HomeMy WebLinkAboutVII(A) Discussion/ Action Re: Admiral Pointe Phase II - Developer & HOA Agreement For Updated Street Lighting Agenda 6-1/-9V
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"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" pyOR•Y�I OAMM[SSIONER
Ocoee S. SCOTT VANDERGRIFT
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CITY OF OCOEE COMMISSIONERS
150 N.LAKESHORE DRIVE DANNY HOWELL
SCOTT ANDERSON
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OCOEE,FLORIDA 34761-2258
RUSTY JOHNSON
41 C-3.---'141
(407)656-2322 NANCY J.PARKER
OF 000.0
CITY MANAGER
ELLIS SHAPIRO
MEMORANDUM
DATE: August 17, 1999
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ernie Kovacs
Engineering Aide
SUBJECT: Approval of Admiral Pointe Phase II
Developer and Homeowners Association Agreement
for Upgraded Street Lighting
Issue
Should the Honorable Mayor and Board of City Commissioners give approval of the Upgraded
Street Lighting Agreement for Admiral Pointe Phase II?
Background and Discussion
Admiral Pointe Phase I-Beatrice Radic, Chairperson of the Advisory Board for the
Homeowners' Association, will present the history and current status of the street lighting for
Phase I.
Admiral Pointe Phase II Subdivision plat has previously been approved by the Mayor and City
Commissioners. As an improvement to their community,the Developer and Homeowners
Association have elected to install upgraded street lighting. This, in turn, necessitates the city
approval of the Upgraded Street Lighting Agreement. Furthermore, City Ordinance#95-17
requires that developers put in street lighting prior to the sale of home within that area.
Recommendation
The staff recommends that the Honorable Mayor and Board of City Commissioners approve the
Upgraded Street Lighting Agreement.
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Protect Ocoee Water Resources
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DEVELOPERS AND HOMEOWNERS ASSQCIAT1QN AQREEMENT
FOR UPGRADED STREET LIGHTS
This Agreement, entered into this 4th day of August. 19 99 by and between
Sanlando Land, Inc. hereinafter referred to as
Developer; Admiral Pointe Homeowners Association, Inc.
hereinafter referred to as Association, arid the CITY OF OCOEE, hereinafter referred to as City.
Win:1ESSEJ:
WHEREAS,the Developer owns and desires to develop certain reel property located In the City of
Ocoee,Orange Couray, Florida,more particu arty described In Exhibit'A*, attached hereto; and
• WHEREAS,for the purpose of developing the subject property,the Developer has submitted to the
City of Ocoee a subdivision plan and specifications for a subdivision to be known as
Admiral Pointe Phase II ; and
WHEREAS,the Developer Intends to develop the:subject property in accordanca with the approved
subdivision plans and specifications, including certain specialized street lighting; and
WHEREAS, in order to install said street lighting It will be necessary to Install one 16' Class
51 Ocala type street lights for every one 0' concrete conventional fbctureg to obtain
the same Mumination:'and
WHEREAS,the cost and maintenance of the 16' Class 51. Ocala type street
lights is In exces. of the amount paid by the City for street lighting pursuant to the Clty'a agreement with
Florida Power Corporation; and
•
WHEREAS,the City is in agreement to allow this type of street lighting by the Developer for use in
I Po• a jjase II subdivision provided that the
additional cost thereof Is paid for by the Developer and/or the Association; and
WHEREAS,the Developer and Association are in agreement to pay the additional costs thereof.
NOW THEREFORE, the parties agree as follows:
1. The Developer hereby agrees that the Declaration of Covenants Condtlons and Restrictions for
viral Pointe Phase II shell speciiically provide that the
Association shalt be restxmatiale for the additional cost of street lighting that la over and above that paid for
by the City and shall reimburse the Cityy of Ocoee said additional cost plus an administrative charge equal
to ten (10) percent of the additional costs and that said Association shall have the power and authority to
assess each lot owner within said subdivision,which said assessment shall be a then upon each lot and shall
be subject to foreclosure by the Association in the event of non-payment.
2. That the Associatlon'ior Itself. Its successors and assigns agrees that the Declaration of
Cr versants C.ondtilons and Restrlctidns for Admiral Pointe Phase II • shah not be amended
as It rem to the duty to pay the additional cost of street lighting and the Hen and enforcement provisions
thereof, without consent of the City, and further agrees to be responsible for the additional costs of street
lighting over and above that paid for by the City that results from the use of the desired street lighting, plus
the administrative costs set forth above.
a The Developer upon the execution of this Agreement, shall pay to the City the cost of recording
this Agreement In the Public Records at Orange County,Florida.
