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08-11-2009 Agenda Packet 1 e Center of Good L v Mayor .Sb 11 Commissioners S. Scott Vandergrift '.., © .,.,. — Gary Hood, District 1 = Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank Joel F. Keller, District 4 PLANNING AND ZONING COMMISSION (LOCAL PLANNING AGENCY) August 11, 2009 AGENDA 7:00 PM CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II. CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held July 14, 2009 III. OLD BUSINESS IV. NEW BUSINESS A. CASA MIRELLA PUBLIC HEARING PRINCIPAL PLANNER RUMER 1. Preliminary / Final Subdivision Plan for Phases II, III, IV, and V 2. Preliminary / Final Site Plan for Phases II, III, and IV V. MISCELLANEOUS A. Project Status Report B. August Calendar VI. ADJOURNMENT 0: \P & ZWgendas\2009\August 11, 2009 P & Z Agenda.doc NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905 -3105, 48 hours in advance of the meeting. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 656 -8504 • www.ci.ocoee.l1.us ITEM NUMBER 11. A. Minutes of the Planning and Zoning Commission Meeting held on July 14, 2009 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, JULY 14, 2009 CALL TO ORDER Chairman Sills called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Sills, Vice Chair Golden, Members Campbell, Conkling, Dillard, McKey, Morris, Rhodus, and West. Also present were City Attorney Rosenthal, Development Services Director Shadrix, Senior Planner Howell, Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: None CONSENT AGENDA Minutes of the Planning and Zoning Commission Special Meeting held on Wednesday, June 17, 2009. Member West, seconded by Member McKey, moved to accept the Minutes of the June 17, 2009, Planning and Zoning Commission meeting with the correction to show Member Conkling as excused. Motion carried unanimously, OLD BUSINESS — None NEW BUSINESS F/X Design Group, LLC — Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan Senior Planner Howell gave a brief presentation on the subject property stating the property is 20.89 acres in size and the applicant is proposing the construction of a light industrial subdivision that will contain an addition to the existing FX building, seven (7) flex space units, and an office space. The site has three separate zoning designations, 1-1 (Light Industrial), 1-2 (General Industrial) and R-1AA (Single-family dwelling). Per a 2003 Development Agreement that pertains to this site, the R1AA portion of the site is reserved for a 50-foot wide Drainage and Conservation Easement. Senior Planner Howell stated the site was designed in accordance with the Conditions of Approval from the aforementioned Development Agreement and he briefly listed the major requirements from the agreement. He further stated the applicant is committed to preserving as many trees as possible on the site. During construction, the staff Planning and Zoning Commission Meeting July 14, 2009 forester will closely monitor the site to determine if there are any trees that are proposed for removal on the plan that can be preserved. The applicant has requested one waiver to the Land Development Code, which will be presented separately to the City Commission. The applicant is requesting to waive the requirement for a 6-foot high brick wall with landscaping adjacent to the residential properties along the northern and western property line. He has justified the request by indicating the 50-foot Drainage and Conservation Easement will provide an adequate buffer between the two uses. Additionally, the LDC has provisions which cap noise levels at property lines, and if said caps are violated, such violation can result in Code Enforcement action against the violating property owner. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION The Development Review Committee (DRC) met on July 7, 2009, and reviewed the Preliminary/Final/Subdivision/Site Plan. Staff voted unanimously to recommend approval of the Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC subject to the satisfaction of the outstanding fee being paid prior to the plans being presented to the City Commission for approval. STAFF RECOMMENDATION Based on the recommendation by the DRC, staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC and the waiver request to Section 6.14 (2) (c) (4) of the Land Development Code. DISCUSSION Vice Chair Golden inquired if the turn lanes were approved by a traffic study. Senior Planner Howell stated the turn lanes were required per the developer agreement and the traffic consultant did look over the length of the turn lanes and also agreed with it. Vice Chair Golden further inquired if the tree replacement calculation is in the plans or if that was something they just submitted to staff. Senior Planner Howell stated the tree replacement is 4:1 and they have worked pretty vigorously on the tree preservation for this project. Vice Chair Golden commented on the conservation easement and stated that he felt it should be stated somewhere that no clearing or any activity is allowed in the easement. Senior Planner Howell stated it is understood that there will be no clearing in the conservation easement and they do have a definition of conservation in the LDC and they have referred that definition to the applicant. Senior Planner Howell also stated that they will be closely monitoring the site during construction to make sure they stay out of that area. Further discussion ensued regarding the conservation easement and conditions attached to it. 2 Planning and Zoning Commission Meeting July 14, 2009 Member McKey stated he is concerned about the size of the vehicles that will be entering the site, time of arrival, and the frequency. Senior Planner Howell stated the drawings do show engineered truck sizes but the other questions he would have to refer to the