HomeMy WebLinkAboutItem #02 Approval of Development Agreement for Ocoee Village Center4
Meeting Date: February 2, 2021
Item #:
Reviewed By:
Contact Name: Michael Rumer Department Director
Contact Number: Ext. 1018 City Manager:
Subject: Development Agreement for Ocoee Village Center
Robert Fran 010-1
Background Summary:
The Ocoee Village Center was approved as a Planned Unit Development (PUD) on October 6, 2020..At the time
of the approval of the PUD, Large Scale Site Plans for the Allure Apartments, Southeast retail, and Townhomes
were approved subject to finalizing staff comments and review. A Development Agreement would typically have
been brought forth with the PUD approval, but staff and the Developer wanted more time to finalize the site
plans.
Due to conditions necessary to close on the property, staff is bringing forth a Development Agreement that
captures commitments from the PUD including, but not limited to the following:
1. Section E. Setting the mix of commercial and residential permit required to be in process in order to
submit residential units beyond fifty percent (50%) of the units allowed in the PUD.
2. Section F. Set the final make up of Apartment Units: 1 Bedroom at 52.5%, 2 Bedroom at 37.5%, 3
Bedroom at 10%.
3. The six (6) phases are: Allure Apartments, Townhouses, SE Commercial, SW Commercial, NE
Commercial, and NW Commercial.
4. Exhibit C. Provides for Permitted and Prohibited Uses.
Issue:
Should the Honorable Mayor and City Commission approve the Development Agreement for Ocoee Village
Center?
Recommendations:
Staff recommends the Honorable Mayor and City Commission approve the Development Agreement for Ocoee
Village Center.
Attachments:
Developer's Agreement for Ocoee Village Center
Financial Impact:
No Financial Impact
Type of Item: (please marts with an 'X')
❑ Public Hearing
For Clerk's Dept Use:
❑ Ordinance First Reading
(j Consent Agenda
❑ Ordinance Second Reading
❑ Public Hearing
❑ Resolution
❑ Regular Agenda
❑x Commission Approval
❑ Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
PA
THIS INSTRUMENT PREPARED BY:
Dana Crosby -Collier, Esq.
SHUFFIELD, LOWMAN & WILSON, P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32801
(407) 581-9800
AFTER RECORDING RETURN TO:
City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
DEVELOPMENT AGREEMENT
(OCOEE VILLAGE CENTER)
For Recording Purposes Only
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the day of February, 2021, by and between CITY OF OCOEE, a Florida
municipal corporation existing under the laws of the State of Florida, whose mailing address is
150 N. Lakeshore Dr., Ocoee, Florida 34761, Attention: City Manager (the "City") and OCOEE
DEVELOPMENT IV, LLC, a Florida limited liability company, whose mailing address is 246
North Westmonte Drive, Altamonte Springs, Florida 32714 (the "Owner").
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 application of Owner, Case No. RZ-18-06-09, on October 6,
2020, the Ocoee City Commission approved Ordinance No. 2019-011, rezoning the Property to
PUD, under the Ocoee Land Development Code, as amended by Ordinance No. 2020-024
approved by the Ocoee City Commission on October 6, 2020 (collectively, the "Ocoee Village
Center PUD"); and
WHEREAS, pursuant to the application of Owner, Case No. CPA -2018-006, on October
6, 2020, the Ocoee City Commission approved Ordinance No. 2019-010, amending the Ocoee
Comprehensive Plan to change the Future Land Use Designation for the Property to "High
Density Residential and Commercial" (the "Land Use Plan Amendment"); and
WHEREAS, pursuant to the application of Owner, Project No. LS -2019-005, on October
6, 2020, the Ocoee City Commission approved the Preliminary/Final Site Plan for the
Townhomes at Ocoee Village Center (the "Townhome Site Plan Approval"); and
WHEREAS, pursuant to the application of Owner, Project No. LS -2019-007, on October
6, 2020, the Ocoee City Commission approved the Preliminary/Final Site Plan for the Allure
Apartments at Ocoee Village Center (the "Apartment Site Plan Approval"); and
WHEREAS, pursuant to the application of Owner, Project No. LS -2019-009, on October
6, 2020, the Ocoee City Commission approved the Preliminaiy/Final Site Plan for the Southeast
Commercial at Ocoee Village Center (the "Southeast Commercial Site Plan Approval") (the
Townhome Site Plan Approval, the Apartment Site Plan Approval and the Southeast
Commercial Site Plan Approval may sometime be collectively referred to as "Site Plan
Approvals"); and
WHEREAS, the provisions of Section 4-1-0 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 Owners 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:
Section 1. Recitals; Definitions. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described on the Land Use Plan (as defined below), unless otherwise indicated.
Section 2. Development of the Property.
(A) The Property shall be developed in accordance with the PUD/Land
Use Plan attached to Ordinance No. 2020-024 ("Land Use Plan") and the Site Plan Approvals.
