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HomeMy WebLinkAboutIII (G) Public Hearing: Case No DRI-2-9-93: Developement of Regional Impact for Adoption of Development Order A(ir:NMA 1 Lb-9 Item III G "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" N"-' - vronena �vsyc^ Ocoee ; S.SCOTT VANDERGRIFT 4 � � O O COMMISSIONERS • • .. CITY OF OCOEE RUSTY JOHNSON w J1 a. PAUL W.FOSTER 150 N.LAKESHORE DRIVE SCOTT A.GLASS ? • OCOEE,FLORIDA 34761-2258 JIM GLEASON *So MVV � (407)656-2322 CITY MANAGER Of GOOD N.‘ CITY SHAPIRO SRP-467 STAFF REPORT DATE: January 20 , 1995 TO: The Honorable Mayor and City Commiss ' oners FROM: Russ Wagner, Director of Planning SUBJ : Lake Lotta Center DRI Development Order Case No. DRI-2-9-93 ISSUE : Should the Honorable Mayor and City Commissioners approve the proposed Development Order for the Lake Lotta Center DRI (bearing print date of January 20 , 1995) in Case No. DRI-2-9-93? BACKGROUND : The Lake Lotta Center DRI Application for Development Approval was submitted for initial review on September 24 , 1993 . The owner , Lake Lotta, Ltd. , also submitted two sufficiency responses to the Application for Development Approval as supplemental information . These materials were extensively reviewed by City Staff , Orange County , the Regional Planning Council and various State agencies . On April 20 , 1994 , the Regional Planning Council adopted a Recommended Development Order for consideration and inclusion in the Final Development Order to be issued by the City of Ocoee. This Recommended Development Order was previously provided to the Planning and Zoning Commission and City Commission for their review . In accordance with Chapter 380 , Florida Statutes , on April 14 , 1994 the Planning and Zoning Commission held an advertised public hearing on the proposed development of regional impact and continued that public hearing to a date to be determined . On May 2 , 1994 , the City Commission also held an advertised public hearing on the proposed development of regional impact and also continued that public hearing to a date to be determined. A Special Meeting of the City Commission has been scheduled to continue and reopen the public hearing on the proposed development of regional impact . CAC Lake Lotta Center DRI Development Order January 20 , 1994 Page 2 In response to public comments , the owner of the Lake Lotta Center voluntarily amended their DRI application so as to substantially reduce the amount of retail development being proposed. During the intervening period, City Staff has worked with the owner to fashion a development program and conditions of approval (both regional and local ) which ensure that the project will not adversely impact City services , natural resources and financial capabilities . Attached hereto is a copy of the proposed Development Order for the Lake Lotta Center DRI which was approved and recommended by the DRC and the Planning and Zoning Commission. In order to assure that the Lake Lotta Center DRI is properly coordinated with the Lake Lotta Mall DRI , the Florida Department of Community Affairs has required the developers to enter into a formal processing agreement which stipulates that all impacts related to transportation facilities , low income housing, air quality , wildlife, vegetation and wetlands be considered jointly . Attached hereto is a copy of the Lake Lotta DRI Processing Agreement . Additionally, the proposed Development Order is being considered in combination with a proposed Comprehensive Plan Amendment providing for a Future Land Use Map change , as well as with a rezoning of the property to Planned Unit Development providing for a new Land Use Plan. The proposed Comprehensive Plan Amendment (Case No . CPA-2-9-93 ) was previously approved by the Planning and Zoning Commission on May 12 , 1994 and subsequently approved by the City Commission on May 26 , 1994 for transmittal to the Department of Community Affairs . ANALYSIS : The proposed Lake Lotta Center DRI Development Order provides for the development of a retail enter , 200 multi-family dwelling units and 151 single family dwelling units . The project is planned to be developed in two phases on three parcels encompassing 99 . '_'5 acres . The chart below summarizes the proposed development program. PHASE I ,„ PHASE II LAND USE ( 2002) 1 ( 2005 ) TOTAL RESIDENTIAL HIGH DENSITY 20C D .U . 200 D .U . LOW DENSITY 151 D .U . 151 D.U. !i RETAIL • 275 , 000 GLA ; 275 , 000 GLA ( 288 , 200 GSF) , ( 233 , 200 GSF) D .U . = Dwelling Units GLA = Gross Leasable Area in Square Feet GSF = Gross Square Feet Lake Lotta Center DRI Development Crder January 20 , 1994 Page 3 Allowable uses for the retail development incorporate all uses permitted under the C-2 Zoning District , except for a number of uses which are prohibited from development including gasoline stations , automobile sales , commercial convenience stores with or without gas sales , equipment sales , drive-in restaurants with no inside seating, miniature golf courses , pawn shops , and funeral homes . Up to a total of 1 , 650 parking spaces will be provided, depending upon the actual retail uses developed on the site . In addition to identifying the size and type of development which may be permitted, the proposed Development Order also stipulates how the various impacts generated by the project will be mitigated. This includes identification of initial transportation improvements which must be accomplished prior to completion of Phase I as well as an extensive traffic monitoring and modeling program which must be undertaken to identify roadway and intersection improvements needed to permit development of Phase II of the project . Specifically, the proposed Development Order calls out for cash contributions from the owner to permit the City to reduce the curvature of White Road just west of Clarke Road. It also specifies additional rights-of-way to be dedicated for future improvements to Clarke Road and White Road. Other matters covered in the proposed Development Order include provisions pertaining to wildlife management , wetland conservation, management of stormwater, low income housing, transit , ridesharing, pedestrian and bicycle circulation, water and sewer service , impact fees , vested rights and concurrency, as well as miscellaneous legal provisions generally provided in such documents . The proposed Development Order also prohibits down zoning , unit density reduction or intensity reduction for 15 years . The owner of the project has 7 yea:s to substantially proceed with development . The buildout for Phase I is 2002 and the `buildout for Phase II is 2005 with project buildout being 2005 . The proposed Development Order terminates on November 30 , 2009 . However, it will terminate earlier if the Lake Lotta Mall DRI does not move forward within years . The proposed Development Order also includes Findings of Fact and Conclusions cf Law. The proposed Development Order does not become effective upon adoption. It must be transmitted to the Department of Community Affairs and an appeal may be taken during the following 45 days . Also, Ordinance Nc . 95-01 must become effective before the proposed Development Order can become effective . i Lake Lotta Center DRI Development Order January 20 , 1994 Page 4 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held a Special Meeting January 12 , 1995 to conduct an advertised Public Hearing on the Lake Lotta Center DRI Development Order (see attached draft minutes) . After hearing presentations from the developer and staff and receiving input from a variety of citizens , the Commission deliberated primarily on issues pertaining to traffic, stormwater management , and landscaping . On a unanimous vote, the Planning and Zoning Commission found the proposed Development Order for the Lake Lotta Center Development of Regional Impact to be consistent with the Ocoee Comprehensive Plan, as proposed for amendment in Case No . CPA-2-9-93 and recommended that the City Commission approve said Development Order subject to the adoption of the aforesaid Comprehensive Plan Amendment in Case No . CPA-2-9-93 . STAFF RECOMMENDATION : In prior action on December 22 , 1994 , the DRC also approved the proposed Lake Lotta Center Development Order subject to a number cf final changes which ha e been incorporated. Accordingly, Staff respectfully recommendsfthat the Mayor and City Commission find the Development Order for alae Lotta Center Development of Regional Impact (bearing print date of January 20 , 1995 ) to be consistent with the Ocoee Comprehensive Plan, as proposed for amendment in Ordinance No . 95-01 and Case No . CPA-2-9-93 , and approve said Development Order, authorizing execution thereof by the Mayor and City Clerk and furthering authorizing the Mayor and City Clerk to execute the Notice of Adoption of DRI Development Order for the Lake Lotta Center Development of Regional Impact as attached herewith, and authorizing the Diriector of Planning to transmit said Development C_:'e. t: t :z Department of Community nity A ffai:s . REW%emk Attachment LAKE LOTTA DRI PROCESSING AGREEMENT THIS AGREEMENT is entered into this . 202, day of ///pveM.kr, 1994, by and between LAKE LOTTA, LTD. , a Florida Limited partnership ( "LAKE LOTTA" ) , HOMART DEVELOPMENT CO. , a Delaware corporation ( "HOMART" ) , and the STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS ( "DCA" ) pursuant to Section 380 .032 (3) , Florida Statutes. RECITALS 1. DCA is the state land planning agency having the power and duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes, which includes provisions relating to developments of regional impacts ( "DRIs" ) . 2 . LAKE LOTTA is presently the owner in fee simple of certain real property located in the City of Ocoee, Orange County, Florida more particularly described on Exhibit "A" attached hereto (the "Subject Property) . 3 . LAKE LOTTA and HOMART are two separate, unrelated entities, and have executed a contract (the "Contract" ) in which LAKE LOTTA has granted to HOMART an option to purchase a portion of the Subject Property which is more particularly described on Exhibit "B" attached hereto (the "Homart Parcel" ) . The remaining balance of the Subject Property shall hereinafter be referred to as the "Lake Lotta Parcel" and is more particularly described on Exhibit "C" attached hereto. 4 . In November of 1988, LAKE LOTTA received approvals from the City of Ocoee, Florida (hereafter the "CITY" ) to develop the Lake Lotta PUD on the Subject Property as a mixed use, residential development. 5 . LAKE LOTTA now proposes to develop a project on the Lake Lotta Parcel known as the Lake Lotta Center DRI (the "Lake Lotta Center DRI" ) and HOMART proposes to develop a project on the Homart Parcel known as the Lake Lotta Mall DRI (the "Lake Lotta Mall DRI" ) . 6 . The two DRIs both lie and are situated in the incorporated boundaries of the CITY; therefore, the CITY is the local government ultimately responsible for issuing any development orders that may grant approval of the two DRIs. 7 . The Lake Lotta Center DRI differs significantly from the Lake Lotta PUD and is proposed for development of 550, 000 square 1 Cot feet of commercial/retail space and 360 multi-family residential dwelling units in two phases. 8. The Lake Lotta Mall DRI is proposed for development of a 1,250,000 square foot regional mall and 250, 000 square feet of commercial/retail space in two phases. 9 . Pursuant to the Contract, HOMART and LAKE LOTTA have agreed to ( 1) pursue and obtain separate DRI approvals for the development of the two DRIs, (2) reasonably cooperate with each other in pursuing their respective DRI approvals, and (3) each be responsible for an equitable share of the cost of transportation improvements in connection with development of both DRIs, as specified in the Contract. 10 . Pursuant to the Contract, HOMART and LAKE LOTTA have each filed separate Applications for Development Approval for a development of Regional Impact as provided in Section 380 . 0651 (4 ) (c) 2 . , Florida Statutes. 11. The parties recognize, acknowledge, and agree that processing and obtaining separate DRI approvals for the Lake Lotta Mall DRI and the Lake Lotta Center DRI is desirable because ( 1) HOMART and LAKE LOTTA have differing development intentions and philosophies for their respective projects, (2 ) the projects are being separately financed, and (3) past history and experience indicate that having separate development orders for two or more developments owned by unrelated owners avoids problems that may arise subsequent to issuance of a final DRI development order. 12 . Notwithstanding the desirable attributes associated with processing and obtaining separate DRI approvals for the Lake Lotta Mall DRI and the Lake Lotta Center DRI, the DCA expressed concern but agreed to allow the developments to seek separate DRI approvals for their respective proposed developments subject to certain conditions as hereinafter set forth. 13 . The parties agree that the two proposed DRIs may result in certain regionally significant impacts which should be assessed cumulatively to be lawfully mitigated. 14 . The parties met on November 9, 1993, in Tallahassee to resolve the DCA's concerns so that LAKE LOTTA and HOMART may exercise their statutory rights. 15 . DCA is authorized pursuant to Section 380 . 032 (3) , Florida Statutes, to enter into agreements with any land owner, developer, or governmental agency that may be necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes or any rules promulgated thereunder. 2 .r� 16 . The parties acknowledge and agree that each of them have all rights, power, and authority to bind themselves to this Agreement. 17 . The parties desire to enter into this Agreement pursuant to the authority vested under Section 380.032 (3) , Florida Statutes in order to provide for certain conditions imposed by DCA to allow LAKE LOTTA and HOMART to process separate and independent applications for development approval ( "ADA" ) for the Lake Lotta Mall DRI and the Lake Lotta Center DRI. ACCORDINGLY, for and in consideration of the mutual covenants contained herein and other valuable consideration given and received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement. Based upon these Recitals, DCA concludes that this Agreement is in the best interest of the State, is necessary and beneficial to DCA in its role as the State agency with the responsibility for the administration and enforcement of Chapter 380, Florida Statutes, and reasonably applies and effectuates the provisions and intent of Chapter 380, Florida Statutes. SECTION 2 . SEPARATE DRIs. The Lake Lotta Mall DRI and the Lake Lotta Center DRI are DRIs as defined by Section 380 .06, Florida Statutes. HOMART and LAKE LOTTA have heretofore filed separate ADAs for their respective project which includes for the Lake Lotta Mall DRI all of the land legally described and depicted on Exhibit "B" and for the Lake Lotta Center DRI all of the land legally described and depicted on Exhibit "C. " Except as set forth in Section 3 hereof, the ADA for the Lake Lotta Center DRI shall separately assess and address the impacts associated with the development proposed by said ADA. Except as set forth in Section 3 hereof, the ADA for the Lake Lotta Mall DRI shall separately assess and address the impacts associated with the development proposed by said ADA. Each such DRI shall be entitled to be processed as a separate DRI and, upon compliance with Chapter 380, Florida Statutes, and Fla. Admin. Code Chapter 9J-2 each shall be entitled to receive a separate development order. SECTION 3 . CUMULATIVE STUDIES AND SUMMARIES . For purposes of studying and analyzing transportation impacts and air quality impacts for the proposed developments, HOMART and LAKE LOTTA shall prepare a cumulative study of the transportation and air quality impacts for both proposed DRIs as a whole and the ADA for each DRI shall contain and reflect said cumulative studies. Further, for purposes of studying and analyzing environmental impacts concerning vegetation and wildlife, and wetlands (A.D.A. questions 12 and 13 ) as well as housing impacts, HOMART and LAKE LOTTA shall prepare 3 ditc v separate studies of the vegetation and wildlife, and wetlands (A.D.A. questions 12 and 13) and the housing impacts for each DRI. "Wildlife" as used in this Agreement shall mean and be limited to wildlife that is threatened, endangered, or a species of special concern as these terms are defined by applicable state and federal law. However, a cumulative summary of the wildlife and vegetation impacts, wetland impacts and housing impacts for both DRIs as a whole shall be incorporated into the ADA for each DRI. SECTION 4 . SUBSTANTIAL DEVIATION. If the Lake Lotta Mall DRI and the Lake Lotta Center DRI are both approved and issued final DRI development orders and either development should require substantial deviation determination review pursuant to Section 380.06 ( 19) , Florida Statutes, at some point in time subsequent to final DRI development approval, it is agreed that all proposed modifications to the projects will be reviewed based on the combined impacts of the two projects to determine whether the proposed modification will exceed any of the criteria set forth in Section 380.06( 19) , Florida Statutes. SECTION 5 . SUFFICIENCY. The Lake Lotta Mall DRI and the Lake Lotta Center DRI must both be deemed sufficient pursuant to Chapter 380, Florida Statutes prior to either DRI going before a local or regional governmental agency for public hearings under Chapter 380, Florida Statutes. After the determination of sufficiency, either project may proceed on independent schedules. SECTION 6. TERMINATION, ENFORCEMENT. In the event of a breach of this Agreement or failure to comply with any conditions of this Agreement, or if this Agreement is based upon materially inaccurate information, DCA may terminate this Agreement or file suit to enforce this Agreement as provided by law. SECTION 7. STATUS OF DEVELOPMENT ORDERS. The restrictions and conditions of any final DRI development order issued pursuant to Chapter 380, Florida Statutes, shall not supersede the restrictions and conditions contained in this Agreement, and nothing contained in any such development order shall be construed to affect in any way the parties ' rights to file and process separate DRIs or otherwise affect or diminish rights granted hereunder. The parties agree to make every effort to ensure that the applicable conditions in this agreement are incorporated into any final DRI development order issued by the CITY. SECTION 8 . COMPLIANCE WITH LAWS. This Agreement affects the rights and obligations of the parties under Chapter 380, Florida Statutes. This Agreement does not preclude any obligation HOMART and/or LAKE LOTTA may have to comply with any and all other applicable federal, state, county, and municipal laws, ordinances and regulations, as they may be amended, except to the extent that they are expressly waived or modified herein. 4 1, .4 i J SECTION 9. BINDING EFFECT. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. HOMART and LAKE LOTTA shall cause any successor in interest in and to any lands or parcels affected by this Agreement to be bound by the terms of this Agreement. Upon both development orders becoming final and non-appealable, HOMART and LAKE LOTTA shall record this Agreement in the Public Records of Orange County, Florida and shall provide DCA with a copy of the recorded Agreement including Book and Page number within four (4 ) weeks after the date of execution of this Agreement. SECTION 10. EFFECTIVE DATE OF EXECUTION. The date of execution of this Agreement shall be the date that the last party signs and acknowledges this Agreement. SECTION 11. NON-WAIVER. Nothing in this Agreement shall constitute a waiver by any party of the right to appeal any development order pursuant to Section 380.07, Florida Statutes. SECTION 12 . LAW REFERENCES. All references to statutes, rules, and agency practices shall be construed to mean those statutes, rules and practices as they may be amended from time to time. IN WITNESS WHEREOF, the parties have executed this Agreement in form sufficient to bind them as of the date first above written. LAKE LOTTA, LTD. , a Florida limited partnership By: Lotta GP, nc. , a Florida corpora . , its managing genera •/- tner Witn ses : /7-4:74.75g.-- By: kg It 10 cZ N e Cris Novot` v Name: Barry S. Goodman President C>L--62..: .-. ,7AL.c-.) Name: Lisa A. Holmes Its: Date: 10t2.4 k g'i 5 J HOMART DEVELOPMENT CO. , a Delaware corporation Witnesses::% ,.//, ',--- - , By:,*-10/1_/ dzi - 4%. Name: /�-' `'`'‘' , ,. .%�-c 7,---, r Name: -1/4. '/-( v) /4/2 cp =f-e.-E. �.sem.., N d'S 4/''�Irf,1L Its: (i v-/ , Date: /7-- 17— 9.(i STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, an agency of the State of Florida ` Wi e es: �� i fi t co.& .. ,(ttro.",_\ . Irs� i .,_� By: •-- (k ame: jAmes D. S74,usPury /� Name: CAQr(ec Pa4+ ,son Name: C4./ .i cif-) 01.sh op Its: Di ; Ort D/r ec,fo r Date: /(7Z2/9f2 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before the this 24th day of October , 1994, by Barry S. Goodman , as President of LOTTA G.P. , INC. , a Florida corporation, managing general partner of LAKE LOTT LTD. , a Florida limited partnership, on behalf of the partnership. Signature of Notary Pub i �''''''''''' Joanne Hughey (Print Notary Name) 3jA'r `� My Commission Expires: 2/15/95 AFFIX NOTARIfcST'AMPs Commission No. : F:3 15 19?S n ao C:7406,1 ? ' gPersonally known, or 7 UOL\L' �n ; ❑ Produced Identification , ��C,.' Type of Identification Produced: _L Ui of 5 STATE OF FteRT5A COUNTY OF CccK The foregoing instrument was acknowledged before me this 7t•`n day of ,Voveno:xr , 1994, by JacK O►.‘ar o , as t=,rs'- vIu Pits;c4 ;ar of HOMART DEVELOPMENT CO. , a Delaware corporation, on behalf of the . Corpora+,o,,. Signature of Notary Public Charle,x i11. `;arto (Print Notary Name) My Commission Expires: AFFIX NOTARY STAMP Commission No. : Personally known, or " OFFICIAL SEAL " ❑ Produced Identification CHARLENE M. SARTC) Type of Identification Produced: NOTARY PUBLIC,STATE OF ILLINOIS MY CCMM!SSiON EXPIRES 1/24/98 7 I STATE OF FLO DA COUNTY OF The foregoing instrument was acknowledged before me this tA") day of YfrVf4-xkt�• , 1994, by ( .,-/, 114.1742s.N , as of STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, a Florida governmental agency, on behalf of the State of Florida, DEPARTMENT OF COMMUNITY AFFAIRS. 4111 / Si2 =ture of Notary Public . i. .makh{ i€. /84Sr (Print Notary Name) / My Commission Expires: l414 AFFIX NOTARY STAMP _ Commission No. : 7,'C$ .,/6/y kl Personally known, or 0 Produced Identification • Type of Identification Produced: PREPARED BY: Thomas A. Cloud, Esquire GRAY, HARRIS & ROBINSON, P.A. 201 East Pine Street, Suite 1200 Post Office Box 3068 Orlando, Florida 32802-3068 (407) 843-8880 lkd:10/20/94:427.9 8 EXHIBIT "A" Page 1 of 2 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, recorded in PIat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South line for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09" W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39" E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet; thence • run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of I62.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly . having a radius of 605.00 feet; thence run Southeasterly along the arc of • said curve through a central angle of 30°41'03" for a distance of 324.00 feet; thence run N 89°45'04" B for a distance of 535.58 feet•to the West Right-of-Way line of Clark Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet; thence run S 00°10'51" W for a distance of 562.45 feet to the point of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run Southwesterly along the•arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet: thence run S 41°31'50" W for a distance of 7(1.59 feet: thence run N 48°28'10" W for a distance of 2(1.00 fret: tai;ncc run S 41'31'5(r W for a distance of 20.00 feet; thence run S 48°28'I0" E for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 1291.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65'57'24" W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°1116" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. Containing 63.936 acres more or less and being subject to any rights-of- _way, restric'tens and easements of record. f� EXHIBIT "A" Page 2 of 2 AND: DESCRIPTION: That part of Section 21,Township 22 South, Range 28 East, Orange County, Florida and ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, as recorded in Plat Book-"E", Page 52 of the Public Records of Orange County, Florida,being described as follows: BEGIN at the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21, thence run S 00'14'27"W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet to the Southeast corner thereof; thence run N 89'32'59"E along the North line of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION. LAKE LOTTA GROVES for a distance of 1317.16 feet to the Northeast corner of said Tract 17; thence run S 00'26'33"W along the East line of said Tract 17 and the Southerly prolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3, Block "A"of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89°26'02"W along said South line of Lot 3, Block "A"and the Easterly prolongation for a distance of 1404.08 feet to the Southwest corner of said Lot 3, Block "A"; thence run S 19'55'46"W along the West line of said Block"A", fora distance of 343.13 feet to the North Right-of-Way line of State Road No. 50(150'R/W); thence run S 89°48'09"W along said North Right-of-Way Iin;for a distance of 1106.89 feet to the West line of Tract 6 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run N 00°02'25"E along said West line and the Northerly prolongation thereof for a distance of 61 1.73 feet to the South line of Tract 13 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89'48'24"W along said South line of Lot 13 and the South line of Tracts 11 and 12 of said ORLANDO GROVES ASSOCIATION,LAKE LOTTA GROVES and the Easterly prolongation thereof for a distance of 678.03 feet to the Southwest corner of said Tract 11; thence run N 00.03'2.3"W along the West line of said Tract 11 for a distance of 649.15 feet; thence run S 89'46'31"W along the South Iine of the Northeast-1/4 of the Southwest 1/4 of said Section 21 for a distance of 303.32 feet to a point on a non-' • tangent curve concave Southeasterly having a radius of 1191.00 feet and a chord bearing of N 13'20'24"E, said point being on the East Right-of- Way line of Clark Road (100'R/W); thence run the following 13 courses along said East Right-of-Way line; thence run Northeasterly along the arc of said curve thmuch a central angle of 19'33.36" for a distance of 406.541 feet; thence run S 66'52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1171.00 feet and a chord bearing of N 23'34'54"E; thence run Northeasterly along the arc of said curve through a central angle of 00.55'24" for a distance of 18.87 feet; thence run N 65°57'24"W along a radial line for a distance of 20.00 feet to a point on a curve conca,ve Southeasterly having a radius of 1 191.00.feet and a chord bearing of N 32'47'I3" E; thence run Northeasterly along the arc of said curve through a central angle of 17°29'14" for a distance of 363.50 feet; thence run N 41.31'50" E for a distance of 501.23 feet: thence run S 48°28'10" E for a distance of 20.00 feet; thence run N 41.31'50" B for a distance of 20.00 feet; thence run N 48°28'10" W for a distance of 20.00 feet; thence run N 41'31'50" E for a distance of 70.59 feet to the point of curvature of a curve concave Northwesterly having a radius of 1291.00 feet; thence run Northeasterly along the arc of said curve through a central angle of 41'20'59" for a distance of 931.70 feet; thence run N 00.10'SI" E for a distance of 563.23 feet; thence run N 44°56'43"B for a distance of 63.90 feet to the South Right-of-Way line of White Road (60' R/W); thence run N 89'42'35" E along said South Right-of-Way line for a distance of 908.37 feet to the East line of the West 3/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 21; thence run S 00°04'18"B along said East line and the West lint of Lots 21 and 22, ROSE HILL GROVES, recorded in Plat Book"I{", • Page 146 of said Public Records and the Southerly prolongation thereof, for a distance of 1295.34 feet; thence run N 89°42'47" E along the North line of the aforesaid Northwest 1/4 of the Southeast 1/4 of Section 21 for a distance of 334.19 feet to the POINT OF BEGINNING. Containing 165.324 acres more or less and being subject to any rights-of- way, restrictions and easements of record. EXHIBIT "B" LAKE LOTTA MALL Being all that tract or parcel of land lying and being parts of Section 21, Township 22 South. Range 28 East, Orange County, Florida and more particularly described as follows: COMMENCE at the East quarter corner of Section 21. Township 22 South. Range 28 East; thence S 89 degrees 42 minutes 47 seconds W. a distance of 1336.77 feet to a point being the N. E. corner of the N. W. quarter of the S. E. quarter of said Section 21 and being the POINT OF BEGINNING; thence S 0 degrees 14 minutes 27 seconds W. along the east line of the N. W. quarter of the S. E. quarter of said Section 21. a distance of 1325.27 feet; thence N 89 degrees 32 minutes 59 seconds E. a distance of 90.63 feet; thence S 0 degrees 14 minutes 27 seconds W. a distance of 944.21 feet; thence S 89 degrees 26 minutes 02 seconds W, a distance of 180.83 feet; thence S 19 degrees 55 minutes 46 seconds W. a distance of 343.13 feet to its intersection with the north right of way of State Road 50, having a 150 foot right of way; thence along the north right of way of State Road 50 at a bearing of S 89 degrees 48 minutes 09 seconds W, a distance of 1106.89 feet; thence N 0 degrees 02 minutes 25 seconds E. a distance of 611.73 feet. leaving the north right of way of State Route 50; thence S 89 degrees 48 minutes 24 seconds W, a distance of 678.02 feet; thence N 0 degrees 03 minutes 23 seconds W, .a distance of 649.15 feet; thence S 89 degrees 46 minutes 31 seconds W, a distance of 303.32 feet intersecting the east right of way of Clark Road having a 100 foot right of way; to a point on a non-tangent curve. concave southeasterly, having a radius of 1191.00 feet and a central angle of 19 degrees 33 minutes 36 seconds, thence northerly along the arc of said curve to the right, a distance of 406.59 feet, said arc subtended by a chord which bears N 13 degrees 20 minutes 24 seconds E, a distance of 404.62 feet to the end of the curve; thence along said right of way S 66 degrees 52 minutes 48 seconds E, a distance of 20.00 feet; to the beginning of a curve, concave southeasterly, having a radius of 1171.00 feet and a central angle of 0 degrees 55 minutes 24 seconds; thence northerly along the arc of said curve to the ' right, a distance of 18.87 feet, said arc subtended by a chord which bears N 23 degrees 34 minutes 54 seconds E. a distance of 18.87 feet to the end of the curve; thence along the easterly right of way of Clark Road N 65 degrees 57 minutes 24 second W, a distance of 20.00 feet; to the beginning of a curve, concave southeasterly, having a radius of 1191.00 feet and a central angle of 17 degrees 29 minutes 15 seconds; thence northerly along the arc of said curve to the right, a distance of 363.50 feet, said arc subtended by a chord which bears N 32 degrees 47 minutes 13 seconds E. a distance of 362.10 feet to the end of the curve; thence remaining along the easterlg right of way of Clark Road N 41 degrees 31 minutes 50 seconds E. a distance of 501.23 feet; thence S 48 degrees 28 minutes 10 seconds F, a distance of 20.00 feet along said right of way: thence along the right of way of Clark Road. N 41 degrees 31 • minutes 50 seconds a a distance 20.00 feet; thence N 48 degrees 29 minutes 10 seconds W along said right of way, a distance of 20.00 feet; thence along the right of way of Clark Road N 41 degrees 31 minutes 50 seconds E, a distance of 70.59 feet; to the beginning of a cu. e, concave northwesterly, z.aving a radius of 1291.00 feet and a central angle of 41 degrees 20 minutes 59 seconds; thence northerly along the arc of said curve to the left. a distance of 931.70 feet, said arc subtended by a chord which bears N 20 degrees 51 minutes 21 seconds E, a distance of 911.61 feet to the end of the curve; thence along the east right of way of Clark Road N 0 degrees 10 minutes 51 seconds E. a distance of 208.91 feet. ; thence S 89 degrees 49 minutes 09 seconds E, a distance of 955. 