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AGENDA 1-26-95
ITEM III I
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
DEVELOPMENT AGREEMENT
(LAKE LOTTA CENTER PUD)
THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and
entered into as of the day of , 1995 by and between
LAKE LOTTA, LTD. , a Florida limited partnership, whose mailing
address is 890 SR 434 North, Altamonte Springs, Florida 32714
(hereinafter referred to as the "Owner") and the CITY OF OCOEE, a
Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as
the "City") .
WITNESSEI H:
WHEREAS, the Owner owns fee simple title to certain lands
located in Orange County, Florida, and within the corporate limits
of the City of Ocoee, Florida, said lands being more particularly
described in Exhibit "A" attached hereto and by this reference made
a part hereof (hereinafter referred to as the "Property") ; and
WHEREAS, the City and the Owner have heretofore entered
into that certain Development Agreement, dated November 22, 1988,
as recorded on June 1, 1989 in Official Records Book 4085, Page 223
of the Public Records of Orange County, Florida, as amended by
instrument dated August 21, 1990 as recorded in Official Records
Book 4213, Page 1053 of the Public Records of Orange County,
Florida ("the Existing Lake Lotta PUD Development Agreement") ; and
WHEREAS, of even date herewith, the City Commission of
the City of Ocoee, Florida ("the City Commission") has taken the
following actions:
(1) Approved Ordinance No. 95-01 amending the City
of Ocoee Comprehensive Plan as adopted by Ordinance No.
91-28 and as amended by Ordinance No. 94-19 ("the Ocoee
Comprehensive Plan") ;
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(2) Approved that certain Development Order for the
Lake Lotta Center Development of Regional Impact ("the
DRI Development Order") ; and
(3) Approved Ordinance No. 95-03 which (a) repeals
the current Lake Lotta PUD zoning as approved by
Ordinance No. 88-58 on November 22, 1988; (b) rezones the
Property to a new PUD, Planned Unit Development;
(c) repeals the current Lake Lotta PUD Land Use Plan; and
(d) approves a new Land Use Plan for the Lake Lotta
Center PUD; and
WHEREAS, the provisions of Section 4-5 of Article IV of
the Land Development Code of the City of Ocoee (the "Ocoee Land
Development Code") requires the execution of this Agreement in
conjunction with the approval of Ordinance No. 95-03 and further
requires that this Agreement incorporate all plans and conditions
of approval by reference; and
WHEREAS, the Owner and the City desire to terminate,
rescind and repeal in its entirety the Existing Lake Lotta PUD
Development Agreement; and
WHEREAS, the Owner and the City desire to execute this
Agreement in order to fully comply with the requirements of the
Ocoee Land Development Code.
NOW, THEREFORE, in consideration of the premises and
other good and valuable considerations exchanged between the
parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and
correct and incorporated herein by this reference.
Section 2. Development of the Property.
A. The Owner hereby agrees to develop the Property in
accordance with Ordinance No. 94-03, adopted by the Ocoee City
Commission on January 26, 1995, including that certain Land Use
Plan for the Lake Lotta Center PUD dated November 1994 as revised
thru January 17, 1995 and date stamped as received by the City on
January 20, 1995 and consisting of the following cover sheet and
five (5) additional sheets:
--- Cover Sheet for Lake Lotta PUD Land Use Plan
Sheet 1: PUD Land Use Plan for Parcel 1 & 2
Sheet 2 : PUD Land Use Plan for Parcel 3 & 4
Sheet 3 : Conditions of Approval
Sheet 4: Conditions of Approval
Sheet 5: Boundary Sketch (revised 1/19/95)
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(hereinafter referred to as the "Land Use Plan") . Ordinance No.
95-03 and the Land Use Plan are hereby incorporated herein by
reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be
developed in accordance with and is made subject to those certain
Conditions of Approval attached hereto as Exhibit "B" and by this
reference made a part hereof ("the Conditions of Approval") . The
Owner further agrees to comply with all of the terms and provisions
of the Conditions of Approval. The Conditions of Approval attached
hereto as Exhibit "B" are the same as the Conditions of Approval
set forth on Sheets 3 and 4 of the Land Use Plan.
C. Attached hereto as Composite Exhibit "C" and by this
reference made a part hereof are the following: (1) Development
Program, (2) Site Development Standards, and (3) Land Use Table.
The foregoing documents attached hereto as Composite Exhibit "C"
are also set forth on the Land Use Plan. The Owner hereby agrees
that the Property shall be developed in accordance with and is made
subject to the foregoing documents.
D. Except as otherwise expressly set forth in this
Agreement, the Land Use Plan, Ordinance No. 95-03, or the DRI
Development Order, it is agreed that (1) the Owner shall comply
with the zoning and subdivision regulations of the City as set
forth in the Ocoee Land Development Code, as it may from time to
time be amended, and (2) all preliminary subdivision plans, final
subdivision plans and final site plans for the Property or any
portion thereof shall conform to the Ocoee Land Development Code
requirements in effect at the time of approval of any such plans.
In the event of any conflict between the provisions of the Ocoee
Land Development Code, as it may from time to time be amended, and
this Agreement, it is agreed that the provisions of this Agreement
shall control.
Section 3. Waivers from the Ocoee Land Development Code.
In connection with the approval of Ordinance No. 95-03, the Owner
has been granted certain waivers from the requirements of the Ocoee
Land Development Code, said waivers being set forth in Exhibit "D"
attached hereto and by this reference made a part hereof.
Section 4. Conveyances and Easement.
(A) The provisions of Conditions 21, 22 and 26 of the
Conditions of Approval attached hereto as Exhibit "B" are hereby
expressly agreed to by the Owner, said provisions relating to the
conveyance to the City of certain land for the future expansion of
Clarke Road and improvements to White Road.
(B) The provisions of Parts 11 (C) (1) and 11 (C) (3) of the
DRI Development Order are hereby expressly agreed to by the Owner,
said provisions relating to Clarke Road and White Road,
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respectively, and being incorporated herein by reference as if
fully set forth herein.
