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HomeMy WebLinkAbout01-26-95 SS \..... MINUTES OF THE OCOEE CITY COMMISSION SPECIAL SESSION PUBLIC HEARING FOR LAKE LOTTA MALL AND LAKE LOTTA CENTER HELD JANUARY 26, 1995 Mayor Vandergrift called the Special Session for public hearings to consider Lake Lotta Mall and Lake Lotta Center to order at 7:00 p.m. in the commission chambers. Following a minute of silent prayer in recognition of the fiftieth anniversary of the Holocaust, Mrs. Frances Watts, president of the West Orange Senior Citizens, led in the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Building and Zoning Official Flippen, Capital Projects/Concurrency Analyst Resnik, and City Clerk Grafton. ABSENT: None '-' PRESENTATIONS AND COMMENTS Lake Lotta Mall - Presentation by Homart Development Co. Mr. Jim Grant, Senior Development Director for Homart Development Company, advised that this project will be managed and developed from their Atlanta office and he introduced the participants present: Homart: Jack Oliaro, First Vice President of Development, Orlando; Ed Seikus, Assistant Vice President of Site Design, Atlanta; Merrick Ludwig, Senior Attorney, Chicago; Francie Connelly, Leasing Agent; and Paul Montgomery and Fred Gardner, Construction Managers Consultants-Glatting Jackson Kercher Anglin Lopez Rinehart Inc.: Tim Jackson, Bill Kercher, John Percy, and John Moore Legal Staff - Lowndes, Drosdick, Doster, Kantor & Reed: Hal Kantor Landscape Architect - Hughes, Good, O'Leary & Ryan: Rob Ryan Architectural Firm - Thompson, Ventulett, Stainback & Associates, Inc.: Mark Carter Mr. Grant explained that this site in Ocoee was chosen by Homart because of its location and excellent road system and that Homart plans to build the Lake Lotta Mall in two phases on 130 acres. Phase I, including 1,200,000 sq. ft. (1,100,000 sq. ft. in the Mall and 100,000 sq. ft. in out parcels), is to begin in March 1995 and open before the Christmas season 1996. Phase II includes another 300,000 sq. ft. (150,000 sq. ft. in the Mall and 150,000 sq. ft. in other peripheral out parcels). He stated that, after extensive meetings with many governing agencies and homeowners, they had resolved the concerns that had been raised and were ready to move forward. He expressed appreciation in particular to Gretchen Jacobs for her professional representation of the Rose Hill community during the meetings. He said that they had fully met all of the requirements of every government agency that has any authority over this project, and had satisfied the check list of the neighboring homeowners as well. Mr. Grant said the traffic '-' .~ '-' '-" Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 analysis for the regional road network affected by this development had been carefully scrutinized by every traffic consultant in Central Florida and found to be workable without overburdening the roads during Phase I of the project. He added that, prior to their proceeding to Phase II, they would be required to monitor the entire road system and make whatever improvements were indicated by the study. He said, in addition, the City has the ability to stop other development at any point if it finds the road system is overburdened. Mr. Grant said that, as soon as this project commences, both the Mall and the Center were (1) dedicating right-of-way for the possible future widening of Clarke Road and State Road 50, (2) donating $250,000 each for softening the curve on White Road west of Clarke Road, and (3) providing the right-of-way from the Lake Lotta Center where that work is to be done. He then listed other road/intersection improvements that would be accomplished in order to retain the posted speed limit on both Clarke Road and SR 50. He pointed out the traffic improvements that would be put in at a cost of approximately $1.5M without traffic impact fee credits from the City of Ocoee, along with an additional $4.4M in traffic impact fees that must be paid on Phase I alone. Mr. Grant noted that Fire and Police impact fees would be paid as well, and said that, as the traffic issue was the chief concern, he had asked Mr. Tim Jackson, with Glatting Jackson Kercher Anglin Lopez Rinehart Inc., who had done the traffic analysis, to give a more detailed overview of the situation. Mr. Tim Jackson gave the history of the traffic study from August 1993 and said that many agencies were satisfied with it and some were not. As a result of many discussions some chan- ges were made in the program: (1) The proposed access to Good Homes Road was deleted. (2) The proposed Phase I program was reduced by 26 % . With that reduction there was an additional complete traffic study performed, which assumed that Phase I of the Mall and Phase I of the Center were built and all of the development that is currently planned in this region through the end of 1997 was in place and generating traffic. The conclusions of that study were reviewed by all the agencies and all the agencies have accepted all those conditions included in the study. Those conditions have been included in the plans presented in Phase I. A Phase II analysis was also done, which assumed full build out of the Mall project, the Center project, and all the growth and development projected to occur through the year 2000 to be in place. That study projected several roadway improvement needs within the vicinity of the Mall (SR 50 and Silver Star Road). The condition on the Development Order states that the Mall and Center could not proceed beyond Phase I until an additional traffic study has been done that would show that those improvements would be in place to meet those needs. Mr. Jackson noted two other important parts of the program: (1) The vested project on site (Lake Lotta PUD) that would generate about 21,000 trips and the proposed Phase I project is about 44,000 trips, netting an increase of about 23,000 daily vehicle trips. (2) Site access- All commercial traffic is off Clarke Road and residential is off White Road, so the two are not mixed. 2 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ Mr. Jackson then summarized the Phase I transportation conditions: . Impact fees $4.4M . Contribution to straighten and soften the curve on White Road $.5M . Right-of-way dedication for future widening of SR 50, Clarke Road and improvements on White Road . Turn lane improvements at SR 50 and Hiawassee Road . Site access intersection improvements, including signalization and interconnection of those signals . Transit provisions: bus stop at main Mall entrance, 4 bay bus shelter on the ring road . Future transit center on site Mr. Grant spoke further about the benefits to the City of Ocoee in having the Mall at this site and recounted the concessions Homart has made. He noted that they have agreed to participate in a ride sharing program as well as a transportation management association. He mentioned the 21,000 vested trips from Lake Lotta PUD and noted that approval of the Mall and Center would be rescinding that approval for the Lake Lotta PUD. '-' Mr. Grant outlined the general layout for Phase I: . 1,100,000 sq. ft. Mall space - 100,000 sq. ft. on out parcels . Anchored by Dillards, Sears, Gayfers, (each two stories high) and J.C.Penney (one story) . Movie theater on east side of the Mall . Future position for a Phase II store, also a parking structure to be built west of Dillards and south of Sears (probably not higher than existing stores) . Community room and Police Substation within the Mall . Entertainment core and food court . Restaurants, music and book stores, family game room, carousel . 