Order was previously provided to the Planning and Zoning Commission and City Commission for their review. In accordance with Chapter 380, Florida Statutes, on April 14, 1994 the Planning and Zoning Commission held a public hearing on the proposed development of regional impact and continued that public hearing to a date to be determined. On May 2, 1994, the City Commission also held a public hearing on the proposed development of regional impact and also continued that public hearing to a date to be determined. A Special Meeting of the Planning and Zoning Commission has been scheduled to continue and reopen the public hearing on the proposed development of regional impact. Lake Lotta Center DRI Development Order January 6, 1994 Page 2 Subsequently, the owner of the Lake Lotta Center voluntarily requested an amendment to the DRI which substantially reduced the amount of retail development being proposed. During the intervening period, City Staff has worked with the owner to fashion a development program and conditions of approval which ensure that the project will not adversely impact City services, natural resources and financial capabilities. Attached hereto is a copy of the proposed Development Order for the Lake Lotta Center DRI which was approved by the DRC on December 22, 1994. In order to assure that the Lake Lotta Center DRI is properly coordinated with the Lake Lotta Mall DRI, the Florida Department of Community Affairs has required the developers to enter into a formal processing agreement which stipulates that all impacts related to transportation facilities, low income housing, air quality, wildlife, vegetation and wetlands be considered jointly. Attached hereto is a copy of the Lake Lotta DRI Processing Agreement. Additionally, the Development Order is being considered in combination with a proposed Comprehensive Plan Amendment providing for a Future Land Use Map change, as well as with a rezoning of the property to Planned Unit Development providing for a new Land Use Plan. The proposed Comprehensive Plan Amendment (Case No. CPA- 2 -9 -93) was previously approved by the Planning and Zoning Commission on May 12, 1994 and subsequently approved by the City Commission on May 26, 1994 and transmitted to the Department of Community Affairs. ANALYSIS: The proposed Lake Lotta Center DRI Development Order provides for the development of a retail center, 200 multi - family dwelling units, and 151 single family dwelling units. The project is planned to be developed in two phases on three parcels encompassing 99.25 acres. The chart below summarizes the proposed development program. PHASEI I PHASE!' LAND USE (1997) (2000) TOTAL RESIDENTIAL HIGH DENSITY 200 D.U. 200 D.U. LOW DENSITY 151 D.U. 151 D.U. RETAIL 275,000 GLA 275,000 GLA (288,200 GSF) (288,200 GSF) D.U. = Dwelling Units GLA = Gross Leasable Area in Square Feet GSF = Gross Square Feet Lake Lotta Center DRI Development Order Nobw January 6, 1994 Page 3 Allowable uses for development incorporate all uses permitted under the C -2 Zoning District, except for a number of uses which are prohibited from development including gasoline stations, automobile sales, commercial convenience stores with or without gas sales, equipment sales, drive -in restaurants with no inside seating, miniature golf courses, pawn shops, and funeral homes. Up to a total of 1,650 parking spaces will be provided, depending upon the actual retail uses developed on the site. In addition to identifying the size and type of development which may be permitted, the proposed Development Order also stipulates how the various impacts generated by the project will be mitigated. This includes identification of initial transportation improvements which must be accomplished prior to completion of Phase I as well as an extensive traffic monitoring and modeling program which must be undertaken to identify roadway and intersection improvements needed to permit development of Phase II of the project. Specifically, the proposed Development Order calls out for cash contributions from the owner to permit the City to reduce the curvature of White Road just west of Clarke Road. It also specifies additional rights -of -way to be dedicated for future improvements to Clarke Road and White Road. Other matters covered in the proposed Development Order include provisions pertaining to wildlife