applicant. Dan Hayes, Civil Engineer representing the owner, was present to answer any questions. Member McKey inquired about the truck size, frequency, and times of arrival. Mr. Hayes stated that in the plans there is a representation of the movements of the semi -trucks throughout the site. He further mentioned that there was a traffic study done by TPD and reviewed by the City consultant. Mr. Hayes stated this will not be a high usage area and most of the units they are proposing to sell as flex space. Member Mckey stated his concern is that they will have large commercial vehicles were it is mostly residential and that would impact the road. Further decision ensued regarding the impact to the roads and the traffic study conducted by the consultants. Vice Chair Golden stated on the storm water pollution prevention plan it shows a silt fence to stop any soil from going off -site around three sites and inquired why it does not show a silt fence along the drainage easement. Mr. Hayes stated in that area it slopes south and they are comfortable enough to say that the soil will not wash into the drainage easement. He further stated it is typical for the Water Management District to look at these areas and they do not require that if the topo is sloping away that a silt fence be put there. Vice Chair Golden stated he felt they would take more precaution because of the drainage easement. Mr. Hayes stated he does not feel it would be a big deal if that was required as a condition. The Public Hearing was opened for Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC. Vice Chair Golden stated he appreciates that they are working with staff on saving some of the trees but he notices on the north side there were some trees protected and some marked for removal. Mr. Hayes stated they did try to save many trees but if it was right in or near where the curb or pavement is to go it would most likely not survive so they marked it for removal. Further discussion ensued regarding trees and trying to save the trees they could. Vice Chair Golden commented that sheet TR-01 did not have a legend and asked if it could be added to the plans. The Public Hearing was closed for Preliminary/Final/Subdivision/Site Plan for FX Design Group, LLC. 3 Planning and Zoning Commission Meeting July 14, 2009 Vice Chair Golden stated he would like to add the additional condition of the silt fence to the motion. Vice Chair Golden, seconded by Member West, moved to recommend approval of the Preliminary/Final/Subdivision/Site Plan for FX Design Group. LLC; adding the condition that a silt fence demarcates the 50-foot Conservation Easement on the northern portion of the property. Motion carried 8-1 with Member Mckey opposing CHANGES TO THE OCOEE LAND DEVELOPMENT CODE Principal Planner Rumer gave a brief presentation on the proposed changes to the Land Development Code which would specifically define or list transfer stations in the permitted use regulations. The following would be inserted into the LDC: (259.1) Transfer Station: shall mean a site, the primary propose of which is to transfer waste from one (1) vehicle to another immediately from transport to a processing or disposal facility. It does not include green boxes, compactor units, permanent dumpster, and other containers from which such wastes are transported to a landfill or other solid waste management facility. Storage of waste in vehicles on site shall be prohibited. This definition falls in line with that of Orange County as well as listing the transfer station in the Special Exception 1-2 (General Industrial) zoning. DISCUSSION Member Rhodus inquired as to why the LDC changes have to come before the Planning and Zoning Commission since it seems to be an administrative clerical issue. City Attorney Rosenthal stated that this is an act to prohibit transfer stations in all zoning districts and only permit them as a Special Exception in the I- 2 district. He further stated with this amendment it will make it very clear that there will not be any ambiguity subject to interpretation or argument. Chairman Sills inquired if the city would be policing to make sure there is no onsite storage. City Attorney Rosenthal stated with the Special Exception it would come before this board for approval and recommendation and they could impose conditions of approval such as the one just mentioned. Vice Chair Golden stated he thinks that maybe their definition should refer to the state rules. City Attorney Rosenthal stated it is intentional that they do not specifically cite state rules because that would be a more narrowing definition, so if someone comes up with something that falls outside of the definition interpreted by the state our code may not be applicable. A brief discussion ensued regarding a particular transfer station that may/may not be permitted by the city. City Attorney Rosenthal stated that the issue they will be voting on tonight is strictly zoning. Member Campbell stated this is just the first step in the whole 4 Planning and Zoning Commission Meeting July 14, 2009 process and just by doing this they have latitude on where a transfer station can be placed. Development Services Shadrix stated that there is an ordinance circulating that the county has proposed that will provide, in absence of the city coming up with its own standards, a much higher level of regulation for these facilities. A brief discussion ensued regarding the definition and the containers listed. The Public Hearing was opened and as no one wished to speak, the Public Hearing was closed for Changes to the Ocoee Land Development Code. Member Campbell, seconded by Member Rhodus, moved to recommend approval of the proposed amendments to the Land Development Code. Motion carried unanimously. MISCELLANEOUS Development Service Director Shadrix stated they will be bringing