HomeMy WebLinkAbout07-16-2019 Supporting Documents iwtv_,
CITY OF OCOEE
• /` 150 N. Lakeshore Drive
Ocoee, Florida 34761
407-905-3100
SPEAKING RESERVATION FORM
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I want to address the Board about: i'10. t r k p r ,V (`i bu,&. ' ti
Do you have a prepared statement, or other document(s)from whish you will address the Board?
No Yes t/ if yes, please attach copy of same to this Reservation Form.
All proceedings before the Commission shall be governed by the Civility Code — see back
The following time limits to speak are in effect:
Public Hearings: petitioner presentation - 15 minutes; citizen comments - 5 minutes per speaker;
petitioner rebuttal - 5 minutes.
Open to Public— Citizens Comments - 3 minutes per speaker, per meeting.
CITY OF OCOEE CIVILITY CODE - adopted July 1, 2003.
Pursuant to Resolution No. 2003-16 adopted on July 1, 2003, the following Civility Code shall govern all
proceedings before the City of Ocoee City Commission and Boards:
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1. All electronic devices, including cell phones and pagers, shall be either turned off or otherwise silenced.
2. Prolonged conversations shall be conducted outside Commission Chambers.
3. Clapping, whistling, heckling, gesturing, loud conversations, or other disruptive behavior is prohibited.
4. Only those individuals who have submitted speaker forms and who have been recognized by the Mayor
(or Chair) may address comments to the Commission (or Board).
5. Comments at public hearings shall be limited to the subject being considered by the Commission.
6. Comments at Citizens Comments shall be directed to City issues.
7. All public comments shall avoid personal attacks, abusive language and redundancy.
8. No person attending a Commission or Board meeting is to harass, annoy or otherwise disturb any other
person in the room.
Any member of the public whose behavior is disruptive and violates the City of Ocoee Civility Code is subject to
removal hop, thr= ro+' mission (or Board meetino by an officer and such other action as may be appropriate.
Dear Mayor and Commissioner's,
I would like to ask the City of Ocoee and the commission to please consider naming a park or city
building after former Mayor Scott Vandergrift or as he was better known....Mayor Scott.
My father the Mayor gave the city of Ocoee everything he had to give. In fact, he retired early because
he knew he was sick and could not give as he had and could not, would not take a pay check if he could
not perform his duties as mayor. He was the mayor for 25 years and he deserves to be remembered for
his dedication to the city he loved. I feel the citizens of the city would feel the same.You have set a
precedent with re-naming a park on Russell Drive for Frank Turner, Bill Breeze Park for former Mayor Bill
Breeze,Tom Ison Veterans Center after former Mayor Tom Ison,Tiger Minor Park after former Mayor
John "Tiger" Minor,the Vignetti Center after former Mayor John Vignetti and Jim Beech Recreation
Center after former Recreation Director Jim Beech.
On behalf of my family and the citizens of Ocoee, please consider my request.
Donna Vandergrift Deitrick
THIS I NSTRUM ENT PREPARED BY
AND SHOULD BE RETURNED TO:
Christopher J. Wilson, Esq.
MARCHENA AND GRAHAM, P.A.
976 Lake Baldwin Lae, Suite 101
Orlando, FL 32814
(407)658-8566
For Recording Purposes Only
FOURTH AM ENDM ENT TO
DECLARATION OF CONDITIONS OF APPROVAL
(OCOEE CROWN POINT PUD)
THIS FOURTH AMENDMENT TO DECLARATION OF CONDITIONS OF
APPROVAL (this " Fourth Amendment") is male this day of , 2019 by the
CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as
the "City") and THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body
corporate existing under the Constitution and laws of the State of Florida, whose mailing
address is 445 Amelia Strep, Orlando, Florida 32801 (the"School Board").
WITNESSETH:
WHEREAS, the City and the School Board entered into that certain Ded aati on of
Conditions of Approval (Ocoee Crown Point PUD) dated September 16, 2003 and recorded
September 30, 2003 in Off i d d Records Book 7127, Page 4804, as amended by that certain
First Amendment thereto dated September 9, 2005 and recorded in Offi d d Records Book
8215, Page 4805, as further amended by the certain Second Amendment thereto dated August
17, 2004 and recorded in Official Records Book 8215, Page 4825, all of the Public Records of
Orange County, Florida, and as further amended by the certain Third Amendment thereto
dated July 1, 2014 and recorded in Official Records Book , Page , dl of the
Public Records of Orange County, Florida(the"Ded aati on" ); and
WHEREAS, the City and the School Board own all of the red property which is
subject to the amendment in this Fourth Amendment; and .