. FORM-12 t
Developers and Homeowners Association
Agreement for Upgraded Street Lights
4. This Agreement shall be binding and Inure to the benefit of the subject property and be binding
upon the Association and any persons,firm or corporation that may become its successor in interest directly
or indirectly to the subject property.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be signed as of the date
and year first above written.
SIGNED, SEALED, AND DELIVERED CT!OF OCOEE,FLORIDA
IN THE PRESENCE OF:
MAYOR
Witness
ATTEST:
Witness City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 19 ,
UNDER AGENDA ITEM NO. .
FOR USE AND RELIANCE ONLY BY THE CITY OF
OCOEE, APPROVED AS TO FORM AND
LEGALITY, THIS DAY OF
19 .
FOLEY & LARDNER
BY:
CRY ATTORNEY
DEVELOPER:
ftr�� 1=', fs C
_ By:
Witness MTc 4-' C _t-{Pti2, .ES "p• MA.o.A141)14.-) qoa.
��. -.,•\ As its: VIC_E-P g,ES
(Witness n_Q,A>�4 V A I. ,tr=,o-£_.
(SEAL)
FORM-12 2
Developers and Homeowners Association
Agreement for Upgraded Street Lights
ASSOCIATION: `- Y
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f(bMEC)I,JA1E�S Ass cclft i c0 1 CSC
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Witness Ci-(A t S >. A lSE divt eHaz.� K. V 4c,J
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PR_F-s=,Q Al�
( Waness3RA .S 1 VALElJTi sE
(SEAL)
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
, personally known to me to be the Mayor and City Clerk, respectively, of the CITY
OF OCOEE, a Florida municipal corporation, 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, and who did not take oaths.
WITNESS my hand and official seal In the County and State last aforesaid this day of
19—•
Notary Public
My Commission Expires:
FORM-12 3
•
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Developers and Homeowners Association
Agreement for Upgraded Street Lights
STATE OF i'IOYI da.
•
COUNTY OF L/r Qn
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I HEREBY CERTIFY that on this day, before me, an i uth 'tile State and County
aforesaid to take acknowledgments, personally appeared I 4/ k Ull
I known to me QK"ho proxid� Y? as identification, as
' theweSi #f'7 I- f /'}�)J Y l)i/Z ° 'a P Or a C&7J , and that he
ackryged executing the same freely and voluntarily under authority duly vested In him by said
I CJI pu/'CI t'[L)n and that the seal affixed thereto is the true corporate seal of such corporation,
and who did not take an oath.
0 11
E S my hand .• official seal in the County and State last aforesaid this 4 day of
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Oil P)9A,1-)W4-•
��OF F�o� KELLY K BARFIELD
Notary P is N` OTARY 1 My Comm Exp 3/15/2002
N PUBLIC r/ No CC 724822
My Commission Expires: 3116102- Personally Known I I Other I D
STATE OFnok)C/O
COUNTY OF oral.
I HEREBY CERTIFY that on this day, before me,an 9ffiRr;,dulyigiiitho 1. I ,the State and County
aforesaid to take acknowledgments, personally appeared ( fur cc rsonall known to me, o who pr••uc-. a le
a , as
identification, as the I� I of / Ail I A/ Nr, a a i. ,
and that he acknowled9pd executing the same freely and voluntarily under authority duly vested In him by
said Corporal-ten and that the seal affixed thereto is the true corporate seal of such
corporation.
