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HomeMy WebLinkAboutVI (A2a) Second Reading of Ordinance: Development Agreement Agenda 3-4-2003 Item VI A 2a FOLEY : LARDN ER ATTORNEYS AT LAW III NORTH ORANGE AVENUE,SUITE 1800 ORIANDO,FLORIDA 32801-2386 P.O.BOX 2193 ORLANDO,FLORIDA 32802-2193 TELEPHONE:407.4237656 FACSIMILE:407.648.1743 W W W.FOLEYLARDNER COM MEMORANDUM CLIENT-MATTER NUMBER 0203]]d51B TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Scott A. Cookson, Esq., Assistant City Attorney DATE: February 26, 2003 RE: Church of the Nazarene Development Agreement (Project No. LS-99-015) ISSUE: Whether the City Commission should approve the proposed Development Agreement. DISCUSSION: The owners of approximately 4.61 acres of property located east of Clarke Road between White Road and Silver Star Road ("Property") have 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 by reference and includes the Conditions of Approval and Waiver in Exhibits "B" and "C", respectively. The Development Agreement will be binding on the current owners 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. FOLEY&LARDNER 006.287244. INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A.Cookson,Esq. FOLEY&LARDNER Ill North Orange Avenue,Suite 1800 Post Office Box 2193 For Recording Purposes Only Orlando,FL 32802-2193 (407)423-7656 RETURN TO: lean Grafton,City Clerk CITY OF OCOEE I50 N.Lakeshore Drive Ocoee,FL 34761 (407)905-3100 DEVELOPMENT AGREEMENT (OCOEE CHURCH OF THE NAZARENE) THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into as of the day of by and between FIRST CHURCH OF THE NAZARENE OF OCOEE,FLORIDA,INCORPORATED, whose mailing address is 1209 Center Street, Ocoee, Florida 34761 (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, 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 March 4, 2003 the Ocoee City Commission approved Ordinance No. 2003-10 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. 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: 006 273209. 1 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 for Ocoee Church of the Nazarene prepared by Facilities and Environmental Consultants, Inc., date stamped as received by the City on February 6, 2003, (hereinafter 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. 2003-10 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. Section 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. 006.273209. -2- 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 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. 006.273209. -3- 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. OWNER: Signed, sealed and delivered in the FIRST CHURCH OF THE NAZARENE presence of OF OCOEE,FLORIDA, 'n1n ,� INCORPORATED l T"I By: Print Namey ank YK- 1-kQtl Nam'. �� 'a argil Its: f• Print Name Cit reliyrl s f7/G•tLa mie✓ -4- 006.93209. 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 , who [ ] is personally known to me or [ I produced as identification, and that 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 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- 006.2]3209. CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE,FLORIDA By: Print Name: S. Scott Vandergrift, Mayor 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 MEETING HELD ON Approved as to form and legality this UNDER AGENDA ITEM day of NO. FOLEY & LARDNER By: City Attorney 006 273209. 6 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 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): 006.273209. 