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HomeMy WebLinkAboutVI (E1d) Second Reading of Ordinances: Forest Ridge; Development Agreement (Forest Ridge PUD) Agenda 3-07-2000 Item VIE ld FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO, FLORIDA 32802-2 193 SAN DIEGO JACKSONVILLE I NORTH ORANGE AVENUE, SURE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 1-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAMPA MILWAUKEE FACSIMILE: (407) 648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE EMAIL ADDRESS (407)244 3261 CLIENT/MATTER NUMBER mformella@foleylaw.com 020377-0490 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Martha H. Formella, Esq., Assistant City Attorney i44. DATE: February 16, 2000 RE: Forest Ridge PUD - Development Agreement (Project No. LS-99-004) ISSUE: Whether the City Commission should approve the proposed Development Agreement. DISCUSSION: The owner of approximately 14.3 acres of property located south of 17th Avenue east of Ocoee-Apopka Road ("Property") has requested a zoning classification of PUD, Planned Unit Development District. Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the owner and the City enter into a Development Agreement incorporating all plans and conditions of approval by reference in connection with the approval of a PUD. The Development Agreement incorporates the PUD Land Use Plan and Preliminary Subdivision Plan by reference and includes the Conditions of Approval and Waivers in Exhibits "B" and "C", respectively. The Development Agreement will be binding on the current owner as well as any subsequent purchaser. RECOMMENDATION: It respectfully is recommended that the City Commission approve the Development Agreement and authorize the execution thereof by the Mayor and City Clerk. Attachment OIL 006.171109.1 ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART PREPARED BY: Martha H. Formella, Esq. FOLEY& LARDNER 111 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407)423-7656 RETURN TO: Jean Grafton, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive For Recording Purposes Only Ocoee, FL 34761 (407)656-2322 Project No. LS-99-004 DEVELOPMENT AGREEMENT (FOREST RIDGE) THIS DEVELQPMENT.AGREEMENT ("this Agreement") is made and entered into as of the day of , by and betwen,ICHARD HthANGLEY, • individually and as trustee, whose mailing address is S6/07' �, (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal 0-2er4 corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). WITNESSETH: 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, pursuant to the petition of the Owner, on _ the Ocoee City Commission approved Ordinance No. rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. -1- 06.149198.1 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 that certain PUD Land Use Plan and Preliminary Subdivision Plan for Forest Ridge prepared by Neal Hiler Engineering, Inc., date stamped as received by the City on January 19, 2000 (hereinafter collectively referred to as the "Land Use Plan"). The Land Use Plan is 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 in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan 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. Pursuant to City of Ocoee Ordinance No. Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Section 4. 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 (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. -2-006.149198.1 Sect_ 5. 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 the successor in interest to the Property or any portion thereof. Section 6. 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. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 7. 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 8. 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 9. 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. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 10. 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 necessary to confirm and/or effectuate the obligations of either party hereunder. Section 11. 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 12. 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 13. 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 14. 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 -3- held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. _ Section 15. 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 16. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. 