7 foot brick buffer wall along property line between Mall property and Rose Hill to be constructed first . Drainage to be fully contained on site . Scheduled to begin site clearing March 20, 1995 and open October 3, 1996 Mr. Grant summarized his statements, saying that Homart had met all the required conditions to bring a major retail development that meets the City's standards and fulfills the goals of the City's Comprehensive Plan to have this site become a center of regional activity for the City of Ocoee. Lake Lotta Center - Presentation by Lake Lotta, Ltd. Tom Cloud, Attorney with Gray, Harris, & Robinson, Inc. introduced those present for the Lake Lotta Center presentation: Barry Goodman, owner of the property; Harold Cherr and Jack Kaplan, with Lake Lotta; Neal ~ Frazee, Miller Sellen & Associates. 3 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ Mr. Cloud said that this project was small and, if standing alone, would be under the threshold of that necessary for a Development of Regional Impact review. He stated that they filed in 1983 at the same time as the Lake Lotta Mall DR! for 550,000 sq. ft. of commercial plus apartments. Since that time the project has been downsized to one-half the commercial square footage of 275,00 sq. ft. and some of the multi-family has been changed to single family. Mr. Cloud said that they were asking for three things at this time: (1) a comprehensive plan amendment to Ocoee's Comprehensive Plan, (2) approval of the DR! Development Order, and (3) a PUD rezoning for this property. He said that until tonight this property had been a 1988 PUD and will now become two PUDs, the Lake Lotta Mall PUD and the Lake Lotta Center PUD. Mr. Cloud said that the owner, Barry Goodman, and his father, Bill Goodman, had worked hard in cooperation with state agencies and City of Ocoee staff to bring a successful and well planned Mall to Ocoee. He thanked staff and the citizens involved with the lengthy process for their efforts, and then listed the contributions made by Bill and Barry Goodman: . Extended water and sewer pipe lines to this property prior to annexing into the City. . Brought Publix market to Good Homes Plaza. . Dedicated right-of-way for Clarke Road. . Agreed to dedicate additional right-of-way for Clarke Road and White Road. . Will pay substantial impact fees which the City can use as needed without getting impact \..,.. fee credits. . Will be donating $250,000 to fix White Road. . Providing single family instead of high density east of Clarke Road. . Reduced commercial square footage 50 % . . Reduced trips available to them under vesting by over 18,000 so that the Mall could build and there would be adequate facilities and assigned those trips to the Mall. . Have cooperated with the homeowners. Mr. Cloud summarized his statements and added that the City could approve the requests of the Mall and Center knowing that they were properly conditioned so that there would be adequate transportation facilities, water facilities, sewer facilities, environmental protections, and drainage as well as adequate planning and involvement with the home rule local government. In closing, he asked for that approval. City Manager Comments. City Manager Shapiro said that the key in looking at this development was whether there was balance between following Ocoee' s Land Use rules and regulations and its being appropriate for the people who live in and near the community. He confirmed that the need to satisfy the Regional Planning Council, Department of Transportation, Department of Community Affairs, Orange County and any other governmental unit that had authority in this area had been met. He said the projects that the $4.4M could be used for, upon Commission ........ 4 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ approval, were: intersection of Kissimmee/Story Road, widen Maguire Road, smooth the curve on Orlando Avenue/White Road, and extend the dual water system down to the Mall (gray water). He said the increase in the tax base by 52 % would far outweigh the cost to the City in servicing the Mall. The impact fees for Police and Fire can be used for capital outlay and far exceed the amount necessary to cover the Mall. The additional equipment made possible by these fees would help reduce the ISO rating to 4 instead of 6 which would reduce insurance rates, thereby benefiting all residents of Ocoee. He said care had been taken to make sure the way of life does not change. He mentioned the trips made by citizens, Planning and Zoning Board members, Commissioners and Staff to see Malls constructed by Homart to determine the quality of the product customarily produced by Homart, and to talk to the citizens in each area to determine what kind of neighbor Homart was. The results were positive, and Mr. Shapiro said he supports both projects. City Attorney Comments. City Attorney Rosenthal gave an overview of the procedural and legal issues to be dealt with in this hearing: Chapter 163, Florida Statutes, dealing with Comprehensive Planning; Chapter 166, FS, dealing with General Local Government Home Rule Powers; Chapter 380, FS, Developments of Regional Impact; and the Ocoee Land Development Code. He explained the interrelation of those statutes/codes and the necessity to proceed in a particular manner to successfully complete the issues before the Commission. He said the key process governing this is the Development of Regional Impact, as this Mall has a substantial effect upon the '-" health, safety, or welfare of the citizens of more than one county. He reviewed the steps taken to follow the guidelines and requirements of the different government agencies involved in the approval of the projects and then outlined the procedures to be taken at this public hearing to complete the approval process, pointing out that there was an appeal period of time during which citizens or agencies could object to a decision made at this meeting. He noted also the Agreement that Homart, Lake Lotta, Ltd. and the Department of Community Affairs had entered into which would guide the DR! Development Orders and the manner in which they were processed through the City of Ocoee to the Department of Community Affairs. This Agreement provides that both projects would be considered on an aggregated basis as opposed to an individual basis, thus allowing the maximum impact of the projects to be taken into consideration. Mr. Rosenthal concluded his remarks with a general outline of the public hearings to be held in this meeting. Harold Switzer, Chairman of Planning and Zoning Commission, was invited to speak. He said that nearly ten years ago, when the Planning and Zoning Commission was asked to create a plan for traffic and growth on SR 50, Planning Director Wagner proposed Clarke Road as a way to relieve traffic on Bluford A venue and provide access to the City of Ocoee. His proposal opened a new avenue of opportunity for the City to develop, as evidenced by the proposed Mall and other development already underway on Clarke Road. Mr. Switzer advised that a major concern of the Planning and Zoning Commission at their public hearing had been traffic and he was pleased to see that it had been addressed up front at this meeting. '--' 5 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" He expressed appreciation to staff for their assistance through the entire process, especially Planning Director Wagner and City Attorney Rosenthal. Mayor Vandergrift thanked Staff, Homart representatives, Consultants, Planning and Zoning Commission, East Central Florida Regional Planning Council and all who worked