WHEREAS, the School Board desires to change the use on Tract 13 from Bus
Depot/Townhome to Workforce Education/Townhome; and
WHEREAS, the School Boa-d desires to change the use on Tract 7A and Tract 7B from
Workforce Education to Workforce Education Townhome; and
4837-6488-6286.2 DRAFT 12/6/2011
WHEREAS, to accommodate the change from Bus Depot, an industrial/commerce al
use to en educational use, the School Board and City desire to revise and update the Conditions
of Approval; and
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the pati es hereto agree as fol l ows.
Section 1. Recitals The above recitals ae true and correct and incorporated herein
by this reference.
Section 2. Definitions All capitalized terms used herein shall be as defined in the
Declaration unless otherwise indicated or defined in this Amendment.
Section 3. Revised Conditions of Approval. The following sections of the Revised
Conditions of Approval ae hereby deleted and replaced as revised conditions of approval:
2. With the exception of Tract 4, Tract 5, Tract 6, Tract 6A, Tract 6G,
Tract 7A, Tract 7B, Tract 13 and Tract 41 if developed as a Workforce
Education, unless specifically waved by the Ocoee City Commission, ail
development within the Ocoee Crown Point PUD must adhere to the
Ocoee Crown Point PUD Development Standards prepared by Carlin
Associates dated September 2002, as the sane may be amended from
time to time (the "Ocoee Crown Point PUD Development Standads");
provided, however, that the Ocoee Crown Point PUD Development
Standards will be applicable to such tracts only if such tracts ae no
longer owned by The School Boa-d of Orange County (the "School
Board"). The Ocoee Crown Point PUD Development Standads provide
additional and often more stringent criteria for development within the
Ocoee Crown Point PUD. Tract 4, Tract 5, Tract 6, Tract 6A, Tract 6G,
Tract 7A, Tract 7B, Tract 13 and Tract 41 if developed as a school or
Workforce Education ae not subject to the Ocoee Crown Point PUD
Development Standads but shal I, to the greatest extent possible, be
compatible therewith. In the event Tract 13 is developed as townhomes,
such development shall be subject to the residential development sections
of the Ocoee Crown Point PUD Development Standads.
Notwithstanding the foregoing, the City, or its assigns, as developer of
the PUD may grant wavers from, amend or modify the Ocoee Crown
Point PUD Development Standads to the extent such wavers,
amendments or modifications ae not expressly inconsistent with the
Land Use Plan and the Land Development Code. Any such waiver,
amendment or modification shat I not require the approval of the City in
its governmental capacity.
***
4. The uses permitted in the Workforce Education/Townhomes portion of
the PUD (Tract 7A, 7B and 13) shall be limited to Workforce Education
and townhome uses.
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***
7. The uses permitted in the Workforce Education portions of the PUD
(Tracts 6A, 6B, 6G, 7A, 7B, 13 and 41) shall be limited to use as
Workforce Education and related uses under the control of the School
Board or other educational institution. For purposc hereof, "Workforce
Education" uses shall mean uses related to post-secondary education and
may i nd ude the provision of services to the public performed by students
enrolled in such programs.
8. Workforce Education Tracts 6A, 6B, 6G, 7A, 7B, 13 and 41 consist of
a total of 1,616,947.2 square feet. Tracts 6A, 6B, and 6G are
conceptual I y located on the Laid Use PI an and may be moved or
combined into one or more buildings within any Tracts other than Tract
4, owned or to be owned by the School Board.
***
11. The Ocoee Crown Point PUD Laid Use PI an i nd udes public buildings
on various parcels within the development. Artide 5, Section 5-7(B) of
the Laid Development Code indicates that the City Commission may
authorize the I ocati on of such uSC3 after public notice and heari ngs. The
public notice and heal ngs provided for the Ocoee Crown Point PU D
Laid Use Hen and Preliminary Subdivision Rai shall also serve as the
required public notice and hearings for the proposed public buildings
within this development. Approval of the Laid Use Plan shall constitute
the City's approval of the following public buildings and their associated
uses:
Tracts 3 and 3A — Public parks with ball fields, concession stands,
restroom facilities, picnic facilities, playgrounds, public parking areas
and other associated uses.