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. Signed, sealed and delivered in the OWNER presence of 727 &Ledet 'Print Name: /:7 /( - Richard H. Langley, ividu ly and 6 as trustee j4Mtd -9,4/ /1/W— Print Name: Dr:41Y 07 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 Richard H. Langley, individually and as trustee, who [his personally known to me or [___J produced as identification, and that he acknowledged executing the same in the presence of two subscribing witnesses, 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 ,1999. Signature of Notary � ,,•�`'", �1.TOPPING � tY CC 711709 7/4 J'61 th. 1/1 1"gam.;-h• trs&Bonding Co • : Name of NOtary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): -4- Signed, sealed and delivered in the presence of: CITY: CITY OF OCOEE, FLORIDA 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. CONMSSION AT A MEETING HELD Approved as to form and legality this ON UNDER AGENDA ITEM day of , 1999. NO. 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 , 1999. 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): -5- 01/20/00 15:58 FAX 3523941604 , RICHARD H. LANGLEY tlUU3/UU3 • JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT The undersigned hereby certifies that it is the holder of a mortgage,lien or other encumbrance upon the above described property,which encumbrance is recorded in Official Records Book 5418, Page 1359, of the Public Records of Orange County, Florida, and that the undersigned hereby joins in, and consents to, and agrees that its mortgage, lien or other encumbrance shall be subordinated to the foregoing Development Agreement. Signed, sealed and delivered in the presence of: SE RO . / • atuel-fcic-) ��J /4 B (Signature of Witness) (Signature M tgage/Lien Holder) Print ame: Ch • e P.Griffis Title: President --� Print Name: Richard J.Huber ./l% (Signatur of itness) Address: 9302 Morton Jones Road Print Name: Harry J.Schuur,III Gotha,FL 34734 STATE OF FLORIDA COUNTY OF ORANGE THIS IS TO CERTIFY that on January J-0 , 2000, before me, an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared RICHARD J. HUBER, President of SENDER()GROUP,INC.,to me known to be the person(s)described in and who executed the foregoing Joinder and Consent to Development Agreement acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed. He is personally known to me. (Signature of Notary Public/person ri Ig acknowledgment) Print Name: Charline P.Griffith (SEAL) [Langley.5\ForestRidge\J&C.2] Charline P Griffith * *My Commission CC772089 ISgr, , 'Expires October 16,2002 —6— • EXHIBIT "A" The Property • Legal Description • That portion of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Southwest 1/4 of said section 8; thence run N 01°16'37" W along the West line of the said Southwest 1/4.of the Southwest 1/4 a distance of 1080.00 feet; thence run N 88°34'55" E along the North line of the' South 1080.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 25.00 feet for the Point of Beginning; thence continue N 88°34' 55" E along said North line a distance of 330.00 feet; thence run N 01°16'37" W along the East line of the West 355.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 150.00 feet; thence run N 88°34'55" E along the North line of the South 1230.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 720.10 feet; thence run S 01°44'58" E along the West line of the East 270.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 109.42 'feet; thence run N 89°19'23" E along the South line of the North 298.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 270.05 feet; thence run S 01°44' 58" E along the East line of the said Southwest 1/4 of the Southwest 1/4 a distance of 907.11 feet; thence run S 88°34'55" W along the North line of the South 210 feet of said Southwest 1/4 of the Southwest 1/4 a distance of 330.01 feet; thence run N 01°44' 58" W along the West line of the East 330 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 650.01 feet; thence run S 88°34'S5" W along the North line of the South 860.00 feet of the said Southwest 1/4 of the Southwest 1/4 a distance of 993 .15 feet to the East right of way line. of North Lakewood Avenue (A.K.A. Ocoee Clarcona Road) ; thence run N 01°16'37" W along said East right of way line, 25.00 feet East of and parallel to the aforesaid West line of the Southwest 1/4 of the Southwest 1/4 a distance of 220.00 feet to the Point of Beginning. EXHIBIT "B" Conditions of Approval Conditions of Approval 1. Upon sixty (60) days written notice from the City of Ocoee but no later than the time of platting of all or a portion of the Property Owner shall convey to the City a parcel of property five feet (5') in width along Lakewood Avenue (Tract C). The conveyance of Tract C shall not impose any obligation on the