13. leaving the east right of way of Clark Road; thence S 0 degrees 04 minutes 18 seconds Z. a distance of 878.68 feet; thence N 89 degrees 42 minutes 47 seconds, a distance of 334.19 feet to the POINT OF BEGINNING. Containing 130.000 acres of land. more or less. EXHIBIT "C" Page 1 of 3 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West Iine of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, recorded in Plat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East I/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South line for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09" W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39" E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet; thence • run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of 162.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly having a radius of 605.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 30°41'03" for a distance of 324.00 feet; thence run N 89°45'04" E for a distance of 535.58 feet to the West Right-of-Way line of Clark Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet; thence run S 00°10'51" W for a distance of 562.45 feet to the point of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet: thence run S 41°31'50" W fur a distance of 70.59 feet: thence run N 48°28'10" W for a distance ni 211.0() feet: thence run S 41`3I'5(1" w for a distance of 20.00 feet; thence run S 48°28'10" E for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 1291.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65'57'24" W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°11'36" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. Containing 63.936 acres more or less and being subject to any rights-of- way, restric+;ons and easements of record. EDIT "C" Page 2 of 3 AND: DESCRIPTION: That part of Section 21.Township 22 South, Range 28 East. Orange County, Florida and ORLANDO GROVES ASSOCIATION. LAKE LOTTA GROVES, as recorded in Plat Book E . Page 52 of the Public Records of Orange County, Florida. being described as follows: BEGIN at the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21. thence run S 00'I4'27"W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet to the Southeast corner thereof; thence run N 89.32'59"E along the North Iine of Tracts 15. 16 and 17 of said ORLANDO GROVES ASSOCIATION. LAKE LOTTA GROVES for a distance of 1317.I6 feet to the Northeast corner of said Tract 17; thence run S 00'26'33"W along the East line of said Tract 17 and the Southerly prolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3. Block "A"of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89°26'02"W along said South line of Lot 3, Block "A"and the Easterly prolongation for a distance of 1404.08 feet to the Southwest corner of said Lot 3, Block "A"; thence run S 19.55'46"W along the West line of said Block"A", fora distance of 343.13 feet to the North Right-of-Way line of State Road No.50 (150' R/W); thence run S 89°48'09"W along said North Right-of-Way ling for a distance of 1106.89 feet to the West line of Tract 6 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run N 00°02'25"E • along said West line and the Northerly prolongation thereof for a distance of 611.73 feet to the South Iine of Tract 13 of said ORLANDO GROVES ASSOCIATION. LAKE LOTTA GROVES; thence run S 89.48'24" W along said South line of Lot 13 and the South line of Tracts 11 and 12 of said ORLANDO GROVES ASSOCIATION,LAKE LOTTA GROVES and the Easterly prolongation thereof for a distance of 678.03 feet to the Southwest corner of said Tract 11; thence run N 00°0323"W along the West line of said Tract 11 for a distance of 649.15 feet; thence run S 89°46'31"W along the South line of the Northeast-I/4 of the Southwest 1/4 of said Section 21 for a distance of 303-32 feet to a point on a non-- tangent curve concave Southeasterly having a radius of 1191.00 feet and a chord bearing of N 13'20'24"E, said point being on the East Right-of- Way line of Clark Road (100'R/W); thence run the following 13 courses along said East Right-of-Way line; thence run Northeasterly along the an: of said curve throtrult a central angle of 19°33'36" for a distance of 406.5') feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1171.00 feet and a chord bearing of N 23'34'54" E. thence run Northeasterly along the arc of said curve through a central angle of 00.55'24" for a distance of 18.87 feet; thence run N 65°57'24"W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1191.00.feet and a chord bearing of N 32°47'13"E; thence run Northeasterly along the arc of said curve through a central angle of 17°29'14" for a distance of 363.50 feet; thence run N 41'31'50" E for a distance of 501.23 feet; thence run S 48°28.10" E for a distance of 20.00 feet; thence run N 41°31'50" E for a distance of 20.00 feet: thence run N 48°28'10"W for a distance of 20.00 feet; thence run N 41°31'50" E for a distance of 70.59 feet to the point of curvature of a curve concave Northwesterly having a radius of 1291.00 feet; thence run Northeasterly along the arc of said curve through a central angle of 41°20'59" for a distance of 931.70 feet; thence run N 00°10'51" E for a distance of 563.23 feet; thence run N 44°56'43"E for a distance of 63.90 feet to the South Right-of-Way line of White Road (60' R/W); thence run N 89'42'35" E along said South Right-of-Way line for a distance of 908.37 feet to the East line of the West 3/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 21; thence run S 00°04'18"E along said East line and the West line of Lots 21 and 22, ROSE HILL GROVES, recorded in Plat Book"H", Page 146 of said Public Records and the Southerly prolongation thereof. for a distance of 1285.34 feet; thence run N 89°42'47"E along the North line of the aforesaid Northwest 1/4 of the Southeast 1/4 of Section 21 for a distance of 334.19 feet to the POINT OF BEGINNL*1G. r 40 Containing 165.324 acres more or less and being subject to any rights-of- way, restrictions and easements of record. Less EXHIBIT "C" Page 3 of 3 LAKE LOTTA MALL Being all that tract or parcel of land lying and being parts of Section 21. Township 22 South. Range 28 East, Orange County, Florida and more particularly described as follows: COtMMENCE at the East quarter corner of Section 21, Township 22 South. Range 28 East; thence S 89 degrees 42 minutes 47 seconds W, a distance of 1336.77 feet to a point being the N. E. corner of the N. W. quarter of the S. E. quarter of said Section 21 and being the POINT OF BEGINNING: thence S 0 degrees 14 minutes 27 seconds W. along the east line of the N. W. quarter of the S. E. quarter of said Section 21. a distance of 1325.27 feet; thence N 89 degrees 32 minutes 59 seconds E, a distance of 90.63 feet; thence S 0 degrees 14 minutes 27 seconds W. a distance of 944.21 feet; thence S 89 degrees 26 minutes 02 seconds W. a distance of 180.83 feet; thence S 19 degrees 55 minutes 46 seconds W. a distance of 343.13 feet to its intersection with the north right of way of State Road 50, having a 150 foot right of way; thence along the north right of way of State Road 50 at a bearing of S 89 degrees 48 minutes 09 seconds W. a distance of 1106.89 feet; thence N 0 degrees 02 minutes 25 seconds E, a distance of 611.73 feet, leaving the north right of way of State Route 50; thence S 89 degrees 48 minutes 24 seconds W, a distance of 678.02 feet; thence N 0 degrees 03 minutes 23 seconds W. a distance of 649.15 feet; thence S 89 degrees 46 minutes 31 seconds W, a distance of 303.32 feet intersecting the east right of way of Clark Road having a 100 foot right of way; to a point on a non-tangent curve, concave southeasterly, having a radius of 1191.00 feet and a central angle of 19 degrees 33 minutes 36 seconds, thence northerly along the arc of said curve to the right, a distance of 406.59 feet, said arc subtended by a chord which bears N 13 degrees 20 minutes 24 seconds E, a distance of 404.62 feet to the end of the curve; thence along said right of way S 66 degrees 52 minutes 48 seconds E. a distance of 20.00 feet; to the beginning of a curve, concave southeasterly, having a radius of 1171.00 feet and a central angle of 0 degrees 55 minutes 24 seconds; thence northerly along the arc of said curve to the right, a distance of 18.87 feet, said arc subtended by a chord which bears N 23 degrees 34 minutes 54 seconds E. a distance of 18.87 feet to the end of the curve; thence along the easterly right of way of Clark Road N 65 degrees 57 minutes 24 second W, a distance of. 20.00 feet; to the beginning of a curve, concave southeasterly, having a radius of 1191.00 feet and a central angle of 17 degrees 29 minutes 15 seconds; thence northerly along the arc of said curve to the right, a distance of 363.50 feet, said arc subtended by a chord which bears N 32 degrees 47 minutes 13 seconds E. a distance of 362.10 feet to the end of the curve; thence remaining along the easterlx right of way of Clark Road N 41 degrees 31 minutes 50 seconds E, a distance of 501.23 feet; thence S 48 degrees 28 minutes 10 seconds E. a distance of 20.00 feet along said right of way; thence along the right of way of Clark Road. N 41 degrees 31 minutes 50 seconds E. a distance 20.00 feet; thence N 48 degrees 25 minutes 10 seconds W along said right of way, a distance of 20.00 feet; thence along the right of way of Clark Road N 41 degrees 31 minutes 50 seconds E, a distance of 70.59 feet; to the beginning of a cu. le, concave northwesterly, i,aving a radius of 1291.00 feet and a central angle of 41 degrees 20 minutes 59 seconds; thence northerly along the arc of said curve to the left. a distance of 931.70 feet, said arc subtended by a chord which bears N 20 degrees 51 minutes 21 seconds E. a distance of 911.61 feet to the end of the curve; thence along the east right of way of Clark Road N 0 degrees 10 minutes 51 seconds E. a distance of 208.91 feet. ; thence S 89 degrees 49 minutes 09 seconds E, t a distance of 955. 13. leaving the east right of way of Clark Road; thence S 0 degrees 04 minutes 19 seconds E. a�distance of 878.68 feet; thence N 89 degrees 42 minutes 47 seconds, a distance of 334. 19 feet to the POINT OF BEGINNING. Containing 130.000 acres of land. more or less. AGENDA 1-26-95 ITEM III G 1 ° + 2 3 PROPOSED DEVELOPMENT ORDER (PRINT DATE: 1/20/95) 4 5 6 7 8 9 10 DEVELOPMENT ORDER 11 12 LAKE LOTTA CENTER 13 DEVELOPMENT OF REGIONAL IMPACT 14 CITY OF OCOEE, FLORIDA 15 16 17 WHEREAS, It is the intent of the State of Florida, as 18 expressed in Chapter 380, Florida Statutes, to protect the natural 19 resources and environment of the state, facilitate orderly and well 20 planned development, protect the health, welfare, safety and 21 quality of life of the residents of the state; and 22 23 WHEREAS, The State of Florida has established land and water 24 management policies to guide and coordinate local decisions 25 relating to growth and development, and has determined that such 26 policies should, to the maximum possible extent, be implemented by 27 local governments through existing processes for the guidance of 28 growth and development, and has also determined that all the 29 existing rights of private property shall be preserved in accord 30 with the constitutions of the State of Florida and the United 31 States; and 32 33 WHEREAS, The Development of Regional Impact review program has 34 been established by the State of Florida in recognition that 35 certain development projects will, because of their character, 36 magnitude or location, have a substantial effect on the health, 37 safety or welfare of the citizens of more than one county; and 38 39 WHEREAS, Lake Lotta, Ltd. , a Florida limited partnership, has 40 filed an Application for Development Approval for a Development of 41 Regional Impact called Lake Lotta Center and relating to real 42 property located within the City of Ocoee, Florida; and 43 44 WHEREAS, this application has been reviewed by the East 45 Central Florida Regional Planning Council and the City of Ocoee, in 46 accordance with the requirements of Chapter 380, Florida Statutes. 47 48 NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City 49 Commission of the City of Ocoee, Florida, that, based upon the 50 Findings of Fact and Conclusions of Law set forth below, the Lake 51 Lotta Center Development of Regional Impact is APPROVED pursuant to 52 Section 380. 06, Florida Statutes, subject to the following terms 53 and conditions: 54 55 7 1 PART I. FINDINGS OF FACT AND CONCLUSIONS OF LAW 2 3 A. FINDINGS OF FACT. The City Commission of the City of Ocoee, 4 Florida hereby makes the following Findings of Fact: 5 6 1. On or about September 21, 1993, Lake Lotta, Ltd. , a Florida 7 limited partnership (hereinafter referred to as "Developer") , 8 whose principal place of business is 890 State Road 434 North, 9 Altamonte Springs, Florida 32714, filed an Application for 10 Development Approval pursuant to Chapter 380.06, Florida 11 Statutes for a Development of Regional Impact (DRI) called 12 Lake Lotta Center relating to real property located in the 13 City of Ocoee, Florida (hereafter referred to as "City") which 14 is more particularly described in Exhibit "A" attached to and 15 by this reference incorporated in this Development Order and 16 hereafter referred to as the "Property". The Property 17 consists of a total of 99.25 acres. 18 19 2. On or about December 23, 1993, the Developer filed with the 20 East Central Florida Regional Planning Council (hereinafter 21 referred to as the "ECFRPC") , a-First Sufficiency Response and 22 on or about February 4, 1994 filed with the ECFRPC a Second 23 Sufficiency Response thereby amending the DRI/ADA. Further, 24 on or about August 25, 1994, the Developer filed with the City 25 an Amendment to the DRI/ADA. The ADA, First Sufficiency 26 Response, Second Sufficiency Response and Amendment to the 27 DRI/ADA are incorporated herein by reference. 28 29 3. The Developer's authorized agent is Thomas A. Cloud, Gray 30 Harris & Robinson, P.A. , 201 East Pine Street, Suite 1200, 31 Orlando, Florida 32802-3068. 32 33 4. The owner of the Property is Lake Lotta, Ltd. , a Florida 34 limited partnership. 35 36 5. The Developer is the owner of the Property and has the 37 authority to file the Application for Development Approval 38 (ADA) and obtain a Development Order with respect to the 39 Property in accordance with Section 380.06, Florida Statutes. 40 41 6. The Property does not lie within an Area of Critical State 42 Concern. 43 44 7. The application has been reviewed by and recommendations have 45 been received from the East Central Florida Regional Planning 46 Council as the regional planning agency which after balancing 47 the identified regionally significant impacts associated with 48 each of the six criteria of Subsection 380.06(12) (a) , Florida 49 Statutes, recommended to the City that the Lake Lotta Center 50 DRI Application for Development Approval be approved subject 51 to specific conditions. 52 2 Y 1 8. All public hearings as required by Section 380.06, Florida 2 Statutes, have been duly noticed and held, including without 3 limitation, hearings before the City Planning and Zoning 4 Commission on April 14, 1994 and January 12, 1995, and the 5 City Commission of the City of Ocoee on May 2, 1994 and 6 January 26, 1995. 7 8 9. The Developer submitted to the City an application to amend 9 the City of Ocoee Comprehensive Plan, dated September 1993, as 10 amended April 1994, for review and approval in conjunction 11 with the ADA for the Lake Lotta Center DRI. The application 12 to amend the City of Ocoee Comprehensive Plan consists of a 13 request to amend the Future Land Use Map to change portions of 14 the future land use designation of the Property from High 15 Density Residential (20 acres) and Low Density Residential (15 16 acres) to Commercial. Such amendment has been reviewed, 17 concurrently heard and approved by the adoption of Ordinance 18 No. 95-01, all as required by Section 380.06(6) , Florida 19 Statutes. 20 21 10. The Developer has submitted to the City an application and 22 Land Use Plan for Planned Unit Development ("PUD") zoning, 23 dated June 20, 1994, for the Property for review and approval 24 in conjunction with the ADA for the Lake Lotta Center DRI. 25 26 11. The future land use- designations of the Property under the 27 City of Ocoee Comprehensive Plan, as amended by Ordinance No. 28 95-01, are Low Density Residential, High Density Residential 29 and Commercial. 30 31 12. The proposed development program for the Lake Lotta Center DRI 32 consists of the following: 33 34 a. Total Development 35 • 3 1 LAKE LOTTA CENTER 2 DEVELOPMENT PROGRAM BY PHASE 3 Phase I Phase II Total 4 LAND USE 22' 2005' All Phases 5 (a) Residential 6 (i) High Density 200 DU _ 200 DU 7 8 (ii) Low Density 151 DU _ 151 DU 9 (b) Retail _ 275,000 GLA 275,000 GLA (288,200 GSF) (288,200 GSF) 10 11 DU = Dwelling Units 12 GLA = Gross Leasable Area 13 GSF = Gross Square Feet 14 15 RETAIL USES include all uses permitted under the City Land 16 Development Code within a C-2 Zoning District except for the 17 following uses which are hereby expressly prohibited: gasoline 18 stations, automobile sales, commercial convenience stores with or 19 without gas sales, drive-in restaurants with no inside seating, 20 equipment sales, miniature golf courses, pawn shops and funeral 21 homes. 22 23 b Wetlands, Lakes & Streams 8.71 acres 24 25 c. Wildlife Protection 26 Area (Uplands) None 27 28 d. Parking Spaces 1, 650 spaces 29 30 e. Estimated External 31 Traffic Generationfor the 32 DRI Projects (excluding 33 internal capture of 100 ADTe) : 34 35 (i) Phase I 36 37 (a) Lake Lotta Mall DRI 41,503 ADT 38 (b) Lake Lotta Center DRI 2,715 ADT 39 (c) Total Phase I 44,218 ADT 40 * This Development Order has extended the dates of each phase by 4 years 41 11 months after the dates provided in the ADA. Extensions to the phase dates may 42 be made pursuant to S380.06(19), Florida Statutes. Any future extensions shall 43 be reviewed cumulatively with the extensions provided by this Development Order 44 condition to the original phase dates projected in the ADA. 4 1 (ii) Phase II 2 3 (a) Lake Lotta Mall DRI 10, 084 ADT 4 (b) Lake Lotta Center DRI 16,389 ADT 5 (c) Total Phase II 26,473 ADT 6 7 (iii) Phase I and II for 8 the DRI Projects 9 (excluding internal 10 capture of 11 3,460 ADTs) : 70, 691 ADT 12 13 f. Water Supply Provided By: 14 City of Ocoee in accordance with established 15 ordinances, resolutions and policies, and the 16 Water and Sewer Agreements as hereinafter 17 defined 18 19 g. Wastewater Service Provided By: 20 City of Ocoee in accordance with established 21 ordinances, resolutions and policies, and the 22 Water and Sewer Agreements as hereinafter 23 defined 24 25 h. Fire Protection Provided By: 26 City .of Ocoee in accordance with established 27 ordinances, resolutions and policies 28 29 i. Project Phasing: 30 Two 31 32 13. The lands which are the subject of the DRI Projects have been 33 previously approved for development by the City in accordance 34 with (i) that certain Land Use Plan for the Lake Lotta PUD as 35 approved by the City Commission of the City of Ocoee on 36 November 22, 1988, (the "Original Lake Latta Land Use Plan") , 37 and (ii) that certain Development Agreement (Contract No. D88- 38 10) dated November 22, 1988, between the City and Lake Lotta, 39 Ltd. , as amended on August 21, 1990 (the "Original Lake Lotta 40 PUD Development Agreement") (collectively, the "Original Lake 41 Lotta PUD") . The City has previously issued Revised 42 Certificate of Vesting Number CV-93-07R, dated September 28, 43 1993 (the "Lake Lotta PUD Vested Rights Certificate") which 44 found the Original Lake Lotta PUD to be vested for a total of 45 20,939 average daily trips with respect to development in 46 accordance with the Original Lake Lotta PUD. Lake Lotta, Ltd. 47 has previously requested that the City agree to allocate the 48 vested average daily trips ("ADT's") under the Lake Lotta PUD 49 Vested Rights Certificate as follows: (i) 18,224 ADT's to land 50 to be developed pursuant to the Lake Lotta Mall DRI for use 51 only in connection with Phase I of the Lake Lotta Mall DRI; 52 and (ii) 2,715 ADT's to the Property for use only in 5 1 connection with the Lake Lotta Center DRI Phase I Low Density 2 Residential and High Density Residential developments. The 3 City has previously approved the aforesaid request of Lake 4 Lotta, Ltd. to allocate the vested ADT's under the Lake Lotta 5 PUD Vested Rights Certificate, such approval being subject to 6 the adoption of DRI development orders for both the Lake Lotta 7 Center DRI and the Lake Lotta Mall DRI and both of said 8 development orders becoming effective. 9 10 14. The Developer, its successors and assigns, have certain rights 11 to water and sewer service capacity as set forth in and 12 pursuant to the terms and conditions of (1) the City of Ocoee, 13 Florida - Water Plant No. 4 Potable Water Supply Agreement 14 dated January 24, 1984 (the "1984 Water Supply Agreement") , 15 (2) certain Wastewater Developer's Agreements dated December 16 30, 1987, having Contract Numbers OWW-87-2, OWW-87-3, OWW-87- 17 4, OWW-87-5, OWW-87-8, OWW-87-10, OWW-87-11, and OWW-87-12 18 (the "New Agreements") , (3) that Purchase and Sale Agreement 19 dated December 3, 1987, as amended (the "1987 Sale 20 Agreement") , (4) those Stipulations for Settlement dated 21 December 21, 1987, in the Ninth Judicial Circuit Court (Case 22 No. CI 87-2462) and the United Stated District Court, Middle 23 District (Case No. 87-387-CIV-ORL-19) and that City Resolution 24 No. 87-23, dated December 29, 1987 authorizing certification 25 of the Stipulations (the "Stipulations") , (5) that Developer's 26 Agreement dated November 22, 1988 by and between the City and 27 Developer (the "November 22, 1988 Developers' Agreement for 28 Water Service") , (6) that Amendment to City of Ocoee Waste 29 Water Developers' Agreements Nos. OWW-87-2, OWW-87-3, OWW-87- 30 4, OWW-87-5, OWW-87-8, OWW-87-10, OWW-87-11, and OWW-87-12 31 dated October 1, 1992 (the "October 1, 1992 Agreement") and 32 (7) that Water and Sewer Revenue and Maintenance Fee Agreement 33 dated as of January 17, 1995. These seven items are hereby 34 collectively referred to as the "Water and Sewer Agreements". 35 36 B. CONCLUSIONS OF LAW. Based upon the Findings of Fact and the 37 Conditions of Approval hereinafter set forth, the City Commission 38 of the City of Ocoee, Florida hereby makes the following 39 Conclusions of Law: 40 41 1. The development permitted by this Development Order is 42 consistent with the achievement of the objectives of the State 43 Comprehensive Plan and the State Land Development Plan and 44 therefore will not unreasonably interfere with those 45 objectives. 46 47 2. The development permitted by this Development Order is 48 substantially consistent with the report and recommendations 49 of the East Central Florida Regional Planning Council. 50 51 3 . The development permitted by this Development Order is 52 consistent with the adopted City of Ocoee Comprehensive Plan, 6 1 as amended, and the City of Ocoee land development regulations 2 and adequate public facilities are available for Phase I of 3 the Project. 4 5 PART II. CONDITIONS OF APPROVAL 6 7 A. GENERAL CONDITIONS 8 9 1. The definitions contained in Chapter 380, Florida Statutes, 10 shall govern and apply to this Development Order. 11 12 2 . This Development Order shall be binding upon the Developer, 13 its assignees, or successors in interest, including any entity 14 that may assume any of the responsibilities imposed on the 15 Developer by this Development Order. Reference herein to any 16 public agency shall be construed to mean any agency that may 17 in the future be created or designated as a successor in 18 interest to, or that otherwise will possess any of the powers 19 and duties of the public agency with respect to the 20 implementation and administration of the DRI program and the 21 terms and conditions of this Development Order. 22 23 3. For the purposes of this Development Order, "the Project" is 24 the work and development that is to occur on the Property as 25 permitted through this Development Order. The Project shall 26 consist of no more than the following uses: 27 28 LAKE LOTTA CENTER 29 DEVELOPMENT PROGRAM BY PHASE 30 Phase I Phase II 31 LAND USE 2922* 2ffly Totals 32 33 (a) Residential 34 (i) High Density 200 DU _ 200 DU 35 36 (ii) Low Density 151 DU _ 151 DU 37 (b) Retail _ 275,000 GLA 275,000 GLA (288,200 GSF) (288,200 GSF) 38 -- -- 39 40 This Development Order has extended the dates of each phase by 4 41 years 11 months after the dates provided in the ADA. Extensions to the phase 42 dates may be made pursuant to S380.06(19), Florida Statutes. Any future 43 extensions shall be reviewed cumulatively with the extensions provided by this 44 Development Order condition to the original phase dates projected in the ADA. 7 1 DU = Dwelling Units 2 GLA = Gross Leasable Area 3 GSF = Gross Square Feet 4 5 RETAIL USES include all uses permitted under the City Land 6 Development Code within a C-2 Zoning District except for the 7 following uses which are hereby expressly prohibited: gasoline 8 stations, automobile sales, commercial convenience stores with or 9 without gas sales, drive-in restaurants with no inside seating, 10 equipment sales, miniature golf courses, pawn shops and funeral 11 homes. 12 13 4. The Project shall consist of no more than a total of 288,200 14 gross square feet of retail space with 1, 650 parking spaces on 15 35 acres, 200 dwelling units of high density residential 16 development on 17.8 acres, and 151 dwelling units of low 17 density single family residential development on 37.75 acres, 18 all more or less, as more fully set forth in Condition 3 of 19 Part II (A) above and shall be developed in accordance with the 20 Revised Master Development Plan, which is presented as Exhibit 21 "B" of this Development Order and by this reference 22 incorporated in this Development Order. 23 24 5. The Project shall be developed in accordance with the 25 information, data, plans and commitments contained in the Lake 26 Lotta Center DRI/ADA-and its Supplemental Information, unless 27 otherwise directed by the conditions enumerated herein. For 28 the purpose of this condition, the ADA shall consist of the 29 following items: 30 31 (a) Lake Lotta Center DRI Application for 32 Development Approval dated September 21, 1993; 33 34 (b) First Sufficiency Response dated December 23, 35 1993; 36 37 (c) Second Sufficiency Response dated February 4, 38 1994; 39 40 (d) Amendment to the DRI/ADA dated` on or about 41 August 25, 1994; 42 43 (e) Letter dated December 5, 1994 from Aaron 44 Dowling, Executive Director of ECFRPC, to Ellis Shapiro, 45 City Manager; 46 47 (f) Letter dated December 19, 1994 from Tom Cloud 48 to Aaron Dowling, Executive Director of ECFRPC; and 49 50 (g) Letter dated December 21, 1994 from Aaron 51 Dowling, Executive Director of ECFRPC, to Ellis Shapiro, 52 City Manager. 8 • 1 6. The Lake Lotta Mall DRI is a proposed development that is 2 adjacent and contiguous to portions of the Project and 3 consists of commercial land use components. The Lake Lotta 4 Center DRI and the Lake Lotta Mall DRI (hereinafter 5 collectively referred to as the "DRI Projects") are two 6 separate and distinct projects which will be owned by 7 unrelated owners at the time of issuance of the first building 8 permit for either of the DRI Projects. The City is approving 9 a development order for the Lake Lotta Mall DRI on the same 10 date as it is approving this Development Order. After 11 adoption of the separate DRI development orders, each 12 development will be regulated by their respective DRI 13 development orders and without consideration of the other 14 project except for the areas of housing, transportation, air 15 quality, wildlife and vegetation, and wetlands as set forth in 16 that certain Lake Lotta DRI Processing Agreement dated 17 November 22, 1994, entered into by the Developer, Homart 18 Development Co. , a Delaware corporation, and the State of 19 Florida Department of Community Affairs pursuant to Section 20 380. 032 (3) , Florida Statutes (hereinafter referred to as the 21 "DRI Processing Agreement") , said DRI Processing Agreement 22 being incorporated herein by reference and made a part hereof 23 in the same manner as if fully set forth herein. In the event 24 of any conflict between this Development Order and the DRI 25 Processing Agreement, the provisions of the DRI Processing 26 Agreement shall control. 27 28 B. TERMS AND CONDITIONS RECOMMENDED BY THE EAST CENTRAL FLORIDA 29 REGIONAL PLANNING COUNCIL, AS AMENDED. 30 31 Archaeological Sites 32 33 1. Archaeological Protection Requirements. Project construction 34 personnel shall be notified, through posted advisories or 35 other methods, of the potential for artifact discoveries on 36 the site and to report suspected findings to the Project 37 manager. In the event of discovery of artifacts of historical 38 or archaeological significance during Project construction, 39 the Developer shall stop construction at the site of 40 discovery and notify the City of Ocoee and the Division of 41 Historic Resources of the Florida Department of State. From 42 the date of notification, construction shall be suspended 43 within a 100 foot radius of the site of discovery for a period 44 of up to 120 days to allow evaluation of the site. 45 46 Vegetation and Wildlife 47 48 2. Wildlife Protection. Except as otherwise allowable by this 49 Development Order, site development related activities shall 50 not result in the harming, pursuit or harassment of wildlife 51 species classified as endangered, threatened or a species of 52 special concern by either the state or federal government in 9 1 contravention of applicable state or federal laws. Should 2 such species be determined to be residing on, or be otherwise 3 significantly dependent upon the sites of the DRI Projects, 4 the Developer shall cease all activities which might 5 negatively affect that individual or population and 6 immediately notify the Florida Game and Fresh Water Fish 7 Commission and the United States Fish and Wildlife Service. 8 Proper protection and habitat management, to the satisfaction 9 of the above agencies, shall be provided by the Developer. 10 11 "Harming" and "harassment" as used in this Condition shall be 12 defined in the same manner as "harm" and "harass" respectively 13 are defined in 50 CFR Section 17.3 . 14 15 3. Gopher Tortoise Protection. Mitigation of gopher tortoise 16 impacts shall be accomplished in a manner that is acceptable 17 to the Florida Game and Fresh Water Fish Commission and 18 consistent with their applicable guidelines, with the 19 exception that on-site preservation shall not be an option. 20 The final mitigation option shall be determined prior to 21 approval of a final site plan or final subdivision plan by the 22 City of Ocoee. 23 24 4. Conservation Easements. Buffer yards of native transitional 25 or upland vegetation, or both, averaging 50 feet wide and with 26 a minimum width of 25 feet shall be retained around all on- 27 site wetlands associated with Lake Lotta. The buffer yards 28 shall be regarded as preservation areas and identified as 29 separate parcels for the purpose of protecting their natural 30 attributes. Developmental uses of these areas shall be 31 restricted by conservation easement or fee simple transfer 32 that is conveyed to the St. Johns River Water Management 33 District ("SJRWMD") , City of Ocoee or a conservation oriented 34 entity acceptable to the SJRWMD. Such easements or other 35 transfers shall be accomplished and recorded in the public 36 records of Orange County at the time that development occurs 37 in any parcel that adjoins these preserved wetlands and their 38 buffer yards. Except when recorded as part of a plat, 39 notification and an exhibit depicting these areas shall be 40 submitted to SJRWMD and ECFRPC at the time of recordation. 41 42 5. Wetland Buffers. All wetland buffer yards shall be delineated 43 with temporary protection such as silt fencing or similar 44 barriers prior to construction within adjacent parcels to 45 allow these areas to be maintained with existing native 46 vegetation. Use of these buffers shall be limited to docks, 47 boardwalks, pervious trails and passive, natural systems-based 48 recreation. Exotic vegetation may not be planted in these 49 buffers, but may be removed if it is now established, or if it 50 should become established within these areas. 51 52 10 1 Public Facilities 2 3 6. Nonpotable Water Needs. To meet the nonpotable water use 4 demands of the Project, the development shall use, in order 5 of priority: 6 7 i. all treated wastewater made available to the site and 8 which meets state criteria for reuse, up to the entire 9 nonpotable water demand; 10 11 ii. treated stormwater; and 12 13 iii. nonpotable quality groundwater; 14 15 unless otherwise directed by the City, Florida Department of 16 Environmental Protection, the St. Johns River Water Management 17 District, or other jurisdictional regulatory agency. Potable 18 water may be used for irrigation to the extent that lower 19 quality water is not available to meet the entire irrigation 20 need and its use otherwise complies with all applicable 21 governmental regulations. 