my hand and official seal in the County and State last aforesaid this__ day of
ailW2TrSS
, 19��
= II.0� Brit
Notarypita
public
311� l0� of R KE Co K. BARFIELD
My Commission Expires: bl` (/ �� �R MyComm Exp 3/15/2002
NOTARY o
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Al ersonally Known I I Other I D
•
FORM-12 4
I/
EXH ; ., A
A PARCEL OF LAND LYING IN SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP
22 SOUTH, RANGE 28 EAST AND IN THE SOUTHWEST 1/4 OF SECTION 16,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS 1 , 2, AND 3 OF BLOCK 8, TOWN OF OCOEE AS RECORDED IN PLAT
BOOK 'A, PAGES 100 - 101 , PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA;
AND: LAKE STREET AND A PORTION OF THE EAST 30.00 FEET OF
MONTGOMERY ROAD AS RECORDED IN PLAT BOOK A, PAGES 100 - 101 ,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
AND: THAT CERTAIN PROPERTY LYING BETWEEN THE NORTHERLY EXTENSION
OF THE EAST LINE OF LOT 1 AND THE NORTHERLY EXTENSION OF THE WEST
LINE OF LOT 2, BLOCK 8, TOWN OF OCOEE AS RECORDED IN PLAT BOOK A,
PAGE 100 - 101 , PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND
LYING SOUTH OF LAKE OLYMPIA - NORTH VILLAGE, AS RECORDED IN PLAT
BOOK 26, PAGES 46 - 47, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, LYING WEST OF THE LAKE, LESS
THE SOUTH 220.00 FEET THEREOF;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEASTI/4OF SECTION 17,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE
RUN NOO°23'55"W, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 250.00 FEET; THENCE DEPARTING SAID EAST LINE, RUN
589° 11 '20"W, A DISTANCE OF 104. 17 FEET TO A POINT ON A LINE FOR
CLOSURE PURPOSES ONLY, FOR A POINT OF BEGINNING; THENCE RUN
589° 11 '20"W, A DISTANCE OF 562.56 FEET; THENCE NOO° 15'55"W, A
DISTANCE OF 1038.01 FEET TO A POINT ON THE SOUTH LINE OF LAKE
OLYMPIA-NORTH VILLAGE, AS RECORDED IN PLAT BOOK 26, PAGES 46-47,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN THE
FOLLOWING COURSES AND DISTANCES ALONG SAID SOUTH LINE; THENCE
N89°44'05"E, A DISTANCE OF 160.00 FEET; THENCE N70°36'30"E, A
DISTANCE OF 153.46 FEET; THENCE N55°21 ' 17"E, A DISTANCE OF 92.66
FEET; THENCE S34°38'43"E, A DISTANCE OF 64.61 FEET; THENCE
589°45'.16"E, A DISTANCE OF 246.25 FEET TO SOUTHEAST CORNER OF
SAID LAKE OLYMPIA-NORTH VILLAGE, SAID POINT ALSO BEING THE
NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 17; THENCE DEPARTING SAID SOUTH LINE, RUN
SOO°23'55"E, ALCNG EAST LINE OF -HE SOUTHEAST 1/4 OF SAID SECTION
17, A DISTANCE OF 252.98 FEET TO A POINT ON THE AFOREMENTIONED
CLOSURE LINE; THENCE DEPARTING SAID EAST LINE, RUN THE FOLLOWING
COURSES AND DISTANCES ALONG SAID CLOSURE LINE; 558°48'33"E, A
DISTANCE OF 46. 14 FEET; THENCE 553°04'22"E, A DISTANCE OF 80.89
FEET; THENCE 558°31 '39"E, A DISTANCE OF 72.84 FEET; THENCE
S54°01 '29"E, A DISTANCE OF 45.45 FEET; THENCE 57.2°43'03"E, A
DISTANCE OF 19.28 FEET; THENCE S64°02'57"E, A DISTANCE OF 52. 11 •
FEET; THENCE 568°00' 18"E, A DISTANCE OF 19.99 FEET; THENCE
S73°34'OS"E, A DISTANCE OF 22.69 FEET; THENCE 541°53'04"E, A
DISTANCE OF 32. 32 FEET; THENCE S07° 14'00"E, A DISTANCE OF 36.20
FEET; THENCE 515°26'57"W, A DISTANCE OF 53.67 FEET; THENCE
S22°03'50"W, A DISTANCE OF 45.59 FEET; , THENCE S23°45'06"W, A
DISTANCE OF 71 . 75 FEET; THENCE 518° 19'56"W, A DISTANCE OF 35.33
FEET; THENCE S10.'32'09"W, A DISTANCE OF 69. 77 FEET; THENCE
501°01 '55"E, A DISTANCE OF 38.C9 FEET; THENCE 507°47'40"E, A
DISTANCE OF 63.08 FEET; THENCE 502° 15'25"E, A DISTANCE OF 80.55
=EET; THENCE 531°52' 33"W, A C:STANCE OF 36. 72 FEET; THENCE
N60°32'44"W, A DISTANCE OF 83.51 FEET; THENCE 577°35'28"W, A
DISTANCE OF 73. 42 FEET; THENCE 570° 10'42"W, A DISTANCE OF 66.86
FEET; THENCE 563° 30'55"W, A DISTANCE OF 67.09 FEET; THENCE
S39° 39' 34"W, A DISTANCE OF 70.31 FEET; THENCE 512°47'32"W, A
DISTANCE OF 59.21 FEET TO THE POINT OF BEGINNING.
CONTAINING 19.858 ACRES, MORE OR LESS WITH IN CLOSURE LINE.