(C) At the time of each conveyance to the City and each
grant of an easement to the City as called for in the Conditions of
Approval and/or the DRI Development Order, the Owner shall pay all
recording fees and documentary stamp taxes, if any, relating to or
resulting from such conveyance or grant of easement. In connection
with any such conveyances, real property taxes shall be prorated as
of the day before the acceptance of the conveyance by the City and
the prorated amount shall be paid by the Owner and shall be
escrowed in accordance with the provisions of Section 196.295,
Florida Statutes. At least seven (7) days prior to any such
conveyances, the Owner shall provide to the City acceptable
evidence of title to the land being conveyed or easement being
granted. The Owner shall execute and deliver to the City such
other documents as are reasonably required by the City in
connection with the conveyance of land to the City or the granting
of easements to the City.
Section 5. Repeal of Existing Developer Agreement. The
Existing Lake Lotta PUD Development Agreement is hereby terminated,
rescinded and repealed in its entirety except for the following
provisions which are hereby made a part of this Agreement:
(i) The City shall not seek to impose upon the
Property any special assessments pursuant to Chapter 170,
Florida Statues, in order to pay for any costs associated
with the construction of Clarke Road as it exists on the
effective date of this Agreement.
(ii) The City will not attempt to pay for the costs
of the design and construction of Clarke Road as it
exists on the effective date of this Agreement by the
creation of a special road impact fee district affecting
only property owners in the immediate vicinity of Clarke
Road. Notwithstanding the foregoing, the parties hereto
acknowledge and agree that Road Impact Fees may be
imposed on a City-wide basis or district basis including
property owners in addition to those in the vicinity of
Clarke Road and may be utilized by the City to pay for
the costs associated with Clarke Road, including but not
limited to land acquisition, design, engineering and
construction costs and principal, interest and other
payments related to the issuance of the City of Ocoee
1990 Transportation Refunding and Improvement Bonds.
All references in this Section to "Clarke Road" refer to Clarke
Road as it exists on the effective date of this Agreement; to wit:
as a four-lane urban divided highway. Nothing contained herein
shall be construed to negate any provisions of the DRI Development
Order, Ordinance No. 95-03 or this Agreement relating to Clarke
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Road. It is the intent of this Section to leave in effect Sections
4 (A) and 4 (D) of the amendment to the Existing Lake Lotta PUD
Development Agreement.
Section 6. Notice. Any notice delivered with respect to
this Agreement shall be in writing and be deemed to be delivered
(whether or not actually received) when (i) hand delivered to the
person hereinafter designated, or (ii) upon receipt of such notice
when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the person
at the mailing address set forth on the first page of this
Agreement, or such other address or to such other person as the
party shall have specified by written notice to the other party
delivered in accordance herewith.
Section 7. Covenant Running with the Land. This
Agreement shall run with the Property and inure to and be for the
benefit of the parties hereto and their respective successors and
assigns and any person, firm, corporation, or entity who may become
a successor in interest to the Property or any portion thereof.
Section 8. Recordation of Agreement. The parties hereto
agree that an executed original of this Agreement shall be recorded
by the City, at the Owner's expense, in the Public Records of
Orange County, Florida; provided, however, that this Agreement
shall not be recorded prior to it becoming effective as provided in
Section 18 hereof. The City will, from time to time upon request
of the Owner, execute and deliver letters affirming the status of
this Agreement.
Section 9. Applicable Law. This Agreement and the
provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
Section 10. Time of the Essence. Time is hereby
declared of the essence to the lawful performance of the duties and
obligations contained in this Agreement.
Section 11. Agreement: Amendment. This Agreement
constitutes the entire agreement between the parties, and
supersedes all previous discussions, understandings and agreements,
with respect to the subject matter hereof; provided, however, that
nothing contained herein shall be deemed to supersede or amend any
provisions of the DRI Development Order and Ordinance No. 95-03.
Amendments to and waivers of the provisions of this Agreement shall
be made,by the parties only in writing by formal amendment.
Section 12. Further Documentation. The parties agree
that at any time following a request therefor by the other party,
each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably
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necessary to confirm and/or effectuate the obligations of either
party hereunder.
Section 13. Specific Performance. Both the City and the
Owner shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
Section 14. Attorneys' Fees. In the event that either
party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a
breach by the other party of any terms hereof, the prevailing party
shall be entitled to recover from the other party its reasonable
attorneys' fees, legal assistants' fees and costs incurred in
connection therewith, at both trial and appellate levels, including
bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 15. Counterparts. This Agreement may be
executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute
one and the same instrument.
Section 16. Captions. Captions of the Sections and
Subsections of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction
or meaning of the provisions of this Agreement.
Section 17. Severability. If any sentence, phrase,
paragraph, provision or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereof.
Section 18. Effective Date. The Effective Date of this
Agreement shall be the date that Ordinance No. 95-03 becomes
effective pursuant to the provisions of Section Ten thereof. This
Agreement shall be of no force or effect prior to the Effective
Date hereof. The recording of this Agreement in the Public Records
of Orange County, Florida shall be conclusive evidence that
Ordinance No. 95-03 has become effective pursuant to the provisions
of Section Ten thereof.
Section 19. No Effect on Water and Sewer Agreements.
Notwithstanding anything to the contrary set forth in this
Agreement, nothing contained herein is intended to amend, modify,
repeal, or in any way affect the provisions of the Water and Sewer
Agreements as set forth in Part I(A) (14) , Findings of Fact, of the
DRI Development Order as such provisions relate to water and sewer
matters.
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IN WITNESS WHEREOF, the Owner and the City have caused
this instrument to be executed by their duly authorized officers as
of the day and year first above written.
OWNER:
Signed, sealed and delivered LAKE LOTTA, LTD. ,
in the presence of: a Florida limited partnership
By: LOTTA GP INC. ,
a Florida corporation, its
managing general partner
By:
Barry S. Goodman,
Print Name: President
(CORPORATE SEAL)
Print Name:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared BARRY S. GOODMAN, as President
of LOTTA GP INC. , a Florida corporation, which is 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 in the presence of two subscribing
witnesses, on behalf of said corporation and 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):
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CITY:
Signed, sealed and delivered CITY OF OCOEE, FLORIDA
in the presence of:
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Jean Grafton, City Clerk
Print Name: (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.
, 1995.
