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Item 09 Second Reading of Ordinance for Commerce 429 (fka Beltway 429/fka Progress Commerce Park PUD) – Annexation, Small Scale Comprehensive Plan Amendment, Rezoning to Planned Unit Development (PUD) & Large Scale Preliminary Site Plan
Contact Name Contact Number `` ' Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: December 7, 2021 Item #: Reviewed By: Michael Rumer, Development Services Department Director: Director 407-554-7083 City Manager Subject: Commerce 429 fka Beltway 429 fka Progress Commercial Park PUD Annexation, Small Scale Comprehensive Plan Map Amendment, Rezoning to PUD / PUD Land Use Plan, and Large -Scale Preliminary Site Plan Project No(s): AX-01-21-01, CPA-2021-001, RZ-21-02-01 & LS-2021-002 Commission District #1 — Larry Brinson Sr. Background Summary: First Reading of Ordinance was held on Tuesday, October 19, 2021 Owners: Progress Commercial Park, LLC2322. Applicant: McCraney Property Company, Owner/Applicant Site Location: The proposed project is located on the west side of Ocoee Apopka Road, east of SR 429 and 2,900 feet south of Fullers Cross Road. The site is located within the "SR 429 Business Character Area Overlay". Parcel Identification Number(s): The project site consists of four (4) parcels: 07-22-28-0000-00-026, 07-22-28- 0000-00-096, 07-22-28-0000-00-024, and 07-22-28-0000-00-066. Property Size: +/- 39.96 acres Existing Future Land Use: Low -Density Residential (LDR) — Less than four dwelling units per acre Existing Zoning: Orange County A-1 (Citrus Rural District) and Unclassified. Actual land, use proposed land use and unique features of the subject property: The property abutting Ocoee Apopka Road (PID 07-22-28-0000-00-026) has an agricultural exemption for the cultivation of blueberries. Parcel ID 07-22-28-0000-00-024 has a single-family residence, and the remaining parcels are wooded undeveloped land. The future land use and requested initial zoning classification of the subject property are as follows: CURRENT PROPOSED Jurisdiction/Zoning City of Ocoee Low Density Residential (LDR) City of Ocoee Light Industrial FLU & Classification FLU PUD (Planned Unit Development) Zoning Orange County / A-1 (Citrus Rural District) & Unclassified Zoning Classification The current future land use desianations and zonina classifications of the surroundina properties are as follows: DIRECTION FUTURE LAND USE ZONING CLASSIFICATION EXISTING LAND USE North Low -Density Residential Orange County RCE (Rural Country Estates) One -Acre Subdivision East Low -Density Residential Orange County A-1 (Citrus Rural District) Single -Family Dwellings South Low -Density Residential City of Ocoee A-1 Vacant West SR 429 Toll Road SR 429 Toll Road SR 429 Toll Road • The original application for Large Scale Comprehensive Plan Amendment was made before a new state law increasing the size of a Small -Scale Land Use Map Amendment from 10 acres to 50 acres went into effect on July of 2021. The application and information that went to P&Z was for a Large -Scale Amendment. Due to the new law, the application has been revised to a Small - Scale Amendment. The applicant is proposing an Annexation, Small -Scale Comprehensive Map Amendment from Low -Density Residential (4 D.U./Acre) to Light Industrial, rezoning to PUD and a Large -Scale Preliminary Site Plan in order to develop 482,940 s.f. of Light Industrial/Warehouse use located within eight (8) buildings. The property is located within the SR 429 Business Character Area Overlay. Although the Business Character Area does not intend to facilitate this type of development in the subarea, the applicant and City Staff have worked diligently to develop a project size and layout that will meet the intent and desired outcomes of the overlay. Special conditions and criteria that make this project unique and beneficial will be used as new code requirements for the Ocoee Apopka Road Corridor and Business Character Area. The proposed Commerce 429 will provide the much -needed extension of Sewer Service to the area via its contribution towards a new public master lift station. Additionally, right-of-way dedication and a 12-foot trail will be provided along Ocoee Apopka Road. The applicants will improve Ocoee Apopka Road with right-of-way dedication, add turn lanes and construct a new east/west public roadway that will open new properties to development with the future extension of Pine Street. Please See the Commerce 429 Annexation Justification document, Comprehensive Plan Amendment Justification document, and Large -Scale Site Plan Justification document. " Assumes 73.17 acres/4 DU V, Utilities: The site is located within the City of Ocoee's service area and is proposing to connect to public utilities for water and sewer. There is an existing 12" water main and force main on the east side of Ocoee Apopka Road; however, central sewer is currently not available and will need to be provided. Transportation / Traffic: The proposed PUD accesses Ocoee Apopka Road and will create a new east/west public road that will eventually connect to the extension of Pine Street. Further comments will be made at the Planning and Zoning Commission public hearing. Schools: The Small -Scale Comprehensive Plan Amendment from Low Density Residential to Light Industrial will eliminate use of the property for residential uses and reduce the potential for future student demands on the public -school capacity. Public Safety: The nearest Fire Department is Station 38, located on 313 West Road, approximately one-half mile from the project site. The estimated response time is less than two (2) minutes. The Police Sub Station is also located one-half from the subject property, with an estimated response time of three (3) minutes from within the enforcement zone. Drainage: The subject site is located within the Apopka Drainage Basin and, therefore, must meet the requirements of Section 11.7(a) SJRWMD Management and Storage of Surface Water Handbook and Wekiva Study Area Best Management Practices (BMP's). The design of the drainage system will be evaluated in more detail before final engineering approval. Recreation and Open Space: No impacts on recreation facilities are proposed. The applicant will be required to provide thirty-five (35) percent open space. Special Districts: The site is located within the Wekiva Study Area but does contain one of the protected features. Issue: Should the Honorable Mayor and City Commission approve ordinances for the Annexation, Small -Scale Comprehensive Plan Amendment from Low -Density Residential to Light Industrial, rezoning to PUD (Planned Unit Development)/PUD Land Use Plan and Large -Scale Preliminary Site Plan for Commerce 429 fka Beltway 429 fka Progress Commercial Park? Development Review Committee Recommendation: On June 21, 2021, the DRC met to determine if the proposed Annexation, Comprehensive Plan Amendment, rezoning and Large -Scale Preliminary Site Plan were consistent with the City's regulations and policies. When the discussion was finished, the DRC voted to recommend approval of the Annexation, Large -Scale Comprehensive Plan Amendment from Low Density Residential to Light Industrial, rezoning from A-1 to PUD/Land Use Plan, and Large -Scale Preliminary Site Plan for Commerce 429 fka Beltway 429 fka Progress Commercial Park subject to the following conditions: Staff comments being finalized; Review of the transportation study being completed and any traffic issues addressed, Based on a recently completed Utilities Study, the project requires the construction of a master lift station to be dedicated to the City of Ocoee. The applicant is responsible for all applicable onsite improvements to serve this project and capital and connection fees for this project. The applicant shall participate in a pro rata cost share 3 based on the study currently being performed by Reiss Engineering for sewer improvements, including a master lift station with connection to the 6" force main on Clinger Cover, which will require upsizing to accommodate additional flows, or the 20" force main on Lakewood Avenue. Point of connection shall be determined by the City. The project's gravity sewer shall provide connection to adjacent parcels and also include construction of a manhole on Ocoee Apopka Road to accommodate future sewer connections. Utilities shall be looped through Pine Street. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission met on July 13, 2021, and reviewed the proposed Annexation, Land Use Map Amendment, Rezoning, and Preliminary Site plan. The Planning and Zoning Commission had discussions and differences of opinion on traffic and buffers. Each vote for the sperate motions passed on 3-2 votes except the annexation which was 4-1. A copy of the P&Z minutes is attached. Recommendations: Staff recommends that the Honorable Mayor and City Commission approve ordinances for the Annexation, Small - Scale Comprehensive Plan Amendment from Low -Density Residential to Light Industrial, rezoning from A-1 to PUD (Planned Unit DevelopmentHPUD Land Use Plan and Large -Scale Preliminary Site Plan for Commerce 429 fka Beltway 429 fka Progress Commercial Park, subject to the conditions recommended by Staff. Attachments: Location Map; Aerial Map; Future Land Use Map; Proposed Future Land Use Map; Surrounding Zoning Map; Commerce 429 PUD Land Use Plan / Large Scale Preliminary Site Plan; Comprehensive Plan Amendment Package; Traffic Study; Ocoee Apopka Road Exhibit; Natural Resource Assessment; Architectural Criteria Statement; Renderings; Minutes of Planning and Zoning Commisison Meeting; Development Agreement; Commerce 429 Architectural & Site Development Standards Ordinance Annexation; Ordinance Small Scale Land Use Amendment; Ordinance Rezoning to PUD. Financial Impact: Type of Item: (please marls with an 'Y) ® Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda ® Ordinance Second Reading X Public Hearing ❑ Resolution ❑ Regular Agenda ® Commission Approval ❑ Discussion & Direction ❑ Original Document/Contract Attached for Execution by City Clerk ❑ Original Document/Contract Held by Department for Execution CI Ti tit Olt, Progress Commerce Park PUD Aerial Map VZ" 0 90 180 360 Feet N Ocoee 11•1Itl• Development Services Department 0 255 510 1,020 Feet Created: February 2021 QSubject Property Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) `,M Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) ■ General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) %/ Unclassified Progress Commerce Park PUD Surrounding Zoning Map J � � ��:}-�,•Jr tiLZJ�• ti•{'J`ti'.}:Jl• 111TEN � �� ,♦ �111111�11 111■II �� � "' � ♦ j � _IIII■1111 ■ICI■� `�� �� ♦ ,_,_ �- _�11111111 ��� I , �,�' , ■� Clll III !';rr��naf~�r_. - �'•� �r„�� ��titI1111tit� =111� 111 'LIiii ■■■■ : _ �� Itttt t1!allilill� �.rlalL>�£� I ■■� j � � �� It111111111�1"�If�� �1■1 �� i�7r�j � � _IIIII 111 �!'� =11111 III n o11 ■■► ■ 7 loll � �■ �■�!l1�11111 ;ti f � � ■■ ..�,aoYl■■1 � ■� .an_rcr• LEGAL DESCRIPTION, Nlla n/.� v n¢.m,„,a. mNWv nnl vWa v Wa Ia,eW.er NNA,m n/n aueRR U/0 n aural ). )Pmmav a eYm,. oAra a uen mv¢ mart, _ _ n/nvWWAmaammN�n/n ��tYi/i)m�[�ew._-mm�ow��Neiat Ymo MArNgeOly[ b ra uv ma-- 01)mm tan Wa�a Nmmoa�aNagam eat aA.. n/o v,� PmIN�t memm nro v 1K imPaAsrou m nrmtlm Mewnau�r m�mwm s /�km mA praw.a�ia m mm m rm�m,ar tea II�aO eMaaWmtamWAfr auRia °rn°mvt ¢ Imrt v�amm:4mM� nm an m�mli i �4 oeo� le a�1Mrti m S m.4M� L1/QPR ➢IC m�n¢Mlm G [�vCt(n (,wm4�ua D[ SDI n/n v,K � Insa)' a'�'vN.laivn n,� �� wuml (w1 v vx>olaar rze 0/0 Nm Txfi emm NNI ny Ix6 m4oR.er amm D/4fuxa aaPAxmm� (1/q/Q 6 9E famYm PYRIv1 n/Q av ). lo�'n® a n%Q otM Namn:�ial aua�im n/4 �/ei� �r .�rm�a�a� mow ),Foams v emnL n m.aa(nilsWa,mLeW..rm,.min/.1sWa NWa �/'o a mimL R„4i a as m.ea mem6 rtamA mNe(aWz a rm. m.Na�a�A ��ers P�Dae.�m. � u tam.: .4-P�tATrvP I . H19'S2'31'E LAND USE N21.38' I10 - RESIDENDAI s4zzs'1e•E I 2Lm - 420 UPPo AL UPlANO ARDN000 135.0U' em - H i0RE5T sm - mXN 00 - WeiLAND iDRESRD 110 — LWD use.--ARON an aAx S05'11'56•E VEC LtND USE OE1DlEARIXi DN PLAN 203.00' II zwx¢ e-a I - I 512'IB'44•E - _ I 1'2Z 1 .aa I I ,s 61211 PARKING DETAIL N.T.S. OWNER/DEVELOPER PRDdiM cCMYERCE PARK, 11F 2257 VISTA PARKWAY. STE 15 WEST PAW BEACN. R 3]411 381-4)6-0.10D 9CPRPENIERWILCRAHEYPROPERIT.C'ON PLANNER PUN k DE9(2A LLC A2) N. OUVE AVE WEST PAIL B M 1 33401 581-)91-421> ewanaPLANArooEvcx.rou ENGINEER 6MDEY h ASSDCIA.% INC. ID28 COYNERCE —Fw SN1E 2 AIP(iER, R ]M456 551-)4)-6T35 NSNDSYa9AREY-A550.']An— SURVEYOR 05YAN AIRVEIWO R YAPPiNO 0. BI5IJAN.P.061 P ]610 fl, W1NL3E AVE tl1RNONT. iL J4)11 m-Dos aen ARONfSIDHYANSURVEWNC.CON ARCHITECT C4 PRCMIECNE IJS W. CQIT;f! BlVO. `RlANDO. R J26Dt e)-J63-61J6 CSRLANANANOC4ARCH1IECNRECON FLOOD PLAIN PAxTs oc snE MDDN M. —D ZOVE A/E IDF NRVEY MONAD YARON 6CALE: 1•�1DD' 02o sD, 1qD zqo SqD LOCATION MAP S7, T22 S. R20 E SITE DATA: w, ama'Pbrh". eo0p1� mauRa pA mm>�wI DD ® eenst m aenvlmW(aal mr mamW,lmoa ���wvm uuan vuv wvax Ief IaW ommovwl (vr¢trumam[) TmiAeuwu��' Mlm N43 ✓1 .w'�e:a ru ar�vm �(Imomva am stl enmm 3 ""'°v(PSnm Y1 na v,D)K am m5 �',�nPSnmP n D ndnaaR®v.lauemmmDvl rT wv�nW� +ve mm z.11 m v raa e>W mvaeal v.r a A SMILEY & COMMERCE W#20-OD7 =ASSOCIATES,. 