CONTAINING 22.094 ACRES MORE OR LESS TO THE WATERS EDGE.
i
ORDINANCE NO. 95- 17
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO CHAPTER 180 OF UiE CODE OF ORDINANCES
OF Trig. CITY OF OCOEE KNOWN AS TH.E LAND
DEVELOPMENT CODE; ENACTING A NEW SUBSECTION 4-4.1
OF ARTICLE IV OF CHAPTER 180 ESTABLISHING A.SHORT
FORM SUBDIVISION PLAT REVIEW PROCESS; REPEALING
SUBSECTION 6-2.A(13) OF ARTICLE VI RELATED TO STREET
LIGHTING; RENUMBERING SUBSECTION 6-2.A(14) OF
ARTICLE VI; ENACTING A NEW SUBSECTION 6-S.D OF
ARTICLE VI RELATED TO STREET LIGHTING, INCLUDING
PROVISIONS WITS RESPECT TO DEVELOPER OBLIGATIONS
TO PROVIDE STREET LIGHTING IN NEW SUBDIVISIONS;
REPEALING SUBSECTION 6-S.0 OF ARTICLE VI IN ITS
ENTIRETY AND ENACTING A NEW SUBSECTION 6-S.0
RELATJW TO OTHER UTILITIES, INCLUDING PEDESTAL
MOUNTED SERVICE OR TERMINAL BOYFS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING FOR.AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to adopt new
provisions and amend various other provisions of Chapter 130 of the Code of Ordinances of the
City of Ocoee known as the Land Development Code; and
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the
Ocoee PIanning and Zoning Commission, acting as the Local.Planning Agency of the City, has
held a public hearing on June 13 , 1995 to review the relationship between this Ordinance
and the Ocoee Comprehensive Plan and following such hearing found this Ordinance to be
consistent with the Ocoee Comprehensive Plan, and in the best interests'of the City of Ocoee
and recommended that the City Commission adopt this Ordinance.
WHEREAS, pursuant to Chapter 163 and Section 166.041(3)(c),Florida Statutes;
the Ocoee City Commission held public hearings on this Ordinance on June 20 , 1995 and
on July 5 , after public notice and received public input with respect p thereto; and
WHEREAS, the City Commission of the City of Ocoee tends and determines that
this Ordinance is consistent with and implements the City of Ocoee Comprehensive Plan and that
adoption thereof is in the best interest of the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
ELE CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 163 and 166, Florida Statutes.
SECTION 2. Enactment of New Section 4-1.1 of Article IV of Chapter 180.
Article IV of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby amended
by.the addition of a new Subsection 4-4.1 to read as follows:
4-4.1 SHORT FORM SUBDIVISION PLAT REVIEW PROCESS
(A) The Short Form Subdivision Plat Review Process set forth in this section is
intended to provide for adequate public review of subdivisions having few lots
and which do not require dedication of suers or public or private improvements.
(B) When an applicant proposes to subdivide property this Short Form Subdivision
Plat Review Process may be substituted for the Subdivision Review Process set
forth in Section 4-4 hereof provided all of the following standards are met:
1. The subdivision consists of rave (5) lots or less:
2. No additional improvements are proposed for the property, except as may
be required by the Land Development Code;
3. Each lot has direct access to an existing paved public street, as required
by Section 6-2.A(5) of this Code;
4. The existing street layout will not be affected, except for the dedication
of additional right-of-way, where required by the City;
5. All lots must be serviceable by existing water and sewer lines, unless
waived by the City;
6. The initial subdivision is not part of a larger development but may be a
replat of a lot or lots which are part of a larger development;
7. The lots meet all applicable Code requirements; and
8. There are no special circumstances existing which result in the
Development Review Committee determining that the proposed plat should
not be processed under the Short Form Subdivision Plat Review Process.
(C) Pre-application Conference. Prior to submitting an application under this Section,
the applicant shall confer with the Director of Planning at a pre-application
conference. In this way the applicant may outline his/her intentions for the
property and can become familiar with the procedure for the Short Form
Subdivision Plat Review Process. Following the pre-application conference the
Director of Planning, after consultation with affected Departments, shall advise
the applicant regarding his preliminary determination as to whether the proposed
subdivision meets the criteria for review under the Short Form Subdivision Plat
Review Process as set forth in Section 4-4.1(B) above. The preliminary
determination of the Director of Planning will be based only on the information
presented at the pre-application conference and will not be binding on the City.
The Director of Planning shall advise the applicant whether any additional
information must be submitted with an application pursuant to this section.