FOLEY & LARDNER
By:
City Attorney
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
acknowledgments, 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 in the presence of two subscribing
witnesses, 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):
A:\DVAGCfR.RV311/ZW93ILAKE LOITA(DISK 101)IPER:i
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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
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 fora 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.
SIT B ;
CONDITIONS OF APPROVAL
1. The Lake Lotta Center PUD Land Use Plan is subject to the Lake
Lotta Center DRI Development Order, the approval of
Comprehensive Plan Amendment CPA-2-9-93, and the Lake Lotta
Center Developer's Agreement and the Conditions of Approval of
this Land Use Plan pursuant to Section 4-5(B)(5) of the Ocoee Land
Development Code. Nothing contained in the Lake Lotta Center
Land Use Plan, including the Conditions of Approval, is intended to
conflict with or supersede the Lake Lotta Center DRI Development
Order'and in the event of any conflict the provisions of the Lake
Lotta Center DRI Development Order shall control. All references
in these Conditions of Approval to "the Property" shall refer to those
lands which are the subject of the Lake Lotta Center PUD and are
more particularly described on Sheet 5 of the Land Use Plan."
2. All references in the Conditions of Approval to "Owner" refer to Lake
Lotta, Ltd., a Florida limited partnership, its successors and assigns.
3. Stormwater Management: The surface water management system
for the project will be designed to meet the criteria established by
the City of Ocoee and the St. Johns River Water Management
District for water quality and flood control. Specifically, the project
will be required to meet the more restrictive of detention of the 100-
year/24 hour storm or retention of pre-development vs post-
development runoff volume for the 25-year/96 hour storm. All
retention ponds adjoining Clarke Road will be designed to be
unfenced and will meet the requirements of the City's Land
Development Code for unfenced ponds.
4. All residential buildings within Parcel 4 (multi-family residential),
exceeding one-story shall be set back from The Rose Hill
Subdivision at least 100 feet.
5. Recreational facilities within Parcel 4 (multi-family residential), shall
be set back from The Rose Hill Subdivision at least 100 feet. All
parking lot lighting will be directed away from the single family
residences.
6. All access rights to Clarke Road and White Road will be dedicated
to the City of Ocoee at the time of platting, except at those access
locations shown on the Land Use Plan.
7. No clearing permits shall be issued for site work or building
construction until a Tree Preservation Plan is approved and field
inspected by the City Forester.
8. Approval of Final Subdivision Plans by the City is subject to
successful implementation of a Gopher Tortoise Mitigation Program
as specified in the Lake Lotta Center DRI Development Order.
Notice of approval by the affected agencies will be provided to the
City prior to Final Subdivision Plan approval.
9. All roads within Parcel 1 and Parcel 3 (single family residential) shall
be dedicated to the City at the time of platting. All roads, including,
but not limited to, the multi-family access road and all parking and
other paved areas located within Parcel 2 (retail) and Parcel 4 (multi-
family residential) shall be owned and maintained by the Owner.
These responsibilities and obligations may be transferred (in whole
or in part) to a property owner's association or associations ("the
Association") which will be formed prior to approval of the first plat
for any portion of the Property. All applicable Association
documents, including but not limited to covenants, easements and
restrictions and other pertinent agreements between the Owner and
the Association will be subject to the review and approval of the City
prior to approval of the first plat for any portion of the Property.
10. Any damage caused to Clarke Road as a result of construction
activities related to this project shall be promptly repaired to City
standards by the Owner at the Owner's sole cost and expense.
11. All Preliminary Subdivision Plans, Final Subdivision Plans, and Final
Site Plans shall conform to the requirements set forth in the City
Land Development Code requirements in effect at the time of
approval of any such plans except in those cases where
requirements are expressly waived by the City Commission and set
forth in the Waivers from Land Development Code list shown on the
Land Use Plan.
12. (a) Ownership of Parcel 7 (Multi-family Road) as shown on the
Land Use Plan shall be retained in fee simple ownership by
Lake Lotta, Ltd. for the benefit of the Parcel 4 (multi-family
residential). Prior to approval of a plat for any portion of the
Property or upon request of the City, the Owner and the
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developer of the Lake Lotta Mall PUD shall enter into an
access, drainage and utility easement agreement for the
benefit of Parcel 4 (multi-family residential), all in a form and
content which is subject to the prior review and approval of
the City. Recorded copies of the easement shall be delivered
to the City. The access, drainage and utility easement shall
include but not be limited to the following: (a) access from SR
50 to Parcel 7 shall be across the Mall's entry road as shown
on the Lake Lotta Mall PUD Land Use Plan; (b) the easement
must grant sufficient rights so that, when combined with
Parcel 7, Parcel 4 (multi-family residential) has insurable
access; (c) the rights and privileges granted by the developer
of Lake Lotta Mall PUD to Owner must allow for the
construction of a roadway adequate to allow for the
development of Parcel 4(multi-family residential); (d) provision
must be made for all utilities necessary to serve Parcel 4
(multi-family residential) in accordance with all applicable City
standards; (e) sufficient rights must be granted to
accommodate all drainage from Parcel 7 and the entry road;
(f) maintenance of the easement parcel and related retention
areas must be addressed; and (g) Owner will be responsible
for the construction of the road and all utilities within Parcel 7
and for the maintenance thereof.
(b) Drainage from Parcel 7 will be addressed in the Final
Subdivision Plans for the Lake Lotta Mall PUD property and
Parcel 4 (multi-family residential), and must be acceptable to
the City. If compliance with this condition conflicts with Basin
4 (Pond #302) and Basin 1 (Pond #110) as depicted on Sheet
SP1 of the Lake Lotta Mall PUD Land Use Plan, then the
developer of Lake Lotta Mall shall as part of its Final
Subdivision Plan revise Basins 1 and 4 so as to allow for
compliance with this condition and the Conditions of Approval
of the Lake Lotta Mall PUD Land Use Plan.
(c) A metes and bounds legal description (including survey or
sketch of description) of the portion of the entry road from
State Road 50 to Parcel 7 shall be provided to the City prior
to Final Subdivision Plan approval for Parcel 4 (multi-family
residential). Similar legal descriptions should be provided for
any necessary utility easements.