Tract 4—Public Elementary School with all associated uses.
Tract 5— Public High School with all associated uGC3.
Tracts 6A, 6B, 6G, 7A, 7B, 13 and 41 —Workforce Education facilities
as defined in this PUD Laid Use Plan. These tracts may also be used
for townhome development, according to the Conditions of Approval.
Tract 8—Fire Station with associated use.
Tract 11 — Public Safety administrative and trailing facilities with
assod ated uses.
***
35. 31 Decorative fountai ns shall be provided on Ponds 8 and on Tract 6F.
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***
56. 52. Tracts 7A and 7B may be developed simultaneously with Tract 13.
***
64. 60:- Except for Tract 4, Tract 5, Tract 6A, Tract 6B, Tract 6G, Tract
7A, Tract 7B, Tract 13 and Tract 41 if developed as a Workforce
Education, a tree survey will be provided with the Preliminary
Subdivision PI an submitted for each phase of development, according to
the Laid Development Code requirements.
***
66. 62. Except for Tract 4, Tract 5, Tract 6A, Tract 6B, Tract 6G, Tract
7A, Tract 7B, Tract 13 and Tract 41 if developed as Workforce
Education, no person shat I undertake I and d eari ng 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 fa led to take reasonable measures to
preserve sped men and historic trees.
***
68. 64: Pursuant to Section 1013.33(11), Florida Statutes, the City advises
the School Board that Tract Nos. 4, 5, 6A, 6B, 6G, 7A, 7B, 13 and 41,
which are intended to be developed as an elementary school site, high
school site and Workforce Education, respectively, are consistent with
the laid use categories and pol i d es of the City of Ocoee Comprehensive
PI an.
***
70. 66: As a courtesy the School Board will submit to the City a proposed
site plan for Tracts 4, 5, 6A, 6B, 6G, 7A, 7B, 13 and 41 prior to
development thereof for comments from the City to better coordinate the
overall development. The foregoing courtesy review shall not constitute
the approval of the Ocoee Crown Point PUD contemplated by Section
1013.33(12), Florida Statutes.
71. INTENTIONALLY DELETED.
***
74. INTENTIONALLY DELETED.
75. 74, In the event Tract 7A, Tract 7B or Tract 13 is developed for
townhomes, the deed for the conveyance of each townhome unit shall
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4837-6488-6286,2
contain a restriction requiring that the garages must be used for parking
cars and the parking will be prohibited on the public or private streets
within the townhouse area, except in designated parking spaces.
76. 72 In the event Tract 7A, Tract 7B or Tract 13 is developed for
townhomes, the deed for the conveyance of each townhome unit shall
contain a restriction indicating that if trash cans are used at individual
units, they should be stored in the garage, but if they are stored outside
the garage, they will be screened from view with a decorative fence
and/or I andscapi ng.
77. 73, In the event Tract 7A, Tract 7B or Tract 13 is developed for
townhomes, short-term rentals (rentals less than 6 months) shall be
prohibited. This restriction shat I be incorporated into the joint HOA
documents and shell also be enforceable by the City.
78. 74. The subdivision infrastructure for Tract 13 (Workforce
Educati on/Townhomes) will be sized for the pri may use of townhomes,
which requires higher service levels than the Workforce Education.
79. 75: In the event Tract 7A, Tract 7B or Tract 13 is developed for
townhomes, Tract 13 shall be developed consistent with all provisions of
the Ocoee Laid Development Code relating to townhomes in affect at the
time of development. Nothing herein shat I be construed as granting any
subdivision or site plan approval for Tract 7A, Tract 7B and Tract 13.
