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VII (C) Kane's Furniture at Ocoee Final Site Plan Project #LS 2000-011 Agenda 8-20-2002 e veneer of Good C!p Item V II t M1lavor b �] ('Ipnmissioner:s S.Scott Vandergrift �,,. . .t® Danny Ilowell, District �`° if, Scott Anderson, District 2 City Manic; CO � Rust Johnson, District 3 Jim Gleason 1� ' V.. '�� Nancy 7 Parker, District 4 m STAFF REPORT DATE: August 14, 2002 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, AICP, Principal Planner (+P"1.---/ THROUGH: Russ Wagner, AICP, Director of Planning ,11, {Y.� SUBJECT: Kane's Furniture at Ocoee Final Site Plan Project# LS-2000-011 ISSUE: Should the Mayor and City Commissioners approve the Final Site Plan for the Kane's Furniture at Ocoee? BACKGROUND: The Kane's Furniture at Ocoee will be a retail store with a total of 60,000 square feet, located on the north side of SR 50, just west of the intersection of Clarke Road and SR 50. The subject property is currently undeveloped and is Lot 5 of Goodman Centre, a commercial subdivision that is also currently under review. The surrounding property is also currently undeveloped and has C-2 zoning (west — wetlands; north — undeveloped) and P-S zoning (east — undeveloped). The western edge of the subject property abuts a large wetland area, part of which will be dedicated to the City as part of the Goodman Centre subdivision. The Preliminary Site Plan for Kane's Furniture at Ocoee was approved last December. DISCUSSION: As shown in the Final Site Plan, the Kane's Furniture site will have frontage on SR 50 with access from a private road running along the east side of the site from SR 50 to the northern edge of the site. At that point, the private road provides a connection to other future commercial development in Goodman Centre. The private road will also provide access to future commercial development on the adjacent property to the east. An interesting feature of the site plan is a small water feature with a fountain, located on SR 50 at the southeast corner of the site. In order to construct this large building and its associated parking areas, there will need to be a significant amount of grading on the site. Because of the fill that will be needed for this site, a retaining wall will be constructed along most of the southern and western edges of the lot. The foundation of building itself will function as a portion of that retaining wall. Most of the existing trees on the site will be removed, but the site plan has incorporated some of the existing trees into landscape islands within the parking areas. City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761 phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us August 14, 2002 Honorable Mayor and City Commissioners Page 2 At the rear of the site, a large retention pond will be constructed along with the subdivision improvements. That pond will provide storm water treatment for a portion of the internal road and for Lot 5, as well as for this site. Due to site constraints, the retention pond will have essentially vertical sides constructed with decorative blocks, like the ponds constructed with the West Oaks Town Center at the northeast corner of SR 50 and Clarke Road. Because of the steep sides on the pond, there will be a decorative fence and landscaping along the rim of the pond. Previously Approved Waivers: The approved Preliminary Site Plan for Kane's included two waivers from Code requirements, one related to the building setback on the west side and the other related to the parking requirement. The parking requirement waiver was requested because the developer feels that the very low parking demand of a furniture store does not justify building so many parking spaces that will never be used. The parking waiver was approved, subject to providing a Restrictive Covenant (described below) that would require the property to be used only as a furniture store. Declaration of Restrictive Covenant: Based on the size of the proposed building, the Code would require that a minimum of 360 parking spaces be provided on the site. However, the applicant has demonstrated that 360 spaces are not needed for this type of furniture store. The applicant has proposed to include 75 parking spaces (at least 4 of which will be handicap spaces). Based on the analysis provided by the applicant, 75 spaces should be adequate for this building, as long as the use remains a furniture store. Consistent with the requested waiver, the applicant will execute a Declaration of Restrictive Covenant that would restrict the property from being used for anything except a furniture store. This use restriction would expire upon the earlier of: 1) fifty (50) years from the date of the Declaration; 2) the date the building is demolished or removed; or 3) additional parking is provided to meet the then existing Code requirements. The Declaration of Restrictive Covenant document will be executed prior to City Commission action on the FSP and will be recorded in the Public Records by the City immediately following City Commission approval of the FSP. Proposed New Waivers: Two additional waivers are being requested with the Final Site Plan. The first new waiver is related to the requirement to provide sidewalks along adjacent public streets. The Plan does not show a sidewalk being built along SR 50 due to severe grading problems, a large