The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein.
(B) 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"). Owners further agree 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 Site
Plan Approval except as clarified herein and such clarifications to the Conditions of Approval
shall control over any conflicts with the Conditions of Approval set forth in the Site Plan
Approvals.
(C) The Property shall be developed in compliance with those
Permitted and Prohibited Uses as stated in Exhibit "C", which is attached hereto and by this
reference made a part hereof (the "Permitted and Prohibited Uses").
(D) Except as otherwise expressly set forth in this Agreement and the
Land Use Plan it is agreed that (1) the development of the Property shall comply with the zoning
and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it
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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(s) 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.
(E) Phasing. The Owner agrees that, prior to commencing
construction beyond fifty percent (50%) of the residential units, no less than twenty-five percent
(25%) of the Commercial Use, as described below, shall be approved by the City and shall be
under construction. Twenty-five percent (25%) Commercial Use shall be met by one or a
combination of the following options:
A hotel on any quadrant but preferably the NW.
A grocery store on any quadrant but preferably the SW.
A convenience store plus at least 10,000 sf of retail on the SE quadrant.
At least 10,000 square foot of retail shops on the NE quadrant plus one other use as
described in this table.
A convenience store on the SE quadrant plus at least 10,000 square feet of retail
shops on the NE quadrant.
A combination of four different uses on the four quadrants as described in this table.
Commencement of the site work pursuant to the SE Commercial Site Plan Approval shall satisfy
the requirements of this Section.
(F) Design Criteria. Residential units shall be designed as follows:
Apartments:
The Apartment Site shall be designed primarily as a four-story project with a mix of units
in accordance with the approximate requirements:
1 Bedroom 52.5%
2 Bedroom 37.5%
3 Bedroom 10%
The number of 3 -bedroom units shall not exceed 10%. The final unit mix is set forth in
the Apartment Site Plan Approval.
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Townhomes:
Townhome units shall have a mix of one (1) and two (2) car garages with the majority of
townhome units having two (2) car garages as set forth in the Townhome Site Plan
Approval.
(G) Parking. Off -Street Parking requirements shall meet the following
criteria:
Parking spaces shall be 9' x 18' minimum. The depth of the parking space may be
reduced if adjacent to 8' sidewalks.
The required off-street parking shall be in accordance with Article VI, Section 6.4 (G),
City of Ocoee Land Development Code, with the exception of the following:
Townhome Units:
1 BR 1.5 Spaces per Unit
2BR 1.75 Spaces Per Unit
3BR 2.0 Spaces Per Unit
Apartments:
Shall be in accordance with the Apartment Site Plan Approval.
Section 3. 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 (i) hand delivered
to the other party, or (ii) when sent by overnight courier service for next business day delivery
(i.e., Federal Express), addressed- to the party at the address set forth on the first page of this
Agreement, or such other person or address as the parry shall have specified by written notice to
the other party delivered in accordance herewith.
Section 4. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 5. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owners' expense, in the. Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owners, execute and deliver letters affirming the status of this Agreement.
Section 6. 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 7. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
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Section 8. 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; provided, however, that it is agreed that
this Agreement is supplemental to the Land Use Plan and does not in any way rescind or modify
any provisions of the Land Use Plan. In the event of any conflict, the requirements of the Site
Plan Approvals shall control. Amendments to and waivers of the provisions of this Agreement
shall be made by the parties only in writing by formal amendment.
Section 9. Further Documentation. The parties agree that at any time following a
request by the other parry, 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 10. 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, paralegal 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 11. 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 12. 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 13. Severability. If any word, 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 so long as
the purpose and intent of this Agreement can still be achieved.
Section 14. Effective Date. The Effective Date of this Agreement shall be the day
this Agreement is last executed by a parry hereto and such date shall be inserted on Page 1 of this
Agreement.
SIGNATURES TO FOLLOW
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IN WITNESS 'WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and
year first above written.
Signed, sealed and delivered OWNER:
in the presence of: OCOEE DE LO 1ViENIJIV, LLC, a
Florida li to liabil tv com anv
STATE OF FLORIDA
COUNTY OF BROWARD
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I HE, CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared by means of physic presence
_ or remote notarization Stephen Hoffman, as the Manager of Ocoee Development IV,
LLC, a Florida limited liability company, who LX I is personally known to me or "
produced as identification, and that he/she acknowledged executing
the same on behalf of said company 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 2 s day
of -f cc v\, , 2021.
DEBRA A.FU# QG 070334 Signature of Notary
*_ MY COMMISSIOION iP GG
N. EXPIRES: March 19, 2021
Bonded Thru Notary Public Underwriters Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seat):
My Commission Expires (if not legible on seal):
12
Signed, sealed and delivered
in the presence of:
Print Name:
Print
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. Approved as
to form and legality this
day of , 2021.
SHUFFIELD, LOWMIAN AND WILSON,
P.A.