3
•
(d) The City may require that Parcel 7 be platted as part of the
Lake Lotta Mall PUD project. In such event, Owner hereby
agrees to join in and consent to the plat of Lake Lotta Mall
PUD including Parcel 7 and the holders of any mortgages on
Parcel 7 shall also join in and consent to the plat of the Lake
Lotta Mall PUD.
(e) The Owner acknowledges that the City approval of the Land
Use Plan does not constitute approval of Parcel 7 as depicted
on the Land Use Plan, and the configuration thereof and that
such review will be undertaken by the City as part of the Final
Subdivision Plan review.
(f) The Owner acknowledges and agrees that it is proceeding at
its own risk with regard to whether Parcel 7 provides access
to Parcel 4 (multi-family residential) acceptable to the City. At
the time of Preliminary Subdivision Plan approval for Parcel
4 (multi-family residential), the Owner will be required to
provide access to Parcel 4(multi-family residential) acceptable
to the City and otherwise comply with all applicable provisions
of the Ocoee City Code including, but not limited to,
stormwater retention for any access road.
13. Five (5) foot sidewalks will be installed along Clarke Road and White
Road at the time of developm ent of each parcel and any existing
sidewalks situated along Clarke Road will be replaced at the
Owner's expense in the event of any roadway widening or future
improvements, all in accordance with the applicable provisions of the
Ocoee Land Development Code in effect at the time.
14. All parking lot lighting emanating from Parcel 2 (retail), will be
directed away from single-family residences. Light poles in Parcel
2 (retail) will not exceed 40 feet in height.
15. In the event that Parcel 2 (retail), is subdivided into more than one
lot, cross access and cross utility easements will be provided at the
time of platting, in a form and substance acceptable to the City.
16. Reclaimed water/treated effluent will be used for irrigation of
landscaped areas when available. On-site reuse lines will be
provided consistent with City requirements.
4
17. The Owner shall be responsible for the installation and maintenance
of all on-site parking lot and on-site roadway lighting as well as the
payment of monthly electric charges associated therewith, for Parcel
1 and Parcel 3 (single-family residential), Parcel 2 (retail) and Parcel
4 (multi-family residential). Such requirements will also be included
in the Declaration of Covenants, Easements and Restrictions for all
Parcels.
18. The Owner will be responsible for all on-site landscape installation
and maintenance. All landscaping will be subject to approval of the
City. Screening walls and buffer landscaping will be installed at the
commencement of the site development. If the Owner decides to
improve the median islands along Clarke Road, then the landscape
plan for such improvements shall be subject to the prior approval of
the City. In such event, the Owner shall, at its sole cost and
expense, maintain the improved landscape median islands along
Clarke Road, including but not limited to all irrigation necessary in
connection therewith. A right-of-way utilization permit will be
required prior to undertaking any such improvements.
19. The specific provisions required in the Lake Lotta Center DRI
Development Order pertaining to bicycle and pedestrian access,
transit facilities, park and ride, and transit management association
requirements will be provided by the developer of the Lake Lotta
Mall PUD.
20. It is the intent of this Condition of Approval that the Owner and the
developer of the Lake Lotta Mall PUD shall be jointly responsible for
100% of the cost of traffic signalization required in connection with
the combined developments of all phases of the Lake Lotta Center
Land Use Plan and the Lake Lotta Mall PUD. It is the intention of
the City that the developer of the Lake Lotta Mall PUD shall pay the
cost of all signalization required by the Lake Lotta Mall Land Use
Plan and Conditions of Approval with respect thereto and that the
Owner will pay all of the cost of traffic signalization or upgraded
traffic signalization required in connection with the development of
the Lake Lotta Center PUD. Prior to approval of a Final Subdivision
Plan for the Lake Lotta Mall PUD or any portion thereof, the Owner
and the developer of the Lake Lotta Mall PUD shall enter into an
agreement which allocates between them 100% of the cost of traffic
signalization and upgraded signalization required in connection with
5
the combined development of the Lake Lotta Center PUD and the
Lake Lotta Mall PUD, said agreement being subject to review and
approval by the City for consistency with the provisions of this
Condition of Approval. The Owner shall not receive any road impact
fee or other credits for expenditures made pursuant to this Condition
of Approval.
Notwithstanding anything to the contrary contained herein, the
Owner may enter into and the City will do nothing to prevent the
Owner from entering into agreements or arrangements for the
reimbursement of the costs of complying with this Condition of
Approval from those other entities or persons who benefit from the
construction of the traffic signalization required hereunder; provided,
however, that the City shall be under no obligation to require that
such other entities or persons enter into such agreements with the
Owner.
21. Clarke Road. On or before the day a developer is issued a building
permit for a mall of at least 800,000 gross square feet on the real
property which is the subject of the Lake Lotta Mall DRI ("the Lake
Lotta Mall DRI Property"), the Owner shall donate and convey the
following land to the City for the future 6-laning (as an urban divided
highway) of that portion of Clarke Road adjacent to the Property: (1)
a strip of land within the Property located along the west side of
Clarke Road, the width of said strip of land being measured as
follows beginning at the intersection of Clarke Road and White Road
and running southerly: (a) a width of 34 feet for a distance of
approximately 660 feet, (b) continuing southerly, a trapezoid tapering
from a width 34 feet to 22 feet over a distance of approximately 400
feet, and (c) continuing southerly, a width of 22 feet to the southern
boundary of the Property along the west side of Clarke Road; (2) a
strip of land within the Property located along the east side of Clarke
Road, the width of said strip of land being 22 feet for the full length
of that portion of Parcel 3 fronting on Clarke Road (said Parcel being
the Project's single family residential property on the east side of
Clarke Road); (3) a strip of land within the Property located along
the south side of White Road east of Clarke Road, the width of said
strip of land being 10 feet for the full length of that portion of Parcel
3 fronting on White Road; and (4) a strip of land within the Property
located along the south side of White Road west of Clarke Road, the
width of said strip of land being 22 feet for a distance of
6
approximately 700 feet west from the intersection of Clarke Road
and White Road (hereinafter collectively referred to as "the Clarke
Road Right-of-Way Conveyances"). The Owner shall not receive
any road impact fee or other credits for Clarke Road Right-of-Way
Conveyances. The Clarke Road Right-of-Way Conveyances shall
be conveyed by warranty deed free and clear of all liens and
encumbrances except for easements of record. The Owner or a
property owners' Association shall be responsible, at its sole cost
and expense, for maintenance of any such land conveyed to the City
until such time, if at all, as Clarke Road is expanded to a 6-lane
roadway or the City otherwise expressly assumes maintenance
responsibility. Prior to the time of such expansion, the Owner shall
have a right-of-way and easement across such land as has been
donated and conveyed to the City for its benefit and that of its
guests, tenants, invitees, employees, mortgagees and other parties
needing access to the Property; provided, however, that the Owner
shall indemnity and hold the City harmless from any and all costs,
expenses, and liabilities, including but not limited to attorney's and
paralegal's fees and costs, whether at the trial or appellate level,
arising out of or related to the use of such land by the Owner and
its guests, tenants, invitees, employees, mortgagees and other
parties needing access to the Property. Any such conveyance shall
contain the foregoing as a reservation in the warranty deed. The
aforementioned conveyances and grants to the City shall not be
construed to impose any obligation on the City to expand Clarke
Road to a 6-lane roadway or to acquire the right-of-way needed for
such expansion or to expend any public funds or road impact fees
for such purposes.
