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HomeMy WebLinkAboutItem V (A) Albertson's Shopping Center - Preliminary Subdivision Plan Agenda 3-16-93 'CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item V A Ocoee J.J...IJI 1 VA1NUCxCa1(11I 61/4( COMMISSIONERS '`v ,'NA CITY OF OCOEE RUSTY JOHNSON Q. 1 150 N.LAKESHORE DRIVE PAUL W.FOSTER v O OCOEE,FLORIDA 34761 VERN COMBS fe (407)656-2322 SAM WOODSON ��<4?>/: °FG OOp v�J` CITY MANAGER ELLIS SHAPIRO SRP-368 STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: Bruce C. Behrens , Director of Planning ,W DATE: March 11 , 1993 SUBJ: Albertsons Shopping Center on the Northwest Corner of Clarke and Silver Star Roads ISSUE: Should the Honorable Mayor and City Commission approve the Preliminary Subdivision Plans for Albertsons Shopping Center? BACKGROUND: The 11 . 7 acre site for this shopping center was originally annexed into the City in 1986 as part of the Silver Glen P.U.D. This parcel was separated from the residential piece and rezoned from P.U.D. to C-2 on November 21 , 1990 . A new Developer Agreement outlining the responsibilities of both the residential piece and the commercial piece was executed on December 17 , 1991 (see attached Development Agreement) . The Comprehensive Plan designated the intersection of Clarke and Silver Star Roads as an "Activity Center" . The Comprehensive Plan outlines several broad concepts for activity centers : (p. 39 Future Land Use Element) . 1 . Activity Centers will be the major nodes of employment within the city and will include residential and support commercial land uses . 2 . Mixed land use and pedestrian as well as transit travel must be emphasized in the design of these centers . 3. Setback allowances and increased floor area ratios are two mechanisms that should be considered within the activity center plans . 4. Specifically, these activity centers should be surrounded by several residential areas that contain a mix of housing types . OIL fib' Albertsons Shopping Center (PSP) March 11, 1993 Page 2 5. Retail , service and recreational facilities shall also be integrated with these areas . 6. Non-residential areas shall establish the hub and the focus of the area. 7 . Retail and service establishments, including day care centers, government buildings , and cultural centers should also be included within the centers . 8 . Activity centers should be within walking or bicycling distance to most residents . 9 . Sidewalks should be placed on both sides of the roadways and shall be connected to sidewalks within residential developments . 10 . All parking areas shall be heavily landscaped and setback allowances shall be given for any parking located behind buildings . The City Attorney has directed staff to review this proposed development as a P.U.D. (see attached memo from City Attorney dated November 13 , 1992) . In July, 1992 the City adopted a revised Land Development Code that addresses standards for Activity Centers . The Code says that Activity Center areas should be developed. . . "in a coordinated fashion to ensure a mix of compatible and complementary land uses" (p. 18087 , Article IV, Section 4-6(D) Special Overlay Districts - Standards for Activity Centers) . The Land Development Code mentions specific standards that may be considered, among others , when considering development in Activity Centers . These include a Master Site Plan for the entire center, restrictions on the location of vehicular entrances to individual parcels , internal circulation to other parcels within the area, requirements that specific infrastructure, such as master surface water management systems , transit facilities etc . be provided, and standards to improve pedestrian access to and within the Activity Center. Albertsons Shopping Center (PSP) March 11, 1993 Page 3 DISCUSSION: Discussions with the Landowners of the three city parcels located at the Clarke Road and Silver Star Road intersection (the southeast parcel remains in the County) began when Clarke Road was being designed. Appropriate access to and from each parcel was determined in discussions between the City Engineering Department, and the Landowners . The development has been designed to accommodate the Lynx Public Bus System. The need for heavily landscaped parking lots (p. 18106 of the Code) was discussed with all landowners as well as the desire to see "Architectural Harmony" at the intersection. Sign height was reduced from 30 feet