7 EXHIBIT "A" THE PROPERTY THE SOUTH 1/2 OF THE NORTH 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE CITY OF OCOEE: A STRIP OF LAND BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SECTION 16,TOWNSHIP 22 SOUTH, RANGE 28 EAST,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 21,TOWNSHIP 22 SOUTH, RANGE 28 EAST,FOR A POINT OF REFERENCE; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21, RUN NORTH 89°50'17"EAST, 1632.88 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00°11'19"WEST 1250.07 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°43'09", AN ARC LENGTH OF 903.62 FEET, A CHORD LENGTH OF 883.79 FEET AND A CHORD BEARING OF NORTH 20°40'16" EAST TO THE POINT OF TANGENCY; THENCE RUN NORTH 41°31'50"EAST, 591.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY, ALONG SAID CURVE HAVING A RADIUS LENGTH OF 1241.00 FEET, A CENTRAL ANGLE OF 41°20'59"AND ARC LENGTH OF 895.61 FEET, A CHORD LENGTH OF 876.30 FEET AND A CHORD BEARING OF NORTH 20°51'20"EAST TO THE POINT OF TANGENCY;THENCE RUN NORTH 00°10'51"EAST, 2619.82 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THE AFORESAID SOUTH 1/2;THENCE ALONG THE WEST LINE OF SAID SOUTH 1/2 CONTINUE NORTH 00°10'51"EAST 333.01 FEET TO THE NORTHWEST CORNER OF SAID SOUTH 1/2; THENCE ALONG THE NORTH LINE OF SAID SOUTH 1/2, RUN NORTH 89°4l'22"EAST, 50.00 FEET; THENCE RUN SOUTH 00°10'51"WEST 101.96 FEET; THENCE RUN SOUTH 89°49'09"EAST, 17.00 FEET; THENCE RUN SOUTH 00°10'51"WEST 20.00 FEET; THENCE RUN NORTH 89°49'09"WEST 17.00 FEET; THENCE RUN SOUTH 00°10'51"WEST, 211.06 FEET TO THE SOUTH LINE OF THE SAID SOUTH 1/2; THENCE ALONG SAID SOUTH LINE, RUN SOUTH 89°41'49"WEST 50.00 FEET TO THE POINT OF BEGINNING. A-1 006.273209. EXHIBIT `B" CONDITIONS OF APPROVAL A. PRIOR TO APPROVAL OF THE FINAL SIZE PLAN FOR THE PROJECT, OR ANY PORTION THEREOF,THE APPLICANT/OWNER WILL NEED TO APPLY FOR AND OBTAIN A FINAL CERTIFICATE OF CONCURRENCY PURSUANT TO ARTICLE IX OF THE OCOEE LAND DEVELOPMENT CODE. NEITHER THE REVIEW OF THE APPLICATION/PROJECT BY THE CITY NOR THE GRANTING OF ANY APPROVALS IN CONNECTION WITH SUCH REVIEW SHALL BE CONSTRUED TO GRANT THE APPLICANT/OWNER ANY ENTITLEMENT TO OBTAIN A FINAL CERTIFICATE OF CONCURRENCY WITH RESPECT TO ALL OR ANY PORTION OF THE PROJECT OR TO CREATE ANY EXCEPTION FROM THE PROVISIONS OF ARTICLE IX OF THE OCOEE LAND DEVELOPMENT CODE. B. THIS PUD LAND USE PLAN APPROVAL IS INTENDED TO ESTABLISH A MASTER PLAN FOR THE DEVELOPMENT OF ALL PROPERTY OWNED BY THE OCOEE CHURCH OF THE NAZARENE AT THIS LOCATION. ANY DEVELOPMENT ON THIS PROPERTY MUST BE SUBSTANTIALLY CONSISTENT WITH THE PUD LAND USE PLAN. IF THERE IS ANY QUESTION AS TO WHETHER A PROPOSED SITE PLAN IS CONSISTENT WITH THE APPROVED PUD LAND USE PLAN,THE COMMUNITY DEVELOPMENT DIRECTOR IS AUTHORIZED TO MAKE A DETERMINATION AS TO ITS CONSISTENCY. C. APPROVAL OF THIS PUD LAND USE PLAN DOES NOT AUTHORIZE THE COMMENCEMENT OF DEVELOPMENT. PRIOR TO ISSUANCE OF A BUILDING PERMIT. IT WILL BE NECESSARY TO OBTAIN SITE PLAN APPROVAL PURSUANT TO THE PROVISIONS OF ARTICLE IV OF THE LAND DEVELOPMENT CODE. FURTHER, COMPLIANCE WITH ALL OTHER APPLICABLE PROVISIONS OF THE LAND DEVELOPMENT CODE SHALL BE REQUIRED, EXCEPT AS PROVIDED IN THIS PUD LAND USE PLAN. D. THE PUD LAND USE PLAN APPROVAL FOR A CHURCH WITH ITS RELIGIOUS ACTIVITIES AND ASSOCIATED BUILDINGS SHALL BE APPLICABLE ONLY TO THE OCOEE CHURCH OF THE NAZARENE AND IS NOT TRANSFERABLE TO ANY OTHER OWNER WITHOUT A PUBLIC HEARING AND APPROVAL OF THE CITY COMMISSION. E. ALL BFP ASSEMBLIES, ABOVE-GROUND IRRIGATION PIPES, ELECTRICAL EQUIPMENT AND OTHER SIMILAR EQUIPMENT ON THE GROUND SHALL BE PAINTED BLACK AND SCREENED FROM VIEW WITH LANDSCAPING. AIR CONDITIONING EQUIPMENT DOES NOT NEED TO BE PAINTED DARK GREEN OR B-1 006.273209. BLACK, BUT IT DOES NEED TO BE SCREENED WITH LANDSCAPING, OR A MASONRY WALL IF IT IS TALLER THAN 42 INCHES. F. IDENTIFICATION SIGNAGE ON CLARKE ROAD WILL BE A MONUMENT SIGN NO MORE THAN 12 FEET TALL AND THE FACE OF THE SIGN WILL BE NO MORE THAN 36 SQUARE FEET PER SIDE. IF THERE WILL BE ANY WALL SIGNAGE IDENTIFYING THE CHURCH,IT WILL BE NO MORE THAN 36 SQUARE FEET TOTAL, WITH LETTERING NO MORE THAN 3 FEET TALL. G. ALL DEVELOPMENT WILL BE PHASED IN SUCH A