HomeMy WebLinkAboutVI(B 1-3) Second Reading of Ordinance Prairie Lake PUD Land Use Amendment, PSP Amendment and Amendment to Development Agreement •
Agenda 12-16-2003
Center of Good LIG Item VI B 1,2,3
S1�e - I1j� Commissioners
Mayor '" Danny Howell. District 1
S. Scott Vandergrift (au 4h�•` ' ` •
OCOR -7Scott Anderson. District 2
Rusty Johnson. District
City Manager
Jim GleasonNancy J. Parker. District 4
z.
STAFF REPORT
DATE: November 24, 2003
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis, AICP, Planning Manager
THROUGH: Russ Wagner,
AICP, Community Development Director VI/
SUBJECT: Prairie Lake PUD— Project#LS-02-003
1) Land Use Plan Amendment—Ordinance#2003-62
2) Prairie Lake Reserve, Preliminary Subdivision Plan
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance# 2003-62, approving a proposed
amendment to the Prairie Lake PUD Land Use Plan and approve the proposed Prairie Lake
Reserve Preliminary Subdivision Plan? Prairie Lake Reserve is a townhome development with
a total of 169 units.
BACKGROUND:
The Prairie Lake PUD, is located on the both sides of Clarke Road, between AD Mims Road
and Hackney Prairie Road. It includes tracts for commercial development and tracts for
multifamily development at varying densities, as well as a Fire Station. The Prairie Lake
Reserve Preliminary Subdivision Plan includes Tract 'D' of the Prairie Lake PUD (18.36
acres), as well as an additional adjacent tract of land (20.69 acres). The Prairie Lake PUD Land
Use Plan is being amended to include the additional 20.69 acre tract, so the entire Prairie Lake
Reserve subdivision will be part communityof the PUD. ThePwith fee simple own ship orairie Lake Reserve atheton units.ill be
developed as a private, gated townhome
The Prairie Lake Reserve property has frontage on the east side of Clarke Road and along Ron
Strosnider Avenue, which intersects with Clarke Road on the south side of the Fire Station.
Prairie Lake is on the property's northern boundary and AD Mims Road with the
atadjacent
act s
railroad tracks are located along its southern boundary. The adjacent property t
currently undeveloped and has not been annexed into the City. Tract `D' of the Prairie Lake
PUD (18.36 acres)has a High Density Residential akePUDture Land Use and the adjacent designation.
to the easttbot
onal
20.69 acre tract being added to the
have a Low Density Residential Future Land Use designation.
City of Ocoee• 150 N Lakeshore Drive• Ocoee.Florida 34761
phone: ( 107)905-3100• fax:(407)656-8504• www.ci.ocoee.fLUS
•
November 24,2003
Honorable Mayor and City Commissioners
Page 2
DISCUSSION:
Prairie Lake PUD Land Use Plan Amendment:
As indicated above, the proposed amendment to the Prairie Lake PUD Land Use Plan will add
an additional 20.69 acre adjacent tract of land to the PUD. The current Land Use Plan for the
Prairie Lake PUD has only one large plan sheet. With this amendment, some minor changes
will be made on that plan sheet, and a second plan sheet will be added to the Land Use Plan
(see attached Revised Prairie Lake PUD Land Use Plan). The second plan sheet includes
more detailed information about the additional 20.69 acre tract (identified as Tract 'K'), and
some Additional Conditions of Approval related to Tracts 'D' and `K'.
Since it is part of the original Prairie Lake PUD, Tract 'D' is vested from concurrency issues.
However, since it was not part of the original Prairie Lake PUD, Tract 'K' is not vested from
concurrency issues.
The Prairie Lake PUD allows multifamily or townhome units to be built on Tract 'D'_ This
amendment will also allow multifamily or townhome units to be built on Tract 'K'. However,
since Tract 'K' still has a Low Density Residential Future Land Use designation, the net density
of the townhomes that will be built on Tract'K' must be no more than 4 dwelling units per acre.
Prairie Lake Reserve Preliminary Subdivision Plan:
As indicated above, the Prairie Lake Reserve subdivision is a townhome development with a
total of 169 units and is intended to be a gated community (see attached Prairie Lake Reserve
PSP). Therefore, there will be a single entrance to the subdivision from Ron Strosnider Avenue.