to 20 feet so that the commercial activity would "fit in" better with the surrounding residential uses . A pylon identifying the shopping center is shown as being located in the 20 ' buffer zone adjacent to the residential area. On the Final Subdivision Plans , this pylon will be moved east of the driveway that is adjacent to Lot 3 . The proposed Albertsons Shopping Center consists of four lots . The main "core" of the center would be built on Lots 1 and 2 , and the infrastructure (water, sewer and stormwater systems, as well as paved access) for the entire subdivision would be built in Phase I . (Lots 3 and 4 would be sold fee simple as "out parcels". Development on these lots would be reviewed when submitted. ) The total "core" building area occupying Lots 1 and 2 would be 67 , 895 square feet . Maximum building height would be 35 feet . The Developer is requesting six waivers to the Code: 1 . ARTICLE V, TABLE 5-2 . REDUCE THE EAST SIDE YARD OF LOT 2 FROM 10 ' TO ZERO FEET AND THE WEST REAR YARD OF LOT 1 FROM 20 ' TO ZERO FEET. 2 . ARTICLE 6-10 I (3) . ALLOW LOTS 1 AND 2 TO MEET CODE AS A CONTIGUOUS LAND MASS IN LIEU OF SEPARATELY . ALSO, ALLOW THE BUILDING SET BACK TO BE ZERO FEET ON THE JOINT PROPERTY LINE BETWEEN LOTS 1 AND 2 . Albertsons Shopping Center (PSP) March 11, 1993 Page 4 3 . ARTICLE 5-8 (B) . REDUCE BUFFER WIDTH FROM 25 ' REQUIRED TO A MINIMUM 20 ' WIDTH TO ALLOW DRIVEWAY TO ALIGN WITH FUTURE DRIVE ON SOUTH SIDE OF STATE ROAD 438 . 6 ' BRICK WALL AND ADDITIONAL LANDSCAPING TO BE PROVIDED IN 20 ' BUFFER. 4 . ALLOW PROJECT SIGNAGE TO BE CONSTRUCTED IN ACCORDANCE WITH DETAIL PROVIDED HEREON. TWO PYLON SIGNS TO BE CONSTRUCTED, ONE ON LOT 1 AND ONE ON LOT 2 , AT THE LOCATIONS DESIGNATED ON THIS PLAN. 5 . ALLOW EASTERLY ACCESS DRIVEWAY CONNECTION TO BE CONSTRUCTED AT THE LOCATION SHOWN ON THIS PLAN THUS AMENDING THE ZOM SILVER GLEN DEVELOPER'S AGREEMENT DATED DECEMBER 17 , 1991 . 6 . ARTICLE IV, 4-5 (M) (3) . REDUCE 50 ' FRONT SETBACK ON LOTS 1 AND 3 TO 40 ' AT LOCATIONS AS DESIGNATED ON THIS PLAN. Attached is a letter from the Developer (Trycon, dated 2/22/93) with respect to waivers . CONCURRENCY MANAGEMENT: See attached Staff Report from Janet Resnik, dated March 1 , 1993 , addressing concurrency. DRC RECOMMENDATION: The Development Review Committee met and reviewed the Land Use / Preliminary Subdivision Plan on February 23, 1993 . The Preliminary Plan including the waivers , was approved subject to the dedication to the City, prior to Final Engineering Plan approval , of a 20 ' right-of-way that lies between the existing Silver Star Road right- of-way and the Zom Property . PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission unanimously recommended that the Honorable Mayor and City Commission approve the Preliminary Subdivision Plans with the waivers as presented except for the requested waiver to reduce the front setback from 50 feet to 40 feet on Lot 3 . STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commission approve the Preliminary Plans for Albertsons Shopping Center with ALL requested waivers , subject to the dedication to the City a 20 ' right-of-way that lies between the existing Silver Star Road right- of-way and the Zom Property, prior to Final Engineering Plan approval . Albertsons Shopping Center (PSP) March 11 , 1993 Page 5 BCB/emk Attachments cc: Jim Bartoe, CS Associates David Barker, Foley and Lardner Neal Miler, Civil Design Group File #92-006 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT ° CITY OF OCOEE SHUJOHNSON 'r ' D. 150 N.LAKESHORE DRIVE PAUL W.FOSTER v ` C OCOEE,FLORIDA 34761 VERN COMBS rse (407)656-2322 SAM WOODSON yfF� �f G 00�v>,` QTY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: JANET RESNIK, DEVELOPMENT ADMINISTRATOR, CONCURRENCY MANAGEMEN DATE: MARCH 11, 1993 SUBJECT: CONCURRENCY ISSUES FOR ALBERTSON'S SHOPPING CENTER ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Preliminary Subdivision Plans for Albertson's Shopping Center? BACKGROUND AND DISCUSSION As Albertson's Shopping Center was already in Preliminary Plan review when the concurrency management system was established, the developer of the project does not have to apply for a concurrency determination until Final Engineering Plans are submitted. Note 1 under "City Standard Notes" on the Preliminary Plan outlines this requirement and makes it a part of the Preliminary Plan approval. RECOMMENDATION There are no issues regarding concurrency at this stage of development that prevent the Honorable Mayor and Board of City Commissioners from approving the Albertson's Shopping Center Preliminary Subdivision Plans. cc: Montye Beamer, Director of Administrative Services "•-,Red Fee ' 3'),O CJ MARTRA O. HAYNIE, 'Add Fee $ .