429 MASTER SITE PLAN ORT DRT FOR PROGRESS COMMERCE PARK, LLC PRELIMINARY OCOEE. FLORIDA CADDHG H42B PL-V'u,�N NO)EE DATE 11 30 21 PLAN & DESIGN COMPREHENSIVE PLAN AMENDMENT PROGRESS COMMERCE PARK On behalf of Progress Commerce Park, LLC (the "Applicant/Owner") we are pleased to submit for your consideration a request for a large-scale Comprehensive Plan Amendment. The Applicant has purchased +/-39.965 acres of land located at the southwest corner of Ocoee Apopka Road and Demastus Lane within the municipal limits of the City of Ocoee, Florida. The land is comprised of 4 parcels that have a variety of current uses. A large portion of the eastern area of the land was utilized as a berry farm that has currently ceased operation. A second large portion to the west and adjacent to State Road 429 was historically used for citrus groves, but is currently fallow; and, a two -acre portion located to the south possesses a residential dwelling. A request to annex the property with initial rezoning to a City of Ocoee zoning designation has been requested concurrently with this application. The future land use of the property is Low Density Residential (LDR). The property is located within the Joint Planning Area of the City and within the Winter Garden -Ocoee SR 429 Land Use + Economic Development Study and Master Plan area which was created in 2014. More specifically, it exists within the 429 Business Center Character Area and is subject to the Business Center Design Plan regulations when it is to be developed. The Applicant intends to change the future land use from Low Density Residential (LDR) to Light Industrial (LI). The request to amend the Comprehensive Plan is consistent with numerous Objectives and Policies of the Plan as outlined below. Further, the aggregation of the subject properties and the request to change the future land use to Light Industrial will allow for the creation of a light industrial warehouse and logistics center at this location creating and encouraging economic development along the State Road 429 corridor. The request is consistent with the following Goal, Objectives and Policies of the City's Comprehensive Plan. CITY OF OCOEE COMPREHENSIVE PLAN XIII. GOALS, OBJECTIVES, AND POLICIES GOAL: TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEALTH, SAFETY, GENERAL WELFARE, AND AESTHETICS THROUGH THE PROVISION OF APPROPRIATE LAND USES BY ESTABLISHING AN APPROPRIATE PATTERN OF LAND USE AND DIRECTING DEVELOPMENT ACCORDINGLY (9J-5.006 (3)(a), FAC). The request to amend the Comprehensive Plan for the subject property will begin a re -visioning of Northwest Ocoee in compliance with the standards of the 429 Business Center Character Area of the Winter Garden - Ocoee SR 429 Land Use + Economic Development Study and Master Plan (Master Plan). The Master Plan recognizes the need to locate lands and industrial / economic generator -type uses adjacent to the 429 Expressway consistent with the City's Comprehensive Plan. Introducing light industrial uses in this location will create numerous direct and indirect employment opportunitiesfor residents of the City and surrounding communities. Effective design will ensure surrounding properties are protected and public safety is enhanced, as well as the public's general welfare and overall aesthetics are achieved through superior site 823 N. OLIVE AVENUE WEST PALM BEACH, FL. 33401 T 561.797.4217 W IPLANANDDESIGN.COM E IPLANADMIN@IPLANANDDESIGN.COM PLAN & DESIGN plan programming. Light industrial uses can be effectively buffered from adjacent properties and quality architecture and building orientation can create an aesthetically pleasing project. With parking and loading activities located at the back of buildings, noise, odors, vibrations can be effectively programmed awayfrom neighboring residential properties. As a self-contained development, the site will also integrate open space into the site programming for the benefit of employees and visitors to the development and protect existing natural wetlands that exist on site. Objective 1: The development of land shall be regulated to ensure that newly developed property and redeveloped property is compatible (meaning, not in direct conflict with uses with regards to specific zoning categories, density and intensity) with adjacent uses and natural features and resources including topography, vegetation, and soil conditions (91-5.006 (3)(b) (1), FAC). Additionally, the City recognizes the Wekiva Study Area and shall create policies to protect the most effective recharge areas, karst features, and sensitive natural habitats as depicted on the following maps as adopted in the Future Land Use Map Series: "Most Effective Recharge Areas/Soil Conservation Service Type "A" Soils, "Karst Features/Closed topographic depressions", and "Sensitive Natural Habitats". Within the Wekiva Study Area, properties with development entitlements shall be exempt. Amending the future land use to Light Industrial will allow for economic development within the Northwest area of the City that will benefit from new investment. The requested future land use is the least intense industrial designation and will create on employment center for the community, the City and the region. Aggregation of the lands from Ocoee Apopka Road (to the east) to SR 429 (to the west) will create a logical starting point for redevelopment and sufficient land area to create an appropriately scaled employment center in close proximity to the 429 expressway and the State Road 438 (Plant Street) interchange. A complete environmental report has been prepared and no recharge areas, karst features and/or sensitive natural habitats shall be impacted by the requested modification. Policy 1.2: The City shall regulate land development through the Land Development Code, to reduce, eliminate and/or prevent negative impacts related to noise, traffic, light, drainage, water and groundwater quality, toxic and hazardous materials, litter, dust, visibility, and other factors. This shall be accomplished by establishing and enforcing specific environmental performance standards, consistent with state and/or federal standards and with the City's technical enforcement capabilities. Standards shall be based on the measurement of the undesirable characteristics at the property line of the land on which the generating use or activity is located and shall be based on performance levels deemed to prevent nuisance to surrounding properties. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Modification of the future land use and subsequent development of the property as a Light Industrial Warehouse and Logistics Center will adhere to the regulations specified in the City's Land Development Code and also the Business Center Character Area Design guidelines as outlined in the June 2017 Business Center Design Plan. Enhanced site programming, landscape design and enhanced buffering shall prevent negative Page 2 of 15 PLAN & DESIGN off -site impacts related to noise, traffic, light; vibration, drainage, water and groundwater quality, toxic and hazardous materials, litter, dust and visibility. Ensuring appropriately scaled buildings engage adjacent rights -of -ways and parking and loading is placed at the sides and rear of buildings will create aesthetically pleasing architectural views into the property. Pedestrian sidewalks and multipurpose paths shall be integrated into the design to encourage walkability throughout the center to and from various uses and to and from on -site open spaces. Policy 1.3: The City shall mitigate impacts by using regulations related to landscaping, setbacks, walls/fences, on -site parking, on -site traffic flow, lighting, signs, pedestrian access, vehicular access and other factors which will mitigate offsite impacts and enhance the health, safety, welfare and appearance of the built environment while providing an effective buffer between uses (9J-5.006 (3)(c)(4), FAC). All future development on the subject property shall implement enhanced site -programming and site - related mitigation techniques to effectively minimize and/or eliminate any potential off -site impacts for neighboring properties. Buffering the proposed Light Industrial use and protecting/maintaining existing natural features (i.e. wetlands) will ensure that the health, safety, welfare and overall appearance of the built environment is enhanced and protected. Policy 1.4: The City shall allow mixed and multi -uses in the Special Overlay Areas (SOAs) which include the Downtown Redevelopment Area, Interchange Impact Areas, and Activity Centers, and shall use strict design criteria to provide an attractive appearance and to offset negative impacts, sprawling development patterns and the proliferation of strip commercial development (91- 5.006 (3)(c)(5), FAC). All future development on the subject site shall adhere to the City's Land Development Code and also the Business Center Character Area Design guidelines as outlined in the June 2017 Business Center Design Plan. The Business Center Design Plan outlines specific design criteria for all types of uses including Light Industrial projects. Policy 1.5: The City shall require that industrial parks develop with internal traffic circulation and buffering from adjacent roads and properties. Integration of a Light Industrial Warehouse and Logistics Center in this location will be executed carefully and thoughtfully to ensure it becomes a premier employment center that is self-contained; engages the adjacent rights -of -ways; and provides enhanced buffering to the neighboring properties. Any adjacent roadway modifications shall be completed to minimize impacts forneighbors and the general public and tine project shall incorporate a network of internal roadways to connect all buildings within the development as well as connect exiting public rights -of -ways (New Lane extension to Ocoee -Apopka Road). Page 3 of 15 PLAN & DESIGN Policy 1.7: The land development regulations shall promote innovative development in those cases where a public benefit can be realized and impact can be offset by the development, as follows: FUTURE LAND USE ELEMENT CPA 2002-1-11-36 ® Utilize Planned Unit Development zoning to allow for mixed uses and unconventional development designs in those cases where the developer can demonstrate increased effectiveness of service delivery, improved living environments, or protection of natural resources such as the Floodplain/Conservation land use classification and the most effective aquifer recharge areas, karst features, and sensitive natural habitats as depicted in the Future Land Use Map series. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.]; and Provide development standards that create useable open spaces in new developments (9J-5.006 (3) (c) (5), FAC). (Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] It is the intent of the Applicant to modify the existing future land use designation and rezone the property to a consistent Planned Unit Development (PUD) in order to effectively develop a Light Industrial Warehouse and Logistics Center. Direct public benefits of the development of such a facility in this area include: upgrading and enhancements to the adjacent public right-of-way (Ocoee -Apopka Road); the extension of sewer and water services to the area; the extension of Pine Street through to Ocoee -Apopka Road (via New Lane); and, economic opportunity to the Northwest area of the City. The project shall integrate useable open spaces throughout the development as well as a comprehensive sidewalk system to enhance the pedestrian environment. Policy 1.9: The City shall only establish new industrial development zoning along major corridors and shall review existing zoning along major corridors in order to minimize the impacts of the industrial zoning. Heavy industrial uses which are generally not aesthetically desirable shall be discouraged along arterial and collector streets or shall be required to provide berms and/or opaque screening or fencing so as to eliminate visibility of building or outside storage area from the street. Access to industrial areas shall be attractively landscaped and signed. Buffers shall be used as set forth in the City of Ocoee Land Development Code. The future land use amendment request is located on and has principal access from Ocoee Apopka Road, which is designated as a collector roadway. As indicated on Comprehensive Plan Map Roadway Improvement Master Plan 2020 exhibit, it is listed as a roadway that will be widened to the south to the Plant Street Interchange all the way north to McCormick Road. It is a significant north -south collector roadway. A traffic analysis of the proposed Comprehensive Plan change indicates that traffic impacts will not be significant for roadways up to 2.5 miles away from the subject site. Policy1.10: The following density and intensity restrictions shall apply within the land use categories established on the Future Land Use Map. Page 4 of 15 iPLAN & DESIGN 6 Light Industrial — FAR 3.0 max. The Applicant shall adhere to the maximum Floor Area Ratio of 3.0 for the subsequent development of a Light Industrial Warehouse and Logistics Center. Objective 2: To provide adequate services and facilities to newly developed or redeveloped property and to protect the ability of those services and facilities to function properly. These services and facilities shall be provided in an economically feasible manner, as outlined in the Infrastructure Element Sub -elements, and shall be provided in a manner to discourage urban sprawl (91-5.006 (3)(1b)(8)&(9), FAC). Modification of the future land use will require the extension and enhancement of such services and facilities as potable water, sanitary sewer, drainage, solid waste and roadways. As the subject property is located within the City's municipal boundary; the Joint Planning Area (between Ocoee & Orange County; the City's utility service area; and is within a redevelopment overlay urban sprawl is not applicable nor shall it occur as a result of approval of such a request. Policy 2.3: The City shall require development to have adequate services and facilities available prior to or concurrent with the impacts of the development, consistent with adopted standards. Services and facilities include potable water, sanitary sewer, drainage, solid waste, roads, and parks. This policy shall be implemented through the Concurrency Management System as defined in the Capital Improvements Element (91-5.006 (3)(c)(3), FAC). All adopted levels of service shall be met concurrent with any subsequent development with the extension of required services and facilities such as potable water, sanitary sewer, drainage, solid waste and roads. Policy 2.4: The City shall allow only land use patterns and development that can be efficiently provided with necessary public services. This shall be regulated through the Concur rency Management System as described in the Capital Improvements Element of this Comprehensive Plan. The Applicant shall identify all necessary enhancements to existing services and facilities to meet concurrency. Policy 2.5: The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy. For the purpose of this Policy, an annexation shall be considered as a logical extension if it is within the limits of the JPA and meets the technical criteria of Chapter 171, Florida Statutes. The boundaries of the JPA are illustrated on the Future Land Use Map. Services will be considered as being properly provided if the existing or planned public facilities Page 5 of 15 PLAN & DESIGN can support the land uses and densities proposed in the area to be annexed consistent with the level of service standards set forth in this plan (9J-5.006 (3)(c)(3), FAC). The subject property is located within the existing City boundary and within a designated Planning Overlay District (the SR 429 Character Area). The Applicant is proposing to voluntarily annex the property into the City of Ocoee, rezone the property and modify the future land use for the purpose of creating an employment center within one of the City's gateway districts and request a modification to the Joint Planning Area Agreement between the City of Ocoee and Orange County. The planned modifications/extension of/upgrading of public facilities will sufficiently serve the needs of the project. Coordination with the City and all applicable service providers will be conducted to ensure all services and facilities meet the adopted levels of service. Policy 2.7: The City shall require new developments to provide necessary services and facilities or to pay a fair share of the cost of those services and facilities. These services and facilities shall conform to the adopted level of service standards. The Applicant will extend/enhance/modify existing facilities where required and/or contribute a pro-rato share to any direct impacts caused by the subsequent development of the property as a Light Industrial Warehouse and Logistics use. Policy 2.8: The City shall encourage development when and where appropriate facilities and services to support it are available (based on the levels of services standards adopted concurrent with this Comprehensive Plan), thereby discouraging urban sprawl and ensuring that concurrency is met. The following policy statements demonstrate how compliance shall be implemented. • Development orders shall not be approved if mandated services are degraded below accepted LOS standards. FUTURE LAND USE ELEMENT CPA 2002-1-1 1-39 • The following public facilities and services shall be available for new development in all urban areas: schools; roadways; solid waste collection; stormwater management; fire and police protection; potable water, sanitary sewer or septic tanks if the soils are acceptable. • Through appropriate land development regulations and provision of effective urban services, the City shall promote infill development within the municipal boundaries. • The City shall assure that adequate facilities and services are available to support the new development as specified in the Concurrency Management System. t The land development regulations shall be enforced to reflect the policy of controlling control urban sprawl. Page 6 of 15 iPLAN & DESIGN The Applicant shall make any required service and facilities upgrades to ensure all services are available to the development and that it meets the adopted levels of service for each respective service, including but not limited to potable water, sanitary sewer, drainage, solid waste and roads. Policy 2.12: The City shall continue to encourage the consolidation of lots or small, shallow parcels in order to encourage development into planned concentrations, as opposed to a linear, strip commercial configuration. The Applicant is consolidating up to 4 large and small parcels of land to create on employment center that shall satisfy the "supporting services" component of the City's adopted 429 Business Center Design Plan. That master plan envisions the integration of an "office and high-tech manufacturing area with supporting services like commercial and residential uses". In this specific instance, the development of a Light Industrial Warehouse and Logistical Center would be considered a valuable support service to future Office, High Tech and Commercial uses both for local businesses and/or regional and national companies. The rezoning to o PUD will provide a well -planned, self-contained and concentrated facility that will protect neighboring properties and on site natural features (existing wetlands). Objective 3: The City shall adopt and implement plans and programs for Interchange Impact Areas, the Downtown Redevelopment Area, and Activity Centers as determined by the City Commission to meet the criteria established by Chapter 163, Florida Statutes to encourage Planned Unit Developments and mixed and multi -use developments (9J-5.006 (3)(b)(2) and (10), FAC). The Applicant is proposing development within one of the recognized Interchange Impact Areas in the northwest area of the City. It is consistent with the 2006 Northwest Ocoee Sector Study. That study identified the importance of development in northwest Ocoee as an important gateway to the City due to the Western Expressway (SR 429) and the two interchanges that serve the City. Amendment of the 2019 Joint Planning Area Agreement will be carried out concurrent with these requests. As such the development of Light Industrial Office Warehouse and Logistics Center uses along SR 429 will help to pull investment to this area of the city and ensure that the needed public facilities to support all new development are planned, installed and operational. Policy 3.3: The City shall provide public services and facilities to all neighborhoods in an effective manner. The Applicant shall provide for the logical and timely extension of required facilities and services to the property in order to service the subject site and ensure adopted levels of service are fully met. Policy 3.4: The City shall develop mixed use zoning provisions within the Land Development Code which shall provide for the implementation of new "mixed/multi uses within a variety of higher Page 7 of 15 PLAN & DESIGN intensity land use categories where the overall impacts of development are determined to be no greater than those that would otherwise result from that permitted by underlying land uses. This ordinance shall provide for such items as internal circulation, compatibility of adjacent uses, functional relationship between mixed uses, provisions of open space and public amenities, and consistency with all requirements of the City's Comprehensive Plan (91-5.006 (3)(c)(5), FAC. The integration of a self-contained, Light Industrial employment center use in a redevelopment area of the City, following the property development standards of the City's Zoning Code as well as the Design criteria of the SR 429 Business Center Design Plan will ensure compatibility with the existing surrounding residential, industrial and transportation (SR 429) uses adjacent to the subject property. Policy 4.2: Proposed commercial and industrial development requiring a change to the Future Land Use Map may be required to submit a market study indicating the economic feasibility of the development and the location advantage over existing commercial and industrial lands. The Applicant has provided a market analysis that outlines the need for Light Industrial uses within this market area and the vacancy rate as well as the amount of industrial needed to serve the marketplace. See attached analysis. Objective 5: The City shall enforce the Land Development Code to protect and properly utilize natural and historic resources in accordance with the Conservation Element and the following policies. The Applicant shall adhere to the applicable Land Development Standards and Conservation Elements of the City's Land Development Code and the Conservation Elements outlined in the following policies. Policy5.1: The City shall protect areas of environmental concern including but not limited to the Flood plain/Conservation land use classification, and the most effective aquifer recharge areas, karst features, and sensitive natural habitats as depicted on the Future Land Use Map series, and areas of scenic and historic value, as identified in the Conservation Element, through development regulations and public programs, including, but not limited to environmental awareness programs at recreational facilities and in schools (91-5.006 (3)(b)(4), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] The Applicant has provided an Environmental Assessment of the subject property. An existing quality wetland has been identified on the site and is proposed to be maintained, enhanced and effectively buffered from any proposed future development. Subsequent development of the property shall ensure protection of this important natural feature. Further, the analysis found that no significant endangered or threatened species habitat exists on the property. Page 8 of 15 PLAN & DESIGN Policy 5.2: The City shall use development regulations to protect air and water quality, flood -prone areas, open space, karst features, natural wetland, sensitive natural habitats, wellhead protections areas and the most effective recharge areas for the Floridian and surficial aquifers. This shall be accomplished by such regulations as are described in Policy 5.3. In addition, the City shall cooperate with federal, state and regional environmental management agencies to identify and monitor unusual activities associated with non-residential uses and to refer observed violations to the appropriate enforcement authorities. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] The Applicant shall adhere to all City, County, State and Federal regulations governing the existing wetland on the subject property. Policy 5.3: The City shall enforce its Land Development Code to protect surface water quality including, but not limited to: restrictions in building setbacks, maximum impervious surface ratios, land use restrictions to ensure compatibility, development limitations in floodplains, and upland and wetland protection. Land development regulations shall include restrictions on development within areas designated as Conservation/Floodplains on the Future Land Use Map. Flood elevations shall not be adversely impacted and the water quality of the water body shall not be degraded. Land development regulations shall provide adequate protection for wetland areas and require central sewer for development within and adjacent to karst features, wetlands or 100-year floodplain areas (9J-5.006 (3)(c)(1), FAC). [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] The Applicant shall protect and enhance the existing on -site wetland that exists to the north and centrally within the subject property. A substantive wetland buffer shall be developed and maintained as part of programming the intended Light Industrial Warehouse and Logistics Center use. A portion of an open ditch that exists to the south of the main wetland (with some wetland plants within it) shall be developed and mitigated. Policy 5.4: The City shall promote the use of upland and wetland corridors and buffer zones as natural reservations, as identified in the Recreation and Open Space Element. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] The Applicant shall create and maintain a significant wetland buffer around the main body of the on -site wetland and shall designate it as a preserve. Page 9 of 15 PLAN & DESIGN Policy 5.5: The City shall, in coordination with developers, evaluate soil potential including but not limited to most effective aquifer recharge areas and karst features. This examination and testing will be done on a site -by -site basis. Specific characteristics and criteria under examination shall be as identified in the Land Development Code. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] Soil analysis on the subject property has revealed up to five (5) soil types that exist across the site and they include: Felda Fine Sand; Immokolee Fine Sand; Smyrna Fine Sand; Wobasso Fine Sand; and, Zolfo Fine Sand. The subject property is not included in the most effective aquifer recharge area nor does it possess karst features. Policy 5.6: The City shall require developers to delineate conservation and floodplain lands, most effective aquifer recharge areas, karst features, and sensitive natural habitats on a site -by -site basis as their development proposals are submitted. The criteria used for the delineation shall provide that development will be guided in a manner that optimizes open space and promotes a pattern of development that protects the recharge capabilities of the land, recognizes property rights and the differing circumstances and varying land use patterns within the Wekiva Study Area. The specific development criteria shall be addressed in the Land Development Code. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] The Applicant has prepared an environmental analysis of the subject property and has delineated the boundary of the on -site wetland. Enhancement, buffering and on -going maintenance of the wetland shall be carried out by the developer. Policy5.7: The City shall enforce the Land Development Code to require development proposals to include the identification of and management plans for rare, endangered, and threatened flora and fauna species consistent with the criteria outlined in the Land Development Code and the Conservation Element of this Comprehensive Plan. Policy Series shall only be permitted in limited instances where development would be severely restricted. If there is no practical alternative, mitigation measures shall be undertaken, consistent with the Land Development Code. The Applicant has prepared an environmental analysis of the subject property and it has been determined that the 'property lies within the Federal Consultation Area for the eastern black roil, sand skink and Everglades snail kite. However, the Property does not contain suitable habitat or required soil types for any of these species..... No rare, endangered, and/or threatened flora or fauna species exist on the site. PolicyS.8: Proposed activities which would destroy or degrade the functions of wetlands or other environmentally sensitive natural habitats or karst features as defined by the Land Development Code or depicted in the Future Land Use Map Page 10 of 15 PLAN & DESIGN The Applicant shall mitigate for any impacts to the open drainage ditch that exists adjacent to the on -site wetland. Pollcy5.9: The City shall continuously plan for and only approve development that is consistent with natural drainage and water storage plans. This shall include special provisions in the Land Development Code pertaining to land -locked drainage basins where projects maybe permitted on a case -by -case basis when unique site characteristics demand a more comprehensive stormwater management approach (9J-5.006(3)(c)(4), FAC). The aggregation of the four (4) parcels into a single property for the development of a Planned Unit Development shall comprehensively address natural drainage flows back to the on -site wetland and will also address all development -related storm water drainage through a system of open on -site retention areas and pipes to achieve legal positive outfoll. Policy 5.12: The City's wetlands shall be conserved and protected from physical and hydrologic alterations by regulating development activities to protect natural water -cleansing features and reduce or prevent discharges of contaminants from urban and agricultural land uses through the Land Development Code. The Land Development Code shall include provisions such as (but not limited to) the use of such natural features in the treatment of stormwater runoff, limitations on destruction of native vegetation and/or land clearing within such natural features, and maintenance of upland buffers and/or environmental swales within a minimum width of twenty-five (25) feet surrounding such natural features. Forthe purposes of this policy, natural features shall include Florida Department of Environmental Protection jurisdictional wetlands (91-5.013(2)(c)(3), FAC). The Applicant has prepared an environmental analysis of the subject property and has delineated the boundary of the on -site wetland. Enhancement, buffering and on -going maintenance of the wetland shall be carried out by the developer. Policy 5.13: The City shall protect and conserve the natural functions of wetlands by directing land uses incompatible with the protection and conservation of wetlands and wetland functions away from identified wetlands. The type, value, function, size, conditions and locations of wetlands will be factors used to consider land use changes where incompatible uses are allowed to occur, mitigation shall be considered and will be based on the regulations set forth in the Land Development Code (9J-5.013(3)(a)&(b), FAC). The Applicant has prepared on environmental analysis of the subject property and has delineated the boundary of the on -site wetland. Enhancement, buffering and on -going maintenance of the wetland shall be carried out by the developer. Page 11 of 15 PLAN & DESIGN Objective 7: The City shall enforce the Land Development Code to preserve existing and future neighborhoods. The subject property is located within a planning overlay district that envisions the development of a range of new uses in this important area of the City (the Northwest district) in close proximity to the 429 Expressway. Superior site planning and building programming combined with enhanced landscape buffering shall ensure existing neighborhoods remain unaffected by the future land use change request and subsequent development of the property as a Light Industrial Warehouse and Logistics Center. Policy 7.1: The City shall enforce standards in the Land Development Code to promote compatibility of adjacent land uses by requiring buffer zones to protect new and established residential areas adjacent to new and established nonresidential, uses. Buffer zones shall be defined within the Land Development Code, based on the following guidelines: a) "Minor" buffers between low-rise (two stories or less) office or multi -family uses and single-family areas, consisting of a minimum of fifteen (15) feet of buffer area supplemented by walls, and/or fences, and landscaping. b) "Medium" buffers between retail commercial or high-rise (over two stories) office and any residential use, consisting of a minimum of twenty-five (25) feet of buffer area supplemented by walls, and/or fences, and landscaping. c) "Major" buffers between any industrial use and any residential use, consisting of a minimum of fifty (50) feet of buffer area supplemented by walls, and/or fences, and landscaping (9J-5.006 (3)(c)(2), FAC). The Applicant shall adhere to the 429 Business Center Character Area Design Criteria for Industrial buildings and sites. Policy 7.2: The City shall permit only low intensity office and low intensity commercial development adjacent to residential areas except where well buffered. The Applicant shall address buffering of the residential uses adjacent to the subject property to the north. The design criteria of the 429 Business Center Design Plan shall be adhered to. Enhanced buffering elements and landscaping shall be utilized to effectively minimize or eliminate off -site impacts to adjacent residential properties. The remaining surrounding properties are SR 429 and Light Industrial uses to the east and south of the subject property. Policy 7.5: To allow for greater open spaces to preserve the most effective recharge areas, karst features and sensitive habitats depicted in the Future Land Use Map series, density may be computed Page 12 of 15 IP1__nN & DESIGN in a defined development project by allowing clustering in certain areas. These clusters maybe of greater density than allowable within the land use designations as long as the total project does not exceed maximum density as designated on the Future Land Use Map. Clustering, pursuant to the foregoing concept, may be controlled by density caps, PUD zoning or a restrictive covenant running with the land with power of enforcement in favor of the City. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] The Applicant shall request rezoning to a Planned Unit Development (PUD) for the purpose of creating a well -planned, comprehensive, and self-contained employment center to serve the surrounding community and greater city and region. The subject property is not located within an effective recharge area nor does it possess karst features. Policy 7.6: Land designated for industrial use should be adjacent to railways and/or major highways. Adequate buffering should be provided from adjacent residential land uses, and office or commercial uses should be encouraged between industrial and residential areas (91-5.006 (3)(c)(2), FAC). The Applicant has aggregated these specific properties into a single unified property for the purpose of developing a Light Industrial Warehouse and Logistic Center due to its adjacency to the State Road 429 Expressway and the close proximity to the SR429 interchange to the south. A support service type use at this location shall encourage future Office, Commercial and Residential development within this overlay district. Policy 7.7: The Land Development Code shall provide for adequate open space within new developments and redevelopment projects. The minimum required open space within any project shall be five (5) percent of the total site. The Applicant shall adhere to the design standards of the 429 Business Center Character Area Design Plan. The required 5 percent open space minimum shall be achieved with future development of the site. 7.7.3: Upland Buffer Retention Swales: Naturally vegetated swales that are 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.] Page 13 of 15 PLAN & DESIGN The Applicant shall develop on -site retention areas to hold stormwater runoff to achieve water quality on - site prior to release offsite to the point of legal positive outfall. LEGAL DESCRIPTION PARCEL A: THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: ALSO: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 88 DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) 31.00 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 00 SECONDS WEST 336.42 FEETTO THE NORTH LINE OF SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE NORTH 88 DEGREES 03 MINUTES 00 SECONDS EAST 40.00 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE SOUTH 1 DEGREE 18 MINUTES 40 SECONDS WEST 336. 93 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4), LESS THE WEST 2 ACRES THEREOF, SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. SUBJECT TO RIGHT OF WAY FOR OCOEE-APOPKA ROAD (AKA STATE ROAD NO. 437) ALONG THE EAST SIDE OF THE PROPERTY. PARCELB: A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1053, AND THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505, PUBLIC RECORDS OF ORANGE Page 14 of 15 PLAN & DESIGN COUNTY, FLORIDA, LYING AND BEING IN THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE NORTHWESTCORNER OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID POINT BEING A 6 INCH BY 6 INCH CONCRETE MONUMENT; THENCE SOUTH 00 DEGREES 18 MINUTES 20 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7 FOR 1321.69 FEETTO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG THE NORTH LINE FOR 624. 53 FEET TO THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY, STATE ROAD NO. 429, ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY PROJECT NO. 75320-6460-602/603 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 10.00 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 520.02 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 290.85 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 1273.05 FEETTO THE EASTERLY LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1052; THENCE SOUTH 19 DEGREES 52 MINUTES 25 SECONDS EAST ALONG SAID EASTERLY LINE FOR 21.38 FEET; THENCE SOUTH 42 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY LINE FOR 135.00 FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 50 SECONDS EASTALONG SAID EASTERLY LINE FOR 203.00 FEET; THENCE SOUTH 12 DEGREES 16 MINUTES 38 SECONDS EAST ALONG SAID EASTERLY LINE FOR 172.00 FEET; THENCE SOUTH 16 DEGREES 26 MINUTES 18 SECONDS WEST ALONG SAID EASTERLY LINE FOR 137. 