Loading...
HomeMy WebLinkAbout05-02-94 Lake Lotta Mall DRI & Lake Lotta Center DRI "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER O� Ocoee '. S.SCOTT VANDERGRIFT iK °il CITY OF OCOEE CO' O R • C RUSTY JOHNSON D. 150 N.LAIESHORE DRIVE PAUL W.FOSTER vO OCOEE FLORIDA 34761-2258 VERN COMBS `may r 4° (407)656-2322 JIM GLEASON 14 OF 0000 QTY MANAGER ELLIS SHAPIRO MFP-468 MEMORANDUM DATE: April 25 , 1994 TO: The Honorable Mayor and Board of Cit Commissioners FROM: Russ Wagner , Director of Planning SUBJ : Lake Lotta Mall DRI / Lake Lotta Center DRI The Lake Lotta Mall DRI and Lake Lotta Center DRI were originally submitted for review on September 8 , 1993 , and September 24 , 1993 respectively . During the interviewing period , the Applications for Development Approval (ADA's ) have been reviewed extensively by City staff , Orange County , the Regional Planning Commission and various State agencies as well as other interested organizations . Each project has been subject to an initial sufficiency review as well as a supplemental sufficiency review. During the course of the Regional review, both applicants have modified their respective projects to minimize traffic impacts during the first phase of construction. Based upon these changes , the proposed development program and phasing for each project is summarized as follows : LAKE LOTTA MALL 130 . 0 Acres II II I I DEVELOPMENT II it PHASE USE PROGRAM II Ill One (1997 ) ( Retail Mall II 1 , 100 ,000 GSF II II ( Peripheral Retail I 100 , 000 GSF I II Two ( 2000) IRetail Mall I 150 ,000 GSF II I I I II II ( Peripheral Retail 150 ,000 GSFII II II TOTAL ) RETAIL I 1 , 500 ,000 GSF II Lake Lotta Mall and Lake Lotta Center April 25 , 1994 Page 2 LAKE LOTTA CENTER II I ! DEVELOPMENT LAND I' II PHASE 1 USE I PROGRAM ACRES II One (1997 ) ! Residential 1360 Dwelling Units ! 33 . 20 Acres II II f 1 I II 1 1550 , 000 Gross ! 9 II Two ( 2000 ) IRetail Square Feet 49 . 63 Acres II II I Lake & Access ! I 24 . 32 Acres I! 1 I I II it I 1550 ,000 Gross ! I! II I ' Square Feet ! II II TOTAL I 360 Dwellina Units 107 . 15 Acres II As a result of the extensive review given to each project , including numerous supplemental technical meetings , the staff of the East Central Florida Regional Planning Commission (RPC) prepared reports with development condition recommendations which were considered initially on April 14 , 1994 by the RPC' s Project Review Committee (PRC) . The full RPC then met and approved the PRC recommendations at a meeting held on April 20 , 1994 . These adopted reports and recommendations are attached for your review and consideration for inclusion in the Final Development Orders to be issued by the City . The City may modify the RPC recommendations and add its own stipulations to the Development Order for each project based upon the actual development plans which are ultimately approved. As specified on the attached Reaulatory Schedule, there are numerous State Statutory requirements which must be followed as part of the DRI process . Additionally , a Comprehensive Plan Amendment will need to be submitted for each project (City Commission Public Hearings scheduled for May 26 , 1994) as well as a PUD Rezoning , Subdivision Plans and Site Plans . The Special DRI Public Hearing being conducted by the City Commission on May 2nd fulfills a statutory requirement which has enabled the Regional Planning Commission to issue its report in a timely manner thereby permitting the City to submit companion Comprehensive Plan Amendments to the State . Lake Lotta Mall and Lake Lotta Center April 25 , 1994 Page 3 For the purposes of this statutory requirement , the City Commission is required to hold a hearing for each project and receive whatever public input that is forthcoming ; however , no action is to be taken on either project and each Public Hearing is to be continued to a date to be determined. This subsequent meeting , which is anticipated to be scheduled in September , will be the time at which formal Public Hearings will be held on each DRI as well as each companion Comprehensive Plan Amendment . Additionally . Public Hearings on PUD Rezoning Applications may also be held at this meeting to permit comprehensive review and deliberation of each project . RW/emk 1.3 C-2\� .. 4 2 , i f ! -.� F. }} c, �2 i §� orb .i, ]1 MN k\ k1 a; 2 , _ ° 7} k 7} 7 2cc MIN J) §2MI g i ei• '3�1 —_ \.. � 7, f f= [ = = a 2.� / ,; 2 2ƒ .- ;ƒ■ ! 72 ce ■o d z § ;� . . } 111�ƒ ! _ f 4 ! �) 2 § , < ! - }} 2 �2) } } \ �§§ $ f a7_� o - ! 2 i . .41 Z 7 \J 4. a. J CC mƒ a ) �ƒ2 Q ku� } `0 i g ! . |3. / cc+ n - _ - .k ` ( !®!` 22M ;`}/ 7 N - ] CD , mm i 3) « t ■ }. aci% ( 4'/ .e k Ii If- (J 11 !- ` .. <%3. ■ f c )\ -&i ! } I. } �1) ■ �! a2 CI � ( }! � } } \ )sz • .1 , ui� flo f! ! } J2 CC !- ! G \! \ J § 1 ±$ l k% 2f- } I 212 zt ƒ% ¥ ! ¢ 74 2 3`. E & k7 a. ��m 7 • _2 c <! . 4.7;� E 2 . . 2 { as o O. . o I ca 2 ! _ _ C3 C °_ / �� V 1 / c as i _ ! 2 !c"- C ! G © au 2 .11 1k E . 