`•', 0—"Urnnre County Doe Tax $ ,, , r Int Tax $ Bye cc- Total $ `4 ('CI) DePutY DEVELOPER'S AGREEMENT 11THIS VELOPE ' S AGREEMENT is made and entered into this _ . 1 day of 12 , 1991, by and between the CITY OF OCOEE, FLORIDA, a municipal corporation (hereinafter referred to as the "City") ; and ZOM SILVER GLEN, LTD. , a Florida limited partnership (hereinafter referred to as "Zom") . ...} _`.' •Fier _. �..-- -=' _ WITNESSETH: fj WHEREAS, Brookshire Development Company, Inc. , a Florida corporation (hereinafter referred to as "Brookshire") was the owner and developer of all of the land comprising the development within the city limits of the City known as "Silver Glen" and as more particularly described in the "Final Master Plan and Preliminary /, Subdivision Plan for Silver Glen, City of Ocoee, Florida" , dated March 3 , 1989, as prepared by C.C.L. Consultants, Inc. and consisting of 6 pages, as approved by the City Commission of the 6 City on March 21, 1989 (hereinafter referred to as the "Master Plan") ; and OR 14 357 PG4672 WHEREAS, by Warranty Deed dated November 13 , 1987, and recorded in Official Records Book 3936, Page 2381, Public Records of Orange County, Florida, Brookshire conveyed to Zom certain of the land encompassed within the Master Plan, being the portionof - the lands being designated on the Master Plan as the "commercial tract" , and being more particularly described in the above referred Warranty Deed (with the lands conveyed by Brookshire to Zom being hereinafter referred to as the "Zom Parcel") , and with the balance of the lands encompassed within the Master Plan being hereinafter referred to as the "Brookshire Parcel") ; and WHEREAS, as set forth in the Master Plan all of the lands encompassed thereby was zoned "Planned Unit Development" ("PUD") by the City, with the conditions of approval applicable to such zoning classification being set forth in the 24 "Notes" listed on the Master Plan (with such Notes being hereinafter referred to collectively as the "Notes" , and with any individual note being hereinafter referred to as "Note" followed by a number O rn corresponding to the number of such Note as set forth on the Master Plan and with a list of said Notes being attached hereto as Exhibit c' 1 "A"; and aW U] n c , N WHEREAS, certain of the Notes are intended to apply only to M M the Brookshire Parcel, some of the Notes are intended to apply only (Es3a, to the Zom Parcel, and some of the Notes are intended to apply to a N - both Parcels; and Ts • w E-' o o WHEREAS, certain of the conditions as contained in the Notes ai c C° 0 are no longer applicable and have been rescinded and deleted by virtue of that certain Development Agreement between Brookshire, • • s4Zom and the City, dated August 21, 1990, and recorded in Official aoaa o Records Book 4213 , Page 1029, Public Records of Orange County, Florida (the "Clark Road Agreement") ; and RE\07670\0001 V ESIDG 10.028 911119.2 1 WHEREAS, at the request of Zom, the City, on November 21, 1990, rezoned the Zom Parcel from a PUD zoning classification to a C-2 zoning classification, but with a stipulation that any of the conditions of approval as contained in the Notes which applied to the Zom Parcel would continue to be applicable thereto; and WHEREAS, the City and Zom are desirous of setting forth which of the Notes remain applicable to which of the Parcels; NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration exchanged between and among the parties hereto, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the City and Zom do hereby agree as follows: 1. The parties hereby mutually represent and agree that the foregoing recitals are true and correct, and are hereby adopted and incorporated herein as a part of this Agreement by this reference. 2. The parties acknowledge and agree that Note 3 has been rescinded and deleted pursuant to Section 5 of the Clark Road Agreement, and neither Brookshire, nor Zom shall have any further obligations with regard to said Note 3 . 3 . The parties acknowledge and agree that Notes 2, 4, 6, 8, 9, 11, 12 .B, 14, 15, 18, 19 and 24 are applicable only =to the Brookshire Parcel and neither Zom nor the Zom Parcel shall be bound thereby or have any obligation with regard thereto. 