(D) If, following the pre-application conference, the applicant decides to continue,
then an Application for Short Form Subdivision Plat Review shall be submitted
by the Applicant to the Engineering Department along with thirteen (13) paper
copies of the proposed plat (mylar to be given to City upon approval by the
Development Review Committee), the applicable submittal fee, and such other
information as may have been required by the Director of Planning at the pre-
application conference or otherwise required on the application form. In addition,
the applicant shall submit a Certification of. Title and Encumbrances in
conformance with the requirements of Section 177.041, Florida Statutes (i.e., an
attorney's tide opinion or tide company certification). No application shall be
deemed accepted unless it is complete and all required information has been
provided.
(E) Upon acceptance of the application by the Engineering Department, copies of the
proposed plat shall be distributed to the Development Review Committee. The
Development Review Committee shall review the proposed plat and determine
whether there are any special circumstances which, in the opinion of the
Development Review Committee, should disqualify the proposed plat from being
3
processed under the Short Form Subdivision Plat Review Process. The
Development Review Committee members shall individually submit written
comments on the proposed plat to the Engineering Department. In the event the
Development Review Committee determines that the proposed plat is not eligible
for review under the Short Form Subdivision Plat Review Process, then in such
event,.the applicant shall be required to resubmit the proposed plat in compliance
with Section 4-4 hereof, including those requirements related to Preliminary
Subdivision Plans and Final Subdivision Plans. Any such decision of the
Development Review Committee may be appealed bythe
applicant to the City
Commission. If the Development Review Committee determines that the
proposed plat should be processed under the Short Form Subdivision Plat Review
Process, then the Engineering Department shall submit all comments of the
Development Review Committee in a report to the applicant who shall make the
changes necessary and then submit a revised plat to the Engineering
This process shall continue until the proposed plat is satisfactorya to the
Development Review Committee. Proposed plats processed pursuant to the Short
Form Subdivision Plat Review Process shall not be subject to review by the
Planning and Zoning Commission.
(F) After the Development Review Committee approves the proposed plat, the City
Engineer shall submit the proposed plat, supporting data and a report from the
Development Review Committee, to the City Commission; provided, however,
that prior to submittal to the City Commission, the City Engineer shall have
received the following information from the applicant:
(1) Certification of payment of taxes (Receipt from Orange
County Property Appraiser's office). The applicant must
submit a copy of the proposed plat to the Property
Appraiser's office in order for the tax assessment
information to be completed;
(2) Statement of Prepaid Tax Deposit and Lien Settlement
Requirements. (This form is also obtained and must be
submitted through the Orange County Property Appraiser's
office). The completed form and a receipt evidencing
payment is then submitted to the Engineering Department;
and
(3) Such other information as the City Engineer determines is
necessary to meet the applicable requirements of the Land
Development Code and Florida law; and
(G) All Property owners within 300 feet of the land which is the subject of the
proposed plat must be notified by mail at least seven (7) days prior to the date of
4
consideration of the proposed plat by the City Commission. The notice must
include the date, time and place at which the City Commission will consider the
proposed plat. No other public notice shall be required.
(H) Prior to taldng action on the proposed plat, the City Commission shall can for
comments from the general public; however, a public hearing shall not be
required. Thereafter the City Commission shall approve, approve subject to
conditions, or disapprove the proposed plat. In disapproving any proposed plat,
the City Commission shall provide reasons for such action.
(I) Upon approval of the plat by the City Commission, the City Engineer shall be
responsible for the recording of the signed plat. Approval shall have the same
effect as if approved pursuant to Section 4-4 hereof.
(J) A Final Certificate of Concurrency shall not be required in connection with the
approval of a'proposed plat pursuant to the Short Form Subdivision Plat Review
Process. However, .such approval of a proposed plat shall not create any
exemption from compliance with the requirements of Article IX of this Code.
Approval of a proposed plat pursuant to the Short Form Subdivision Plat Review
Process shall not constitute a development order or permit or other authorization
to commence development under this Code. Unless exempt under Section 9-4(B)
of Article IX of this Code, a Final Certificate of Concurrency shall be required
prior to the issuance of a development order or permit or other authorization to
commence development on a lot platted pursuant to the Short Form Subdivision
Plan Review Process.
SECTION 3. Repeal of Subsection 6-2.A(13) of Article VI of Chapter 180.
Subsection 6-2.A(13) of Article VI of Chapter 180 of the Code of Ordinances of the City of
Ocoee is hereby repealed in its entirety.
SECTION 4. Renumbering of Subsection 6-2.A(14) of Article VT of Chapter
180. Subsectibri 6-2.A(14) of Article VI of Chapter 180 of the Code of Ordinances of the City
of Ocoee is hereby renumbered as Subsection 6-2.A(13) of Article VI of Chapter 180 of the
Code of Ordinances of the City of Ocoee.