before the board the CRA overlay, as well as they are in process of getting the E.A.R. drafted. One of the things they spoke about in the E.A.R. workshop was going green and staff wanted to know how they felt about packets being in digital format. Member West stated that would be a great idea and inquired if they would do digital copy of the plans too. Development Service Director Shadrix stated they could do that and it would allow them to either print plans themselves or if they preferred a large set they could request them from the City. Member Morris inquired if this would come in as a file or if it would be a link to a file that is on a server. Development Service Director Shadrix stated it could be set up both ways or they could set up a link just for the Planning and Zoning Commission where they could download them from that site. A brief discussion ensued regarding the digital format of the packets and going green. It was decided for the board members to think about it and they could make a decision at a later time. ADJOURNMENT The meeting adjourned at 7:51 p.m. Attest: APPROVED: Melanie Sibbitt, Deputy City Clerk Jim Sills, Chairman s ITEM NUMBER IV. A. PUBLIC HEARING CASA MIRELLA 1. Preliminary/Final Subdivision Plan/Site Plan For Phases II, III and IV Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT Commissioners Gary Hood, District 1 Rosemary Wilsen, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 TO: The Planning and Zoning Commission FROM: MicMumer, Principal Planner ' DATE: August 11, 2009 SUBJECT: Casa Mirella Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan Project # LS-2008-008 ISSUE: Should the Planning & Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan — Preliminary/Final Site Plan for Casa Mirella? BACKGROUND: The proposed Casa Mirella was approved as a Planned Unit Development (PUD) by the City of Ocoee in April of 2008, which consisted of 216 multi -family units, 85 ACLF units and up to 42,960 sq. ft. of commercial. Two retail buildings consisting of 26,960 sq. ft. have been constructed under a previous permit from Orange County. The remaining site contains approximately 22.88 acres. The subject property is located on the southwest corner of the intersection of Roberson Road and Maguire Road. The Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan proposes the construction of 16,000 square feet of retail and 216 multi -family units. 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 Rural (Orange Count A-1 Agriculture Sin le-Famil Residence / Vacant East Commercial / Low Density Residential PUD Commercial / PUD Low Density Meadow Ridge PUD Commercial / Single Family South Rural (Orange Count PD (Orange Count Single -Family Dwelling West Rural (Oran a Count PD (Orange Count Single -Family Dwelling DISCUSSION: Casa Mirella will be accessed via two access points that consist of a full access on Maguire Road, and a full access point along Roberson Road. Twenty feet of right-of-way on Roberson Road was dedicated under a re -plat of the parcel. All improvements to Roberson Road are The Planning and Zoning Commission Meeting Date August 11, 2009 Page 2 of 2 being incorporated into a separate plan to improve Roberson Road by the City. The applicant's engineer designed the Roberson Road improvements for the City and incorporated the Casa Mirella improvements into the plan. The subject property has been replatted into three lots; Lot 1 will contain 216 multi -family units in seven buildings, a club house and pool deck, and a majority of the on -site stormwater system. Lot 2 will contain a 16,000 sq. ft. commercial/retail building. Lot 3 will remain vacant and is not requesting site plan approval at this time. Lot 3 is permitted for an 85 unit Adult Living Facility. The City Commission approved a height waiver to the 35 ft. maximum height limitation for the Multi -family and ALF to a permitted height of 45 feet during the PUD process. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The proposed Casa Mirella site was reviewed by the Development Review Committee (DRC) on August 4, 2009. The Committee approved the Preliminary/Final Subdivision Plan — Preliminary/Final Site Plan subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. STAFF RECOMMENDATION: Based on the recommendation of the DRC, Staff recommends that the Planning and Zoning Commission recommend approval of the Preliminary/Final Subdivision Plan — Preliminary/Final Site Plan for Casa Mirella subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. Attachments: Location Map Zoning Map Aerial Map Planning Division Comments Engineering Department Comments Legal Department Comments Preliminary/Final Subdivision-Preliminary/Final Site Plan MIN ' 5-||| || |||||| || ||/ , `---|| ||||| All | --]��/J i| | |_L_��L-/// CO{yICT 0: 0000� r7 .1V� �%a a: '`— ""� y Ocoee Community Development Department 1 inch equals 1,062.831798 feet 340170 0 340 680 1,020 Feet Printed: August 2009 13 Subject Property Unincorporated Territory and Other Municipalties Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) ._' Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) Unclassified Lakes and Water Bodies ifrira�� ����n ► =,�1�� { I-1 '4 +k.. - it _ yf wya` i l� - - •'9f '$�• _" t" " --?f _ —:� - _ Q, Mix Zola w-gy t-' _ �; p -"`r6 whir 7 e'{ v(� �' '1] ir# 5>gt ° $ Ir`?. +ter" a i, e •� }f_ 7t '`,;-s' i1 't ¢i k,-t' '��; t +Y p ?c xll Y •. 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Keller, District 4 DATE: August 3, 2009 TO: Sherry Seaver, Development Review Coordinator FROM: Michael Rumer Principal Planner SUBJ: 3rd Review of Casa Mirella at Belmere Preliminary/Final Subdivision and Preliminary/Final Site Plan The Planning Division offers the following comments related to the current plan submittal. 1. The profile of the light poles provided, does not indicate the height. 