4. The parties acknowledge and agree that Notes 5 and 21 are applicable only to the Zom Parcel and neither Brookshire nor the Brookshire Parcel shall be bound thereby or have any obligation with regard thereto. 5. The parties acknowledge and agree that Notes 1, 7, 10, 12 .A, 13, 16, 17, 20, 22 and 23 are applicable to both the Brookshire Parcel and the Zom Parcel, subject, however, to the following: (a) With regard to Note 16, Brookshire shall be fully responsible for the sidewalk located on or abutting the Brookshire Parcel, and Zom shall be fully responsible for the sidewalk on or abutting the Zom Parcel. Neither Zom nor Brookshire shall have any obligation as to construction of sidewalks on or abutting the other party's Parcel. 6. With regard to the financial obligations as contained in Note 13, ZOM and Brookshire shall be jointly and severally liable therefor. This Agreement shall not, however, be deemed or construed in any way so as to modify, amend, enlarge, diminish or abrogate any rights of contribution, reimbursement or the like which ZOM may have against Brookshire, or vice versa by virtue of any agreement by and between ZOM and Brookshire, or otherwise, regarding the payment of any of the amounts required by said note 13 . OR 3,� 57 pc4673 RE\07670\0001 VESJDG 10.028 911119.2 2 7. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors and assigns of the parties, and shall run with the Zom Parcel and be binding upon the heirs, legal representatives, successors and assigns of the parties and upon any person, firm, corporation or entity who may become the successor-in-interest to the ZOM Parcel. 8. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 9. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 10. Any notice delivered with respect to this Agreement shall be in writing and be deemded to be delivered (whether or not actually received) when (A) hand delivered to the person hereinafter designated, or (B) upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: Zom: Zom Silver Glen, Ltd. 2269 Lee Road Winter Park, FL 32789-1866 City: Attention: City Manager City of Ocoee 150 Lakeshore Drive Ocoee, FL 32761 _ 11. If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining protion hereof. 12 . The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder and the consummation of the transactions contemplated hereby. 13 . The parties hereto shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. RE\07670\0001VESIDG10.028 OR 4 3 5 7 PG 4 6 7 4 911119.2 3 14. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 15. This Agreement may be executed in any number if counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Zom and the City have caused this instrument to be executed by their duly authorized officers and their respective seals to be affixed hereto as of the day and year first above written. Signed, sealed and delivered ZOM SILVER GLEN, LTD. , a in the presence o : Florida limited partnership by its General Partner, ' 1 (� ZOM Properties, Inc. • Print Name: Li �.^ i,: ca. �t\ - L'.�-( By: �. . . 4/ 7 Edmund P. Hampden _ President -i s I; Print Name: / G! /.fJ a*! , rr 'L° :} (SEAL) • _J STATE OF FLORIDA i COUNTY OF © O @. I HEREBY CERT FY that on this day, before me, an officer duly authorized by the State and County aforesaid to take acknowledgments, personally appeared EDMUND P. HAMPDEN, well known to me to be the President of ZOM PROPERTIES, INC. , a Florida corporation, as General Partner of ZOM SILVER GLEN, LTD. , a Florida limited partnership, and that he acknowledged executing the same on behalf of the corporation in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said corporation. WITNESS my hand and offici seal in the County and State last aforesaid this Z\ day of o L -. , 1991. (NOTORIAL SEAL) Notary Public, (�,� Print Name: \ e�� : c,,'1 i e, My commission expires: 4. z,t, .q (Signatures Continued on Next Page) �,g4357 FG4675 RE\07670\0001 V ESJDG 10.028 911119.2 4 • CITY OF OCOEE a Florida ••unicipal corporation i Pr'f N. e: _„d f; . • L - ER DABBS, JR , M•-yo t , . �C 4 Print Nam- SHERky SEAVEA� Attest: J t GRAFTON, ity •Clerk = �`'i- (SEAL) , STATE OF FLORIDA "~ COUNTY OF Orange I HEREBY CERTIFY that on this day, before me, an officer duly authorized by the State and County aforesaid to take acknowledgments, personally appeared LESTER DABBS, JR. and JEAN GRAFTON, well known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida municipal corporation, and that they acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in him by said corporation. ss a rct •iTNESS my hand and official seal in the County and State .