22. White Road - The Owner and the City acknowledge the need to
reduce the curvature of that portion of White Road immediately west
of Clarke Road (the "White Road Improvements"). The Owner and
the City further acknowledge and agree that completion of the White
Road Improvements prior to the issuance of a building permit for any
portion of the Project is essential to the public health, safety, and
welfare. In order to assure that the White Road Improvements are
completed in a timely manner the following conditions shall apply to
the development of the Project:
(a) At the time a developer is issued a building permit for a mall
on the Lake Lotta Mall DRI Property of at least 800,000 gross
7
square feet (or issued building permits which in the aggregate
allow for the construction of 800,000 gross square feet of
retail space) (the "Mall Building Permit"), the Owner shall
donate to the City the sum of $250,000.00 to be applied by
the City towards the design, engineering, permitting and
construction of the White Road Improvements. The Owner
shall not receive any road impact fee or other credits for such
donation.
(b) The Owner shall donate and convey to the City such land on
White Road west of Clarke Road and included within the
Property as the City determines is necessary for reduction in
the curvature of that portion of White Road immediately west
of Clarke Road (such donation and conveyance being
exclusive of turn lanes, deceleration lanes and acceleration
lanes, if any, required for the Project's single family residential
development west of Clarke Road) (the "Additional White
Road Right-of-Way"). The Owner shall also donate and grant
to the City a non-exclusive perpetual drainage easement to
utilize the sinkhole/pond within the Property and south of
White Road for retention purposes required as a result of the
White Road Improvements (the "White Road Drainage
Easement"). The dedication and conveyance of the Additional
White Road Right-of-Way shall be by warranty deed and free
and clear of all liens and encumbrances except for easements
of record. The grant of the White Road Drainage Easement
shall be in a form and content acceptable to the City and shall
be joined in and consented to by any holders of mortgages or
liens against the land encumbered by such easement. The
Owner shall not receive any road impact fee or other credits
for the dedication and conveyance of the Additional White
Road Right-of-Way or the grant of the White Road Drainage
Easement. The Owner shall convey the Additional White
Road Right-of-Way and grant the White Road Drainage
Easement within thirty (30) days of the date that the City
delivers to the Owner a legal description and sketch of
description of the Additional White Road Right-of-Way and the
lands encumbered by the White Road Drainage Easement.
8
(c) The City shall, at its sole cost and expense, complete the
design and engineering of the White Road Improvements and
based upon such design and engineering prepare and deliver
to the Owner a legal description and sketch of description of
the Additional White Road Right-of-Way and the lands
encumbered by the White Road Drainage Easement (said
legal descriptions being suitable for conveyancing purposes)
within six (6) months from the later of (i) the date of issuance
of the Mall Building Permit, or (ii) the date that the Owner
pays to the City the monies required by subparagraph (a)
above. The legal descriptions provided by the City will be
certified to the Owner and utilized by the Owner for the
conveyance of the Additional White Road Right-of-Way and
the grant of the White Road Drainage Easement. The legal
description of the Additional White Road Right-of-Way shall be
exclusive of turn lanes, deceleration lanes and acceleration
lanes, if any, required for the Project's single family residential
development west of Clarke Road.
(d) The City shall, at its sole cost and expense, permit and
construct the White Road Improvements subject to the
satisfaction of the following contingencies: (i) issuance by the
City of the Mall Building Permit; (ii) the receipt by the City
from the Owner of the sum of the monies required by
subparagraph (a) above; (iii) the receipt from the developer of
the Lake Lotta Mall DRI Property of the sum of $250,000.00
for the design, engineering, permitting and construction of the
White Road Improvements; and (iv) the conveyance of the
Additional White Road Right-of-Way and the grant of the
White Road Drainage Easement (collectively referred to as
the "White Road Contingencies"). The City shall proceed in
good faith to complete the construction of the White Road
Improvements within twenty-four (24) months from the date of
issuance of the Mall Building Permit. For the purposes of this
condition, the City shall in its sole and absolute discretion,
determine the final design and engineering for the White Road
Improvements, said improvements being intended to reduce
the existing curvature of that portion of White Road west of
Clarke Road.
9
(e) The Owner will be allowed to include the Additional White
Road Right-of-Way donated to the City in the calculation of
the open space necessary for the development of the
Project's single family residential development west of Clarke
Road.
(f) The Owner or a property owner's Association shall be
responsible, at its sole cost and expense, for maintenance of
the Additional White Road Right-of-Way conveyed to the City
until such time as construction of the White Road
Improvements are completed by the City.
(g) Notwithstanding any provision contained in this Development
Order to the contrary, the Owner shall not be issued a
building permit for any portion of the Project until such time as
the City has completed the design, engineering, permitting
and construction of the White Road Improvements.
(h) In connection with the conveyance of the Additional White
Road Right-of-Way and the grant of the White Road Drainage
Easement, the City will consider in good faith any request by
the Owner to remain in exclusive control of the depression
area adjacent to and south of White Road, so long as such
request is compatible with the accomplishment of the
objectives set forth in this Condition.