2. Provide detail drawings and specification cut -sheets for any building -mounted light fixtures for the apartment and commercial building lighting. 3. The light manufacturer on the site plan profile is different then the manufacturer listed on the photometric plan. The lights shown on page SL-1 of the photometric plan indicate three (3) types. Provide a profile of each type. Acorn shaped light fixtures are not permitted in multi -family. The proposed lights do not meet code as they are not shielded or full cut-off luminaries incorporating flush -mounted lenses. 4. Please provide detailed plans for the trees to be added to Thornebrooke Avenue as part of this site plan. Trees to be shown in landscaping set. 5. The renderings of the proposed apartments submitted for Building permit #s08-0883, 0884, 0885, 0886, 0887, 0888, & 0889 do not achieve the desired look shown in the building renderings. The colored renderings of the apartments need to closely match those submitted for the building permit. The apartments are deficient in the following areas: the proposed apartments are not painted in multi -colors, the bay windows are not present, and the architectural details of the windows are missing. e Center of Good L I. Mayor ��Ivljl�, Commissioners S. Scott Vandergrift Gary Hood, District 1 Rosemary Wilsen, District 2 City Manager (10 Rusty Johnson, District 3 Robert Frank - - Joel F. Keller, District 4 Casa Mirella at Belmere— Preliminary/Final Subdivision Plan Review Large Scale Site Plan — 4th Staff Review Engineering Department Comments August 3, 2009 The following are the results of your fourth submittal for the above referenced project. If you have any questions pertaining to the requested information, please contact our office. 1. Resolved. 2. (Repeat Comment) A Site Lighting Plan which includes photometrics must be included in the plan set. Update the Sheet index on the Cover accordingly. Please see comments from July 8, 2009 listed below 3.-25. Resolved. 26. (Repeat Comment) Include an Irrigation Zone table for each meter which indicates the flow for each zone in GPM. This will insure the proper meter size has been specified depending on max flow and spread. There is still no zone table for the commercial irrigation plans. Revise the residential irrigation layout by combining zones as required to reduce the spread to approx. 40 GPM. If the residential peak flow is 80 GPM, a 1-1/2 inch meter will be adequate and have a reduced connection charge. This comment has not been addressed. Double up zones as needed within the residential development to reduce the spread to 40GPM. In the commercial development are all irritation heads to be run on one zone? Public Works Comments 1. Resolved. Comments based on the 2"d submittal received on May 15, 2009. L-3. Resolved. 4. (Repeat Comment) Where are the plans for the improvements to Roberson Road. The Casa Mirela Subdivision Plans need to show the widened Roberson Road or the improvements to Roberson Road to be completed if widening is not completed. 5. Resolved City of Ocoee - 150 N Lakeshore Drive - Ocoee, Florida 34761 Phone: (407) 905-3100 - Fax: (407) 656-8504 - www.ci.ocoee.fl.us Casa Mirella at Belmere August 3, 2009 Page 2 of 2 6. (Repeat Comment) Currently the plans indicate both irrigations systems are to be connected to the reuse main along Roberson Road. The reuse main along Roberson road may not be completed before the completion of this project. The residential irrigation system is now shown to connect to City Reuse main on Maguire at the southern portion of the property. The reuse main is on the east side of Maguire and that location would require crossing Maguire Road. There is currently a flinch reuse stub out located at the entrance off Maguire road for connection. Connection to this stub and leaving a stub -out for the undeveloped property will eliminate the need to cross Maguire Road. T-8. Resolved. Comments based on the 3rd submittal received on August 3, 2009. 1. Please add a note to both the residential and commercial irrigation plans indicating all irrigation pipe and heads are to be purple. Comments based on the 1st submittal of the Lighting Plan dated July 8, 2009. 1. (Repeat Comment) Show the site utilities to insure there are no conflicts with the light pole locations. Shade the utilities back. At the scale of the submitted lighting plan, it is not possible to see any conflicts. Add updated photometrics and lighting to previously submitted multi -sheet lighting plan which was a much larger scale. 2. (Repeat comment) Modify the lighting plan to include sufficient lighting along Roberson Rd to light the sidewalk along the property line. This appears to be addressed, however, please add updated photometrics and lighting to previously submitted multi -sheet lighting plan which was a much larger scale. 3. (Repeat Comment) Add or relocate lighting as necessary to provide ample lighting to light the entrance off of Roberson Rd. The entrance off Roberson Road is not shown in detail on the submitted lighting plan 4. (Repeat Comment) Provide the existing photometrics as part of the Belmere Commercial development to show the internal roadway has sufficient lighting. The internal roadway is not shown on the submitted lighting plan. 5. Provide ample lighting in the area of the sidewalk loop and connection to Maguire Road on the south eastern portion of the site. This appears to be addressed, however, please add updated photometrics and lighting to previously submitted multi -sheet lighting plan which was a much larger scale. Engineering Department Ryan P. Howard, P.E. Engineer II 00 FOLEY ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FL 32801-2386 X 2193 FOLEY & LARDNER LLP ORLAN O,FL ORLANDO, FL 32802-2193 407.423.7656 407.648.1743 FAX WWW.FOLEY.COM U- CLIENT-MATTER NUMBER 