22 23 7. Irrigation. Irrigation shall be performed in accordance with 24 applicable City of Ocoee ordinances and policies and the 25 Florida Department of Environmental Protection and St. Johns 26 River Water Management District rules and regulations. 27 28 8. Surface Water Management System. The Developer or a property 29 owners' association formed by the Developer shall establish 30 and implement an inspection and maintenance program for all 31 components of the surface water management system for the 32 Project site to assure that the components continue to operate 33 at their design capacities for the life of the Project. This 34 program shall be submitted to the City prior to approval of a 35 final site plan or final subdivision plan for any portion of 36 the Project and shall be subject to review and approval by the 37 City. This program shall include, but not necessarily be 38 limited to: 39 40 i. Stormwater facility operating inspections on a regular 41 basis and following major rainfall events for the removal 42 of excessive sediment, debris or other flow obstructions; 43 44 ii. Routine maintenance activities (e.g. mowing, trash 45 removal, etc. ) ; 46 47 iii. Ongoing educational programs for maintenance staff 48 personnel regarding the correct usage of and application 49 rates for fertilizers and chemicals (e.g. herbicides) 50 within common areas that contribute runoff to the 51 stormwater management facilities, the removal of noxious 52 weeds and retention of desirable aquatic vegetation, and 11 1 correct procedures for other maintenance/landscaping- 2 related activities which have the potential for adversely 3 affecting water quality conditions on the Project site. 4 5 9. Property Owners' Association. Prior to platting of any 6 portion of the Property, the Developer shall form a property 7 owners' or similar association which will assume drainage 8 system operation and maintenance responsibilities and record 9 restrictive covenants with respect to the matters addressed in 10 Conditions 8 and 9 of Part II (B) of this Development Order. 11 The association shall be created with defined duties and 12 responsibilities regarding the operation and maintenance of 13 the surface water management system and ground and surface 14 water monitoring programs, and have sufficient legal authority 15 and power to establish the mandatory collection of fees and/or 16 assessments from all property owners for use in financing the 17 operation, replacement and maintenance of these systems and 18 programs. The restrictive covenants and documentation 19 forming the association shall be subject to the review and 20 approval of the City. Subject to the approval of the City, 21 separate associations may be formed based upon the ultimate 22 drainage system design for the Project. The Developer shall 23 provide acceptable documentation to the City of Ocoee and the 24 St. Johns River Water Management District that this condition 25 has been met at the time that such an entity is formed. 26 27 Housing 28 29 10. Low Income Housing. 30 31 (a) The Developer has demonstrated that there is an 32 adequate housing supply to meet the demand for the very low 33 and low income employee households for Phase I of the DRI 34 Projects. A second supply inventory shall be conducted prior 35 to the start of development beyond the 1,350,276 gross square 36 feet of commercial authorized for Phase I of the DRI Projects. 37 The Developer willestimate the demand for affordable housing 38 based upon actual employees hired in the previous phase for 39 the DRI Projects and estimated employees for the balance of 40 the DRI Projects. The Developer shall re-inventory the 41 housing supply, using data that is more up-to-date and cost 42 sensitive than the Census data. The Developer shall use a 43 methodology adopted by rule by DCA. If no such rule has been 44 adopted, the Developer shall use a housing methodology 45 approved by the Department of Community Affairs, the ECFRPC 46 and the City of Ocoee. 47 48 (b) Should future analysis show a need to mitigate the 49 housing impacts of the DRI Projects, the Developer must do 50 one or more of the following within a ten mile or twenty 51 minute commute of the Project site (whichever is closer) : 52 12 1 i. Build affordable housing units; 2 3 ii. Buy down unaffordable housing units through donations or 4 other mechanisms to make them affordable; 5 6 iii. Rehabilitate vacant substandard housing units to create 7 adequate affordable units; or 8 9 iv. Any other alternative acceptable to the Department of 10 Community Affairs, the East Central Florida Regional 11 Planning Council, and the City of Ocoee. 12 13 The Developer's proposed mitigation shall be included in the 14 Development Order by amendment. All housing provided for 15 mitigation must be available or guaranteed commitments made to 16 assure that the needed housing will be available within three 17 (3) years of the time that the supply study has been 18 completed. By the end of this three (3) year period, the 19 Developer shall report to the City of Ocoee, the ECFRPC, and 20 the DCA on the success of the plan and shall provide 21 sufficient documentation to demonstrate this success. No non- 22 residential development shall be permitted for either of the 23 DRI Projects beyond the three (3) year period if this 24 obligation has not been fully met. 25 26 Transportation 27 28 11. Project Phasina. For the purpose of the transportation 29 conditions of this Development Order, the DRI Projects shall 30 be considered as one project and divided into and limited to 31 the following phases, based upon peak hour trip ends or total 32 average daily trip ends (based upon the then current ITE Trip 33 Generation manual) , whichever comes first: 34 35 Phase Total Peak Total Average Cumulative 36 (Year) Hour Trip Cumulative Daily Average 37 Ends Per Peak Hour Trips Per Daily Phase Trip Ends Phase Trips 38 I 4, 108 4, 108 44,318 44,318 39 (2002) 40 II 2,766 6,874 29,833 74, 151 41 (2005) 42 43 The numbers above include trips from both of the DRI Projects 44 with the first phase representing the mall development of 45 1,245,276 gross square feet, 105,000 gross square feet of 46 retail, 200 multi-family residential dwelling units and 151 47 single family residential dwelling units, only. The City of 48 Ocoee may approve any or all development utilizing these phase 13 • 1 trip levels, subject to the conditions within this 2 Development Order. 3 4 12. Monitoring and Modeling Methodology. 5 6 (a) Prior to the initiation of each phase beyond Phase 7 I as identified in the preceding paragraph, the Developer 8 shall conduct a monitoring/modeling program. Said program 9 shall ascertain the level of service ("LOS") on facilities 10 where the combined traffic from the DRI Projects is estimated 11 to contribute an amount of traffic greater than or equal to 12 ten percent (10%) of the LOS "C" service volume. The 13 methodology of the monitoring/modeling program shall be agreed 14 upon by the East Central Florida Regional Planning Council, 15 the City of Ocoee, Orange County., the Florida Department of 16 Transportation ("FDOT") , the Florida Department of Community 17 Affairs and the Developer, with LYNX being included in an 18 advisory role only. All studies and monitoring/modeling 19 programs shall be consistent with the then current FDOT LOS 20 rules, procedures, and criteria. The depth of each monitoring 21 and modeling effort shall be similar to that required within 22 a DRI Application for Development Approval but shall be 23 compatible with the requirements of the City of Ocoee's 24 Concurrency Management System as it relates to facilities 25 within the City of Ocoee. For the purposes of this 26 Development Order, the City of Ocoee's Concurrency Management 27 System consists of any and all ordinances, resolutions and 28 regulations adopted by the City Commission of the City of 29 Ocoee to implement the requirements of Section 163. 3202 (2) (g) , 30 Florida Statutes. In the event that all parties cannot come 31 to agreement on the methodology, the ECFRPC and the City of 32 Ocoee shall be the final arbiters, with City of Ocoee's 33 decision being final as it relates to City of Ocoee facilities 34 (i.e. , facilities located within the corporate limits of the 35 City or for which the City has primary maintenance 36 responsibilities) and the ECFRPC's decision being final as it 37 relates to all other facilities. 38 39 (b) The following list of facilities indicates those 40 roadways within the study area which were analyzed for full 41 buildout of the DRI Projects. The facilities to be monitored/ 42 modeled for the next phase may include, but shall not be 43 limited to, those segments of the regional roadways within the 44 attached list and one segment beyond where the DRI Projects 45 are estimated to contribute a cumulative amount of traffic 46 greater than or equal to ten percent (10%) of the LOS "C" 47 service volume, based on the modeling of the buildout of the 48 subsequent phase. The analyzed facilities will include 49 signalized intersections and link analyses of collector and 50 higher classified roadways and interchange ramps. 51 14 1 The ECFRPC, FDOT, Orange County and City of Ocoee shall have 2 the right to make reasonable requests for additional 3 information from the Developer to verify adherence to these 4 provisions. The Developer shall supply adequate information 5 toward compliance with these requirements. 6 7 Candidate Roadways for Monitoring/Modeling Study 8 9 o CR 535 from Tilden to SR 50 10 o Maguire Road from Roberson to SR 50 11 o Bluford Avenue (SR 439) from SR 50 to Silver Star 12 Road 13 o Clarke Road from SR 50 to A.D. Mims Road 14 o Apopka Vineland Road from Conroy Windermere-Gotha 15 Road to Old 16 Winter Garden Road 17 o Apopka Vineland Road from Silver Star Road to 18 Clarcona-Ocoee Road 19 o Good Homes Road from Old Winter Garden Road to 20 Silver Star Road 21 o Hiawassee Road from Conroy-Windermere Road to 22 Silver Star Road 23 o Old Winter Garden Road from Kirkman Road to SR 50 24 o East-West Expressway from Kirkman Road to Florida's 25 Turnpike 26 o Colonial Drive (SR 50) from John Young Parkway to 27 CR 455 28 o Balboa Drive from Powers Drive to Good Homes Road 29 o Geneva Street from Bluford to Kissimmee Avenue 30 o Story Road from Kissimmee Avenue to West Plant 31 Street 32 o White Road from Good Homes Road to Bluford Avenue 33 o Silver Star Road (SR 438) from Powers Drive to 34 Ocoee-Apopka Road 35 o A.D. Mims Road from Apopka-Vineland Road to 36 Clarcona-Ocoee Road 37 38 (c) Inthe event that a roadway widening is identified 39 which is not compatible with adopted policy of the FDOT or 40 local government (constrained) , then the Developer, City of 41 Ocoee, the East Central Florida Regional Planning Council and 42 the party having either maintenance or jurisdictional 43 responsibility for the facility shall jointly determine 44 alternate mitigation solutions to provide for the movement of 45 people. 46 47 13. Monitoring and Modeling Results. 48 49 (a) The DRI Projects shall not commence beyond Phase I 50 (an equivalent of 4, 108 total peak hour trip ends or 44,318 51 total average daily trips) into Phase II as identified above 52 when service levels are below the minimum service level 15 1 adopted in the applicable local government's comprehensive 2 plan for that specific roadway using average daily trips and 3 peak hour trip ends and the DRI Projects contribute, or are 4 projected to contribute with the next phase of traffic, ten 5 percent (10%) or greater to the LOS "C" service volume of the 6 roadway or intersection as determined by the monitoring 7 program required in the preceding condition, unless 8 mitigation measures and/or improvements are secured and 9 committed for completion during the phase in which the impacts 10 occur. 11 12 (b) Prior to the commencement of Phase II, this list of 13 committed roadway improvements must be identified. These 14 improvements shall occur by the required threshold in order 15 for the Project to proceed through the balance of the phase. 16 If the Developer can demonstrate that a portion of a phase 17 does not adversely affect the Regional Roadway network as 18 determined by the monitoring and modeling tests discussed 19 above, then the Developer may proceed with that portion of the 20 phase (and only that portion) . It is the intent of this 21 condition to ensure that this Development Order is consistent 22 with the provisions of Chapter 380.06 (15) (e) (1) and 23 380. 06 (15) (e) (2) ; provided, however, that this shall not be 24 construed to obligate the City to spend any funds to improve 25 state roads. Further, this condition is intended to avoid the 26 conflict of simultaneously applying the differing standards of 27 the aforesaid ten percent (10%) rule and the City's 28 Concurrency Management System. Should the provisions of this 29 Development Order give directions that prevents compliance 30 with the City of Ocoee Concurrency Management System, then 31 the City of Ocoee Concurrency Management System will govern on 32 all non-state roadways. 33 34 (c) To aid in assessing the Project's potential for 35 impacting facilities, DRI Annual Reports shall include 36 documentation that the applicable level of service 37 requirements are being met. Such documentation shall include 38 current roadway LOS (may be obtained from latest Concurrency 39 Management System data of the City of Ocoee and/or the 40 applicable local government) , Project traffic contributed to 41 the roadway facility (based on latest test 42 modeling/monitoring effort) and other appropriate information. 43 44 14. Tri-Party Agreement. Toward the achievement of the objectives 45 in the two preceding conditions, an agreement(s) among the 46 City of Ocoee, Orange County, and the Developer shall be 47 entered into within twelve (12) months of the initiation of 48 Project site development. Said agreement(s) shall address and 49 clarify such issues related to equity in the application of 50 fees for transportation improvements. Said fees shall be 51 based on a fair-share basis with respect to the improvements 52 to be provided and not solely on the basis of impact fees. 16 • 1 However, such an agreement would not alter or waive the 2 provisions and requirements of the other recommendations of 3 the Development Order as a mitigative measure for the 4 transportation impacts of the DRI Projects. In the event 5 that one of the designated parties to the agreement (other 6 than the Developer) fails to execute said interlocal 7 agreement(s) within the specified time, then the Developer 8 may proceed with the Project based upon the 9 monitoring/modeling schedule and all other recommendations 10 specified herein as it affects the non-participating party. 11 Separate agreements may be entered into with one or more 12 parties and the Developer. Nothing contained herein shall be 13 construed to require the City to appropriate road impact fees 14 for purposes which are not permitted by the City of Ocoee Road 15 Impact Fee Ordinance. 16 17 15. Mitigation. The following improvements are those either 18 assumed to be in place (because they are already funded) or 19 are necessary as a result of this Project's background 20 traffic and the Project contributes ten percent (10%) or 21 greater to the design service volume of the facility. Those 22 programmed improvements must be complete and operational on or 23 before the date of issuance of the first certificate of 24 occupancy for any portion of the DRI Projects. Those not 25 programmed shall be operational at the time or ADT level 26 specified: 27 28 Phase I requirements 29 30 Intersections 31 32 o Hiawassee and SR 50 shall be improved by adding 33 northbound and southbound exclusive right-turn lanes 34 prior to issuance of the first certificate of occupancy 35 for either of the DRI Projects. 36 37 Phase II requirements 38 39 Roadways, 40 41 o Clarke Road must be six (6) laned from SR 50 to White 42 Road. 43 o Old Winter Garden Road must be four (4) laned from 44 Hiawassee Road to Good Homes Road. 45 o Colonial Drive (SR 50) must be six (6) laned from Kirkman 46 Road to Old Winter Garden Road. 47 o Silver Star Road must be four (4) laned from Hiawassee 48 Road to Clarke Road. 49 50 17 1 Intersections 2 3 o Old Winter Garden Road and Hiawassee Road; add northbound 4 right turn lane. 5 o Old Winter Garden Road and Good Homes Road; Signalize and 6 add eastbound and southbound left turn lanes, add 7 westbound right turn lane. 8 o SR 50 and Pine Hills Road; Add northbound right turn 9 lane, add eastbound left turn lane. 10 o SR 50 and Kirkman Road; add southbound left turn lane, 11 add westbound and eastbound through lanes. 12 o SR 50 and Hiawassee Road; add northbound, southbound and 13 eastbound right turn lanes. 14 o SR 50 and Clarke Road; add southbound left turn lane and 15 northbound and southbound through lanes. 16 17 The necessity for construction of these facilities prior to 18 the Project's generation of the referenced number of trips 19 shall be subject to the results of monitoring and modeling 20 studies conducted pursuant to the other terms of this 21 Development Order. The burden of proof is upon the Developer 22 to show that any particular improvement listed above is not 23 required or may be delayed. The final decision rests with the 24 Florida Department of Transportation on state facilities, the 25 City of Ocoee on all non-state roadways within the corporate 26 limits of the City or- for which the City otherwise has primary 27 maintenance responsibilities and the East Central Florida 28 Regional Planning Council for all other roadways. In the 29 event a monitoring and modeling study determines that 30 different roadway improvements are required (including roadway 31 segment, type of improvement and timing) other than those in 32 the aforementioned list, then this Development Order shall be 33 amended pursuant to the provisions of Subsection 380.06(19) , 34 Florida Statutes, to reflect the required revision. 35 36 16. Committed Improvements. 37 38 (a) If the. City of Ocoee Comprehensive Plan is in 39 compliance with Chapter 163, Part II, Florida Statutes, and 40 includes a transportation concurrency management system that 41 recognizes improvements scheduled within the first three years 42 of the capital improvements schedule (pursuant to Rule 9J- 43 5.0055 (2) (c) , Florida Administrative Code) , then those 44 improvements may be counted as committed. If the City of 45 Ocoee Comprehensive. Plan is not in compliance, or does not 46 include a transportation concurrency management system that 47 recognizes improvements scheduled within the first three years 48 of the capital improvements schedule, then only improvements 49 scheduled for construction within the first three years of the 50 current FDOT improvement program or within the first year of 51 the local work program may be counted as committed. 52 18 1 (b) Committed improvements may also include (i) a 2 binding financially secured and irrevocable commitment by the 3 Developer or other applicable persons or entities for the 4 design, engineering and actual construction of the necessary 5 improvements (with the posting of a cash bond, surety bond, 6 irrevocable letter of credit or other security in a form 7 satisfactory to the City of Ocoee) , which requires 8 construction to occur during the applicable phase and must be 9 in accordance with the requirements of applicable law, and 10 must otherwise comply with the requirements of the City of 11 Ocoee Comprehensive Plan, or (ii) any alternative mutually 12 agreed upon by the City of Ocoee, the ECFRPC, the Florida 13 Department of Community Affairs and the Developer and 14 incorporated into the Development Order by amendment. 15 16 17. Proportionate Share Agreement. 17 18 (a) In the event that the monitoring/modeling results, 19 as set forth in Conditions 12 and 13 of Part II (B) of this 20 Development Order, show that improvements must be made to 21 state roads and if mitigation is not provided as set forth in' 22 Conditions 15 and 16 of Part II(B) of this Development Order, 23 then prior to any construction of any portion of Phase II and 24 subject to the provisions of Section 380.06(15) (e) , Florida 25 Statutes, the Developer, the City of Ocoee and the Florida 26 Department of Transportation (FDOT) shall enter into an 27 agreement which ensures that (i) a proportionate share payment 28 is made by the Developer to the FDOT for Project impacts to 29 SR 50 (West Colonial Drive) from Hiawassee Road to Old Winter 30 Garden Road and for impacts to SR 438 (Silver Star Road) from 31 Hiawassee Road to Clarke Road, (ii) said proportionate share 32 payment shall be used by FDOT only for the design, 33 engineering, permitting and/or construction of improvements to 34 the aforesaid state road segments, and (iii) said 35 proportionate share payment by the Developer constitutes 36 adequate provision for the public facilities needed with 37 respect to said state road segments to accommodate the impacts 38 of the Project from the date of issuance of the first 39 certificate of occupancy for the DRI Projects through Phase II 40 buildout, as required by Section 380. 15(e) (2) , Florida 41 Statutes. The geographical limits subject to this condition 42 may be decreased if the FDOT determines that the levels of 43 service will be acceptable. The calculations shall consider 44 the Project's impacts from the date of issuance of the first 45 certificate of occupancy for the mall within the Lake Lotta 46 Mall DRI through Phase II buildout. Determination of the 47 proportionate share payment shall use the following 48 proportionate share contribution formula: 49 50 DRI Trips. 51 X Cost 52 SV Increase 19 1 For this formula, DRI Trips is the cumulative number of the 2 trips from the development expected to reach the roadway 3 during the peak hour from the complete Phase II buildout; Sy 4 Increase is the change in peak hour maximum service volume of 5 the roadway resulting from construction of the improvement 6 necessary to maintain the desired level of service; and, Cost 7 is the cost of construction, at the time of developer payment, 8 of an improvement necessary to maintain the desired level of 9 service. Construction cost includes all improvement 10 associated costs, including engineering design, right-of-way 11 acquisition, planning, engineering, inspection, and other 12 associated physical development costs directly required and 13 associated with the construction of the improvement, as 14 determined by the governmental agency having maintenance 15 authority over the roadway. 16 17 (b) The City of Ocoee has not agreed and is not by this 18 Development Order placed under any duty or obligation to 19 commit to make adequate provision for the public facilities 20 needed with respect to state road segments to accommodate the 21 impacts of the DRI Projects from the date of issuance of the 22 first certificate of occupancy through Phase II buildout as 23 required by Section 380.06(15) (e) (22) , Florida Statutes; 24 however, the intent of this Condition is to insure that 25 adequate provision is made by the developers of the DRI 26 Projects for the public facilities needed with respect to 27 state roads in order to accommodate the impacts of the DRI 28 Projects from the date of issuance of the first certificate of 29 occupancy through Phase II buildout. 30 31 (c) Notwithstanding any provision contained herein to 32 the contrary, the City of Ocoee shall have no financial 33 responsibility to contribute to or participate in the funding 34 of the design, engineering, permitting and/or construction of 35 improvements to any state roads, including but not limited to 36 SR 50 (West Colonial Drive) and SR 438 (Silver Star Road) . 37 38 (d) Prior to the commencement of any construction of any 39 portion of Phase II, this Development Order must be amended 40 pursuant to Section 380.06(19) , F.S. to include this agreement 41 if the monitoring/modeling results as set forth in Conditions 42 12 and 13 of Part II(B) above show that improvements must be 43 made to state roads and if mitigation is not provided as set 44 forth in Conditions 15 and 16 of Part II(B) above. 45 46 (e) The monitoring and modeling required after Phase I 47 and prior to Phase II shall be used to verify impacts from 48 Phase I and to more accurately estimate probable impacts from 49 Phase II. If necessary, the fair share amount will be 50 adjusted to reflect actual impacts from Phase I and the more 51 accurate information which will result from the Phase II 52 estimates. If it is verified that the roadway improvements 20 1 listed above are still needed, then the Project shall not 2 proceed into Phase II until payment is made and said 3 improvements are scheduled for construction in the FDOT work 4 program within the first three years from when the impacts are 5 estimated to be significant and adverse. 6 7 (f) If the parties cannot reach agreement independently 8 by that time, or if so desired by the parties at any time 9 prior to that, then the issues in dispute shall be submitted 10 to the East Central Florida Regional Planning Council for 11 voluntary mediation pursuant to its adopted Dispute Resolution 12 Process. The solutions recommended as a result of this 13 process shall be implemented and the Development Order 14 amended pursuant to Section 380.06(19) , F.S. to include these 15 solutions; provided, however, that these solutions must be 16 acceptable to the City of Ocoee in its sole discretion and 17 that these solutions shall not include any requirement that 18 the City of Ocoee participate in or contribute to the funding 19 of improvements to any state roads. 20 21 (g) This agreement shall apply only to the facilities 22 listed within this condition and shall be consistent with the 23 provisions of Rule 29F-3. 11(3) (g) , Florida Administrative 24 Code, and Section 380.06(15) (e) , Florida Statutes. 25 26 18. S.R. 50 Grade Separation. As a part of the monitoring and 27 modeling effort which is required prior to Phase II, special 28 emphasis shall be placed on the potential need for grade 29 separation at the intersection of SR 50 with Clarke Road and 30 the East-West Expressway, based upon the conditions at 31 buildout of the DRI Projects. 32 33 19. Traffic Data for Annual Report. In each DRI Annual Report, 34 the Developer agrees that it shall report all information 35 required in Rule 9J-2.025, Florida Administrative Code. In 36 addition, the Annual Report shall include the cumulative 37 external traffic being generated by the Project, either by 38 actual count or through utilization of the most current 39 edition of the Institute of Transportation Engineer's Trip 40 Generation manual and development occupancy data. The chosen 41 method shall be used consistently through the life of the 42 Project. 43 44 20. Pedestrian and Bicycle Circulation. 45 46 (a) In the interest of safety, and to promote 47 alternative forms of transportation, the Developer shall 48 provide a safe system for cyclist and pedestrian circulation 49 on site. Walkways and bikeways shall be constructed between 50 the mall and peripheral retail of the Lake Lotta Mall DRI and 51 the planned residential development of the Project with 52 consideration given toward the security of residential areas. 21 1 On-site bikeways shall be connected with external bicycle 2 systems and will be provided in accordance with the current 3 City of Ocoee standards at the time of implementation. 4 Appropriate signage identifying bike routes will be installed. 5 The provision of showers and lockers for employees is strongly 6 encouraged at places of employment. 7 8 (b) The Developer shall consult with the ECFRPC's or 9 County bicycle coordinator and the City of Ocoee Engineer 10 regarding the provisions for pedestrian and bicycle 11 facilities. 12 13 21. Ridesharing Program. The Developer shall make known to 14 tenants and residents of the Project that it is served by an 15 existing ridesharing program operated by LYNX. Transit and 16 current ridesharing information shall be prominently displayed 17 in all public gathering areas, in employment centers, and in 18 commercial center areas. Upon opening of the mall within the 19 Lake Lotta Mall DRI, a part time ridesharing coordinator 20 shall be hired by the developer of the Lake Lotta Mall DRI and 21 funded by the developer of the Lake Lotta Mall DRI for the 22 life of the development orders for the DRI Projects. The 23 ridesharing coordinator is responsible for coordinating with 24 the area transit provider, conducting ridesharing campaigns 25 within the DRI Projects, publicity, processing applications, 26 distributing information (including transit information) , etc. 27 The Developer shall cooperate fully with and otherwise lend 28 non-financial support to the rideshare coordinator. When the 29 number of on-site residents who work, in combination with the 30 number of employment levels on site within the DRI Projects, 31 reach the 4, 000 level, this rideshare coordinator shall be a 32 full time position, with continued funding through the life of 33 the development orders for the DRI Projects being provided by 34 the developer of the Lake Lotta Mall DRI, and may be 35 incorporated into the functions of any Transportation 36 Management Association (TMA) , if one exists which services the 37 area of the DRI Projects. 38 39 22. Transit. Transit passenger shelters and transit parking bays 40 shall be constructed where necessary to augment and facilitate 41 the operations of off-site transit facilities. The Developer 42 shall work with LYNX on the design of bus facilities and 43 amenities, including bus stops, to be located within the 44 Project boundaries. The following transit provisions shall be 45 considered, in consultation with LYNX: 46 47 * Access and internal collector and arterial road 48 geometrics shall accommodate an eight (8) feet wide by 49 forty (40) feet long advance design coach. 50 51 * The Developer shall provide shelters and pull-out bays 52 along the on-site transit route. Shelter locations shall 22 1 be reasonably accessible via walkways/crosswalks for 2 pedestrian movement to and from buildings and meet all 3 regulations required under the Americans with 4 Disabilities Act of 1990 (as it may be amended from time 5 to time) . 6 7 * Appropriate signage and sufficient area lighting will be 8 required at all bus stops and shelter locations. 9 10 * Transit schedule and information displays will be 11 provided, at a minimum, at each on-site bus stop. 12 13 * Maintenance of transit amenities shall be the 14 responsibility of a property owners' association formed 15 by the Developer. 16 17 * Details, standards and phasing of all transit amenity 18 provisions must be approved by LYNX. 19 20 * Pedestrian movement between bus stops shall not exceed 21 1300 feet. 22 23 * Shuttle service within the Project should develop an 24 operating plan to coordinate with the LYNX regional 25 network, as applicable. 26 27 If additional property is necessary for bus stops beyond that 28 which can be accommodated within the existing right-of-way, 29 then this land shall be provided by the Developer. 30 31 23. Turn Lanes. In order to provide safe access and to preserve 32 operational capacity, left and right turn deceleration lanes 33 shall be constructed at all entrances of the DRI Projects 34 along SR 50, Clarke Road, and White Road . Access to all 35 roadways shall be limited to the greatest extent possible. 36 37 24. Access Points. In order to facilitate movement within the 38 site, minimize traffic on the regional roadway network and to 39 encourage sharing of access points to the regional roadway 40 network, the Developer shall: 41 42 i. allow connections between adjacent projects where land 43 use compatibility allows; and 44 45 ii. share and combine driveways and create internal 46 circulation systems to limit congestion along regional 47 roadways. 48 49 25. Transportation Management Association. 50 51 (a) The Developer shall become an active and financially 52 supportive member of any Transportation Management Association 23 1 (TMA) which services this area. Mandatory membership by all 2 non-residential entities within the DRI Projects shall be 3 required through enforceable covenants recorded at the time 4 of the first plat of any portion of the Property being 5 developed for non-residential purposes or other similar 6 mechanisms. 7 8 (b) Either through the TMA or individually, the 9 Developer shall provide or require of non-residential tenants 10 of the Project the following: 11 12 13 i. Preferential parking will be provided by employers 14 to their employees who participate in rideshare 15 programs. 