23. All wall and landscape easements shall be for the benefit of and
maintained by the Owner at no cost or expense to the City. These
responsibilities and obligations may be transferred (in whole or in
part), to a property owner's Association which will be formed prior to
approval of the first plat for any portion of the Property. The land
burdened by such easements shall be owned by the Owner,
property owner's Association, or individual lot owner, as applicable.
24. Subject to the terms and conditions below, the Owner will provide an
access and utility easement or fee conveyance, at the option of the
Owner, for the benefit of the property located west of Parcel 2
(retail) ("the Western Worsham Property"). The purpose of the
access and utility easement or fee conveyance is to provide the
Western Worsham Property with insurable legal access adequate to
allow development thereof in accordance with the current zoning
10
and approved densities for the Western Worsham Property. The
Owner will coordinate with the owner of the Western Worsham
Property regarding the location of the easement or fee conveyance
and connection to the Western Worsham Property. The Owner will
use its best efforts to enter into agreement with the owner of the
Western Worsham Property regarding the easement or fee
conveyance and the maintenance thereof. Any such agreement will
provide for the purchase of the easement or fee conveyance by the
owner of the Western Worsham Property at fair market value as
determined by the two disinterested professional appraisers, one
each selected by the Owner and owner of the Western Worsham
Property. If the fair market value set forth in the two appraisals are
not the same and the two appraisers are unable to agree upon a
compromise fair market value, then the two appraisers will select a
third appraiser and the third appraiser will determine the fair market
value for the easement. The location of the access and utility
easement or fee conveyance shall be subject to the review and
approval of the City. Any preliminary plan for the retail property
submitted by the Owner or the owner of the retail property shall
address in further detail the access and utility easement or fee
conveyance and shall depict such shared access and the location
thereof. Subject to the Owner and the owner of the Western
Worsham Property reaching an agreement as set forth above, the
easement or fee conveyance referenced herein shall be granted to
the owner of the Western Worsham Property upon the earlier of (a)
30 days after approval by the City Development Review Committee
of a Preliminary Plan for the Western Worsham Property, or (b) 30
days after approval by the City Development Review Committee of
a Preliminary Plan for any portion of the Lake Lotta Center Land
Use Plan Parcel 2 (retail), or (c) such other date as may be mutually
agreed upon by the Owner and the owner of the Western Worsham
Property.
25. All necessary cross access and cross utility easements between
Parcel 2 (retail) and Parcel 1 (single-family residential), will be
provided at the time of platting in form and substance acceptable to
the City.
26. All legal instruments including, but not limited to, the declaration of
covenants, easements and restrictions, Association documentation,
easement agreements and warranty deeds conveying property to the
11
City or Association must be submitted to and approved by the City
prior to plat approval.
27. Except as set forth in Condition 50 hereof, all proposed pump/lift
station sites must be conveyed to the City prior to or at the time of
plat approval. Such sites must be conveyed by warranty deed in a
form and substance acceptable to the City along with title
information evidencing the developer's unencumbered ownership or
provision of the appropriate releases.
28. The City will be granted an easement over all private roads and
parking areas for emergency access purposes. Such easement is
to be dedicated on the plat.
29. Any existing sidewalks damaged, removed, and/or relocated during
construction of this Project shall be replaced to City standards by the
Owner at the Owner's sole cost and expense.
30. For the location of all existing features on the Property see the
boundary survey included in the Land Use Plan.
31. Proposed roads and parking areas shall be constructed to City
standards unless otherwise noted in the Land Use Plan or in these
Conditions of Approval.
32. All access roads and all other roadways within the Property, all
parking and other paved areas, sidewalks (except those within
dedicated right-of-way along Clarke Road and White Road), parking
lot, roadway lighting, utilities, screening walls, buffer landscaping,
retention ponds, storm drainage conveyance systems, landscape
medians within Clarke Road, and all other common areas within the
Property will be maintained by the Owner at no cost or expense to
the City. These responsibilities and obligations may be transferred
(in whole or in part) to a property owner's Association(s) which will
be formed prior to approval of the first plat for any portion of the
Property. All applicable Association documents, including but not
limited to covenants, easements and restrictions and other pertinent
agreements between the Owner and the Association will be subject
to the review and approval of the City prior to approval of the first
plat for any portion of the Property.
12
33. A Master Drainage Plan for the development of the Lake Lotta
Center Land Use Plan will be required and submitted by the Owner
to the City for review at the time the first Preliminary Subdivision
Plan for any portion of the Lake Lotta Center Land Use Plan is
submitted to the City.
34. Detailed preliminary intersection design and improvements on Clarke
Road and White Road shall be prepared and submitted by the
Owner to the City for review at the time each Parcel's Preliminary
Subdivision Plan is submitted for review. Right and left turn lanes
shall be provided if required by the City based upon the detailed
traffic analysis.
35. There shall be a maximum of 3 outparcels within Parcel 2 (retail),
Phase 2. These outparcels locations as shown on the Land Use
Plan are conceptual only and may be shifted within the site based
upon Final Site Plan requirements. The maximum acreage for each
outparcel shall be two (2) acres.
36. The existing force main located in the 15 foot utility easement in
favor of the City (Prima Vista Utility Corp.), may be relocated if
required by the Owner at the Owner's sole expense subject to City
approval of the new easement location.
37. The 100-year Floodplain line for the sink hole area within Parcel 1
(single family residential), shall be determined at the Preliminary Site
Plan stage. No building shall occur below this line per the City Land
Development Code.
38. A cross access easement from Parcel 2 (retail) to the adjacent
parcel south, not owned by Lake Lotta, Ltd, will be provided in a
form and substance acceptable to the City and recorded prior to or
at the time of platting.
39. All entrances off of Clarke Road leading into Parcel 2 (retail) shall
match those access points of the Lake Lotta Mall PUD at the two
signalized intersections. One additional right-in/right-out entry may
also be provided at a point to be determined upon submission of
Preliminary Subdivision or Site Plans.
13
40. All on-site utilities including electrical, cable T.V., and telephone will
be placed below ground.