020377-0894 TO: Sherry Seaver, Development Review Coordinator FROM: Dorothy E. Watson, Assistant City Attorney CC: Paul E. Rosenthal, City Attorney DATE: August 3, 2009 RE: Casa Mirella at Belmere Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan Project No.: LS-2008-008 (Third Review) In connection with the above -referenced project, we have reviewed the following documents: 1. Response letter from Donald W. McIntosh Associates, Inc. dated July 16, 2009 (the "Response Letter"); and 2. Preliminary/Final Subdivision Plan and Preliminary/Final Site Plan for Casa Mirella stamped received by the City May 15, 2009 (the "Plan"). This memorandum supersedes our previous memoranda dated October 20, 2008 and June 16, 2009. Based on our review of the documents noted above and pursuant to the Land Development Code, we have the following comments: I. Comments Directed to Citv Staff The follol4)ing comments are addressed to and/or request direction from City Staff and, unless otherlidse noted, do not require any response from the Applicant. None at this time. II. Repeat Comments ORLA_1395330.1 IONFOLEY POLEY & LARDNER LLP The following comments here included in the City 4ttorney's prior memorandum regarding the Plan, holvever, they here not filly addressed as part of the Applicant's current submittal. 1. [Revised Comment] Please revise the Plan to include a Lot and Tract Layout sheet consistent with the approved plat for Casa Mirella. We note that the Plan currently includes a phasing sheet, but no Lot and Tract layout sheet consistent with the approved plat for Casa Mirella. Please revise the Plan to include a Lot layout sheet with your next submittal. On this sheet, please depict all tracts, if any, and include on this sheet a Tract Ownership and Maintenance Matrix (the "Tract Matrix") that identifies the purpose of each tract, and indicates who will own and maintain each tract. 2. [Revised Comment] Please delete the existing Tract Matrix from Sheet 16. 3. [Revised Comment] We note that the Response Letter indicates that all areas within Lot 1 are common areas to be owned and maintained by the Property Owners Association and that the developer shall provide legal descriptions for "any areas needing special attention or agreements." To the extent that the Applicant prefers to convey improvements to the Property Owners Association by deed rather than by dedication upon a re -plat of the Property, please provide legal descriptions of all improvements required to be owned and maintained by the Property Owners Association pursuant to the Conditions of Approval (including, but not limited to retention ponds and common entrance drives) for our review and approval. Furthermore, please provide a draft deed conveying these improvements to the Property Owners Association. For your convenience, attached please find a form of deed acceptable to the City 4. [Repeat Comment] Please revise all labels referring to the Roberson Road right- of-way tract throughout the Plan to remove the word "proposed" and to include the following information: Tract AA Roberson Road Right -of -Way Plat of Casa Mirella PB 72, PGS 124-126 We note that Sheet 7 was revised in accordance with this comment. However, please revise Sheet 16 to replace the reference to "R/W Dedication" with the above. 5. [Repeat Comment] We note that page numbers L-1 through L-4 are used for two different sets of landscape plans. Please revise the numbering of the landscape plans so that each page has a unique page number. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 6. [Repeat Comment] We note that the Table of Contents indicates that there are two sets of landscape plans — a "Commercial Landscape Site Plan" and a "Residential Landscape ORLA_1395330.1 ONFOLEY POLEY & LARONER LLP Site Plan." However, we note that the titles appearing on the sheets themselves only refer to a "Landscape Site Plan." Please revise the titles appearing on the documents themselves and in the Table of Contents so that they are consistent with each other and reference the phases to which the landscape site plans apply. For example, the current "Commercial Landscape Site Plan" should now be referenced as "Phase II Landscape Site Plan" on the sheets themselves and in the Table of Contents. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 7. [Repeat Comment] We note that sheets L-1 through L-4 of the Commercial Landscape Site Plan indicate that they are site plans for "Belmere." Please revise these sheets to reference Casa Mirella instead of Belmere. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 8. [Repeat Comment] We note that the Table of Contents references a Photometric Plan appearing at page SLP-1 and a Site Lighting Details Sheet appearing at page SLP-2. However, we note that no such sheets were included with the Plan provided to us. Please include these sheets with your next submittal. 9. [Repeat Comment] We note that COA #44 requires the Plan to include Master Architectural, Signage, Lighting and Landscape Package Plans. Please provide these items with your next submittal, or indicate which Plan sheets satisfy these requirements. 10. [Repeat Comment] Please revise Sheet 3 of the Plan (Conditions of Approval) to include the following subheaders: a. Before COA #1, insert subheader "Per Annexation and Development Agreement (Belmere Planned Development) (ORB 9741/ PG 8367)." b. Before COA #58, insert subheader "Additional Conditions of Approval." Please note that any new conditions of approval should be added after COA #58. 11. [Revised Comment] Please add the following Additional Conditions of Approval to Sheet 3 of the Plan after COA#58: 59. This Preliminary/Final Subdivision Plan shall constitute the "Amended Preliminary Plan" referenced in the Conditions of Approval set forth in the Annexation and Development Agreement (Belmere Planned Development) (ORB 9741/ PG 8367)and shall supersede the Approved Preliminary Plan described therein. 