SECTION 5. Enactment of a New Subsection 6-8.D of.-article VT of Chapter
130. Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby
amended by the adoption of a new Subsection 6-8.D to read as follows:
D. Street lighting.
(1) Street lighting on both public and private streets shall be installed
by the developer in coordination with Florida Power Corporation and in
accordance with the requirements of this Code. All such street lighting must be
instilled at the developer's expense contemporaneous with the construction of
subdivision road improvements and . prior to issuance of a Certificate of
Completion. All such street lighting shall become operational no later than the
date of issuance of a Certificate of Completion. All utilities shall be installed
underground. The street lighting plan shall comply with all applicable Code
requirements and shall be subject to the approval of the City Engineer prior to
installation.
(2) Public Streets. The following provisions are applicable to street
lighting installed on public streets:
(i) The developer shall be responsible for the installation,
maintenance, repair, replacement and operational costs of street lighting
installed on public streets until the end of the calendar year in which the
City receives written notice from the developer that certificates of
occupancy have been issued for buildings constructed on seventy-five
percent (75%) of the lots in the subdivision which is the subject of the
Certificate of Completion which includes such street lighting. Beginning
with the calendar year following such notice, the City shall be responsible
for the maintenance, repair, replacement and operational costs of such
street lighting, except for specialized street lighting which is subject to a
separate agreement with the City as provided in Subsection 6-8.D(5)
below. The City shall assume responsibility as aforesaid only for standard
street lighting costs on public streets. The written notice from the
developer regarding issuance of certificates of occupancy is subject to
verification by the City for accuracy.
(ii) At the time of the pre-construction conference, the
developer shall (1) advise the City regarding the type of street lighting to
be installed, and (2) based upon the billing estimate received by the City
from Florida Power Corporation with respect to the proposed street
lighting, pre-pay to the City the street lighting costs (including charges
6
related to specialized street lighting, if applicable) for the first year (i.e.,
12 months) for all such street lighting installed on public streets and the
City shall use such funds for the payment of street lighting invoices
received from Florida Power Corporation. Thereafter, the City shall
annually invoice the developer in advance for said street lighting costs
until such time as the City receives written notice from the developer that
certificates of occupancy have been issued for seventy-five percent (75%)
of the lots in the subdivision as set forth above. If such invoice is not
paid when due, then the City shall discontinue the issuance of further
building permits for such subdivision until payment is made. The City
will forward any such future invoices to a homeowner's association upon
receipt of written notice from the developer that the responsibilities for the
payment of such invoice (including charges related to specialized street
lighting, if applicable) has been transferred to such association and
satisfactory evidence, in recordable form, indicating the homeowner's
association has agreed to assume such costs. Currently, the City does not
receive itemized Florida Power Corporation invoices for street lighting
installed on public streets and, therefore invoices to the developer or
association are based on estimated costs. The developer/association shall
not be entitled to a refund for prepaid street lighting costs incurred during
the calendar year in which the City receives written notice from the
developer that certificates of occupancy are issued for seventy-five percent
(75%) of the lots in the subdivision.
(iii) If a developer has installed specia lied street lighting on a
public street, then in such event the developer, the applicable
homeowner's association and the City shall, prior to or at the time of
approval of the first plat, enter into an agreement acceptable to the City
• which provides that commencing at the time the City becomes responsible
for the standard street lighting costs on such public street (as provided for
in Section 6-8.D(2)(i) above) the developer and/or the association shall
reimburse (and shall continue to reimburse) the City for the additional
costs above the standard street lighting costs thereafter incurred by the
City in connection therewith plus an administrative charge equal to ten
percent (10%) of the additional costs. Nothing contained herein shall be
•
construed to prevent the homeowner association from entering into such
agreement during the time it is controlled by the developer.
(iv) Notwithstanding the above provisions during the time the
developer is responsible for the costs of public street lighting, the City
may, at its option, arrange for direct billing by Florida Power Corporation
to a developer/homeowner's association for the costs of public street
lighting and in such event the procedures set forth in Subsections 6-
7
8.D(1)(ii) above regarding payments by the developer to the City shall not
be applicable.
(v) Any annual invoices for payment of public street lighting
shall be due and payable thirty (30) days from the date of such invoice.