City to make any improvements thereto. Prior to the time Tract C is improved, the owner of the adjacent property shall he responsible for the maintenance of Tract C at its sole cost and expense. The conveyance shall be at the sole cost of the Owner by Warranty Deed in form and substance satisfactory to the City including a metes and bounds legal description and sketch. In addition, the Owner shall provide the City with a current title opinion or a current title insurance policy evidencing the unencumbered ownership of Tract C or provide the appropriate releases for Tract C. Neither the Owner nor any person or entity shall be entitled to compensation, including but not limited to road impact fee credits, with respect to the conveyance of any portion of Tract C. 2. The Lift Station Site (Tract D) shall be dedicated to City of Ocoee by Warranty Deed free and clear of encumbrances prior to or at the time of platting. 3. All Detention Pond & Parks (Tracts A & B) to be owned & maintained by the H.O.A. 4. All legal documents, including but not limited to warranty deeds, Homeowners' Association documents, declaration of covenants, easements and restrictions, and articles of incorporation, shall be provided to the City of Ocoee for review & approval. 5. All storm inlets will be Type 5 with Precast Tops. 6. This Subdivision Plan is subject to the terms and conditions of the Annexation Agreement, dated November 20, 1996, as recorded in OR Book 5213, Page 4243, Public Records of Orange County Florida. That agreement addresses issues related to initial zoning on the property, right—of—way dedications, road improvements and providing utility services to the site. 7. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes Chapter 163 concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity, or itself, from the application of such state legislation and nothing herein should be construed as such an exemption. 8. Proposed amenities within Park Site (Tract B) shall be a Tot Lot and Passive Recreation. Additional Active Recreation to be Provided by a Fitness Course around the Dry Pond (Tract A). 9. Lift.Station (Tract D) shall be screened with landscaping. Fencing around the facility shall be setback enough to match the front building setback on the lots. The fencing shall be black vinyl coated chain link with all fence posts and rails also pointed black. 10. Drainage and utility easements between lots are shown for location only. Final easement dimensions (widths) will be shown on the Final Subdivision Plan and will be sized to meet City requirements. 11. Unless otherwise noted, a 5' utility and drainage easement will be platted along all side lot lines, and a 10' utility and drainage easement adjacent to the street right—of—way. 12. The landscape buffer along Lakewood Avenue shall have shade trees planted every 30 feet and shrubs planted along the length of the wall or the combination brick/decorative metal fence which shall be constructed at least 5 feet back from the road right—of—way line. —8— Conditions of Approval (Continued) 13. Each fire hydrant shall be OSHA Yellow In color and a blue reflective marker shall be affixed to the street in the center of the lane closest to each hydrant. , 14. All drainage, utility and maintenance easements shall be for the benefit of the Home Owners Association. The land burdened by such easements shall he owned by the individual lot owners. The drainage and utility easements shall be dedicated to the perpetual use of the public at the time of platting. 15. All access rights to Lakewood Avenue for Tract A shall be dedicated to the City of Ocoee at the time of platting. 16. At all corners and where otherwise applicable, sidewalks shall have access ramps constructed to accommodate those In wheelchairs and others who are physically challenged. 17. All screen walls, landscape buffers, entry and corner landscape improvements, and sidewalk along Lakewood Avenue, along Forest Ridge Drive In front of Tract A, and along the roads in front of the park site shall be completed prior to issuance of the Certificate of Completion. 18. The plan shows available pad size for reference only. For each individual lot, the buildings shall not exceed 40 X lot coverage and the total of all impervious surfaces shall not exceed 50 X lot coverage. 19. Street lights shall be installed by the Developer prior to Certificate of Completion at the Developer's expense and the cost of their operation will he assumed by the Developer in accordance with Ordinance No. 95-17. 