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
October 6, 2020 UNDER AGENDA ITEMS
NO. 15, 16,17 AND 18.
I HEREBY CERTIFY that on -this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared by means of physical
presence or remote notarization _RUSTY JOHNSON and MELANIE SIBBITT,
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 , 2021.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnot legible on seal):
My Commission Expires (if not legible on seal):
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EXHIBIT "A"
(The "Property")
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 IN SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDA,
LESS AND EXCEPT THAT PORTION DESCRIBED IN THAT CERTAIN RIGHT-OF-
WAY AGREEMENT RECORDED MAY 6, -1971 IN OFFICIAL RECORDS BOOK 2062,
PAGE 843, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA;
AND LESS AND EXCEPT THAT PORTION DESCRIBED IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED APRIL 17, 1998 IN OFFICIAL
RECORDS BOOK 5461, PAGE 2341 AND IN THAT CERTAIN CORRECTED
STIPULATED FINAL JUDGMENT RECORDED NOVEMBER 26, 2001 IN OFFICIAL
RECORDS BOOK 6397, PAGE 247, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA;
AND LESS AND EXCEPT THAT PORTION DESCRIBED IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED JANUARY 16, 2009 IN OFFICIAL
RECORDS BOOK 9816, PAGE 8120, PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA;
TOGETHER WITH THE NORTH 7 ACRES OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 22 SOUTH, RANGE 28 EAST,
ORANGE COUNTY, FLORIDAS_LESS ROAD RIGHTS- OF WAY.
THE ABOVE DESCRIBED PROPERTY BEING MORE PARTICULARLY DESCRIBED
AS THE FOLLOWING THREE PARCELS:
Parcel 4 Parcel ID No. 05-22-28-0000-00-004:
A parcel of land comprising a portion of Sections 5 and 8, Township 22 South, Range 28
East, Orange County, Florida, being more particularly described as follows:
COMMENCE at the Northwest corner of the Southwest 1/4 of aforesaid Section 5; thence
run South 00053'06" East along the West line of said Southwest 1/4 of said Section 5 for a
distance of 2930.83 feet to the Southwest corner of the Southwest 1/4 of Section 5; thence
departing said West line run North 89144'04" East along the South line of said Southwest
1/4 for a distance of 30.00 feet to a point on the Easterly right-of-way line of Ocoee -
Clarcona Road; thence continuing along said South line run North 89144104" East for a
distance of 40.00 feet to a point on the Easterly right-of-way line of Ocoee - Clarcona Road
per Orlando Orange County Expressway Authority right-of-way Control Survey Project
No. 75320-6450-602/603; -thence departing said South line run North 00053'06" West along
said Easterly right-of-way line for a distance of 1111.47 feet; thence run North 07106116"
In
East for a distance of 265.87 feet; thence run North 58°53'01" East for a distance of 72.13
feet to a point on the Southerly right-of-way line of Ocoee - Clarcona Road per Orlando
Orange County Expressway Authority right-of-way Control Survey Project No. 75320-
6460-602/603; thence run South 89°10108" East along said Southerly right-of-way line for a
distance of 514.27 feet; thence run North 00149'52" East for a distance of 20.00 feet; thence
run South 89°10'08" East for a distance of 660.17 feet to a point on the East line of the
Southwest 1/4 of the Southwest 1/4 of aforesaid Section 5; thence departing said Southerly
right=of-way line run South 00°17'43" West along said East line for a distance of 1409.65
feet to the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 5, also
being the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of aforesaid Section 8;
thence departing said East line of run South 00°34'54" East along the East line of said
Northwest 1/4 of the Northwest 1/4 of Section 8 for a distance of 231.78 feet to a point on
the South line of the North 231 feet of the Northwest 1/4 of the Northwest 1/4 of aforesaid
Section 8; thence departing said East line run South 89144'04" West along said South line
for a distance of 1286.39 feet to a point on aforesaid Easterly right-of-way line of Ocoee -
Clarcona Road; thence run North 00°11'35" West along said Easterly right-of-way line for
a distance of 231.77 feet to aforesaid POINT OF BEGINNING.