Should payment not be received within said time frame, then such
invoices shall bear interest at the rate of eighteen percent (18%) per
annum until paid. If any such invoice remains unpaid for a period of
sixty (60) days, then the City may take any action deemed necessary in
order to collect such unpaid invoice, including but not limited to, the
retaining of the services of a collection agency or attorney, and initiating
legal proceedings for collection thereof. In such event, the City shall be
entitled to receive its reasonable attorney's fees, paralegal fees and other
costs and expenses, whether incurred prior to, during, or subsequent to
court proceedings or on appeal.
(3) Private Streets. The developer shall be responsible for the
instillation, maintenance, repair, replacement and operational costs of street
lighting installed on private streets. The developer shall directly contract with
Florida Power Corporation regarding such street lighting. The obligations of the
developer under this subsection may be transferred to and assumed by the
applicable homeowner's association. The City shall have no responsibility for the
installation, maintenance, repair, replacement and operational costs of street
lighting installed on private streets.
SECTION 6. RepeaI of Subsection 6-8.0 of Article VT of Chapter 180.
Subsection 6-8.0 of Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee
is hereby repealed in its entirety.
SECTION 7. Enactment of a New Subsection 6-8.0 of Article VT of Chapter
180. Article VI of Chapter 180 of the Code of Ordinances of the City of Ocoee is hereby
amended by the adoption of a new Subsection 6-8.0 to read as follows:
C. Other Utilities.
1. Utility lines of all i nds, including but not limited to those of franchised
utilities, electric power, telephone and telegraph, cable television, water,
wastewater, and gas, shall be constructed and installed beneath the surface of the
ground in the street right-of-way and/or a front yard utility easement within new
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residential subdivisions, unless it is determined by the City Engineer that soil,
topographical, or any other compelling conditions make the installation of such
utility lines as prescribed herein unreasonable or impracticable. This subsection
shall not be, construed to requite the conversion of any existing above ground
utility lines.
2. The underground installation of incidental appurtenances, such as
transformer boxes, pedestal-mounted service or terminal lines for electricity,
telephone and telegraph, cable television, or gas service, or similar service
hardware necessary for the provision of electric, telephone and telegraph, cable
television and gas service, shall not be required; provided, however, such
incidental appurtenances may be installed underground at no cost or expense to
the City.
3. If pedestal-mounted service or terminal boxes or similar hardware for
electric, telephone and telegraph, cable television and gas service are installed
aboveground on a residential lot which is less than seventy (70) feet in width
where the lot abuts the street right-of-way line (whether public or private), then
in such event the aforementioned aboveground hardware shall be located within
the side yard utility easement and forward of the front building setback line a
distance of no more than five (5) feet. The proposed subdivision shall include all
necessary easements for the location of such incidental appurtenances in
accordance with the provisions of this subsection. This subsection shall not be
applicable to any residential subdivision which is developed pursuant to a Final
Subdivision PIan approved prior to the effective date of this subsection. Further,
this subsection is not applicable to pad mounted transformers.
4. Belowground installation shall not normally be required for bulk electric
power supply lines and communication major feeder lines:
5. It shall be the developer's responsibility at the developer's expense, to
make the necessary arrangements with each utility in accordance with the utility's
established policies.
6. Nothing in this section shall be construed to prohibit any entity furnishing
utility service within the City of Ocoee from collecting, as a condition precedent
to the installation of service facilities, any fee, prepayment, or contribution to aid
in the cost of construction which may be required.
SECTION 8. Conflicts. All ordinances, resolutions, parts of ordinances or
parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
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SECTION 9. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance 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 hereto.
SECTION 10. Codification. It is the intention of the City Commission of the
City that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "chapter", "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or
relettered and the correction of typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by filing a corrected or
recodified copy of same with the City Clerk.
SECTION 11. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this S — day of L1 Lc.0 , 1995.
APPROVED:
ATTEST: CITY OF OCOFF, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayer //I
(SEAL)
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ADVERTISED June 11 , 1995
AND ADVERTISED June 22 , 1995
READ 1-LRST TLME June 20 , 1995
READ SECOND TIME AND ADOPTED
Luc u s— , 1995,
UNDER AGENDA ITEM NO. V A .
FOR USE AND RELIANCE ONLY BY
CITY OF OCOF.F,, FLORIDA.
APPR_ 3TID AS TO_FORM AND LEGALITY
this day of .JU t , 1995.
FOLEY & LARDNER
By:
&t<Li5/- -dr).
City Attorney
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CAWPI OCCSbC.'OMDC.REv.OR DIME IDEPIC E{:PE.Ai
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April 23, 1999
Dear Friends and Neighbors:
On Tuesday, April 20th, Richard Clubb and I met with Rich Freyser from Florida Power. Also
present at this meeting was Doug Maise from Sanlando Land Co.; the developer of Phase II in
Admiral Pointe.