existing ditch and future road widening problems. The second new waiver is related to wall signage. The request is to allow a 150 square foot sign, that would normally be allowed on the east side of the building, to be placed on the west side of the building instead. Both of these new proposed waivers are supported by the Planning Department. Development Review Committee Discussion: The Final Site Plan (FSP) for Kane's Furniture at Ocoee was reviewed by the Development Review Committee (DRC) on August 8, 2002. The presentation included a staff report with attached memos from the City Attorney and the Planning Department, with a recommendation to approve the FSP subject to satisfactorily addressing all of the outstanding issues listed in those memos (copies attached). There was discussion during the DRC meeting to clarify a few issues. August 14,2002 Honorable Mayor and City Commissioners Page 3 The Committee voted unanimously to recommend approval of the Final Site Plan, including the two additional requested waivers, subject to making the necessary revisions listed in the attached memos, with the following additional changes: • A modification to the wording in Planning Department comment # 1 in the attached memo to state that the Declaration of Restrictive Covenant needs to be provided prior to the City Commission meeting, instead of the DRC meeting. • A modification to Section 3 of the Declaration of Restrictive Covenant document to state that there will be no less than 75 parking spaces (including at least 4 handicap spaces), instead of 77 parking spaces. (Note: The attached revised memo from Scott Cookson dated August 14, 2002, includes an attachment that incorporates the revision recommended by the DRC.) All of the Plan revisions must be made prior to the pre-construction meeting. Note: The plans that were considered by the DRC were date stamped received by the City on July 25, 2002. The plans that are being considered by the P&Z Commission and the City Commission are date stamped received by the City on August 9, 2002. Even though there is a different date stamp on the plans, they are the same plans that were considered by the DRC.) PLANNING & ZONING COMMISSION RECOMMENDATION: On August 13, 2002, the Planning and Zoning Commission considered the Final Site Plan for the Kane's Furniture at Ocoee. There was discussion on a variety of issues and there was concern about the fact that there are still some changes to be made on the plans. However, the Commission was assured that the remaining issues were minor and would be easily corrected. There were significant questions about grading and tree protection and the request for a waiver from providing a sidewalk along the SR 50 frontage of the site. The applicant and his Engineers were present to clarify the outstanding Staff comments and answered questions. When the discussion was finished, the Planning and Zoning Commission voted unanimously to recommend approval of the Final Site Plan in accordance with the Staff recommendation, except that the Commission's vote included deleting the waiver request to not build the SR 50 sidewalk — the P & Z Commission believes that the sidewalk should be built by the Developer. RECOMMENDATION: Based on the recommendations of the Development Review Committee and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission approve the Final Site Plan for Kane's Furniture at Ocoee, as date stamped received by the City on August 9, 2002, including the two additional requested waivers, subject to making the necessary revisions listed in the attached memos prior to the pre- construction meeting, as well as the additional changes included in the DRC recommendation. Please note the P & Z recommendation to delete the waiver request related to the sidewalk along SR 50. Attachments: Memo from Scott Cookson(Assistant City Attorney),dated August 14.2002,listing outstanding issues(revised since the DRC meeting) Memo from Planning Depadment,dated August 7,2002,listing outstanding issues O:\DOdellt LL_DATA\CAPDFILE\Staff Reports\SR2002\SR02045 CC.doc FOLEY : LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0553 TO: Ellen M. King, Development Review Coordinator FROM: Scott A. Cookson, Esq., Assistant City Attorney CC: Paul E. Rosenthal, Esq., City Attorney Jason G. Williams, Esq., Assistant City Attorney N{ DATE: August 2002 RE: [Revised Comments] Kanes Furniture at Ocoee—Final Site Plan Project No. LS-00-01 l (Third Review) In connection with the above-referenced matter, we have reviewed the following document: 1. Final Site Plan for Kanes Furniture at Ocoee prepared by Barb Design Group, Inc. stamped received by Foley & Lardner August 5, 2002 ("Plan"); and 2. Response to Comments Letter dated July 25, 2002 from Harb Design Group, Inc. stamped received by the City of Ocoee July 25,2002. This Memorandum has been revised pursuant to discussions had between the Developer and the City since the original submittal date of August 7, 2002. This Memorandum supersedes our prior Memoranda dated April 5, 2002 and July 11, 2002. Based on our review of the documents noted above pursuant to the Land Development Code, we have the following comments: L Please be advised that pursuant to Condition of Approval 15, the Declaration of Restrictive Covenants concerning the use of the site as a retail furniture store (the "Declaration") must be recorded at the