99 FEET; THENCE SOUTH 06 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID EASTERLY LINE FOR 220.00 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID EASTERLY LINE FOR 395.00 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 08 SECONDS EAST ALONG SAID EASTERLY LINE FOR 43.00 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EASTERLY LINE, ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7, FOR 610.07 FEETTO THE NORTH LINE OFTHE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE FOR 626.00 FEET TO THE EAST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE FOR 328.65 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505 FOR 34.27 FEET TO THE AFORESAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 328.32 FEET TO THE POINT OF BEGINNING. PARCEL C: THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4OFTHE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET THEREOF. ORANGE COUNTY. FLORIDA. THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET OF THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCELS CONTAIN A TOTAL OF 39.965 ACRES, MORE OR LESS. Page 15 of 15 January 2021 • rf' •. KSTtM f JA Transportation Demand Analysis for a Comprehensive Policy Plan Amendment LTEC A'2 20-5302 Luke Transportation Eygineerigg Consultants, Inc. This Page Intentionally Left Blank 20-5302 Progress Commerce Park — City of Ocoee TDA Page I ii Ln*e Transym•tation EnAiiiee�ltants B PROGRESS COMMERCE PARK CITY OF OCOEE, FLORIDA Transportation Demand Analysis for a Comprehensive Policy Plan Amendment Prepared for: McCraney Property Company 189 South Orange Avenue, Suite 1170 Orlando, FL 32801 Prepared by: Luke Transportation Engineering Consultants, Inc. P.O. Box 941556 Maitland, Florida 32794-1556 January 2021 Page I iii 20-5302 Progress Coieiiierce Par* — City of Ocoee TDA Luke Transportation EggineedMConsultants, Ine. This Page hitentionally Left Blank 20-5302 Progress Commerce Park — City of Ocoee TDA Page I iv LnkeTransyortatiosEy itteerinxConsrrttasts Ltc. TABLE OF CONTENTS INTRODUCTION.......................................................................................................................1 Purpose.................................................................................................................................1 StudyMethodology............................................................................................................4 ProposedDevelopment.............................................................................................................. 9 TripGeneration...................................................................................................................9 TripDistribution.................................................................................................................9 Existing Traffic Conditions.....................................................................................................11 Roadway Level of Service Analysis...............................................................................11 Planned/Programmed Roadway Improvements.........................................................11 Projected Traffic Transportation Assessment.....................................................................19 Analysis of Projected Traffic Conditions.......................................................................19 Transit.................................................................................................................................42 Pedestrian...........................................................................................................................42 Park& Trails......................................................................................................................42 StudyConclusions....................................................................................................................43 StudyConclusions............................................................................................................43 APPENDICES............................................................................................................................ 45 Appendix A — 2025/2040 Project Trip Distribution Plots............................................47 Appendix B — Backgrormd Traffic Volumes Trend Analysis.....................................51 AppendixC — WOT Trail Map........................................................................................57 Page I v 20-5302 Progress Counveree Park — City of Ocoee TDA Luke Transportation Engineering Consttltaets, Iirc. FIGURES Figure1 - Site Location................................................................................................................ 2 Figure 2 — Property Boundary Layout...................................................................................... 3 TABLES Table 1— Property Land Use Comparison...............................................................................1 Table 2 - Potential Study Impact Area Determination........................................................... 5 Table 3 - Estimated Trip Generation....................................................................................... 10 Table 4 — Study Roadway Parameters & LOS........................................................................12 Table 5 - 2025/2040 Study Roadway Parameters...................................................................16 Table 6 - 2025 & 2040 Background Traffic Calculation......................................................... 20 Table 7 - 2025 AFLU Maximum Density LOS........................................................................ 23 Table 8 - 2040 AFLU Maximum Density LOS........................................................................ 26 Table 9 - 2025 PFLU Maximum Density LOS........................................................................ 30 Table 10 - 2040 PFLU Maximum Density LOS...................................................................... 33 Table 11- 2025 PFLU Proposed Density LOS........................................................................ 36 Table 12 - 2040 PFLU Proposed Density LOS........................................................................ 39 20-5302 Progress Coataterce Park — City of Ocoee TDA Page I vi Lnke Transportation DigUreernig Consrdtants, lire. INTRODUCTION Purpose The purpose of this study is to assess a Comprehensive Policy Plan Transportation Amendment for adopted land use of a parcel located in Orange County, Florida into the City of Ocoee, Florida. The proposed development site is a ±39.965-acres parcel which will have access via Ocoee -Apopka Road (CR 437) and Pine Street. Figure 1 depicts the location of the development parcel and the adjacent roadway network. This analysis was undertaken to support an application to amend the Comprehensive Plan, changing the existing Orange County classification (Industrial with a FAR of 0.75) to the City of Ocoee classification (Industrial with a FAR of 3.0). Table 1 is a comparison showing the adopted future land use (AFLU) maximum density, the proposed future land use (PFLU) maximum density and the proposed future land use proposed density. Figure 2 shows the conceptual site plan. TABLE i PROPERTY LAND USE COMPARISON Land Use 12025 Development Densq39.965Acres 1 2040 Adopted Future Land Use (AFLU) - Maximum Density Industrial (1) 1,305,657 SF 1,305,657 SF Land Use Development Density - 39.965 Acres 2025 12040 Proposed Future Land Use (PFLU) - Maximum Density Industrial (2) 5, 222,626 SF 1 5,222,626 SF Land Use Development Density - 39.965 Acres 1 2025 12040 Proposed Future Land Use (PFLU) - Proposed Density Industrial 480,56o SF1 480,560 SF (i) Orange Counly FAR 0.75. (2) CinyofOcoee FAR 3.0. Luke Transportation Lngimering Consultants, Inc., 2021 A comparison between the Adopted Future Land Use (AFLU) maximum land use density, the Proposed Future Land Use (PFLU) maximum land use density and the proposed land use (PLU) density is also provided in Table 1. Under the AFLU maximum land use density the proposed industrial development parcel will allow a maximum density total of 1,305,657 square feet of industrial space. Under the PFLU maximum land use density the proposed industrial development parcel will allow a maximum density total of 5,222,626 square feet of industrial space. The proposed land use industrial density will consist of 480,560 square feet of industrial space. 20-5302 Progress Cmioierce Park - City of Ocoee TDA Page 1 1 Luffe TraHS artation En iueerlrr Consultants Inc. Nil W a M pff 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 3 Luce TransportationEngineerigg m dtams,Inc. Study Methodology The methodology used for this study was developed to be consistent with the transportation methodology standards adopted as part of the City of Ocoee Comprehensive Policy Plan. Data utilized in the study consisted of land use data provided by Project planners, traffic volume data/level of service standards obtained from the City of Ocoee, Orange County, FDOT and planned improvement's information from the MPO. Based upon the study methodology assumptions, the impact area will consist of collector and arterial roadways within a 2.5 mile -radius impacted by Project trips that are equal to or greater than 3% of the adopted level of service (LOS) capacity of the study roadway. Table 2 was developed to show the Project impact area based on 3% of the adopted level of service (LOS) P.M. peak hour peak direction service volume threshold. Table 2 lists the City of Ocoee roadways, lists the number of lanes, the adopted LOS standard, adopted service volume, 3% threshold volume, Project trip distribution based on the CFRPM V6.1 2025/2040 Long Range Transportation Model assignment for the PFLU, maximum Project trip volume for each roadway segment and a determination of significance. Based on the minimum 3% criteria, 55 roadway segments are significantly impacted. Therefore, the roadways highlighted in blue and the other roadways within the 2.5-mile radius were evaluated as part of the Transportation Demand Analysis for a Comprehensive Policy Plan Amendment. Page 1 4 20-5302 Progress Commerce Park — City of Ocoee TDA Luke Tramsyortation Enkineerinz Consultants, Inc. TABLE 2 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 5 Luke Transportation Eggineerin>' Carsultmrts, brc. 'FABLE 2(Continued) Cl •of0coee Study Potential Stady ❑nmct Area DeteendilnHOn Ado rted (o 3%of 2025 204o project Y.M. peak Natna Fanetional x Adopted Y jec['Rip 2028 Project'frip 2040 %of 3% _Roodaay Pmm 'o Ctacs Lanes w, Ca> LOS Distribution Ylirs Distribution 'his L.OSStd Si ? 'tbmyn Rd/Old Winter Gallen Road Collector q D 35,82o r,o7.1.6 39% ".,0 35% 907 282% Nu ALmn amet Rd Hlukwood Ace/lWite Rd Collector z D Iz,58n 3W4 0.1% 13 0.5% 130 L03$ No Ocoee Hill. lid S.R.438/Flmvelling St Collector z U 12,580 3n4 o.o% o 0.0% 0 0.00'L No Maguire Rd/Itleford Ave Alinor Arterial 4 R 35,82o I,074.6 z.b% 661 1.8% qb6 1.85% No Rlack%ro dAve/ Hemple Ave Alinor Arterial 4 C 35,8zo I,o74.6 4.1% 1,062 za% 631 2J6% No Orlando Acc Hlu(ord Ave(Jtanlgomcry Ave Collector z D r a2o 399.6 0.9% 223 0.9% 233 1.75% No Rco is St Ia1.e1 oal Are( Ftewelling St Collector 2 D 13.32o 3996 1.z 3D f 1 285 233% No Russell or I4ew�elling St/Willow Creek Rd Collector z D r3�3zo 3996 o.4% 104 0.4% Iej4j 0.986 No Page 1 6 20-5302 Progress Commerce Park — City of Ocoee TDA Luke Transvortation Engineering Consultants, Inc. U&e ]lvmspormNon Engineering Consulhngs, Lic., 202, 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 7 Luke Transportation Ert�onsrrltauts, Ine. This Page Intentionally Left Blank Page 1 8 20-5302 Progress Commerce Park — City of Ocoee TDA Lyke Trnxsportation EuQieMdM Coxsaltaats, Me. Proposed Development The existing Adopted Future Land Use for the property included in this study is Rural/Agricultural. The proposed land use for the property is Natural Resource / Utility. The existing and proposed land use densities are shown in Table 1. To determine the impact of this development scenario under the current AFLU and the PFLU, an estimate of the trip generation characteristics was determined. This included the determination of the site's trip generation and distribution/assignment of these trip generation characteristics to the study roadways. Trip Generation Based on the current (1011, Edition) ITE Trip Generation Report calculation methods, a comparison between the AFLU, the PFLU and the PLU is provided in Table 3. Two different comparison scenarios are provided. The first is the development parcel trip generation based on the Orange County (AFLU) maximum land use density (1,305,657 SF) and the City of Ocoee (PFLU) maximum land use density (5,222,626 SF) and the second is a comparison between the Orange County (AFLU) maximums land use density (1,773,328 SF) and the City of Ocoee (PFLU) proposed land use density (480,560 SF). As can be seen, when compared with the AFLU generated estimated traffic volumes, the PFLU maximum density results in an increase of 19,428 daily trip ends, an increase of 2,742 A.M. peak hour trip ends and an increase of 2,468 P.M. peak hour trips ends. However, under the second comparison scenario, when compared with the AFLU generated estimated traffic volumes, the City of Ocoee PFLU proposed density (480,560 SF) results in a decrease of 4,092 daily trip ends, a decrease of 578 A.M. peak hour trip ends and a decrease of 520 P.M. peak hour trip ends. Trip Distribution The distribution and assignment of project trips were based upon the CFRPM V6.1 2025 and 2040 Long Range Transportation Model assignments. The model network included all planned and programmed roadways and improvements within the impact area. The socioeconomic data used reflects the 2025 and 2040 model analysis years, which include a reasonable assessment of future development patterns. The socioeconomic data was updated to reflect the proposed development in a separate traffic zone. Subsequently, a selected zone assignment was performed to determine distribution of site trips in the impact area to the area roadways. Copies of the model 2025 and 2040 AFLU and PFLU development distribution plots are contained in Appendix A 20-5302 Progress Conanerce Park — City of Ocoee TDA Page 1 9 Luke Transvortation EnPineerinx Consultants litc TABLE 3 Estiniated'IY•i Generation (i) - AFLU Mamniuni Density Land Use Size ITE Code (2) Trip Generation Rates Traffie Volumes A.11f. Peak Hour P.