There will also be a crash gate for emergency access only located just behind the Fire Station.
Ron Strosnider Avenue will be extended along the eastern edge of the adjacent commercial
tract beyond the subdivision entrance, and then along the southern boundary of the subdivision
adjacent to the railroad tracks (along AD Mims Road)all the way to the eastern boundary of the
property. This road extension is necessary to maintain access to the adjacent undeveloped
property to the east, but it will not be constructed with the Prairie Lake Reserve subdivision.
Recreation facilities for the residents, including the required meeting room space, will be
provided within the project itself. The subdivision plan shows only storm water retention ponds
located along Clarke Road. The buffer between the retention ponds and Clarke Road will
include several existing trees that will be preserved, supplemented by new trees and shrubs.
There will not be a wall or a fence within that buffer. A 6' decorative metal fence with brick
columns and landscaping will be provided along Ron Strosnider Avenue, along the entire
frontage of the subdivision. The buffer landscaping, as well as the landscaping in the common
areas within the subdivision, will meet the City's recently upgraded landscaping provisions
related to size and amount of plant materials for multi-family developments.
The layout and density within the western portion of the subdivision (Tract 'D' of the PUD) will
be similar to the nearby Wentworth townhome development currently under construction.
However, the eastern portion of the subdivision (Tract 'K' of the PUD) has a Low Density
Residential Future Land Use designation as already mentioned, and there are wetlands located
adjacent to the lake. These constraints result in a lower density (just less than 4 du/ac) with
slightly larger units in the eastern portion of the subdivision. Given that there are significant
elevation differences on the site, there will be substantial grading during construction that may
require the use of retaining walls in some locations. Grading issues and landscaping issues will
be evaluated in detail during review of the Final Subdivision Plan in an effort to preserve existing
tree cover wherever possible.
November 24, 2003
Honorable Mayor and City Commissioners
Page 3
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The proposed Prairie Lake PUD Land Use Plan Amendment and the Prairie Lake Reserve
Preliminary Subdivision Plan were both reviewed by the Development Review Committee
(DRC) on October 30, 2003. There were some issues to be addressed from the City Attorney,
the Public Works/ Engineering Department and from the Planning Division that were identified
in written staff comments. All of the issues were discussed and the changes to the Plans were
agreed upon. When the discussion was finished, the Committee voted unanimously to
recommend approval of the proposed Prairie Lake PUD Land Use Plan Amendment and the
Prairie Lake Reserve Preliminary Subdivision Plan, subject to making the changes identified in
written staff comments and agreed upon at the DRC meeting.
The plans for both the Prairie Lake PUD Land Use Plan Amendment and the Prairie Lake
Reserve Preliminary Subdivision Plan have now been revised to address the issues that were
discussed at the DRC meeting. However, a minor change to Additional Condition of Approval#
6 is still needed on Sheet 2 of the Prairie Lake PUD Land Use Plan. That Condition should be
revised to be consistent with Condition of Approval # 64 on the Prairie Lake Reserve
Preliminary Subdivision Plan. There is also one remaining engineering issue that still needs to
be addressed related to the Prairie Lake Reserve Preliminary Subdivision Plan (see attached
memo from the Public Works/Engineering Department, dated November 6, 2003).
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On November 11, 2003 the Planning and Zoning Commission held a public hearing to consider
the proposed amendment to the Prairie Lake PUD Land Use Plan and the proposed Prairie
Lake Reserve Preliminary Subdivision Plan. The City Staff and the Developer answered
questions about the density, buffers, turn lanes and concurrency vesting. There was no one
from the public to speak regarding these requests. When the discussion was finished, the
Planning and Zoning Commission voted unanimously to recommend approval of the
proposed Prairie Lake PUD Land Use Plan Amendment and the Prairie Lake Reserve
Preliminary Subdivision Plan, per the Staff recommendation.
STAFF RECOMMENDATION:
Prairie Lake PUD Land Use Plan Amendment:
Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff
respectfully recommends that the Mayor and City Commissioners adopt Ordinance # 2003-62,
approving the proposed Prairie Lake PUD Land Use Plan Amendment, date stamped
received by the City on November 3, 2003, subject to making the change to Additional Condition
of Approval # 6 as described above on Sheet 2 of the Land Use Plan. Approval of the Prairie
Lake PUD Land Use Plan Amendment will also need to be subject to execution and approval of
an amended Development Agreement.