16 17 18 ii. Promote and encourage variable work hours and 19 flextime participation by on-site employers. 20 21 iii. Make known to tenants and residents that the 22 Project area is served by an existing ridesharing 23 program operated by LYNX. Future transit (when 24 available) and current ridesharing information 25 shall be prominently displayed in all public 26 gathering areas, in employment centers and in 27 commercial center areas. 28 29 iv. Provide incentives, if necessary, to encourage the 30 establishment of day care facilities within the 31 Project. 32 33 26. Traffic Reduction Goals. The Developer shall commit to a 34 definite, but non-binding, percentage goal toward the 35 reduction in vehicle trips through the promotion of walking, 36 bicycling, ridesharing and transit usage. This shall be 37 encouraged by the Developer through incentives to tenants and 38 land owners within the Project. The percentage reduction 39 goals shall be as follows: 40 41 Lake Lotta Center DRI and Lake Lotta 42 Phase/ADT For Mall DRI Overall Peak Hour Traffic 43 DRI Projects Reduction Goal 44 45 I - 4, 108 ADTs 5.0% of peak hour volume 46 II - 6,874 ADTs 15.0% of peak hour volume 47 48 Within the context of the annual monitoring report, the 49 Developer shall present an evaluation of the state of the 50 alternate transportation systems serving the sites of the DRI 51 Projects. Progress shall be compared to the goals and 52 requirements stated above. Progress for the reporting year 24 1 shall be documented to include ridership levels, transit route 2 changes, alterations or additions, ridesharing participation, 3 transit amenity construction, park-and-ride lot sites and 4 other efforts which facilitate movement into and around the 5 site of the DRI Projects by means other than the single 6 occupant vehicle. 7 8 C. LOCAL CONDITIONS BY THE CITY OF OCOEE 9 10 1. Clarke Road. On or before the day a developer is issued a 11 building permit for a mall of at least 800, 000 gross square 12 feet on the real property which is the subject of the Lake 13 Lotta Mall DRI ("the Lake Lotta Mall DRI Property") , the 14 Developer shall donate and convey the following land to the 15 City for the future 6-laning (as an urban divided highway) of 16 that portion of Clarke Road adjacent to the Property: (1) a 17 strip of land within the Property located along the west side 18 of Clarke Road, the width of said strip of land being measured 19 as follows beginning at the intersection of Clarke Road and 20 White Road and running southerly: (a) a width of 34 feet for 21 a distance of approximately 660 feet, (b) continuing 22 southerly, a trapezoid tapering from a width 34 feet to 22 23 feet over a distance of approximately 400 feet, and (c) 24 continuing southerly, a width of 22 feet to the southern 25 boundary of the Property along the west side of Clarke Road; 26 (2) a strip of land within the Property located along the east 27 side of Clarke Road, the width of said strip of land being 22 28 feet for the full length of that portion of Parcel 3 fronting 29 on Clarke Road (said Parcel being the Project's single family 30 residential property on the east side of Clarke Road) ; (3) a 31 strip of land within the Property located along the south side 32 of White Road east of Clarke Road, the width of said strip of 33 land being 10 feet for the full length of that portion of 34 Parcel 3 fronting on White Road; and (4) a strip of land 35 within the Property located along the south side of White Road 36 west of Clarke Road, the width of said strip of land being 22 37 feet for a distance of approximately 700 feet west from the 38 intersection of Clarke Road and White Road (hereinafter 39 collectively referred to as "the Clarke Road Right-of-Way 40 Conveyances") . The Developer shall not receive any road 41 impact fee or other credits for Clarke Road Right-of-Way 42 Conveyances. The Clarke Road Right-of-Way Conveyances shall 43 be conveyed by warranty deed free and clear of all liens and 44 encumbrances except for easements of record. The Developer or 45 a property owners' association shall be responsible, at its 46 sole cost and expense, for maintenance of any such land 47 conveyed to the City until such time, if at all, as Clarke 48 Road is expanded to a 6-lane roadway or the City otherwise 49 expressly assumes maintenance responsibility. Prior to the 50 time of such expansion, the Developer shall have a right-of- 51 way and easement across such land as has been donated and 52 conveyed to the City for its benefit and that of its guests, 25 1 tenants, invitees, employees, mortgagees and other parties 2 needing access to the Property; provided, however, that the 3 Developer shall indemnify and hold the City harmless from any 4 and all costs, expenses, and liabilities, including but not 5 limited to attorney's and paralegal's fees and costs, whether 6 at the trial or appellate level, arising out of or related to 7 the use of such land by the Developer and its guests, tenants, 8 invitees, employees, mortgagees and other parties needing 9 access to the Property. Any such conveyance shall contain the 10 foregoing as a reservation in the warranty deed. The 11 aforementioned conveyances and grants to the City shall not be 12 construed to impose any obligation on the City to expand 13 Clarke Road to a 6-lane roadway or to acquire the right-of-way 14 needed for such expansion or to expend any public funds or 15 road impact fees for such purposes. 16 17 2. Condemnation for Clarke Road Expansion. In the event 18 additional land or easements are needed for the 6-laning of 19 Clarke Road between SR 50 and White Road, then, subject to the 20 terms and conditions hereinafter set forth, the City shall, to 21 the extent permitted by law, utilize its power of eminent 22 domain in order to acquire such additional land or easements 23 if requested to do so in writing by the Developer. If the 24 Developer requests such action by the City, then the City 25 shall be obligated to pursue such action only if the City and 26 the Developer first enter into an agreement which sets forth 27 the terms and conditions under which the City will utilize its 28 eminent domain powers, such agreement being acceptable to the 29 City in its sole discretion. Any such agreement shall: (a) 30 include a provision that the Developer (and such other persons 31 or entities, if any, who may join in such an agreement) shall 32 be responsible for all costs and expenses incurred by the City 33 in connection therewith including but not limited to the 34 monies paid by the City to the property owners as compensation 35 for the taking and/or acquisition of the land and easements 36 required (including any payments made to such property owners 37 for severance damages) , attorneys, appraisers, surveyors, 38 engineers, and land planners fees and costs (whether incurred 39 by the City on its behalf or paid to the owners of the land 40 being acquired) , and all other costs and expenses which the 41 City may be required to pay to the owners of the land 42 acquired, (b) include a provision providing the City with 43 satisfactory assurances of the aforementioned payments (which 44 may include a requirement for a deposit and/or payment to the 45 City in advance) , (c) include such indemnities as may be 46 required by the City, and (d) provide that the City shall not 47 be required to exercise its powers of eminent domain unless 48 there is a current plan for the 6-laning of Clarke Road. It 49 is the intent of the City and Developer that the City bear no 50 cost or expense whatsoever should the Developer request that 51 the City exercise its powers of condemnation as aforesaid. 52 26 1 3 . White Road. The Developer and the City acknowledge the need 2 to reduce the curvature of that portion of White Road 3 immediately west of Clarke Road (the "White Road 4 Improvements") . The Developer and the City further 5 acknowledge and agree that completion of the White Road 6 Improvements prior to the issuance of a building permit for 7 any portion of the Project is essential to the public health, 8 safety, and welfare. In order to assure that the White Road 9 Improvements are completed in a timely manner the following 10 conditions shall apply to the development of the Project: 11 12 (a) At the time a developer is issued a building permit 13 for a mall on the Lake Lotta Mall DRI Property of at least 14 800,000 gross square feet (or issued building permits which in 15 the aggregate allow for the construction of 800,000 gross 16 square feet of retail space) (the "Mall Building Permit") , the 17 Developer shall donate to the City the sum of $250,000.00 to 18 be applied by the City towards the design, engineering, 19 permitting and construction of the White Road Improvements. 20 The Developer shall not receive any road impact fee or other 21 credits for such donation. 22 23 (b) The Developer shall donate and convey to the City 24 such land on White Road west of Clarke Road and included 25 within the Property as the City determines is necessary for 26 reduction in the curvature of that portion of White Road 27 immediately west of Clarke Road (such donation and conveyance 28 being exclusive of turn lanes, deceleration lanes and 29 acceleration lanes, if any, required for the Project's single 30 family residential development west of Clarke Road) (the 31 "Additional White Road Right-of-Way") . The Developer shall 32 also donate and grant to the City a non-exclusive perpetual 33 drainage easement to utilize the sinkhole/pond within the 34 Property and south of White Road for retention purposes 35 required as a result of the White Road Improvements (the 36 "White Road Drainage Easement") . The dedication and 37 conveyance of the Additional White Road Right-of-Way shall be 38 warranty deed free and clear of all liens and encumbrances 39 except for easements of record. The grant of the White Road 40. Drainage Easement shall be in a form and content acceptable to 41 the City and shall be joined in and consented to by any 42 holders of mortgages or liens against the land encumbered by 43 such easement. The Developer shall not receive any road 44 impact or other credits for the dedication and conveyance of 45 the Additional White Road Right-of-Way or the grant of the 46 White Road Drainage Easement. The Developer shall convey the 47 Additional White Road Right-of-Way and grant the White Road 48 Drainage Easement within thirty (30) days of the date that the 49 City delivers to the Developer a legal description and sketch 50 of description of the Additional White Road Right-of-Way and 51 the lands encumbered by the White Road Drainage Easement. 52 27 1 (c) The City shall, at its sole cost and expense, 2 complete the design and engineering of the White Road 3 Improvements and based upon such design and engineering 4 prepare and deliver to the Developer a legal description and 5 sketch of description of the Additional White Road Right-of- 6 Way and the lands encumbered by the White Road Drainage 7 Easement (said legal descriptions being suitable for 8 conveyancing purposes) within six (6) months from the later of 9 (i) the date of issuance of the Mall Building Permit, or (ii) 10 the date that the Developer pays to the City the monies 11 required by subparagraph (a) above. The legal descriptions 12 provided by the City will be certified to the Developer and 13 utilized by the Developer for the conveyance of the Additional 14 White Road Right-of-Way and the grant of the White Road 15 Drainage Easement. The legal description of the Additional 16 White Road Right-of-Way shall be exclusive of turn lanes, 17 deceleration lanes and acceleration lanes, if any, required 18 for the. Project's single family residential development west 19 of Clarke Road. 20 21 (d) The City shall, at its sole cost and expense, permit 22 and construct the White Road Improvements subject to the 23 satisfaction of the following contingencies: (i) issuance by 24 the City of the Mall Building Permit; (ii) the receipt by the 25 City from the Developer of the sum of the monies required by 26 subparagraph (a) above; (iii) the receipt from the developer 27 of the Lake Lotta Mall DRI Property of the sum of $250,000.00 28 for the design, engineering, permitting and construction of 29 the White Road Improvements; and (iv) the conveyance of the 30 Additional White Road Right-of-Way and the grant of the White 31 Road Drainage Easement (collectively referred to as the "White 32 Road Contingencies") . The City shall proceed in good faith to 33 complete the construction of the . White Road Improvements 34 within twenty-four (24) months from the date of issuance of 35 the Mall Building Permit. For the purposes of this condition, 36 the City shall, in its sole and absolute discretion, determine 37 the final design and engineering• for the White Road 38 Improvements, said improvements being intended to reduce the 39 existing curvature of that portion of White Road west of 40 Clarke Road. 41 42 (e) The Developer will be allowed to include the 43 Additional White Road Right-of-Way donated to the City in the 44 calculation of the open space necessary for the development of 45 the Project's single family residential development west of 46 Clarke Road. 47 48 (f) The Developer or a property owner's association 49 shall be responsible, at its sole cost and expense, for 50 maintenance of the Additional White Road Right-of-Way conveyed 51 to the City until such time as construction of the White Road 52 Improvements are completed by the City. 28 1 (g) Notwithstanding any provision contained in this 2 Development Order to the contrary, the Developer shall not be 3 issued a building permit for any portion of the Project until 4 such time as the City has completed the design, engineering, 5 permitting and construction of the White Road Improvements. 6 7 4. Water and Sewer Service. The Developer shall obtain water and 8 sewer service from the City subject to and in accordance with 9 the Water and Sewer Agreements, ordinances, resolutions 10 (including but not limited to resolutions establishing rates 11 and fees) and policies of the City with respect thereto. 12 Pursuant to the Water and Sewer Agreements there will be 13 allocated to the Property an estimated 155,977 gallons/day of 14 water capacity and an estimated 140, 379 gallons/day of sewer 15 capacity for use in connection with the development of the 16 Project. Nothing contained in this Condition is intended in 17 any way to vitiate, affect or diminish the terms and 18 provisions of the Water and Sewer Agreements as they relate to 19 water and sewer service. The Developer has paid all sewer and 20 water fees and charges for the Property due to the City as of 21 the date of approval by the City of this Development Order. 22 23 5. Permit Expiration Periods. Expiration periods for permits 24 such as building permits, sewer permits, preliminary 25 subdivision plans, final subdivision plans, and other permits 26 or approvals shall be controlled as provided in applicable 27 ordinances and the particular permit. 28 29 6. Impact Fees. Except as provided in the Water and Sewer 30 Agreements with respect to water and sewer capital charges, 31 nothing contained in this Development Order shall be construed 32 to relieve the Developer of its obligation to pay all impact 33 fees and all other fees and charges which may from time to 34 time be required to be paid pursuant to applicable provisions 35 of the Code of. Ordinances of the City of Ocoee and any 36 resolutions adopted pursuant thereto. The Developer shall 37 comply with the City Road Impact Fee Ordinance, as it may from 38 time-to-time be amended. 39 40 7. Lake Lotta Vested Rights Certificate. All rights and 41 privileges of the Developer pursuant to the Lake Lotta PUD 42 Vested Rights Certificate and the allocation to the Property 43 of 2,715 vested ADT's for use in connection with the Phase I 44 development of the Project are merged into this Development 45 Order which supersedes and incorporates all of the rights and 46 privileges of the Developer pursuant to the Lake Lotta PUD 47 Vested Rights Certificate. The Developer shall not entitled 48 to claim any exemption from compliance with the terms and 49 conditions of this Development Order based upon the Lake Lotta 50 PUD Vested Rights Certificate. 51 - 29 1 8. Final Certificate of Concurrency. Notwithstanding any 2 provision to the contrary contained in the City of Ocoee Land 3 Development Code, this Development Order constitutes a Final 4 Certificate of Concurrency for Phase I of the Project and 5 reserves for Phase I of the Project capacity with respect to 6 traffic circulation, potable water, sanitary sewer, solid 7 waste, stormwater drainage and recreation. The aforementioned 8 reservations of capacity are subject to the following terms 9 and conditions: (i) compliance by the Developer with the terms 10 and conditions of this Development Order and any development 11 approvals subsequently issued by the City with respect to the 12 Project; (ii) development of the Property must be in 13 accordance with Phase I of the Project as described in and 14 approved by this Development Order; and (iii) the reservation 15 of capacity pursuant to this Development Order shall terminate 16 on the Phase I buildout date which is November 30, 2002. The 17 foregoing shall not be construed as exempting the Developer 18 from compliance with all applicable provisions of the City's 19 Land Development Code. This Development Order does not grant 20 any rights or privileges under the City's Concurrency 21 Management System with respect to (i) any Phase I development 22 of the Project commencing after the November 30, 2002 buildout 23 date for Phase I, or (ii) Phase II of the Project. The 24 Developer will be required to apply for and obtain a Final 25 Certificate of Concurrency in accordance with the then 26 applicable provisions of the City's Land Development Code with 27 respect to (i) any Phase I development of the Project 28 commencing after the November 30, 2002 Phase I buildout date, 29 and (ii) Phase II of the Project. The Phase I development of 30 the Project and the finding of entitlement to this Development 31 Order constituting a Final Certificate of Concurrency for 32 Phase I of the Project is made subject to the following: 33 34 (a) Traffic Circulation. Based on the transportation 35 modeling results submitted by the Developer, the total number 36 of average daily trips (ADTs) for Phase I of the DRI Projects 37 is 44,318 ADTe. Phase I of the DRI Projects will add 38,796 38 additional ADTs to the City's Concurrency Management System. 39 This includes an allowance for internal capture (100 ADTe) , 40 passer-by traffic (4, 329 ADTs) , and mass transit usage (1,093 41 ADTs) as presented by the Developer and Homart Development Co. 42 and accepted by the ECFRPC, FDOT, Orange County, and the City 43 of Ocoee through the Metropolitan Planning Organization. The 44 distribution of the 38,796 ADTs to the various road segments 45 was based on the modeling results. There is adequate capacity 46 on the roads for Phase I of the DRI Projects. So long as 47 there are no increases to the amount of commercial square 48 footage or the number of dwelling units, then Phase I of the 49 DRI Projects meets the level of service standards in the 50 City's Concurrency Management System for traffic circulation. 51 30 1 (b) Potable Water and Sanitary Sewer. The Developer has 2 adequate water and sewer capacity under the Water and Sewer 3 Agreements for Phase I of the Project. Prior to Final 4 Engineering approval for Phase I of the Project, or any 5 portion of Phase I, the specific amount of required water and 6 sewer capacity will be determined and a formal transfer of 7 water and sewer capacity from the Developer to the 8 developer(s) of Phase I of the Project will be required. If 9 the Developer develops Phase I, then the Developer will be 10 required to set up new accounts for water and sewer 11 specifically for the Project or the portion of Phase I being 12 developed. This is a condition of approval of the Final 13 Engineering plans. Nothing set forth in this subparagraph is 14 intended to modify the provisions of Condition 4 of Part II(C) 15 of this Development Order and, the provisions hereof are 16 supplemental thereto. 17 18 (c) Solid Waste. Solid waste services for commercial 19 customers and multi-family residential customers are handled 20 by a private contractor pursuant to an exclusive franchise 21 with the City of Ocoee. Prior to Final Engineering approval 22 for Phase I of the Project, or any portion of Phase I, the 23 Developer must make arrangements with the City's commercial 24 franchisee and include a letter from the City's commercial 25 franchisee indicating its ability to serve that portion of the 26 Project. As part of the review for solid waste, the Developer 27 must also provide the City with details on how the recycling 28 requirements will be met for commercial and multi-family 29 components of the Project and who will service the Project for 30 that purpose. These letters are a condition of approval of 31 the Final Engineering plans. The Developer will comply with 32 all applicable provisions of the Ocoee City Code and Land 33 Development Code with respect to solid waste as they may from 34 time to time be amended. 35 36 (d) Stormwater Drainage. Level of service standards for 37 stormwater drainage are analyzed on a case by case basis 38 during subdivision/site plan review. These standards are 39 consistent with the City of Ocoee Comprehensive Plan and the 40 Land Development Code with which all new development within 41 the City must comply. The necessary capacity for stormwater 42 drainage is determined by Final Engineering approval and St. 43 Johns River Water Management District permitting. The 44 Developer shall comply with all of the above per the 45 requirements of the City's Land Development Code as it may 46 from time to time be amended. 47 48 (e) Recreation. The City's level of service standard 49 for parks is 4 acres per 1, 000 population. Phase I of the 50 Project is projected to have a total population of 933. There 51 is adequate capacity in the system_to serve that population. 52 With a total of 151 single-family dwelling units and 200 31 1 multi-family dwelling units, Phase I of the Project meets the 2 level of service standards in the City's Concurrency 3 Management System for recreation. 4 5 9. Conflicts Between Agreements: In the event of any conflict 6 between the provisions of the Water and Sewer Agreements not 7 related to water and sewer matters and the provisions of this 8 Development Order as such provisions relate to the Property, 9 the provisions of this Development Order shall control. This 10 condition does not affect the Water and Sewer Agreements as 11 they relate to any lands other than the Property. 12 13 PART III. PERIOD OF EFFECTIVENESS 14 15 A. Subject to the provisions hereinafter set forth, this 16 Development Order and any subsequent amendment shall be 17 effective on the date a fully executed copy of this 18 Development Order is transmitted by the City to the Developer, 19 the Florida Department of Community Affairs and the East 20 Central Florida Regional Planning Council. The date of 21 transmission is also "rendition" under Rule 9J-28.025(5) , 22 Florida Administrative Code. Under Section 380.07, Florida 23 Statutes, an appeal may be taken within forty-five (45) days 24 after rendition and shall stay the effectiveness of this 25 Development Order. Notwithstanding the foregoing provision 26 and pursuant to Section 163. 3189 (2) , Florida Statutes, and 27 Rule 9J-11.011(11) , Florida Administrative Code, this 28 Development Order shall not become effective or authorize 29 development until City Ordinance No. 95-01 becomes effective, 30 said ordinance being an amendment to the City of Ocoee 31 Comprehensive Plan necessary for the development authorized by 32 this Development Order to be consistent with the City of Ocoee 33 Comprehensive Plan. 34 35 B. The Project's phase buildout and final buildout dates, as 36 established during the review by the City, are as follows: 37 The phase buildouts will occur in 2002 for Phase I and in 2005 38 for Phase II and Project buildout will be in the year 2005. 39 The right to develop subject to the terms, general provisions, 40 and conditions of this Development Order shall terminate on 41 November 30, 2008. The phase buildout dates as set forth 42 herein have been extended by 4 years 11 months after the dates 43 provided in the ADA. Extensions to the phase dates may be 44 made pursuant to Section 380.06(19) , Florida Statutes. Any 45 future extensions of the phase dates shall be reviewed 46 cumulatively with the extensions provided by this Development 47 Order condition to the original phase dates projected in the 48 ADA. 49 50 C. In the event the Developer fails to demonstrate reliance on 51 the Development Order by having substantially proceeded with 52 the development approved herein within seven (7) years of the 32 1 effective date of this Development Order, then in such event 2 development approval and this Development Order shall 3 terminate. This seven (7) year limitation shall not be used 4 to justify or to automatically extend the commencement or 5 buildout dates of the Project or any phase of the Project. 6 Any such proposed extension shall be considered pursuant to 7 the applicable development order amendment criteria of Chapter 8 380. 06, Florida Statutes. The above time limitations may be 9 extended on the City's finding of excusable delay, and no 10 adverse impacts resulting from the delay, in any proposed 11 development activity consistent with the substantial deviation 12 provisions of Subsection 380.06 (19) , Florida Statutes. For 13 the purpose of this condition, "substantially proceeded" shall 14 mean that the Developer shall have constructed or caused to be 15 constructed improvements that can be expected to generate at 16 least 135 total ADT (using the same calculations as the ADA) 17 representing five percent (5%) of the first phase of the 18 Project and shall have obtained a Certificate(s) of Occupancy 19 from the City with respect thereto. 20 21 D. The development approval granted by this Development Order 22 shall terminate upon any of the following events: (i) the Lake 23 Lotta Mall DRI Development Order does not become effective; or 24 (ii) the Lake Lotta Mall DRI Development Order is terminated 25 due to the failure of the developer of the Lake Lotta Mall DRI 26 to substantially proceed with the development approved therein 27 in accordance with the terms and conditions of the Lake Lotta 28 Mall DRI Development Order; or (iii) the Lake Lotta Mall DRI 29 Development Order is terminated due to the failure of the 30 developer of the Lake Lotta Mall DRI to obtain, within three 31 (3) years of the effective date of the Lake Lotta Mall DRI 32 Development Order, building permits for and commence 33 construction of improvements on the land which is the subject 34 of the Lake Lotta Mall DRI that can be expected to generate at 35 least 30, 000 total ADT, all in accordance with the terms and 36 conditions of the Lake Lotta Mall DRI Development Order. This 37 provision is supplemental to the provisions of Part III(C) 38 above. 39 40 E. Even though this Development Order may terminate, the 41 Developer and the Property shall remain bound by the terms, 42 general provisions and conditions of this Development Order as 43 they may apply to development that had been initiated up to 44 the time of termination. 45 46 47 PART IV. MONITORING PROCEDURES 48 49 A. The City shall have the primary responsibility for monitoring 50 the development and enforcing the provisions of this 51 Development Order. The City shall not issue any permits. or 52 approvals or provide any extension of services if the 33 1 Developer fails to act in substantial compliance with this 2 Development Order. 3 4 B. Compliance with the terms and conditions of this Development 5 Order shall be monitored through the provisions of the 6 established review and approval process for developments 7 pursuant to City of Ocoee monitoring procedures. The 8 established review and approval process for review of 9 development pursuant to provisions established by the City of 10 Ocoee Land Development Code constitutes the monitoring 11 procedure for assuring compliance with this Development Order. 12 The City Manager, or his authorized designee, shall be the 13 official responsible for monitoring compliance by the 14 Developer with this Development Order. 15 16 PART V. RESTRICTIONS ON DOWN ZONING 17 18 A. This Development of Regional Impact will not be subject to 19 down zoning, unit density reduction or intensity reduction for 20 a period of fifteen (15) years from the effective date of this 21 Development Order unless: (1) it is demonstrated that (a) 22 substantial changes in the conditions underlying the approval 23 of this Development Order have occurred, or (b) that this 24 Development Order was based on substantially inaccurate 25 information provided by the Developer, or (c) that the change 26 is clearly established by the City to be essential to the 27 public health, safety or welfare; or (2) this Development 28 Order is terminated pursuant to Part III (C) or Part IIID) 29 hereof. 30 31 PART VI. MODIFICATIONS TO THE DEVELOPMENT ORDER 32 33 A. The Developer shall submit, simultaneously, to the City of 34 Ocoee, the East Central Florida Regional Planning Council and 35 the Florida Department of Community Affairs (DCA) any requests 36 for approval of a proposed change to this Development Order. 37 Such submissions shall be reviewed pursuant to the guidelines 38 of Section 380.06(19) , Florida Statutes, shall be presented in 39 a format established by the DCA and shall include as a minimum 40 the precise language which is proposed for deletion or 41 addition to the Development Order and a statement summarizing 42 all previous changes that have been made to the Development 43 Order. It is understood that, as set forth in the DRI 44 Processing Agreement, modifications to either the Lake Lotta 45 Mall DRI and/or the Lake Lotta Center DRI with respect to the 46 areas of housing, transportation, air quality, wildlife and 47 vegetation, and wetlands shall be reviewed based on both DRI 48 Projects combined together to determine whether the proposed 49 modification will exceed any of the criteria set forth in 50 Section 380.06(19) , Florida Statutes. All modifications, 51 other than those specifically set forth in the DRI Processing 52 Agreement, shall be dealt with independently. 34 1 PART VII. ANNUAL REPORT REQUIREMENTS 2 3 A. The Developer will submit an annual report on or before the 4 anniversary date of the execution of this Development Order 5 for each calendar year of the life of this Development Order. 6 In the event that the Property is sold to one or more other 7 parties for development purposes, then the Developer may 8 assign the responsibility for seeing that the annual report is 9 timely submitted and addresses the cumulative development on 10 the entire Property. Each annual report will be submitted to 11 the City of Ocoee, the East Central Florida Regional Planning 12 Council, the Florida Department of Community Affairs, the 13 Florida Department of Transportation, the Florida Department 14 of Environmental Protection, the St. Johns River Water 15 Management District, and all other affected permit agencies. 16 The report shall include any information specifically required 17 to be included by the conditions of the Development Order, as 18 well as the information enumerated below, and shall be 19 presented in a format that complies with Section 380.06(18) , 20 Florida Statutes, and Rule 9J-2.025 (7) , Fla. Admin. Code. The 21 report to the City of Ocoee shall also include a statement 22 that all persons/agencies listed above have been sent copies 23 of the Annual Report. 24 25 B. The Annual Report shall address the following: 26 27 1. Changes in the plan of development or in the representations 28 contained in the ADA, or in the phasing for the reporting year 29 and for the next year; 30 31 2. A summary comparison of development activity proposed and 32 actually conducted for the year and a cumulative summary of 33 all development that has occurred under this Development 34 Order. 35 36 3. Identification of undeveloped tracts of land other than 37 individual single family lots, that have been sold to a 38 separate entity or developer; 39 40 4. Identification and intended use of lands purchased, leased or 41 optioned by the Developer adjacent to the original DRI site 42 since this Development Order was issued; 43 44 5. An assessment of the Developer's and the City's compliance 45 with each condition of approval contained in this Development 46 Order and the commitments which are contained in the 47 Application for Development Approval and which have been 48 identified by the City, the ECFRPC or the DCA as being 49 significant. 