2 . k 2 « J < ■ ! § > c a. iti • ? ) CC � 2 } £ & N . . ' EE E . n. a. / CO Cr U U U i Eases- " •� Air: �/orida " egivna/ /arming /L-nrrci/ 1011 Wymore Road+Suite 105+Winter Park,Florida 32789+Telephone Local: (407)623-1075 Telephone Suncom: 334-1075•FAX Local: (407)623-1084+FAX Suncom: 334-1084 •J ,-." April 21, 1994 j7 _ Mr. Russ Wagner Director, City of Ocoee Planning Department C 171 t Q s 3C0717: 150 North Lakeshore Drive Ocoee, FL 34761 RE: Lake Lotta Center Development of Regional Impact City of Ocoee Dear Mr. Wagner: Enclosed are the East Central Florida Regional Planning Council's final recommendations relative to the Lake Lotta Center development located within the City of Ocoee, as they were adopted on April 20, 1994. These recommendations should be considered an addendum to the report on this project sent to you earlier and supersede the preliminary recommendations in that report. Also enclosed is a model development order and the Lake Lotta Center recommendations on computer diskette for your convenience and additional copies of our report. We hope to continue our coordination with your staff through the completion of the review of this application. If we can provide any specific assistance, then please feel free to contact me. Since ly, ��• aro• Howling DRI / CPA / PUD REZONING ExeCuti e Director DISTRIBUTION LIST: AMD/dib ELL I S SHAPIRO PAUL ROSENTHAL MONTYE BEAMER RUSS WAGNER c: Commissioner Frankee Hellinger,ECFRPC Chair Mr.James Stansbury,Department of Community Affairs JIM SH I RA Mr.Thomas Cloud.Gray Harris&Robinson JANET RESN I K KEN HOOPER CHAIRMAN VICE CHAIRMAN SECRETARY-TREASURER EXECUTIVE DIRECTOR COMMISSIONER FRANKED S.HELLINGER F.ALEX FORD,JR.,ESQ. COMMISSIONER LARRY WHALEY MR.AARON M.DOWLING l\ CITY OF ORLANDO VOLUSIA COUNTY OSCEOLA COUNTY LAKE LOTTA CENTER As Adopted by the East Central Florida Regional Planning Council Dated 4/20/94 VI. RECOMMENDATIONS A. Introduction The Council's Regional Issues List (RIL), Comprehensive Regional Policy Plan (CRPP) and the precedent (P) established by earlier Council policy interpretations were used in the evaluation of this DRI proposal. Bracketed references at the end of each recommended condition are included to indicate a policy basis for the condition and utilize the abbreviations presented above. The criteria of subsection 380.06(12)(a), Florida Statutes, were used to define the scope of the review. Pursuant to this subsection, the application was reviewed to consider whether, and the extent to which: 1. The development will have a favorable or unfavorable impact on state or regional resources or facilities identified in the applicable state or regional plans. 2. The development will significantly impact adjacent jurisdictions. Paragraph (12)(a)2 of this subsection provides that, at the request of the appropriate local government,regional planning agencies may also review and comment upon issues that affect only the requesting local government. 3. The development will adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. B. Findings and Recommendations After balancing the identified regionally significant impacts associated with each of the criteria of s. 380.06(12)(a), Florida Statutes, and for the reasons presented in the preceding report, it is the recommendation of the East Central Florida Regional Planning Council that the Lake Lotta Center DRI Application for Development Approval may be approved if the following conditions are included in any approval given by the City of Ocoee. These minimum conditions are not intended to address issues of local significance or those related to the determination of whether any comprehensive plan amendment that has been proposed to accommodate the Lake Lotta Center development is in compliance with the State Comprehensive Plan or consistent with the City of Ocoee Comprehensive Policy Plan, but do address regional concerns associated with the development proposal. R-1 The project shall be developed in accordance with the information, data, plans and commitments contained in the Lake Lotta Center DRI/ADA unless otherwise directed by the conditions enumerated herein. For the purpose of this condition, the Application for Development Approval shall consist of the following items: (a) Lake Lotta Center DRI Application for Development Approval dated September, 1993; (b) First Request for Additional Information dated December, 1993; and (c) Second Request for Additional Information dated February, 1994. 1. The project shall be developed in accordance with the Master Development Plan, attached as Exhibit 1, and shall consist of no more than a total of the following uses: Total Acreage: 107.15 acres. .... >...3•;;:;+. .a:r,S .k..t tit3;; ,ti {: '\• :$>,r�...£-r.}:4w:.a �i}`.Y•vk` t;:•y.b`.x;<k: w�J:'::�ic•x`:-`4..,.v .}. ...4._� >:w;}:.\. h, h�ti•.. •w+ ''. '• '+n',+v.4x:x q:.\+.:}i i.::{�:..}:4.:i!2.+�:^.~YT}...:.,N v f•s�'• }}}h\•'`^`t:i.v :4:v-.~ 'vn A 'tiv '}`•' \}`dv +L:,'a5x.;. ti' • •:�%JfY,:••'...-....r..' ;€:: Nr;:ia•:+c.'}'.`:•._\.3. ;i'•�,,,••,:'.'`{,. .;:aE` ::c`;•.�1�7���7�'�'`�•, C:•: `#�`.):}3}:` }< ...........:..............................:.n.....:.,.:.}:.•}:.1+.:..A Y•::::}}}ti.}:;{•::::}i}C•.'.. h.:;v:\;:.}}ti;.k;.:N.:ti•}:.ti. :}}%4:.:•.v..>tii:•::::.+'C•'•:::..}isi•}ti lv\ti;;;tititihi'•}'\:\:\�'.::.{t Multi-Family Residential 360 DU --- 360 DU 550,000 GSF; 49.63 Ac; Retail --- 550,000 GSF 2750-3250 parking spaces The phase build outs will occur in 1997 and 2000 and project buildout will be in 2000. 2. The right to develop subject to the terms, general provisions and conditions of the development order shall terminate December 31, 2003. In the event the developer fails to demonstrate reliance on the development'order by having substantially proceeded with the development approved herein within five years of the effective date of the development order, then development approval shall terminate. The above time limitations may be extended on the City of Ocoee's finding of excusable delay, and no adverse impacts resulting from the delay, in any proposed development activity, consistent with the substantial deviation provisions of subsection 380.06(19), Florida Statutes. The termination of development rights granted by this development order shall not affect the continuing obligations of the developer nor the enforcement authority of the City of Ocoee or the Florida Department of Community Affairs. Even though the development order may terminate, the developer shall remain bound by the terms, general provisions and conditions of the development order