November 24,2003
Honorable Mayor and City Commissioners
Page 4
Prairie Lake Reserve Preliminary Subdivision Plan:
Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff
respectfully recommends that the Mayor and City Commissioners approve the Prairie Lake
Reserve Preliminary Subdivision Plan, date stamped received by the City on November 3,
2003, subject to the Applicant meeting with the Public Works / Engineering Department prior to
the City Commission meeting to resolve the last remaining issue described in the attached
memo from that department. Approval of the Prairie Lake Reserve Preliminary Subdivision Plan
will also need to be subject to approval of the Prairie Lake PUD Land Use Plan Amendment and
execution and approval of an amended Development Agreement.
Attachments: Copy of Ordinance#2003-62
Memo from Public Works!Engineering Department,dated November 6,2003
Revised Prairie Lake PUD Land Use Plan,date stamped November 3,2003 -
-Prairie Lake Reserve,Preliminary Subdivision Plan,date stamped November 3,2003
O:\Staff Reports\2003\SR03123 CC.doc
� Center of Good Li
Mayor vine
Commissioners►. -•�
S. Scott Vanderrift Danny Howell. District 1
;: �, =
Scott Anderson, District 2
Rusty Johnson, District 3
OC`"
Jim Gleason � -- i_
Nancy J. Parker, District 4
Praire Lake Reserve PUD
Large Scale Site Plan-5th Staff Review
Public Works Department Comments
November 6,2003
The following are the results of your fifth submittal for the above referenced project. If you have
any questions pertaining to the quested information, please contact our o
1. It appears that the latest calculations submitted for Basin B didalnot meet
the qu59 ac-ft 1 0
yar/24 hour storm event runoff volume. According your
f
storage is required and only 5.775 ac-ft of storage is provided within Pond B. Please
resolve this issue.
Public Works Department
COO 14011/11 -
Alex Z. Nasser, P.E.
Staff Engineer
City of Ocoee•.150 N Lakeshore Drive•Ocoee,Florida 34761
Phone:(407)905-3100•Fax:(407)656-8504•www.ci.ocoee.fl.us
ORDINANCE NO.2003-62
CASE NO.: LS-02-003:Prairie Lake PUD Amendment
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM
OCOEE R-1-A, "SINGLE FAMILY DWELLING DISTRICT"
TO OCOEE "PUD", PLANNED UNIT DEVELOPMENT
DISTRICT, FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 20.694 ACRES
LOCATED APPROXIMATELY 900 FEET EAST OF
CLARKE ROAD AND JUST NORTH OF A.D. MIMS ROAD,
PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; AMENDING THE PRAIRIE LAKE _
PUD TO INCORPORATE SAID PROPERTY; FINDING
SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee,Florida, as hereinafter described,has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property from R-1-A, "Single-Family Dwelling District" to Ocoee "PUD", Planned Unit
Development District (the "Zoning") and to incorporate said property into the Prairie Lakes PUD
and approve the Amended Land Use Plan for Prairie Lakes PUD (the"Amended LUP"); and
WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of
Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and
determined that the Zoning requested by the Owner is consistent with the City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended (the"Ocoee Comprehensive Plan"); and
WHEREAS, the Amended Land Use Plan was scheduled for study and
recommendation and was reviewed by the development Review Committee ("DRC"); and
WHEREAS, the DRC found that the Amended Land Use Plan was a substantial
amendment to the existing Prairie Lakes Land Use Plan and approved said Amended Land Use
Plan; and
006.316862.1
WHEREAS, the Zoning and the Amended Land Use Plan were scheduled for
study and recommendation and were reviewed by the Planning and Zoning Commission of the
City of Ocoee ("PZC"); and
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Amended Land Use Plan and the Zoning for consistency with the Ocoee
Comprehensive Plan and determined that the Zoning is consistent with the Ocoee
Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee
City Commission that it approve the Amended Land Use Plan and the Zoning and find the
Zoning consistent with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Amended Land Use Plan and the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission
in accordance with the procedures set forth in Section 166.041(3),Florida Statutes.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF
THE 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 Chapter 166,Florida Statutes.
SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee
City Code, of the following described parcel of land containing approximately 20.694 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee
R-1-A, "Single Family Dwelling District" to Ocoee "PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the"Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit"B" and by this reference is made a part hereof.
SECTION 4. Land Use Plan. The above-described Property is hereby
incorporated into and is hereby approved subject to the Conditions of Approval and Waiver(s)
from the Ocoee Land Development Code set forth thereon:
That certain Prairie Lake PUD Amendment (September 10, 2003)
prepared by June Engineering Consultants, Inc. date stamped
received by the City on November 3, 2003 with such additional
revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the
same.
-2-
006.316862.1
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zoning Map. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning-enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article
V of Chapter 180 of the Ocoee City Code.
SECTION 6. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA
Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8. 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 9. Effective Date. This Ordinance shall become effective upon
passage and adoption.
-3-
006.316862.1
PASSED AND ADOPTED this day of , 2003.
APPROVED:
ATTES-T: CITY OF OCOEE,FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift,Mayor
(SEAL)
ADVERTISED ,2003
READ FIRST TIME ,2003
READ SECOND TIME AND ADOPTED
,2003
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of 2003.
FOLEY & LARDNER
By:
City Attorney
-4-
006.316862.1
EXHIBIT "A"
Legal Description
PARCEL 2
A PORTION OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 22 EAST, ORANGE
COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER
(NE 1/a ) OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 28 EAST; THENCE NORTH
00°06'28" WEST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF SAID SECTION 9, A DISTANCE OF 55.34 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE NORTH 00°0628" WEST, 1276.32 FEET; THENCE NORTH 89°46'-12"
WEST ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER(SE 1/a) OF THE
NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 9, A DISTANCE OF 684.51
FEET; THENCE SOUTH 00°24'51" EAST, 1333.20 FEET; THENCE SOUTH 89°53'44" EAST,
466.47 FEET, THENCE NORTH 75°23'15" EAST ALONG THE NORTHERLY LINE OF A 60
FOOT WIDE RAILROAD RIGHT-OF-WAY, 217.84 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA,
CONTAINING 20.694 ACRES,MORE OR LESS.
-5-
006.316862.1
EXHIBIT "B"
Additional Land Being Added to Prairie Lake PUD
Location Map
,7-_______ Iii
I11i `__.:C
. , .4tr r77.11 Ti
4. rii,ff.,,,, 1
r„j LAKE ( am
!yr am
ff l N �-►`I
��.,i l,l gp�11NG�N .r-� LAKE \\ `.# .
HACKNEY / .j
_� /_ l .4
is
iii i"_
w.`l ✓ '
am N1t
0
PRAIRIE
LAKE
9 �' '
] c___\
B�
_ ---<
n
i IL011. tMs 1° ' ;'+ .. / cc
1�Y1 — v)
ti- E.; ila - - goomwt sit SIO I,
goo - so a to r: go •• % B.Auk ,(61 1 1
III /st-.41.ii,ruci _ 1 �611 ;elmsgliair4 • lull nY/1►� i,;
� iii�o ^ 111► ,.�OlPio "0 *la �:T �111r
-6-
006.316862.1
EXHIBIT "C"
[Insert Land Use Plan]
-7-
006.316862.1
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0597
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq.,Assistant City Attorney
DATE: December 9, 2003
RE: Prairie Lake PUD— Third Amendment to Development Agreement
ISSUE:
Whether the City Commission should approve the proposed Third Amendment to
Development Agreement.
DISCUSSION:
In connection with the approval of the Prairie Lake PUD Land Use Plan,the City and the
Developer entered into a Development Agreement (the "Development Agreement"). Over time,
and with the development of the Prairie Lake PUD property, the Development Agreement was
been amended on two previous occasions. The Developer has now submitted plans to include
adjacent property into the Prairie Lake PUD. Since the PUD is proposed to be amended, the
Development Agreement also needs to be amended to set forth the new Conditions of Approval.
The attached proposed Third Amendment to Development Agreement replaces the old
Conditions of Approval and Waiver Table with the new Conditions of Approval and Waiver
Table set forth on the Amended Land Use Plan. The Third Amendment to Development
Agreement will be binding on the current owner as well as any subsequent purchasers.