on this project. OTHER BUSINESS LAKE LOTTA PUD VESTED RIGHTS CERTIFICATE - ALLOCATION OF VESTED AVERAGE DAILY TRIPS. City Attorney Rosenthal referred to his Memorandum dated January 20, 1995, and explained that on September 28, 1993, the City issued the Lake Lotta PUD Vested Rights Certificate. Lake Lotta, Ltd. disputed certain provisions of the Lake Lotta PUD Vested Rights Certificate and on October 27, 1993, filed an appeal to the City Commission pursuant to the provisions of Section 1-5.1 (F) (3) of the Ocoee Land Development Code. Due to the pendency of the proposed Developments of Regional Impact, the City and Lake Lotta, Ltd. have mutually agreed to extend the deadline for scheduling a hearing on the Appeal before the City Commission. '-" The issues raised in the Appeal have been resolved as part of the proposed Development Orders for the Lake Lotta Mall DR! and the Lake Lotta Center DR!. In connection therewith, Lake Lotta, Ltd. sent a letter (dated January 19, 1995) to the City Clerk withdrawing the appeal and requesting that the City allocate between the Lake Lotta Mall DR! and Lake Lotta Center DR! the vested average daily trips (ADTs) as set forth in the Lake Lotta PUD Vested Rights Certificate, with such action subject to the City Commission approval of the DR! Development Orders and such Development Orders becoming final (i.e. the appeal period having run). Mr. Rosenthal stated that the Director of Planning and City Attorney recommended that the City Commission approve the allocation of vested ADTs as requested by Lake Lotta, Ltd. as the requested allocation is consistent with all of the documentation related to the proposed Developments of Regional Impact and Planned Unit Developments. It is recommended that, subject to the approval of the Development Orders for the Lake Lotta Mall DR! and the Lake Lotta Center DR! and such Development Orders becoming final, the City Commission approve the request of Lake Lotta, Ltd. to allocate the vested average daily trips (ADTs) under the Revised City of Ocoee Certificate of Vesting for Lake Lotta PUD CV -93-07R, dated September 29, 1993 as follows: I) 18,224 ADTs to the land to be developed pursuant to the Lake Lotta Mall DR! for use only in connection with Phase I of the Lake Lotta Mall DR!; and II) 2,715 ADTs to the land to be developed pursuant to the Lake Lotta Center DR! for use only in connection with the Lake Lotta Center DR! Phase I Low Density Residential and High Density Residential Developments. '-' 6 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ Commissioner Gleason. seconded bv Commissioner Foster. moved to approve staff recommendation as stated above to allocate the vested averae:e daily trips (ADTs) under the Revised City of Ocoee Certificate of Vestine: for Lake Lotta PUD CV -93-07R. dated September 29. 1993. subiect to the approval of the Development Orders for the Lake Lotta Mall DR! and the Lake Lotta Center DR! and such Development Orders becomine: final. Motion carried 5-0. RECESS 8:20 P.M. TO 8:35 P.M. PUBLIC HEARINGS: ORDINANCE NO. 95-01, ADOPTING AMENDMENTS TO THE OCOEE COMPREHENSIVE PLAN IN CASE NOS. CPA-I-9-93 AND CPA-2-9-93. Ordinance No. 95-01 was presented by title only for the public hearing. Planning Director Wagner reviewed the two amendments, one for the Mall and one for the Center, and advised that the Commission held the first advertised public hearing for these proposed amendments for land use map changes on May 26th, 1994. He stated that it was possible to do these amendments outside of the usual limitation of twice a year because they are directly related to a Development of Regional Impact. Case No. CPA-I-9-93:Lake Lotta Mall changes 60.4 acres of High Density Residential, 37.3 acres of Medium Density Residential, and 20.4 acres of Low Density Residential to 118 acres '-" of Commercial. The mall actually utilizes 130 acres, but the balance is already designated Commercial in the Land Use Plan. Case No. CP A-2-9-93:Lake Lotta Center changes 20 acres of High Density Residential and 15 acres of Low Density Residential to Commercial. In the Objections, Recommendations, and Comments Report (ORC) received on August 15, 1994, DCA asked the City to verify that it could provide adequate public facilities to support the Comprehensive Plan amendments. The proposed response indicating the project is consistent with all the City, state and regional goals, particularly with regards to transportation facilities, aquifer recharge, open space, wetland wildlife habitat, Wekiva River Basin, solid waste, sewer and water and drainage was prepared by the developer's consultants in cooperation with the City, and preliminary communications with DCA have indicated a favorable reaction. The ordinance sets out the findings, and the Plan Amendment will only become effective once DCA issues a compliance determination. This action triggers all the rest of the approvals. Mr. Wagner advised that Staff has reviewed all the issues and recommends approval of both amendments as presented. '-" 7 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" The public hearing was opened. As no one in the audience wished to speak, the public hearing was closed. Commissioner Foster seconded b Commissioner Glass moved to a rove a ado tion of Ordinance No. 95-01 as recommended by staff. authorizine: Mavor and City Clerk to execute. and (b) that the response dated January 18. 1995 to the Obiections. Recommendations and Comments Report be approved and (c) that the Director of Plannine: be authorized to transmit to DCA the followine:: (1) the response dated Januarv 18. 1995 to the Obiections. Recommendations and Comments Report as set forth in Mr. Wae:ner's memorandum of Januarv 20. 1995 to the City Commission. (2) a copv of Ordinance No. 95-01 which adopts the proposed Comprehensive Plan Amendments and (3) a letter outlinine: all information as specified bv Florida Statutes and the Florida Administrative Code reauired for the adoption of the Comprehensive Plan Amendment. Motion carried 5-0. ~ PuBLIC HEARING - CASE No. DRI-I-9-93: DEVELOPMENT OF REGIONAL IMPACT FOR LAKE LOTTA MALL, INCLUDING APPROVAL OF DEVELOPMENT ORDER AND NOTICE OF ADOPTION OF DEVELOPMENT ORDER. Planning Director Wagner presented the Staff Report, stating that the application by Homart Development Co. for development approval was originally submitted September 8, 1993, including two sufficiency responses, and this has been reviewed extensively by the City, County, Region, and State. He stated for the record that the Development Order provides for a regional mall with associated peripheral retail uses. The project as planned is to be developed in two phases on 130 total acres. The total mall size is 1,250,000 square feet of gross leasable area and the peripheral is 250,000 with a total of 1,500,000 square feet of gross leasable area. The permitted uses are all those permitted under the City's C-2 zoning district. Mr. Wagner noted that there were a number of uses that are restrictive and City A~~orney Rosenthal would discuss those. 