41. The water and sewer lines to Parcels 1 and 3 (single family
residential) will be dedicated to the City. The water and sewer lines
to Parcel 2 (retail) and Parcel 4 (multi-family residential) to the point
of delivery or take-up, other than as specified hereinbelow, will be
owned by the property owner. Any lift stations will be dedicated to
the City, along with the lines from said lift station(s) to the property
line (lines going from lift station off of property). In the event of a
conflict between this Condition and Condition 50 hereof, the
provisions of Condition 50 shall control.
42. The Project will be developed in accordance with the requirements
set forth in the Development Program, Land Use Table, and Site
Development Standards Table, shown on Sheets One and Two of
the Land Use Plan and attached hereto.
43. The Owner shall provide recreational amenities for Parcel 1 and 3
(single-family residential) and Parcel 4 (multi-family residential)
portions of the development in accordance with the requirements of
the Ocoee Land Development Code in addition to the payment of
the required recreational impact fees.
44. The required safe sight triangles required by the Ocoee Land
Development Code shall be provided at every intersection.
45. All fire hydrants shall be painted OSHA yellow and a blue reflective
marker shall be placed in the center to indicate the location of each
fire hydrant and the F.D.C. as per Fire Department specifications.
46. A six (6) foot wall will be provided within a ten (10) foot easement
adjoining the White Road and Clarke Road right-of-way for Parcels
1 and 3 (single family residential).
47. A seven (7) foot brick wall and landscaping will be provided where
Parcel 2 (retail) adjoins the existing and proposed Parcels 1 and 3
(single family residential), and along the common boundary line of
Parcel 4 (multi-family residential), and the Rose Hill Subdivision.
This wall will be constructed at the commencement of site
development for Parcel 2 (retail) and Parcel 4 (multi-family
14
residential). The typical landscaping shall include: One (1) tree
minimum two and one-half (2 1/2) inches DBH at least twelve (12)
feet in height shall be planted for each fifty (50) linear feet; and
landscaping in the form of hedge material or shrubs planted adjacent
to the wall will equal 25 percent of its length.
48. Permitted Uses within Parcel 2 (retail) are all those uses permitted
in the City's C-2 Zoning District except for: automobile sales,
equipment sales, gasoline stations, miniature golf courses, drive-in
restaurants with no inside seating, pawn shops, funeral homes, and
commercial convenience stores with or without gas sales.
49. In order to promote an aesthetically pleasing identification system for
the Project, the Owner will prepare, for review and approval by the
City, an architecturally integrated signage program which specifies
the height, size, location, and number of signs to be placed within
the entire Project. It is the intent of this Condition of Approval that
the signage program will provide for a higher quality standard of sign
control than that found in the Ocoee Land Development Code. Said
signage program will be included as part of the Final
Subdivision/Site Plans submission for Parcel 2 (retail).
50. Lift Station
(a) It is contemplated by the City, the Owner and the developer
of the Lake Lotta Mall PUD that a new lift station ("the New
Lift Station") may be located on the Property in accordance
with Condition of Approval No. 31 as set forth in the Land Use
Plan for the Lake Lotta Mall PUD. If the final design of the
New Lift Station calls for it to be located on the Property
within the Lake Lotta Center PUD ("the Lift Station Site"), then
the Owner will: (1) grant to the City, or the developer of the
Lake Lotta Mall PUD, as the case may be, such easements
as may be reasonably necessary to construct, operate, repair
and maintain the New Lift Station on the Lift Station Site, and
(2) dedicate and convey the Lift Station Site to the City or the
developer of the Lake Lotta Mall PUD, as the case may be,
by warranty deed in a form and substance reasonably
acceptable to the City, along with title information evidencing
the Owner's unencumbered ownership or provision of
appropriate releases, such dedication to the City, if applicable,
15
to occur in accordance with the provisions of Condition of
Approval No. 31 as set forth in the Land Use Plan for the
Lake Lotta Mall PUD. Additionally, upon request of the City
or the developer of the Lake Lotta Mall PUD, as the case may
be, the Owner will grant to the City or the developer of the
Lake Latta Mall PUD, as the case may be, such utility
easements as the City or the developer of the Lake Lotta Mall
PUD, as the case may be, reasonably determines to be
necessary for the proper operation, repair and maintenance
of the New Lift Station whether as a regional pumping facility
or as a facility designed to serve only the Lake Lotta Mall
PUD and that portion of the Lake Lotta Center PUD Property
designated by the Owner as hereinafter set forth, said utility
easements to be in a form and substance reasonably required
by the City. In the event that the New Lift Station is to be
located on the Property and is to be a "regional facility", then
the City shall provide the Owner with written notice of such,
and shall provide the Owner with a survey and legal
description, certified to Owner, a minimum of thirty (30) days
prior to the time that such conveyances(s) are required, with
such survey being done by a licensed Florida surveyor.
(b) If the City elects to construct the New Lift Station pursuant to
Service Option #3 as set forth in Condition of Approval No. 31
of the Lake Lotta Mall PUD, then in such event the Owner
shall promptly advise the City in writing regarding that portion,
if any, of the Property which the Owner desires to have
served with sanitary sewer service by means of the New Lift
Station. The Owner shall advise the City within a time frame
compatible with the obligations of the City for construction of
the New Lift Staticn.
(c) If the City elects to construct the New Lift Station as aforesaid
and if the Owner elects to utilize the New Lift Station as set
forth above, then in such event the Owner shall pay to the
City a sum of money equal to the sum of money that the
Owner would have paid to design, engineer, permit and
construct a new lift station serving only that portion of the
Lake Lotta Center PUD Property designated by the Owner as
aforesaid, said dollar amount to be mutually agreed upon
between the City and the Owner. Said payment shall be
16
made by the Owner on or before the date a developer is
issued a building permit for a mall of at least 800,000 square
feet on the land which is the subject of the Lake Lotta Mall
PUD. The Property within the Lake Lotta Center PUD shall
be entitled to utilize the New Lift Station only to the extent
payment is made pursuant to this paragraph and capacity is
requested pursuant to this Condition of Approval 50.
(d) The Owner is hereby made a third party beneficiary to the
provisions of Condition of Approval No. 31 as set forth in the
Land Use Plan for the Lake Lotta Mall PUD.
(e) The City and the Owner shall execute such further
documentation, if any, as may be necessary to implement the
provisions of this Condition of Approval.
