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HomeMy WebLinkAbout2008 02 11 Regular 600.2 West End Center Phase I COMMISSION AGENDA ITEM 600.2 Consent Information Public Hearin2 Re2ular X February II. 2008 Meeting MGR. ) ~ /Dept. J/j/ . REQUEST: The Public Works Department requests the City Commission validate the staff recommendation finding the West End Center Phase I site to be built in substantial accordance with the Final Engineering plans and to accept the potable water and sanitary sewer infrastructure for ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request the City Commission validate the staff recommendation finding the West End Center Phase I site to be built in substantial accordance with the Final Engineering plans and to accept the potable water infrastructure for ownership and maintenance per Section 9-178 in order for Certificates of Occupancy to be issued. APPLICABLE CODE: Section 9-178. Required Improvements to be completed prior to building on lots; exceptions. (c) Where the building official has an authoritative method of assurance that the improvements will be completed in accordance with approved plans, such as withholding occupancy, the building official may issue building permits upon advising the developer that all or partial occupancy will be restricted until satisfactory completion of the improvements has be accomplished. (d) ... Certificates of occupancy will not be issued until all improvements are accepted by the city commission. CONSIDERATIONS: . The site is located on the south side ofS.R. 434, west of McLeod's Way, immediately west of Jesup's Reserve. 021108_ COMM _Regular _600.2_ West End Center Site Acceptance February 11,2008 Regular Agenda Item #600.2 Page 2 . West End Center Phase I consists of a new 24,390 SF office building and related site infrastructure and landscaping improvements. . The electrical switchgear currently located at the front ofthe site near the northeast comer of the plaza area is being relocated to the back of the building. The switchgear is being relocated at the expense of Progress Energy and the developer. . The overhead utilities running across the property's S.R. 434 frontage have been buried as required by the Developer's Agreement executed on December 11, 2006. The remaining utility poles will be removed by Progress Energy. . The December 11, 2006 Developer's Agreement required the developer to construct a total of six seat walls around the trees located in the front plaza area. The January 8, 2007 Modification to the Developer's Agreement provided the developer an option to substitute the middle two seat walls with a "significant sculpture or fountain at the front entrance of the building." To date, the middle two seat walls have not been constructed, and a sculpture or fountain has not been substituted. This issue is being addressed in agenda item 600.1 at the February 11,2008 City Commission meeting. FINDINGS: 1) The site has been constructed in substantial accordance with the Final Engineering plans approved by the City Commission on August 14, 2006, except as noted below on the recommended conditions of approval. 2) All City agencies have found the work to be acceptable, except as noted below on the recommended conditions of approval. 3) The engineer-of-record has certified the sitework and provided a draft set of record drawings. 4) The developer has provided a two-year letter of credit for the water and sewer utilities being turned over to the City for ownership and maintenance. 5) All utility and sidewalk easements have been dedicated at Seminole County. 6) The FDEP sanitary sewer clearance applications have been approved by the City and submitted to FDEP by the developer. FDEP approval must be obtained prior to a Certificate of Occupancy. 7) The Florida Department of Transportation has inspected and accepted the work completed in the S.R. 434 right-of-way. 021108_ COMM _Regular _600.2_ West End Center Site Acceptance February 11,2008 Regular Agenda Item #600.2 Page 2 RECOMMENDED CONDITIONS OF APPROVAL: The following items are necessary to complete prior to a Certificate of Occupancy: I) SatisfY all conditions related to the omission of the middle two seat walls as determined in agenda item number 600.1. 2) Obtain FDEP sanitary sewer clearance. 3) Remove existing utility poles. 4) Provide a final set of record drawings. RECOMMENDATION: Staff recommends that the City Commission validate the staff recommendation finding the West End Center Phase I site to be built in substantial accordance with the Final Engineering plans and to accept the potable water and sanitary sewer infrastructure for ownership and maintenance, subject to the conditions of approval listed above. IMPLEMENT A TION: The Certificate of Occupancy can be issued after Commission approval and satisfaction of all conditions of approval. ATTACHMENTS: None CITY COMMISSION ACTION: 021108_COMM_Regular_600.2_ West End Center Site Acceptance