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 an advertised 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 an advertised public hearing on the proposed development of regional impact and also continued that public hearing to a date to be determined. This Special Meeting of the City Commission has been scheduled to continue and reopen the public hearing on the proposed Development of Regional Impact. In order to assure that the Lake Lotta Mall DRl is properly coordinated with the companion Lake Lotta Center DRl, 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. '-' 8 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ Mr. Wagner advised that the Planning and Zoning Commission found the proposed Development Order for the Lake Lotta Mall Development of Regional Impact to be consistent with the Ocoee Comprehensive Plan and recommended approval subject to the adoption of the comprehensive plan amendment. The DRC recommended approval of the proposed Lake Lotta Mall Development Order subject to a number of final changes which have been incorporated. Accordingly, Staff recommended that the City Commission find the Development Order for Lake Lotta Mall Development of Regional Impact bearing print date of January 26, 1995, to be consistent with the Ocoee Comprehensive Plan, as proposed for amendment in Ordinance No. 95-01 and Case No. CPA-I-9-93, and approve said Development Order authorizing execution thereof by the Mayor and City Clerk and further authorizing the Mayor and City Clerk to execute the Notice of Adoption of DRI Development Order for the Lake Lotta Mall Development of Regional Impact as attached herewith, and further authorizing the Director of Planning to transmit said Development Order to the Department of Community Affairs. City Attorney Rosenthal referred to his Memorandum dated January 26, 1995, and explained the revisions to Case No. DRI-I-9-93 as follows: A reduction in the phasing schedule and the buildout schedule, with Phase I now being scheduled to conclude on November 30, 2000, as opposed to in the year 2002, and Phase II scheduled to conclude on November 30, 2003, as opposed to 2005. The determination date has also changed. This was basically necessitated due to a .'-' statutory provision which expired on December 31, 1994, which the DCA took the position that while on December 31, the City could have gone out to 2002, they said in January of 1995 could only go out to 2000 in Phase I, and, rather than having an extended discussion with the DCA on this matter, the developers have agreed to a reduction in the phasing schedule. Also, more specific information regarding the movie theater proposed for the mall has been provided. It is not to exceed 61,650 gross square feet and will have up to 3000 seats, and up to 500 parking spaces allocated to the movie theater only. Some additional restrictions have also been added. The Development Order now specifies, in addition to the restrictions previously contained (prohibiting gasoline stations, automobile sales, commercial convenience stores with or without gas sales, equipment sales, drive-in restaurants with no inside seating, miniature golf, and pawn shops), now prohibits funeral homes, nursing homes, non-retail galleries, and non-retail museums. '-' There is also a restriction on the maximum number of gross square feet within the mall project, which can be developed for medical/dental or professional offices, that is now capped at 50 thousand gross square feet. There are some additional reporting requirements which have been added. Added also is a provision regarding open space, which basically sets forth certain Ocoee Land Development Code Provisions into the DRI Development Order. Also attached now, is Table 5-1 from the City's '9 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-' Land Development Code, based upon the position of the DCA that the only way they will recognize a municipal ordinance is if it is attached as an exhibit to the Development Order. DCA now has some additional input into any issues related to gopher tortoises, so they will also have to approve the ultimate program in terms of gopher tortoises. There was a revision on low income housing. Low income housing will be evaluated in accordance with the adequate uniform housing standard rule as set forth in the Florida Administrative Code. There were some provisions dealing basically with who makes decisions on local roads. The draft from the Regional Planning Council had the Regional Planning Council making final decisions on all roads except state roads and municipal roads. Orange County communicated to the City Staff that they felt the County rather than the Regional Planning Council should be making those decisions. The City Staff agreed with the request from Orange County and it now provides that Orange County will be making final decisions with respect to county roads. DCA is essentially saying that, notwithstanding what all the other local governments do, if they believe that that conflicts with any of the provisions of the DR! statutes, they can then do whatever they want to do to enforce the DR! Development Order. ~ A distinction between state roads and regional roads has been clarified. Specifically, Clarke Road between SR 50 and Silver Star Road is a regional road under the state network system. While it's not a state road, the City has made revisions in several places which change references from state road to regional roads, which does give DCA some input and approval over what ultimately happens on that portion of Clarke Road as it connects two state roads. It doesn't change the development program, but it does basically give the Department of Community Affairs a method of entre. There has been some very standard language which has been in all the Development Orders regarding tri-party agreements. DCA's last Development Order changed that language and they have asked Ocoee to change its language to match their new language. '-' There have been a number of issues clarified on Local Transportation Improvements. On certain committed improvements, the City had referenced the Ocoee Comprehensive Plan and that has been revised to reference the Comprehensive Plan of the local government having jurisdiction over the roadway. So there could be circumstances under which the County Comprehensive Plan on county roads would be the operative Comprehensive Plan rather than the Ocoee Comprehensive Plan. There have also been some additional options clarified with respect to the implementation of some committed road improvements. There have been some added clarifications with respect to the Proportionate Share Agreement - not a substantive change, but to further clarify that the City will look at the further impacts from all phases of the DR! Project when looking at Proportionate Share Agreements. The change in the phasing has resulted in the necessity to change the term of the final Certificate of 10 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 "-" Concurrency being granted by the proposed DR! Development Order to now match the reduced phasing. This Development Order grants a final Certificate of Concurrency for Phase I. Mr. Rosenthal noted that in the event the developer comes back under Chapter 380 to get the phasing date extended (a definite possibility) the final Certificate of Concurrency for Phase I would be extended. The public hearing (which was continued from May 2, 1994) was re-opened. Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, thanked the City of Ocoee and the developers of these two projects for being receptive to the Rose Hill citizens, and expressed concerns about the traffic on SR 50 after the project is built. Two areas of major concern were: (1) the left turn lane at the intersection of Clarke Road and SR 50 as it only holds five cars, and (2) the need for a traffic light at the intersection of Good Homes Road and Old Winter Garden Road. Mr. Bruce Hossfield, P. O. Box 2975, Orlando, speaking for the Sierra Club, said that the Central Florida Sierra Club does not oppose the projects, but that attention needed to be focused on three environmental issues: (1) protecting the current viable population of gopher tortoises that exist on that site, (2) encouraging and promoting mass transit in our urban society, and (3) promoting energy efficiency. Also, parking should be reduced from 7500 parking spaces to 6400 to protect the tortoise population. '-' Mrs. Cecilia Height, 5114 Oak Hill Drive, Winter Park, Chairman of the Sierra Club, presented a paper on gopher tortoises and their preservation. Mr. Jim Grant, Senior Developer of Homart Development Company, in response to Mrs. Jacob's remarks, said that, because the traffic study shows there is no need for improvements at this time, there should not be any requirement on them to make any improvements at this point for future traffic on SR 50. He said if there is a need, they would prefer to address the traffic situation at their own discretion. Mr. Hal Kantor, attorney representing Homart, referring to the statements made earlier regarding the change with respect to the phasing for the Center and the Mall, confirmed on behalf of the Mall that they would request the two years that were lost as a result of the change. He noted that on Page 34, lines 31 and 34 of the Center's Development Order (print dated January 26) there is a difference from the Mall's DO that relates to the DR! reliance period and he said they should be consistent with the Center and both be for seven (7) years. (Later in this meeting in a discussion with Mr. Shapiro, Mr. Kantor withdrew this request.) In response to the Sierra Club, he 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 '--' 11 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ........ not result in changes from the legal perspective as they had met the requirements of the comprehensive standard for transportation. The public hearing was closed. Following brief comments by each member, Commissioner Gleason. seconded by Commissioner Johnson. moved to approve Case No. DR! 1-9-93 Development of Ree:ional Impact for Lake Lotta Mall as dated on the proposed Development Order on January 26. 1995. Commissioner Foster. seconded bv Commissioner Johnson. moved to amend the above motion bv addine: to find the Development Order for Lake Lotta Mall Development of Ree:ional Impact bearine: print date of Januarv 26. 1995 to be consistent with the Ocoee Comprehensive plan. as proposed for amendment in Ordinance No. 95-01 and Case No. CPA- 1-9-93. and approve said Development Order authorizine: execution thereof bv the Mavor and City Clerk and further authorizine: the Mavor and City Clerk to execute the Notice of Adoption of DR! Development Order for the Lake Lotta Mall Development of Ree:ional Impact as attached herewith. and further authorizine: the Director of Plannine: to transmit said Development Order to the Department of Community Affairs. Motion carried 5-0. City Attorney Rosenthal clarified for the record that Exhibit B as presented in the agenda packet is included as part of the proposed Development Order with print date of January 26, "-'" 1995. It was not reduplicated in the actual packet distributed. (Clerk's note: Exhibit B is Map H of the Master Plan.) The vote on the motion as amended was 5-0. SECOND READING AND PuBLIC HEARING ORDINANCE No. 95-02, REZONING CERTAIN LANDS TO PLANNED UNIT DEVELOPMENT AND APPROVING A LAND USE PLAN FOR THE LAKE LOTTA MALL PUD. DEVELOPMENT AGREEMENT FOR LAKE LOTTA MALL PUD. City Attorney Rosenthal read title only. Mayor Vandergrift left the table for ten minutes and handed the gavel to Mayor pro tern Johnson, who opened the public hearing. ~ Planning Director Wagner explained that the Staff report covered items D, E, and F on the agenda. Mr. Wagner then stated for the record that this is a rezoning from an existing PUD. The mall is located north of SR 50, south of White Road, and east of Clarke Road. The PUD Land Use Plan was initially submitted for City review on October 8, 1993. This Land Use Plan reflects and is compatible with the Development Order approved by Commission, and is also consistent with the approved Comprehensive Plan Amendment. This is a replacement PUD, and adoption of this PUD will essentially withdraw the existing Land Use Plan for the property and replace it. 12 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" Mr. Wagner again stated for the record that the mall is a project containing a gross leasable area of 1,500,000 square feet. It is a project planned in two phases on 130 acres. The mall itself will incorporate space for up to 5 anchor stores, a theater complex, food court, a future parking garage, and space for 140 retail shops. Mr. Wagner reviewed other details in the development, then explained that although the developer had exceeded some of the City's requirements, he has asked for waivers from those requirements to be sure that he was in strict accordance with Ocoee's Code. Mr. Wagner then listed these waivers for the record: . There is a request to slightly reduce the size of parking spaces; also a request to provide zero setbacks for buildings on individual lots within the mall. That would be where an anchor store attaches to a shop within the mall, sometimes the anchors have their own lot, and so this relaxes what would normally be a 25 foot spacing requirement. There is a requirement in the Code that parking should not be more than 400 feet from the principle use. There is just one area on this plan where the parking exceeds 500 feet. . The travel lane with internal driveways is normally twelve feet, and Homart is asking for eleven. They also request a slight reduction in the number of parking spaces - the count is only off by a few hundred spaces. Mr. Wagner stated that staff feels that Homart has met '-" the industry requirements. . The Code includes tree survey requirements for protected trees, and Homart is asking to be relieved of that requirement for any area that they do not intend to save trees. They also request a waiver of detailed specifications for landscaping in the parking lot, as their landscape architect would like to have the freedom to design the project as he wished instead of according to Ocoee' s Code specifications. They intend to put hedges instead of berms for screening. . The Code requires a six foot screening wall. Homart requests seven feet instead, along with a request for alternate landscaping along the screening walls, as they wish to do their own type of planting. The Code requires a certain number of shade trees in the parking lot, and they are asking to put those on the perimeter instead of within the parking lot. . Open space would be computed including retention ponds, which is something normally done. . The request to reduce the maintenance berm around retention ponds is something normally allowed for a private developer, if it is a private pond. ~ Mr . Wagner advised that the Planning and Zoning Commission, upon their review of this plan at their meeting on January 12, reviewed the plans in detail and found them to be 13 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-' consistent with the Ocoee Comprehensive Plan as proposed for amendment and the DR!; and they recommended unanimously to the City Commission to repeal the existing Planned Unit Development Zoning and Land Use Plan and rezone the property. Mr. Wagner then said that Staff also recommends (1) adoption of Ordinance 95-02, (2) approval of the Development Agreement, and (3) that Commission find the Preliminary Subdivision Plan and Site Plan consistent with the Comprehensive Plan and the DR! Development Order and approve the Plans. City Attorney Rosenthal referred to his memorandum dated January 26, 