Parcel 40 Parcel ID No. 05-22-28-0000-00-040:
A parcel of land comprising a portion of Section 5, Township 22 South, Range 28 East,
Orange County, Florida, being more particularly described -as follows:
COMMENCE at the Northwest corner of the Southwest 1/4 of aforesaid Section 5; thence
run South 88°07'15" East along the North line of said Southwest 1/4 of Section 5 for a
distance of 1252.78 feet to the POINT OF BEGINNING; thence continuing along said
North line run South 88107'15" East for a distance of 122.87 feet to the Northeast corner of
the Northwest 1/4 of said Southwest 1/4 of Section 5; thence departing said North line run
South 00°17'43" West along the East line of said Northwest 1/4 for a distance of 1351.26
feet to a point on the Northerly line of Right -of -Way Taking, Parcel No. 1044, per Official
Records Book 9816, Page 8120 of the Public Records of Orange County, Florida; thence
departing said East line run North 89113'22" West along said Northerly right-of-way line
for a distance of 154.59 feet to a point of curvature of a curve concave Northeasterly and
having a radius of 1262.21 feet, a chord bearing of North 69'30'11" West and a chord
length of 851.79 feet; thence run Northwesterly along said Northerly right-of-way line and
said curve through a central angle -of 39°26'23" for an arc distance of 868.85 feet; thence
run North 49°49'55" West for a distance of 151.44 feet; thence -run North 36°19'17" West
for a distance of 51.42 feet; thence run North 49°49'02" West for a distance of 184.99 feet
to a point on the Southerly right-of-way line of County Road 429, Western Beltway, a
limited access right-of-way, per Orlando Orange County Expressway Authority right-of-
way Control Survey Project No. 75320-5460-602/603; thence departing_ aforesaid Northerly
right-of-way line run North 54°40'-57" East along said Southerly right-of-way line for a
distance of 1377.66 feet to aforesaid POINT OF BEGINNING.
W
Parcel 46 Parcel ID No. 05-22-28-0000-00-046:
A parcel of land comprising a portion of Section 5, Township 22 South, Range 28 East,
Orange County, Florida, more particularly described as follows:
COMMENCE at the Northwest corner of the Southwest 1/4 of aforesaid Section 5; thence
run South 00153'06" East along the West line of said Southwest 1/4 of said Section 5 for a
distance of 1465.41 feet to the Southwest corner of the Northwest 1/4 of the Southwest 1/4
of aforesaid Section 5; thence departing said West line run South 89°10'08" East along the
South line of said Northwest 1/4 of the Southwest 1/4 of Section 5 for a distance of 145.12
feet; thence departing said North line run North 00149152" East for a distance of 50.00 feet
to a point on the Northerly right-of-way line of Ocoee - Ciarcona Road per Orlando
Orange County Expressway Authority right-of-way Control Survey Project No. 75320-
6460-602/603, also being the POINT OF BEGINNING; thence run North 71113'20" West
along said Northerly right-of-way line for a distance of 20.59 feet to a point on the Easterly
right-of-way line of West Road, a limited access right-of-way, per Orlando Orange County
Expressway Authority right-of-way Control Survey Project No. 75320-6460-602/603;
thence run North 07106116" East along said Easterly right-of-way line for a distance of
60.00 feet to a point of curvature of a curve concave Westerly and having a radius of 776:19
feet, a chord bearing of North 00°25'09" East and a chord length of 180.72 feet; thence run
Northerly along said Easterly right-of-way line and said curve through a central angle of
13122114" for an arc distance of 181.13 feet to a point of tangency, thence run North
06115'58" West for a distance of 131.33 feet; thence run North 19142'11" West for a
distance of 25.32 feet to a point on the Southerly line of Right -of -Way Taking, Parcel No.
1044 per Official Records Book 9816, Page 812-0 of the Public Records of Orange County,
Florida; thence departing said Easterly right-of-way line run South 49°49'02" East along
said Southerly right -of -Way line for a distance of 265.92 feet to a point on a non -tangent
curve concave -Northeasterly and having a radius of 1385.18 feet, a chord bearing of South
56121'45" East and a chord length of 316.40 feet; thence run Southeasterly along said
Southerly right-of-way line and said curve through a central angle of 13006'58" for an arc
distance of 317.09 feet; thence run South 00°49'52" West for a distance of 60.70 feet to a
point on aforesaid Northerly right-of-way line of Ocoee - Clarcona Road per Orlando
Orange County Expressway Authority right-of-way Control Survey Project No. 75320-
6460-602/603; thence departing said Southerly right-of-way line run North 89°10'08" West
along said Northerly right-of-way line for a distance of 432.12 feet to aforesaid POINT OF
BEGINNING.
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EXHIBIT "B"
("Conditions of Approval")
Section A. General
The City of Ocoee, Florida (the "City") is subject to the terms, provisions and restrictions
of Florida Statutes, Chapter 163, concerning moratoria on the issuance of building
permits under certain circumstances. The City has no lawful authority to exempt any
private entity or itself from the application of such state legislation and nothing herein
shall be construed as such an exemption.
2. This project shall be developed in six (6) major phases (Apartments, Townhomes, SE
Commercial, SW Commercial, NE Commercial and NW Commercial).
3. Each phase of the project will stand on its own with respect to public services (sewer,
water, storinwater management, access and other related services). Notwithstanding the
foregoing, certain infrastructure common to all phases will be constructed as a part of the
project.
4. Except as specifically noted on the Site Plan Approvals, development of the property
shall be consistent with the requirements of the City of Ocoee Code of Ordinances (the
"Code"), which Code includes Chapter 180, the City of Ocoee Land Development Code
(the "Land Development Code"), that the development shall be consistent with the City
of Ocoee Engineering Standards Manual along with the Code of Ordinances and the Land
Development Code.