RECOMMENDATION:
It respectfully is recommended that the City Commission approve the Third Amendment
to Development Agreement and authorize the execution thereof by the Mayor and City Clerk.
Attachment
FOLEY&LARDNER
006.318513.1
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office_Box 2193
Orlando, FL 32802-2193
(407)423-7656
RETURN TO:
For Recording Purposes Only
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407)656-2322
THIRD AMENDMENT TO
DEVELOPMENT AGREEMENT
(PRAIRIE LAKE PUD)
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the "Third
Amendment") is made and entered into as of the _ day of , 2003 by and
between SILVESTRI INVESTMENTS OF FLORIDA, INC., a Florida corporation
(hereinafter referred to as the "Developer"), whose address is 3033 Chimney Rock Road,
Suite 400, Houston, Texas 77056, ORLANDO METRO PROPERTIES, INC., a Florida
corporation (hereinafter referred to as the "Additional Property Owner"), whose address is
P.O. Box 259, Windermere, Florida 34786, and the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City"), whose address is 150 North Lakeshore
Drive, Ocoee, Florida 34761.
WITNESSETH:
006.285295.5
WHEREAS, the Developer and the City entered into that certain Development
Agreement dated June 18, 1991 and recorded December 6, 1991 in Official Records Book
4352, page 1655, as amended by the First Amendment thereto dated December 13, 1994 and
recorded in Official Records Book 4839, Page 2121 and the Second Amendment thereto dated
October 3, 1995 and recorded in Official Records Book 4956, Page 4908, all of the Public
Records of Orange County, Florida (collectively, the "Development Agreement"); and
WHEREAS, the Additional Property Owner is the owner of certain real property
located within Orange County, Florida which is contiguous to the Prairie Lakes PUD, all as
more particularly described in Exhibit "A" attached hereto and by this reference made a part
hereof(the "Additional Property" or "Tract K");
WHEREAS, pursuant to the application of Prairie Lake Reserve, Inc., a Florida
corporation (the "Applicant"), on , 2003 the Ocoee City Commission
approved, subject to the execution of this Third Amendment, the Land Use Plan Amendment
to Prairie Lake PUD, as prepared by and being date stamped as received by
the City on , 20 , with such additional revisions thereto, if any, as
may be reflected in the minutes of said City Commission meeting (collectively, the "LUP
Amendment");
WHEREAS, the LUP Amendment added the Additional Property to the Prairie Lake
PUD;
WHEREAS, pursuant to the petition of the Applicant, on , 2003 the
Ocoee City Commission approved Ordinance No. rezoning the Additional
Property as "PUD" under the Ocoee Land Development Code; and
006.285295.5 2
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code requires that Developer, the Additional Property Owner and the City enter
into a development agreement incorporating all plans and conditions of approval by reference;
and
WHEREAS, the Developer, the Additional Property Owner, and the City desire to
execute this Agreement in order to fully comply with the provisions of the Ocoee Land
Development Code; and
WHEREAS, the Developer, the Additional Property Owner and the City desire to
amend the Development Agreement to include the Additional Property and to address certain
matters related to the Additional Property.
NOW THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, 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 are incorporated
herein by this reference.
Section 2. Definition of "Property". The definition of "Property" and "Prairie
Lakes PUD" are hereby amended to include the Additional Property.
Section 3. Concurrency Review. The Additional Property is not vested under the
provisions of the City's Land Development Code. Development of the Additional Property
shall be subject to concurrency review under the City's Comprehensive Plan and Land
Development Code. The vested rights in favor of that portion of the Property owned by
006.285295.5 3
Developer, except for the Additional Property, shall remain in full force and effect and shall
not be altered, changed, reduced or impaired by reason of including the Additional Property as
part of the Property.