management, wetland conservation, management of stormwater, low income housing, transit, ridesharing, pedestrian and bicycle circulation as well as miscellaneous legal provisions generally provided in such documents. The proposed Development Order also includes Findings of Fact and Conclusions of Law. STAFF RECOMMENDATION: On December 22, 1994, the DRC approved the proposed Lake Lotta Center Development Order subject to a small number of final changes. These modifications have since been incorporated within the document attached. Accordingly, Staff respectfully recommends that the Planning and Zoning Commission find the Development Order for Lake Lotta Center Development of Regional Impact (bearing print date of 1/6/95) to be consistent with the Ocoee Comprehensive Plan, as proposed for amendment in Case No. CPA- 2 -9 -93, and recommend that the City Commission approve said Development Order subject to the adoption of the comprehensive plan amendment in Case No. CPA -2- 9-93. RBW /emk Attachment Attachment #8 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1/12/95 QCOee S. SCOTT VANDERGRIFT 07c rt:44 • COMMISSIONERS .. CITY OF OCOEE RUSTY JOHNSON • Q PAUL W. FOSTER 0 150 N. LAKESHORE DRIVE SCOTT A. GLASS V OCOEE, FLORIDA 34761 -2258 JIM GLEASON 'j `' A� (407) 656 -2322 � � N` CITY MANAGER Of GOO ELLIS SHAPIRO MEMORANDUM TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning DATE: January 12, 1995 RE: Lake Lotta Center Development Order Changes Due to the complexity of the DRI projects, Staff has continued to work with the owner to clarify various aspects of all project documentation to ensure that the Development Order, Conditions of Approval and Plans are correct and internally consistent. As a result of these final reviews, a number of items still require ,, minor adjustment. All changes are consistent with the actions taken by the Development Review Committee. Accordingly, Staff recommends that the following changes be incorporated within the proposed Development Order for the Lake Lotta Center Development of Regional Impact and considered for approval: 1. Revise Part I(A) (8) to read as follows: "8. All public hearings as required by Section 380.06, Florida Statutes, have been duly noticed and held, including without limitation, a hearingl before the City Planning and Zoning Commission on April 14. 1994 and January 12, 1995, and the City Commission of the City of Ocoee on Mav 2. 1994 and January 26, 1995." C: \WP31 \DOCS\OCOE\MEMOSILLCENORD.MEM 1 I /I2/931384I PER:jl !J�V Attachment 4 #9 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1/12/95 Ocoee S. SCOTT VANDERGRIFT i �h � • O COMMISSIONERS ►. CITY OF OCOEE RUSTY JOHNSON d I PAUL W. FOSTER D 150 N. LAKESHORE DRIVE SCOTT A. GLASS OCOEE, FLORIDA 34761-2258 JIM GLEASON (407)656-2322 4474, 656 -23 F4 Gp 000 ` ELLIS CITY MANAGER SHAPIRO SRP -463 STAFF REPORT DATE: January 6, 1995 TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning SUBJ: Lake Lotta Center PUD Land Use Plan Plans Date Stamped by the City January 5, 1995 Project No. 94 -012 �rr ISSUE: Should the Planning and Zoning Commission recommend that the City Commission repeal the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezone the property which is the subject of the application in Project No. 94 -012 to Planned Unit Development and in connection therewith approve the new Lake Lotta Center PUD Land Use Plan, including the Conditions of Approval and waivers set forth therein? BACKGROUND: The Lake Lotta Center PUD is located north of S.R. 50 and south of White Road along Clarke Road. The PUD Land Use Plan was initially submitted for City review on June 20, 1994. In order to conform the Plan to all DRI and City Land Development Code requirements, the owner submitted a number of sufficiency responses and attended numerous meetings with the City Staff and its consultants to resolve all issues raised. The Land Use Plan presented for consideration reflects and is compatible with the amendments proposed by the owner to the original Lake Lotta Center DRI and the proposed DRI Development Order approved by the *06 DRC on December 22, 1994. The PUD is also consistent with the Lake Lotta Center, PUD Land Use Plan January 6, 1995 Page 2 proposed Comprehensive Plan Amendment Future Land Use Map change proposed for this site. Approval of the Lake Lotta Center PUD Land Use Plan constitutes