1995, and explained that because of the blackline changes to the Proposed Development Order, it has had a ripple affect on the other documents: Conditions of Approval 10 and 11 of the Land Use Plan for the proposed Lake Lotta Mall PUD (attached as Exhibit "B" to Ordinance No. 95-02) should be revised so as to be consistent with the revisions to Part I (A) (12) (a) of the Revised Mall DO. These revisions restrict the permitted Retail Uses and establish limitations with respect to the proposed movie theater. These revisions also change the Phase I buildout date to November 30, 2000, and the Phase II buildout date to November 30, 2003. Additionally, the proposed Land Use Plan for the Lake Lotta Mall pun should be revised so as to conform with the phasing and buildout schedule set forth in the Revised Mall DO. To the extent any other portions of the Land Use Plan are inconsistent with blacklined changes to the Revised Mall DO, Mr. Rosenthal recommended that such provisions be revised so as to be consistent with the Revised Mall DO and that the City Attorney be authorized to make such revisions prior to '-" execution by the Mayor and City Clerk. Mr. Rosenthal further recommended that the approval of Ordinance No. 95-02 incorporate these revisions. Mrs. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, asked for consideration on two more items: (1) that the medians on Clarke Road be landscaped, and (2) that the ring road that goes around the mall have lighted cross walks for safety. Mrs. Jacobs then asked Senior Developer Jim Grant to confirm, on the record, the agreements made to her over the phone, those agreements being as follows: (1) For the construction period, to build an opaque structure from where the wall ends to as far down to Lake Lotta as they are allowed to go. (2) Working hours would not be extended into the night. (3) There would be no neon lights/marquees shining into the residential development. (4) There would be no fire works displays. Mr. Grant agreed on public record to all four requests. Cecilia Height, 5114 Oak Hill Drive, asked that the landscape architect consider using native plants in order to reduce water usage, and noted that if no trees were going to be inside the parking lot, it was going to be very hot. Rob Ryan, Landscape Architect, said yes, native plants will be used as much as possible. Commissioner Glass, speaking on behalf of Frances Watts, asked if trees that are being taken out could made available to the public. Mayor Vandergrift replied that the trees seen on the '-' 14 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" corner do not belong to the Mall, and that the trees inside are mostly pine trees and are not worth saving. Robert McKey, 1110 Wineberry Court, expressed appreciation to the principals for their cooperation with the neighbors and for incorporating many of their requests into the development. He noted some issues not yet incorporated into the concepts yet, however, i.e., energy conservation, resource conservation, and environmental conservation and, displaying an aerial photograph of the area, he requested every effort be made to save trees. He requested also that some area be donated for recreation. Commissioner Gleason asked that the issue of landscaping the medians be addressed, as it was still unresolved. He added, in agreement with some of Mr. McKey's comments about saving the trees, that, although many of the trees/brush visible in the photograph displayed by Mr. McKey were not good quality or worth saving, he would request that as many trees as possible be saved. He said also that, although it had nothing to do with the Development Order or approval of any of the issues on this agenda, he would like to hear an update on Homart's position on the Biz Kid Program in conjunction with the Orange County School System. '-" Mr. Grant said that in Pembroke Pines Homart had landscaped the medians and the city took over the maintenance of them, due to the safety issue. City Manager Shapiro advised that he already had received complaints from citizens regarding the amount of staff time and funds used to maintain Clarke Road right-of-way, which would increase if landscaped medians were added to the care. In earlier discussions he had not been willing to add this responsibility to the budget until he had advised Commission of the added man hours and equipment this would entail, and had received express direction from Commission in a public meeting. Mr. Grant said they were willing to work with the City in the selection and the installation of low maintenance species, but were not willing to do the maintenance due to the liability. Mr. Grant said he had discussed the Biz Kids with Mr. Oliaro and they would address the issue with Orange County School System at the appropriate time. Mayor Vandergrift asked for consensus on the care of the median. It was agreed that it would be a positive thing to do to have Homart select and provide low maintenance plants for the median for the City to maintain. Mayor Vandergrift asked what happened to the fountains he had asked for in the beginning of the discussions about the Mall. Mr. Grant said they had tried to design the Mall so that it does not have a front door, so that the anchors would have equal positions. The public hearing was closed. '-' Commissioner Foster. seconded bv Commissioner Johnson. moved to adopt Ordinance No. 95-02 authorizine: execution bv the Mavor and Citv Clerk with revisions set forth in the City 15 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" Attornev's memorandum dated Januarv 26. 1995. and with condition of approval number 4. as set forth in the Land Use Plan beine: revised as follows: bee:innine: on line 12. to revise that to read "The developer shall improve the median islands alone: Clarke Road and the landscape plans for such improvements shall be subiect to the prior approval of the City. The City shall. at its sole cost and expense. maintain the improyed landscape median islands alone: Clarke Road includine:. but not Ltd. to. all irrie:ation necessary in connection therewith." with the balance of condition of approval No.4 remainine: unchane:ed. Motion carried 5-0. City Attorney Rosenthal stated that the Development Agreement is a document which incorporates the approvals set forth in Ordinance No. 95-02 and provides a vehicle for putting those into the public records. '-' Commissioner Foster. seconded bv Commissioner Glass. moved to approve the proposed Development Ae:reement for Lake Lotta Mall PUD between Homart Development Company. Lake Lotta Ltd.. and the City. with revisions set forth in the City Attornev Memorandum dated January 26. 1995. i.e.. Section 2(A) be revised to reference Ordinance No. 95-02 instead of Ordinance No. 94-02. Conditions 10 and 11 of the Conditions of Ap{Jroval as set forth in Exhibit B to the proposed Development Ae:reement be revised so as to be consistent with the revisions set forth in Part I(A)(12)(a) of the Revised Mall DO. and with the revisions to condition of approval No.4 as set forth in Ordinance No. 95-02. all beine: subiect to Ordinance No. 95-01. the Development Order for the Lake Lotta Mall DR!. and Ordinance No. 95-02. all becomine: effective. Motion carried 5-0. LAKE LOTTA MALL PUD PRELIMINARY SUBDIVISION PLAN/SITE PLAN PROJECT No. 94-011. City Attorney Rosenthal explained that Planning Director Wagner's report on the earlier presentations covered this item also. The public hearing was opened. Rob McKey, 1110 Wineberry Court, asked if there was anything in the Development Order for a time limit on the property being sold. City Attorney Rosenthal explained that yes there is an expiration in the Development Order, but there is not an expiration to the PUD. Commissioner Gleason clarified the question to be whether there was a time limit that Homart must own the property before they are allowed to sell to another entity. Mr. Rosenthal said there was not. Mr. Mckey then asked about the 45 foot height mentioned in the plans, and said that he thought 35 feet was the existing limit. Mr. Wagner explained that 45 feet was standard for all commercial buildings, that the 35 foot limit was for residential buildings. The public hearing was closed. Commissioner Foster. seconded by Commissioner Johnson. moved to find the Lake Lotta Mall PUD Preliminary Subdivision/Site Plan date stamped by the City on Januarv 20. 