60. Approval of this Plan does not constitute Site Plan approval for Casa Mirella Lot 3. A separate site plan will be required in connection with the development of this lot. ORLA_1395330.1 ONFOLEY FOLEY & LARDNER LLP 61. The existing Temporary Sanitary Sewer Easement granted by that certain Declaration of Easements located at ORB 8566, PG 4460, as amended by the First Amendment to Declaration of Easements located at ORB 9574, PG 4219 shall be terminated at the time the permanent sanitary sewer lift station is constructed on Lot 1 and Maguire Shoppes II, LLC is permitted to tie into a gravity line appurtenant thereto. 62. If Lot 2 is developed to include a daycare facility, then the play area depicted within that phase shall be built as depicted on the Plan. However, if Lot 2 is developed as retail/commercial space without a daycare component, then the Developer shall not be required to construct the play area and the area currently shown as a play area would be developed as open space. 63. Conditions of Approval #21, 22 and 57 are hereby deleted. 12. [Revised Comment] Please revise Sheet 4 of the Plan as follows: a. Under "Phasing" replace "as many as 5 phases. See table below" with "in accordance with Phasing Schedule below" b. Replace "Existing Oranue County. Zoning" with "Existing Ocoee Zoning" C. Please insert "Orange County" before "PD-Planned Development" d. Under "Open -Space," please replace "Total Parcel" with "Phases II — V" e. Under "Open Space," please delete "for the overall project parcel" f. Under "Land Uses," please insert "Phases I & II" before " Commercial," "Phases III & IV" before "Multi -Family" and "Phase V" before "Assisted." g. After the last paragraph under "Phasing," please insert the following text: Water and wastewater infrastructure for Phases II, III, & IV will be constructed in one phase with the initial phase of construction. Water and wastewater infrastructure for Phase V may be constructed concurrently with Phases II, IV & V or may be constructed as an independent phase following completion of the infrastructure for Phases II, III & IV. Storm water infrastructure for Phases II, III, & IV will be constructed in one phase with the initial phase of construction. Storm water infrastructure for Phase V may be constructed concurrently with Phases II, III & IV or may be constructed as an independent phase following completion of the infrastructure for Phases II, III & IV. ORLA_1395330.1 ONFOLEY FOLEY & LARDNER LLP Please also delete the corresponding paragraphs from the bottom of the sheet. h. Please replace "Land Use Type 1" with "Phases I & II" Please replace "Land Use Type 2" with "Phase V" j. Under "Land Use Type 2," please replace "Final Design" with "Final Site Plan" k. Please replace "Land Use Type 3" with "Phases III & IV" 1. Above the line that begins "One Community ..." please insert the subheader "Conditions of Approval for Phases III and IV" in. Please revise the line that begins "One Community ..." to delete the phrase "for this project" and to replace "it is anticipated that this facility will provide for" with "and" n. Please revise the line that begins "Amenity areas ..." to replace "may" with "shall" o. Above the line that begins "Benches, Bike Racks ..." please insert the subheader "Conditions of Approval for Phases II, III, IV & V" P. Please revise the waiver table to indicate that it was previously approved per the Annexation and Development Agreement for Belmere Planned Development (ORB 9741/ PG 8367) and that no new waivers are requested. q. Please insert "Phases III & IV" before "Multi -family" at the top of the Sheet r. Please insert "Phases I & II" before "Retail/Commercial Parking Summary" S. Please revise the last sentence under "Retail/Connillercial Parking Sununary" to read "Applicant shall execute and record a Declaration of Cross Parking Easement for Maguire Shoppes II Lots 2 & 3 and Casa Mirella Lot 2 with a joinder by CVS as lessee of Maguire Shoppes II Lot 2 and any other necessary entities" We note that the above comments have not been addressed in the Plan. Generally, the revisions to the above comments reflect the change in phase numbering effected by the most recent submittal. Please address the above comments in your next submittal. 13. [Repeat Comment] We note that throughout the Plan specific infrastructure is labeled as being the responsibility of "Others." However, as we note that this is the Preliminary/Final Subdivision Plan, the responsibility and phasing of all features must be specified in the Plan. Accordingly, please delete all references to "others" throughout the Plan. ORLA_1395330.1 ONFOLEY FOLEY & LARDNER LLP For each feature so labeled, please indicate the party responsible for construction and/or as pant of which Phase the element will be constructed. We note that the Response Letter indicates that all sheets have been revised according to this comment. However, many of the sheets affected by this comment have not been included with this submittal. Accordingly, please ensure that all references to "Others" have been revised from all sheets prior to the next submittal. 14. [Repeat Comment] We note that Sheets L-1 and L-2 of the Commercial Landscape Site Plan depict what is labeled as "Moore Road," but what is, in fact, Roberson Road. Please revise these sheets to correct the labels of the depicted street. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 15. [Repeat Comment] Please revise Sheet L-4 of the Commercial Landscape Site Plan to correct the spelling of "mutual" in item 1.6(B). We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 16. [Repeat Comment] Please revise Sheet L-1 of the Residential Landscape Site Plan to reference the phases to which it applies in the title of the document. We note that the Response Letter indicates the landscape plan will be submitted under separate cover. However, we note that we have not received the landscape plan at this time. Accordingly, please address this comment in your next submittal. 