Nothing herein shall be construed to waive any provision of the Land Development Code
except to the extent expressly set forth on a waiver table or explicitly set out on the Site
Plan Approvals.
6. Any damage caused to any public streets as a result of the construction activities related
to the project shall be promptly repaired by the Owner to the applicable governmental
standards at the Owner's sole cost and expense.
There shall be no access from the property to any public streets except at the approved
locations shown on the Site Plan Approvals.
All existing structures (including buildings, power lines, existing aerial and -utility
facilities) will be removed and/or terminated prior to or during construction of the
development replacing those uses.
Intentionally Omitted.
10. All legal instruments including, but not limited to (i) declarations of covenants,
easements and restrictions for the property; (ii) articles of incorporation and bylaws of the
property owners' association (the "Association"); and (iii) warranty deeds, easements
and bill of sale documents to the Association, the City, the County and/or the St. Johns
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River Water Management District ("SJRWNW") shall be provided to the City for review
and approval prior to platting all or a portion of the property.
11. Parking for individual lots shall be provided in accordance with the Land Development
Code.
12. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker
shall be affixed to the street in the center of the lane closest to each hydrant.
13. The Owner of each tract shall be responsible for installing reuse lines along with the
other subdivision infrastructure. At such time as reuse water is available to the property,
the Owner shall be responsible for connection to the reuse system lines.
14. Pursuant to the Land Development Code, all subdivision signage must be consistent with
the legally assigned name of the subdivision. Any subsequent change to the name of the
subdivision must be approved by the City Commission of the City.
15. To the extent the Land Use Plan and these Conditions of Approval conflict with the Land
Development Code, the provisions of the land Use Plan and these Conditions of Approval
shall control.
16. To the extent any 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 designed in accordance with the
City of Ocoee Engineering Standards Manual.
Section B. Trees
Existing trees eight feet (8') or larger (other than planted pine trees, citrus trees or "trash"
trees) located along proposed locations of buffer walls or road right-of-way lines will be
preserved if at all possible; the buffer walls and roads will be designed around those trees
to incorporate them into required landscape buffers and as street trees
2. The existing grades on individual lots containing protected trees will be maintained as
much as possible to preserve existing protected trees. For lots or tracts containing
protected trees, there will be no grading or other construction on the same except as
specified in the Site Plan Approvals, until building permits are issued for those lots/tracts.
3. Removal of existing protected trees will be limited to clearing road right-of-way and
retention areas as detailed in the Final Subdivision Plan/Final Site Plan. All existing
protected trees on individual lots and tracts will be evaluated at the time of site plan
review for that lot or tract, to determine whether or not each tree needs to be removed.
4. In order to ensure that as many existing trees as possible will be preserved, all road
rights-of-way and retention areas will be flagged for review by the City prior to any tree
removal. No clearing permits will be issued for site work or building construction until
the trees to be preserved have been clearly marked with tree protection barriers.
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5. No person shall undertake land clearing or the removal of any protected trees 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 Owner has failed to take reasonable measures to preserve the trees
on site.
The final grading plan will preserve existing grades on individual lots and tracts
containing protected trees as much as possible.
All landscape areas will be irrigated and have an automatic rain sensor.
Section C. Easements/Utilities
All cross access, utility and drainage easements shall be provided prior to or at the time
of platting.
2. All utilities to be placed within the ten foot (10') easement along the front of each lot will
be placed around existing protected trees to be preserved.
All utilities including electrical, cable, TV, and telephone and including. on-site existing
overhead wires shall be placed underground.
4. Unless otherwise noted, a five foot (5') utility and drainage easement will be platted
along all side lot lines and ten foot (10') utility, drainage and sidewalk easement adjacent
to the street right-of-ways. Sidewalks will only be placed in this easement if necessary to
run them around existing protected trees to be preserved.
5 All drainage, utility and maintenance easements shall be for the benefit of the
Association. The land burdened by such easements shall be owned by the individual lot
or tract owners:
6. Drainage easements between lots and tracts are shown on the Site Plan Approvals for
location only. Final easement dimensions will be shown on the Plat for Ocoee Village
Center (the "Plat") or the Final Subdivision Plan/Final Site Plan for that phase and will be
sized to meet City requirements.
7. A perpetual, non-exclusive access easement over all internal roadways and other paved
areas is hereby granted in favor of the City and other applicable authorities for law
enforcement, fire and other emergency services. The City may require that easements be
dedicated on the Plat or the owner execute an easement in recordable form with respect to
the foregoing.
An emergency access easement to the retention ponds and over all drainage easements
shown on the Plat is hereby granted to the City for emergency maintenance purposes.
The emergency access easement will not impose any obligation, burden, responsibility of
liability upon the City to enter upon the property it does not own or take any action to
repair or maintain the drainage system on the property.