50 51 6. Any known incremental development of regional impact ("DRI") 52 applications for development approval or requests for a 35 1 substantial deviation determination that were filed during the 2 reporting year, or to be filed during the next year; 3 4 7. An indication of a change, if any, in local government 5 jurisdiction for any portion of the development since the 6 Development Order was issued; 7 8 8. A list of significant local, state and federal permits which 9 have been obtained or which are pending by agency, type of 10 permit, permit number and purpose of each; 11 12 9. A statement that all persons/entities have been sent copies of 13 the Annual Report in conformance with Subsections 380. 06(15) 14 and (18) , Florida Statutes. 15 16 10. A copy of any notice of the adoption of a Development Order or 17 the subsequent modification of an adopted Development Order 18 that was recorded by the Developer pursuant to Subsection 19 380. 06 (15) (f) , Florida Statutes. 20 21 11. A map of overall Project development at the same scale as the 22 master plan submitted in the original ADA. Graphically 23 depicted on the map shall be a) the boundaries of all 24 development approved during the reporting period, b) past 25 years and c) development expected to be approved in the coming 26 year. Within each boundary shall be the local approval number 27 and the amount of development approved; i.e. square footage, 28 dwelling units, etc. 29 30 12. The Development Summary Table (Exhibit X) shall be completed 31 each year to summarize development activity and to project 32 anticipated activity for the coming year. 33 34 13 . The Annual Report which addresses the last year for which 35 development has been authorized shall include a statement 36 indicating that all development authorized by the Development 37 Order has been completed or that no further development is 38 desired and that all conditions of approval applicable to the 39 completed Project have been satisfied. 40 41 C. If the City does not receive the Annual Report or receives 42 notification that the ECFRPC, the DCA or any affected permit 43 agency has not received the report, then the City shall 44 request in writing that the Developer submit the report within 45 thirty (30) days. The failure to submit the report after 46 thirty (30) days may result in the temporary suspension of 47 this Development Order by the City. 48 49 PART VIII. RECORDING 50 51 A. Within ten (10) days of the issuance of this. Development 52 Order, the Developer shall cause a Notice of the Adoption of 36 1 the Development Order and any subsequent modification of the 2 Development Order to be recorded, at the Developer's expense, 3 with the Clerk of the Circuit Court of Orange County, Florida 4 in which the development is located. This notice shall meet 5 the requirements of Section 380. 06 (15) (f) , Florida Statutes. 6 The recording of this notice shall not constitute a lien, 7 cloud, or encumbrance on the Property, or actual or 8 constructive notice of any such lien, cloud or encumbrance. 9 10 PART IB. MISCELLANEOUS CONDITIONS 11 12 A. It is specifically understood that the City is not 13 guaranteeing the appropriateness, efficiency, quality or 14 legality of the use or development of the Property, including, 15 but not limited to, flooding potential, drainage or sewer 16 plans, fire safety, or quality of construction, whether or not 17 inspected, approved, or permitted by the City of Ocoee. 18 19 B. The Developer, by executing this Development Order, 20 acknowledges that this Development Order is binding upon the 21 Property and the Developer, and that this Development Order 22 and all of the conditions of approval contained herein apply 23 to and control all further development of the Property, and 24 further that the conditions of approval run with the land and 25 are therefore applicable to and shall be complied with by any 26 subsequent purchaser, owner, or assignee of any portion of the 27 Property. 28 29 C. No change shall be made to this Development Order or to the 30 approved land uses, unless and until the City has approved and 31 authorized the change. The Developer shall fully comply with 32 Section 380.06(19) , Florida Statutes, regarding "substantial 33 deviations". 34 35 D. Development based upon this Development Order shall comply 36 with all other applicable federal, state, county and municipal 37 laws, ordinances, rules and regulations (including but not 38 limited to the City's Land Development Code, as amended from 39 time to time) except to the extent the applicable laws, 40 ordinances, rules and regulations are expressly waived or 41 modified by this Development Order or by action of the City 42 Commission of the City of Ocoee. 43 44 E. The Developer is hereby notified that the City and the 45 Developer are subject to the terms, provisions and 46 restrictions of Chapter 163, Florida Statutes. The City has 47 no lawful authority to exempt any private entity, or itself, 48 from the application of such state legislation (or any other 49 federal or state legislation or regulation which is beyond the 50 direct control of the City, and which is legally binding on 51 the City) , and nothing herein shall be construed as such an 52 exemption. 37 1 F. All captions in this Development Order are for convenience and 2 reference only, and the words contained therein shall in no 3 way be held to explain, modify, amplify, or aid in the 4 interpretation, construction or meaning of the provisions of 5 this Development Order. 6 7 PART X. SIGNATORIES 8 9 10 ISSUED THIS DAY OF , 1995. 11 12 CITY 13 14 CITY OF OCOEE, FLORIDA 15 16 17 18 By: 19 S. Scott Vandergrift, Mayor 20 21 Executed on: , 1995 22 Attest: 23 24 25 26 27 Jean Grafton, City Clerk 28 29 (SEAL) 30 31 32 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY 33 THE CITY OF OCOEE, FLORIDA. COMMISSION AT A SPECIAL MEETING HELD 34 APPROVED AS TO FORM AND ON JANUARY , 1995 35 LEGALITY this day of UNDER AGENDA ITEM NO. 36 , 1995 37 38 39 Foley & Lardner 40 41 42 43 By: 44 City Attorney 45 38 1 STATE OF FLORIDA 2 COUNTY OF ORANGE 3 4 I HEREBY CERTIFY that on this day, before me, an officer duly 5 authorized in the State and County aforesaid to take 6 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN 7 GRAFTON, personally known to me to be the Mayor and City Clerk, 8 respectively, of the CITY OF OCOEE, FLORIDA and that they severally 9 acknowledged executing the same freely and voluntarily under 10 authority duly vested in them by said municipality. 11 12 WITNESS my hand and official seal in the County and State last 13 aforesaid this day of , 1995. 14 15 16 17 Signature of Notary 18 19 20 21 Name of Notary (Typed,Printed or Stamped) 22 23 Commission Number(if not legible on seal): 24 My Commission Expires(if not legible on seal): 25 26 • 39 1 DEVELOPER 2 3 LAZE LOTTA, LTD. , 4 a Florida limited Partnership 5 6 By: LOTTA GP INC. , 7 a Florida corporation, its 8 managing general partner 9 10 11 BY: 12 Barry S. Goodman 13 President 14 15 (CORPORATE SEAL) 16 17 18 Executed on: , 1995 19 20 21 22 STATE OF FLORIDA 23 24 COUNTY OF 25 26 I HEREBY CERTIFY that on this day before me, an officer 27 duly authorized in the State and County aforesaid to take 28 acknowledgements, personally appeared BARRY S. GOODMAN as President 29 of LOTTA GP INC. , a Florida corporation, which is the managing 30 general partner of Lake Lotta, Ltd. , a Florida limited partnership, 31 and who [ ] is personally known to me or [ ] produced 32 as identification, and that he 33 acknowledged executing the same on behalf of said corporation and 34 partnership, freely and voluntarily, for the uses and purposes 35 therein expressed. 36 37 WITNESS my hand and official seal in the County and State 38 last aforesaid this day of , 1995. 39 40 41 42 43 Signature of Notary 44 45 46 47 Name of Notary ed,Printed or Stamped) 48 49 50 Commission Number(if not legible on seal): • 51 My Commission Expires(if not legible on seal): 52 40 EXHIBIT "A" (Page 1 of 4) PARCEL "B" (Comprised of Parcels 1 and 2) DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, recorded in Plat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South line for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09" W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39" E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet; thence run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of 162.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly having a radius of 605.00 feet; thence run Southeasterly.along the arc of said curve through a central angle of 30°41'03" for a distance of 324.00 feet; thence run N 89°45'04" E for a distance of 535.58 feet to the West Right-of-Way line of Clarke Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet;. thence run S 00°10'51" W for a distance of 562.45 feet to the point Of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run EXHIBIT "A" (Page 2 of 4) Southwesterly along the arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet; thence run S 41°31'50" W for a distance of 70.59 feet; thence run N 48°28'10" W for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 20.00 feet; thence run S 48°28'10" E for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 1291.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65°57'24" W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°11'36" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. Containing 63.936 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND 4 EXHIBIT "A" (Page 3 of 4) PARCEL 3 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the East 1/4 corner of said Section 21; thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21 for a distance of 1670.96 feet; thence run N 00°04'18" W along the East line of the West 3/4 of the Southwest 1/4 of said Northeast 1/4 of Section 21 for a distance of 878.68 feet to the POINT OF BEGINNING; thence continue N 00°04'18" W along said East line for a distance of 407.16 feet to the South Right-of-Way line of White Road; thence run S 89°42'3S" W along said South Right-of-Way line for a distance of 908.37 feet to the East Right- of-Way line of Clarke Road; thence run S 44°56'43" W along said East Right-of-Way line for a distance of 63.90 feet; thence run S 00°10'51" W along said East Right-of-Way line for a distance of 354.31 feet; thence run S 89°49'09" E for a distance of 955.13 feet to the POINT OF BEGINNING. Containing 8.810 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND ' EXHIBIT "A" (Page 4 of 4) PARCEL 4 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida and ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, as recorded in Plat Book "E", Page 52 of the Public Records of Orange County, Florida, being described as follows: Commence at the East 1/4 corner of said Section 21, thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21, for a distance of 1336.77 feet to the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21,- thence run S 00°14'27" W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet; thence run N 89°32'59" E along the North line of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES for a distance of 90.63 feet to the POINT OF BEGINNING; thence continue N 89°32'59" E along said North line for a distance of 1226.53 feet to the Northeast corner of said Tract 17; thence run S 00°26'33" W along the East line of said Tract 17 and the Southerly prolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3, Block "A" of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89°26'02': W along said South line of Lot 3, Block "A" and the Easterly prolongation for,a distance of 1223.25 feet to a point which lies N 89°26'02" E, a distance of 180.83 feet distant from the Southwest corner of said Lot 3, Blbck "A"; thence run N 00°14'27" E for a distance of 944.21 feet to the POINT OF BEGINNING. Containing 26.514 acres more or less and being subject to any rights-of-way, restrictions and easements of record. THE ABOVE DESCRIBED PROPERTY CONSISTING OF PARCELS B, 3 AND 4 TOTALING 99.26 ACRES, MORE OR LESS. EXHIBIT X DEVELOPMENT SUMMARY ----DEVELOPMENT SUMMARY--- TRAFFIC WATER AND SEWER Approved C.0's Approved Coming From Coming Allocated Estimated Usage Coming Year Land Use in D.O.' Year° Cumulative° Year` ADA° Year° Cumulative' Year° Water° Sewer10 Water" S e w e r ' T Water' Sewer1° TOTALS NA NA NA NA NA NA NA NA NA NA NA NA NA NA 1 Approved land uses in terms of square footage, dwelling units rooms or other appropriate measure. 2 Certificates of occupancy issued during the reporting year in terms of square footage, etc. 3 Certificates of occupancy issued since original development order approval, including that of column 2 in terms of square footage, etc. 4 Development program anticipated for the next annual reporting period in terms of square footage, etc. s Total average daily trips from the approved Application for Development Approval for this land use. 6 Average daily trips estimated from reporting period's development using the ITE 4th Edition Trip Generation rates. Total average daily trips from development since original development order approval, including that of column 6. 8 Average daily trips expected from the coming year's development. 9,10 Water and sewer service for which firm allocations have been made in gallons per day. 11,12 Total current project water and sewer demand. 13,14 Additional water and sewer demand expected from the coming year's development program. Also attach a current master plan which depicts the boundaries of all recorded plats and/or site plans for the reporting period, past years and areas expected to be submitted in the coming year. Within each boundary shall be the local approval number and amount of development approved • in terms of square footage, dwelling units, etc. A master plan should also be included which indicates wetlands and flood prone areas filled or disrupted and their mitigation and compensatory storage areas. Such activity should be shown for the reporting period, past years and expected for the coming year. AGENDA 1-26-95 ITEM DI G THISINSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY &LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 For Recording Purposes Only NOTICE OF ADOPTION OF DEVELOPMENT ORDER FOR THE LAKE LOTTA CENTER DEVELOPMENT OF REGIONAL IMPACT NOTICE IS HEREBY GIVEN, pursuant to the requirements of Section 380. 06(15) (f) , Florida Statutes, of the adoption of a Development Order for the Lake Lotta Center Development of Regional Impact ("Development Order") . On . January 26, 1995, the City Commission of the City of Ocoee, Orange County, Florida adopted the Development Order. The legal description of the real property covered by the Development Order is attached hereto as Exhibit "A" and by this reference made a part hereof ("the Property") . A copy of the Development Order is on file at the Office of the City Clerk, City of Ocoee, 150 North Lakeshore Drive, Ocoee, Florida 34761. The Development Order constitutes a land development regulation applicable to the Property. Pursuant to Section 380. 06(15) (f) , Florida Statutes, the recording of this Notice shall not constitute a lien, cloud, or encumbrance on the Property or actual or constructive notice of any such lien, cloud, or encumbrance. Executed as of the day of , 1995. OWNER LAKE LOTTA, LTD. , a Florida limited partnership, By: LOTTA GP INC. a Florida corporation, its managing general partner By: Barry S. Goodman President (CORPORATE SEAL) 1 N(‘ CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A SPECIAL MEETING APPROVED AS TO FORM AND HELD ON , 1995 LEGALITY this day of UNDER AGENDA ITEM NO. JANUARY, 1995 Foley & Lardner By: City Attorney 2 STATE OF COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared BARRY S. GOODMAN as President of LOTTA GP INC. , a Florida corporation, the managing general partner of LAKE LOTTA, LTD. , a Florida limited partnership, and who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the same on behalf of said corporation and said partnership freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 3 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): CAWP5I\DOCSWCOE LurrA\ADPf-CNr.NOT J 1/18/951 DEBBIEH I PER:dh 4 EXHIBIT NAN (Page 1 of 4) PARCEL "B" (Comprised of Parcels 1 and 2) DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, recorded in Plat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South line for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09" W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39" E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet; thence run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of 162.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly having a radius of 605.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 30°41'03" for a distance of 324.00 feet; thence run N 89°45'04" E for a distance of 535.58 feet to the West Right-of-Way line of Clarke Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet; thence run S 00°10'51" W for a distance of 562.45 feet to the point of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run EXHIBIT "A" (Page 2 of 4) Southwesterly along the arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet; thence run S 41°31'50" W for a distance of 70.59 feet; thence run N 48°28'10" W for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 20.00 feet; thence run S 48°28'10" E for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of `1291.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65°57'24" W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°11'36" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. Containing 63.936 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND EXHIBIT "A" (Page 3 of 4) PARCEL 3 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the East 1/4 corner of said Section 21; thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21 for a distance of 1670.96 feet; thence run N 00°04'18" W along the East line of the West 3/4 of the Southwest 1/4 of said Northeast 1/4 of Section 21 for a distance of 878.68 feet to the POINT OF BEGINNING; thence continue N 00°04'18" W along said East line for a distance of 407.16 feet to the South Right-of-Way line of White Road; thence run S 89°42'35" W along said South Right-of-Way line for a distance of 908.37 feet to the East Right- of-Way line of Clarke Road; thence run S 44°56'43" W along said East Right-of-Way line for a distance of 63.90 feet; thence run S 00°10'51" W along said East Right-of-Way line for a distance of 354.31 feet; thence run S 89°49'09" E for a distance of 955.13 feet to the POINT OF BEGINNING. Containing 8.810 acres more or less and being subject to any rights-of-way, restrictions and easements of record. .y AND EXHIBIT "A" (Page 4 of 4) PARCEL 4 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida and ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, as recorded in Plat Book "E", Page 52 of the Public Records of Orange County, Florida, being described as follows: Commence at the East 1/4 corner of said Section 21, thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21, for a distance of 1336.77 feet to the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21,- thence run S 00°14'27" W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet; thence run N 89°32'59" E along the North line of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES for a distance of 90.63 feet to the POINT OF BEGINNING; thence continue N 89°32'59" E along said North line for a distance of 1226.53 feet to the Northeast corner of said Tract 17; thence run S 00°26'33" W along the East line of said Tract 17 and the Southerly prolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3, Block "A" of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89°26'02': W along said South line of Lot 3, Block "A" and the Easterly prolongation for a distance of 1223.25 feet to a point which lies N 89°26'02" E, a distance of 180.83 feet distant from the Southwest corner of said Lot 3, Blbck "A"; thence run N 00°14'27" E for a distance of 944.21 feet to the POINT OF BEGINNING. Containing 26.514 acres more or less and being subject to any rights-of-way, restrictions and easements of record. THE ABOVE DESCRIBED PROPERTY CONSISTING OF PARCELS B, 3 AND 4 TOTALING 99.26 ACRES, MORE OR LESS. AGENDA 1-26-95 'i `' ITEM III G 1 c-�-► w- 2 PROPOSED DEVELOPMENT ORDER (PRINT DATE: 1/26/95) 3 4 5 1 2 3 4 DEVELOPMENT ORDER 5 6 LAKE LOTTA CENTER 7 DEVELOPMENT OF REGIONAL IMPACT 8 CITY OF OCOEE, FLORIDA 9 10 11 WHEREAS, It is the intent of the State of Florida, as 12 expressed in Chapter 380, Florida Statutes, to protect the natural 13 resources and environment of the state, facilitate orderly and well 14 planned development, protect the health, welfare, safety and 15 quality of life of the residents of the state; and 16 17 WHEREAS, The State of Florida has established land and water 18 management policies to guide and coordinate local decisions 19 relating to growth and development, and has determined that such 20 policies should, to the maximum possible extent, be implemented by 21 local governments through existing processes for the guidance of 22 growth and development, and has also determined that all the 23 existing rights of private property shall be preserved in accord 24 with the constitutions of the State of Florida and the United 25 States; and 26 27 WHEREAS, The Development of Regional Impact review program has 28 been established by the State of Florida in recognition that 29 certain development projects will, because of their character, 30 magnitude or location, have a substantial effect on the health, 31 safety or welfare of the citizens of more than one county; and 32 33 WHEREAS, Lake Lotta, Ltd. , a Florida limited partnership, has 34 filed an Application for Development Approval for a Development of 35 Regional Impact called Lake Lotta Center and relating to real 36 property located within the City of Ocoee, Florida; and 37 38 WHEREAS, this application has been reviewed by the East 39 Central Florida Regional Planning Council and the City of Ocoee, in 40 accordance with the requirements of Chapter 380, Florida Statutes. 41 42 NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City 43 Commission of the City of Ocoee, Florida, that, based upon the 44 Findings of Fact and Conclusions of Law set forth below, the Lake 45 Lotta Center Development of Regional Impact is APPROVED pursuant to 46 Section 380 . 06, Florida Statutes, subject to the following terms 47 and conditions : 48 49 1 • 1 PART I. FINDINGS OF FACT AND CONCLUSIONS OF LAW 2 3 A. FINDINGS OF FACT. The City Commission of the City of Ocoee, 4 Florida hereby makes the following Findings of Fact: 5 6 1 . On or about September 21, 1993, Lake Lotta, Ltd. , a Florida 7 limited partnership (hereinafter referred to as "Developer") , 8 whose principal place of business is 890 State Road 434 North, 9 Altamonte Springs, Florida 32714, filed an Application for 10 Development Approval pursuant to Chapter 380 . 06, Florida 11 Statutes for a Development of Regional Impact (DRI) called 12 Lake Lotta Center relating to real property located in the 13 City of Ocoee, Florida (hereafter referred to as "City" ) which 14 is more particularly described in Exhibit "A" attached to and 15 by this reference incorporated in this Development Order and 16 hereafter referred to as the "Property" . The Property 17 consists of a total of 99 .25 acres . 18 19 2 . On or about December 23 , 1993 , the Developer filed with the 20 East Central Florida Regional Planning Council (hereinafter 21 referred to as the "ECFRPC" ) , a First Sufficiency Response and 22 on or about February 4, 1994 filed with the ECFRPC a Second 23 Sufficiency Response thereby amending the DRI/ADA. Further, 24 on or about August 25, 1994, the Developer filed with the City 25 an Amendment to the DRI/ADA. The ADA, First Sufficiency 26 Response, Second Sufficiency Response and Amendment to the 27 DRI/ADA are incorporated herein by reference. 28 29 3 . The Developer' s authorized agent is Thomas A. Cloud, Gray 30 Harris & Robinson, P.A. , 201 East Pine Street, Suite 1200, 31 Orlando, Florida 32802-3068 . 32 33 4 . The owner of the Property is Lake Lotta, Ltd. , a Florida 34 limited partnership. 35 36 5 . The Developer is the owner of the Property and has the 37 authority to file the Application for Development -Approval 38 (ADA) and obtain a Development Order with respect to the 39 Property in accordance with Section 380 . 06, Florida Statutes., 40 41 6 . The Property does not lie within an Area of Critical State 42 Concern. 43 44 7. The application has been reviewed by and recommendations have 45 been received from the East Central Florida Regional Planning 46 Council as the regional planning agency which after balancing 47 the identified regionally significant impacts associated with 48 each of the six criteria of Subsection 380. 06 (12) (a) , Florida 49 Statutes, recommended to the City that the Lake Lotta Center 50 DRI Application for Development Approval be approved subject 51 to specific conditions. 52 53 8 . All public hearings as required by Section 380 . 06, Florida 54 Statutes, have been duly noticed and held, including without 1 limitation, hearings before the City Planning and Zoning 2 Commission on April 14, 1994 and January 12 , 1995, and the 3 City Commission of the City of Ocoee on May 2, 1994 and 4 January 26, 1995 . 5 6 9 . The Developer submitted to the City an application to amend 7 the City of Ocoee Comprehensive Plan, dated September 1993 , as 8 amended April 1994, for review and approval in conjunction 9 with the ADA for the Lake Lotta Center DRI. The application 10 to amend the City of Ocoee Comprehensive Plan consists of a 11 request to amend the Future Land Use Map to change portions of 12 the future land use designation of the Property from High 13 Density Residential (20 acres) and Low Density Residential (15 14 acres) to Commercial . Such amendment has been reviewed, 15 concurrently heard and approved by the adoption of Ordinance 16 No. 95-01, all as required by Section 380 . 06 (6) , Florida 17 Statutes. 18 19 10. The Developer has submitted to the City an application and 20 Land Use Plan for Planned Unit Development ( "PUD") zoning, 21 dated June 20, 1994, for the Property for review and approval 22 in conjunction with the ADA for the Lake Lotta Center DRI. 23 24 11. The future land use designations of the Property under the 25 City of Ocoee Comprehensive Plan, as amended by Ordinance No. 26 95-01, are Low Density Residential, High Density Residential 27 and Commercial . 28 29 12 . The proposed development program for the Lake Lotta Center DRI 30 consists of the following: 31 32 a. Total Development 33 3 1 LAKE LOTTA CENTER 2 DEVELOPMENT PROGRAM BY PHASE 3 Phase I Phase II Total 4 LAND USE 2002 2005 All Phases 11/30/2000* 11/30/2003* 5 (a) Residential 6 (i) High Density 200 DU -- 200 DU 7 8 (ii) Low Density 151 DU -- 151 DU 9 (b) Retail -- 275,000 GLA 275,000 GLA (288,200 GSF) (288,200 GSF) 10 11 12 DU = Dwelling Units 13 GLA = Gross Leasable Area 14 GSF = Gross Square Feet 15 16 RETAIL USES include all uses permitted under the City Land 17 Development Code within a C-2 Zoning District except for the 18 following uses which are hereby expressly prohibited: gasoline 19 stations, automobile sales, commercial convenience stores with or 20 without gas sales, drive-in restaurants with no inside seating, 21 equipment sales, miniature golf courses, pawn shops and funcral 22 homc3, funeral homes, nursing homes, non-retail galleries and non- 23 retail museums. Notwithstanding the foregoing or any provision to 24 the contrary contained in this Development Order, no more than 25 25 , 000 gross square feet of the Project ' s Retail Uses approved by 26 this Develo.men Order shall b- dev-lo•ed f.r use as medical 27 dental or professional officeg, Attached here o ae Exhibit "C: 28 and b this r-ference made a D- r hereof is Table 5-1 Use 29 Regulations, of the city_of Ocoee Lan Development_ Code which sets 30 forth those land uses permitted within a C-2 Zoning Distri t. 31 32 b Wetlands, Lakes & Streams 8 . 71 acres 33 34 c. Wildlife Protection 35 Area (Uplands) None 36 37 d. Parking Spaces 1, 650 spaces 38 $ This Development Order has extended the dates of each phase by 2 years 39 11 months after the dates provided in the ADA. Extensions to the chase dates may 40 be made pursuant to §380.06 (19) , Florida Statutes. Any future extensions shall 41 be reviewed cumulatively with the extensions provided by this Development Order 42 condition to the original phase dates projected in the ADA. 4 a 1 2 e. Estimated External 3 Traffic Generation for the 4 DRI Projects (excluding 5 internal capture of 100 ADTs) : 6 7 8 (i) Phase I 9 10 (a) Lake Lotta Mall DRI 41, 503 ADT 11 (b) Lake Lotta Center DRI 2 , 715 ADT 12 (c) Total Phase I 44, 218 ADT 13 14 (ii) Phase II 15 16 (a) Lake Lotta Mall DRI 10, 084 ADT 17 (b) Lake Lotta Center DRI 16, 389 ADT 18 (c) Total Phase II 26, 473 ADT 19 20 (iii) Phase I and II for 21 the DRI Projects 22 (excluding internal 23 capture of 24 3 ,460 ADTs) : 70, 691 ADT 25 26 f. Water Supply Provided By: 27 City of Ocoee in accordance with established 28 ordinances, resolutions and policies, and the 29 Water and Sewer Agreements as hereinafter 30 defined 31 32 g. Wastewater Service Provided By: 33 City of Ocoee in accordance with established 34 ordinances, resolutions and policies, and the 35 Water and Sewer Agreements as hereinafter 36 defined 37 38 h. Fire• Protection. Provided By: 39 City of Ocoee in accordance with established 40 ordinances, resolutions and policies 41 42 i. Project Phasing: 43 Two 44 45 L Open Space: 46 47 (i) At least twenty-five percent (25%) of 48 the residential lands constitutin• Parcels 49 1 3 and 4 as de•icted in Exhibit "B" hereto. 50 5 1 (ii) At least thirty percent (30.%) of the 2 (retail) lands constituting Parcel 2 as 3 depicted in Exhibit "B" hereto. 4 5 (iii) For the purposes hereof, "open space" 6 is defined as that portion of the Project,, 7 excluding natural water bodies, which is 8 unencumbered with any structure, roadway,, 9 driveway, off-street parking, or other 10 impervious_ surface, to include stormwater 11 retention pond areas, greenbelt/buffer areas, 12 sodded or _landscaped yards, recreation areas 13 and conservation areas . 14 15 13 . The lands which are the subject of the DRI Projects have been 16 previously approved for development by the City in accordance 17 with (i) that certain Land Use Plan for the Lake Lotta PUD as 18 approved by the City Commission of the City of Ocoee on 19 November 22, 1988, (the "Original Lake Lotta Land Use Plan") , 20 and (ii) that certain Development Agreement (Contract No. D88- 21 10) dated November 22, 1988, between the City and Lake Lotta, 22 Ltd. , as amended on August 21, 1990 (the "Original Lake Lotta 23 PUD Development Agreement") (collectively, the "Original Lake 24 Lotta PUD" ) . The City has previously issued Revised 25 Certificate of Vesting Number CV-93-07R, dated September 28, 26 1993 (the "Lake Lotta PUD Vested Rights Certificate") which 27 found the Original Lake Lotta PUD to be vested for a total of 28 20, 939 average daily trips with respect to development in 29 accordance with the Original Lake Lotta PUD. Lake Lotta, Ltd. 30 has previously requested that the City agree to allocate the 31 vested average daily trips ( "ADT' s") under the Lake Lotta PUD 32 Vested Rights Certificate as follows: (i) 18, 224 ADT' s to land 33 to be developed pursuant to the Lake Lotta Mall DRI for use 34 only in connection with Phase I of the Lake Lotta Mall DRI; 35 and (ii) 2, 715 ADT's to the Property for use only in 36 connection with the Lake Lotta Center DRI Phase I Low Density 37 Residential and High Density Residential developments. The 38 City has previously approved the aforesaid request of Lake 39 Lotta, Ltd. to allocate the vested ADT' s under the Lake Lotta 40 PUD Vested Rights Certificate, such approval being subject to 41 the adoption of DRI development orders for both the Lake Lotta 42 Center DRI and the Lake Lotta Mall DRI and both of said 43 development orders becoming effective. 