\I. Peak Hour Dail A.M. Peak Hour PJAI. Peale Hour Daily 'total Laster Exit T'otld Raster Exit Total Enter I Exit I Total I F-nter Exit AFLU (Orange County FAR - o.75)=Maxuaun>.IJensit}•_ _ 1 0.08 1 0.63 0.08 0.5,5 6,476 914 1 804.. 110 822 107 715 Industrial 1,305.657 SP __ 110 / It 1 4,96 0.70 1 0.62 AFLU➢faxiuuat Density Total G,g76 9Lq 4 4 1 ll-T 8122 107 1 715 Estimated Trip Generation 0) - PFLU Maximum Density Laud Use Size ITE Code (2) Trip Generation Rates Traffic Volumes Daily A,l1i. Peak HourI P.M. Peak Hotu• A.M. Peak How P.M. Peak Hour 'Total Lntcr Exit Tonal Enter Eiit Daily Total Enter Exit 'Total Enter Tait PFLU (City Ocoee -PAR- .o-1lfaxunum Density_ uo R _496 o.7a0,62 0.08 0.63 0.08 0.55 PFLU Maximum Densitrt Total 25,904 2.5,904 3,656 1 3,656 3,217 3,217 439 1 1 439 13,290 3,290 428 1 428 1 2,862 1 2,862 Indus_Irial 5,222,626 SF Iacrease/(Decrease)in Lard UeeTotaltrips (PFLU➢1ax Density- APLUMaxDeruitU) 19,4z8 (z,74z 2,gt3 3z9 z,468 3zt z,t47 Estimated Trio Generation (1) - PFLU Proposed Densitv Land Use Size ITE Code(2) 'hill Generation Rates Traffic Volumes Dail _ A.M. Pedc Hour Total Eater Exit P.M. Total Peak Hour Enter Exit A.M. Peak Hour_ Daily Total Enter _ Exit Exotal P.Af. Peak our T Ente• Exit PPLU Applicant PAR- 0 203)-Promsed Density:. Industrial_t 48o,56o SF uo R 4.96 0.7o _._a.Gz_ 0.08 0.63 0.08 0.55 Proposed Load Use Proposed Density Total ,,,_„__?,38L1 2,384 1 336 336 296 29G 0 qo 302 302 L 39 1 39 263 1 263 Increase/(Decrease)Li Laud Use Tataln•ips(PlLUPcopose<l De,uity-APLU.11a easitU) (q,o9z)) (578) (508) (70) (520) (68) (452) (1) DIP generation calculationsjro,n loth Muvar of ITE DIP Generation Reporg 2017. (2) ITS land Use Code Number/R= Ave) age Dip Rate Lake Tr,av portation Ene inee'6,y Gbnmdtmas, Le., 2021 Page 1 10 20-5302 Progress Commerce Pat* — City of Ocoee TDA Like Transportation EugineerinQ Consultants, Inc Existing Traffic Conditions The existing traffic operations near the site were evaluated for the study roadways within the 2.5-mile radius impact area. This included the study roadways which were analyzed for daily and P.M. peak hour conditions. Roadway Level of Service Analysis Table 4 is a summary of traffic parameters and existing level of service (LOS) for the study roadway segments to be impacted by the proposed land use change. This table lists the numbers of lanes, roadway functional classification, City adopted LOS standard and roadway service volume for each roadway segment. This table also shows the 2019 daily and P.M. peak hour traffic volumes as well as the peak hour peak direction LOS. As Table 4 shows, all but 10 study roadway segments currently operate within their level of service standards. The roadway segments which exceed the available roadway capacity for both the daily and P.M. peak hour are as follows: • Clark Road between A.D. Mins Road and Hackney -Prairie Road, • Clark Road between Hackney -Prairie Road and Clarcona-Ocoee Road, • Good Homes Road between SR 50 and Balboa Drive • Good Homes Road between Balboa Drive and White Road, • Maguire Road between Gotha Road and Roberson Road, • Maguire Road between Story Road and Kissimmee Avenue, • Maguire Road between Kissimmee Avenue and SR 438 (Franklin Street), • Old Winter Garden Road between Bluford Avenue and Blackwood Avenue, • SR 438 between East Crown Point Road and SR 429, and • West Road between Ocoee -Apopka Road and Clarcona-Ocoee Road. Planned/Programmed Roadway Improvements Programmed Roadway Improvements (funded withhn the next five years): • Ocoee Apopka Road and Fullers Cross Road -Intersection improvements. Planned Roadway Improvements (not yet funded): • Complete Streets Study for SR 438 (Franklin Street)/Ocoee Apopka Road/SR 438 (Silver Star Road) - Multi -lane corridor improvement for SR438 and segment of Ocoee Apopka Road by 2040 to include roundabout at SR 438 (Franklin Street) and Bowness Avenue. 20-5302 Progress Cooi nmrce Park — City of Ocoee TDA Page 1 11 Litke Transportation EligineerinQ Consnitants, Iiic. TABLE 4 Stud Roadaa•Paranreter and Existing Level of Scmice Roadwn Nmne Functional Class # Lanes Ado t d (1) 2ot9 Traffic Volumes (z) Meets LOS Std7 I IDS Capacity AADT Votunre LOS P.M. Peak Direction P.M. On-Penk Peak Direction LOS prmn/To A.D. Mims Rd I_ lVnrsl Rd Clarke lid Collector 2 _I E 680 6,226 D 323 238 ER D 1'es Clarke Ad A orka-Vineland Rd Collector 2 E 68o 6,2zfi ll 323 238 EB D Yes Adair St _.._ tVurstRd Clarcona-Ocoee Rd Collector 2 D 6qo q,z72 C 2ot 1 SR C Yes Dtackxood Al•e --........ _... _... _._....._... .._ Old1.1 n1 rGarden Rd. SR5o Collector -g D 1,470 9,580 C 497 SB C Yes SI25o Monl mne Ave Bl.lord Avc Collector 2 D 640 5,800 C 279 260 - - NB C Yes Old Winter GmdenRd./SR So _, __ Collector 2 D 640 _ A958D__ 56 349 NB D Yes S.li.5o Geneva St Atinor Arterial 2 D 640 7,76'} D -A96 329 NB D Yes Geneva St Orlando Rd- Minor Arterial 2 D 640 8,o68 D 535 308 NB D Yes _ Orlando Rd/ M.Key St Afinordrterial z U 640 8,,37. D ___.._.._... _ _575 288 NB U Yes McKe•St S.R. 138 Afinor Arteral 2 D 640 8,6 D 61. 267 NB D Yes S.R. 438 Rewis St Collector 2 E 68o 8,800 D 578 317 NB D Yes Clarcona-Ocoee Rd SR4z9/Lakewood Ave Collector 4 E 1,700 z3d27 C 1,082 939 t\'B C Yes Lakewood Ave/ In ram Rd Collector li 1,700 18,906 C A 0 769 WE C Yes _ ❑r am Rd Clarke Rd Collector E 11700 14,685 C 657_ 598 IVB C Yes Clarke Rd A o ka-Vineland Rd Collector 4 E 1,700 21,312 _ C Q6 883 EB C Yes A o ka-Vineland Rd Hinxnssee Rd Collector q E 2,000 z27g2 C t,389 978 WE C ye,, Hiaxassce Rd Pmrers Or Collector q li 2,000 28,762 C t,z23 1,017 WE C Yes I'owms llr Pine hills Rd Collector 4 B 2,000 27,722 C 1.387 NB C Yes - _ Clarke Rd S.R. 5o "'rite Rd Collector q D 1,800 24,085 C 1,270 749 NB C ye,, ''rite lLd S.R.438 Collector q ll 1,800 29,797 C 1,43t 1,022 NB C 1'es S.R. 438/A.U. A(ims Rd Collector q D 1,800 20,089 C __, 1,043 ?rz NB C Yes A.D. ALims Rd/ Hackney -Prairie Rd Collector 2 ll 750 15,169 F 824 56, NB 'F.'. No Hackney -Prairie Rd Clarcona-Ocoee Rd Collector 2 D 750 15,169 'F 824. 56i NB ':F No Nast Gown Pout[ Rd SR 438/ Palm llr _-- � Collector z D 640 to,Z?z D ___...._ 4,j5 SB D Yes Rollers Cross Rd _ _._.4(ri Oocoee-A ka North lakexood Ave _ Collector z E 750 Z458 C _ .130 387 "VB C Yes Gmlcva St Ma uire Rd Blufad Rd Collector 2 D 68o 8,761 D 51 455 EB D Yes _ Good Hennes Rd _ Otd R'in[er Garden Rd East Vest Ec x• Collector q E 1,800 22,66o C 1,122 1,230 NB C Yes East-West Es xy/S.R. 5o Collector q E 1,800 24,010 C _ 1,zro 585 SB C Yes S,R.50 Balboa Dr. Collector 2 Li 790 25,o89 `F t,z6, -629 NB F: No Balboa Dil Write Rd Collector 2 E 750 18,002 F _ 448 59z NB F No _ Hackrre•-Prrdrde Rd Clarke Rd A o ka-Vineland Rd Collector 2 D 640 2,120 C 125 Ito EB C Yes In rmn Rd AfcConnick lid Clarcona Ocoee Rd Collector 2 D bqo 3,497 C 26 139 NB C 1'es _ _ Kissfnmse Ave Ma uire Rd A1cKe •Si Collector z U bqo 21700 C 1-44 12 NB C Ycs Iakewood Avc ______ ReM. St Worst Rd Collector 2 E 750 7,395 C 481 M7 NB C Yes ___ tVursl lid Fuller's Ctoss Rd _ Collector z E 750 7A56 C 440 387 NB C Yes Fuller's Cross Rd/Clarcmm Ocoee Rd __ _ _ Collector 2 E 750 7,456_ C _ 410 387 ___NB_ C Yes Page 1 12 20-5302 Progress Commerce Park - City of Ocoee TDA Luke Transportation EngineerinQConst(ltants Inc. •TABLL 4 (Contilured) Study Roadway Parameters aid E.vistera Level fService Roade,a •Name Pnnetional Class x lanes Ado i d(1) 2019 Traffrc VnlUDIes(z) Meets LOS Std7 LOS Capacity T _ IAS P.M. Peak Direction P.M. Off -Peale Peak Direction LOS _ Prom 'o Maguire Rd ---- - - - Gotliand/Rokrson Rd Collector 2 D 790 F 1,946 SE F No _ D _ 1,800 U 1,761 NB D Yes Tom-n Rd Old Winter Garden Road Collector D 1,800 r C 1,575 NB C YesOld P'lider Gar den Road S.R.5o Collector q D 1180o C 1,390 NB C Yes S.R_So[ MarshallFarms Rd MinorArterial D_i,800 C 657 E475 NR C Yes ntarshail Panns Rd Story Rd MinorArterial 2 D 75o D 719 U Yes Sto Rd/Kissinmlee Ave Collector 2 750 F 780 NB F No Kissiimnee Are S.R. 38(Franklin Street) Collector 2 D 6 o i5,800 F 6 8 NB EMarshall Parmrs Rd_ _M. Maguire Rd Collector z D Gqo 3,00o C 150 NB C 1'es cCoei 2tcCornild<Rd - -_ --�• - Ocoee-Aro ka Rd/Ingram Rd Collector 2 D Goo _ _40Z1 C 235 176 Wit C Yes hr rmn 72<�APopka-Vineland Rd Collector 2 D 600 4,515 C 213 mo \VB C Yes McKe�•3t - - -- KissinuneeAve IIluford Ave Collector 2 E _ 680 4,850 E 229 172 EB C Yes Sfonl ornery Rd a aekxood Ave White Rd Collector 2 D _6A(i z97o C 149 91 i\'B C Yes Ocoee HBls Ri S.R. 8 Flewelling St Collector 2 D 6 0 2,86o C 170 121 N1 C _ Yes Ocoee-__ rorka Rd _....._..... -..-.._.___. ..__. _ lVesl SR Q38JSR 438 Has[Silver Star Rd Collector z E _760 14,000 C 679 367 NB C Yes_ SR 438/East Silver Star Rd/Palm Dr Collector z E 750 11,841 C 648 342 NB C Yes Palm Dr Progress Commerce Prided Ent Collector 2 E- 9,681 C 617 317 NB C Yes Yro ress Commerce Pro'eet Ent/Demastus Ln Collector 2 E o %681 C 617 317 NB C Yes Demas[us In Fullers Cross Rd _ _- Collector z E y5o _ _ 10,959 C 652 384 NB C Yes Fullers CtossRd West Rd Collector z E I50 12,238 C 688 450 NB C Tes West Rd/McCormick Rd Collector 2 E_750 13,516 C 723 517 NB D Yes McCormick Rd/Binion Rd Collector, 2 E 88o 12J94 C bu 453 NB Binion Rd Marmon Rd Collector _ 2 _ E 880 10,871 7 C 499 389 NB _C C __Yes Yes Harmon Rd Bradshamv Rd I Collector 2 E 88o �--- 11,684 C 518 423 NB C yes Old Winter Garden Rd - Maguire Rd/Rhdord Ave AtinmArleriai 1,80o z8,7g1 C 1,597 936 lVB C IIluford Ave Blackwood Ave Minor Arterial _y_ ,E E 1,800 33,165 C 1,850 1,134 lVB F _.Yes No Blackwood Ave Hem le Ace \(inor Arterial 4 E 1,800 32,384 C 1,792 1,097 WB D Yes Hem le Avel Citrus Oaks Ave minor Arterial 4 E 1,800 31,6o3 C 1,733 i,o6o iVB D Yes Citrus Onk.Avol Good Homes Rd Diinor Arterial .{ E 1,8oi 30,8zz C 1,675 1,oz3 \VB - C I'es Orlando Ave - --... BlofordAve Mmll onre yAve Collector z D 68o 5,762 C 285 302 EB C Yes Palm Mee Omee-.l o ka Rd Pine St local 2 D 640 3,070 C 142 134 \VB Tes Pine St East C4mrn Point Rd local - --z _ D 640 3,070 C 142 134 {VB _C C Yes Phre Street Proect Site Pahn Ur local 2 D Gqo Soo C 28 2#GN C Yes Re". St -_- -- -�- _ Lakewood Ave Ilewcllin St Collector z ➢ 680 1,950 C 131 7C Yes Russell De Flexmllin St R'illow Creek Rd COHm ecr _ z D 68o z,zgo C 132 9C Yes 20-5302 Progress Commerce Park - City of Ocoee TDA Page 1 13 Lucke Transportation Ell ineering Consultants, Inc. TABLE 4 (Continued) Study Roadumv Pararueters and E.dstine Level of Service Roadrva None Fwrclional Class # Lanes Adopted(() 2019 T1•adre Volumes (2) Alerts LOS Std? LOS CapacityVolume AAD'P IAS P.M.PeakI Direction P.M. Off -Peak Peale I Direction I LDS Prom o S-R. _ .._ Tubbhh t Si Tildemdlle Sehool 2d DiinorArtelia] z _ E A8o ,R,2g8 C '. 424 398 EB C Yes Tildemdlle School Rd/Park Ave blinor Arterial z E 880 6,8_19 C 378 297 IVB C Yes Park Ave Dillard St blinor Arterial 2 E 95o _ 8, 69 _ _ D 508 209 EB D Yes Dillard 8t/9th St MinorArtrobd qE_ _ 2,000 r,0 C 51 703 EB C Yes Vth St j E. Crown Point 2d _._ ilfrnowlrterial _ y P ___ 2,000 _ 19.700 C 933 840 EB C yes E. Crown Paint Rd Sit 429 illinor Arterial 2 _ E_ _ 840 _ 19.3oU F 955 492 EB F No SRdaq' Box•nrm Rd Minor Arterial _ 2 E 84o r4,� (1 C 784 315 EB C Yes Bowness Rd/Ocoee-Aro ka Rd ills hire Rd Minor Arterial 2 E 840 1q,mo_,_ C 744 A22 EB C Yes Ocoee -Apopka Rd/ Bluford Ave Minor Arterial z A40 _ 14,200 C 70 528 EB C Yes Bluford Ave Ocoee -Hills Rd Mnor Arterial 2 E 840 13.400 C 661 457 EB C Yea _.. Ocoee -Rills Rd Clarke Rd — Minor Arterial 2 P•, 840 t5.7�_ C 726 710 R'B C yes Clarke Rdi hio Shores 2d Man D{inor Arterial 4 E 2,000 19,9n0 C_ 942 849 t1WitC Yes Johio Shores Rd Good Homes Ltd D{inorArterial q E z,oao 22,053 C_ 978 88 iVB C Yes Boodtlonles Rd A o ka-Vineland Rd Minor Arterial 6 E 3,020 21,205 _ C 1,014 918 W11 C Yes Apopka -Vineland Rd Hiawassee Itd MinorArterial 6 E 3,o2o_ o96 C 1,426 11381 EB C Yes S.R. 5o (%Vest Colonial Dr.) - - -- -- - �- 9thSt/SR,g29 Principal.Medal 6 D 3,oz0 46,9Ay C 2z07 t,5zb WitC Yes SR 29 Marshall Farms Rd Principal .Arterial 6 D 3,020 6, 50 C 2,10 1,669 Wit C yes Marshall FarmsILd ilia nine Rd Principal Arterial 6 D 3,020 46,Sto C 2,007 1,812 \\B C Yes Magni(e Rd,(fo Blurd Ave Princi al Arcterial 6 D Soto _ goo, C 1.959 1,610 Wit C Yes Bluford Avej Blackwood Ave Principal Arterial 6 D 3,020 g7,o C 1,960 1, LVB C Yes Blackwood Ave Clarke Rd Prhrei al.\rterhd 6 D 3,020 49,o62 C r,Z96 t,628 VVB C Yes Story Rd -790 :::.. _. 9th St SR.LxQ Collector 2 E _ y090_ C 395 298 IVB C Yes SR429 Vloguve Rd Collector 2 E 790 IL554_ C 588 567 EB C Yes Franklin St/Mein, •St Collector z D 680 3.400 _ C 16o rzo NB C Yee %\rest Rd __......._..___._..