a rezoning of the property and would replace the existing Lake Lotta, Ltd. PUD Land Use Plan which currently regulates the development of the property. ANALYSIS: The Lake Lotta Center PUD provides for the development of a retail center constituting a Gross Leasable Area of 275,000 square feet, 200 multi - family dwelling units and 151 single family dwelling units. The project is planned to be developed in two phases on three parcels encompassing 99.25 acres. Phase I incorporates all residential uses, and Phase II of the project will involve the retail portion of the development. Uses permitted within the retail portion of the project are consistent with the proposed DRI Development Order. Specific development standards pertaining to the entire project are also called out on Nsw the Plan, and an extensive list of Conditions of Approval will also regulate the future development of the site. Major features of the proposed Land Use Plan are summarized below: • Additional rights -of -way are to be dedicated for future improvements to Clarke Road and White Road. • The Owner, Lake Lotta Ltd., will provide a $250,000 cash contribution to assist the City in reducing the existing curvature of White Road just west of Clarke Road. • An extensive traffic monitoring and modeling program will be required prior to development of Phase II of the project to identify roadway and intersection improvements necessary to mitigate impacts generated. • The single family residential portion of the project forms a transitional buffer between the proposed retail uses of both DRI's and the existing single family neighborhoods north and west of the development. Lake Lotta Center, PUD Land Use Plan January 6, 1995 Page 3 • The multi - family portion of the project is accessible through the Lake Lotta Mall project, and there will be no access to Good Homes Road. • Provisions have been made to permit the existing multi- family land situated west of the retail parcel and under different ownership to gain access through the project to Clarke Road. This may result in the elimination of the need for the adjacent land to tie into the existing street stub situated within the Hammocks subdivision. • All building setbacks along roadways and adjoining residential areas are consistent with City Land Development Code standards. Also, special setback provisions contained within the original Lake Lotta, Ltd. PUD are maintained to protect the Rosehill subdivision. • Extensive landscape buffers are provided along Clarke Road and White Road. Additionally, screening walls are specified to be constructed ahead of development where retail and multi- family uses abut existing /proposed single family uses. • Lighting within retail areas will be limited to 40' in height, and all lighting emanating from retail and multi - family uses will be shielded from adjoining single family developments. • The existing shoreline and wetlands surrounding Lake Lotta will be preserved within a conservation area. A number of waivers have been requested by the owner as part of the PUD Land Use Plan approval. These include 1) a request to slightly reduce parking requirements in the multi - family portion of the project; 2) a request to increase permitable cul -de -sac lengths; 3) a request to provide hedges for screening instead of berms; 4) a request to forego preparation of a detailed stormwater management plan until Preliminary Subdivision Plans are submitted; 5) a request to provide zero setbacks for buildings on individual lots within the retail center; and 6) a request to increase the permitted height of screening walls. Lake Lotta Center, PUD Land Use Plan • January 6, 1995 fir► Page 4 STAFF RECOMMENDATION: On December 22, 1994, the DRC approved the proposed Lake Lotta Center PUD Land Use Plan as submitted on that date, subject to a small number of final changes. These modifications have since been incorporated into the attached Land Use Plan. Accordingly, staff respectfully recommends that the Planning and Zoning Commission find the Lake Lotta Center PUD Land Use Plan date stamped by the City on January 5, 1995, to be consistent with the Ocoee Comprehensive Plan as proposed for amendment in Case No. 2- 9-93 and the proposed Lake Lotta Center DRI Development Order, and recommend that the City Commission approve the request to repeal the existing Planned Unit