1995. to '-" be consistent with the Ocoee Comprehensive Plan as proposed for amendment in Case No 1-9- 16 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" 93 and the Lake Lotta Mall DR! Development Order. and approve the Lake Lotta Mall PUD Preliminary Subdivision Plan/Site Plan (date stamped as received by the City of Ocoee on Januarv 20. 1995) with revisions beinl! made to the condition of approval and ordered to be consistent with the conditions of approval as set forth in the Land Use Plan approved as part of Ordinance No. 95-02. all subiect to Ordinance No. 95-01. the Development Order. Ordinances No. 95-02 and the Development Al!reement Lake Lotta Mall PUD becominl! effective. Motion carried 5-0. PuBLIC HEARING: CASE No. DRI-2-9-93: DEVELOPMENT OF REGIONAL IMPACT FOR LAKE LOTTA CENTER, INCLUDING APPROVAL OF DEVELOPMENT ORDER AND NOTICE OF ADOPTION OF DEVELOPMENT ORDER. Planning Director Wagner presented the Staff Report and explained that all the prior comments made regarding the Mall pertain to the Center since they are being processed concurrently. Mr. Wagner then stated for the record that this project comprises the development of a retail center involving 275,000 square feet gross leasable area, 200 multi family dwelling units, and a 151 single family units on 99.25 acres of land. The allowable uses are as stated in the C-2 Zoning District, with some exceptions, and a total of 1650 parking spaces. '-' Mr. Wagner said that the Planning and Zoning Commission held a special meeting January 12, 1995, and at that meeting they unanimously voted to find the proposed Development Order for the Lake Lotta Center Development of Regional Impact to be consistent with the Ocoee Comprehensive Plan as proposed for amendment and recommended that the City Commission approve the Development Order. He added that Staff recommended approval as well. City Attorney Rosenthal referred to his Memorandum dated January 26, 1995, and explained that it includes a blacklined copy of the proposed Development Order for the Lake Lotta Center DR! which has a print date of January 26, 1995 on it and is the specific Development Order which the Commission would be asked to act upon. (Exhibit B, which is the Master Development Plan, was not attached to the print that was handed out to the Commissioners, but is included as part of the Development Order, and is the same as Exhibit B to the Development Order included in the agenda packet.) He said there were two corrections to the blacklined copy which shows revisions from the proposed Development Order included in the agenda packet, and the revisions are as follows: (1) Page 31, which is Local Condition No.7, which is line 25 of the draft, there is a word "not" which is shown as deleted and that word should be included so that the sentence would read, "The developer shall not be entitled to claim any exemption from compliance with the terms and conditions of this Development Order based upon the Lake Lotta PUD Vested Rights Certificate." and (2) The suggestion that Part III (C) of the revised draft of the Development Order should be changed from seven years to five years has been reconsidered. Mr. Rosenthal said that, after discussions with Mr. Cloud, he recommended that it be stricken from the Staff Report and recommendations. The Development Order provision would remain at seven years because it has been determined that is not impacted by the revised phasing. '-" 17 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ The public hearing was opened. Tom Cloud, Attorney for Lake Lotta Ltd., noted two things for the record: (1) that he concurred with Mr. Rosenthal's comments, (2) that he would be coming in and asking for the additional two years lost. Rob McKey, 1110 Wineberry Court, read page 19.4 from the 1994 DR! Agreement regarding the use of a drainage basin shared with The Hammocks and asked for reconsideration about its use. He also asked also that a construction fence be put up from White Road to the chain link fence located at the drainage at the Worsham property to keep out dust, debris, and uninvited guests. The public hearing was closed. Commissioner Gleason expressed concern about the retention pond in the Hammocks not being able to handle the amount of water that it was designed for and asked Commission to address the problem. City Manager Shapiro advised that the owner had a legal right to use the pond, and that the Hammocks could not have been built without the owner's cooperation in the use of the pond. However, before development is begun hydraulic tests will be done and the results will be brought to Commission. '-" Commissioner Foster. seconded bv Commissioner Gleason. moved to find the Development Order for Lake Lotta Center Development of Rel!ional Impact bearinl! print date of January 26. 1995 and as revised in the memorandum from the City Attornev dated January 26. 1995 to be consistent with the Ocoee Comprehensive Plan. as proposed for amendment in Ordinance No. 95-01 and Case No. CPA-2-9-93. and approve said Development Order. with the revision stated by the City Attornev to Part II C-7 of the Development Order. authorizing execution thereof by the Mayor and City Clerk. and further authorizinl! the Mayor and City Clerk to execute the Notice of Adoption of DR! Development Order for the Lake Lotta Center Development of Rel!ional Impact as attached herewith. and authorizinl! the Director of Planning to transmit said Development Order to the Department of Community Affairs. Motion carried 5-0. SECOND READING AND PuBLIC HEARING: ORDINANCE No. 95-03, REZONING CERTAIN LANDS TO PLANNED UNIT DEVELOPMENT AND APPROVING A LAND USE PLAN FOR THE LAKE LOTTA CENTER PUD. Ordinance No. 95-03 was presented by title only for the public hearing. Planning Director Wagner presented the Staff Report and explained that the report covers both items H and I on the agenda and centers on the PUD Land Use Plan. Mr. Wagner then stated for the record that the development consists of 275,000 square feet of retail, 200 Multi-family units, and 151 Single family units. He clarified several items: (1) This plan provides for access to the Multi- family land that sits west of Tract 2 of this development. (2) This is the Multi-family land '-" 18 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ adjoining the Hammocks Subdivision. (3) There will be a means out of that Multi-family parcel through this development to Clarke Road so there will be no need for access back through the Hammocks. In answer to the question regarding screening walls, the developer has agreed that there will be screening walls provided before actual development occurs adjoining the Hammocks Development as well as Rose Hill. And also, this development does preserve the wetlands surrounding Lake Lotta proper, within a conservation