÷IastTaforesaid this 17th day of December , 1991. i OTORIAL SEAL) Not ill:a-KJ CI a ati-it .My Public Print Name: Marian B. Green My commission expires: .'; ; �;^ November 4, 1994 :jr• :'FOR; USE AND RELIANCE ONLY ;' BY -THE--CITY OF OCOEE, FLORIDA. APPROVED BY THE OCOEE CITY , APPROY_ AS TO F AND. LEGALITY COMMISSION AT A MEETING THIS 111-DAY OF CP.r+1 1991. HELD ON 4)K4-6,Rra /7 , 1991, UNDER AGENDA NO. G' FOLEY & LARDNE , 6;4) aa,jeKad By: , City Attorney RE\07670\0001VFSJDG10.028 0 3 5 7 PG 4 6 7 6 911119.2 5 • EXHIBIT "A" NOTES : 1 . THE REZONING AND PRELIMINARY APPROVAL IS SUBJECT TO ALL REQUIREMENTS OF TILE FLORIDA LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT. 2 . STREET STUBS To ADJOINING UNDEVEIAPED AREAS , EXTENDING IN EXCESS OF TWO HUNDRED FIFTY FEET (250 ' ) , SHALL BE PROVIDED WITH A TEMPORARY CUL-DE-SAC TURNAROUND. 3 . THE i) ELOPER SHALL DEDICATE THE EASTERLY FIFTY ( 50) FEET OF xIs PROPERTY IN ACCORDANCE WITH THE PROPOSED CLARK ROAD AI,IGN'IIENT. 'TIE DEVELOPER SHALL BE RESPONSIBLE FOR PAVING A STANDARD TWENTY-FOUR ( 24) FOOT WIDE STREET FROM SILVER STAR ----- ROAD TO TILE INITIALLY--APPROVED- PROPOSED ENTRY POINT- OF '1HE--------- PROJECT. THE COSTS OF ALL ADDITI.ONAL PAVINGREQUIRDBY THE CITY NORTH OF THAT -ENTRY POINT, AND ANDEXTENDING NO FURTHER THE THAN THE NORTHERN EXTENSION OF PROPOSED CLARK ROAD RIGHT-OF-WAY AS IT ABUTS THIS PARCEL, SHALL BE CREDITED AGAINST ANY TRANSPORTATION IMPACT F E ES . IMPOSED BY TUE . CITY WHICH TIIE DEVELOPER WOULD OTHERWISE BE REQUIRED TO PAY -- 4_ . 'AY --4_ . THE SILVER GLEN BOULEVARD INTERSECTION -WITH SILVER STAR ROAD: '_ SIIAL1T. BE PROVIDED WITH APPROPRIATE _BY-PASS ,. STORAGE , . ACCELERATION AND DECELERATION LANES APPROXIMATELY AS SHOWN - -- ON SHEET 6 AND AS REQUIRED BY THE CITY ENGINEER, ORANGE COUNTY ENGINEERING , AND FLORIDA DEPARTMENT OF TRANSPORTATION. -' DIRECT ACCESS TO TITE COMMERCIAL TRACT SHALL BE PERMITTED 'r9...:-. T� AT FLINT APPROXIMATELY FIVE HUNDRED r= • SILVER STAR ROAD A "ft.... (550 ' ) FEET RI. DM THE CE'N EPTTI NE OF CLARK ROAD AND TO CLARK ROAD AT A 'POINT APPROXIMATvTa FOUR HUNDRED (4001') TITS CENTERLINE OF SILVER STAR ROAD. APPROPRIATE I ATE BY—PASS, —7' STORAGE, ACCE I,ERATJ ON AND DEC" 'BATT-ON LANES SHALL BE -PROVIDED AT THESE LOCATIONS. "HESE -IMPROVEMENTS SHALL ME- - -- CONDITIONS Or THE COMMERCIAL 'TRACT s TE DEVELOPMENT PIAN• ti: ,,. �+ SCIZELId WALLS SHALL 17E I'ROViT)ED AT THE REAR OF T?."- ---= RESIDENTIAL LOTS WHICH ABUT "SEINER STAR ROAD AND CLARK 7D-:. • ALL ACCESS RIGHTS TO "THESE RDADS SHALL BE DEDICATED TO MiE _ = ---..-. CTTY OF OCOEE EXCEPT AT APPROVED QRS-T-TIONS . -. ALL TYPICAL SUBDIVISION CONSTRUCTION STANDARDS AND -- -REGIILATIONS 'SHALL BE ADHERED -TO .EY THE DEVELOPER. OR4357 PG4677 S . THE SUBDIVISION CONFORMS TO R-1 -A ZONING WITH THE FOLLOWING EXCEPTIONS : VARILNCES FROM R_1_A ZONING THIS PROJECT R--1-A A . MINIMUM LOT AREA 6 , 500 S . F. 8 , 000 S . F. B. SETBACK FROM SIDE STREET F 25 FEET* 25 FEET C. MINIMUM LOT WIDTH AT - 60 FEET 70 FEET FRONT SETBACK LINE *FIFTEEN (15 ' ) FOOT SETBACK ONLY APPLIES TO CORNER LOTS HAVING COMMON REAR LOT LINES . A MINIMUM OF TWO OFFSTREET PARKING SPACES PER RESIDENTIAL UNIT SHALL BE PROVIDED BEHIND THE FRONT YARD SETBACK LINE . DEED RESTRICTIONS SHALL LIMIT PARKING IN THE FRONT YARD TO TWO VEHICLES (AUTOS AND LIGHT DUTY PICKUP TRUCKS ONLY) SITUATED ON A PAVED SURFACE . BOATS , TRAILERS , AND CAMPERS SHALL BE RESTRICTED TO REAR YARDS ONLY . PROPOSED LOT DIMENSIONS - -_ - SECTION A SECTION B MINIMUM LOT SIZE 6 , 500 SF 8, 500 SF MINIMUM LOT WIDTH 60 75 TYPICAL LOT SIZE 60 X 110 80 X 125 FRONT YARD SETBACK 25 25 REAR YARD SETBACK 25 25 SIDE YARD SETBACK 6 7 . 5 9 . THE MINIMUM SQUARE FOOTAGE OF LIVING UNITS S. J BE AT LEAST TWELVE HUNDRED SQUARE FEET (1, 200 S . F. ) . 10 . POTABLE WATER SERVICE AND SANITARY SEWER SERVICE WILL BE PROVIDED BY THE CITY OF OCOEE UTILITIES IN ACCORDANCE WITH CITY REGULATIONS AND IN ACCORDANCE WITH DEVELOPER' S AGREEMENT. . OR4357 PG4678 • 11 . THE DEVELOPER SHALL DEDICATE THE AREA NORTH AND WEST OF THE RETENTION POND (INCLUDING LAKE) AS SHOWN ON SHEET 2 OF FINAL MASTER PLAN TO THE CITY FOR USE AS A PARK. 12 . THE STORMWATER MANAGEMENT REQUIREMENTS FOR THIS PROJECT ARE . AS FOLLOWS : A. COMPLETE RETENTION OF THE RUNOFF FROM A 100 YEAR 24 HOUR STORM. B. THE POND SHALL BE DESIGNED TO EVACUATE FIFTY (50) PERCENT OF THE RETENTION VOLUME. WITH1 N A 96 HOUR TIME -- - - - -PERIOD. THE REMAINING FIFTY PERCENT WILL BE-EVACUATED - WITHIN AN AI)DTTIONAL 240 HOUR TIME PERIOD. ALL STORMWATER VOLUME IN EXCESS OF THE POLLUTION ABATEMENT VOLUME WILL' BE EVACUATED THROUGH A POSITIVE NON- FILTERING DISCHARGE STRUCTURE. 