Loading...
Item #09 First Reading of Ordinance - Fountains West Planned Unit Development c of Good Lf` 4 AGENDA ITEM STAFF REPORT Meeting Date: November 2, 2010 Item # Reviewed By: Contact Name: Bobby Howell, MPA Development Services Director: Contact Number: 407 - 905 -3100, Ext. 1044 City Manager: Subject: Fountains West PUD - Substantial Amendment Rezoning to C -2 (General Commercial) Project Numbers: RZ- 10- 09 -11, RZ- 10 -03 -01 Commission District 1 — Gary Hood ISSUE: Should the Honorable Mayor and City Commissioners approve a Substantial Amendment to the Fountains West Planned Unit Development (PUD) which would remove 1 acre of land known as Lot 7 and rezone said property to C -2 (Community Commercial)? DISCUSSION: The subject property is located on the southeast corner of the intersection of West Road and Ocoee - Apopka Road. It is 1 acre in size and is vacant. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Commercial Planned Unit Fountains West development Development (PUD) East Low Density Residential Orange County Single- family residence Agricultural South Commercial C -2 (Community Vacant Commercial) West Commercial C -2 (Community Vacant Commercial) Substantial Amendment to Fountains West PUD The Fountains West PUD was approved by the City Commission on December 19, 2006. The PUD was approved with a total of 8 lots. The PUD is the site of a commercial shopping center containing a Publix grocery store and two banks that are situated on outparcels. The remaining lots are currently undeveloped. The applicant is requesting a Substantial Amendment to remove Lot 7 from the boundaries of the PUD. The applicant intends to include the boundaries of Lot 7 in a new three lot commercial subdivision that will be developed at the southeast corner of the intersection of Ocoee - Apopka Road and West Road. Per the Land Development Code, a Substantial Amendment to a PUD is required when the Conditions of Approval to the accompanying Development Agreement are required to be modified. Several of the Conditions of Approval refer to Lot 7, thus the need for the Substantial Amendment. Rezoning to C -2 (General Commercial) The applicant is petitioning the City to rezone Lot 7 to C -2 (General Commercial). The property will be joined with a parcel of land immediately to the south of the subject property which is in the City limits and has a current zoning designation of C -2. The former Lot 7 will be joined with the parcel of land to the south in order to develop a three lot commercial subdivision. The rezoning is consistent with the Commercial Future Land Use designation. Additionally, conflict with the surrounding properties is not anticipated as the surrounding area is generally commercial in character and the property is located at a major intersection where commercial zoning districts and developments are typically contained. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on October 20, 2010 and reviewed the applicant's request. The applicant was notified that there were outstanding review comments from city staff. No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the Substantial Amendment to the Fountains West PUD and the subsequent rezoning of the 1 acre parcel to C -2 (General Commercial) subject to the resolution of the outstanding review comments from city staff. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission will meet on October 27, 2010 to consider approval of the applicant's request. A synopsis of the Planning & Zoning Commission recommendation will be provided for your consideration prior to the November 2 City Commission meeting. STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commissioners approve the Substantial Amendment to the Fountains West PUD and the subsequent rezoning of the 1 acre parcel to C -2 (General Commercial) subject to the resolution of the outstanding review comments from city staff. ATTACHMENTS: Location Map Future Land Use Map Zoning Map Substantial Amendment to Fountains West PUD Staff review comments FINANCIAL IMPACT: None. TYPE OF ITEM: (please mark with an `x') Public Hearing For Clerk's Dept Use: X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A O: \Staff Reports \Staff Reports 2010 \SR 100080_HEH_FountainsWestPUD _SubstAmend_RZ.doc 3 Fountains West, Lot 7 Location Map l LJ I : .. _ � : lot x11111! �� 111111 4 © NI II!!!! I Inn' � � uunn nn nu MINH I I► �� i 10 4 ` 11:41 _ 1111111E2 = Nov ' a \ t4 4 iW rpi� - '- i ''' - 7 . 