This meeting was for the sole purpose of resolving the street light issue that has been the concern
of some of the residents in.our community. For those of you who are not aware of this issue, let
me explain. The street lights we have in our community are very expensive, and it has been
suggested by some of our residents that we try to find a solution to the excessive amount of
money being paid from our association dues for these lights.
At the above mentioned meeting, Richard and I tried.!to get Florida Power to lower the cost of the
present street lights, however, due to the fact that they answer to the Public Service Commission,
this was not an option. Because of this, we discussed the possibility of changing our present
lights to another style at a lesser cost to our residents. This option seemed to be the best solution
for us.
The following information will better explain the two options we have to resolve the street light
issue. Attached you will find a picture of the new style which we felt would best enhance our
community in comparison to the present street lights. Also, for your information, is a picture of
our present lights so that you can compare the two styles and specifications.
After you review the street light information and the cost information of the two lights, we ask
that you fill out the attached form and place it in your mailbox on SUNDAY MORNING so
we can pick them up for you. If we come to your home, and we do not find a form in your
mailbox, we will then come to your door and request the form from you at that time. Residents, it
is VERY IMPORTANT that you fill these forms out for us. A decision will be made by Monday
morning in reference to the lights.
If you have any questions, please do not hesitate to call me. My phone number is 654-4843.
Sincerely,
Bea Radic
Chairperson- Transition Committee
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ADMIRAL POINTE
HOMEOWNERS MEETING
MINUTES
4/28/99
AGENDA: Street lights, Meeting rules, Budget and Association dues
Meeting commencement - 7:20 pm
1. Transition committee researched best solution for street lights. Worked
with Florida Power and found light comparable to existing lights in
community.
Homeowners voted and the majority (50 to 6) agreed to change out
existing lights to ones chosen by committee. Change-out/installation to
begin in approx. 9 weeks.. This includes lights, down center median with
two fixtures. Florida Power will not charge for the change-out. A 6 year
lease will be signed.
2. Lights on walls at entrance are not part of lease with Florida Power.
Currently being maintained by Sentry Management.
3. If homeowners find streetlights or wall lights out, or any other
maintenance issues, they can call any member of the committee to
address the problem.
4. New meeting rules were announced to homeowners, which are as follows:
a. Any concern of resident must be,submitted to committee in writing, so
it can be properly addressed.
b. Committee meets first Wednesday of each month, so concern needs
to be submitted on the Monday before.
c. Community meetings are to be scheduled for the last Wednesday of
every 2nd month. .
d. Meetings are to start at 7:30 pm sharp (as opposed to prior time of
7:00)
e. Minutes from prior meetings will always be read.
f. Submissions/concerns from homeowners will always be dispersed to all
transition committee members for review.
R-.
g. Each homeowner is allowed 2 minutes to discuss each of their issues.
Each issue will be discussed for a maximum of 15 minutes. A visual
device (such as a timer) will be used to enforce time limits.
h. Agenda for the meetings will be sent out prior to each homeowner's
meeting.
5. Sonny Roberts confirmed to homeowners that the transition committee
mmbers are not official officers of the Homeowners Association.
Rottlund Homes remains in control of the HOA at this time. However,
Rottlund is working with us to filter more power to homeowners and
transition committee.
6. New community sign was discussed. It will be a double-sided plexiglass
faced sign with large letters. Rottlund homes is paying for the sign. It
will be placed at community exit on the right hand side.
7. Steve McHaney is still working on creating an Admiral Pointe web page.
20 homeowners responded that they have email addresses and access to
internet.
7. Transition committee requested and received a 1999 budget put together
by Rottlund and Sentry. Within the next 90 - 120 days, transition
committee will investigate the budget and report to homeowners use of
dues.
8. Jeff Moore, President of Rottlund Homes, was made aware of landscape
and irrigation issues throughout the common areas of the community.
to remedy the situation, Jeff Moore told transition committee that lock
boxes will be put on irrigation timers, vacant lots will be cleaned
and mowed, and ponds will be maintained.
9. Bea Radic discussed a Crime Watch opportunity for the community. Bea
has agreed to set up a crime watch meeting with a police officer.
Homeowners will be given a 2 week notice prior to this meeting.
10. Miscellaneous flyers and notes placed on cars was discussed. Bea Radic
has askedthat no homeowner place flyers/notes on cars without first
discussing the issue with herself and/or the transition committee.
11. Signs releasing homeowners of liability at boat ramp area were discussed.
Transition committee to investigate signs and necessary verbage.
Meeting adjourned - 8:45 pm