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Section D. Association
1. The project will have a Property Owner's Association for the portion of the
project north of Clarcona Ocoee Road and a Property Owner's Association for the
portion of the project south of Clarcona Ocoee Road, which shall own and maintain all
common areas.
2. All declaration of covenants and restrictions affecting the property shall include
the following provisions:
i. Provision allowing the City to levy, collect, and enforce assessments for
maintenance of common areas if the Association fails to do so or fails to maintain
assessments at a level allowing for adequate maintenance.
ii. Provision granting the City the right, but not the obligation, to maintain all
common areas should the Association fail to do so after notice from the City. To the
extent that the City undertakes such action, the City shall be entitled to reimbursement
from the Association and shall be entitled to require the Association to levy assessments
for the purposes of paying such reimbursement.
iii. Provisions granting the City the right, but not the obligation, to
maintain/repair the stormwater management system for the property (the "SWMS") and
obtain reimbursement from the Association, or from the Owner if (a) turnover of control
of the members has not occurred; or (b) if the Owner is still responsible for maintenance
of the SWMS.
iv. Provision providing that the SWMS will be transferred to a responsible
operation/maintenance entity acceptable to the City in the event of dissolution and that if
dissolution occurs without such approval then the City may continue to levy and collect
assessments and impose liens with respect thereto notwithstanding the dissolution of the
Association.
V. Provision that the Association shall at all times be in good standing with
the Florida Secretary of State.
vi. Provision that at the time of turnover of control of the Association to the
members, the declarant shall deliver to the new board of directors the maintenance plan
for the SNVMS accompanied by an engineer's certification that the SWMS is functioning
in accordance with all approved plans and permits. To the extent that any such
engineer's report indicates any corrective action is required, that declarant shall be
required to diligently undertake such corrective action at the declarant's expense and to
post a cash bond with the Association for the estimated costs of such corrective action.
vii. Provision that no property owned by the City or any other governmental
entity shall be subject to assessments levied by the Association.
viii. Provision that any amendment to any provision affecting the City or
SWMS requires the consent of the City in an instrument recorded with the amendment.
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3. All tracts that are to be owned and maintained by the Association shall be
conveyed to the Association by warranty deed at the time of platting. A special warranty
deed is permissible if accompanied by a title insurance policy to the Association.
Section E. Streets
1. Final street naming will be coordinated through the City Support Services
Department — Information System Division at the time of final plat submittal.
2. , [If public streets] All internal roads within the project will be dedicated to the
public at the time of platting unless otherwise noted.
[If private streets] Tract access road(s) through the property, is a private road
which will be owned and maintained by the Association, with access and utility
easements granted to the City. Such roads will be conveyed to the Association at the
time of platting.
3. [If public roads] Street lights, security lights and lighting for common areas
meeting current Land Development Code requirements shall be installed by the Owner
prior to Certificate of Completion at the Owner's expense. If upgraded street lights are
installed, the Owner and the Association will be required to complete and execute a City
of Ocoee Owners and Homeowners Association Agreement for Upgraded Street Lights
with the Owner and the Association being responsible for operating costs for the
difference between standard street lights and the upgraded street lights.
[If private roads] Street lights, security lights and lighting for common areas meeting
current Land Development Code requirements shall be installed by the Owner prior to
Certificate of Completion at the Owner's expense. The Owner and the Association will
be responsible for all operating costs relating to such lighting.
4. [Private Roads] In the event gates are installed on the private roads the gates and
subdivision shall comply with Article VIII, Chapter 34 of the Orange County Code for
gated communities as well as any amendments to that Article that may be enacted prior to
approval of the Final Subdivision Plan for that phase. Further, in the event Orange -
County rescinds or ceases to have regulations for gated communities, then the regulations
in effect at the time of Final Subdivision Plan approval for that phase shall control. All
references in said County Code Chapter to the "County," shall be deemed to refer to the
"City" for purposes of this requirement. Click to Enter and Knox Box technology shall be
installed and operational at each gate.
5. The Owner shall construct appropriate curbs cuts to enable construction of ramps
-at all rights-of-way intersections (and other _areas as reasonably required) in order to
accommodate. access to sidewalks and streets for- persons who are in wheelchairs -and
other persons who are physically challenged. Sidewalks abutting each platted lot or tract
shall be constructed at the time of development of the lot or tract. When sidewalks are
constructed on corner lots at certain locations, the sidewalks will be extended to the curb
and the appropriate ramps will then be constructed. Sidewalks adjacent to common areas
shall be constructed at the time of permanent construction of adjacent common areas.
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Section F. Stormwater Management Svstem
1. All unfenced wet retention ponds with have a maximum 5:1 side slopes into the
pond.
2. The development of this project will incorporate the stormwater needs of all
public roads within the project.
3. All building setbacks from all wet retention areas shall be fifteen feet (15') feet to
the principal structure from the top of the bank except as may be approved in the Site
Plan Approvals.