44 45 14 . The Developer, its successors and assigns, have certain rights 46 to water and sewer service capacity as set forth in and 47 pursuant to the terms and conditions of (1) the City of Ocoee, 48 Florida - Water Plant No. 4 Potable Water Supply Agreement 49 dated January 24, 1984 (the "1984 Water Supply Agreement") , 50 (2) certain Wastewater Developer' s Agreements dated December 51 30, 1987, having Contract Numbers OWW-87-2 , OWW-87-3, OWW-87- 52 4, OWW-87-5, OWW-87-8, OWW-87-10, OWW-87-11, and OWW-87-12 6 1 (the "New Agreements" ) , (3) that Purchase and Sale Agreement 2 dated December 3 , 1987, as amended (the "1987 Sale 3 Agreement") , (4) those Stipulations for Settlement dated 4 December 21, 1987, in the Ninth Judicial Circuit Court (Case 5 No. CI 87-2462) and the United Stated District Court, Middle 6 District (Case No. 87-387-CIV-ORL-19) and that City Resolution 7 No. 87-23 , dated December 29 , 1987 authorizing certification 8 of the Stipulations (the "Stipulations" ) , (5) that Developer' s 9 Agreement dated November 22 , 1988 by and between the City and 10 Developer (the "November 22 , 1988 Developers ' Agreement for 11 Water Service" ) , (6) that Amendment to City of Ocoee Waste 12 Water Developers ' Agreements Nos . OWW-87-2, OWW-87-3 , OWW-87- 13 4, OWW-87-5, OWW-87-8, OWW-87-10, OWW-87-11, and OWW-87-12 14 dated October 1, 1992 (the "October 1, 1992 Agreement") and 15 (7) that Water and Sewer Revenue and Maintenance Fee Agreement 16 dated as of January 17, 1995 . These seven items are hereby 17 collectively referred to as the "Water and Sewer Agreements" . 18 19 B. CONCLUSIONS OF LAW. Based upon the Findings of Fact and the 20 Conditions of Approval hereinafter set forth, the City Commission 21 of the City of Ocoee, Florida hereby makes the following 22 Conclusions of Law: 23 24 1. The development permitted by this Development Order is 25 consistent with the achievement of the objectives of the State 26 Comprehensive Plan and the State Land Development Plan and 27 therefore will not unreasonably interfere with those 28 objectives. 29 30 2 . The development permitted by this Development Order is 31 substantially consistent with the report and recommendations 32 of the East Central Florida Regional Planning Council . 33 34 3 . The development permitted by this Development Order is 35 consistent with the adopted City of Ocoee Comprehensive Plan, 36 as amended, and the City of Ocoee land development regulations 37 and adequate public facilities are available for Phase I of 38 the Project. 39 40 PART II. CONDITIONS OF APPROVAL 41 42 A. GENERAL CONDITIONS 43 44 1 . The definitions contained in Chapter 380, Florida Statutes, 45 shall govern and apply to this Development Order. 46 47 2 . This Development Order shall be binding upon the Developer, 48 its assignees, or successors in interest, including any entity 49 that may assume any of the responsibilities imposed on the 50 Developer by this Development Order. Reference herein to any 51 public agency shall be construed to mean any agency that may 52 in the future be created or designated as a successor in- 7 ' 1 interest to, or that otherwise will possess any of the powers 2 and duties of the public agency with respect to the 3 implementation and administration of the DRI program and the 4 terms and conditions of this Development Order. 5 6 3 . For the purposes of this Development Order, "the Project" is 7 the work and development that is to occur on the Property as 8 permitted through this Development Order. The Project shall 9 consist of no more than the following uses: 10 11 LAKE LOTTA CENTER 12 DEVELOPMENT PROGRAM BY PHASE 13 Phase I Phase II 14 LAND USE 2002 2003 Totals 11/30/2000' 11/30/2003' 15 16 (a) Residential 17 (i) High Density 200 DU -- 200 DU 18 19 (ii) Low Density 151 DU -- 151 DU 20 (b) Retail 275,000 GLA 275,000 GLA (288,200 GSF) (288,200 GSF) 21 22 23 24 DU = Dwelling Units 25 GLA = Gross Leasable Area 26 GSF = Gross Square Feet. 27 28 RETAIL USES include all uses permitted under the City Land 29 Development Code within a C-2 Zoning District except for the 30 following uses which are, hereby expressly prohibited: gasoline 31 stations, automobile sales, commercial convenience stores with or 32 without gas sales, drive-in restaurants with no inside seating, 33 equipment sales, miniature golf courses, pawn shops and funeral 34 homes . , funeral homes, nursing homes, non-retail galleries and non- 35 retail museums. Notwithstanding the foregoing or any provision to 36 the contrary contained in this Development Order, no more than 37 25 , 000 gross square feet of the Project ' s Retail Uses approved by 38 i This Development Order has extended the dates of each phase by 2 39 Years 11 months after the dates provided in the ADA. Extensions to the phase 40 dates may be made pursuant to §380.06(19 . Florida Statutes. Any future 41 extensions shall be reviewe cumulatively with the extensions provided by this 42 Development Order condition to the original phase dates projected in the ADA. 8 ' 1 this Development Order shall be developed for use as medical , 2 dental or professional_offices . Attached hereto as Exhibit "C" 3 and by this reference made _ a part hereof is Table 5-1 Use 4 Regulations, of the City of Ocoee Land Development Code which sets 5 forth those land uses permitted within a C-2 Zoning District . 6 7 4 . The Project shall consist of no more than a total of 288,200 8 gross square feet of retail space with 1, 650 parking spaces on 9 35 acres, 200 dwelling units of high density residential 10 development on 17 . 8 acres, and 151 dwelling units of low 11 density single family residential development on 37 .75 acres, 12 all more or less, as more fully set forth in Condition 3 of 13 Part II (A) above and shall be developed in accordance with the 14 Rcvi3cd revised Master Development Plan (Revised Map H from 15 ADA) , which is presented as Exhibit "B" of this Development 16 Order and by this reference incorporated in this Development 17 Order. 18 19 5 . The Project shall be developed in accordance with the 20 information, data, plans and commitments contained in the Lake 21 Lotta Center DRI/ADA and its Supplemental Information, unless 22 otherwise directed by the conditions enumerated herein. For 23 the purpose of this condition, the ADA shall consist of the 24 following items: 25 26 (a) Lake Lotta Center DRI Application for 27 Development Approval dated September 21, 1993; 28 29 (b) First Sufficiency Response dated December 23, 30 1993 ; 31 32 (c) Second Sufficiency Response dated February 4, 33 1994; 34 35 (d) Amendment to the DRI/ADA dated on or about 36 August 25, 1994; 37 38 (e) Letter dated December 5, 1994 from Aaron 39 Dowling, Executive Director of ECFRPC, to Ellis Shapiro, 40 City Manager; 41 42 (f) Letter dated December 19, 1994 from Tom Cloud 43 to Aaron Dowling, Executive Director of ECFRPC; and 44 45 (g) Letter dated December 21, 1994 from Aaron 46 Dowling, Executive Director of ECFRPC, to Ellis Shapiro, 47 City Manager. 48 49 6 . The Lake Lotta Mall DRI is a proposed development that is 50 adjacent and contiguous to portions of the Project and 51 consists of commercial land use components. The Lake Lotta 52 Center DRI and the Lake Lotta Mall DRI (hereinafter 9 1 collectively referred to as the "DRI Projects" ) are two 2 separate and distinct projects which will be owned by 3 unrelated owners at the time of issuance of the first building 4 permit for either of the DRI Projects . The City is approving 5 a development order for the Lake Lotta Mall DRI on the same 6 date as it is approving this Development Order. After 7 adoption of the separate DRI development orders, each 8 development will be regulated by their respective DRI 9 development orders and without consideration of the other 10 project except for the areas of housing, transportation, air 11 quality, wildlife and vegetation, and wetlands as set forth in 12 that certain Lake Lotta DRI Processing Agreement dated 13 November 22 , 1994, entered into by the Developer, Homart 14 Development Co. , a Delaware corporation, and the State of 15 Florida Department of Community Affairs ( "DCA" ) pursuant to 16 Section 380 . 032 (3) , Florida Statutes (hereinafter referred to 17 as the "DRI Processing Agreement") , said DRI Processing 18 Agreement being incorporated herein by reference and made a 19 part hereof in the same manner as if fully set forth herein. 20 In the event of any conflict between this Development Order 21 and the DRI Processing Agreement, the provisions of the DRI 22 Processing Agreement shall control . 23 24 B. TERMS AND CONDITIONS RECOMMENDED BY THE EAST CENTRAL FLORIDA 25 REGIONAL PLANNING COUNCIL. AS AMENDED. 26 27 Archaeological Sites 28 29 1 . Archaeological Protection Requirements. Project construction 30 personnel shall be notified, through posted advisories or 31 other methods, of the potential for artifact discoveries on 32 the site and to report suspected findings to the Project 33 manager. In the event of discovery of artifacts of historical 34 or archaeological significance during Project construction, 35 the Developer shall stop construction at the site of 36 discovery and notify the City of Ocoee and the Division of 37 Historic Resources of the Florida Department of State. From 38 the date of notification, construction - shallbe suspended 39 within a 100 foot radius of the site of discovery fbr a period 40 of up to 120 days to allow evaluation of the site. 41 42 Vegetation and Wildlife 43 44 2 . Wildlife Protection. Except as otherwise allowable by this 45 Development Order, site development related activities shall 46 not result in the harming, pursuit or harassment of wildlife 47 species classified as endangered, threatened or a species of 48 special concern by either the state or federal government in 49 contravention of applicable state or federal laws. Should 50 such species be determined to be residing on, or be otherwise 51 significantly dependent upon the sites of the DRI Projects, _ 52 the Developer shall cease all activities which might 10 ' 1 negatively affect that individual or population and 2 immediately notify the Florida Game and Fresh Water Fish 3 Commission and the United States Fish and Wildlife Service. 4 Proper protection and habitat management, to the satisfaction 5 of the above agencies, shall be provided by the Developer. 6 7 "Harming" and "harassment" as used in this Condition shall be 8 defined in the same manner as "harm" and "harass" respectively 9 are defined in 50 CFR Section 17 .3 . 10 11 3 . Gopher Tortoise Protection. Mitigation of gopher tortoise 12 impacts shall be accomplished in a manner that is acceptable 13 to the Florida Game and Fresh Water Fish Commission and the 14 DCA and consistent with their applicable guidelines, with the 15 exception that on-site preservation shall not be an option. 16 The final mitigation option shall be determined prior to 17 approval of a final site plan or final subdivision plan by the 18 City of Ocoee. The final a•reed upon mitigation option shall 19 be inco •orated b reference into this D-velo•ment Order and 20 shall be enforced as a condition of this Development Order. 21 22 4 . Conservation Easements. Buffer yards of native transitional 23 or upland vegetation, or both, averaging 50 feet wide and with 24 a minimum width of 25 feet shall be retained around all on- 25 site wetlands associated with Lake Lotta. The buffer yards 26 shall be regarded as preservation areas and identified as 27 separate parcels for the purpose of protecting their natural 28 attributes . Developmental uses of these areas shall be 29 restricted by conservation easement or fee simple transfer 30 that is conveyed to the St. Johns River Water Management 31 District ( "SJRWMD" ) , City of Ocoee or a conservation oriented 32 entity acceptable to the SJRWMD. Such easements or other 33 transfers shall be accomplished and recorded in the public 34 records of Orange County at the time that development occurs 35 in any parcel that adjoins these preserved wetlands and their 36 buffer yards. Except when recorded as part of a plat, 37 notification and an exhibit depicting these areas shall be 38 submitted to SJRWMD and ECFRPC at the time of recordation. 39 40 5 . Wetland Buffers. All wetland buffer yards shall be delineated 41 with temporary protection such as silt fencing or similar 42 barriers prior to construction within adjacent parcels to 43 allow these areas to be maintained with existing native 44 vegetation. Use of these buffers shall be limited to docks, 45 boardwalks, pervious trails and passive, natural systems-based 46 recreation. Exotic vegetation may not be planted in these 47 buffers, but may be removed if it is now established, or if it 48 should become established within these areas . 49 50 51 52 11 ' 1 Public Facilities 2 3 6 . Nonpotable Water Needs . To meet the nonpotable water use 4 demands of the Project, the development shall use, in order 5 of priority: 6 7 i . all treated wastewater made available to the site and 8 which meets state criteria for reuse, up to the entire 9 nonpotable water demand; 10 11 ii . treated stormwater; and 12 13 iii . nonpotable quality groundwater; 14 15 unless otherwise directed by the City, Florida Department of 16 Environmental Protection, the St. Johns River Water Management 17 District, or other jurisdictional regulatory agency. Potable 18 water may be used for irrigation to the extent that lower 19 quality water is not available to meet the entire irrigation 20 need and its use otherwise complies with all applicable 21 governmental regulations. 22 23 7 . Irrigation. Irrigation shall be performed in accordance with 24 applicable City of Ocoee ordinances and policies and the 25 Florida Department of Environmental Protection and St. Johns 26 River Water Management District rules and regulations. 27 28 8 . Surface Water Management System. The Developer or a property 29 owners ' association formed by the Developer shall establish 30 and implement an inspection and maintenance program for all 31 components of the surface water management system for the 32 Project site to assure that the components continue to operate 33 at their design capacities for the life of the Project. This 34 program shall be submitted to the City prior to approval of a 35 final site plan or final subdivision plan for any portion of 36 the Project and shall be subject to review and approval by the 37 City. This program shall include, but not necessarily be 38 limited to: 39 40 i. Stormwater facility operating inspections on a regular 41 basis and following major rainfall events for the removal 42 of excessive sediment, debris or other flow obstructions; 43 44 ii. Routine maintenance activities (e.g. mowing, trash 45 removal, etc. ) ; 46 47 iii . Ongoing educational programs for maintenance staff 48 personnel regarding the correct usage of and application 49 rates for fertilizers and chemicals (e.g. herbicides) 50 within common areas that contribute runoff to the 51 stormwater management facilities, the removal of noxious 52 weeds and retention of desirable aquatic vegetation, and- 12 " 1 correct procedures for other maintenance/landscaping- 2 related activities which have the potential for adversely 3 affecting water quality conditions on the Project site. 4 5 9 . Property Owners ' Association. Prior to platting of any 6 portion of the Property, the Developer shall form a property 7 owners ' or similar association which will assume drainage 8 system operation and maintenance responsibilities and record 9 restrictive covenants with respect to the matters addressed in 10 Conditions 8 and 9 of Part II (B) of this Development Order. 11 The association shall be created with defined duties and 12 responsibilities regarding the operation and maintenance of 13 the surface water management system and ground and surface 14 water monitoring programs, and have sufficient legal authority 15 and power to establish the mandatory collection of fees and/or 16 assessments from all property owners for use in financing the 17 operation, replacement and maintenance of these systems and 18 programs. The restrictive covenants and documentation 19 forming the association shall be subject to the review and 20 approval of the City. Subject to the approval of the City, 21 separate associations may be formed based upon the ultimate 22 drainage system design for the Project. The Developer shall 23 provide acceptable documentation to the City of Ocoee and the 24 St. Johns River Water Management District that this condition 25 has been met at the time that such an entity is formed. 26 27 Housing 28 29 10 . Low Income Housing. 30 31 (a) The Developer has demonstrated that there is an 32 adequate housing supply to meet the demand for the very low 33 and low income employee households for Phase I of the DRI 34 Projects. A second supply inventory shall be conducted and 35 approved prior to the start of development beyond the 36 1, 350, 276 gross square feet of commercial authorized for Phase 37 I of the DRI Projects. The Developer will estimate the 38 demand for affordable housing based upon actual employees 39 hired in the previous phase for the DRI Projects and 40 estimated employees for the balance of the DRI Projects. The 41 Developer shall re-inventory the housing supply, using data 42 that is more up-to-date and cost sensitive than the Census 43 data. The Developer shall use a methodology adopted by rule 44 by DCA. If no such rule has been adopted, the Developer 45 shall use a housing methodology approved by the Department of 46 Community Affairs, the ECFRPC and the City. of Ocoee. 47 48 (b) Should the approved future analysis show a need to 49 mitigate the housing impacts of the DRI Projects, the 50 Developer must do one or more of the following within a ten 51 mile or twenty minute commute of the Project site (whichever 52 is closer) : 13 1 i. Build affordable housing units; 2 3 ii . Buy down unaffordable housing units through donations or 4 other mechanisms to make them affordable; 5 6 iii. Rehabilitate vacant substandard housing units to create 7 adequate affordable units; or 8 9 iv. Any other alternative acceptable to the Department of 10 Community Affairs, the East Central Florida Regional 11 Planning Council, and the City of Ocoee. 12 13 The Developer' s proposed mitigation shall be approved by the 14 DCA and the City and shall be included in the Development 15 Order by amendment . All housing provided for mitigation must 16 be available or guaranteed commitments made to assure that the 17 needed housing will be available within three (3) years of the 18 19 this three (3) year period, the Develeper shall report to the 20 = e - = - - , - - - - - , - - - ' - - - - - - - 21 22 this success. Ne nen residential development shall be 23 permitted for either ef the DRI Proj-ects beyond the three (3) 24 year period if this obligation has not bccn fully met in 25 accordance with theAdecipate Housing UnifQrm Standard Rule set 26 forth in Rule 9J-2 . 0. 8 Florida Admini-trative Code or such : 27 other alternatives _as _ are acceptable as_ set _ forth in 28 subparagraph_10_(3) (iv) above. 29 30 Transportation 31 32 11. Project Phasing. For the purpose of the transportation 33 conditions of this Development Order, the DRI Projects shall 34 be considered as one project and divided into and limited to 35 the following phases, based upon peak hour trip ends or total 36 average daily trip ends (based upon the then current ITE Trip 37 Generation manual), whichever comes first: 38 39 Phase Total Peak Total Average Cumulativ 40 (Year) Hour Trip Cumulative Daily e Average 41 Ends Per Peak Hour Trips Per Daily Phase Trip Ends Phase Trips 42 I 4, 108 4, 108 44, 318 44, 318 43 (2002) 44 (11/30/2000) 45 II 2, 766 6, 874 29 , 833 74, 151 46 (2005) . 47 (11/30/2003) 48 14 • 1 The numbers above include trips from both of the DRI Projects 2 with the first phase representing the mall development of 3 1, 245, 276 gross square feet (including a movie theater with up 4 to 61, 650 gross square feet) , 105, 000 gross square feet of 5 retail, 200 multi-family residential dwelling units and 151 6 single family residential dwelling units, only. The City of 7 Ocoee may approve any or all development utilizing these phase 8 trip levels, subject to the conditions within this 9 Development Order. 10 11 12 . Monitoring and Modeling Methodology. 12 13 (a) Prior to the initiation of each phase beyond Phase 14 I as identified in the preceding paragraph, the Developer 15 shall conduct a monitoring/modeling program. Said program 16 shall ascertain the level of service ( "LOS" ) on facilities 17 where the combined traffic from the DRI Projects is estimated 18 to contribute an amount of traffic greater than or equal to 19 ten percent (10%) of the LOS "C" service volume. The 20 methodology of the monitoring/modeling program shall be agreed 21 upon by the East Central Florida Regional Planning Council, 22 the City of Ocoee, Orange County, the Florida Department of 23 Transportation ( "FDOT" ) , the Florida Department of Community 24 Affairs and the Developer, with LYNX being included in an 25 advisory role only. All studies and monitoring/modeling 26 programs shall be consistent with the then current FDOT LOS 27 rules, procedures, and criteria. The depth of each monitoring 28 and modeling effort shall be similar to that required within 29 a DRI Application for Development Approval but shall be 30 compatible with the requirements of the City of Ocoee' s 31 Concurrency Management System as it relates to facilities 32 within the City of Ocoee. For the purposes of this 33 Development Order, the City of Ocoee' s Concurrency Management 34 System consists of any and all ordinances, resolutions and 35 regulations adopted by. the City Commission of the City of 36 Ocoee to implement the requirements of Section 163 .3202 (2) (g) , 37 Florida Statutes. In the event that all parties cannot come 38 to agreement on the methodology, the ECFRPC, Orange Cdunty and 39 the City of Ocoee shall be the final arbiters, with City of 40 Ocoee' s decision being final as it relates to City of Ocoee 41 facilities (i.e. , facilities located within the corporate 42 limits of the City or for which the City has primary 43 maintenance responsibilities) and the ECFRPC' 3,,__ Orange 44 County' s decision being final as it relates to Orange County 45 facilities, and the- ECFRPC' s decision being final as it 46 relates to all other facilities; provided, however, that the 47 final arbitration shall not be construed to prevent the DCA 48 from enforcin• its obli•ations and ri•hts under Chaster 380 49 Florida Statutes . 50 51 (b) The following list of facilities indicates those_ 52 roadways within the study area which were analyzed for full 15 • ' 1 buildout of the DRI Projects. The facilities to be monitored/ 2 modeled for the next phase may include, but shall not be 3 limited to, those segments of the regional roadways within the 4 attached list and one segment beyond where the DRI Projects 5 are estimated to contribute a cumulative amount of traffic 6 greater than or equal to ten percent (10%) of the LOS "C" 7 service volume, based on the modeling of the buildout of the 8 subsequent phase. The analyzed facilities will include 9 signalized intersections and link analyses of collector and 10 higher classified roadways and interchange ramps. 11 12 The ECFRPC, FDOT, DCA. Orange County and City of Ocoee shall 13 have the right to make reasonable requests for additional 14 information from the Developer to verify adherence to these 15 provisions. The Developer shall supply adequate information 16 toward compliance with these requirements. 17 18 19 Candidate Roadways for Monitoring/Modeling Study 20 21 o CR 535 from Tilden to- SR 50 22 o Maguire Road from Roberson to SR 50 23 o Bluford Avenue (SR 439) from SR 50 to Silver Star 24 Road 25 o Clarke Road from SR 50 to A.D. Mims Road 26 o Apopka Vineland Road from Conroy Windermere-Gotha 27 Road to Old 28 Winter Garden Road 29 o Apopka Vineland Road from Silver Star Road to 30 Clarcona-Ocoee Road 31 o Good Homes Road from Old Winter Garden Road to 32 Silver Star Road 33 o Hiawassee Road from Conroy-Windermere Road to 34 Silver Star Road 35 o Old Winter Garden Road from Kirkman Road to SR 50 36 o East-West Expressway from Kirkman Road to Florida' s 37 Turnpike 38 o Colonial Drive (SR 50) from John Young Parkway to 39 CR 455 40 o Balboa Drive from Powers Drive to Good Homes Road 41 o Geneva Street from Bluford to Kissimmee Avenue 42 o Story Road from Kissimmee Avenue to West Plant 43 Street 44 o White Road from Good Homes Road to Bluford Avenue 45 o Silver Star Road (SR 438) from Powers Drive to 46 Ocoee-Apopka Road 47 o A.D. Mims Road from Apopka-Vineland Road to 48 Clarcona-Ocoee Road 49 50 (c) In the event that a roadway widening is identified 51 which is not compatible with adopted policy of the FDOT or 52 local government (constrained) , then the Developer, City of 16 1 Ocoee, the DCA if a re• ional road the East Central Florida 2 Regional Planning Council and the party having either 3 maintenance or jurisdictional responsibility for the facility 4 shall jointly determine alternate mitigation solutions to 5 provide for the movement of people. 6 7 13 . Monitoring and Modeling Results. 8 9 (a) The DRI Projects shall not commence beyond Phase I 10 (an equivalent of 4, 108 total peak hour trip ends or 44, 318 11 total average daily trips) into Phase II as identified above 12 when service levels are below the minimum service level 13 adopted in the applicable local government ' s comprehensive 14 plan for that specific roadway using average daily trips and 15 peak hour trip ends and the DRI Projects contribute, or are 16 projected to contribute with the next phase of traffic, ten 17 percent (10%) or greater to the LOS "C" service volume of the 18 roadway or intersection as determined by the monitoring 19 program required in the preceding condition, unless 20 mitigation measures and/or improvements are secured and 21 committed for completion during the phase in which the impacts 22 occur. 23 24 (b) Prior to the commencement of Phase II, this list of 25 committed roadway improvements must be identified. These 26 improvements shall occur by the required threshold in order 27 for the Project to proceed through the balance of the phase. 28 If the Developer can demonstrate that a portion of a phase 29 does not adversely affect the Regional Roadway network as 30 determined by the monitoring and modeling tests discussed 31 above, then the Developer may proceed with that portion of the 32 phase (and only that portion) . It is the intent of this 33 condition to ensure that this Development Order is consistent 34 with the provisions of Chaptcr Sections. 380.06 (15) (e) (1) and 35 380 . 06 (15) (e) (2) ; provided, however, that this shall not be 36 construed to obligate the City to spend any funds to improve 37 state roads. Further, this condition is intended to-avoid the 38 conflict of simultaneously applying the differing standards of 39 the aforesaid ten percent (10%) rule and the City' s 40 Concurrency Management System. Should the provisions of this 41 Development Order give directions that prevents compliance 42 with the City of Ocoee Concurrency Management System, then 43 the City of Ocoee Concurrency Management System will govern on 44 all non-otato regional roadways. 45 46 (c) To aid in assessing the Project ' s potential for 47 impacting facilities, DRI Annual Reports shall include 48 documentation that the applicable level of service 49 requirements are being met. Such documentation shall include 50 current roadway LOS (may be obtained from latest Concurrency 51 Management System data of the City of Ocoee and/or the 52 applicable local government) , Project traffic contributed to 17 • ' 1 the roadway facility (based on latest test 2 modeling/monitoring effort) and other appropriate information. 3 4 14 . Tri-Party Agreement . Toward the achievement of the objectives 5 in the two preceding conditions, an agreement (s) among the 6 City of Ocoee, Orange County, and the Developer shall be 7 entered into within twelve (12) months of the initiation of 8 Project site development . Said agreement (s) shall address and 9 clarify such issues related to equity in the application of 10 fees for transportation improvements . Said fees shall be 11 based on a fair-share basis with respect to the improvements 12 to be provided and not solely on the basis of impact fees . 13 However, such an agreement would not alter or waive the 14 provisions and requirements of the other recommendations of 15 the Development Order as a mitigative measure for the 16 transportation impacts of the DRI Projects. In thc event 17 that one Development Permits, as defined in Section 18 163 .3164 8 Florida Statutes shall not be withheld due to 19 the failure of one or more of the designated parties to the 20 said agreement (other than the Developer) fail3 to cxccuto 21 oaid interlocal agreement (3)- w4thin the 3pccificd timc, then 22 thc Dcvcloper may procccd with thc Projcct ba3cd upon the 23 monitoring/modeling 3chcdulc and all othcr rccommcndationo 24 3pccificd herein- as it affccto thc non participating party to 25 execute said agreement. Separate agreements may be entered 26 into with one or more parties and the Developer. Nothing 27 contained herein shall be construed to require the City to 28 appropriate road impact fees for purposes which are not 29 permitted by the City of Ocoee Road Impact Fee Ordinance. 30 31 15 . Mitigation. The following improvements are those either 32 assumed to be in place (because they are already funded) or 33 are necessary as a result of this Project' s background 34 traffic and the Project contributes ten percent (10%) or 35 greater to the design service volume of the facility. Those 36 programmed improvements must be complete and operational on or 37 before the date of issuance of the first certificate of 38 occupancy for any portion of the DRI Projects. Those not 39 programmed shall be operational at the time or ADT level 40 specified: 41 42 Phase I requirements 43 44 Intersections 45 46 o Hiawassee and SR 50 shall be improved by adding 47 northbound and southbound exclusive right-turn lanes 48 prior to issuance of the first certificate of occupancy 49 for either of the DRI Projects. 50 51 Phase II requirements 52 18 ' 1 Roadways 2 3 o Clarke Road must be six (6) laned from SR 50 to White 4 Road. 5 o Old Winter Garden Road must be four (4) laned from 6 Hiawassee Road to Good Homes Road. 7 o Colonial Drive (SR 50) must be six (6) laned from Kirkman 8 Road to Old Winter Garden Road. 9 o Silver Star Road must be four (4) laned from Hiawassee 10 Road to Clarke Road. 11 12 Intersections 13 14 o Old Winter Garden Road and Hiawassee Road; add northbound 15 right turn lane. 16 o Old Winter Garden Road and Good Homes Road; Signalize and 17 add eastbound and southbound left turn lanes, add 18 westbound right turn lane. 19 o SR 50 and Pine Hills Road; Add northbound right turn 20 lane, add eastbound left turn lane. 21 o SR 50 and Kirkman Road; add southbound left turn lane, 22 add westbound and eastbound through lanes. 23 o SR 50 and Hiawassee Road; add northbound, southbound and 24 eastbound right turn lanes. 25 o SR 50 and Clarke Road; add southbound left turn lane and 26 northbound and- southbound through. lanes. 27 28 The necessity for construction of these facilities prior to 29 the Project ' s generation of the referenced number of trips 30 shall be subject to the results of monitoring and modeling 31 studies conducted pursuant to the other terms of this 32 Development Order. The burden of proof is upon the Developer 33 to show that any particular improvement listed above is not 34 required or may be delayed. The final decision rcsts with thc 35 Florida Department et Transportation on state facilities, the 36 City of Ocoee on all non state roadways within thc corporate 37 • - 38 maintenance responsibilities- and thc- Eaot Central Florida 39 Regional Planning Council for all other roadways. In the 40 event a monitoring and modeling study determines that 41 different roadway improvements are required (including roadway 42 segment, type of improvement and timing) other than those in 43 the aforementioned list, then this Development Order shall be 44 amended grior to the commencement of Phase II pursuant to the 45 provisions of Subsection 380 . 06 (19) , Florida Statutes, to 46 reflect the required revision. 47 48 16 . Committed Improvements. 49 50 (a) If the City of Ocoee Comprehensive Plan 51 comprehensive plan of the local government having jurisdiction 52 over the roadway is in compliance with Chapter 163, Part II, 19 ' 1 Florida Statutes, and -includes a transportation concurrency 2 management system that recognizes improvements scheduled 3 within the first three years of the capital improvements 4 schedule (pursuant to Rule 9J-5 . 0055 (2) (c) , Florida 5 Administrative Code) , then those improvements may be counted 6 as committed. If the City of Ococc Comprchcnoivc Plan 7 comprehensive plan of the local government having jurisdiction 8 over the roadway is not in compliance, or does not include a 9 transportation concurrency management system that recognizes 10 improvements scheduled within the first three years of the 11 capital improvements schedule, then only improvements 12 scheduled for construction within the first three years of the 13 current FDOT improvement program or within the first year of 14 the local work program may be counted as committed. 