1• t Ali V. 7 \ alla I OW . as 4 29 S \a �o I , / l 0 / Fuller Crosl _ __ --1 I 1 I I 1 Fountains West, Lot 7 Surrounding Future Land Use Map ,,,, tofCoolL. MN 5 tL• 1 tE 7 'ice "a Development 9 OC - E lemmr: tC+ � i : �� �/► Ocoee Common ry Development , ' ' ra a1�num gq LP C Department Otig L NE I:0M �� H La� ry 1 inch equals 1.000 feet : *: S •4 -'�' 32 0 320 640 960 Feet ''• • �, , 1 1 ■ ■ �� I 0 Printed: October 2010 %∎ ;mo\ 0 Subject Property ��� Unincorporated Territory _1`A .... ' •••' and Other Municipalties ��` II" Density Residential , f , Medium Density Residential ME High Density Residential e IMI Professional Offices and Services S`a `eRoaa RE Commercial �� , MN Light Industrial - i„..... _ Heavy Industrial ± "� MI Conservation /Floodplains i 1 111111 Recreation and Open Space ;�;:� Public Facilities /Institutional . - MINI Lakes and Water Bodies Mir ..,' rIiu T ■ 1 Y� �, idlers Cr. - I■, II 5th NMI rir Ira _ -_ � ■ - 11111 Mi. 111111 �` rd • �ri� l u11 u»»� se. ∎ '`� EMIVEMININIIIIII1 f Fountains West, Lot 7 Surrounding Zoning Map 0 c �,,n of aood, v tle �� G �. ���i p �u � CO,E �`����� C �i11111 'Mil 1� Ocoee Community Development ' _ = r -Lc' ii11d/// so MI ca Department .� "= =W a VEMP �~ r � �� - e t. l///// !I ' Mid �� ... :::: :- • . • 1 inch equals 1.000 feet • ' fi 320160 0 { ' ;- : } :===�. 0' y. is eh, t -.%::' •• Printed: October 2010 v ■ � .4 fi : , w ; . %. ' "x $� Q Subject Property ��I. d ���s.,,Y . ? ta ; 'o s = . Unincorporated Territory ��� •••' and Other Municipalties I IIIW Low Density Residential Medium Density Residential: - IN High Density Residential Professional Offices and Services -, - :L- : : :ti �aR0aa III Commercial: Spa =Light Industrial 'i /_ 1111W -MI IS 11 141 Ilk . Industrial •� uy. IIII Heavy IN ~ ~ 1111111 Conservation /Floodplains Recreation and Open Space R -1A In till Public Facilities /Institutional •1Y; „ a: i m I '�: • •r Lakes and Water Bodies _ E J -Y.ti � i iiiiiI �,.,� v :..ti.. ti: : :{ _. =5: is -'y ti• • : .:;.-.:.-.E...,:: • : Qo` ,� :• :111 - } �. t f ullers !I1u i rI �ai.WM,� ' - . . X11 PUD-LD ':. k �1JX > : tier ?-_ ^ :.: � •.,�• t_ _I ... ::: } w r y - _ •� = m M LIM ! 1-._ :11i 1 Center of Good Li ! Mayor g Commissioners S. Scott Vandergrift ., ��e v� Gary Gar Hood, District 1 4 s" "l� .• Rosemary Wilsen, District 2 City Manager \ . , _ Rusty Johnson, District 3 Robert Frank L am: Joel F. Keller, District 4 October 20, 2010 Thomas Skelton American Civil Engineering Co. 207 N. Moss Road, Suite 211 Winter Springs, Florida 32708 RE: Fountains West PUD Amendment RZ- 10 -09 -11 2 Staff Review Dear Thomas Skelton: Thank you for your submittal for the above - mentioned project. We have attached staff comments that are in response to your submittal. At your convenience, please call me at 407 905 -3100 extension 1021 to schedule a Technical Staff Review Committee Meeting (TSRC). During this meeting, the appropriate staff members will go over any of their comments to facilitate the re- submittal. In your written response, we ask that you indicate how each comment was addressed. If you have any questions, please call me at 407 905 -3100, extension 9/1021. Sincerely, Sherry Seaver Sherry Seaver, Development Review Coordinator Planning Division sas Attachment cc: Paul Rosenthal, City Attorney Dottie Watson, Assistant City Attorney Craig Shadrix, Development Services Director Bobby Howell, Senior Planner Engineering Department Project File O: \DEVELOPMENT REVIEW\Projects 2010\Fountains West PUD Amendment Lot 7\2nd Review \D RC Fountai nsWestP U DAme nd ment. doc City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoee.fl.us BOBBY HOWELL, SENIOR PLANNER (407) 905 -3100 Extension 1044 No Comments at this time. RYAN HOWARD, STAFF ENGINEER (407) 905 -3100 Extension 1506 No Comments at this time. DOROTHY E. WATSON, ASSISTANT CITY ATTORNEY (407) 244 -3236 I. Repeat Comments The following comments were included in the City Attorney's prior memorandum regarding the Plan, however, they were not fully addressed as part of the Applicant's current submittal. 1. Resolved. 2. [Repeat Comment] Please label the waiver table appearing on the cover of the Plan to indicate "Approved December 19, 2006." We note that the waiver table was removed from the cover page pursuant to a comment from the planning department. Please revise the cover page of the Plan to include the waiver table as originally included along with the notation described above. 