as they may apply to development that had been initiated up to the time of termination. For the purpose of this condition, "substantially proceeded" shall mean that the developer shall have constructed or caused to be R-2 constructed improvements that can be expected to generate at least 113 total ADT (using the same calculations as the ADA) representing five percent of the first phase of Lake Lotta Center development. Archaeological Sites 3. Project construction personnel shall be notified, through posted advisories or other methods, of the potential for artifact discoveries on the site and to report suspected findings to the project manager. In the event of discovery of artifacts of historical or archaeological significance during project construction, the developer shall stop construction at the site of discovery and notify the City of Ocoee and the Division of Historic Resources of the Florida Department of State. From the date of notification, construction shall be suspended within a 100 foot radius of the site of discovery for a period of up to 120 days to allow evaluation of the site. [RIL: 29F-1.091(4)(e), FAC; CRPP: 29F-19.001, 61.1, 61.5, 61.9, FAC] Vegetation and Wildlife 4. Except as otherwise allowable by this development order, site development related activities shall not result in the harming, pursuit or harassment of wildlife species classified as endangered, threatened or a species of special concern by either the state or federal government in contravention of applicable state or federal laws. Should such species be determined to be residing on, or be otherwise significantly dependent upon the project site, the developer shall cease all activities which might negatively affect that individual or population and immediately notify the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife Service. Proper protection and habitat management, to the satisfaction of the above agencies, shall be provided by the developer. "Harming" and "harassment" as used in this recommendation shall be defined in the same manner as "harm" and "harass" respectively are defined in 50 CFR Section 17.3. [RIL: 29F-1.091(2)(f)FAC; CRPP: 29F- 19.001,44.1,44.2 FAC;P:Orange Lake Country Club East DRI #691-05] 5. Mitigation of gopher tortoise impacts shall be accomplished in a manner that is acceptable to the Florida Game and Fresh Water Fish Commission and consistent with their applicable guidelines, with the exception that on-site preservation shall not be an option. The final mitigation option shall be determined prior to approval of a final site development plan by the City of Ocoee. 6. Buffer yards of native transitional or upland vegetation, or both, averaging 50 feet wide and with a minimum width of 25 feet shall be retained around all on-site wetlands associated with the Lake Lotta lake. The buffer yards'shall be regarded as preservation R-3 areas and identified as separate parcels for the purpose of protecting their natural attributes. Developmental uses of these areas shall be restricted by conservation easement or fee simple transfer that is conveyed to the SJRWMD, City of Ocoee or a conservation oriented entity acceptable to the SJRWMD. Such easements or other transfers shall be accomplished and recorded in the public records of Orange County at the time that development occurs in any parcel that adjoins these preserved wetlands and their buffer yards. Except when recorded as part of a plat, notification and an exhibit depicting these areas shall be submitted to SJRWMD and ECFRPC at the time of recordation. [RIL: 29F-1.0091 (2)(b),(d) and (f), FAC; CRPP: 29F-19.001, 43.7, 43.13, FAC]. 7. All wetland buffer yards shall be delineated with temporary protection such as silt fencing or similar barriers prior to construction within adjacent parcels to allow these areas to be maintained with existing native vegetation. Use of these buffers shall be limited to docks, boardwalks, pervious trails and passive, natural systems-based recreation. Exotic vegetation may not be planted in these buffers, but may be removed if it is now established, or if it should become established within these areas. [RIL: 29F-1.0091 (2)(b),(d) and (f), FAC; CRPP: 29F-19.001, 43.8, 43.9, 43.12 FAC]. Public Facilities 8. To meet the nonpotable water use demands of the project, the development shall use, in order of priority: (a) all treated wastewater made available to the site and which meets state criteria for reuse, up to the entire nonpotable water demand; (b) treated stormwater, and (c) nonpotable quality groundwater, unless otherwise directed by the Florida Department of Environmental Protection, the St. Johns River Water Management District, or other jurisdictional regulatory agency. Potable water may be used for irrigation to the extent that lower quality water is not available to meet the entire irrigation need and its use otherwise complies with all applicable governmental regulations. [RIL: 29F-1.0091 (4)(c), FAC; CRPP: 29F-19.001, 37.6, FAC; P: Lucas Lakes DRI #690-06, Heathrow Town Center DRI #690-09] 9. Irrigation shall be performed in accordance with applicable Department of Environmental Protection and St. Johns River Water Management District Rules and Regulations. [CRPP: 29F-19.001; 38.3, FAC] R-4 10. The developer or its assigns shall establish and implement an inspection and maintenance program for all components of the surface water management system for the project site to assure that the components continue to operate at their design capacities for the life of the project. This program shall include, but not necessarily be limited to: • a. Stormwater facility operating inspections on a regular basis and following major rainfall events for the removal of excessive sediment, debris or other