20. All underground utilities shall comply with Ordinance No. 95.1 1, which requires pedestal—mounted utility boxes to be placed bock off the street, no more than 5 feet forward of the front building setback line, on all residential lots which are less than 70 feet in width where the lot abuts the street right—of—way line. 21. No person shall undertake land clearing or the removal of any protected tree without first obtaining a permit from the Building Department. The removal of protected trees shall be minimized to the maximum extent possible and no authorization shall be granted to remove a tree if the Developer has failed to take reasonable measures to preserve specimen and historic trees. 22.THE DEVELOPER AGREES TO HIRE AN ARCHAEOLOGIST OR SPECIALIST WHO WILL UNDERTAKE A SITE INVESTIGATION ADJOINING THE CEMETERY SOUTH OF THE PROJECT TO ASCERTAIN WHETHER OR NOT THERE IS ANY LIKELIHOOD OF GRAVES HAVING BEEN DUG OUTSIDE THE BOUNDARY OF THE CEMETERY AND WHICH MAY EXIST ON THIS PROPERTY. THIS INVESTIGATION WILL BE ACCOMPLISHED ADJUSTEDO AS NECESSARY BASEDAL OF EUPONLTHEBR RESULTS OFF TTHEAINVED STIGATIONS 23.FLORIDA STATUTE, SECTION 872.05(4) , SO STATES: DISCOVERY OF AN UNMARKED HUMAN BURIAL OTHER THAN DURING AN ARCHAEOLOGICAL EXCAVATION. WHEN AN UNMARKED HUMAN BURIAL IS DISCOVERED OTHER THAN DURING AN ARCHAEOLOGICAL EXCAVATION AUTHORIZED BY THE STATE OR AN EDUCATIONAL INSTITUTION, ALL ACTIVITY THAT MAY DISTURB THE UNMARKED HUMAN BURIAL SHALL CEASE IMMEDIATELY, AND THE DISTRICT MEDICAL EXAMINER SHALL BE NOTIFIED. SUCH ACTIVITY SHALL NOT RESUME UNLESS SPECIFICALLY AUTHORIZED BY THE DISTRICT DISTRICT MEDICAL EXAMINER OR THE STATE ARCHAEOLOGIST. ALL PERSONS, INCLUDING BUT NOT LIMITED TO CURRENT AND FUTURE OWNERS, DEVELOPERS, AND CONSTRUCTION PERSONNEL, SHALL COMPLY WITH THE ABOVE STATUTORY SECTION IN CONNECTION WITH THE DEVELOPMENT OF THE PROPERTY. THE CITY OF OCOEE BUILDING OFFICIAL SHALL BE NOTIFIED IN WRITING CONTEMPORANEOUSLY WITH ANY NOTICE TO THE DISTRICT MEDICAL EXAMINER. —9— MGM rD y V! e) 3 EXHIBIT "C " - -WAIVER TABLE Code Section Citation Code Standard Proposed Standard Justifications For Waiver 6-2 A(1) Continuation of Existing Continuation of Existing The only existing road with which to connect is Street Pattern Street Pattern Anderson Place. We have provided a stub for street and utilities. Also stub has been provided to north for future extension to 17th Street. 0 6-3 K Cul—de—sacs. Shall be a maximum of 800' Temporary Cul—de—sac of 2040' A stub has been provided at Anderson Place which will be paved in the future. A standard 45' radius pavement has been provided at the south end of the cul—de—sac. Also, a second stub has been provided to the north for future connection to 17th Street. The length of the cul—de—sac would then be only 830'. Table 5-2 Minimum Lot Width — 70' Minimum Lot Width — 60' The Proposed Forest Ridge Subdivision is an infill subdivision designed for low income family homes. The minimum 60' Lot width will provide the Developer with the necessary density to offer low income families and first time purchasers affordable new starter homes. Sri rt I Table 5-2 Minimum Lot Area — 7000 SF Minimum Lot Area: 6,000 SF The Proposed Forest Ridge Subdivision is an infill subdivision designed for low income family homes. The minimum 60' Lot width will provide the Developer with the necessary density to offer low income families and first time purchasers affordable new starter homes. Table 5-2 Minimum 25' Rear Setback Minimum 20' Rear Setback The decreased setbacks will provide additional 25' Backing up to Boundary flexibility in the layout of these affordable Minimum 25' Front Setback Minimum 20' Front Street Setback homes. Min.25' Side Street Setback Minimum 20' Side Street Setback 6-9 C(1) Minimum 30% Useable Minimum 25% Useable Open Space The proposed Single Family infill PUD provides Open Space a tot lot, passive recreation and additional active recreation by fitness course around dry pond. 4-5(L)(5)(c) Building Separation 30 Feet Building Separation 15 Feet Single Family Subdivision, 7.5' minimum side setback Open Space provides adequate building separation. Copy of Public Hearing Advertisement Date Published The Orlando Sentinel,Thursday,February 24,2000 Advertisement CITY OF OCOEE NOTICE OF PUBLIC HEARINGS TO CONSIDER APPLICATIONS FOR A CHANGE OF ZONING TO PUD - WITH A LAND USE PLAN AND APPROVAL OF A PRELIMINARY SUBDIVISION PLAN • PROJECT NO.LS-99-004: FOREST RIDGE PUD NOTICE IS HEREBY GIVEN pursuant to Section 166.041,Florida Statutes,and Sections 1-10, 4-5, and 5-9, Ocoee Land Development Code, that on March 7,2000 at 7:15 p.m.,or as soon thereafter as practical,the Ocoee City Commission will hold Public Hearings at the City Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida, to consider: 1)on the second of two readings the adoption of the following Ordinance: AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "R-2", SINGLE FAMILY, DUPLEX, TRIPLEX, AND OUADRAPLEX DWELLING DISTRICT, TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT,ON CER- TAIN REAL PROPERTY COMPRISING APPROXIMATELY 14.3 ACRES LO- CATED SOUTH OF 17TH AVENUE EAST OF OCOEE-APOPKA ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER(S);FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY COPE,AND THE JOINT PLANNING AREA AGREE- , MENT; PROVIDING FOR AND AU- THORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; RE- PEALING INCONSISTENT ORDI- NANCES;PROVIDING AN EFFECTIVE DATE. and 2)approval of a Preliminary Subdi- vision Plan,known as FOREST RIDGE PUD. The City Commission may continue the public hearings to other dates and times as they deem necessary.Any in- terested party shall be advised that the dates,times,and places of any continu- ation of these or continued public hear- ings shall be announced during the hearing and that no further notices re- garding these matters will be published. Interested parties may appear at the public hearings and be heard regarding the proposed Ordinance,and the Pre- liminary Subdivision Plan.A copy of the proposed Ordinance, Land Use Plan and Preliminary Subdivision Plan,and related information may be inspected at the Planning Department, 150 North Lakeshore Drive,between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,except legal holidays. Any person who desires to appeal any decision made during the public hear- ings will need a record of the proceed- ings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based.Persons with disa- bilities needing assistance to participate in any of the proceedings should con- tact the City Clerk's Office 48 hours in advance of the meeting at(407)656- 2322. JEAN GRAFTON,CITY CLERK, CITY OF OCOEE Thursday,February 24,2000 OLS3160555 FEB.24,2000 Copy of Public Hearing Advertisement Date Published The Orlando Sentinel,Thursday,February 24,2000 Advertisement CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF AN ANNEXATION ORDINANCE CASE NO.AP-99-05-04:WORSHAM/ORDINANCE NUMBER 2000-06 NOTICE IS HEREBY GIVEN pursuant to Sections 166.041 and 171.044,Florida Stat- utes,and Sections 1-10 and 5-9,Ocoee Land Development Code,that on Tuesday, March'7,2000.at 7:15 p.m.,or as soon thereafter as practical,the Ocoee City Commission will hold a Public Hearing at the City Commission Chambers,150 North Lakeshore Drive.Ocoee,Florida to consider on the second of two readings adoption of the following ordinance: AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 9.97 ACRES LOCATED APPROXI- MATELY 800 FEET EAST OF THE CLARKE ROAD/WHITE ROAD INTERSEC- TION,SOUTH OF WHITE ROAD,PURSUANT TO THE APPLICATION SUBMIT- TED, BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREEMENT;PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;PROVIDING DIREC- TION TO THE CITY CLERK;PROVIDING FOR SEVERABILITY;REPEALING IN- CONSISTENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE. Set forth below is a map showing the area proposed to be annexed: CITY OF OCOEE, FLORIDA WORSHAM ANNEXATION • y:ta I o �Iui :i�I4�iiii ] •u►���ium Whits Road (1II'71II! am t. Ie t Property" ' . L�,®, tilt✓v �, a �'^tam® O[i I l l)f' c:!a, 3 andlnm su:: 1 We�tOatcs s @IL lnnnna! En*/ Firm I I IT1 `� I 7 .-. .....� . ._ ThtiIII ILO The City Commission may continue the public hearing to other dates and times as they deem necessary.Any interested party shall be advised that the dates,times, and places of any continuation of this or continued public hearings shall be an- nounced during the hearing and that no further notices regarding these matters will be published. A copy of the proposed Ordinance,including a complete legal description by metes and bounds,may be inspected at the Ocoee City Clerk's office,150 North Lake- shore Drive,between the hours of 8:0Q a.m.and 5:00 p.m.,Monday through Friday, except legal holidays.Interested part s may appear at the meeting and be heard with respect to the proposed Ordinance.Any person who desires to appeal any de- cision made during the public hearing will need a record of the proceeding and for this purpose may need to ensure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based.Per- sons with disabilities needing assistance to participate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at(407) 656-2322. JEAN GRAFTON, CITY CLERK, CITY OF OCOEE Thursday,February 17,2000 and Thursday,February 24,2000 OLS3137112 FEB.1724,2000 A