3. [Repeat Comment] Please revise Sheet C -2 of the Plan to insert the following prior to the legal description that appears on that sheet: [the legal description from the approved PUD Land Use Plan] less and except Lot 7 of the plat of Fountains West, as recorded in Plat Book 72, Page 111 of the Public Records of Orange County, Florida and the West Road right -of -way, which may also be described as We note that Sheet C -2 was removed from the Plan pursuant to a comment from the planning department. Please revise the Plan to include Sheet C -2 as originally included along with the above - described revision to the legal description. Please also revise the index of sheets accordingly. 4. Resolved. 5. Resolved. 6. Resolved. 7. Resolved. 8. Resolved. 9. [Repeat Comment] Please provide a title opinion or title certification (the "Title Report ") showing the record title holder of Lot 7 of the PUD that lists all encumbrances of record. Please note that the title report must be less than six months old at the time of commission approval of the PUD Amendment and must be addressed or certified to the City of Ocoee. Please include with the Title Report copies of all exception documents identified therein. Joinders to the amendment to the Development Agreement will be required from all mortgage holders. The Response Letter indicates that this will be provided at a later date. 10. Resolved. II. Comments in Response to New Plan The following comments are based on changes made to the Plan since the Applicant's prior submittal or relate to new information or documents that have been provided since Applicant's prior submittal. 11. Please revise the cover page of the Plan to insert the following language: Except as specifically amended hereby, the Fountains West PUD Land Use Plan remains unchanged and in full force and effect. 12. Please revise the title of the index of sheets appear on the cover page of the Ran to read "Index of sheets included in Amendment." 13. Please revise the index of sheets appearing on the cover page of the Plan to delete (rather than strikethrough) entries for pages not included in the amendment. Walgreen's / West Road Commercial Subdivision Location Map 1 i iiw - ,___ - - --: per - v mr5 2111111111lill gl I 9!! IF , R� 44,s an lonuu m L , * VW 1- poll E ...„;,, , i■ 1* alio IV :SW • 0 , 11111 rir v. v.* .‘. 3.1 I Let 111111 Z. 4 tfb - 14.141 t I , v ....._ . ____ im, Ar il 11111 / o aa A 2 9 skatie R r ....* :-.-11. I I 1 1 0 ,____ Fuller Coss 1 11 I I I I Walgreen's / West Road Commercial Subdivision Surrounding Future Land Use Map 9 „ of Cool,,, �/ t aunrareargairrai -r w Ocoee Community Development / c- - I - ii /�/�a� �s� � I ' �� Department p � v ■.!Ti1Ti• � r► la ., 1 inch equals 1,009 feet G; ii%� /1r/1111 ►,4 op • i 320160 0 320 640 960 Feet 4 0 S ee 11 Printed: October 2010 le V' � ♦ ' 11111 . l i f ` QSubject Property gip*, 4 1/ Unincorporated Territory ` #j •• —� -� " end Other comm it &V:(&:icesIN g A2 s I - MN Light I ndustrial —� Heavy Industrial 11111111111=1 I. ConservatioNFloodplelns 111111111 Recreation and Open Space ,Etfill IN Public Facilities /Institutional � i i /al Lakes and Water Bodies I i iuu i I - R� i Q o . :Tim 1 ' ® 3 iii_• 1111 111111"22711n1 �1ll' rim w ♦ .1 run j mna di Walgreen's / West Road Commercial Subdivision Surrounding Zoning Map 0 - o.r - .un 1tro • F • - , . Ocoee Community Dev.lopm.nt r' : : Iiibbtw• �.' Department 11 \ ∎ L�`• ' 7 ,, •0 �� /i�lll � � !/ 1 inch equal. 1,000 fnt G � Z • � 1 v� ' ;y nri 320160 0 320 840 680 Feat ' 1 1 0 `.. ' all ti F i Printed: October 2010 il 0„, 10 { - nf= El W. � r,f 1 1 '' f x ; gR.::". Subject Property � `,4 4 �� . sx , ; 1 4 S • Unincorporated Territory '� j PPP.— ••" and Other s f �' Low Density ty Residential al Medium Density Residential % s , ' MI High Density Residential Professional Offices and Services '. i }r ;- �Ro*d r,;--' -s • Commercial '/r� s� MN Light Industrial .� MI Heavy Industrial t �"` `` ilIl Conservation /Floodplains ifi 11 Recreation and Open Space .-- . - 11��1 NE Public Facilities/Institutional WI Lakes and Water Bodies ... Ill "WI ' • aril aril f~ i Ni _ri u 1 - - Min . .411:112 VW gall xc} - - RA r..., iir r.