Section 4. Right of Way Conveyance. Within 60 days after receipt of written
notice from the City, the owner of the property depicted in Exhibit "B" and by this reference
incorporated herein (the "ROW Property") shall convey the ROW Property to the City by
special warranty deed free and clear of all liens and encumbrances except for those matters
acceptable to the City. The form of the special warranty deed shall be subject to the approval
of the City. In the event that The ROW Property is not platted at the time of the City's notice,
at least twenty (20) days prior to the conveyance, the owner of the ROW Property shall, at
such owner's sole cost and expense, provide to the City for review and approval a metes and
bounds legal description and sketch of description, both certified to the City, for the property
to be conveyed. The owner of the ROW Property shall, contemporaneously with the
conveyance of the ROW Property, provide to the City a current attorney's opinion of title or a
current title commitment to be followed by a policy of title insurance, evidencing that fee
simple title to the property is free and clear of all liens and encumbrances except for those
matters acceptable to the City. The costs and expenses related to the conveyance of the
property, including the cost of title work, shall be borne solely by the owner of the ROW
Property. Real property taxes on the property shall be prorated as of the day of the City's
acceptance of the conveyance of the same, and the prorated amount of such real property taxes
attributable to the owner of the ROW Property shall be paid and escrowed by such owner in
accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that
006.285295.5 4
if the conveyance occurs between November 1 and December 31, then the owner shall be
responsible for real property taxes for the entire year. Neither the owner of the ROW
Property, its successors and assigns, nor any other person or entity shall be entitled to any
road impact fee credits or other compensation of any kind for, on account of, or with respect
to the required conveyance of the ROW Property. Notwithstanding the foregoing, in the event
the City has not requested the conveyance of the ROW Property prior to the time the first plat
is filed for property which includes Tracts C, D or K of the LUP Amendment, the ROW
Property shall be conveyed to a property owners association for ownership and maintenance
pending the City's request for the same. The ROW Property shall be conveyed to the
association subject to an easement in favor of the City for right of way and public utility
purposes. Prior to the conveyance of the ROW Property to the City, the then owner of the
ROW Property shall at all times be responsible for the maintenance of the ROW Property.
Section 5. Road and Park Impact Fees. Notwithstanding any provision contained
in this Third Amendment to the contrary, to the extent that the Developer has been granted
any road impact fee credits or park impact fee credits under the provisions of the Development
Agreement or otherwise or may now or hereafter be granted with respect to the Prairie Lake
PUD, it is hereby agreed that neither the Developer, the Additional Property Owner, their
respective successors and/or assigns, nor any other person or entity shall be entitled to use
such impact fee credits with respect to the Additional Property. Further, notwithstanding the
provisions of Section 7 of the Development Agreement, it is hereby agreed that all impact fees
applicable to the Additional Property shall be paid at the rates in effect at the time of issuance
of applicable building permits. The road impact fee credits and park impact fee credits granted
006.285295.5 5
to Developer with respect to that portion of the Property owned by Developer, shall remain in
full force and effect and shall not be altered, changed reduced or impaired by reason of any
provisions of this Third Amendment and the LUP Amendment, and by reason of including the
Additional Property as part of the Property.
Section 6. Conditions of Approval. The City of Ocoee approved the LUP
Amendment subject to those certain Additional Conditions of Approval adopted by the Ocoee
City Commission on , 2003, a true copy of said Additional Conditions of Approval
being attached hereto as Exhibit "C" and by this reference made a part hereof (the
"Additional Conditions of Approval"). All references in the Development Agreement to the
Conditions of Approval shall be deemed to include the Additional Conditions of Approval.
The Additional Conditions of Approval shall only be applicable to Tract K of the Prairie Lakes
PUD as the Additional Property.
Section 7. Contingency of Third Amendment and LUP Amendment. This Third
Amendment and the LUP Amendment are contingent upon the Additional Property Owner
acquiring title to Tract D of the Prairie Lake PUD ("Tract D") from Developer. The execution
of a deed from Developer to Additional Property Owner and the subsequent recording of said
deed of conveyance among the public records of Orange County, Florida shall satisfy this
contingency. Within ten (10) days of the recording of the deed of conveyance, the Additional
Property Owner shall provide to the City a copy of the recorded deed together with a letter
confirming that the deed has been recorded and that the closing on the sale of Tract D from
Developer to Additional Property Owner has occurred. The Additional Property Owner shall
cause this Third Amendment to be recorded among the Public Records of Orange County,
006.285295.5 6
Florida following the deed of conveyance and prior to the recording of any mortgages on Tract
D, or, in the event a mortgage is recorded ahead of this Third Amendment, the Additional
Property Owner shall cause the mortgage holder to execute a recordable document, in a form
acceptable to the City, evidencing that the mortgage holder joins in and consents to this Third
Amendment and that its mortgage is subordinate to this Third Amendment. Within sixty (60)
days of the recording of the deed of conveyance, the Additional Property Owner shall present
to the City an updated title report evidencing that the Property was not encumbered by a
mortgage or other encumbrance not accepted by the City at the time of recording of this Third
Amendment. In the event the Additional Property Owner does not acquire fee simple title to
Tract D from Developer, then this Third Amendment and the LUP Amendment shall be null
and void and of no further force and effect and the Additional Property shall not be part of
Prairie Lake PUD.