4. Storm Water Management System shall be in general conformance with the Site
Plan Approvals and the St Johns River Water Management Permits.
4. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets,
manholes, structures and retention ponds, will be owned, operated and maintained by the
Association.
5. Notwithstanding the conveyance of the retention ponds to the Association or any
provision to the contrary contained in these Conditions of Approval, the Owner shall
remain responsible for the maintenance of the SWMS, including all retention ponds, until
such time as:
i. the entire SWMS for the project is constructed and the appropriate
Certificate of Completion is issued by both the City and the SJRWMD;
ii. the retention ponds intended to be conveyed to the Association have in
fact been conveyed to the Association;
iii. the Association is designated as the maintenance entity on the records of
the SJRWMD and all transfer records required by the SJRWMD have been executed and
accepted by SJRWMD;
iv. the City has been provided with a copy of the Owner's proposed
maintenance plan with respect to the SWMS; and
V. the City has been provided with a written statement from the Association
acknowledging receipt of the Owner's proposed maintenance plan with respect to the
SWMS and that the Association is responsible for the maintenance of the SWMS.
6. All common area improvements including entry features, walls, landscaping and
sidewalks along all roads, as well as -landscaping around the retention pond tracts and any
lift station tract shall be completed prior to issuance of the Certificate of Completion for
those corresponding phases.
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Section G. Wetlands/100 Year Flood Plain
1. All finished floor elevations will exceed the 100 -year flood plain by a minimum
of two feet (2') and/or the 100 -year flood event for the stormwater management system
by two feet.
2. The Owner shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any
disturbance, siltation, or other construction below the natural wetland lines. Further, the
areas below the natural wetland lines shall be fenced off (and silt fences shall be
installed) during construction activities immediately adjacent to the wetlands, in order to
minimize disturbances of the wetlands during construction.
3. Wetland and existing surface water impact for this property is regulated by
SJRWMD and the Florida Department of Environmental Protection. General or
individual permits are required from these agencies prior to commencement of
construction.
4, At the time of submittal of the first Preliminary Subdivision Plan or Site Plan
review for the property, the Owner will map the jurisdictional wetland line on the .site and
establish a twenty-five foot (25') upland buffer from that line. Depending on the results,
the City may also require a Conservation and Drainage Easement over any wetlands or
adjoining conservation area. The usable area of the site will be reduced by this acreage
and all development criteria will be reduced proportionately. Prior to or at the time of
development of any portion of the property, if a Conservation and Drainage Easement is
required, the Owner shall convey to the City the Conservation and Drainage Easement, the
form of which shall be approved by the City prior to the conveyance.
Section H. Commercial Projects
All commercial lots will be a minimum of one (1) acre in size.
2. All commercial lot uses shall conform to the Master Architectural, Signage,
Lighting and Landscape Package Plans, which will be provided when the first
commercial lot is developed and which will be subject to approval of the City.
Section I. INTENTIONALLY DELETED.
Section J. Townhome Projects
1. All multifamily residential buildings comprised of three (3) or more dwelling
units, regardless of square footage or number of stories, will include automatic fire
protection systems.
2. Open space between townhome units not part of an individual lot, shall be owned
and maintained by the Association.
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3. The townhome portion of the project will comply with section 6-15 of the Land
Development Code regarding multi -family development standards.
4. Street trees shall be provided by the Owner at a rate of one (1) tree per townhome
unit prior to certificate of occupancy for each building.
5. All declaration of covenants and restrictions affecting the townhome portion of
the property shall include the following provisions:
i. Provision providing that short term rentals (rental term less than six (6)
months) shall be prohibited and providing that this provision may be enforced by the
City.
ii. Provision requiring that garages must be used for parking cars and that
parking will be prohibited on the private streets, except in designated off-street parking
spaces.
iii. Provision prohibiting RV and boat parking within the subdivision.
iv. Provision requiring that if trash cans are used at individual units, they shall
be stored in the garage, but if they are stored outside the garage they shall be screened
from view with a decorative fence and/or landscaping.
V. Provision requiring a six foot (6') privacy fence on all three (3) sides of
any lot with an accessory structure, per section 5-6b of the Land Development Code.
vi. Provision requiring limitations on the size and placement of accessory
structures and privacy fences in certain rear yards.
vii. Provision requiring all lots with fencing to have a gated entrancealong the
rear lot line.
viii. Provision providing that trash pickup will be provided for each individual
unit and that no dumpsters shall be utilized for waste disposal.
ix. Provision providing that individual owners of individual lots shall be
wholly and exclusively responsible, to the extent necessary,. for the periodic clean-out,
maintenance., upkeep., repair and replacement of all elements of the sanitary sewer system
located on their respective lot, from the inside of the home to the back of curb where the
lot line ends. The elements of the sanitary sewer system shall include, but not be limited
to, all piping, "laterals" and other components of the sanitary sewer system. Neither the
Association nor the City nor any other third party shall have any responsibility for such
clean-out, maintenance, upkeep, repair or replacement of any component of the sanitary
sewer system located on a lot.