-�,c � l .... ... � _.. . . ra t e T�"° C of Good z Mayor `SN � 0 � �g Commissioners S. Scott Vandergrift ;s ....: Gary Hood, District 1 0 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank '� / Joel F. Keller, District 4 October 20, 2010 Thomas Skelton American Civil Engineering Co. 207 N. Moss Road, Suite 211 Winter Springs, Florida 32708 RE: Walgreens @ West Road Commercial Subdivision Small Scale Site Plan, Subdivision & Rezoning SS- 2010 -002, LS- 2010 -003 & RZ- 10 -03 -01 4 Staff Review Dear Thomas Skelton: Thank you for your submittal for the above - mentioned project. We have attached staff comments that are in response to your submittal. At your convenience, please call me at 407 905 -3100 extension 1021 to schedule a Technical Staff Review Committee Meeting (TSRC). During this meeting, the appropriate staff members will go over any of their comments to facilitate the re- submittal. In your written response, we ask that you indicate how each comment was addressed. If you have any questions, please call me at 407 905 -3100, extension 9/1021. Sincerely, Sherry Seaver Sherry Seaver, Development Review Coordinator Planning Division sas Attachment cc: Paul Rosenthal, City Attorney Dottie Watson, Assistant City Attorney Craig Shadrix, Development Services Director Bobby Howell, Senior Planner Engineering Department Project File O: \DEVELOPMENT REVIEW\Projects 2010 \Walgreens\4th Review \DRCWalgreens.doc City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoee.fl.us BOBBY HOWELL, SENIOR PLANNER (407) 905 -3100 Extension 1044 The Planning Division offers the following comments related to the current plan submittal. 1. Resolved 9. Resolved The following comments apply to the Preliminary Subdivision Plan. 10. (Repeat Comment) No traffic study has been provided for review. Please submit a traffic study with your next submittal. Also on Sheet 7 it is noted that there is an approved traffic study. To date the City has not approved or received a traffic study for this project. • (8/24/10) The traffic study has not been received. • (9/30/10) The traffic study must be reviewed and approved by the City's traffic consultant prior to the scheduling of the public hearings. The result of the study may stipulate a potential concurrency deficiency which may result in a mitigation payment. • (10/19/10) Please note the traffic study must be approved by the City's transportation consultant prior to the project being presented to the City Commission for final approval. 14. Resolved 16. Resolved 26. (Repeat Comment) Please explain what the area is in the northeast corner of the site adjacent to the West Road curbcut is. Is this an easement? If so, it needs to be properly labeled as such. • (8/24/10) Please label this area as an easement that will be dedicated to Orange County. • (9/30/10) The response letter states that this area will be labeled as an easement on the survey. Please label it as such on all applicable sheets on both the PSP /FSP and Site Plan. • (10/19/10) The above described easement has not been labeled on all plan sheets in both the Preliminary Subdivision Plan and Site Plan sets. Please ensure it is labeled on all applicable plan sheets. 40. (Repeat Comment) Please note stormwater facilities (ponds and /or dry depressions) will be designed and utilized as site amenities and buffers along entrances and street frontages or as buffers between incompatible uses and landscaped with minimum 10 foot buffers consistent with side and rear yard buffer regulations. (Section 6.14 (2) (f) (1)) • (8/24/10) Please explain how the southern portion of the retention pond along Ocoee - Apopka Road will be landscaped since it is in an area reserved for landscape buffers? • (9/30/10) Landscaping is shown on the portion of the pond that faces Ocoee - Apopka Road, but not the area internal to the site along the frontage road. Please note stormwater facilities (ponds and /or dry depressions) will be designed and utilized as site amenities and buffers along entrances and street frontages or as buffers between incompatible uses and landscaped with minimum 10 foot buffers consistent with side and rear yard buffer regulations. (Section 6.14 (2) (1) (1)) Please show the remainder of this buffer by providing landscaping around the portion of the retention pond that is along the frontage road. Please provide this in the PSP /FSP plan set. • (10/19/10) The ink has faded on the landscape plans provided in both the Preliminary Subdivision Plan and Site Plan sets and has caused the types and quantities of several plant species to be illegible. Please ensure the