1
Section 8. Developer. The term Developer as used in the Development
Agreement, as amended, shall mean only Silvestri Investment Company of Florida, Inc. The
Developer shall have the right to amend the Development Agreement and the Land Use Plan,
subject to the City's approval process, as it relates to the portion of Prairie Lake PUD owned
by Developer, without the requirement that the owner of the Additional Property join in or
participate in the approval process, and without the necessity for such owner's consent to any
such amendment.
Section 9. Effective Date. The Effective Date of this Third Amendment shall be
the day and year first above written, which shall be the day and year this Agreement is
approved by the Ocoee City Commission. This Agreement shall be null and void and of no
7
006.285295.5
further force and effect in the event the Additional Property Owner does not acquire title to
Tract D from Developer in accordance with the provisions of Section 6 hereof.
Section 10. Defined Terms. All capitalized terms not otherwise defined herein shall
have the meaning attributed to such term in the Development Agreement.
Section 11. Unmodified. In the event of a conflict between any of the foregoing
provisions and the Prairie Lake PUD, including the Land Use Plan Conditions of Approval
with respect thereto, it is agreed that the provisions of this Third Amendment shall control.
Except as expressly modified herein, the Development Agreement remains unchanged and in
full force and effect.
IN WITNESS WHEREOF, the Developer, the Additional Property Owner and the
City have caused this Third Amendment to be executed by their duly authorized officers or
representatives as of the day and year first above written.
Signed, sealed, and delivered DEVELOPER:
in the presence of:
SILVESTRI INVESTMENTS OF FLORIDA,
INC., a Florida corporation
By:
Printed Name: Printed Name:
Title:
Printed Name: Date:
006.285295.5 8
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
, as of SILVESTRI INVESTMENTS OF
FLORIDA, INC., a Florida corporation, and that he/she acknowledged before me executing
the same freely and voluntarily under authority duly vested in him/her on behalf of said
corporation. He/she [ ] is personally known to me or produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _day
of , 2003.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number(if not legible on seal):
Commission Expires(if not legible on seal):
006.285295.5 9
Signed, sealed, and delivered ADDITIONAL PROPERTY OWNER:
in the presence of:
ORLANDO METRO PROPERTIES, INC., a
Florida corporation
By:
Printed Name: Printed Name:
Title:
Printed Name: Date:
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
, as of ORLANDO METRO PROPERTIES,
INC., a Florida corporation, and that he/she acknowledged before me executing the same
freely and voluntarily under authority duly vested in him/her on behalf of said corporation.
He/she [ ] is personally known to me or produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2003.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number(if not legible on seal):
Commission Expires(if not legible on seal):
006.285295.5 10
Signed, sealed, and delivered CITY OF OCOEE, a Florida municipal
in the presence of: corporation
By:
Printed Name: S. Scott Vandergrift, Mayor
Attest:
Printed Name: Jean Grafton, City Clerk
Date:
(SEAL)
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY
ONLY BY THE CITY OF COMMISSION AT A MEETING HELD
OCOEE, FLORIDA. APPROVED ON , 2003 UNDER
AS TO FORM AND LEGALITY AGENDA ITEM NO.
this day of , 2003
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, 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.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2003.
Signature of Notary
Name of Notary (type, printed or stamped)
Commission Number(if not legible on seal):
Commission Expires(if not legible on seal):
006.285295.5 11
006.285295.5 12
EXHIBIT "A"
(Legal Description - Additional Property)
006.285295.5
EXHIBIT "B"
(ROW Property)
006.285295.5
EXHIBIT "C"
(Land Use Plan - Additional Conditions of Approval)
- •
41006
006.285295.5