time of Final Site Plan approval and prior to the issuance of any building permits for the site. The requirement that the Declaration be recorded at the time of approval of the Final Site Plan was also a Condition of Approval on the Preliminary Site Plan. At the time the project was proceeding through Preliminary Site Plan review and negotiations concerning the form of the Declaration, it was the City's understanding that Kanes Furniture would be the owner of the site following approval of the Preliminary Site Plan. In fact, the Declaration was drafted to be signed by Kanes Furniture as the owner of the site. At the TSRC meeting on July 30, 2002 the City was informed that the closing on the 006.265565.2 FOLEY 8 LARDNER FOLEY : LARDNER sale to Kanes Furniture would not occur until sometime following approval of the Final Site Plan. In order to comply with the Condition of Approval requiring the Declaration be recorded at the time of approval of the Final Site Plan we have revised the Declaration to be executed by the current owner of the property. Attached hereto please find a revised Declaration. [The Declaration of Restrictive Covenants relating to the use of Lot 5 as a Furniture Store incorrectly referenced a requirement of 77 parking spaces. The agreed upon number of parking spaces is actually 75. The Declaration of Restrictive Covenants has since been revised to correct this error. Attached is the revised document.] 2. In connection with the execution and recording of the Declaration, please provide the City with a metes and bounds legal description and sketch of description for the Kanes Furniture site to be attached to the Declaration. [As of August 13,2002 this item remains outstanding]. If you have any questions regarding this matter, please do not hesitate to call. Attachment 2 006.265565.2 TIIIS INSTRUMENT PREPARED BY: Scott A. Cookson,Esq. FOLEY & LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 AFTER RECORDING RETURN TO: Engineering Department CITY OF OCOEE 150 N. Lakeshore Drive For Recording Purposes Only Ocoee, Florida 34761 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT ("Declaration") is made and entered into this day of , 2002, by H. SCOTT GOLD, TRUSTEE, whose address is 860 N. State Road 434, Suite 7, Altamonte Springs, Florida 32714 ("Owner"). WITNESSETH: WHEREAS, Owner is the owner in fee simple of that certain parcel of property described in Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"); and WHEREAS, Owner intends to allow the Property to be developed as a retail furniture store not to exceed 61,000 square feet of gross leaseable area which would require, pursuant to the currently applicable codes and parking regulations of the City of Ocoee ("City"), 360 parking spaces to be located on the Property; and WHEREAS, Owner has demonstrated to the City that a retail furniture store does not generate sufficient traffic to warrant construction of 360 parking spaces on the Property; and WHEREAS, the City has agreed to permit construction of a retail furniture store not to exceed 61,000 square feet of gross leaseable area on the Property and the construction of 75 parking spaces for customer and employee use thereon so long as the Property is used solely as a retail furniture store. NOW, THEREFORE, in consideration of the covenants stated herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and arc incorporated herein by reference. 006.224599.3 2. Definition. For the purposes of this Declaration, `retail furniture store" shall mean a store for the retail sale of furniture with related home furnishing items, bedding and flooring, including but not limited to carpeting and tile. 3. Development of the Property. The Property shall be developed and utilized by Owner for no other purpose other than as a retail furniture store containing no more than 61,000 square feet of gross leaseable area with not less than seventy-five (75) parking spaces (of which at least four (4) shall be handicap spaces) therein in accordance with the Final Site Plan for Kanes Furniture at Ocoee prepared by Harb Design Group, Inc. as approved by the Ocoee City Commission on , (the "Final Site Plan"). 4. Duration of Restrictions. The use restriction created herein shall expire upon the earlier of(i) fifty (50) years from the date hereof; (ii) the demolition and removal of the building constructed by Owner on the Property; or (iii) the addition of sufficient parking spaces on an adjacent lot to meet the then existing City of Ocoee Land Development Code requirements, without a waiver. The parking requirement waiver approved as part of the Final Site Plan shall cease to apply to the Property in the event of the demolition and removal of the building constructed by Owner on the Property. 5. Binding Effect. The restrictions and obligations of this Declaration shall run with the Property. Nothing herein shall be construed as a prohibition on the sale or transfer of the Property so long as the subsequent use conforms with the provisions of this Declaration. 6. Governing Law. This Declaration and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any action arising hereunder shall be in the appropriate court having jurisdiction in Orange County, Florida. 