- Ocoee -A ropka Rdf Clarcona-Ocoee Rd MinorArterial z D 680 16,g1o_ -- F 768 666 EB 'F No NVIRte Rd (Orlando Ave.) Afontgome •Rd Uarke ltd Collector z D__6io_ 5,762 C 302 286 wB C Yes Clarke R41 Good Homes Rd Collector 2 D 640 8,632 D 4z7 381 O'B D 1'es lakea'ood Ave Adair St Collector z D 680 5,86 C 303 235 EB C Yes Adair St A.D. Mims Rd Collector z D 68o a 6 C 313 236 EB C Yes O)Adopted LOS and Roadway Service Volumes/iron, City of0coee. La) Rcis tiny 1, afc volumes from Orange County mg 6'abde count database and F'DOT2019 trajhe count database. Luke D-onsportation Engineering Consultants, fire., 2021 Page 114 20-5302Progress Commerce Park —City of Ocoee TDA Like Transuortation Errgnreerrug Cousrdtants, brc. Table 5 is a summary of the 2025 and 2040 traffic parameters for the study roadway segments to be impacted by the proposed land use change. This table lists the numbers of lanes, roadway functional classification, City adopted LOS standard and roadway service volume for each roadway segment. Table 5 also lists the K and D Factors that were utilized to convert the projected AADT model background traffic volumes to P.M. peak hour direction traffic volutes. 20-5302 Progress Corrurierce Park — City of Ocoee TDA Page 1 15 Luke Transportation EggineeringConsultaats Inc TABLE 5 2o2s/2o4o Sladv Re adwav P,a oneters Roadway Nance Demand Ractols 2025 x Uunes 2o25Roadway Service Volnnles Peal, Hove/Peak Direction Capacity Table(1) 2040 s Ian. 204o Roadway Service Volumes Peak Hour/ Peal, Direction Ca mcit •T 1A (1) F1rom/1'o IC _ D A.D. Mines Rd A 13 C ll E AT' C D F. Wulat Rd Clarke Rd o.a9 0.58 2 0 0 310 640 68o z o 0 310 o Clarke Rd Apopka -Vineland Rd 0.09 0.58 2 0 0 310 640 68o z o 0 310 o Adair St A B C D E A R C Wnrst Rd Clarcona Ocoee Ind O.a9 0.51 2 0 0 310 640 680 2 0 0 310 0 Blacke,..d Ave A B...-Q.__._p____ T e B G Old Winter Garden Rd. SR 50 o.o9 o.56 _.._ -9 o 0 66o .._ 1,47o i,53o 4 0 0 66o I 30 BR So \lonl onle •Ave 0.09 0.52 2 0 0 310 640 68o z o 0 3m 0 Edaford Ave A R C D E A D C Old Winter Garden Rd. SX 50 o.B 0.57 2 o o 3m 640 68o z o 0 310 oS.R. So Gomw St oat o.6o z o 0 3m 640 68o z o 0 3to 0Genova St OrlandoRd o.10 o.63 2 0 0 310 6 o 68o x o 0 3io 0 Orlando Rd/ McKe • St oao o.67 2 0 0 310 640 680 2 0 0 310 640 68o MCKev St/S.R. 438 oao 0.70 z o 0 310 G.iO _ _6_8.0__ _ z o 0 310 640 680 S.R. 93 8 Rotds St 0.10 o.6 5 2 0 a 310 _6,qo 680 z o 0 310 640 1 680 Clareana-Ocoee Rd A II _ C - D E A B C D E SR 429 Lakewood Ave 0.09 0.54__...... 9. o o 1,620 1,700 1,700 4 0 0 1,62o 1,700 1,700 Izkewood Ave/ In ram Rd o.o_q_ 0.51- __4 _ 0 o 1,620 1,700 1,700 4 0 0 1,62o 1poo 1,700 In rani Rd Clarke Rd _._ 0.09_ 0.52 4 0 0 1,620 1,700 11700 4 0 0 1,62o 1,7oo t7oo,_ Clarke Rdl Apopka -Vineland Rd 0.09 0.52 4 0 o 1,620 1,700 1,700 4 0 0 02o 1,7_oo_ _1,700 A o d,a-Vineland Rd Hiawal ee Rd 0.09 0.59 4 0 0 1,910 2,000 2,000 0 0 1,910 2,000 2,000 Himvassee Rd/Powers or 0.08 0.55 4 0 0 1,910 4 0 0 1,910 2,000 2,000 Powers Dr/Pine hills Rd 0.09 0.59 4 0 0 1,910 _2,000 2,000 _2,000 x,000 4 0 0 1,910 2,000 2,000 Cli�ke Rd A B C D_ E A R C ll L> S.Ii.5o/11'hile Rd op8 _- 0.63 _._ _. _. _.._. 4 o _. o _ 1,72o 1,800 1,Soo 4 0 0 1,720 1,800 1,800 11 rte R S.1t.438 0 [{_ 05.80.59 _ 0 o t, zo 7 t,800 t,800 4T 1, zo 7 1,800 1,8 SR. q38 A.D. Tiims Rd 0.0 0.09 a59 1 4 0 o 1,720 1,800 1,800 4 1,720 1,800 _00 _ 1,800 AD. iltims Rd Hadulel Praide Rd __ o.o9 o,59 z 0 0 710 750 750 2 _710 250 750 HackneN-Pr'airle, RlLChumna-0wee Rd 0.09 0,59 2 0 0 710 750 750 2 -7t0_-Z50 _ 750 East Crotn Point Rd A B C D L> C D E S_R g88_/PAnDr o.08 0.52 z o 0 310 640 68o 2 _ 310 640 68o Fullers Cross Rd A B C D L C D E Ocoee -A o ka Nordi Lakewood Ave 0.11 0. 53 z 0 o to So 750 _, _ -2 710 750 750 Geneva St A B C_ D_ Ii C ll R Ma ire Rd Bluford Rd 0.11 0.53 2 0 0 3.80 _ 68o 720 z 330 68o 720 Good Hones Rd A R C D E C D E Old F9nler Garden Rd East-West B- oao o.q8 4 0 0 1,720 1,800 1,800 0 0 �2o 1,800 1,800 East4Vesl Es a S.R. 5o 0.07 0.67 4 0 0 1,720 1,800 1,800 4 0 0 1,720 1,800 1,800 S.R.5o/Balboa Dr. omS o.67 z o 0 750 790 790 2 0 0 750 790 790 Balboa or/ White Rd o.o9 o.63 z 0 0 710 750 _ 5 _ 2 0 0 710 750 750 Haekney-Prairielid A B C _ D_ E _A B_ I C D E Clarke Rd A o ka-Vned.nd Rd oat 0.53 2 0 0 3to _ 1640 680 z o 0 3to 640 68o Dr -on lid A B__-C-D E A_ B C D E McCormick Rd Clarcona Ocoee Rd ICissinmtee Ave Tfa ore Rd 11cKe St _& 1=_ t o.09 oao 0.56 0.53 2 z 0 A o 0 E 0 3to C 310 640 D 640 680 E 680 2 z 0 A o 0 B o 310 C _310 640 D_ bq0 680 E G8o Iakeavood Ave A_ B C D L A_ B C_ E_ Rewis St Wnlst Rd oao o.67 2 0 0 710 750 750 2 0 _ 0 7to _TD 750 75o Wa.t Rd FWWe Cross Rd 0.11 0.53 2 0 0 710 750 105 _ z _ o 0 716 750 750 Fuller's Cross lid Clarcona Ocoee Rd 0.11 0.53 z o 0 710 750 750 z o 0 710 750 750 Page 1 16 20-5302 Progress Commerce Park - City of Ocoee TDA Luke Transportation EnQineeiliff Consultants Inc TABLE 5 (Continued) 202F/2040 Study Road+vaYPJPanletcrs Roxdway ➢errand I$etors 2025 # Ivn. `2o251toadw•ay SeiM1•ICCVOInmCS Peak Hour/Pe:dr DirecTimi Capacity'rable(i) 2040 # 12nes 2040ltOadAYay SeIMCc VOIlIn125 Peak Hour /Pe.dc Direction Capacity`Pahle(1) Pvom/To K D Inca nlr'eltd A_ B C D E B_ GoB1a Rd Roberson lid o.61 2 0 0 750 790 790 2 _A_ 0 0 750 790 790 Roberson Rd ron1 m Rd 0.59 4 0 0 1,720 1,800 1,800 4 0 0 1,720 000 1,800 'fomLRd/Old \1'intcr Garden Road 0.56 q o 0 1,720 1,800 1,800 4 0 0 1,720 - 1,800 ...__._ 1,800 Old %15nterG;+rden Road S.R.5o _ r--! 0.53 4 0 0 1,720 1,800 1,800 4 0 0 1g2o 1,800 1,800 S.R. So ilfarshall Farms Rd 0.51 0 0 1,720 1,800 1,800 0 o 1,720 1,800 1,800 Marshall Farms Rd Sto • Rd 0. 7 2 0 0 10 750 750 2 0 0 710 50 750 Story lid/Kissimmee Ave o.6z z o 0 �10____750_ 75�„__ 2 0 0 Ro 750 750 Kissimmee dye S.R. 438 (Franklin Street) 0.57 z o o 3ro Goo 680 2 0 0 310 640 680 Marshall EarmsIid A II C p E - A B -_ C D_ E S.R. So Maguire Rd o.08 0.62 2 0 0 31a b:0 1 680 z _-- o 0 -- 310 b4o . _. _ 68n 61cCoienick lZd A_ R C D E A B C_ D_ E_ Oenee-A to lka Rd In gram Rd o.08 0.57 2 0 0 300 600 650 2 0 0 300 600 _ 650 ingra;tt Rdf d o ka-Vineland Rd o.o8 0.57 2 0 0 300 600 65o 2 0 0 Soo 600 65o Af, ICoy St A B C D E A B C 2 & K _ �issunmee Ave/Bluford Aie o.08 0.57 2 0 0 310 640 680 2 0 0 Rio 64o ORO Monl omer Rd- ��- A B C D E A B C D N Blackwood Ave 10ile Rd o.08 o.b2 z 0 0 310 6 0 680 2 0 0 10 _640 680 Ocoee HBls lid A B c D E A B C D E S.R. q38 FlmvellOI St o.10 0.58 2 0 0 3io 6qo_ 680 2 0 0 Rio 64o 68o Ocoee-Apoplm Rd A II C D P. A li C ll E West 8R 438 SR 438 East Silver Star Rd ao 0.65 2 0 0 10 50 750 z o 0 710 750 750 SR43$/East Silver Star RdLPalm Dr o.08 0.65 2 0 0 710 750 750 2 0 0 710 750 750 Patin Dr Progress Conmmrce Project lint 0.10 0.66 2 a o 710 750 750 z o 0 710 _75a ,,,, 5� Pro rees Commerce Project En[ Demaslus Li oao 0.66 2 0 0 710 750 750 z o 0 710 0 750 Demastus Ln Fullem CmRd o.09 0.63 2 0 0 710 750 750 2 0 _ o___7io _ J50 750 Pullers Cross Rd West Rd o.og 0.60 2 0 0 710 750 750 2 0 0 710 750 750 %Vest Rd McCormick Rd 0.09 0.58 2 0 0 710 50 75o 2 O 0 710 750 750 McCormick Rd/ SHOO Rd o.09 0.57 2 0 0 830 880 SRO 2 0 0 830 880 880 Binion, Rid/ Harmon Rd o.08 0.56 z 0 0 830 880 880 2 0 0 830 880 880 Hannon 2d Bradshaw Rd 0.08 0.55 z o 0 830 880 S8o 2 0 o ego 880 Rflo Old Winter Gorden Izd A B C D E A II g D I C Ma irand Bluford Ave4...q 0.63 4 0 0 1,�_ 1,800 1,800 0 0 1,720 1,800 1,800 Bluford Ave Blackwood Aveo.62 _ 0 0 1,720 1,8O0 1,800 „q 4 0 0 1,720 1,800 1,800 Blackwood Ave Elem to Ave0.62 0 0 ;7n1 i,floo r,8o0 0 0 1,7zo 1,800 1,800 Hem le dye/Citrus Oaks Aveo.62 4 0 o I,7zo y800 r,800 q 0 0 1,7zo 1,800 1,800 C5tnls Oaks Ave Good Burnes Rd0.62 4 0 0 1,7zo 1,8ao 1,8ao q 0 0 1,7zo 1,800 1,800 Orlando Ave A B C D F. A P C H P. Bluford Ave Mont oine Ave0.49 Patin Drive 2 0 A 0 B 330 C 68o D 720 E 2 0 A 0 B 33o C 680 D _Zzo E Ocoee -A o ka Rd Pine St0.51 _ z o 0 3l0 640 68o z o 0 310 640 680 Pine St East Clown PoenIRd0.51 2 0 0 310 6 0 680 2 0 0 3io 640 68o Pine Street A B c_ D E_ A_ B c_ D E Project Site Palni Dr 0ao 0.56 2 0 0 310 6 00 680 2 0 0 310 6qo b8o Rewls St A B c D p A B S__._o lakea'ood Ave Fle.elliOg St 010 0.65 2 0 0 330 680 y2o z_ -__._ o _. 0 0 ._...-. 68o zo Russcu Dr A S_ C D A B C D L Plewelling St Willow Creek Rd 0.10 _ 0.57 2 0 n 330 680 _C 720 z a o 330 680 7zo 20-5302 Progress Commerce Park - City of Ocoee TDA Page 1 17 Luke Transportation Engineer pig Consultants, Inc. TA13LF 5 (Continued) 2025/204o Stud•Roadrva Pm•anreters ltoadrva Name Demand Factors 2025 # Ianes 2025 Roadway Se114ee Volmnes Peak Ilour/Peak Direetiai CapacityTablet) 2040 # Lures 2041) Roadway Service Volumes Peak Hour/Peak Direction Ca ladty'1'able(1) Fronr 1'o R D S.R.438 _A B C D E A_ _ pF40 D E Tubb St 'i'iidem•ille School Rd am 0.52 2 0 0 83o 88o 880 2 0 0 880 88o Scool Rd{Park Ave o.10 a5G z o 0 83o SSo _ Reo _.-'1'ildmn•iile 2 0 ° 880 880 ParkAve DillardSt o.08 0.71 2 0 0 440 890 950 2 0 0 890 950 DillardSt 9lhSt 0.09 0.52 4__.0_ 0 1,910 2,000 z,000 4 0 0 2,000 2,000th St E. Clown Point Rd 0.09 0.53 0 0 1.910 2.000 2.000 0 0 2,000 2,000 E. Crown Point Rd SR 429 ii.o7 o.66 2 0 0 790 840 840 2 0 08 0 840 SR 4z9 Bowness Rd 0.08 0.71 2 0 0 790 840 840 0 840 840 Bowness Rd Ocoee -A o ka Rd Ada uire Rd omli o.6 2 0 0 90 840 8, oz _2__0 o 0 8 0 840 Ocoee -A o ka Rd/ Bloford Ave 0.09 0.57 2 0 0 790 8,10_- 8� 2 0 0 840 840 Buford Ave Ocoee -Hills Rd 008 0.59 z 0 0 _790 _840 840 2 0 0 8,10 _8q_0_ Ocoee -Hills Rd Clarke Rd 0.09 0.51 2 0 0 790 840 840 2 0 0 790 8 0 8 0 Clarke o Shores lid 0.09 0.153 _-9_ 0 0 1,910 2,000 2,000 4 0 0,1,910 2000 2,000 Johio Shores 2d/Goad Homes lid 0.08 0.53 4 0 0 1,910 2,000 2,000 q__o_ 0 1,910 z,0,000 2,000 Good Homes lid A o ka-Vineland Rd 0.08 0.52 6 0 0 2,940 3,020 1020 6 0 0 2,940 3,020 3,020 Apopka -Vineland Rd/Hiae•assee Rd 0.08 0.51 fi o o 2,940 3,020 3,020 6 0 o 2,940 3,020 3,020 ._ S.R. 5o (Vest Colonial Dr.) A D C D E A E C D G 9B1 S1/SR 429 .. 0.08o °.59 6 0 0 2,940 3,020 3,ozo 64._._- ° 2,940 3.020 3,020 SR 429 Marshall Farms Rd 0.08 0.56 6 0 0 2,940 3,020 3,020 6 0 o 2,940 3,020 3,020 A(arshall Farms Rd Maguire Rd _..._ 0.08 0.53 6 0 o- �o z,9go ,ozo 3.020 6 0 o 2,940 3,020 3,020 A(a ire Rd/Bloford Ave o.09 o.55 6 0 ,z,Vryo _3_,020 3.020 6 o o 2,940 3.020 3A20 Bloford Ave Rlacklvood Ave 0.08 0.52 6 0 0 z,94o 3,020 3,020 6 0 0 2,940 3.020_ 3.020 Blackwood Avc Clarke Rd 0.oli 0.52 6 0 0 2,940 3,020 3,020 6 0- 0 2,940 3,020 3,020 Stw •Rd I A I E I C_ D P. A B, O D E 9111 S1/SR 429 0_10 0.57 2 0 0 750 790 790_ z 0 0 750 790 790 Sit 4291Ala ire Rd - 0.10 0.51 2 0 0 7.50 790 _ 790 2 _ 0 0 750 790 790 'Ca lm•St A E C D A B C D L Franklin St/Mcke •St o.08 0.57 _ 2 0 0 330 68o o o 330 6Ro 20 west Rd _A B C D A _ u C- D E Ocoee -Apopka Rd/Clare.na-Ocoee Rd 0.09 0.5 2 0 0 330 68o 0 0 33o 68o 720 1171itc Rd (Orlvldo Ave.) A E C _ P..._..A T68o2 _ B _ C D E Atont omel •Rd Clarke Rd_ oao 0.51 z o ° _ 320 640 0 0 3zo 64o G8o_Clarke Rd/Good homes Rd o.09 0.53 2 0 0 3zo 640 0 0 320 64oG8oWur,,t Rd A B C D lakelvood Ave/Adair St 0.09 o.56 2 0 0 330 680 Ada.Mims Rd 0.09 0.57 2 0 0 33o 680 0 0 33o G8o 7zo (i)Adapted LOSm1d Roadway Service l olvmesfram City of Ocoee. Luke 7Y•misportatiorl L•ngineering Consuliants, Ina, 2021 Page 1 18 20-5302 Progress Commerce Park - City of Ocoee TDA Like Transportation Q!gipe� Consultants, Mc. Projected Traffic Transportation Assessment Projected background traffic volumes were calculated three (3) different ways; existing daily traffic plus Ocoee vested trips, a 2% annual growth rate or the historic trend annual percentage based on five years of historical County or FDOT traffic counts (the FDOT Trends Analysis worksheet is in Appendix B). As documented in Table 6, the minimum annual growth rate for any roadway segment was at least 2%. The higher of the three values were used for the Background AADT traffic volumes which were then converted to P.M. peak hour peak direction traffic volumes via existing K and D factors. Table 6 presents the 2025 and 2040 background AADT calculations for both the AFLU and for the proposed PFLU. Analysis of Projected Traffic Conditions The analysis of projected traffic conditions for the existing AFLU maximum density (1,776,595 SF of hldustrial space) was accomplished as shown in Table 7 for the 2025 short-range analysis and Table 8 for the 2040 long-range analysis. Under the 2025 analysis 30 of the roadway segments impacted by daily traffic volumes and 36 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will continue to operate at an acceptable LOS. Fifteen of the Year 2025 adverse roadway segments are significantly impacted (i.e., 3%) by the existing AFLU maximum density land use density. Under the 2040 analysis 55 of the roadway segments impacted by daily traffic volumes and 58 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service. All the remaining roadway segments in the 2040 analysis will continue to operate at an acceptable LOS. Fifteen of the Year 2040 adverse roadway segments are significantly impacted (i.e., 3%) by the existing AFLU maximum density land use density. 20-5302 Progress Connnerce Park — City of Ocoee TDA Page 1 19 Locke TraHspottatioir EttxineerirtA Consultants, Inc. O .ro OpH°k1 1 a y CI 1 CI 11 N 1 CI I CI CI CI O N CI N N N N N N N� nl N N p N Cl m N 1. N y p N y b O O W ItM NC OI O �Q°. O �Q° O � p I fO0A 0V 0nti 0�N+ 0Cl O0C]+1 O 0 0 M 0O O N XW •i iN0 MC O N 0 C ppp� a Q M P O� N O O V O t` N VJ I° W N n W O. 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Pi r �y q b N '� .� a E �•U ('�2 o U > u > a a c4 a�¢ �d7c�g0b�°° > ¢ b ¢aw „ c �, v ¢' x w a 'q 0 o o v ¢ C4 x a Fa a a °o G a� o�°, ro o�a� y Q a wm ow V¢ rbG a u oNa w y C'a>� a'o 3u uovp vm N w a '� '� a ,s36 u '0 w •0 a� a a' /�3�y' 0° ro a a w' :7 .. qu¢xa M �¢xywo�vxUx3w aw�3�63�0M�o� UcC Page 1 26 20-5302 Progress Commerce Park - City of Ocoee TDA Luke Transportation Engineering Consultants, Inc. 4. OyONpOia wOkaQ.a�7UafQ2Y+yOUyv`•' o C �C0as'FF�µo•FF'f�'p/FQU[NUp��[N[[.