Development Zoning and Land Use Plan for the Lake Lotta PUD and rezone the property which is the subject of the application in Project No. 94 -012 to Planned Unit Development, and in connection therewith, approve the new Lake Lotta Center PUD Land Use Plan (date stamped - as received by the City of Ocoee on January 5, 1995), including the Conditions of Approval and waivers set forth therein, subject to the adoption of the proposed amendment to the Ocoee Comprehensive Plan in Case No. 2 -9 -93 and approval of a DRI development order for the Lake 1 6''' Lotta Center DRI. RBW /emk Attachment Attachment # #10 P & Z Minutes "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" 1 /12/95 Ocoee S. SCOTT VANDERGRIFT O � s . COMMISSIONERS R USTY JOHNSON 1 AO • D . CITY OF OCOEE PAUL W. FOSTER O 150 N. LAKESHORE DRIVE SCOTT A. GLASS t: I::•,_ A ? OCOEE, FLORIDA 34761 -2258 407 JIM GLEASON 'y ` JF� ,. � ( ) 6 56 2322 Cm MANAGER OF Gp00 ELLIS SHAPIRO MEMORANDUM TO: The Planning and Zoning Commission FROM: Russ Wagner, Director of Planning DATE: January 12, 1995 RE: Lake Lotta Center PUD Land Use Plan Due to the complexity of the DRI projects, Staff has continued to work with the owner to clarify various aspects of all project documentation to ensure that the Development Order, Conditions of Approval and Plans are correct and internally consistent. As a result of these final reviews, a number of items still require r minor adjustment. All changes are consistent with the actions taken by the Development Review Committee. Accordingly, Staff recommends that the following changes be incorporated within the proposed PUD Land Use Plan for the Lake Lott Mall PUD and considered for approval: 1. The cover sheet and individual plan sheets should be changed to indicate the project title as "Lake Lotta Center PUD ". The cover sheet should also identify the entire Plan Set as the "Land Use Plan ". 2. On Sheet 1 of 5, the note pertaining to a cross access easement leading south from Outparcel #3 should reference Condition of Approval #38 rather than #39. 3. The Site Development Standards Table should be changed to provide a 50' Front Setback versus a 25' setback under the Multi - Family Residential column. 4. The proposed lift station site as specified in Condition of Approval #50 should be shown on Sheet 1 of 5 within Parcel 4. 5. The following changes should be made to the Conditions of Approval ( "COA "): r a. Add the following sentence at the end of COA #1: "A11 references in these Conditions of Approval to "the Property" shall refer to those lands which are the subject of the Lake Lotta Center PUD and are more particularly described on Sheet 5 of the Land Use Plan." b. Modify the third sentence of COA #21 to read as follows: "The Clarke Road Right -of -Way Conveyances shall be conveyed by warranty deed free and clear of all liens and encumbrances except for easements of record." c. Modify the third sentence of COA #22(b) to read as follows: "The dedication and conveyance of the additional White Road Right -of -Way shall be by warranty deed and free and clear of all liens and encumbrances except for easements of record." d. Modify COA #36 to read as follows: "The existing force main located in the 15 foot utility easement in favor of the City (Prima Vista Utility Corp.) may be relocated if required by the Owner at the Owner's sole expense subject to City approval of the new easement location." e. Delete COA #50 in its entirety and substitute the following in lieu thereof: ilk,, 50. Lift Station. (a) Canitary scwcr ocrvicc will be providcd to such -= be dcoignatcd by the Owncr by mcans of It is contemplated by the City. the Owner and the developer of the Lake Lotta Mall PUD that a new lift station ( "the New Lift Station ") *a ►ay be conotructcd by located on the City Property in accordance with Condition of Approval No. 31 as set forth in the Land Use Plan for the Lake Lotta Mall PUD. If the final design of the New Lift Station calls for it to be located on the property Property within the Lake Lotta Center PUD ( "the Lift Station Site"), then the Owner will: (1) grant to the City, or the developer of the Lake Lotta Mall PUD, as the case may be. such easements as may be reasonably necessary to construct, operate, repair and maintain the New Lift Station on the Lift Station Site, and (2) dedicate and convey the Lift Station Site