80. 76. Except as otherwise agreed to by the City and School Board, the
School Board is not contributing toward the costs of the master project
infrastructure, induding roads, utilities and the master stormwater
system within the PUD and for bringing of infrastructure improvements
up to the PUD. Notwithstanding the foregoing, in the event Tracts 12,
12A, 12B, 13 and 41 are developed or utilized for any purpose other
than as a Workforce Education and associated purposes related thereto,
then: (a) the developer of Tract 13 shall be solely responsible for the
construction of the segment of Ocoee Parkway (induding associated
stormwater ponds, utilities, intersection improvements, turn laies and
sidewalks) within Tracts 12C, 35 and 16B from Fuller's Cross Road to
the southern boundary line extended of Tract 4 and to the extent the City
or others install dl or some of the above-referenced infrastructure the
City shall notify the owner of Tract 13 of its intent to install such
infrastructure prior to commencing such work and the developer shall
reimburse 100% of the costs and expenses incurred within sixty (60)
days of receipt of a written demand for such reimbursement accompanied
by documentation with respect to the expense for which reimbursement
is sought; and (b) no building permits or Certificates of Occupancy shat I
be issued by the City for Tracts 12, 12A, 12B, 13 or 41 until such time
as the City issues a Certificate of Completion for such infrastructure and,
if appl i cabl e, receives the foregoing reimbursement. The foregoing
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4837-6488-6286.2
condition is a material inducement to the City to al I ow Tract 13 to be
developed or utilized for purposes other than as a Workforce Education
and the City would not ai l ow such in the absence of this condition which
is intended to al l ocate to Tracts 12, 12A, 12B, 13 and 41 an equitable
portion of the master project infrastructure costs which ere otherwise
being borne by the City or others.
***
82. If Tract 13 is developed as a Workforce Education, at a minimum
there shall be a landscape buffer of 15' between the Workforce
Education use and both the West Orange Trail and Ocoee Parkway. The
landscape buffer shat I contain a berm and the property l i ne between
Tract 13 and the West Orange Trail shall be fenced with a black fence
with black posts and rails, and a creeping vine plaited along the fence.
The above additional condition of approval is intended to be supplemental to the Conditions of
Approval set forth in the Laid Use Plan.
Section 4. Ratification; Conflicts Except as modified by this Fourth Amendment, the
parties hereby ratify and confirm the continued validity and viability of dl terms, conditions
and obligations set forth in the D ed aati on. In the event of any conflict or inconsistency
between the terms of the Declaration, as amended by the first, second and third amendment
thereto, and this Fourth Amendment, the terms of this Fourth Amendment shall be construed
to control and prevai l. In the event of any conflict or inconsistency between the Laid Use Plan
and this Fourth Amendment, the terms of this Fourth Amendment shall be construed to control
and prevai I.
Section 5. Recordation of Amendment. The parties hereto agree that an executed
original of this Fourth Amendment shall be recorded by the City in the Public Records of
Orange County, Florida
Section 6. Counterparts This Fourth Amendment may be executed in any number of
counterparts, each of which shat I be deemed to be an original but all of which together shall
constitute one and the sane instrument.
N WITNESS WHEREOF, the City and the School Boa-d, acting by and through their
duly authorized officers, have caused this Fourth Amendment to be executed as of the day and
yea first above written.
Signed, Sealed and Delivered
in the Presence of: CITY OF OCOEE, FLORIDA
By:
Print Name: Print Name:
Title:
Date:
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Print Name:
ATTEST:
, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COM M I SSI ON AT A MEETING
APPROVED AS TO FORM AND HELD ON , 2019
LEGALITY this day of UNDER AGENDA ITEM NO.
, 2019.
By:
City Attorney
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4837-6488-6286.2
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
and , personal I y known to me to be
the and City Clerk, respectively, of the CITY OF OCOEE and that
they several I y acknowledged executing the sane in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in them by said municipality. They are
personal I y known to me.
WITNESS my hand and off i a al seal in the County and State last aforesaid this
day of , 2019.
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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4837-6488-6286.2
Signed, Sealed and Delivered THE SCHOOL BOARD OF ORANGE
in the Presence of: COUNTY, FLORIDA, a body corporate existing
under the Constitution and laws of the State of
Florida
Print Name:
By:
Teresa Jacobs
Print Name: Chairman
Date:
APPROVED AS TO FORM AND
L EGA L I TY on the day of Attest:
, 2019 Ba-baa M. Jenkins, Superintendent
For the use and rel i ance of The School
Board of Orange County, Florida
MARCHENA AND GRAHAM, P.A.
Counsel
By:
M archena and Graham, P.A.
STATE OF FLORIDA )
COUNTY OF ORANGE )
The foregoing instrument was acknowledge before me this day of ,
2019, by TERESA JACOBS, and attested to by BARBARA M. JENKINS on behalf of THE
SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate existing under
the Constitution and laws of the State of Florida, who ❑ are personal I y known to me, or who
❑ produced as identification.
Notary Public
My commission expires:
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