flow obstructions; b. Routine maintenance activities (e.g. mowing, trash removal, etc.); c. Ongoing educational programs for maintenance staff personnel regarding the correct usage of and application rates for fertilizers and chemicals (e.g.herbicides) within common areas that contribute runoff to the stormwater management facilities, the removal of noxious weeds and retention of desirable aquatic vegetation, and correct procedures for other maintenance/landscaping-related activities which have the potential for adversely affecting water quality conditions on the project site. [RIL: 29F-1.091 (2)(b), (4)(b) FAC; CRPP: 29F-19.001 38.7, 60.17 FAC; P: Vista Centre DRI#690-20]] 11. The developer shall ensure that if a property owners' or similar association is formed to assume drainage system operation and maintenance responsibilities, then this entity shall be created with defined duties and responsibilities regarding the operation and maintenance of the surface water management system and ground and surface water monitoring programs, and have sufficient legal authority and power to establish the mandatory collection of fees and/or assessments from all property owners for use in financing the operation, replacement and maintenance of these systems and programs. The developer shall provide acceptable documentation to the City of Ocoee and the St. Johns River Water Management District that this condition has been met at the time that such an entity is formed. [RIL: 29F-1.0091 (2)(b), (e), (g), (4)(b), FAC; CRPP: 29F-19.001, 38.7, 43.1, FAC; P: World Golf and Tennis DRI #690-12] Housing 12. The developer has demonstrated that there us an adequate housing supply to meet the demand for the very low and low income employee households for Phase I of the projects. A second supply inventory shall be conducted prior to the start of development beyond 1.2 million square feet of retail. The developer will estimate the demand for affordable housing based upon actual employees hired in the previous phase for the Lake Lotta Mall and the Lake Lotta Center projects together and estimated employees for the R-5 balance of the projects. The developer shall re-inventory the housing supply, using data that is more up-to-date and cost sensitive than the Census data. The developer shall use a methodology adopted by rule by DCA; if no such rule has been adopted, the developer shall use a housing methodology approved by the Department of Community Affairs, the • ECFRPC and the City of Ocoee Should future analysis show a need to mitigate the housing impacts of the projects, the developer must do one or more of the following within a ten mile or twenty minute commute of the project site (whichever is closer): a. Build affordable housing units; b. Buy down unaffordable housing units through donations or other mechanisms to make them affordable; or c. Rehabilitate vacant substandard housing units to create adequate affordable units. d. Any other alternative acceptable to the Department of Community Affairs, the East Central Florida Regional Planning Council and the City of Ocoee. The developer's proposed mitigation shall be included in the Development Order by amendment. All housing provided for mitigation must be available or guaranteed commitments made to assure that the needed housing will be available within three years of the time that the supply study has been completed. By the end of this three year period the developer shall report to the City of Ocoee, the ECFRPC, and the FDCA on the success of the plan and shall provide sufficient documentation to demonstrate this success. No non-residential development shall be permitted for either project beyond the three year period if this obligation has not been fully met. [RIL: 29F-1.0091(6),FAC; CRPP:29F-19.001, 19.1 and 19.8,FAC;Florida Hospital DRI #692-02] Transportation 13. Project Phasing: For the purpose of the transportation recommendations, the total Lake Lotta DRI (Lake Lotta Mall and Lake Lotta Center) shall be considered as one project A and divided into and limited to the following phases, based upon peak hour trip ends or total average daily trip ends (based upon the current ITE Trip Generation manual), whichever comes first. _. • R-6 Phase Total Peak Total Cumulative Daily Cumulative (Year) Hour Trip Ends Peak Hour Trip Trips Per Daily • Per Phase Ends Phase Trips 4,054 4,054 43,810 43,810 (1997) Ila 1,460 5,514 15,700 59,510 Ilb 1,460 6,974 15,700 75,210 Ilc 1,452 8,426 15,660 90,870 (2000) The numbers above include trips from both developments of regional impact, with the first phase representing the mall development of 1,100,000 square feet, 100,000 square feet of retail,and 360 multi-family dwelling units,only. The City of Ocoee may approve any or all development utilizing these phase trip levels, subject to the conditions within this development order. 14. Monitoring and Modeling Methodology: Prior to the initiation of each phase beyond Phase I as identified in the preceding paragraph, the developer shall conduct a monitoring/modeling program. Said program shall ascertain the LOS on facilities where the combined traffic from the Lake Lotta Mall DRI and the Lake Lotta Center DRI (hereinafter referred to as the Lake Lotta DRI for transportation related conditions) is estimated to contribute an amount of traffic greater than or equal to 10 percent of the LOS "C" service volume. The methodology of the monitoring/modeling program shall be agreed upon by the East Central Florida Regional Planning Council (ECFRPC), the City of Ocoee, Orange County, the Florida Department of Transportation, the Florida Department of Community Affairs and the Developer, with LYNX being included in an advisory role only. All studies and monitoring/modelling programs