area. Mr. Wagner then listed the waivers requested: . A slight reduction in the Multi-family parking requirement from 2l,4 to 2 . Increase permitable cuI de sac lengths . Provide hedges for screening instead of berms . A request to forego preparation of a detailed stormwater management plan until Preliminary Subdivision Plans are submitted . To provide for zero setbacks for buildings on individual lots within the actual retail center . To increase their screening wall to seven feet where it adjoins Rose Hill '-' Mr. Wagner advised that the Planning and Zoning Commission, at their meeting January 12, voted unanimously to recommend that Commission find the Lake Lotta Land Use Plan to be consistent with the Ocoee Comprehensive Plan and the DR! Development Order, approve their request to repeal the existing Plan Unit Development and rezone the property. Staff has also found the same to be true and recommends approval of Ordinance No. 95-03, which effectuates the PUD. City Attorney Rosenthal referred to his Memorandum dated January 26, 1995, and explained that it was recommended that Section Five of proposed Ordinance No. 95-03 be revised to change "Cover Sheet for Lake Lotta PUD Land Use Plan" to "Cover Sheet for Lake Lotta Center PUD Land Use Plan." It is also recommended that Condition No. 48 as set forth in the Conditions of Approval of the proposed Land Use Plan for the Lake Lotta Center PUD be revised so as to be consistent with the provisions of Part I (A) (12) (a) of the Revised Center DO. These revisions restrict the permitted Retail Uses. These revisions also change the Phase I buildout date to November 30, 2000 and the Phase II buildout date to November 30, 2003. Additionally, all references in the proposed Land Use Plan to the phasing and buildout schedule should be revised so as to be consistent with the provisions of Part I (A) (12) (a) of the Revised Center DR! DO. To the extent any other provisions of the Land Use Plan are inconsistent with the blacklined changes to the Revised Center DR! DO, Mr. Rosenthal recommended that such provisions be revised so as to be consistent with the Revised Center DR! DO and that the City Attorney be authorized to make such revisions prior to execution by the Mayor and City Clerk. M. Rosenthal recommended that the approval of Ordinance No. 95-03 incorporate these revisions. The public hearing was opened. '-" 19 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 ~ Gretchen Jacobs, Rose Hill, asked that the same process to get the Mall Site Plan approved also be done with the Lake Lotta Center Properties. The public hearing was closed. Commissioner Glass, speaking on behalf of Frances Watts, asked that there be a provision for playgrounds in the multi-family area. Mr. Wagner said that the City's Land Development Code does require private recreation improvements within the multi-family area, and this developer will conform to all the normal requirements of the City's Code. Commissioner Foster. seconded bv Commissioner Glass. moved to adopt Ordinance 95-03 with the revisions set forth in the City Attornev' s Memorandum dated January 26. 1995. authorizinl! execution thereof bv the Mavor and City Clerk. Motion carried 5-0. '-" DEVELOPMENT AGREEMENT FOR LAKE LOTTA CENTER PUD. City Attorney Rosenthal referred to his Memorandum dated January 26, 1995, and explained that it was recommended that Section 2 (A) of the proposed Development Agreement be revised as follows: (i) change "Ordinance No. 94-03" to "Ordinance No. 95-03", and (ii) change "Cover Sheet for Lake Lotta PUD Land Use Plan" to "Cover Sheet for Lake Lotta Center PUD Land Use Plan". Additionally, Condition 48 of the Conditions of Approval as set further in Exhibit B to the proposed Development Agreement should be revised so as to be consistent with the provisions of Part I (A) (12) (a) of the Revised Center DO. It is further recommended that the Conditions of Approval be revised so as to be consistent with the Conditions of Approval as set forth in the Lake Lotta Center PUD Land Use Plan. It is recommended that these changes be incorporated into the action taken by the City Commission. Commissioner Foster. seconded by Commissioner Johnson. moved to approve the proposed Development Al!reement for Lake Lotta Center PUD between Lake Lotta Ltd. and the City. with the revisions set forth in the City Attornev's Memorandum dated January 26. 1995. subiect to Ordinance No. 95-01. the Development Order for the Lake Lotta Center DR!. and Ordinance No. 95-03 all becominl! effective. Motion carried 5-0. DISCUSSION OF PHASING OF FINAL SUBDIVISION/SITE PLANS. Planning Director Wagner presented a brief overview of the Staff Report explaining that the developers of the proposed Lake Lotta Mall DR! have indicated to City Staff their desire to construct the project as expeditiously as possible in order to open the mall before the end of 1996. To accomplish such an aggressive schedule, the developers have discussed with Staff possible ways in which to fast-track the Final Subdivision Plan/Site Plan review process. This would enable them to begin site work as soon as the sale of the property is consummated and the state review period for the Comprehensive Plan Amendment and DR! are completed. Specifically, the developer has asked whether final grading and storm water management plans may be approved ahead of the remainder of the Final Plans package to permit a four-to-six ~ 20 Ocoee City Commission Special Session Public Hearing Lake Lotta Mall and Lake Lotta Center January 26, 1995 '-" month period of site work to commence while the remainder of Final Plans are completed and reviewed. Mr. Wagner advised that, as the Land Development Code and established procedures neither permit nor prohibit such an approach, upon Commission authorization, Staff is prepared to implement a phased review procedure, and develop a formal agreement which outlines the specific manner in which reviews would take place. In general, Staff believes that all normal LDC review procedures should apply; that is, both the initial portion of the Final Plans package as well as the completed Final Plans package would go to DRC, the Planning and Zoning Commission and City Commission for approval prior to any work being initiated. Staff recommended that the Mayor and City Commission conceptually authorize Staff to process Final Subdivision Plans/Site Plans for the Lake Lotta Mall DR! in an incremental fashion and to develop a formal Processing Agreement for same, subject to City Commission approval. Mayor Vandere:rift. seconded bv Commissioner Glass. moved to conceptually authorize Staff to process Final Subdivision Plans/Site Plans for the Lake Lotta Mall DR! in an incremental fashion and to develop a formal Processinl! Al!reement for same. subiect to City Commission approval. Motion carried 5-0. Commissioner Gleason expressed appreciation to Mrs. Jacobs and Mr. McKey for their involvement with the entire process, and to Mr. Grant, Mr. Kercher, Mr. Frazee for bringing '-" a project to be proud of to Ocoee. He thanked staff members Planning Director Wagner, Senior Planner Dow, Executive Secretary King, City Engineer Shira, Building Official Flippen, Administrative Services Director Beamer, and City Manager Shapiro for negotiating on behalf of the citizens. The rest of the Commission concurred. Mayor Vandergrift thanked the television crew from the school and CVI for their assistance and especially for staying through until the end of the meeting. ADJOURNMENT The meeting adjourned at 11 :50 p.m. APPROVED C.ity Ofo..=dd SS;4( ~ S. Scott Vandergrift, Mayor ~ 21