13 THE DEVELOPER SHALL CONTRIBUTE TO THE CITY ONE-QUARTER ( 1/4 ) OF THE COST OF SIGNALIZATION FOR THE INTERSECTION OF CLARK • - ROAD AND SILVER STAR ROAD AT THE TIME BUILDING PERMITS ARE ISSUED FOR THE COMMERCIAL TRACT. - -. 14 . A HOMEOWNERS ' ASSOCIATION SHALL BE CREATED TO MAINTAIN ALL WALLS , COMMON AREAS , AND LANDSCAPING. ALL DETENTION PONDS SHALL BE DEDICATED TO AND MAINTAINED BY THE CITY USING A SPECIAL TAXING DISTRICT AS ESTABLISHED BY THE CITY OF OCOEE. IMPROVEMENTS TO BE INSTALLED IN THE DETENTION AREAS TO AID MAINTENANCE WILL BE PER THE DEVELOPER' S AGREEMENT. 15 . ALL LOTS ABUTTING R-1-A ZONED PROPERTY ALONG THE WESTERLY PERIMETER OF THE DEVELOPMENT SHALL CONFORM TO STANDARD R-1-A ZONING REQUIREMENTS TO BUFFER THE PROJECT FROM SURROUNDING DEVELOPMENTS. 16. A FOUR (4 ' ) FOOT WIDE SIDEWALK ALONG SILVER GLEN BOULEVARD (THE ENTRY BOULEVARD) WILL. BE BUILT BY THE DEVELOPER. A FIVE (5 ' ) FOOT SIDEWALK ON THE NORTH SIDE OF SILVER STAR ROAD ABUTTING THE RESIDENTIAL SECTION OF THE PROPERTY WILL ALSO BE BUILT BY THE DEVELOPER. THE SIDEWALKABUTTING TIIE .COMMERCIAL PROPERTY W1LI. BE CONSTRUCTED IN CONJUNCTION WITH THE:_DEVELOPMENT OF THE COMMERCIAL PROPERTY . OR4357 PG4679 • 17 . SHOULD ANY IMPAC.' FEES BE ENACTED DURING THE DEVELOPMENT OF THE PROJECT INCLUDING, BUT NOT LIMITED TO, POLICE , FIRE, WATER, OR TRANSPORTATION , THE DEVELOPER OR SUBSEQUENT INDIVIDUAL BUILDERS SHALL PAY THE APPROPRIATE FEES ; HOWEVER, CREDIT WILL BE GIVEN BACK FOR ANY OFF-SITE IMPROVEMENTS REQUIRED UNDER THIS PRELIMINARY MASTER PLAN APPROVAL WHICH EXCEED THE PARAMETERS FOR ALLOCATION OF IMPACT FEE MONIES ATTRIBUTABLE TO PUBLIC IMPROVEMENTS PROVIDED BEYOND A PRORATA SHARE, BASET) UPON FORMULAE CONTAINED IN THE APPROPRIATE IMPACT FF.E ORDINANCES . 18 • ADOCOEEPSHALLPER' S ABE�'EXECUTEDEMENT TWEEN PRIORTHE DEVELOPER TO FINAL MASTERDPI.AN CITY OF APPROVAL. 19 . FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION HAS DETERMINED THE APPROXIMATE AREA SHOWN ON SHEET 2 TO BE ENVIRONMENTALLY SENSITIVE AREA. IF NO WORK 15 PERFORMED IN '111IS AREA NO DREDGE AND FILL PERMIT WILL BE REQUIRED. • 20 . THE ST. JOHN ' S RIVER WATER MANAGEMENT DISTRICT WILL REQUIRE -- --A MANAGEMENT• AND STORAGE OF- SURFACE- WATERS- PERMIT. . 21 . PROVISIONS WILL BE MADE AT THE TIME OF APPROVAL OF THE COMMERCIAL TRACT SITE FOR SCREENING _TILE ADJOINING RESIDENTIAL AREAS USING A SIX (6 ' ) FOOT MASONRY WALL. .2-2•7- THE DEVELOPER WILL COMPLY WITH THE GUIDELINES SET FORTH IN THE ARBOR ORDINANCE. 23 ; NO ALLOWANCE FOR STORMWATER EVACUATION FROM THE COMMERCIAL OUTPARCEL HAS BF.F.N PROVIDED THROUGH THIS PROJECT. HOWEVER, AN 18 INCH PIPE HAS BEEN STUBBED OUT TO PROVIDE FOR AN EMERGENCY OVERFLOW. 24 . LOCATION OF ENTRANCE FROM CLARK ROAD IS APPROXIMATE PER ORIGINAL APPROVAL. ' CITY COMMISSION HAS INDICATED A DESIRE TO MOVE ENTRANCE NORTHWARD. DEVELOPER WILL COORDINATE TIIE •FINAL LOCATION OF THE CLARK ROAD ENTRANCE WITH DOT, CITY STAFF, ANI) CITY 'S CONSULTING ENGINEER. REy7���,,��ED�� �y"�'�a REC RO'ERIFtED County Caa,PonllerL� Orange co..Ft oR4357 PG 4E8:0 • . • FOLEY & LARDNER 111 NORTH ORANGE AVENUE.SUITE 1800 POST OFFICE BOX 2193 ORLANDO. FLORIDA 32802-219'`J,,y r-^•;'^'^' '-_' .•• S 6"`•..'( �'' • '' ;IS;A MEMBER OF GLOBALEX JACKSONVILLE. FLORIDA TELEPHONE 14071 423.765 �-: ,.'•/•"'• ,• __-• e j WITH MEMBER OFFICES IN TALLAHASSEE. FLORIDA FACSIMILE 14071 648-1743 e -.,;' •,... ..,._ -----` • , TAMPA. FLORIDA , 1` LONDON. ENGLAND WEST PALM BEACH. FLORIDA :;�• • - 1 PARIS. FRANCE MILWAUKEE. WISCONSIN I; :�; •• j • a S i BERLIN. GERMANY MADISON. WISCONSIN y''•' _ ` S L w'I STUTTGART. GERMANY CHICAGO. ILLINOIS 2. ' DRESDEN. GERMANY WASHINGTON. D.C. ao.w. SINGAPORE ALEXANDRIA. VIRGINIA �,.... t� T �+^ TAIPEN TAIWAN ANNAPOLIS. MARYLAND L. % . OC:Y= ' MEMORANDUM TO: Bruce Behrens, Planning Director FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: November 13 , 1992 RE: Albertsons Shopping Center/Activity Center Requirements This memorandum is to confirm our telephone conversation • regarding the procedures