shall be consistent with the then current FDOT LOS rules, procedures and criteria. The depth of each monitoring and modelling effort shall be similar to that required within a DRI Application for Development Approval but shall be compatible with the requirements of the City of Ocoee's Concurrency Management System as it relates to facilities within the City of Ocoee. In the event that all parties cannot come to agreement on the methodology, the ECFRPC and the City of Ocoee shall be the final arbiters, with City of Ocoee's decision being final as it relates to City of Ocoee facilities and the ECFRPC's decision being final as it relates to all other facilities. The following list of facilities indicates those roadways within the study area which were analyzed for full buildout of the Lake Lotta DRI. The facilities to be monitored/modeled for the next phase may include, but shall not be limited to, those segments of the regional roadways within the attached list and one segment beyond where the Lake Lotta DRI is estimated to contribute a cumulative amount of traffic greater than or equal to ten percent of the LOS "C" service volume, based on the modeling of the buildout of the subsequent phase. The analyzed facilities will include signalized intersections and link analyses of R-7 • collector and higher classified roadways and interchange ramps. The ECFRPC, FDOT, Orange County or City of Ocoee shall have the right to make reasonable requests for additional information from the Developer to verify adherence to • these provisions. The developer shall supply adequate information toward compliance with these requirements. Candidate Roadways for Monitoring/Modeling Study o CR 535 from Tilden to SR 50 o Maguire Road from Roberson to SR 50 o Bluford Avenue (SR 439) from SR 50 to Silver Star Road o Clarke Road from SR 50 to Clarcona-Ocoee Road o Apopka Vineland Road from Conroy Windermere-Gotha Road to Old Winter Garden Road o Apopka Vineland Road from Silver Star Road to Clarcona-Ocoee Road o Good Homes Road from Old Winter Garden Road to Silver Star Road o Hiawassee Road from Conroy-Windermere Road to Silver Star Road o Old Winter Garden Road from Kirkman Road to SR 50 o East-West Expressway from Kirkman Road to Florida's Turnpike o Colonial Drive from John Young Parkway to CR 455 o Balboa Drive from Powers Drive to Good Homes Road o Geneva Street from Bluford to Kissimmee Avenue o Story Road from Kissimmee Avenue to West Plant Street o White Road from Good Homes Road to Bluford Avenue o Silver Star Road (SR 438) from Powers Drive to Ocoee-Apopka Road o A.D. Mims Road from Apopka-Vineland Road to Clarcona-Ocoee Road In the event that a roadway widening is identified which is not compatible with adopted policy of the FDOT or local government (constrained), the applicant, City of Ocoee, the East Central Florida Regional Planning Council and the party having either maintenance or jurisdictional responsibility for the facility shall jointly determine alternate mitigation solutions to provide for the movement of people. 15. Monitoring and Modeling Results (a) The Lake Lotta DRI shall not commence beyond Phase I (an equivalent of 4,054 total peak hour trip ends or 43,810 total daily trips) into Phase Ha or any subsequent phase as identified above when service levels are below the minimum service level adopted in the applicable local government's comprehensive plan for that specific roadway during the peak hour and the project contributes, or is projected to contribute with the next phase of traffic, ten percent or greater to the LOS "C" service volume of the roadway or intersection as determined by the monitoring program required in the preceding recommendation, unless mitigation measures and/or improvements are secured and committed for completion during the phase in which the impacts occur. R-8 (b) Prior to the commencement of each phase beyond Phase I, this list of committed roadway improvements must be identified. These improvements shall occur by the required threshold in order for the project to proceed through the balance of the phase. If the Developer can demonstrate that a portion of a phase or subphase does not adversely • affect the Regional Roadway network as determined by the monitoring and modeling tests discussed above, then the Developer may proceed with that portion of the phase(and only that portion). It is the intent of this condition to ensure that this development order is consistent with the provisions of Chapter 380.06 (15)(e)(1)and 380.06(15)(e)(2). Further, this condition is intended to avoid the conflict of simultaneously applying the differing standards of the aforesaid 10% rule and the City's concurrency management systems. Should the provisions of this development order give direction that prevents compliance with the City of Ocoee Concurrency Management regulations as amended, then the concurrency regulations will govern on non-state roadways. (c) To aid in assessing the project's potential for impacting facilities,DRI annual reports shall include documentation that the applicable level of service requirements are being met. Such documentation shall include current roadway LOS (may be obtained from latest CMS data of applicable local government), project traffic contributed to the roadway facility (based on latest modelling/monitoring effort) and other appropriate information. [RIL: 29F-1.091 (5)(a)(c)(e)(g),FAC; CRPP: 29F-19.001, 64.2, 64.28,FAC, P: Avalon DRI # 691-01] 16. Toward the achievement of the objectives in the two preceding recommendations, an agreement(s) among the City of Ocoee, Orange County, and the developer shall be entered into within twelve months of the initiation of site development. Said agreement(s) shall address and clarify such issues related