plans are legible. Comments 41 -48: Resolved 49. (Repeat Comment) Please note per Conservation Element Policy 4.3 all disturbed wetlands are required to be replaced at a 2:1 ratio on site or within the same watershed. • (8/24/10) How will the disturbed wetland areas be mitigated? What plant materials will be provided and what other types of measures will be performed? The applicant should evaluate how Fountains West mitigated their wetlands and emulate that plan as much as possible. • (9/30/10) Please show the wetland plantings on the section on the mitigation plan sheet. Additionally, has SJRWMD approved the mitigation plan? If so, please provide a copy of the approval letter for our files. We will need this information prior to the scheduling of the public hearings. • (10/19/10) 1) To date the SJRWMD letter indicating approval of the wetland mitigation plan has not been received. Please note the project cannot be forwarded to the City Commission for final approval until this letter is received by the CitV. 2) The typical sections showing the wetland plantings has not been provided. 70. Resolved 72. Resolved The following comment applies to the Final Site Plan. 73. (Repeat Comment) Please note building lighting is limited to shielded wall- washer fixtures or down lights, which do not produce spillover or night -sky pollution. (Section 6.14 (2) (1) (4)) Please provide cut sheets of the building mounted lighting and a note on the plan to demonstrate this requirement has been satisfied. • (9/30/10) Please provide cut sheets of the above described lighting to demonstrate compliance with City code. • (10/19/10) Please provide cut sheets in the Walgreens site plan set that depict how the building mounted lighting will appear. 74. Resolved RYAN HOWARD, STAFF ENGINEER (407) 905 -3100 Extension 1506 The following are the resulting review comments relating to your 4th submittal received by the City for the above referenced project. Bold comments represent the new comments. If you have any questions pertaining to the requested information, please contact our office. This submittal included two sets of plans. One being the Site Plan set and one being the Subdivision Plan set. The underlined portion will delineate which set of plans the comment applies to. 1. A copy of the SJRWMD, Orange County Utilities, and Orange County Public Works permits will be required before final approval will be issued. Not Resolved. 2. Please see the attached comments in regards to the stormwater system by the City's Stormwater Engineering Consultant (Singhofen). Not Resolved — Attached please find an updated memo from Singhofen. Subdivision Plan & Site Plan The following applies to the Cover Sheet 3. Resolved. 4. Resolved. The following applies to Sheet 2 of 21 Conditions of Approval Plan 5. Resolved. 6. Resolved. 7. Resolved. 8. Resolved. 9. Resolved. The following applies to Sheet 3 of 21 GENERAL NOTES 10. Resolved. 11. Resolved. 12. Resolved. The following applies to the BOUNDARY & TOPOGRAPHIC SURVEY 13. Resolved. 14. Resolved. 15. Resolved. 16. Resolved. 17. Resolved. The following applies to Sheet 7 of 21 SUBDIVISION PLAN 18. Resolved. 19. Resolved. 20. Resolved. The following applies to Sheet 8 of 12 STORMWATER POLLUTION PREVENTION PLAN 21. Resolved. 22. Resolved. 23. Resolved. 24. Resolved. The following applies to Sheet 11 of 21 COMPOSITE UTILITY PLAN 25. Resolved. 26. Resolved. The following applies to Sheet 12 of 21 PAVING, GRADING & DRAINAGE PLAN 27. Resolved. 28. Resolved. 29. Resolved. 30. Resolved. 31. Resolved. 32. Resolved. The following applies to Sheet 14 of 21 WETLAND IMPACT PLAN 33. Resolved. The following applies to Sheet 15 of 21 PAVING, GRADING AND DRAINAGE DETAILS 34. Resolved. The following applies to Sheet 16 of 21 PAVING, GRADING AND DRAINAGE DETAILS 35. Resolved. The following applies to Sheet 18 of 21 REUSE WATER DISTRIBUTION STANDARD 36. Resolved. Sheet 11 of 11 37. Resolved. 38. The Point of Connection to the reclaimed system is called out. Please indicate that a meter will be installed and indicate the meter size for the designed irrigation installation. The meter size was changed on the Site Plans, however, the Subdivision Plans also show a 2" meter which is oversized considering the flow stated in the table. The following applies to the PHOTOMETRIC PLAN: 39. Resolved. 