WAY AS TO ENSURE THAT EACH PHASE IS SELF SUPPORTING OR SUPPORTED BY A PREVIOUS PHASE. H. ALL UNPAVED PARKING AREAS WILL BE STABILI7FD AND THE ROWS OF PARKING WILL BE PHYSICALLY DELINEATED ON THE SITE WITH LANDSCAPING AND WHEEL STOPS. I. SITE LIGHTING FOR THE GROUNDS AND PARKING AREAS WILL BE DIRECTED INTO THE SITE, AWAY FROM ADJACENT RESIDENTIAL AREAS. ALL SITE LIGHTING WILL COMPLY WITH THE LIGHTING STANDARDS ADOPTED BY ORDINANCE NO. 99-23 AND ALL SUBSEQUENT AMENDMENTS THERETO FOR DEVELOPMENT OF THIS PROJECT SITE. THE LIGHTING STANDARDS FOR OFFICE USES SHOULD BE USED. L ALL RETENTION PONDS WILL BE UNFENCED WITH SIDE SLOPES NOT TO EXCEED 5:1 SLOPE. ANY SLOPES REQUIRED TO BRING THE PROPOSED GRADE BACK TO NATURAL GRADE WILL NOT EXCEED A 5:1 SLOPE. K. ALL ROOF—MOUNTED EQUIPMENT SHALL BE SCREENED FROM VIEW IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, SECTION 6-10(1)(7)(e). L 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. M. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE. N. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND RESTRICTIONS OF THE FLORIDA STATUTES CHAPTER 163 MORATORIA ON THE B-2 006.273209. 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 CONSIDERED AS SUCH AN EXEMPTION. 0. THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE PLANS. P. STORMWATER MANAGEMENT SHALL BE PROVIDED CONSISTENT WITH THE REQUIREMENTS OF THE OCOEE LAND DEVELOPMENT CODE AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. Q. A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND PAVED AREAS SHALL BE GRANTED IN FAVOR OF THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, FIRE, AND OTHER EMERGENCY SERVICES. R. ALL LEGAL INSTRUMENTS,INCLUDING BUT NOT LIMITED TO THE DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS, ASSOCIATION DOCUMENTS, AND DEEDS CONVEYING PROPERTY TO A HOMEOWNER'S ASSOCIATION OR PROPERTY OWNER'S ASSOCIATION, SHALL BE APPROVED BY THE CITY PRIOR TO PLAT APPROVAL. S. ANY DAMAGE CAUSED TO ANY PUBLIC ROAD AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THIS PROJECT, SHALL BE PROMPTLY REPAIRED BY THE DEVELOPER TO THE APPLICABLE GOVERNMENT STANDARDS AT DEVELOPER'S SOLE COST AND EXPENSE. T. TO THE EXTENT ANY PUBLIC LIFT STATIONS ARE REQUIRED ON THE PROPERTY THEY WILL BE CONVEYED TO THE CITY AT THE TIME OF PLATTING. ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK, VINYL CHAIN-LINK FENCE,WITH POSTS AND RAILS PAINTED BLACK, AND SHALL BE SET BACK NO LESS THAN 25 FEET FROM ANY STREET. SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH HEDGE-TYPE SHRUBBERY, SUCH AS VIBURNUM OR LIGUSTRUM. U. THE PROPERTY SHALL REMAIN UNDER SINGLE OWNERSHIP AND MAY NOT BE SUBDIVIDED UNLESS THE OWNER OBTAINS APPROVAL OF A FINAL SUBDIVISION PLAN AND PLATS THE PROPERTY. V. A SUMMARY TRAFFIC ANALYSIS SHALL BE CONDUCTED IN CONJUNCTION WITH PREPARATION THE PRELIMINARY SITE PLAN. IF WARRANTED BY THE RESULTS OF THE TRAFFIC ANALYSIS, OFF-SITE IMPROVEMENTS SUCH AS TURN LANES ON CLARKE ROAD MAY BE REQUIRED. B-3 006 273209. EXHIBIT "C" WAIVERS CODE SECTION WAIVER NO CITATION CODE STANDARD PROPOSED STANDARD JUSTIFICATION Article IV, Building setbacks Building setbacks from The southern side of Section 4-5, from the side and the rear property line the property is M. (3) rear property lines shall be at least 50 since bounded by a retention shall be at least 25 it is adjacent to a pond and will not be feet; however, where residential use. Building used for residential adjacent to a setback from the southern properties. residential use a side property line, Additionally, in order minimum 50 foot adjacent to residential use to provide for more setback shall be and existing retention open landscaped space provided. pond, shall be at least 25 in the interior portions feet. of the site, it is advantageous to restrict the southern building setback line to a maximum of 25 feet. C 1 006.273209.