to equity in the application of fees for transportation improvements. Said fees shall be based on a fair-share basis with respect to the improvements to be provided and not solely on the basis of impact fees. However, such an agreement would not alter or waive the provisions and requirements of the other recommendations of the Development Order as a mitigative measure for the transportation impacts of the Lake Lotta DRI. In the event that one of the designated parties to the agreement (other than the applicant) fails to execute said interlocal agreement(s) within the specified time, then the developer may proceed with the project based upon the monitoring/modelling schedule and all other recommendations specified herein as it affects the non-participating party. Separate agreements may be entered into with one or more parties and the applicant. [RIL: 29F-1.091 (5)(h), FAC, CRPP: 29F-19.001, 64.2, 64.10, 65.1, 65.5, FAC, P: Southchase DRI #686-15] 17. Mitigation: The following improvements are those either assumed to be in place(because they are already funded) or are necessary as a result of this project's and background traffic and the project contributes 10% or greater to the design service volume of the R-9 facility. Those programmed improvements must be complete and operational by the end of 1995, as assumed in the analysis. Those not programmed shall be operational at the time or ADT level specified; Phase I requirements Intersections o Hiawassee and SR 50 shall be improved by adding northbound and southbound exclusive right-turn lanes prior to issuance of certificates of occupancy; Roadways o Clarke Road must be two-laned from A.D. Mims Road to Clarcona-Ocoee Road prior to certificates of occupancy being issued for the mall development. Phase II requirements; Roadways o Clarke Road must be six laned from SR 50 to White Road. o Old Winter Garden Road must be 4 laned from Hiawassee Road to Good Homes Road. o Colonial Drive must be 6 laned from Kirkman Road to Old Winter Garden Road. o Silver Star Road must be 4 laned from Hiawassee Road to Clarke Road. Intersections o Old Winter Garden Road and Hiawassee Road: add northbound right turn lane. o Old Winter Garden Road and Good Homes Road; Signalize and add eastbound and southbound left turn lanes, add westbound right turn lane. o SR 50 and Pine Hills Road; Add northbound right turn lane, add eastbound left turn lane. o SR 50 and Kirkman Road; add southbound left turn lane, add westbound and eastbound through lanes. o SR 50 and Hiawassee Road; add northbound, southbound and eastbound right tum lanes. o SR 50 and Clarke Road; add southbound left turn lane and northbound and southbound through lanes. The necessity for construction of these facilities prior to the project's generation of the referenced number of trips shall be subject to the results of monitoring and modeling studies conducted pursuant to the other terms of this Development Order. The burden of proof is upon the Developer to show that any particular improvement listed above is not R-10 required or may be delayed. The final decision rests with the Florida Department of Transportation on state facilities, the City of Ocoee on all roadways within Ocoee and the East Central Florida Regional Planning Council for all other roadways. In the event a monitoring and modelling study determines that different roadway improvements are required (including roadway segment, type of improvement and timing) other than those in the aforementioned list, this Development Order shall be amended pursuant to the provisions of Subsection 380.06(19), Florida Statutes, to reflect the required revision. 18. Committed Improvements: a) If the local comprehensive plan is in compliance with Chapter 163, Part II, F.S., and the plan includes a transportation concurrency management system that recognizes improvements scheduled within the first three years of the capital improvements schedule (pursuant to Rule (J-5.0055(2)(c), FAC), then those improvements may be counted as committed. If the local comprehensive plan is not in compliance, or does not include a transportation concurrency management system that recognizes improvements scheduled within the first three years of the capital improvements schedule,then only improvements scheduled for construction within the first three years of the current FDOT improvement program or within the first year of the local work program may be counted as committed. b) Committed improvements may also include (i) a binding financially secured and irrevocable commitment by the Developer or other applicable persons or entities for the design,engineering and actual construction of the necessary improvements (with the posting of a cash bond, surety bond, irrevocable letter of credit or other security in a form satisfactory to the City of Ocoee), which requires construction to occur during the applicable phase and must be in accordance with the requirements of applicable law, and must otherwise comply with the requirements of the City of Ocoee Comprehensive Policy Plan, or (ii) any alternative agreed upon by the City of Ocoee, the ECFRPC, the Florida Department of Community Affairs and the Developer and incorporated into the Development Order by amendment. [RIL: 29F-1.091 (5)(f)(i) FAC, CRPP: 29F-19.001, 63.11, 64.3, 64.9, 64.11, FAC, P: Schrimsher DRI # 692.01]. 