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HomeMy WebLinkAboutItem VII (C) Report on State Road 50 BJ's Site , Amendment to Access Management Plan Agenda 09-07-04 Sipe Center of Good Li Item VII.C. • CITY OF OCOEE AGENDA ITEM COVER SHEET Date: August 31, 2004 Meeting Date: September 7, 2004 Subject: SR 50-B.J.'s Site Amendment to Access Management Plan Issue: Should the Mayor and City Commissioners direct Staff to prepare an Ordinance amending the SR 50 Access Management Plan? Recommendation: Staff recommends that the Mayor and City Commissioners direct Staff to prepare an Ordinance to amend the SR 50 Access Management Plan as contained in the Ocoee Land Development Code to move the full access point from Consumer Court to Economic Court, subject to the developer 1.) providing Staff with a letter requesting said Amendment to the LDC, and 2.) assuming all costs for all attorney and advertising expenses associated with Ordinance preparation, meetings, and public hearings. Background Summary: The Developer of the B.J.'s site on SR 50 has been attempting to have the across access point at Consumer Court moved to Economic Court. Staff was directed to coordinate with FDOT on the issue and report back to the City Commission. Fiscal Impacts: Unknown Commission Action: Reviewed by City Manager Mans er /�;��J'� Reviewed by City Attorney /N/A ' Reviewed by Finance ✓N/A&V"-- Reviewed by ,S,Qe Center of Good L jv Mayor Commissioners S. Scott Vandergrift wer. Danny Howell, District 1 Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT DATE: August 31,2004 TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Community Development Director SUBJECT: SR 50—B.J.'s Site Amendment to Access Management Plan ISSUE: Should the Mayor and City Commissioners direct Staff to prepare an Ordinance amending the SR 50 Access Management Plan? BACKGROUND: The Developer of the B.J.'s site on SR 50 has been attempting to have the approved access point at Consumer Court moved to Economic Court. Staff was directed to coordinate with FDOT on the issue and report back to the City Commission. DISCUSSION: On August 26, 2004, Staff met with the developer of the B.J.'s site, the Towne Square Shopping Center representative, and Fred Ferrell of FDOT. The City was informed that FDOT had already directed its consultants to redesign the six—lane widening plans for SR 50 to move the access point to Economic Court regardless of prior plans by the City to the contrary. At the same time, they would provide a directional left turn lane into the Towne Square Shopping Center at the existing McDonald's entrance. The representative from Towne Square Shopping Center stated that the approach was fine with them. Staff questioned Mr. Ferrell on whether a technical analysis had been done on this change and how it would functionally work to have back-to-back left turn lanes serving two access points that were only 450 feet apart. He said that FDOT changes access points all the time without any analysis, and that the only way the turn lanes could function was if two parallel left turn lanes were constructed. He said that FDOT would not be putting in such an improvement until SR 50 was widened in five to six years. The City Attorney requested that Scott Glass, the developer's attorney, furnish a letter on behalf of the developer formally requesting that this Amendment be prepared and brought before the City Commission, since Staff had no technical basis on which to move it forward, and since FDOT had already made the decision to move it without City input. Mr. Glass has indicated that the developer will be present to provide a presentation or answer questions related to the proposed intersection and access modification request. August 31, 2004 The Honorable Mayor and City Commissioners Page 3 of 3 STAFF RECOMMENDATION: Staff recommends that the Mayor and City Commissioners direct Staff to prepare an Ordinance to amend the SR 50 Access Management Plan as contained in the Ocoee Land Development Code to move the full access point from Consumer Court to Economic Court, subject to the developer 1.) providing Staff with a letter requesting said Amendment to the LDC, and 2.) assuming all costs for all attorney and advertising expenses associated with Ordinance preparation, meetings, and public hearings. O:\Staff Reports120041SR04058 CC.doc SH TTS BO EN LLP ATTORNEYS AND COUNSELLORS AT LAW SCOTT A.GLASS E-MAIL ADDRESS: (407)835-6964 Direct Telephone sglass@shutts-law.com (407)849-7264 Direct Facsimile August 27, 2004 Mr. Robert Frank City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Re: Request to be placed on Sept. 7, 2004 Agenda Dear Mr. Frank: I wish to thank you, once again, for taking time yesterday to meet with the Regional Development Group team, Fred Ferrell, P.E., of the Florida Department of Transportation, and Mr. Jim•Bartoe of TSSC, LLC, the owners of Towne Square Shopping Center. I believe you now have a much better understanding of the proposed Regional Development Group Project and the time constraints we are under. Per your advice, the purpose of this letter is to request that the issue of a potential modification, by ordinance, of the City's State Road 50 Access Management Plan be placed on the City Commission's September 7, 2004 Agenda for discussion. It is our hope that the Commission will listen to our presentation, which will essentially be the same presentation I made yesterday, and then direct staff to prepare an appropriate ordinance. I understand, and acknowledge, that such an ordinance would be subject to the standard ordinance adoption process, including advertising and public hearings. As we discussed, my client needs to find out if the City Commission is likely to support, or oppose, the relocation of the so-called "Loop Road" access point to the western edge of our property. With this information in hand we will be able to determine if it makes sense to continue with the acquisition of necessary right of way and with the project as a whole. Please note that I have called Mr. Rosenthal and am waiting to hear from him with regard to the other procedural aspects of this project. However, I believe we are all in agreement that appearing before the Commission on the 7th would be an appropriate next step. 300 SOUTH ORANGE AVENUE,SUITE 1000 • P.O.BOX 4956 • ORLANDO,FLORIDA 32802-4956 • TELEPHONE:(407)423-3200 • FAX:(407)425-8316 • www.shutts-law.corn MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM T nnrnnnr Mr. Robert Frank August 27, 2004 Page 2 Again, thank you for taking the time to meet with us. I look forward to working with you in regard to this and other clients' matters involving the City of Ocoee. Sincerely, Scott A. Glass cc: Mr. Don Huber Mr. Jim Fox Turgut Dervish, P.E. Phillip Hollis, P.E.