applicable to the review of the development plans for the proposed Albertsons Shopping Center. The City is in receipt of a preliminary subdivision plan and has reviewed such plan based upon the applicable requirements for a C-2 zoning district. The developer has requested add- tibnal- - flexibility, specifically with respect to setback requirements. Generally, the Land Development Code does not have a procedure for granting special exceptions or waivers from the setback requirements in a C-2 zoning district. However, since the subject property is located in an area designated as an Activity Center the City has increased flexibility without the necessity of requiring that the property be rezoned to a PUD or other zoning classification. Section 5-3 .b(18) of the Land Development Code establishes Activity Centers and specifically designates the intersection of Clarke Road and Silver Star Road as an Activity Center. The Code provides as follows: "Traditional zoning categories will not be utilized for Activity Centers. Flexible setback allowances and increased floor area ratios are two mechanisms that will be considered within the Activity Center plans and such development will be processed as PUD' s. " (emphasis added) The Ocoee Comprehensive Plan also calls for Activity Centers and designates the intersection of Clarke Road and Silver Star Road as - T t{... 7ZA s,Y E A R SISI O U ,�, an Activity Center. In our opinion,..-the Ocoee„Comprehensive Plan as implemented by Section 5-3.B(18) of the. Land Development Code ..allows for the Albertsons Shopping Center project to be "processed as a PUD” without the necessity of a rezoning. The City should Took to the requirements applicable to planned commercial centers and C-2 zoning districts in order to determine the applicable development standards; however, waivers from the requirements of a planned commercial center and a C-2 zoning district may be granted in accordance with the procedures established for a Planned Unit Development. Accordingly, , the . Albertsons . Shopping Center - should : -be processed,.as; a planned commercial center under the procedures set forth in Section 4-5 of the Land Development Code notwithstanding its zoning classification within a C-2 zoning district. The developer must meet the requirements of Section 4-5 of the Land Development Code with respect to a land use plan, preliminary subdivision plan and final subdivision plan. Under these circumstances, the City may (but is not required to) allow the land use plan and the preliminary subdivision plan to be combined into a single submittal provided that all of the information required by Section 4-5 is provided to the City in connection therewith. The proposed plans would be subject to the provisions of Section 4-5.K and 4-5.M of the Ocoee Land Development Code; however, waivers may be requested from these provisions. If you require any further information, please do let me know. cc: Mr. Ellis Shapiro, City Manager David P. Barker, Esq. Igal Knobler, Esq. -2- ■ TRYCON Member of the International Council of Shopping Centers February 22 , 1993 :777-' - I. Mr. Bruce Behrens jl Director of Planning CITY OF �1t,vct City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 RE: Albertsons Shopping Center Ocoee, FL / Set-Back Deviation Request Dear Mr. Behrens: Per your request, please allow this letter to act as a clarification for the request to reduce the 50 foot set-back on Lot #1 adjacent to Clarke Road and Lot #3 adjacent to Silver Star -Road. The Clarke Road condition developed during the design of the off- site improvements for access into the project. A decel._lane_ and taper was required by the City and in order to accomplish- thati-=we must dedicate additional right-of-way to the City and purchase additional land and dedicate that to the City from the property to - the north along Clarke Road. By supplying the additional turn lane we have lost approximately 10 feet of land, and therein lies the reason for the request from 50 feet to 40 feet. With respect to Lot #3 , during our sit down with the City staff on Wednesday, January 27 , 1993 , it was agreed that the access to Lot #3 would be moved further north and that we would be allowed to push the building 10 feet closer to Silver Star Road to accommodate parking and circulation for that parcel 's use. It was our understanding at that meeting that between the City Engineer, Jim Shira and yourself, that this would be