19. In the event that the monitoring/modelling results as set forth in Paragraphs 14 and 15 hereof show that improvements must be made to state roads and if mitigation is not provided as set forth in Paragraphs 17 and 18, then prior to any construction of any of the subphases of Phase II and subject to the provisions of Florida Statutes, Section 380.06(15)(e), the developer, the City of Ocoee and the Florida Department of Transportation shall enter into an agreement which ensures that a proportionate share payment is made to the FDOT for project impacts to SR 50 (West Colonial Drive) from Hiawassee Road to Old Winter Garden Road and for impacts to SR 438 (Silver Star Road) from Hiawassee Road to Clarke Road. The geographical limits subject to this R-11 condition may be decreased if the FDOT determines that the levels of service will be acceptable. The calculations shall consider the project's impacts from the date of issuance of certificates for occupancy of the mall through Phase II buildout. Determination of the proportionate shall use the following proportionate share contribution formula: DRI Trips X Cost S V Increase For this formula, DRI Trips is the cumulative number of the trips from the development expected to reach the roadway during the peak hour from the complete Phase II buildout; SV Increase is the change in peak hour maximum servicevolume of the roadway resulting from construction of the improvement necessary to maintain the desired level of service; and, Cost is the cost of construction, at the time of developer payment, of an improvement necessary to maintain the desired level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition,planning, engineering, inspection, and other associated physical development costs directly required andassociated with the construction of the improvement, as determined by the governmental agency having maintenance authority over the roadway. The development order must be amended pursuant to Section 380.06(19), F.S. to include this agreement. The monitoring and modelling required after Phase I and prior to Phase II shall be used to verify impacts from Phase I and to more accurately estimate probable impacts from Phase II. If necessary, the fair share amount will be adjusted to reflect actual impacts from Phase I and the more accurate information which will result from the Phase II estimates. If it is verified the roadway improvements listed above are still needed, then the project shall not proceed into Phase II until payment is made and said improvements are scheduled for construction in the FDOT work program within the first three years from when the impacts are estimated to be significant and adverse. If the parties cannot reach agreement independently by that time, or if so desired by the parties at any time prior to that, then the issues in dispute shall be submitted to the East Central Florida Regional Planning Council for mediation pursuant to its adopted Dispute Resolution Process. The solutions recommended as a result of this process shall be implemented and the development order amended pursuant to Section 380.06(19), F.S. to include these solutions. This agreement shall apply only to the facilities listed within this condition and shall be consistent with the provisions of the East Central Florida Regional Planning Council Rule 29F-3.11(3)(g) FAC and Florida Statutes 380.06(15)(e). [REL: 29F-1.091(5)(e)(f)(h); CRPP: 29F-19.001, 64.1, 64.8, FAC] R-12 20. As a part of the monitoring and modelling effort which is required prior to Phase IIb, special emphasis shall be placed on the need for grade separation at the intersection of SR 50 with Clarke Road and the East-West Expressway, based upon the conditions at project buildout. 21. In each DRI annual report, the Developer agrees that it shall report all information required in F.A.C. Rule 91-2.025. In addition, the annual report shall include the cumulative external traffic being generated by the project, either by actual count or through utilization of the most current edition of the Institute of Transportation Engineer's Trip Generation manual and development occupancy data. The chosen method shall be used consistently through the life of the project. [CRPP: 29F-19.001, 64.2, 64.28, FAC, P: Avalon DRI # 691-011 22. In the interest of safety, and to promote alternative forms of transportation, the Developer shall provide a safe system for cyclist and pedestrian circulation on site. Comfortable and direct walkways and bikeways shall be constructed between the mall,peripheral retail and the planned residential development of Lake Lotta Center with consideration given toward the security of residential areas. Bikeways shall be connected at project entrances with external bicycle systems and will be provided in accordance with the current City of Ocoee or County standards at the time of implementation. Appropriate signage identifying bike routes will be installed. The provision of showers and lockers for employees is strongly encouraged at places of employment. The Developer shall actively pursue the provision of a bicycle connection from the mall to the West Orange Trail along Clarke Road, in collaboration with the city. The Developer shall consult with the ECFRPC'S or County bicycle coordinator and the City of Ocoee Engineer regarding the provisions for pedestrian and bicycle facilities. [RIL: 29F-1.091 (5)(f)(i) FAC; CRPP: 29F-19.001, 63.3, FAC, P: Celebration DRI # 691-13]. 23. The developer shall make known to tenants and residents that the Lake Lotta DRI is served by an existing ridesharing program operated by Lynx. Transit and current ridesharing information shall be prominently displayed in all public gathering areas, in employment centers, and in commercial center areas. The Lake Lotta DRI shall require that, upon opening of the mall, a part time ridesharing coordinator is hired and funded for the life of this development order. The ridesharing coordinator is responsible for coordinating with the area transit provider, conducting ridesharing campaigns within the project, publicity, processing applications, distributing information (including transit information), etc. When the number of on-site residents who work,in combination with the number of employment levels on site within the DRI reach the 4,000 level, this rideshare coordinator shall be a full time position and may be incorporated into the functions of any Transportation Management Association (TMA) if one exists which R-13 services the Lake Lotta area. [RIL:29F-0091 (5)(f)(i)(k) FAC, CRPP: 29F-19.001, 63.1, 63.2, 63.4, 63.8, 63.11, 64.3, 64.9 FAC, P: Schrimsher DRI #692-01]. . 