15 16 (b) Committed improvements may also include (i) a 17 binding financially secured and irrevocable commitment by the 18 Developer or other applicable persons or entities for the 19 design, engineering and actual construction of the necessary 20 improvements (with the posting of a cash bond, surety bond, 21 irrevocable letter of credit or other security in a form 22 satisfactory to the City of Ocoee) , which requires 23 construction to occur during the applicable phase and must be 24 in accordance with the requirements of applicable law, and 25 must otherwise comply with the requirements of the City of 26 Ocoee Comprehensive Plan, or (ii) any alternative mutually 27 agreed upon by the City of Ocoee, the ECFRPC, the Florida 28 Department of Community Affairs and the Developer and 29 incorporated into the tug. Development Order by amendment. 30 Option (i) above shall be _ applicable only to roadway 31 improvements which are specifically listed in this Development 32 Order, as it may be amended from time to time. - In the event 33 the Develo•er utilize- said O•tion i above notice shall be 34 • iven • the De•artment of Communit Affairs of su h action at 35 or before the time of a• •roval of the form of securit b the 36 City of Ocoee, and the selection of said Option (il may in no 37 event dela the timin• or chane the na ure of the s•-cified 38 im•rovement without an am-ndment of this Develo•ment Order. 39 Construction of any such_ committed improvement _ _must be 40 commenced and thereafter com•leted at or •rior to the 41 a• •licable_ time s reflected in this Develo•ment Order or an 42 amendment to this Development Order shall be required., 43 44 17. Proportionate Share Agreement. 45 46 (a) In the event that the monitoring/modeling results, 47 as set forth in Conditions 12 and 13 of Part II (B) of this 48 Development Order, show that improvements must be made to 49 state roads and if mitigation is not provided as set forth in 50 Conditions 15 and 16 of Part II (B) of this Development Order, 51 then prior to any construction of any portion of Phase II and 52 subject to the provisions of Section 380 . 06 (15) (e) , Florida 20 1 Statutes, the Developer, the City of Ocoee and the Florida 2 Department of Transportation (FDOT) shall enter into an 3 agreement which ensures that (i) a proportionate share payment 4 is made by the Developer to the FDOT for Project impacts to 5 SR 50 (West Colonial Drive) from Hiawassee Road to Old Winter 6 Garden Road and for impacts to SR 438 (Silver Star Road) from 7 Hiawassee Road to Clarke Road, (ii) said proportionate share 8 payment shall be used by FDOT only for the design, 9 engineering, permitting and/or construction of improvements to 10 the aforesaid state road segments, and (iii) said 11 proportionate share payment by the Developer constitutes 12 adequate provision for the public facilities needed with 13 respect to said state road segments to accommodate the impacts 14 of the Project from the date of issuance of the first 15 certificate of occupancy for the DRI Projects through Phase II 16 buildout, as required by Section 380 . 15 (c) (2) 17 380 . 06 (152Le 2 , Florida Statutes. The geographical limits 18 subject to this condition may be decreased if the FDOT 19 determines that the levels of service will be acceptable. The 20 calculations shall consider theens Project ' s impacts from 21 the date of issuance of the first certificate of occupancy for 22 the mall within the Lake Lotta Mall DRI through Pha3c II 23 buildout of both Phase I and Phase II of the Project. 24 Determination of the proportionate share payment shall use the 25 following proportionate share contribution formula: 26 27 DRI Trips 28 X Cost 29 SV Increase 30 31 For this formula, DRI Trips is the cumulative number of the 32 trips from the development expected to reach the roadway 33 during the peak hour from the complete Phase II buildout; SV 34 Increase is the change in peak hour maximum service volume of 35 the roadway resulting from construction of the improvement 36 necessary to maintain the desired level of service; and, Cost 37 is the cost of construction, at the time of developer payment, 38 of an improvement necessary to maintain the desired level of 39 service. Construction cost includes all improvement 40 associated costs, including engineering design, right-of-way 41 acquisition, planning, engineering, inspection, and other 42 associated physical development costs directly required and 43 associated with the construction of the improvement, as 44 determined by the governmental agency having maintenance 45 authority over the roadway. 46 47 (b) The City of Ocoee has not agreed and is not by this 48 Development Order placed under any duty or obligation to 49 commit to make adequate provision for the public facilities 50 needed with respect to state road segments to accommodate the 51 impacts of the DRI Projects from the date of issuance of the 52 first certificate of occupancy through Phase II buildout as 21 • ' 1 required by Section 380 . 06 (15) (c)-444} 380 . 06 (15) (e) (2) , 2 Florida Statutes; however, the intent of this Condition is to 3 insure that adequate provision is made by the developers of 4 the DRI Projects for the public facilities needed with respect 5 to state roads in order to accommodate the impacts of the DRI 6 Projects from the date of issuance of the first certificate of 7 occupancy through Phase II buildout . 8 9 (c) Notwithstanding any provision contained herein to 10 the contrary, the City of Ocoee shall have no financial 11 responsibility to contribute to or participate in the funding 12 of the design, engineering, permitting and/or construction of 13 improvements to any state roads, including but not limited to 14 SR 50 (West Colonial Drive) and SR 438 (Silver Star Road) . 15 16 (d) Prior to the commencement of any construction of any 17 portion of Phase II, this Development Order must be amended 18 pursuant to Section 380. 06 (19) , F.S. to include this agreement 19 if the monitoring/modeling results as set forth in Conditions 20 12 and 13 of Part II (B) above show that improvements must be 21 made to otate regional roads and if mitigation is not provided 22 as set forth in Conditions 15 and 16 of Part II (B) above. 23 24 (e) The monitoring and modeling required after Phase I 25 and prior to Phase II shall be used to verify impacts from 26 Phase I and to more accurately estimate probable impacts from : 27 Phase II. If necessary, the fair share amount will be 28 adjusted to reflect actual impacts from Phase I and the more 29 accurate information which will result from the Phase II 30 estimates. If it is verified that the roadway improvements 31 listed above are still needed, then the Project shall not 32 proceed into Phase II until payment is made and said 33 improvements are scheduled for construction in the FDOT work 34 program within the first three years from when the impacts are 35 estimated to be significant and adverse. 36 37 (f) If the parties cannot reach agreement independently 38 by that time, or if so desired by the parties at any time 39 prior to that, thenthe issues in dispute shall be submitted 40 to the East Central Florida Regional Planning Council for 41 voluntary mediation pursuant to its adopted Dispute Resolution 42 Process. The solutions recommended as a result of this 43 process shall be implemented and the this Development Order 44 amended pursuant to Section 380 .06 (19) , F.S . to include these 45 solutions; provided, however, that these solutions must be 46 acceptable to the City of Ocoee in its sole discretion and 47 that these solutions shall not include any requirement that 48 the City of Ocoee participate in or contribute to the funding 49 of improvements to any state roads. 50 51 (g) This agreement shall apply only to the facilities 52 listed within this condition and shall be consistent with the- 22 1 provisions of Rule 29F-3 . 11 (3) (g) , Florida Administrative 2 Code, and Section 380 . 06 (15) (e) , Florida Statutes . 3 4 18 . S .R. 50 Grade Separation. As a part of the monitoring and 5 modeling effort which is required prior to Phase II, special 6 emphasis shall be placed on the potential need for grade 7 separation at the intersection of SR 50 with Clarke Road and 8 the East-West Expressway, based upon the conditions at 9 buildout of the DRI Projects. 10 11 19 . Traffic Data for Annual Report . In each DRI Annual Report, 12 the Developer agrees that it shall report all information 13 required in Rule 9J-2 . 025, Florida Administrative Code. In 14 addition, the Annual Report shall include the cumulative 15 external traffic being generated by the Project, either by 16 actual count or through utilization of the most current 17 edition of the Institute of Transportation Engineer' s Trip 18 Generation manual and development occupancy data. The chosen 19 method shall be used consistently through the life of the 20 Project . 21 22 20 . Pedestrian and Bicycle Circulation. 23 24 (a) In the interest of safety, and to promote 25 alternative forms of transportation, the Developer shall 26 provide a safe system for cyclist and pedestrian circulation 27 on site. Walkways and bikeways shall be constructed between 28 the mall and peripheral retail of the Lake Lotta Mall DRI and 29 the planned residential development of the Project with 30 consideration given toward the security of residential areas. 31 On-site bikeways shall be connected with external bicycle 32 systems and will be provided in accordance with the current 33 City of Ocoee standards at the time of implementation. 34 Appropriate signage identifying bike routes will be installed. 35 The provision of showers and lockers for employees is strongly 36 encouraged at places of employment. 37 38 (b) The Developer shall consult with the ECFRPC' s or 39 County bicycle coordinator and the City of Ocoee Engineer 40 regarding the provisions for pedestrian and bicycle 41 facilities . 42 43 21 . Ridesharing Program. The Developer shall make known to 44 tenants and residents of the Project that it is served by an 45 existing ridesharing program operated by LYNX. Transit and 46 current ridesharing information shall be prominently displayed 47 in all public gathering areas, in employment centers, and in 48 commercial center areas. Upon opening of the mall within the 49 Lake Lotta Mall DRI, a part time ridesharing coordinator 50 shall be hired by the developer of the Lake Lotta Mall DRI and 51 funded by the developer of the Lake Lotta Mall DRI for the 52 life of the development orders for the DRI Projects . The 23 1 ridesharing coordinator is responsible for coordinating with 2 the area transit provider, conducting ridesharing campaigns 3 within the DRI Projects, publicity, processing applications, 4 distributing information (including transit information) , etc. 5 The Developer shall cooperate fully with and otherwise lend 6 non-financial support to the rideshare coordinator. When the 7 number of on-site residents who work, in combination with the 8 number of employment levels on site within the DRI Projects, 9 reach the 4, 000 level, this rideshare coordinator shall be a 10 full time position, with continued funding through the life of 11 the development orders for the DRI Projects being provided by 12 the developer of the Lake Lotta Mall DRI, and may be 13 incorporated into the functions of any Transportation 14 Management Association (TMA) , if one exists which services the 15 area of the DRI Projects. 16 17 22 . Transit. Transit passenger shelters and transit parking bays 18 shall be constructed where necessary to augment and facilitate 19 the operations of off-site transit facilities. The Developer 20 shall work with LYNX on the design of bus facilities and 21 amenities, including bus stops, to be located within the 22 Project boundaries. The following transit provisions shall be 23 considered, inconsultation with LYNX: 24 25 * Access and internal collector and arterial road 26 geometrics shall accommodate an eight (8) feet wide by 27 forty (40) feet long advance design coach. 28 29 * The Developer shall provide shelters and pull-out bays 30 along the on-site transit route. Shelter locations shall 31 be reasonably accessible via walkways/crosswalks for 32 pedestrian movement to and from buildings and meet all 33 regulations required under the Americans with 34 Disabilities Act of 1990 (as it may be amended from time 35 to time) . 36 37 * Appropriate signage and sufficient area lighting will be 38 required at all bus stops and shelter locations. 39 40 * Transit schedule and information displays will be 41 provided, at a minimum, at each on-site bus stop. 42 43 * Maintenance of transit amenities shall be the 44 responsibility of a property owners' association formed 45 by the Developer. . 46 47 * Details, standards and phasing of all transit amenity 48 provisions must be approved by LYNX. 49 50 * Pedestrian movement between bus stops shall not exceed 51 1300 feet . 52 24 1 * Shuttle service within the Project should develop an 2 operating plan to coordinate with the LYNX regional 3 network, as applicable. 4 5 If additional property is necessary for bus stops beyond that 6 which can be accommodated within the existing right-of-way, 7 then this land shall be provided by the Developer. 8 9 23 . Turn Lanes. In order to provide safe access and to preserve 10 operational capacity, left and right turn deceleration lanes 11 shall be constructed at all entrances of the DRI Projects 12 along SR 50, Clarke Road, and White Road . Access to all 13 roadways shall be limited to the greatest extent possible. 14 15 24 . Access Points . In order to facilitate movement within the 16 site, minimize traffic on the regional roadway network and to 17 encourage sharing of access points to the regional roadway 18 network, the Developer shall : 19 20 i. allow connections between adjacent projects where land 21 use compatibility allows; and 22 23 ii. share and combine driveways and create internal 24 circulation systems to limit congestion along regional 25 roadways. 26 27 25 . Transportation Management Association. 28 29 (a) The Developer shall become an active and financially 30 supportive member of any Transportation Management Association 31 (TMA) which services this area. Mandatory membership by all 32 non-residential entities within the DRI Projects shall be 33 required through enforceable covenants recorded at the time 34 of the first plat of any portion of the Property being 35 developed for non-residential purposes or other similar 36 mechanisms . 37 38 (b) Either through the , TMA, or individually, the 39 Developer shall provide or require of non-residential tenants 40 of the Project the following: 41 42 43 i . Preferential parking will be provided by employers 44 to their employees who participate in rideshare 45 programs. 46 47 48 ii. Promote and encourage variable work hours and 49 flextime participation by on-site employers. 50 51 iii. Make known to tenants and residents that the. 52 Project area is served by an existing ridesharing 25 • i program operated by LYNX. Future transit (when 2 available) and current ridesharing information 3 shall be prominently displayed in all public 4 gathering areas, in employment centers and in 5 commercial center areas . 6 7 iv. Provide incentives, if necessary, to encourage the 8 establishment of day care facilities within the 9 Project . 10 11 26 . Traffic Reduction Goals. The Developer shall commit to a 12 definite, but non-binding, percentage goal toward the 13 reduction in vehicle trips through the promotion of walking, 14 bicycling, ridesharing and transit usage. This shall be 15 encouraged by the Developer through incentives to tenants and 16 land owners within the Project . The percentage reduction 17 goals shall be as follows: 18 19 Lake Lotta Center DRI and Lake Lotta 20 Phase/ADT For Mall DRI Overall Peak Hour Traffic 21 DRI Projects Reduction Goal 22 23 I - 4, 108 ADTe 5 . 0% of peak hour volume 24 II - 6, 874 ADTs 15 . 0% of peak hour volume 25 26 Within the context of the annual monitoring report, the 27 Developer shall present an evaluation of the state of the 28 alternate transportation systems serving the sites of the DRI 29 Projects . Progress shall be compared to the goals and 30 requirements stated above. Progress for the reporting year 31 shall be documented to include ridership levels, transit route 32 changes, alterations or additions, ridesharing participation, 33 transit amenity construction, park-and-ride lot sites and 34 other efforts which facilitate movement into and around the 35 site of the DRI Projects by means other than the single 36 occupant vehicle. 37 38 C. LOCAL CONDITIONS BY THE CITY OF OCOEE 39 40 1. Clarke Road. On or before the day a developer is issued a 41 building permit for a mall of at least 800, 000 gross square 42 feet on the real property which is the subject of the Lake 43 Lotta Mall DRI ( "the Lake Lotta Mall DRI Property") , the 44 Developer shall donate and convey the following land to the 45 City for the future 6-laning (as an urban divided highway) of 46 that portion of Clarke Road adjacent to the Property: (1) a 47 strip of land within the Property located along the west side 48 of Clarke Road, the width of said strip of land being measured 49 as follows beginning at the intersection of Clarke Road and 50 White Road and running southerly: (a) a width of 34 feet for 51 a distance of approximately 660 feet, (b) continuing 52 southerly, a trapezoid tapering from a width 34 feet to 22 26 • 1 feet over a distance of approximately 400 feet, and (c) 2 continuing southerly, a width of 22 feet to the southern 3 boundary of the Property along the west side of Clarke Road; 4 (2) a strip of land within the Property located along the east 5 side of Clarke Road, the width of said strip of land being 22 6 feet for the full length of that portion of Parcel 3 fronting 7 on Clarke Road (said Parcel being the Project ' s single family 8 residential property on the east side of Clarke Road) ; (3) a 9 strip of land within the Property located along the south side 10 of White Road east of Clarke Road, the width of said strip of 11 land being 10 feet for the full length of that portion of 12 Parcel 3 fronting on White Road; and (4) a strip of land 13 within the Property located along the south side of White Road 14 west of Clarke Road, the width of said strip of land being 22 15 feet for a distance of approximately 700 feet west from the 16 intersection of Clarke Road and White Road (hereinafter 17 collectively referred to as "the Clarke Road Right-of-Way 18 Conveyances") . The Developer shall not receive any road 19 impact fee or other credits for Clarke Road Right-of-Way 20 Conveyances. The Clarke Road Right-of-Way Conveyances shall 21 be conveyedlby warranty deed free and clear of all liens and 22 encumbrances except for easements of record. The Developer or 23 a property owners' association shall be responsible, at its 24 sole cost and expense, for maintenance of any such land 25 conveyed to the City until such time, if at all, as Clarke 26 Road is expanded to' a 6-lane roadway or the City otherwise 27 expressly assumes maintenance responsibility. Prior to the 28 time of such expansion, the Developer shall have a right-of- 29 way and easement across such land as has been donated and 30 conveyed to the City for its benefit and that of its guests, 31 tenants, invitees, employees, mortgagees and other parties 32 needing access to the Property; provided, however, that the 33 Developer shall indemnify and hold the City harmless from any 34 and all costs, expenses, and liabilities, including but not 35 limited to attorney' s and paralegal ' s fees and costs, whether 36 at the trial or appellate level, arising out of or related to 37 the use of such land by the Developer and its guests,- tenants, 38 invitees, employees, mortgagees and other parties needing 39 access to the Property. Any such conveyance shall contain the 40 foregoing as a reservation in the warranty deed. The 41 aforementioned conveyances and grants to the City shall not be 42 construed to impose any obligation on the City to expand 43 Clarke Road to a 6-lane roadway or to acquire the right-of-way 44 needed for such expansion or to expend any public funds or 45 road impact fees for such purposes . 46 47 2 . Condemnation for Clarke Road Expansion. In the event 48 additional land or easements are needed for the 6-laning of 49 Clarke Road between SR 50 and White Road, then, subject to the 50 terms and conditions hereinafter set forth, the City shall, to 51 the extent permitted by law, utilize its power of eminent 52 domain in order to acquire such additional land or easements- 27 1 if requested to do so in writing by the Developer. If the 2 Developer requests such action by the City, then the City 3 shall be obligated to pursue such action only if the City and 4 the Developer first enter into an agreement which sets forth 5 the terms and conditions under which the City will utilize its 6 eminent domain powers, such agreement being acceptable to the 7 City in its sole discretion. Any such agreement shall : (a) 8 include a provision that the Developer (and such other persons 9 or entities, if any, who may join in such an agreement) shall 10 be responsible for all costs and expenses incurred by the City 11 in connection therewith including but not limited to the 12 monies paid by the City to the property owners as compensation 13 for the taking and/or acquisition of the land and easements 14 required (including any payments made to such property owners 15 for severance damages) , attorneys, appraisers, surveyors, 16 engineers, and land planners fees and costs (whether incurred 17 by the City on its behalf or paid to the owners of the land 18 being acquired) , and all other costs and expenses which the 19 City may be required to pay to the owners of the land 20 acquired, (b) include a provision providing the City with 21 satisfactory assurances of the aforementioned payments (which 22 may include a requirement for a deposit and/or payment to the 23 City in advance) , (c) include such indemnities as may be 24 required by the City, and (d) provide that the City shall not 25 be required to exercise its powers of eminent domain unless 26 there is a current plan for the 6-laning of Clarke Road. It 27 is the intent of the City and Developer that the City bear no 28 cost or expense whatsoever should the Developer request that 29 the City exercise its powers of condemnation as aforesaid. 30 31 3 . White Road. The Developer and the City acknowledge the need 32 to reduce the curvature of that portion of White Road 33 immediately west of Clarke Road (the "White Road 34 Improvements") . The Developer and the City further 35 acknowledge and agree that completion of the White Road 36 Improvements prior to the issuance of a building permit for 37 any portion of the Project is essential to the public health, 38 safety, and welfare. In order to assure that the White Road 39 Improvements are completed in a timely manner the following 40 conditions shall apply to the development of the Project: 41 42 (a) At the time a developer is issued a building permit 43 for a mall on the Lake Lotta Mall DRI Property of at least 44 800, 000 gross square feet (or issued building permits which in 45 the aggregate allow for the construction of 800, 000 gross 46 square feet of retail space) (the "Mall Building Permit" ) , the 47 Developer shall donate to the City the sum of $250, 000 . 00 to 48 be applied by the City towards the design, engineering, 49 permitting and construction of the White Road Improvements. 50 The Developer shall not receive any road impact fee or other 51 credits for such donation. 52 28 1 (b) The Developer shall donate and convey to the City 2 such land on White Road west of Clarke Road and included 3 within the Property as the City determines is necessary for 4 reduction in the curvature of that portion of White Road 5 immediately west of Clarke Road (such donation and conveyance 6 being exclusive of turn lanes, deceleration lanes and 7 acceleration lanes, if any, required for the Project ' s single 8 family residential development west of Clarke Road) (the 9 "Additional White Road Right-of-Way" ) . The Developer shall 10 also donate and grant to the City a non-exclusive perpetual 11 drainage easement to utilize the sinkhole/pond within the 12 Property and south of White Road for retention purposes 13 required as a result of the White Road Improvements (the 14 "White Road Drainage Easement" ) . The dedication and 15 conveyance of the Additional White Road Right-of-Way shall be 16 warranty deed free and clear of all liens and encumbrances 17 except for easements of record. The grant of the White Road 18 Drainage Easement shall be in a form and content acceptable to 19 the City and shall be joined in and consented to by any 20 holders of mortgages or liens against the land encumbered by 21 such easement. The Developer shall not receive any road 22 impact or other credits for the dedication and conveyance of 23 the Additional White Road Right-of-Way or the grant of the 24 White Road Drainage Easement. The Developer shall convey the 25 Additional White Road Right-of-Way and grant the White Road 26 Drainage Easement within thirty (30) days of the date that the 27 City delivers to the Developer a legal description and sketch 28 of description of the Additional White Road Right-of-Way and 29 the lands encumbered by the White Road Drainage Easement. 30 31 (c) The City shall, at its sole cost and expense, 32 complete the design and engineering of the White Road 33 Improvements and based upon such design and engineering 34 prepare and deliver to the Developer a legal description and 35 sketch of description of the Additional White Road Right-of- 36 Way and the lands encumbered by the White Road Drainage 37 Easement (said legal descriptions being suitable for 38 conveyancing purposes) within six (6) months from the later of 39 (i) the date of issuance of the Mall Building Permit, or (ii) 40 the date that the Developer pays to the City the monies 41 required by subparagraph (a) above. The legal descriptions 42 provided by the City will be certified to the Developer and 43 utilized by the Developer for the conveyance of the Additional 44 White Road Right-of-Way and the grant of the White Road 45 Drainage Easement. The legal description of the Additional 46 White Road Right-of-Way shall be exclusive of turn lanes, 47 deceleration lanes and acceleration lanes, if any, required 48 for the Project ' s single family residential development west 49 of Clarke Road. 50 51 (d) The City shall, at its sole cost and expense, permit 52 and construct the White Road Improvements subject to the 29 • 1 satisfaction of the following contingencies : (i) issuance by 2 the City of the Mall Building Permit; (ii) the receipt by the 3 City from the Developer of the sum of the monies required by 4 subparagraph (a) above; (iii) the receipt from the developer 5 of the Lake Lotta Mall DRI Property of the sum of $250, 000 . 00 6 for the design, engineering, permitting and construction of 7 the White Road Improvements; and (iv) the conveyance of the 8 Additional White Road Right-of-Way and the grant of the White 9 Road Drainage Easement (collectively referred to as the "White 10 Road Contingencies") . The City shall proceed in good faith to 11 complete the construction of the White Road Improvements 12 within twenty-four (24) months from the date of issuance of 13 the Mall Building Permit . For the purposes of this condition, 14 the City shall, in its sole and absolute discretion, determine 15 the final design and engineering for the White Road 16 Improvements, said improvements being intended to reduce the 17 existing curvature of that portion of White Road west of 18 Clarke Road. 19 20 (e) The Developer will be allowed to include the 21 Additional White Road Right-of-Way donated to the City in the 22 calculation of the open space necessary for the development of 23 the Project ' s single family residential development west of 24 Clarke Road. 25 26 (f) The Developer or a property owner' s association 27 shall be responsible, at its sole cost and expense, for 28 maintenance of the Additional White Road Right-of-Way conveyed 29 to the City until such time as construction of the White Road 30 Improvements are completed by the City. 31 32 (g) Notwithstanding any provision contained in this 33 Development Order to the contrary, the Developer shall not be 34 issued a building permit for any portion of the Project until 35 such time as the City has completed the design, engineering, 36 permitting and construction of the White Road Improvements. 37 38 4 . Water and Sewer Service. The Developer shall obtain water and 39 sewer service from the City subject to and in accordance with 40 the Water and Sewer Agreements, ordinances, resolutions 41 (including but not limited to resolutions establishing rates 42 and fees) and policies of the City with respect thereto. 43 Pursuant to the Water and Sewer Agreements there will be 44 allocated to the Property an estimated 155, 977 gallons/day of 45 water capacity and an estimated 140, 379 gallons/day of sewer 46 capacity for use in connection with the development of the 47 Project. Nothing contained in this Condition is intended in 48 any way to vitiate, affect or diminish the terms and 49 provisions of the Water and Sewer Agreements as they relate to 50 water and sewer service. The Developer has paid all sewer and 51 water fees and charges for the Property due to the City as of 52 the date of approval by the City of this Development Order. 30 1 5 . Permit Expiration Periods . Expiration periods for permits 2 such as building permits, sewer permits, preliminary 3 subdivision plans, final subdivision plans, and other permits 4 or approvals shall be controlled as provided in applicable 5 ordinances and the particular permit . 6 7 6 . Impact Fees. Except as provided in the Water and Sewer 8 Agreements with respect to water and sewer capital charges, 9 nothing contained in this Development Order shall be construed 10 to relieve the Developer of its obligation to pay all impact 11 fees and all other fees and charges which may from time to 12 time be required to be paid pursuant to applicable provisions 13 of the Code of Ordinances of the City of Ocoee and any 14 resolutions adopted pursuant thereto. The Developer shall 15 comply with the City Road Impact Fee Ordinance, as it may from 16 time-to-time be amended. 17 18 7 . Lake Lotta Vested Rights Certificate. All rights and 19 privileges of the Developer pursuant to the Lake Lotta PUD 20 Vested Rights Certificate and the allocation to the Property 21 of 2 , 715 vested ADT' s for use in connection with the Phase I 22 development of the Project are merged into this Development 23 Order which supersedes and incorporates all of the rights and 24 privileges of the Developer pursuant to the Lake Lotta PUD 25 Vested Rights Certificate. The Developer shall ® 64,,,0 26 entitled to claim any exemption from compliance with the terms 27 and conditions of this Development Order based upon the Lake 28 Lotta PUD Vested Rights Certificate. 29 30 8 . Final Certificate of Concurrency. Notwithstanding any 31 provision to the contrary contained in the City of Ocoee Land 32 Development Code, this Development Order constitutes a Final 33 Certificate of Concurrency for Phase I of the Project and 34 reserves for Phase I of the Project capacity with respect to 35 traffic circulation, potable water, sanitary sewer, solid 36 waste, stormwater drainage and recreation. The aforementioned 37 reservations of capacity are subject to the following terms 38 and conditions: (i) compliance by the Developer with the terms 39 and conditions of this Development Order and any development 40 approvals subsequently issued by the City with respect to the 41 Project; (ii) development of the Property must be in 42 accordance with Phase I of the Project as described in and 43 approved by this Development Order; and (iii) the reservation 44 of capacity pursuant to this Development Order shall terminate 45 on the Phase I buildout date which is November 30, 2002 2000 : 46 provided, however, that in the event the Phase I buildout date 47 is extended •ursuan to th- •rovi-ionsof Chaster 380 Florida 48 Statutes, as it may from time to time to be amended. then in 49 such event the Final Certifi ate •f Concurren and the 50 reservation of ca•acit •ursuan to this Develo•mentOrder 51 shall automaticall be extend-d to match the new Phase I 52 buildout date.. The foregoing shall not be construed as 31 1 exempting the Developer from compliance with all applicable 2 provisions of the City' s Land Development Code. This 3 Development Order does not grant any rights or privileges 4 under the City' s Concurrency Management System with respect to 5 (i) any Phase I development of the Project commencing after 6 the November 30, 2002 2000 buildout date for Phase I or any 7 extensions thereof as set forth above, or (ii) Phase II of the 8 Project . The Developer will be required to apply for and 9 obtain a Final Certificate of Concurrency in accordance with 10 the then applicable provisions of the City' s Land Development 11 Code with respect to (i) any Phase I development of the 12 Project commencing after the November 30, 2002 2000 Phase I 13 buildout date or any extensions thereof as set forth above, 14 and (ii) Phase II of the Project. The Phase I development of 15 the Project and the finding of entitlement to this Development 16 Order constituting a Final Certificate of Concurrency for 17 Phase I of the Project is made subject to the following: 18 19 (a) Traffic Circulation. Based on the transportation 20 modeling results submitted by the Developer, the total number 21 of average daily trips (ADTs) for Phase I of the DRI Projects 22 is 44, 318 ADTs. Phase I of the DRI Projects will add 38, 796 23 additional ADTs to the City' s Concurrency Management System. 