17. [Repeat Comment] We note that the Applicant has submitted the Easement Agreement for our review. However, we note that because Lots 2 & 3 of Maguire Shoppes II and Lot 2 of Casa Mirella are under common ownership, a Declaration of Cross Parking Easement shall be required instead of an easement agreement. If the applicant wishes to submit the Easement Agreement to us in Word format, we would be happy to modify the document to comply with this requirement Otherwise, please submit a draft Declaration of Cross Parking Easement for our review and approval with the next submittal. Please also note the following requirements for the Declaration of Cross Parking Easement (the "Parking Easement"): a. The Parking Easement must be in recordable form. b. The Parking Easement must encumber Lots 2 & 3 of Maguire Shoppes II and Lot 2 of Casa Mirella C. The Parking Easement must be accompanied by a joinder from CVS as lessee and all mortgage holders. d. The Parking Easement must be enforceable by the City. ORLA_1395330.1 FOLEY FOLEY & LARDNER LLP e. The Parking Easement must contain a provision that prohibits its amendment, modification, or termination without the written consent of the City. f. The Parking Easement must reference as exhibits both the Site Plan for Casa Mirella Lot 2 and the site plan for Maguire Shoppes II, Lots 2 & 3. We note that the Response Letter indicates that the Declaration of Cross Parking Easement will be provided under separate cover. However, we note that we have not received the Declaration of Cross Parking Easement for review at this time. Accordingly, please address this comment in your next submittal. 18. [Revised Comment] Please provide a current title report or attorney's title opinion (the "Title Report") that references the legal descriptions for: (a) Casa Mirella, (b) Maguire Shoppes II, Lot 2, and (c) Maguire Shoppes II, Lot 3. The Title Report should identify the record owner(s) of the subject property and list all mortgages, easements and/or other encumbrances affecting the subject property. In addition, please provide copies of all documents referenced in the Title Report. We may have further comments after our review of the Title Report. Please note that we previously requested a title report only of Lot 2 of Casa Mirella. However, because the Developer will not be re -platting the property, the City Attorney will need a title report regarding all of Casa Mirella as well as the lots of Maguire Shoppes II described above so that we may adequately review the documents requested in items 424 and 25 below. Please provide the requested Title Report with your next submittal. III. Comments in Response to New Plan The folloiOng comments are based on changes made to the Plan since the Applicant's prior submittal or relate to nely information or documents that have been Provided since Applicant's prior submittal. 19. It is our understanding that the Developer will not re -plat the property prior to construction of the improvements. Our comments are based on this understanding. Should the Developer decide to re -plat the property rather than to make required conveyances by deed and easement, additional comments may apply and some of the continents below may not be applicable. 20. We note that the Response Letter indicates that the Applicant will be providing detailed plans for the trees to be added to Thornbrooke Avenue under separate cover. Accordingly, please delete COA #59 from Sheet 2 of the Plan. 21. We note that the Response Letter indicates that the Applicant will release certain existing easements and execute new easements based upon the current layout of Phase III. Please provide draft easement termination documents and new draft easement documents for our review and approval with the next submittal. ORLA_1395330.1 FOLEY FOLEY & LARDNER LLP 22. We note that phase lines depicted on Sheet 7 do not match the phase lines depicted on Sheet 7A. Please revise the depiction of the phase lines so that they are consistent. 23. We note that Sheet 7A depicts a phase line surrounding a portion of Roberson Road. It is our understanding that the Roberson Road improvements will be considered and approved independently of this plan. Accordingly, please revise Sheet 7A to move the phase line for Phase 11 so that Phase 1I does not include the Roberson Road improvements. 24. Since the property is not being re -platted, the Articles of Incorporation and By- laws for the property owners association will need to be approved by the City prior to approval of the Plan. Accordingly, please provide drafts of the Articles of Incorporation and By-laws for the property owners association to the City for review at this time. Please note that, following City approval, the Articles of Incorporation and By-laws must be signed and notarized so that they can be recorded in the Public Records of Orange County, Florida as required by § 720.303(1), Florida Statutes. 