acceptable. I hope the explanation for the above deviation request is satisfactory to you, and if I can be of any further assistance, do not hesitate to contact me. Sincerely, (14%- if o cc: Frank J. Cannon, CS Associates - Don Flippen, Building Official Ron Henson, Design Service Group 2180 West State Road 434 •Suite 6184 -Longwood,Florida 32779•(407)774-5858•Fax(407)774-5918 .1111111111•1111s ( The Orlando Sentinel,Sunday,February 28,1993 NOTICE OF PUBLIC HEARING- CITY OF OCOEE NOTICE IS HEREBY GIVEN,that the and Zoning Comnilssion of the City d will hold a Public on Manch 9,1993 at Meir wirier vied meeting, and the Board of City Commissioners will hold a Public Hear- inrhgg on March 18,1993 at their regular scheduled meeting.Both meetings will be held at 7:30 p.m.,or as soon ther- eafter as possible. in the Community Center, located at 125 N. Lakeshore Drive, Ocoee, Florida to consider ap- p r ov ing - proving ALBERTSON'S SHOPPING CENTER, Land Use Plan/Preliminary Subdivision Plans. The legal description and site location is as follows:A 11.712 apes more or teas portion of Section 18,Township 22; Range 28 and being subject to any RigMof Way or Easements of Record..A lengthy dr is available for inspection at the Planning Department, 150 Nitrite. shore Drive,Ocoee,Florida.The site is located on the northwest corner of Sil- ver i-ver Star and Clarke Roads. Copies of the proposal may be Min): ined in the Planning Department of City Hal, between the hours of 8:00 am. and 5:00 p.m..Monday through Friday; or phone 6567489. Interested parties may appear at the hearings and be heard with respect to the proposel.Any person who desire to appeal any sion made during the publc� •may need a record of the and for this purpose will need to ensue that a verbatim record of the proceed. ing(s)is made which includes ther testi. mony ander upon which the ap- pealpeal - bGrafon,City Clerk Febniery OLS2o66038 Fs6.28119 Eoa- CF EWST. 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PER CITY RC COMMENTS TS � ' FLORIDA 32750 ;5HOPPING! CEXTER SUITE 1 Z/213193 RtJ PER C4TY COMMENVS EN D, 32779 NG �� e � � D ASI x (4 7) 774-5858 N-4 0 CO SITE PLANNING CONSULTING ENGINEER ALBERTSONS SHOPPING CENTER FLORIDA PRELIMINARY SUBDIVISION PLAN Approved by the City Commission of the City of Ocoee on March 16, I993 under Agenda Item No. V A • S. cott Vandergrift, apo Attest: Agenda 3-16-93 Cit Clerk Item V A Lm k� N \Tr P -P T\T� E -A 7 <� > �j T n cn S 4 U) n D m v > � -0 ;u O rn 0 4 a) v N z o 0 Lm k� N \Tr P -P T\T� E -A 7 <� > �j T n cn S 4 U) n D m v > � -0 ;u O rn 0 4 a) v N z rn z m rTn N � O 6 cm y r O n O X N O 00 d a m p = j N m A y Na 0 F 1 �s r•, �<< • 2A GRANT STREET LONGWOOD, FLORIDA 32750 (4 07) 331-3773 SITE PLANNING CONSULTING ENGINEERING ENVIRONMENTAL PERMITTING CLARK ROAD 100 ` RIW ES Y'< i 0 N ; A 0'" r) S -i �*^ £ M H H H H i rH4i"' r m N m AA� ON 0 r s. mm _I m r o0mi < A A O £ SSW He A rn m t R om om A� ►mi Dr C Nt- A rr O O 3 'n 3 m m Z (A O CC r -1 D m # -4 < o o co W H E n < 3.0 m 0o m< A< a (n N (n m G) 7 D Am Om AC x 'OA A G) A -t ® I. r Zie Nm Gr, wA Hm --4 m� N M Nr rr--rr i� v HN m om -4 r D H m m m m p c r o T D D 1 0O v z -Di O •n m ;K n A ID < m ib m S m m r D to m r m '" o r o m -A+ q m " a Z o o 3or � A °. 2D -+ m N -1 O O �-+ O N < r. � O A O E N O r •0 r m •- z (n m A D GOZ zi r m :y $ O D \ D O D r G) G1 A W "0" r � CENTER : PREPARED FOR: CS ASSOCIATES 2130 WEST SR 434 SUITE 6134 LONGWOOD, FLORIDA 32779 CO E' 9 FLORIDAI (40f) 774-5303 qw... m w m a a) -4A w � O cm y r X O / iCiN a m "0" r � CENTER : PREPARED FOR: CS ASSOCIATES 2130 WEST SR 434 SUITE 6134 LONGWOOD, FLORIDA 32779 CO E' 9 FLORIDAI (40f) 774-5303 qw... f h y � O f h O y O / iCiN � ZZ j `N A y .0, F 1 1 � y � D i z N n co_ r C 70 FA .Z'—aw3 �`n -gy m(Q(Q�%o o�20am ID o a cu ° '� co w 0 to a N N o 0 3 —m'�rm a0 0 0 0 0 0 C7crcrm -a Wm5E am -o (D mmmm_m�, 0o=wDo0 03 �m 0 w m m =Q m. 0o o Q3 0 �' m m o -a w o m D W (p fp Q .W« W Q ' �p - s ,y l , . < , _ �'< -%.a Q —1 opq N p Q IT a REVISION LANPL=7/16N orl on Ers- STEPHEN G. PATEGAS, ASLA � "� - F_E5 v k `LL I It)�lrl��� � �?,S( F—I 1655 BERKSHIRE AVENUE WINTER PARK, FL 32789 - 993. K R M IT PLANS (407)896-4477 dv Ste° Fl iCiN `N fi y Y.. .. ... r f • 3 r _t a 4 , s � { , �. X r x � -A REVISION LANPL=7/16N orl on Ers- STEPHEN G. PATEGAS, ASLA � "� - F_E5 v k `LL I It)�lrl��� � �?,S( F—I 1655 BERKSHIRE AVENUE WINTER PARK, FL 32789 - 993. K R M IT PLANS (407)896-4477 dv Ste° Fl