7. No Third Party Beneficiary. Unless otherwise noted herein, the provisions of this Declaration are for the exclusive benefit of the City and not for the benefit of any third party or property, nor shall this Declaration be deemed to have conferred any rights, express or implied, upon any third person or property. 8. Modifications; Amendments. This Declaration, along with the Final Site Plan, constitutes the entire agreement between Owner and the City and supercedes all previous discussions, understandings and agreements with respect to the subject matter hereof. This Declaration may not be modified or amended without the approval of the City, which approval may be granted or denied by the City using its sole, absolute and/or arbitrary discretion. The decision of the City concerning whether or not to modify or amend this Declaration is final, not subject to a quasi-judicial proceeding, not subject to a fairly debatable standard and not subject to an appeal. The approval by the City of a modification or amendment to this Declaration shall be evidenced by a Joinder and Consent being attached to any such modification or amendment. 9. Material Inducement. Owner hereby acknowledges that the execution and recording of this Declaration is a material inducement for the City to approve the Final Site Plan and,but for the execution and recording of this Declaration, the City would not approve the Final Site Plan and the Parking Requirement Waiver contained therein. 006.224599.3 2 10. Notices. All notices to be given pursuant to this Declaration shall be sent, by United States certified mail, postage prepaid, or by a national overnight courier delivery service maintaining receipt and delivery records, to the addresses set forth below and shall be deemed given when post marked or deposited with such overnight courier service. If to Owner: H. Scott Gold, Trustee 860 N. State Road 434, Suite 7 Altamonte Springs, FL 32714 If to City: City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Attn: City Manager Any owner or subsequent owner of the Property shall provide written notice of its address or change of address in accordance with the provisions hereof. l I. Recordation of Declaration. Owner agrees that an executed original of this Declaration shall be recorded by the City, at Owner's expense, in the Public Records of Orange County, Florida. 12. Attorneys' Fees. In the event an action is commenced by the City concerning the enforcement or breach of any provision of this Declaration, the prevailing party in such action shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal 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 judgement. 13. Captions. Captions of the Sections and Subsections of this Declaration are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Declaration. 14. Severability. If any word, sentence, phrase, paragraph, provision, or portion of this Declaration 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 portion hereof so long as the purpose and intent of this Declaration can still be achieved. IN WITNESS WHEREOF, Owner has made and executed this Declaration on the day and year first noted above. WITNESSES: OWNER: Signature: 3 006.224599.3 Print Name: H. SCOTT GOLD,Trustee Signature: Print Name: STATE OF COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared H. SCOTT GOLD, Trustee, and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said Trust. He [ ] is personally known to me, or [ I produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2002. Signature of Notary Name of Notary (Typed.Printed or Stamped) Commission Number(if not legible on seal)__ My Commission Expires(if not legible on seal) 4 006.224599.3 EXHIBIT"A" (the"Property") 5 006.224599.3 ;Iseutec of Good t r Mayor `lhe. Fin Commissioners S. Scott A mder_ritt ..I Danny Howell. District. 1 © C 0 7�. Scott Anderson. District 2 Lite n rqr �qns„ Rusty Johnson, District 3 •Iim Gleason Nancy J. Parker, District 4 Atli MEMORANDUM DATE: August 7, 2002 TO: Carolyn Alexander, Development Review Coordinator FROM: Robert Lewis, AICP, Principal Planner j THROUGH: Russ Wagner, AICP, Director of Planning SUBJ: Planning Department Comments Kane's Furniture at Ocoee, 3rd Staff Review Large Scale Site Plan, Received July 25, 2002 These comments list the few remaining concerns of the Planning Department related to the most recent application submittal. It is likely that most of these issues can be addressed very easily. A Development Review Committee (DRC) meeting will be scheduled as soon as possible to present this project for a final Staff recommendation. 1) [Repeat Comment] Provide an executed copy of the restrictive covenants concerning the use of the site as a furniture store prior to DRC. 2) [Repeat Comment] Make sure the sign on Sheet C-5 is consistent with the master signage program of Goodman Center (the size is fine, but the architectural style of the sign shown on Sheet C-5 does not match the master signage program shown on Sheet L2 of the Goodman Center FSP). 3) On Sheet PE 1.0 of the previous submittal, there was a small box in the center of the page that provided a summary of the light intensity data provided in the Electrical Photometric Plan on that sheet. That small summary box is not included on Sheet PE 1.0 of the most recent submittal. Revise Sheet PE 1.0 to include that summary box. RWL 09RLEW ISALL_DATA\rlpolile\Development Review(2002)\MFP02125.doc City of Ocoee• 150 N Lakeshore Drive• Ocoee, Florida 34761 phone: (407)905-3100• fax: (407)656-8504•www.ci.ocoee.Fl.us