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Section K. Wekiva Studv Area
1. For development or redevelopment of property located outside the Ocoee
Community Redevelopment Area (CRA) but within the Wekiva Study Area ("WSA")
Boundary, and with the exception of a single-family home on an existing lot, those
portions of properties that contain at least one (1) of the three (3) following resources: (i)
most effective recharge areas, (ii) karst features, or (iii) sensitive natural habitats
including Long Leaf Pine, Sand Hill, Xeric Oak Scrub, or Sand Pine Scrub vegetative
communities, are be subject to a minimum thirty-five percent (35%) Wekiva Open Space
requirement.
2. Open Space required to be preserved within the WSA boundary is defined as: any
portion of a parcel or area of land that remains undeveloped, or minimally developed,
such as trails and boardwalks as part of a natural resource preserve or recreation area,
stormwater retention areas that follow Best Management Practices (BMPs), upland buffer
retention swales (per policy 7.7.3), naturally vegetated areas, and tracts for pedestrian
connections. Such designated open space excludes waterbodies, lots, street rights of way,
parking lots, impervious surfaces and active recreation areas including golf courses. All
Wekiva Open Space Areas shall be restricted to prohibit use of fertilizer and chemical
applications, but may permit mechanical methods for routine maintenance. Rule 9J-
5.003(84), F.A.C. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]
3. Naturally vegetated swales are required to be placed within the upland buffers
surrounding lakes or wetlands. The purpose of these swales is to improve the water
quality of the stormwater runoff and ensure that the swale fills and exfiltrates into the soil
so that there is no sheet flow into the lake or wetland. This method of water quality
improvement shall mimic the absorption and pollutant removal abilities of a natural low
spot in the topography and must follow accepted Best Management Practices (BMPs).
Stormwater runoff from developed lands adjoining wetlands, lakes and/or floodplain
areas shall be diverted towards swales, hold the runoff, and then allow it to slowly release
into the soil column. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3),
F.S.]
Section L. West Oranl4e Trail
1. A Public Trail Tract as depicted on the plan- shall be dedicated to the City at the
time of platting for connection through the property to the West Orange Trail. OR Access
to the West Orange Trail, which will be provided by sidewalks from the project's access
road that crosses the West Orange Trail.
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EXHIBIT "C"
PERMITTED AND PROHIBITED USES
Permitted Uses:
Permitted uses shall be those under the C-2 (Community Commercial) and the following:
a.) Gasoline Service Stations
Motor Vehicle repairs and maintenance are not allowed. Convenience retail uses are allowed
within this use. The architectural details shall be coordinated with the service canopies. Service
canopies shall not make up more than 50% of the primary road frontage and shall not block
visibility at intersections of Right -Of -Ways or driveways. No outdoor storage shall be permitted.
b.) Retail Centers — limited to a floor area ratio (FAR) of 3
c.) Grocery Store
d.) Drug Store such as CVS, Walgreens etc.
There shall be a limit of 2 drive thru windows. The Drive thru lanes shall not be located along
Arterial Roadways.
e.) Hotel — maximum of six (6) stories.
f.) Bank
g.) Coffee Shop
h.) Child Care / Pre K (Requires Special Exception)
i.) Gym/ Yoga
j.) Dry Cleaners
k.) Florist
1.) Bakery
m.) Paint or Hardware Stores
n.) QSR (Fast Food), (2 Maximum), such as Chick-Fil-A, Arby, McDonalds etc.,
o.) Sit-down Restaurant such as Long Horn, Cheddars etc.
p.) Car Wash; No outside vacuums unless shielded from all roads public and private
q.) Auto Parts Store
r.) Urgent Care
s.) Dental and Medical Offices
t.) Optometrist Office
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Prohibited Uses:
a.) Automobile Sales Retail or Wholesale
b.) Banquet Room
c.) Bait and Tackle Shops
d.) Check Cashing Establishments
e.) Mulching Facilities/Green Recycling of waste;
f.) Recreation Vehicle Park;
g.) Pawn Shop;
h.) School;
i.) Self -storage Facility
j.) Equipment Sales;
k.) Monument sales;
1.) New/used car sales;
m.) Boat Sales and Service;
n.) Automobile Repair;
o.) Automobile Body Repair;
p.) Nursing Home;
q.) Medical Marijuana Dispensaries;
r.) Medical Marijuana Cultivation;
s.) Tobacco /Vaping Shops
t.) Pet Sales, or adoption
u.) Pharmacies;
v.) Stand Alone ATM's.
w.) Temporary Sales using a tent such as Fireworks, Christmas Trees, Valentine's Day
x.) Tire store
y.) Tobacco or Vape Store
z.) All prohibited uses identified in accordance Article V, Section 5-8 (B), City of Ocoee
Land Development Code.
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