24. Transit passenger shelters and transit parking bays shall be constructed where necessary to augment and facilitate the operations of off-site transit facilities. The applicant shall work with LYNX on the design of bus facilities and amenities, including bus stops, to be located within the project boundaries. The following transit provisions shall be considered, in consultation with LYNX: * Access and internal collector and arterial road geometrics shall accommodate a 96" wide by forty (40) feet long advance design coach. * The developer shall provide shelters and pull-out bays along the on-site transit mute. Shelter locations shall be reasonably accessible via wallcways/crosswalks for pedestrian movement to and from buildings and meet all regulations required under the Americans with Disabilities Act of 1990 (as it may be amended from time to time). * Appropriate signage and sufficient area lighting will be required at all bus stops and shelter locations. * Transit schedule and information displays will be provided, at a minimum, at each on-site bus stop. * Maintenance of transit amenities shall be the responsibility of the property owner's association or other Lake Lotta DRI based organization. * Details, standards and phasing of all transit amenity provisions must be approved by LYNX. * Pedestrian movement between bus stops shall not exceed 1300 feet. * Shuttle service within the project should develop an operating plan to coordinate with the LYNX regional network, as applicable. If additional property is necessary for bus stops beyond that which can be accommodated within the existing right-of-way, then this land shall be provided by the applicant. [RIL:29F-0091 (5)(f)(i)(k) FAC, CRPP: 29F-19.001, 63.1, 63.2, 63.4, 63.8, 63.11, 64.3, 64.9 FAC, P: Schrimsher DRI #692-01]. 25. In order to provide safe access and to preserve operational capacity, left and right turn deceleration lanes shall be constructed at all project entrances along SR 50, Clarke Road, White Road and Good Homes Road (should access be approved by Orange County). Access to all roadways shall be limited to the greatest extent possible. [R L: 29F-1.091 (5)(j), FAC, CRPP: 29F-19.001, 64.5, FAC, P: DLI Properties DRI #689-02] • R-14 I 26. In order to facilitate movement within the site, minimize traffic on the regional roadway network and to encourage sharing of access points to the regional roadway network, the . applicant shall: i. allow connections between adjacent projects where land use compatibility allows, and; ii. share and combine driveways and create internal circulation systems to limit congestion along regional roadways. 27. The Developer shall become an active and financially supportive member of any Transportation Management Association (TMA) which services this area. Mandatory membership by all non-residential entities within Lake Lotta shall be required through enforceable covenants or other similar mechanisms. . Either through the TMA or individually, Lake Lotta DRI shall provide or require of tenants the following: a. Preferential parking will be provided by employers to their employees who participate in rideshare programs. b. Promote and encourage variable work hours and flextime participation by on-site employers. c. Make known to tenants and residents that the Lake Lotta area is served by an existing ridesharing program operated by Lynx. Future transit (when available) and current ridesharing information shall be prominently displayed in all public gathering areas, in employment centers and in commercial center areas. d. Provide incentives, if necessary, to encourage the establishment of day care facilities within Lake Lotta . [RIL:29F-0091 (5)(f)(i)(k) FAC, CRPP: 29F-19.001, 63.1, 63.2, 63.4, 63.8, 63.11, 64.3, 64.9 FAC, P: Schrimsher DRI #692-01]. 28. The developer shall commit to a definite, but non-binding, percentage goal toward the reduction in vehicle trips through the promotion of walking, bicycling, ridesharing and transit usage. This shall be encouraged by the Developer through incentives to tenants and land owners within the project. The percentage reduction goals shall be as follows: Lake Lotta DRI Overall Peak Hour Phase Traffic Reduction Goal I 5.0% of peak hour volume IIb 10.0% of peak hour volume IId 15.0% of peak hour volume • R-15 Within the context of the annual monitoring report, the developer shall pres* t ap evaluation of the state of the alternate transportation systems serving the Dlrsite. Progress shall be compared to the goals and requirements stated above. Progress for the reporting year shall be documented to include ridership levels, transit route changes, alterations or additions, ridesharing participation, transit amenity construction, park-and- ride lot sites and other efforts which facilitate movement into and around the DRI site by means other than the single occupant vehicle. [RIL: 29F-1.091 (5)(f)(i)(k), FAC, CRPP: 29F-19.001, 63.1, 63.2, 63.4, 63.8, 63.11, 64.3, 64.9, FAC, P: Schrimsher DRI 692-10]. R-16 I PLEASE BRING BLUE BOOKS PREVIOUSLY DISTRIBUTED TO YOU: Lake Lotta Mall, DRI #694-04 April, 1994 and Lake Lotta Center, DRI #694-05 April, 1994 PLEASE BRING BLUE BOOKS PREVIOUSLY DISTRIBUTED TO YOU: Lake Lotta Mall, DRI #694-04 April, 1994 and Lake Lotta Center, DRI #694-05 April, 1994