40. [Repeat Comment] E0.1 does not provide for lighting at all the entrances and exits of the development (1 one West Road and 2 on Ocoee Apopka Road) and rear exit from the Walgreens lot south to Lot 2. Site Plan The following are new comments as a result of the plans being revised with new design information that Engineering has not previously reviewed. 41. Resolved. 42. Resolved. 43. Resolved. 44. Resolved. 45. Resolved. UTILITIES /BACKFLOW, PUBLIC WORKS, FIRE & POLICE There are no comments at this time. NICK LEPP, RENAISSANCE PLANNING GROUP (407) 487 -0061 Extension 129 Renaissance Planning Group has reviewed the West Road Commercial Subdivision/ Walgreens traffic study and site plan, the following comments: Site Plan /Subdivision Plan • The right in / right out driveway on Ocoee - Apopka Road has been modified to meet the 185 feet from the West Road intersection, however, we will await comments from Orange County Engineering before issuing a final determination. • The plan should show a cross access easement between the property on the subject property and the property on the south. Traffic Study • Traffic has been adjusted to include vested (future) traffic on the network, however, there has been no increase to right and left turns at the West Road and Ocoee - Apopka Road intersection in the future. DOROTHY E. WATSON, ASSISTANT CITY ATTORNEY (407) 244 -3236 I. Repeat Comments The following comments were included in the City Attorney 's prior memorandum regarding the Plan, however, they were not fully addressed as part of the Applicant's current submittal. 1. Resolved. 2. Resolved. 3. Resolved. 4. Resolved. 5. Resolved. 6. Resolved. 7. Resolved. 8. [Revised Comment] The correspondence accompanying the Rezoning Application indicates that the Verified Legal Description Form will be submitted upon the vacation of the old West Road right of way. We understand that Orange County is still resolving issues related to the old West Road vacation and that the vacation should occur shortly. However, in the interim, please note that the Rezoning Application may not be fully considered without a legal description of the property to be rezoned. Please revise the Verified Legal Description Form to reference the "also described as" description appearing on the survey. 9. Resolved. 10. Resolved. 11. [Repeat Comment] The copy of the Survey provided to the City Attorney has not been signed and sealed by the surveyor. Please provide a signed and sealed boundary survey with your next submittal. Some of the courses appearing in the "also described as" legal description for the remainder parcel on the Survey appear to be inconsistent with the courses appearing on the survey itself. In addition, in the description for the Walgreens parcel, it appears that there are extraneous characters in the description and the point of beginning was inadvertently left off. Please provide a revised survey with your next submittal. 12. Resolved. 13. Resolved. 14. Resolved. 15. Resolved. 16. Resolved. 17. Resolved. 18. Resolved. 19. Resolved. 20. [Repeat Comment] Sheet 14 shows encroachment of the development onto wetland areas. Please provide copies of correspondence with St. Johns River Water Management District confirming that this encroachment is acceptable. We note that the Response Letter indicates that this comment will be addressed at a later date. 21. Resolved. 22. Resolved. 23. Resolved. 24. Resolved. 25. Resolved. 26. Resolved. 27. Resolved. 28. Resolved. 29. Resolved. 30. Resolved. 31. Resolved. 32. Resolved. 33. Resolved. 34. Resolved. 35. Resolved. 36. Resolved. 37. Resolved. 38. Resolved. II. Comments in Response to New Plan None at this time. The following comments are based on changes made to the Plan since the Applicant's prior submittal or relate to new information or documents that have been provided since Applicant's prior submittal. Singhofen & Associates Inc. sA, MEMO To: David Wheeler CC: File From: Mark Troilo, P.E. Date: October 19, 2010 Re: Comments on Walgreens Drug Store #12884 — Application Review These comments pertain to stormwater related issues we've identified in the response to comments dated October 11, 2010 for the subject project. Comment 1. The following relates to the Stormwater Management Calculations: a) We have determined the contributing area draining to the proposed pond and confirm it is approximately equal to the area reported by the applicant in this response. Although the applicant has not accounted for all disturbed areas in the calculations