24 This includes an allowance for internal capture (100 ADTs) , 25 passer-by traffic (4, 329 ADTs) , and.mass transit usage (1, 093 26 ADTs) as presented by the Developer and Homart Development Co. 27 and accepted by the ECFRPC, FDOT, Orange County, and the City 28 of Ocoee through the Metropolitan Planning Organization. The 29 distribution of the 38, 796 ADTs to the various road segments 30 was based on the modeling results. There is adequate capacity 31 on the roads for Phase I of the DRI Projects. So long as 32 there are no increases to the amount of commercial square 33 footage or the number of dwelling units, then Phase I of the 34 DRI Projects meets the level of service standards in the 35 City' s Concurrency Management System for traffic circulation. 36 37 (b) Potable Water and Sanitary Sewer. The Developer has 38 adequate water and sewer capacity under the Water and Sewer 39 Agreements for Phase I of the Project. Prior to Final 40 Engineering approval for Phase I of the Project, or any 41 portion of Phase I, the specific amount of required water and 42 sewer capacity will be determined and a formal transfer of 43 water and sewer capacity from the Developer to the 44 developer(s) of Phase I of the Project will be required. If 45 the Developer develops Phase I, then the Developer will be 46 required to set up new accounts for water and sewer 47 specifically for the Project or the portion of Phase I being 48 developed. This is a condition of approval of the Final 49 Engineering plans . Nothing set forth in this subparagraph is 50 intended to modify the provisions of Condition 4 of Part II (C) 51 of this Development Order and the provisions hereof are 52 supplemental thereto. 32 • • 1 (c) Solid Waste. Solid waste services for commercial 2 customers and multi-family residential customers are handled 3 by a private contractor pursuant to an exclusive franchise 4 with the City of Ocoee. Prior to Final Engineering approval 5 for Phase I of the Project, or any portion of Phase I, the 6 Developer must make arrangements with the City' s commercial 7 franchisee and include a letter from the City' s commercial 8 franchisee indicating its ability to serve that portion of the 9 Project. As part of the review for solid waste, the Developer 10 must also provide the City with details on how the recycling 11 requirements will be met for commercial and multi-family 12 components of the Project and who will service the Project for 13 that purpose. These letters are a condition of approval of 14 the Final Engineering plans. The Developer will comply with 15 all applicable provisions of the Ocoee City Code and Land 16 Development Code with respect to solid waste as they may from 17 time to time be amended. 18 19 (d) Stormwater Drainage. Level of service standards for 20 stormwater drainage are analyzed on a case by case basis 21 during subdivision/site plan review. These standards are 22 consistent with the City of Ocoee Comprehensive Plan and the 23 Land Development Code with which all new development within 24 the City must comply. The necessary capacity for stormwater 25 drainage is determined by Final Engineering approval and St. 26 Johns River Water Management District permitting. The 27 Developer shall comply with all of the above per the 28 requirements of the City' s Land Development Code as it may 29 from time to time be amended. 30 31 (e) Recreation. The City' s level of service standard 32 for parks is 4 acres per 1, 000 population. Phase I of the 33 Project is projected to have a total population of 933 . There 34 is adequate capacity in the system to serve that population. 35 With a total of 151 single-family dwelling units and 200 36 multi-family dwelling units, Phase I of the Project meets the 37 level of service standards in the City's Concurrency 38 Management System for recreation. 39 40 9 . Conflicts Between Agreements: In the event of any conflict 41 between the provisions of the Water and Sewer Agreements not 42 related to water and sewer matters and the provisions of this 43 Development Order as such provisions relate to the Property, 44 the provisions of this Development Order shall control . This 45 condition does not affect the Water and Sewer Agreements as 46 they relate to any lands other than the Property. 47 48 49 PART III. PERIOD OF EFFECTIVENESS 50 51 A. Subject to the provisions hereinafter set forth, this 52 Development Order and any subsequent amendment shall be 33 1 effective on the date a fully executed copy of this 2 Development Order is transmitted by the City to the Developer, 3 the Florida Department of Community Affairs and the East 4 Central Florida Regional Planning Council . The date of 5 transmission is also "rendition" under Rule 9J- 28. 025 (5) 6 2 . 025 (5) , Florida Administrative Code. Under Section 380 . 07, 7 Florida Statutes, an appeal may be taken within forty-five 8 (45) days after rendition and shall stay the effectiveness of 9 this Development Order. Notwithstanding the foregoing 10 provision and pursuant to Section 163 .3189 (2) , Florida 11 Statutes, and Rule 9J-11 . 011 (11) , Florida Administrative Code, 12 this Development Order shall not become effective or authorize 13 development until City Ordinance No. 95-01 becomes effective, 14 said ordinance being an amendment to the City of Ocoee 15 Comprehensive Plan necessary for the development authorized by 16 this Development Order to be consistent with the City of Ocoee 17 Comprehensive Plan. 18 19 B. The Project ' s phase buildout and final buildout dates, as 20 established during the review by the City, are as follows: 21 The phase buildouts will occur in 2002 on November 30, 2000 22 for Phase I and in 2005 on November 30 2003 for Phase II and 23 Project buildout will be in the ycar 2005 on November 301 24 2003 . The right to develop subject to the terms, general 25 provisions, and conditions of this Development Order shall 26 terminate on November 30, 2008 2006 . The phase buildout dates 27 as set forth herein have been extended by 4 2 years 11 months 28 after the dates provided in the ADA. Extensions to the phase 29 dates may be made pursuant to Section 380 . 06 (19) , Florida 30 Statutes. Any future extensions of the phase dates shall be 31 reviewed cumulatively with the extensions provided by this 32 Development Order condition to the original phase dates 33 projected in the ADA. 34 • 35 C. In the event the Developer fails to demonstrate reliance on 36 the Development Order by having substantially proceeded with 37 the development approved herein within seven (7) years of the 38 effective date of this Development Order, then in such event 39 development approval and this Development Order shall 40 terminate. This seven (7) year limitation shall not be used 41 to justify or to automatically extend the commencement or 42 buildout dates of the Project or any phase of the Project. 43 Any such proposed extension shall be considered pursuant to 44 the applicable development order amendment criteria of Chapter 45 380 . 06, Florida Statutes. The above time limitations may be 46 extended on the City' s finding of excusable delay, and no 47 adverse impacts resulting from the delay, in any proposed 48 development activity consistent with the substantial deviation 49 provisions of Subsection 380 .06 (19) , Florida Statutes. For 50 the purpose of this condition, "substantially proceeded" shall 51 mean that the Developer shall have constructed or caused to be 52 constructed improvements that can be expected to generate at 34 1 least 135 total ADT (using the same calculations as the ADA) 2 representing five percent (5%) of the first phase of the 3 Project and shall have obtained a Certificate (s) of Occupancy 4 from the City with respect thereto. 5 6 D. The development approval granted by this Development Order 7 shall terminate upon any of the following events: (i) the Lake 8 Lotta Mall DRI Development Order does not become effective; or 9 (ii) the Lake Lotta Mall DRI Development Order is terminated 10 due to the failure of the developer of the Lake Lotta Mall DRI 11 to substantially proceed with the development approved therein 12 in accordance with the terms and conditions of the Lake Lotta 13 Mall DRI Development Order; or (iii) the Lake Lotta Mall DRI 14 Development Order is terminated due to the failure of the 15 developer of the Lake Lotta Mall DRI to obtain, within three 16 (3) years of the effective date of the Lake Lotta Mall DRI 17 Development Order, building permits for and commence 18 construction of improvements on the land which is the subject 19 of the Lake Lotta Mall DRI that can be expected to generate at 20 least 30, 000 total ADT, all in accordance with the terms and 21 conditions of the Lake Lotta Mall DRI Development Order. This 22 provision is supplemental to the provisions of Part III (C) 23 above. 24 25 E. Even though this Development Order may terminate, the 26 Developer and the Property shall remain bound by the terms, 27 general provisions and conditions of this Development Order as 28 they may apply to development that had been initiated up to 29 the time of termination. 30 31 32 PART IV. MONITORING PROCEDURES 33 34 A. The City shall have the primary responsibility for monitoring 35 the development and enforcing the provisions of this 36 Development Order. The City shall not issue any permits or 37 approvals or provide any extension of services if the 38 Developer fails to act in substantial compliance with this 39 Development Order. 40 41 B. Compliance with the terms and conditions of this Development 42 Order shall be monitored through the provisions of the 43 established review and approval process for developments 44 pursuant to City of Ocoee monitoring procedures. The 45 established review and approval process for review of 46 development pursuant to provisions established by the City of 47 Ocoee Land Development Code constitutes the monitoring 48 procedure for assuring compliance with this Development Order. 49 The City Manager, or his authorized designee, shall be the 50 official responsible for monitoring compliance by the 51 Developer with this Development Order. 52 35 1 PART V. RESTRICTIONS ON DOWN ZONING 2 3 A. This Development of Regional Impact will not be subject to 4 down zoning, unit density reduction or intensity reduction for 5 a period of fifteen (15) years from the effective date of this 6 Development Order unless: (1) it is demonstrated that (a) 7 substantial changes in the conditions underlying the approval 8 of this Development Order have occurred, or (b) that this 9 Development Order was based on substantially inaccurate 10 information provided by the Developer, or (c) that the change 11 is clearly established by the City to be essential to the 12 public health, safety or welfare; or (2) this Development 13 Order is terminated pursuant to Part III (C) or hart III (D) 14 hereof . 15 16 17 18 PART VI. MODIFICATIONS TO THE DEVELOPMENT ORDER 19 20 A. The Developer shall submit, simultaneously, to the City of 21 Ocoee, the East Central Florida Regional Planning Council and 22 the Florida Department of Community Affairs (DCA) any requests 23 for approval of a proposed change to this Development Order. 24 Such submissions shall be reviewed pursuant to the guidelines 25 of Section 380 . 06 (19) , Florida Statutes, shall be presented in 26 a format established by the DCA and shall include as a minimum 27 the precise language which is proposed for deletion or 28 addition to the Development Order and a statement summarizing 29 all previous changes that have been made to the Development 30 Order. It is understood that, as set forth in the DRI 31 Processing Agreement, modifications to either the Lake Lotta 32 Mall DRI and/or the Lake Lotta Center DRI with respect to the 33 areas of housing, transportation, air quality, wildlife and 34 vegetation, and wetlands shall be reviewed based on both DRI 35 Projects combined together to determine whether the proposed 36 modification will exceed any of the criteria set forth in 37 Section 380 . 06 (19) , Florida Statutes. All modifications, 38 other than those specifically set forth in the DRI Processing 39 Agreement, shall be dealt with independently. 40 41 42 PART VII. ANNUAL REPORT REQUIREMENTS 43 44 A. The Developer will submit an annual report on or before the 45 anniversary date of the execution of this Development Order 46 for each calendar year of the life of this Development Order. 47 In the event that the Property is sold to one or more other 48 parties for development purposes, then the Developer may 49 assign the responsibility for seeing that the annual report is 50 timely submitted and addresses the cumulative development on 51 the entire Property. Each annual report will be submitted to 52 the City of Ocoee, the East Central Florida Regional Planning 36 1 Council, the Florida Department of Community Affairs, the 2 Florida Department of Transportation, the Florida Department 3 of Environmental Protection, the St. Johns River Water 4 Management District, and all other affected permit agencies. 5 The report shall include any information specifically required 6 to be included by the conditions of the Development Order, as 7 well as the information enumerated below, and shall be 8 presented in a format that complies with Section 380 . 06 (18) , 9 Florida Statutes, and Rule 9J-2 . 025 (7) , Fla. Admin. Code. The 10 report to the City of Ocoee shall also include a statement 11 that all persons/agencies listed above have been sent copies 12 of the Annual Report . 13 14 B. The Annual Report shall address the following: 15 16 1 . Changes in the plan of development or in the 17 representations contained in the ADA, or in the phasing 18 for the reporting year and for the next year; 19 20 2 . A summary comparison of development activity proposed and 21 actually conducted for the year and a cumulative summary 22 of all development that has occurred under this 23 Development Order. 24 25 3 . Identification of undeveloped tracts of land other than 26 individual single family lots, that have been sold to a 27 separate entity or developer; 28 29 4 . Identification and intended use of lands purchased, 30 leased or optioned by the Developer adjacent to the 31 original DRI site since this Development Order was 32 issued; 33 34 5 . An assessment of the Developer' s and the City' s 35 compliance with each condition of approval contained in 36 this Development Order and the commitments which are 37 contained in the Application for Development Approval and 38 which have been identified by the City, the ECFRPC or 39 the DCA as being significant. 40 41 6 . Any known incremental development of regional impact 42 ( "DRI") applications for development approval or requests 43 fora substantial deviation determination that were filed 44 during the reporting year, or to be filed during the next 45 year; 46 47 7 . An indication of a change, if any, in local government 48 jurisdiction for any portion of the development since the 49 Development Order was issued; 50 37 1 8 . A list of significant local, state and federal permits 2 which have been obtained or which are pending by agency, 3 type of permit, permit number and purpose of each; 4 5 9 . A statement that all persons/entities have been sent 6 copies of the Annual Report in conformance with 7 Subsections 380 . 06 (15) and (18) , Florida Statutes. 8 9 10 . A copy of any notice of the adoption of a Development 10 Order or the subsequent modification of an adopted 11 Development Order that was recorded by the Developer 12 pursuant to Subsection 380 . 06 (15) (f) , Florida Statutes . 13 14 11 . A map of overall Project development at the same scale as 15 the master plan submitted in the original ADA. 16 Graphically depicted on the map shall be a) the 17 boundaries of all development approved during the 18 reporting period, b) past years and c) development 19 expected to be approved in the coming year. Within each 20 boundary shall be the local approval number and the 21 amount of development approved; i.e. square footage, 22 dwelling units, etc. 23 24 12 . The Development Summary Table (Exhibit X) shall be 25 completed each year to summarize development activity and 26 to project anticipated activity for the coming year. 27 28 13 . The Annual Report which addresses the last year for which 29 development has been authorized shall include a statement 30 indicating that all development authorized by the 31 Development Order has been completed or that no further 32 development is desired and that all conditions of 33 approval applicable to the completed Project have been 34 satisfied. 35 36 C. If the City does not receive the Annual Report or receives 37 notification that the ECFRPC, the DCA or any affected permit 38 agency has not received the report, then the City shall 39 request in writing that the Developer submit the report within 40 thirty (30) days. The failure to submit the report after 41 thirty (30) days may result in the temporary suspension of 42 this Development Order by the City. 43 44 45 PART VIII. RECORDING 46 47 A. Within ten (10) days of the issuance of this Development 48 Order, the Developer shall cause a Notice of the Adoption of 49 the Development Order and any subsequent modification of the 50 Development Order to be recorded, at the Developer' s expense, 51 with the Clerk of the Circuit Court of Orange County, Florida 52 in which the development is located. This notice shall meet 38 1 the requirements of Section 380 . 06 (15) (f) , Florida Statutes. 2 The recording of this notice shall not constitute a lien, 3 cloud, or encumbrance on the Property, or actual or 4 constructive notice of any such lien, cloud or encumbrance. 5 6 7 PART IX. MISCELLANEOUS CONDITIONS 8 9 A. It is specifically understood that the City is not 10 guaranteeing the appropriateness, efficiency, quality or 11 legality of the use or development of the Property, including, 12 but not limited to, flooding potential, drainage or sewer 13 plans, fire safety, or quality of construction, whether or not 14 inspected, approved, or permitted by the City of Ocoee. 15 16 B. The Developer, by executing this Development Order, 17 acknowledges that this Development Order is binding upon the 18 Property and the Developer, and that this Development Order 19 and all of the conditions of approval contained herein apply 20 to and control all further development of the Property, and 21 further that the conditions of approval run with the land and 22 are therefore applicable to and shall be complied with by any 23 subsequent purchaser, owner, or assignee of any portion of the 24 Property. 25 26 C. No change shall be made to this Development Order or to the 27 approved land uses, unless and until the City has approved and 28 authorized the change. The Developer shall fully comply with 29 Section 380 . 06 (19) , Florida Statutes, regarding "substantial 30 deviations" . 31 32 D. Development based upon this Development Order shall comply 33 with all other applicable federal, state, county and municipal 34 laws, ordinances, rules and regulations (including but not 35 limited to the City' s Land Development Code, as amended from 36 time to time) except to the extent the applicable laws, 37 ordinances, rules and regulations are expressly waived or 38 modified by this Development Order or by action of the City 39 Commission of the City of Ocoee. 40 41 E. The Developer is hereby notified that the City and the 42 Developer are subject to the terms, provisions and 43 restrictions of Chapter 163, Florida Statutes. The City has 44 no lawful authority to exempt any private entity, or itself, 45 from the application of such state legislation (or any other 46 federal or state legislation or regulation which is beyond the 47 direct control of the City, and which is legally binding on 48 the City) , and nothing herein shall be construed as such an 49 exemption. 50 51 F. All captions in this Development Order are for convenience and 52 reference only, and the words contained therein shall in no 39 1 way be held to explain, modify, amplify, or aid in the 2 interpretation, construction or meaning of the provisions of 3 this Development Order. 4 5 PART X. SIGNATORIES 6 7 ISSUED THIS DAY OF JANUARY, 1995 . 8 9 10 CITY 11 12 CITY OF OCOEE, FLORIDA 13 14 15 By: 16 S. Scott Vandergrift, Mayor 17 Exccutcd on: , 199 18 Attest: 19 20 21 22 Jean Grafton, City Clerk 23 24 (SEAL) 25 26 27 FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY 28 THE CITY OF OCOEE, FLORIDA. COMMISSION AT A SPECIAL MEETING HELD 29 APPROVED AS TO FORM AND ON JANUARY , 1995 30 LEGALITY this day of UNDER AGENDA ITEM NO. 31 January, 1995 32 33 Foley & Lardner 34 35 36 37 By: 38 Paul E. Rosenthal . 39 City Attorney 40 • 1 STATE OF FLORIDA 2 COUNTY OF ORANGE 3 4 I HEREBY CERTIFY that on this day, before me, an officer duly 5 authorized in the State and County aforesaid to take 6 acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN 7 GRAFTON, personally known to me to be the Mayor and City Clerk, 8 respectively, of the CITY OF OCOEE, FLORIDA and that they severally 9 acknowledged executing the same freely and voluntarily under 10 authority duly vested in them by said municipality. 11 12 WITNESS my hand and official seal in the County and State last 13 aforesaid this day of January, 1995 . 14 15 16 17 Signature of Notary 18 19 20 21 Name of Notary (Typed,Printed or Stamped) 22 23 Commission Number(if not legible on seal): 24 My Commission Expires(if not legible on seal): 25 26 41 1 DEVELOPER 2 3 LAKE LOTTA, LTD. , 4 a Florida limited Partnership 5 6 By: LOTTA GP INC. , 7 a Florida corporation, its 8 managing general partner 9 10 11 BY: 12 Barry S . Goodman 13 President 14 15 (CORPORATE SEAL) 16 17 18 Executed on: January 19 _, 1995 20 21 22 23 STATE OF FLORIDA 24 COUNTY OF ORANGE_ 25 26 I HEREBY CERTIFY that on this day before me, an officer 27 duly authorized in the State and County aforesaid to take 28 acknowledgements, personally appeared BARRY S. GOODMAN as President 29 of LOTTA GP INC. , a Florida corporation, which is the managing 30 general partner of Lake Lotta, Ltd. , a Florida limited partnership, 31 and who [ ] is personally known to me or [ ] produced 32 as identification, and that he 33 acknowledged executing the same on behalf of said corporation and 34 partnership, freely and voluntarily, for the uses and purposes 35 therein expressed. 36 37 WITNESS my hand and official seal in the County and State 38 last aforesaid this day of January, 39 1995 . 40 41 42 43 44 Signature of Notary 45 46 47 48 Name of Notary (Typed,Printed or stamped) 49 50 Commission Number(if not legible on seal): 51 My Commission Expires(if not legible on seal): 52 C:\WP51\DOCS\OCOE\1ATTA\CENTERDV.FN4 I I/26/951 DEBBIEH I PER:dp 42 This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between - original document : C:\WP51\DOCS\OCOE\LOTTA\CENTERDV.FN3 and revised document: C:\WP51\DOCS\OCOE\LOTTA\CENTERDV.FN4 4, Deletions appear as struck-through text Additions appear as double underlined text AGENDA 1-26-95 ITEM HI G THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Paul E. Rosenthal, Esq. FOLEY &LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 For Recording Purposes Only NOTICE OF ADOPTION OF DEVELOPMENT ORDER FOR THE LAKE LOTTA CENTER DEVELOPMENT OF REGIONAL IMPACT NOTICE IS HEREBY GIVEN, pursuant to the requirements of Section 380.06(15) (f) , Florida Statutes, of the adoption of a Development Order for the Lake Lotta Center Development of Regional Impact ("Development Order") . On January 26, 1995, the City Commission of the City of Ocoee, Orange County, Florida adopted the Development Order. The legal description of the real property covered by the Development Order is attached hereto as Exhibit "A" and by this reference made a part hereof ("the Property") . A copy of the Development Order is on file at the Office of the City Clerk, City of Ocoee, 150 North Lakeshore Drive, Ocoee, Florida 34761. The Development Order constitutes a land development regulation applicable to the Property. Pursuant to Section 380. 06(15) (f) , Florida Statutes, the recording of this Notice shall not constitute a lien, cloud, or encumbrance on the Property or actual or constructive notice of any such lien, cloud, or encumbrance. Executed as of the day of , 1995. OWNER LAKE LOTTA, LTD. , a Florida limited partnership, By: LOTTA GP INC. a Florida corporation, its managing general partner By: Barry S. Goodman President (CORPORATE SEAL) 1 f4\ CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A SPECIAL MEETING APPROVED AS TO FORM AND HELD ON , 1995 LEGALITY this day of UNDER AGENDA ITEM NO. JANUARY, 1995 Foley & Lardner By: City Attorney 2 STATE OF COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared BARRY S. GOODMAN as President of LOTTA GP INC. , a Florida corporation, the managing general partner of LAKE LOTTA, LTD. , a Florida limited partnership, and who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the same on behalf of said corporation and said partnership freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary crypea,Printed or stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): 3 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1995. Signature of Notary Name of Notary (Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): C:\WP51\DOCS\OCOE\L OTlA\ADPI'-CNT.NOT I I/I8/9S I DEBBB;H I 411 4 EXHIBIT "A" (Page 1 of 4) PARCEL "B" (Comprised of Parcels 1 and 2) DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: BEGIN at the Southeast corner of the East 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 21, thence run S 89°42'47" W along the South line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance of 333.18 feet to the Southwest corner thereof; thence run N 00°15'09" W along the West line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 and the East line of THE HAMMOCK'S, recorded in Plat Book 24, Pages 49 and 50 of the Public Records of Orange County, Florida, for a distance of 1108.17 feet to the South line of the North 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 89°45'04" E along said South line for a distance of 208.71 feet to the East line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run N 00°15'09" W along said East line for a distance of 178.71 feet to a point on a non-tangent curve concave Northwesterly having a radius of 375.00 feet and a chord bearing of N 70°36'39" E, said point being on the South Right-of-Way line of White Road (60' R/W); thence run the following 6 courses along said South Right-of-Way line; thence run Northeasterly along the arc of said curve through a central angle of 38°16'50" for a distance of 250.55 feet; thence run N 51°28'14" E for a distance of 68.95 feet to the point of curvature of a curve concave Southerly having a radius of 135.00 feet; thence run Easterly along the arc of said curve through a central angle of 68°57'52" for a distance of 162.49 feet; thence run S 59°33'54" E for a distance of 95.57 feet to the point of curvature of a curve concave Northeasterly having a radius of 605.00 feet; thence run Southeasterly along the arc of said curve through a central angle of 30°41'03" for a distance of 324.00 feet; thence run N 89°45'04" E for a distance of 535.58 feet to the West Right-of-Way line of Clarke Road; thence run the following 13 courses along said West Right-of-Way line: thence run S 45°02'03" E for a distance of 63.40 feet; thence run S 00°10'51" W for a distance of 562.45 feet to the point of curvature of a curve concave Northwesterly having a radius of 1191.00 feet; thence run EXHIBIT "A" (Page 2 of 4) Southwesterly along the arc of said curve through a central angle of 41°20'59" for a distance of 859.53 feet; thence run S 41°31'50" W for a distance of 70.59 feet; thence run N 48°28'10" W for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 20.00 feet; thence run S 48°28'10" E for a distance of 20.00 feet; thence run S 41°31'50" W for a distance of 501.23 feet to the point of curvature of a curve concave Southeasterly having a radius of 1291.00 feet; thence run Southwesterly along the arc of said curve through a central angle of 17°29'14" for a distance of 394.03 feet; thence run N 65°57'24" W along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1311.00 feet and a chord bearing of S 23°34'54" W; thence run Southwesterly along the arc of said curve through a central angle of 00°55'24" for a distance of 21.13 feet; thence run S 66°52'48" E along a radial line for a distance of 20.00 feet to a point on a curve concave Southeasterly having a radius of 1291.00 feet and a chord bearing of S 13°1F36" W; thence run Southwesterly along the arc of said curve through a central angle of 19°51'13" for a distance of 447.34 feet; thence run S 89°46'31" W along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner thereof; thence run N 00°09'11" W along the West line of said Northeast 1/4 of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF BEGINNING. Containing 63.936 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND EXHIBIT "A" (Page 3 of 4) PARCEL 3 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida, described as follows: Commence at the East 1/4 corner of said Section 21; thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21 for a distance of 1670.96 feet; thence run N 00°04'18" W along the East line of the West 3/4 of the Southwest 1/4 of said Northeast 1/4 of Section 21 for a distance of 878.68 feet to the POINT OF BEGINNING; thence continue N 00004'18" W along said East line for a distance of 407.16 feet to the South Right-of-Way line of White Road; thence run S 89°42'35" W along said South Right-of-Way line for a distance of 908.37 feet to the East Right- of-Way line of Clarke Road; thence run S 44°56'43" W along said East Right-of-Way line for a distance of 63.90 feet; thence run S 00°10'51" W along said East Right-of-Way line for a distance of 354.31 feet; thence run S 89°49'09" E for a distance of 955.13 feet to the POINT OF BEGINNING. Containing 8.810 acres more or less and being subject to any rights-of-way, restrictions and easements of record. AND EXHIBIT "A" (Page 4 of 4) PARCEL 4 DESCRIPTION: That part of Section 21, Township 22 South, Range 28 East, Orange County, Florida and ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES, as recorded in Plat Book "E", Page 52 of the Public Records of Orange County, Florida, being described as follows: Commence at the East 1/4 corner of said Section 21, thence run S 89°42'47" W along the South line of the Northeast 1/4 of said Section 21, for a distance of 1336.77 feet to the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of said Section 21,- thence run S 00°14'27" W along the East line of said Northwest 1/4 of the Southeast 1/4 for a distance of 1325.27 feet; thence run N 89°32'59" E along the North line of Tracts 15, 16 and 17 of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES for a distance of 90.63 feet to the POINT OF BEGINNING; thence continue N 89°32'59" E along said North line for a distance of 1226.53 feet to the Northeast corner of said Tract 17; thence run S 00°26'33" W along the East line of said Tract 17 and the Southerly prolongation thereof for a distance of 941.78 feet to the Easterly prolongation of the South line of Lot 3, Block "A" of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES; thence run S 89°26'02': W along said South line of Lot 3, Block "A" and the Easterly prolongation for a distance of 1223.25 feet to a point which lies N 89°26'02" E, a distance of 180.83 feet distant from the Southwest corner of said Lot 3, Blbck "A"; thence run N 00°14'27" E for a distance of 944.21 feet to the POINT OF BEGINNING. Containing 26.514 acres more or less and being subject to any rights-of-way, restrictions and easements of record. THE ABOVE DESCRIBED PROPERTY CONSISTING OF PARCELS B, 3 AND 4 TOTALING 99.26 ACRES, MORE OR LESS.