to the City or the developer of the Lake Lotta Mall PUD, as the case may be. by warranty deed in a form and substance reasonably acceptable to the City, along with title information evidencing the Owner's unencumbered ownership or provision of appropriate releases, such dedication to the City. if applicable. to occur in accordance with the provisions of Condition of Approval No. 31 as set forth in the Land Use Plan for the Lake Lotta Mall PUD. Additionally, upon request of the City or the developer of the % r'" -2- Lake Lotta Mali PUD, as the case may be, the Owner will grant to the City or the developer of the Lake Lotta Mall PUD, as, r the case may be,, such utility easements as the City or the, developer of the Lake Lotta Mall PUD, as the case may be, reasonably determines to be necessary for the proper operation, repair and maintenance of the New Lift Station whether as a regional pumping facility or as a facility designed to serve only the Lake Lotta Mall PUD and that portion of the Lake Lotta Center PUD property Property, designated by the Owner as aforesaid, said utility easements to be in a form and substance reasonably required by the City. In the even hat he New L ift Station is t. b- 1•cat -d .n th- Property and is to be a "regional facility ", then the City shall provide the Owner with written notice of such. and shall Provide the Owner with a survey and legal description, certified to Owner. a minimum of thirty (30) days prior to the time that such convevances(s) are required. with such survey being done by a licensed Florida surveyor. (b) If the City elects to construct the New Lift Station Pursuant to Service Option #3 as set forth in Condition of Approval No. 31 of the Lake Lotta Mall PUD, then in such event, the Owner shall promptly advise the City in writing regarding that portion. if anv, of the Property which the Owner desires to have served with sanitary sewer service by means of the New Lift Station. The Owner shall advise the City within a time frame compatible with the obligations of the City for construction of the New Lift Station. (c) If the City elects to construct the New Lift Station as aforesaid and if the Owner elects to utilize the New Lift Stati.n as s- f•r h -b•v hen in - h -ven h- _ - Owner shall pay to the City a sum of money equal to the sum of money that the Owner would have paid to design, engineer, permit and construct a new lift station serving only that portion of the Lake Lotta Center PUD property Property, designated by the Owner as aforesaid, said dollar amount to be mutually agreed upon between the City and the Owner. Said payment shall be made by the Owner on or before the date a developer is issued a building permit for a mall of at least 800,000 square feet on the land which is the subject of the Lake Lotta Mall PUD. The Property within the Lake Lotta Center PUD shall be entitled to utilize the New Lift Station only to the extent payment is made pursuant to this paragraph and capacity is requested pursuant to this Condition of, Approval 50., -{e}lal The Owner is hereby made a third party beneficiary to the provisions of Condition of Approval No. 31 as set forth in the Land Use Plan for the Lake Lotta Mall PUD. 4r' -3- lel The City and the Owner shall execute such further documentation, if any, as may be necessary to implement the 1rr provisions of this condition of approval. la Notwithstanding anything herein or in Condition of Approval No. 31 of the Lake Lotta Mall PUD, to the contrary. the Owner. at its sole discretion. may elect to build its own lift station(s) on the Property to solely serve the development on the Property. or the developer of the Lake, Lotta Mall PUD and the Owner may iointly decide to elect Service Option #2 as set forth in Condition of Approval No. 31 of the Lake Lotta Mall PUD, and if either such elections are made. then the Owner as to and in connection with the development of the Parcel 4 (multi - family residential) shall have no obligation to the City (i) to contribute funds for any other lift station serving Parcel 4 and /or the Lake Lotta Mall PUD; (ii) to dedicate any land for any other lift station serving Parcel 4 and/or the Lake Lotta Mall PUD; or (iii) to grant env easements for any other lift station serving Parcel 4 and /or the Lake Lotta Mall PUD. C: \WP51 \DOCS\OCOE\MFMOS\U.CEN ER AID j 1 /17/951384IPER;j1 r -4-