as requested in previous comments, it is likely that those remaining disturbed areas will not have an adverse impact on receiving waters as long as the remaining comments listed below are addressed. b) Underdrain calculations are provided for recovery of the treatment volume in three (3) days and the attenuation volume in fourteen (14) days per St. Johns River Water Management District requirements. Please submit a drawdown analysis to ensure these requirements are met. c) Various pipe lengths and structure types are inconsistent between the plans and storm tab calculations (e.g., STM -1 length, STM -2 length and structure type, STM -7 inlet elevation, STM -8 inlet elevation). Furthermore, and as noted previously, several inlets in the parking area are still at or below the peak stage elevation in the pond for the 100 year 24 hour storm of 112.26 feet (STM -10, STM -9 = 112.00). d) Calculated HGL elevations are required to be at least 6 inches below the gutter /road elevation. The storm sewer system does not meet this STORMWATER MANAGEMENT AND CIVIL ENGINEERING 925 SOUTH SEMORAN BOULEVARD • WINTER PARK, FLORIDA 32792 PHONE: 407 - 679 -3001 • FAX: 407 - 679 -2691 \ \ocoeefsl \community development\planning division\development review\projects 2010 \walgreens\4th review\2010_1019_walgreens- saicomments (2).doc October 21, 2010 Page 2 of 2 requirement as currently designed (e.g., STM9, STM10). Revise and resubmit corrected plans and calculations. e) The rise dimension of the weir slot used in the flood routings extends above the grate elevation. Please revise it to span the distance between the weir invert and the underside of the grate — not the structure top elevation. Revise and resubmit corrected plans and calculations as necessary. f) The seasonal high water level for the wetland in the vicinity of the discharge point of the pond is at elevation 106.2 feet. This elevation must be used to establish tailwater conditions in the flood routings and for other calculations including the underd rain drawdown calculations. g) The geotechnical reports have been reviewed and are acceptable. The geotechnical recommendations include the likely need to over - excavate the pond site as well as specific backfill and construction techniques necessary to ensure the pond will function as designed. Please include notes in the plans to require these recommendations during construction. SINGHOFEN & ASSOCIATES, INC. STORMWATER MANAGEMENT AND CIVIL ENGINEERING 925 SOUTH SEMORAN BOULEVARD • WINTER PARK, FLORIDA 32792 PHONE: 407 - 679 -3001 • FAX: 407 - 679 -2691 \\ocoeefsl \community development \planning division \development review \projects 2010 \walgreens \4th review\ 2010_1019_walgreens- saicomments (2).doc ORDINANCE NO. (Rezoning Ordinance for Fountains West (AKA Walgreens)) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT TO OCOEE "C -2" ZONING, COMMUNITY COMMERCIAL DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO WEST ROAD AND EAST OF AND ADJACENT TO OCOEE- APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. WHEREAS, the owner (the "Owner ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to rezone said real property to Ocoee "C -2," Community Commercial District (the "Zoning "); WHEREAS, pursuant to Section 5 -9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "), the Planning Manager has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91 -28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ( "PZC "); ORLA_1643850.2 WHEREAS, on , 2010 the PZC held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan; WHEREAS, on , 2010 the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee City 1 of land located within the corporate limits of the City of Code, of the following described parcel rp t3' Co p g Ocoee, Florida, is hereby changed from Ocoee "PUD" Zoning, Planned Unit Development District to Ocoee "C -2" Community Commercial District: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. ORLA_1643850.2 -2- SECTION 5. Official Zoning Map. The City Clerk is authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this Ordinance and the Mayor and City Clerk are authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this Ordinance. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 hereto. SECTION 9. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. ORLA_1643850.2 -3- PASSED and ADOPTED this day of , 2010. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2010 READ FIRST TIME , 2010 READ SECOND TIME AND PASSED , 2010 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2010. FOLEY & LARDNER LLP By: City Attorney ORLA_1643850.2 -4- EXHIBIT "A" The Property PARCEL A: BEGIN AT THE CENTER OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S00 °48'40 "W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6 A DISTANCE OF 5.79 FEET TO THE BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE LEAVING SAID EAST LINE RUN ALONG SAID BOUNDARY THE FOLLOWING TWO COURSES: N88 °29'02 "W 142.93 FEET; THENCE S28 °17'59 "W 78.88 FEET TO THE SOUTH LINE OF THAT PARCEL CONVEYED IN OFFICIAL RECORDS BOOK 10076, PAGE 6601, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN ALONG SAID SOUTH LINE THE FOLLOWING TWO COURSES: S80 °14'05 "W 52.70 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 766.19 FEET AND A CENTRAL ANGLE OF 11°37'09"; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 155.38 FEET TO THE AFOREMENTIONED BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE LEAVING SAID SOUTH LINE RUN N61 °29'41 "W ALONG SAID BOUNDARY 115.57 FEET TO A NORTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF OCOEE- APOPKA ROAD AS SHOWN ON ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN N28 °17'59 "E 8.53 FEET TO THE EAST / WEST CENTER SECTION LINE OF SAID SECTION 6; THENCE RUN S86 °38'32 "W ALONG SAID EAST / WEST CENTER SECTION LINE A DISTANCE OF 23.50 FEET TO A SOUTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF SAID OCOEE - APOPKA ROAD; THENCE RUN N28° 17'59 "E ALONG SAID PROJECTION AND THE EASTERLY RIGHT OF WAY LINE OF OCOEE- APOPKA ROAD A DISTANCE OF 198.42 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST ROAD AS SHOWN ON AFORESAID ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF WEST ROAD THE FOLLOWING FIVE COURSES; N66 °47'07 "E 58.56 FEET; THENCE S74 °43'06 "E 252.14 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2033.50 FEET AND A CENTRAL ANGLE OF 02 °5929 "; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 106.17 FEET TO A POINT; THENCE RUN S07 °26'06 "W 18.12 FEET; THENCE N80 °14'05 "E 17.26 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE RUN S00 °48'40 "W ALONG SAID EAST LINE A DISTANCE OF 61.19 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ORLA_1643850.2 -5- PARCEL D: COMMENCE AT THE CENTER OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN SO0 °48'40 "W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6 A DISTANCE OF 5.79 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE S00 °48'40 "W ALONG SAID EAST LINE A DISTANCE OF 34.73 FEET TO A POINT ON THE SOUTH LINE OF THAT PARCEL CONVEYED IN OFFICIAL RECORDS BOOK 10076, PAGE 6601 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S80 °14'05 "W ALONG SAID SOUTH LINE A DISTANCE OF 182.43 FEET TO THE BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE RUN ALONG SAID BOUNDARY OF THE WALGREENS PARCEL THE FOLLOWING TWO COURSES: N28 °17'59 "E 78.88 FEET; THENCE S88 °29'02 "E 142.93 FEET TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL E: COMMENCE AT THE CENTER OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S00 °48'40 "W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6 A DISTANCE OF 40.52 FEET TO A POINT ON THE SOUTH LINE OF THAT PARCEL CONVEYED IN OFFICIAL RECORDS BOOK 10076, PAGE 6601 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN S80 °14'05 "W ALONG SAID SOUTH LINE A DISTANCE OF 235.13 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 766.19 FEET AND A CENTRAL ANGLE OF 11°3709"; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE AND AFORESAID SOUTH LINE A DISTANCE OF 155.38 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE ARC SAID CURVE AND SAID SOUTH LINE A DISTANCE OF 124.60 FEET, THROUGH A CENTRAL ANGLE OF 09°19'02" TO A POINT ON A NORTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF OCOEE- APOPKA ROAD AS SHOWN ON ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN N28 °17'59 "E ALONG SAID NORTHERLY PROJECTION 46.60 FEET TO THE BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE RUN S61 °29'41 "E ALONG SAID BOUNDARY 115.57 FEET TO THE POINT OF BEGINNING. ORLA_1643850.2 -6- fG 11 EXHIBIT B [Insert Map] ORLA_1643850.2 -7- Fountains West, Lot 7 pi Location Map ItJ=: — ' t2� Nidl11�1E !! , ■//MutuI■►k,�'., Or 1 uuun nu m uu uun u ♦ ' � tro = = rI 0 I 0 ..., l,, „.ngi. r�0i _, MrOi �1 • , Mil �oaa X29 Sate \\ i Fullers Coss -I I1 I I 1