(f) Notwithstanding anything herein or in Condition of Approval
No. 31 of the Lake Lotta Mall PUD to the contrary, the Owner,
at its sole discretion, may elect to build its own lift station(s)
on the Property to solely serve the development on the
Property, or the developer of the Lake Lotta Mall PUD and the
Owner may jointly decide to elect Service Option #2 as set
forth in Condition of Approval No. 31 of the Lake Lotta Mall
PUD, and if either such elections are made, then the Owner
as to and in connection with the development of the Parcel 4
(multi-family residential) shall have no obligation to the City (i)
to contribute funds for any other lift station serving Parcel 4
and/or the Lake Lotta Mall PUD; (ii) to dedicate any land for
any other lift station serving Parcel 4 and/or the Lake Lotta
Mall PUD; or (iii) to grant any easements for any other lift
station serving Parcel 4 and/or the Lake Lotta Mall PUD.
17
COMPOSITE EXHIBIT "C"
DEVELOPMENT PROGRAM
111111.1101,111,111.11111111.1111.11111111.11111.1111111111,111,11•111111111IOWEEONOONOSIIII
PARCEL 1 (28.932 ac)
70' Single family lots 1 13.526 (47%) 54 DU
75' Single family lots 1 15.406 (53%) 62 DU
PARCEL 2 (35.004 ac)
Shopping Center 2 29.574 (84%) 212,088 GSF (.19 FAR)
Outparcel 1 2 2.0 (.06%) 17,292 GSF (.20 FAR)
Outparcel 2 2 1.65 (.05%) 14,410 GSF (.20 FAR)
Outparcel 3 2 1.78 (.05%) 14,410 GSF (.20 FAR)
PARCEL 3
50' Single family lots 1 8.810 35 DU
PARCEL 4
Multi-family 1 26.514 200 DU
TOTAL 99.26 acres 151 DU Single-Family
200 DU Multi-Family
288,200 GSF Retail (1)
(1) Total gross leasable square footage is 275,000 SF per the Lake Lotta Center DRI
Development Order.
V
SITE DEVELOPMENT STANDARDS
5.;:.;:.:.;;;:;..
PARCEL
2
PHASE 1 1 1 1 2
MAXIMUM GROSS DENSITY (DU/AC) 4 DU/AC 4 DU/AC 4 DU/AC 16 DU/AC .20 FAR
FLOOR AREA RATIO (FAR)
MINIMUM LOT SIZE 5,500 SF 7,700 SF 8,250 SF
MINIMUM LOT WIDTH 50' 70' 75'
MINIMUM LIVING AREA 1,200 SF 1,200 SF 1,400 SF 650 SF/DU+200
SF/BEDROOM
OVER TWO
BUILDING HEIGHT (1) 35' 35' 35' 35'(6) 45'
SETBACKS
PD Boundaries 25' 25' 25' 25'
Front 25' 25' 25' 50' 50'
Side 0-5(2) 7.5' 7.5' 50' 50'
Rear 25' 25' 25' 50' 50'
Lake Lotta 50'(7)
Side to Side 30'
Front to Front 40'
or Rear to Rear
ARTERIAL AND COLLECTOR
STREET SETBACKS
Clarke Road 50' 50' 50' 50'
White Road 35' 35' 35'
MAXIMUM IMPERVIOUS 50% 50% 50% 75% 70%
SURFACE
OPEN SPACE (GROSS 25% 25% 25% 50% 20%
LAND AREA
PARKING 2 SP/DU 2 SP/DU 2 SP/DU 2 SP/DU 1 SPACE/
200 SF
(1375
SPACES)
LANDSCAPE/WALL (3) (3) (3) 15'(4) 15'(4)
EASEMENTS
(1) Building heights shall be measured from finish grade.
(2) The side setback may be reduced to zero (0) feet with a minimum
10' building separation.
(3) A six (6) foot wall will be provided within a ten (10) foot easement
adjoining the White Road and Clarke Road Right-of-way for
Parcels 1 and 3 (single-family residential).
(4) A seven (7) foot brick wall and landscaping will be provided where
Parcel 4 (retail) adjoins the existing and proposed Parcels 1 and 3
(single family residential), and along the common boundary line of
Parcel 4 (multi-family residential), and the Rose Hill Subdivision.
This wall will be constructed at the commencement of site
development for Parcel 2 (retail) and Parcel 4 (multi-family
residential). The typical landscaping shall include: One (1) tree
minimum two and one-half (2 1/2) inches DBH at least twelve (12)
feet in height shall be planted for each fifty (50) linear feet; and
landscaping in the form of hedge material or shrubs planted
adjacent to the wall will equal 25 percent of its length.
(5) Permitted Uses within Parcel 2 (retail), are all those permitted in
the City's C-2 Zoning District except for: automobile sales,
equipment sales, gasoline stations, miniature golf courses, drive-in
restaurants with no inside seating, pawn shops, funeral homes,
and commercial convenience stores with or without gas sales.
(6) No units over one-story will be built within 100 feet of the Rosehill
Subdivision.
(7) The 50' setback is from the jurisdictional wetland line.
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HBITD
Waivers From Land Development Code Requested by Developer
1. Provision of not less than 2.25 Provision of 2 parking spaces
parking spaces times the times the number of multi-
number of multi-family dwelling family dwelling units
units {Sec. 6-4.G.(1)(6)}
2. Provision of not more than 800 Provision to exceed the
feetfor any cul-de-sac maximum 800 feet for the cul-
{Sec. 6-3.K.} de-sac in the single family
Parcel 1
3. Provision of providing a Provision of providing a
continuous berm around all continuous hedge at least five
paved areas and in-front of all (5) feet high
fenced stormwater facilities
{Sec. 6-10.I.(5)(b)}
4. Provision to provide the Provision to eliminate the
proposed method of requirement of submitting the
stormwater management upon proposed stormwater
submittal of the Land Use Plan management plan with the
{Sec. 4-5.C.(8)(C)} Land Use Plan
5. Minimum retail side and rear Reduce minimum side and
setbacks: 25' {Sec. 4-5(7)(3)} rear setbacks to 0' between
anchor parcels and shopping
center
6. Maximum height of 6 ft. for Increase to 7 ft. for wall
screening wall adjacent to Rosehill
{Sec. 6-10.l.(7)(C)} Subdivision