25. Since the property is not being re -platted, the Declaration of Covenants and Restrictions for the property will need to be approved by the City prior to approval of the Plan. Accordingly, please provide a draft of the Declaration of Covenants and Restrictions for the property to the City for review at this time. Please note that the Declaration must have a legal description that is identical to the Plat legal and the Title Opinion legal and must have a joinder and consent executed by all mortgage holders. In addition, the Declaration must have the following provisions: a. All provisions required by COA #34 b. Provision requiring that any development of the property comply with the Master Architectural, Signage, Lighting and Landscape Package Plans attached as part of the Final Subdivision Plan. 26. Please add the following additional Condition of Approval: 64. The Declaration of Covenants, Conditions and Restrictions for Casa Mirella shall be recorded at the time of Final Subdivision Plan approval. Please do not hesitate to contact me should you have any questions. cc: Paul E. Rosenthal, Esq., City Attorney ORLA_1395330.1 A. Project StatusUpdate Current Projects PROJECT NO. TYPE OF SUBMITTAL DATE RECEIVED REVIEW ER SUB- MITTAL STATUS I NUMBER Wall Signs (2), illuminated Pinnacle Trim, 7 Arby's Restaurant (Town Square Shopping Commercial Awnings, 1 Illuminated Trim APPROVED Center) lReview 07/28/09 __AF 1st 7130/09 Sm Scale P/F AutoZone Ocoee SS-2009-003 Site Plan 05/18/09 BH 2nd APPROVED 6/25/09 Commercial �APPROVED AutoZone (Olympia PUD) I Review 06/09/09 AF 1st 7/28/09 Commercial Bodywrap by Zee (Meadow Ridge Commercial) Review j -_ 05/21/09 BH 1st Interior Alteration APPROVED 06/04/09 PiF—Subdivison Plan & P/F site Casa Mirella at Belmere LS-2008-008 Plan 05/15/09 MR 2nd Comments pending ­ - - - - _­ - __ ___ _- ___ __ ___ - ____ Casa Mirella Apartments (fka Maguire Shoppes � - ­ __ Commercial New Apartment Building (Type 11) 36 units 06/04109 MR I st DENIED 6/17/09 ------ II) Casa Mirella Apartments (fka Maguire Shoppes -,Review-,- Commercial New Apartment Building (Type I ) 24 units Review 06/04/09 MR 1st DENIED 6/17/09 Casa Mirella Apartments (fka Maguire Shoppes Commercial Review 06/04/09 MR 1st Clubhouse - - ----- Commercial Dr. Castello, 1173 Blackwood Ave Revie - w -_ 06/17109 AF 3rd Wall Sign Non -Electrical APPROVED 6/17/09 Citrus- -Medical—&- Executive Office Park (Dr. Commercial Review BH I st wall Sign Non -Electrical APPROVED 6/09/09 Hettinger) Citrus me-d`ical Executive Office Park (Dr. __06/05/09 Commercial Street Blade Directional Sign Non -Electrical Hettinger) Review 06/17/09 BH 2nd APPROVED 6/18/09 --- -- -- alty- Place at Maguire (fka Professional Parkway Rezoning to Town Center) RZ-08-03-03 PUD 12/18/08 AF 3rd sent out on 2/5/09 Staff comments se - P/F Small Scale Crystal Investment Business Plaza SS-2008-004 Site Plan 04/27/09 BH 2nd Comments sent out 6/3/99 cvs Pharmacy Commercial Belmere Review 08/03/09 AF 1 st Wall Sign APPROVED 8/03/09__ Commercial Diplomat Tower Review j 07/10/08 AF 1 st New 3 Story Office Building DENIED on 8/5/08 Current Project Status2.xIs/Review 8/512009 1 of 3 Current Projects PROJECT NO. TYPE OF SUBMITTAL DATE RECEIVED REVIEW ER SUB - MITTAL STATUS NUMBER Preliminary Eagle Creek of Ocoee LS-2009-002 Subdivision Plan 06130/ 09 i BH I st Staff comments due 8/03/09 Annex, Rez & 1 1 Waiting on JPA Amendment to process to City East Crown Industrial AX-07-07-1 0 CPA 02/25/08 MR 2nd Commission Small Scale Site Fifth Third Bank (at Good Homes Plaza) SS-2008-002 Plan 11/17/08 AF _2nd Staff Comments sent out on 12/10108 Commercial Canopy by Receiving Bldg APPROVED Florida Auto Auction Review 04/301 - 09 AF - 1 - st 5/04/09 Preliminary/Final F/X Warehouse Complex LS-2007-023 Site Plan 05/11109 BH 4th Scheduled for City Commission on August 18th Commercial Front Wall Tower & Wall Sign APPROVED Hardees Restaurant Review 07/17/09 AF 2nd 7/27/09 Commercial Laser Fun Zone (Village Marketplace) Review 07/15/09 AF 2nd Signage APPROVED 7/15/09 Marshall Farms Business Center LS-2009-003 Final Site Plan 07115/09 AF 1st Staff Comments due 8/17/09 Preliminary/Final Ocoee Carrier Annex Courtesy Review Site plan 02/05/09 AF 5th Legal Documents Pending Commercial 2 Modular Buildings/Small Scale Site Plan Ocoee Oaks United Methodist Church Review -----06/10/09 _BH 1-st APPROVED 6/19/09 Commercial Ocoee Oaks United Methodist Church Review 07114/09 BH 3rd APPROVED 7/24109 Commercial Reserve at Meadow Lake Review 07/14/09 BH 1 st Subdivision Fence (vinyl) APPROVED 7/15109 Revisions to Reserve at Meadow Lake (fka Prairie Lakes - Final Subdivision Tract A) Plan LS-2006-001 07/22/09 BH I st Revision APPROVED 8/3/09 Current Project Status2.xIs/Review 8/512009 2 of 3 Current Projects PROJECT O. TYPE OF SUBMITTAL DATE RECEIVED REVIEW ER SUB - NV STATUS MBE NUMBER SS-2008-005 Small Scale Site RZ-08-11-09 Plan & Rezoning Shoppes at the Village CPA-2008-005 SSCPA _ 07/01/09 AF 2nd Staff Comments due 8/03/09 — — Commercial Multi -Tenant Monument Sign APPROVED Shoppes of West Oaks Review 06/17/09 AF___ 1 st 06/23/09 Small Scale Site Silver Ridge Crossing SS-2008-003 Plan 06/04/09 AF ---- ------ 3rd --- --- Comments pending -- --- --- - Commercial Silver Ridge Crossing Review - 01/20/09 AF -1st New Construction Shell Building Commercial Trilobyte (Sherman's) Review 08/04/09 BH 2nd-_ Wall Sign - Annexation, Rezoning, & AX-05-08-25 Large Scale RZ-08-09-06 Preliminary West Colonial Parcel (Walia) LS-07-021 Subdivision Plan 10/23/08 BH 6th On Hold until Joinder &Consent is executed Current Project Status2.xls/Review 8/5/2009 3 of 3 Sun Mon Tice Wed Thu 2 City Commission 6 i--iRDB 7:15 p.m. 7 p.m. @ Comm. Chambers @ Comm. Chambers 10 1 n1a ns.Enng a 12 13 CACOFD zonin- Commission BudgetVVorksliop 7 p.m. 7 p.n. 6 p.m. @ Fire Station One P. Comm. Chambers @ Comm. Chambers C o In. n, _icy G f z 8/18 Agenda Items Due 8/18 Staff Reports Due to to City Clerk City Manager 7 p..,i--. 8/18 Agenda @ Comm. Chambers Published 26 17 18 City Commission 19 20 7:15 p.m. "nifi-ne"Lion @ Comm. Chambers 110; f 1-1-caring 3oard �--n siCii 7 p.m. (tentative) @ Comm. Chambers Budget Workshop 6 p.m. All (@ Comm. Chambers 23 24 First Day of 25 Code Enlorc2ment 26 27 CACCPD School (®CPS) Board 7 p.m. hnrter 7 p..rn. @ Comm. Chambers 3onrrDi 6 p.m. @ Comm. Chambers @ Conun. Chambers 9/01 Agenda 9/01 Agenda Items Due 9/01 Agenda Items Due to Published to City Cleric City Clerk 30 31 VA 14 w N I w N Sat