•N[LOfyIy�Nj°yy{.'1i O O O 7WwWCc`�CCONtOAV.KCOa1O�Oovo00IlOIi O 2 2 7 7 2 z 2 � 2acOoOtwNCNMueN�d�; zbMO0wO.VftOOKKKNt+0! 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OAKaC I I Ii I I 0 00 . 0 i 000 o 000 0 0 0 V U U U U V U g 0 0 0 fLOO 'b viro w w, 0 > mro w t rLa m w' z v M v 6 ro w W v O o 'o w ° � .O x uo !f q^. W, 0 v K' O oo a e bati awa8rommw;�">! a'au r'-v vo0"¢fax¢ a axvM..o6q °, �xx u w v zo aa ro❑ 0wvW a, v o W aq p0 w oOON T aN �G .o 6ON,hpEo wN3``� ro 3 Z .db o v OCO 'O ro6 �?G Q' E ya b pho .O� En NH 3C U°§%� NW Y w o d wQ bpAffi w 3 ca x U ow aw oM 03MwwA aow a omwx� 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 27 Luke Transportation Engineering Consultants, Inc. O p O p o 0 0 0 0 0 o d o O O o 0 0 ok a m;� z z;.zzzz�, �, y, �,zzzzz zzzzzz zz z z zz zz a w b IZ) o 0 0 0 0 0 o 00 o e a oo.+ 0,0 0.0 0O� 0N .a o p 000 M O ooMs\ O m OJ o o O O O O O O O O O O O O O O O O O AI d 0 o wO A o o w w w w ww 0oa o ww00ww Aw U w AA Aq' O M N n OJ Lc. tl�� n CI p F F '� "r •y n n n n .� .i CI (^ CI CI M .+ e�i j (iQl' V4 M n OJ .�i .v M V1 N S N N O O O. M P N N ttl „1 0 MO 0 m o O. O Y N `O of N 11` CI n n O D CI �O N N N M. N col N Ol V CI In, In n NN ' a � fl N N ll _ O o WOAooWWwWwW0000 wWwWWW oW o w qq qq � p V J NCI . N .OnOI ' f� Qy '~ •� M"^II FK M NN W C M p l M M CI NCIN N .p 111VVV���yyy ,] N n d OON. ON OK A U MVY O M R Orl �MON ON ,CI O WM^ OnM 0CMI 0M '� N of b O I1 ty 4 O of NW W CI W .0O �MO M N M00 CI N f � OOJ ) O o o o e Gael mcd N � W 1` N y 0 U M NM W F'C o .o t; mom nKrn.o .:0 o.. 0 6 o 0 A 0 0pWW'XIONCI 0 0 0 0 0 0 0 0 OOM OD .A .AOCO .AOO bqO dQO .q0OOdO000M O WN W0 QO QNO W0n W0Nl � CI CI CI CI CI N N N CI N N N N N ;AONv a�.a.a"a a a 'a a aaWa a a a a 'W0C a G G 'G 'G G 'C C v v v C v aN; C w C v CGG v v C C C C C o " C.a u evi¢a 0 `o .a .a m6.a evi 0 0 d v v q U 0 C 0 C 0 C 0 G 0 C 0 G 0 C 0 C 8 0 C 0 C 0 G 0 F 0 G 0 I'j 'a7 'u r 8- U U 0 U 0 C W a a a a a a a a a o N O � 0 b O. .-roG 'O Cli .y "O cox p � m'� 3 4 A 'O cyx tdi > •O p 'd TJ .v. U 0 � a o.,0, ¢d �.o xd`.FYj t4 O �t gG d6W pm Hd" •�(O CE�o G L A. h6 (Uf�p 0 d p� aC •aMG�o �x o � o 3 •,yq.. 0aa oO V 0'w6 yy x " oJ o lr»� H vQ rnUa a o 6 :,n o 05P:k,'�a' Na C o WI y o o v� o G1 6bxa�xro M �wbp� m �cb¢a0Wao� -$��dv 7pb6id [AU fI ow°oo.�•�o.�a�, o �l l.xo a a v ro o d W. C ro ro w 7 v ro ra a c4 O q y v «ate o r� v ro ro f!a rn 14 w m 0 w OUP: c�i6 an rom o rn .% U3 6i uo NFFaQ Fw30 Page 1 28 20-5302 Progress Commerce Park — City o/ Ocoee TDA Lnlce Transvortatim Engineering Consultants Inc. The analysis of projected traffic conditions for the PFLU maximum density (7,106,378 SF of Industrial space) was accomplished as shown in Table 9 for the 2025 short-range analysis and Table 10 for the 2040 long-range analysis. Under the 2025 analysis 36 of the roadway segments impacted by daily traffic volumes and 40 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will continue to operate at an acceptable LOS. Twenty-four of the Year 2025 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. Under the 2040 analysis 56 of the roadway segments impacted by daily traffic volumes and 60 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service. All the remaining roadway segments in the 2040 analysis will continue to operate at an acceptable LOS. Twenty-seven of the Year 2040 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. The analysis of projected traffic conditions for the PFLU proposed density (480,560 SF of Industrial space) change was accomplished as shown in Table 11 for the 2025 short-range analysis and Table 12 for the 2040 long-range analysis. Under the 2025 analysis 24 of the roadway segments impacted by daily traffic volumes and 29 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will conthnue to operate at an acceptable LOS. None of the Year 2025 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. Under the 2040 analysis 54 of the roadway segments impacted by daily traffic volumes and 57 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service. All the remaining roadway segments in the 2040 analysis will continue to operate at an acceptable LOS. None of the Year 2040 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. 20-5302 Progress Cmnaierce Park — City of Ocoee TDA Page 1 29 Luke Transportation EuQineerinQ Consrrltnnts, brc. P WdqFxXW`�FWDFqOW1A«6ywvO�{aOn{+i;, eyvVoOFF�•t}[QUO�UNuv7V+4Oe�yNR1+'� °H^^WW�iowFr7WQ•F�.Oy�W$�UKWCQ(yEil' zNq�Q.eMoW,CMOOyON°VoO! zq•Q,PO�`0MaNMW'DMtM(PNp°NOOC�\°{ z zzzzz0z0 zzz 0 0 0 zzz 0 o zzz0 zUb.NU- 0UO�C zR0 0UU.P�OO.ti.nCw°�+ }WW�.00MpU'O oUUOqPOOO,VN; aWq0oCC�gNpCMh.O.'°oNUI�+I' \ 0zW�W0Na°PCL°NOOol aZWW.oawnbNNaNONN O . 1. OY V N 0'O O O N C C O O OO � UUpMO00Nq~CCOlV°NoO��II qq�.�0OeqOMNMOPqOpNpY° qq.0O.CNqpMONO° � UUMMoNVOUj UMU0MV UU0 W.UoOO `0 oOQ O � ' N N O o 0MN0 1I " O hCaO O N O 0 CH! 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N N CI N CI CI "Z� 'C 'C 'C 7a 'C '3 'C "a 'C ' - 'G '� 'C 'C '� 'C '�'G ' 'G ro q w o G'C'C v C v v v v v v v v C v v v v Ir v v v v v v 0 0 o C v o 0 0 0 q U o 0 0 0 0 0 0 0 0 0 0 0 q p V G C C C C C C C C C W Nc'uccG a a a a a a a a, z a z>" 94 vc a 0 x `� °o •o N o.-.a cux m.� A t>; v 6� o �a't4 0 ° o oU°4 b a ab v.o c4 vUW ° o,a 6t4 •0 0 �F$ W v v•tipVx 94 b E ob:caxa W .cgCwwv Wo v5. N^ M Q °` •O v h el G N N i� N •O °¢ N 6 z U° p uOv. 2 [4 u' e4 ° o t4 o •O v C3 •0 o ° C.W .v.v o.d W�`� p b6 C47 0 y�NLrw Nx o� v x°oa° o°°dax��°�oSaa� c�¢�PWwwN b �owa�HHagwMmowo� WFw3o�3¢ 20-5302 Progress Commerce Park - City of Ocoee TDA Page 1 41 La1ce Transportation bigioeerhW Cousnitaots, hie. Transit Typically, the average walking distance to a transit stop is a quarter -mile to a half -mile. The closest transit route is Route 105 (West Colonial) with a stop on SR 50 (Colonial Drive) just east of Maguire Road approximately 2.64 miles from the proposed development parcel. Current weekday headway for transit Route 105 is 30-minutes. Pedestrian No sidewalks currently exist along Ocoee Apopka Road (CR 437A) adjacent to the proposed development site. The future on -site sidewalk system should be constructed to serve any pedestrians of this development and should be designed to connect to any future external Ocoee Apopka Road (CR 437A) sidewalk systems to facilitate and encourage alternative modes of transportation. The intent is to create a pedestrian - friendly project with ample sidewalks and crosswalks within the Project with connections to any future external sidewalk systems adjacent to the proposed development. Park & Trails The closest trail to the Progress Commerce Park is the West Orange Trail (WOT) which is located approximately 1.14 miles west via Pule Street south to Palm Drive west to the trail on the west side of West Crown Point Road. A copy of the trail map is included in Appendix C. Provisions to accommodate bicycle access should be incorporated into the site plan. Page 1 42 20-5302 Progress Couoneree Park — City of Ocoee TDA Luke TransportationDni hteerhi Constdtauts,Inc Study Conclusions Study Conclusions Tlus study was undertaken for a Comprehensive Policy Plan Transportation Amendment for the proposed Progress Commence Park development site which is located on the west side of Ocoee -Apopka Road (CR 437) on a ±39.965-acres parcel to be annexed into the City of Ocoee. The proposed land use will be industrial. This analysis was undertaken to support an application to amend the Comprehensive Plan, changing the existing AFLU designation from Orange County classification (Industrial with a FAR of 0.75) to the City of Ocoee PFLU classification (Industrial with a FAR of 3.0). The following is a summary of the results and recommendations. The results of the study as documented herein are summarized below: • The proposed Progress Commence Park development site is a ±39.965-acres parcel which will have access via Ocoee -Apopka Road (CR 437) and Pine Street. • As documented in this analysis, under the existing AFLU designation the maximum development density will be 1,305,657 square feet of industrial space. Under the proposed PFLU designation the maximum development density will be 5,222,626 square feet of industrial space. The proposed land use density under the PFLU will be 480,560 square feet of industrial space. • The Proposed land use (PFLU) proposed density will result in decrease of 4,092 two-way daily vehicle trip ends, a decrease of 578 A.M. peak hour trip ends and a decrease of 520 two-way P.M. peak hour vehicle trips ends, relative to the adopted AFLU maximum density. • As documented in this analysis, under the existing AFLU designation for the 2025 analysis 30 of the roadway segments impacted by daily traffic volumes and 36 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will continue to operate at an acceptable LOS. Fifteen of the Year 2025 adverse roadway segments are significantly impacted (i.e., 3%) by the existing AFLU maximum density land use density. • As documented in this analysis, tinder the existing AFLU designation for the 2040 analysis 55 of the roadway segments impacted by daily traffic volumes and 58 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service. All the remaining 20-5302 Progress Cotnnterce Park — City of Ocoee TDA Page 1 43 Dike TiMMrtatios EuxineerigX Coysaltants, loc. roadway segments in the 2040 analysis will continue to operate at an acceptable LOS. Fifteen of the Year 2040 adverse roadway segments are significantly impacted (i.e., 3%) by the existing AFLU maximum density land use density. ® As documented in this analysis, under the PFLU designation for the 2025 analysis 36 of the roadway segments impacted by daily traffic volumes and 40 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will continue to operate at an acceptable LOS. Twenty-four of the Year 2025 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. ® As documented in this analysis, under the PFLU designation for the 2040 analysis 56 of the roadway segments impacted by daily traffic volumes and 60 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service. All the remaining roadway segments in the 2040 analysis will continue to operate at an acceptable LOS. Twenty-seven of the Year 2040 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. ® As documented in this analysis, under the PFLU designation proposed density for the 2025 analysis 24 of the roadway segments impacted by daily traffic volumes and 29 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will continue to operate at an acceptable LOS. None of the Year 2025 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. ® As documented in this analysis, under the PFLU designation proposed density for the 2025 analysis 2040 analysis 54 of the roadway segments impacted by daily traffic volumes and 57 of the roadway segments impacted by P.M. peak hour traffic volumes are projected to operate at an adverse level of service (adverse roadway segments LOS are highlighted). All the remaining roadway segments will continue to operate at an acceptable LOS. None of the Year 2040 adverse roadway segments are significantly impacted (i.e., 3%) by the PFLU maximum density land use density. ® The proposed land use change should be considered for approval. Page 144 20-5302 Progress Commerce Park — City of Ocoee TDA Luke Transportation EnZineerin4 Consultants, Inc APPENDICES 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 45 Luke Transportation bIjilleedyg Consultants Inc This Page Intentionally Left Blank Page 146 20-5302 Progress Commerce Park — City of Ocoee TDA Luke Transeortation Engineering Consultants, Inc. Appendix A - 2025/2040 Project Trip Distribution Plots 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 47 Luke Transportation EngiraeerinA Consrdtants, Inc. This Page Intentionally Left Blank Page 1 48 20-5302 Progress Commerce Park— City of Ocoee TDA Luke Transportation Engineerb Consultants, Lrc. c� 20-5302 Progress Commerce Pai* — City of Ocoee TDA Page 1 49 Luke Transuortation EaQineering Consultants, Inc 4 n��ai n--o—ow Kam- oo- o � o sgi s oo noe °9�.;°papp°000° oei o o � °000 e ' a o. Page 1 50 20-5302 Progress Commerce Pork — City of Ocoee TDA Luke Trunsportatimt EnAitteerhtg Consultants, Inc. 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Appendix C — WOT Trail Map 20-5302 Progress Commerce Park — City of Ocoee TDA Page 1 57 Luke Transportation Engineering Consultants Inc. This Page Intentionally Left Blank Page 1 58 20-5302 Progress Commerce Park — City of Ocoee TDA LnlceTransnortatiol EnQuieeiinAConsnitants"Inc. O O O O OiO�©10 0�o OIGj D�❑ (o 0 ©0,013b O 20-5302 Progress Commerce Park — City of Ocoee TDA Page 159 _Lucke Transyortation Engineerin, Consultants, Inc. This Page Intentionally Left Blank Page 160 20-5302 Progress Commerce Park — City of Ocoee TDA Luke Tiaitspoi,tatialLEtigiiieei-iiigConsultants Inc. h� I.hl di i, "'. ) tee I n xl,lwlllolid'l OPM 1Y56 tjI f 1a ]0 60 1q I r a Rn R/W LOCATION MAP —,..Z— oal 97, T22 S. R28 E / SECTION�B SCALE: 1°-8' °•a mceMm°LLi I —A-O O'18'MI nva R-2967280' I LL.I L-156.24' A - - - - - - _ xd Irtr ww —-OCOEE-APOPKA RD — �� F— - A OCOEE AP%p RO PLAN VIEW SCALE: 1`' Brw w z A- am.a ' may,-tae4.ea' 49'24'W 7da.2d' L-129.87' _ axv min �+ _ _ _ News cQ v — — — OCOEE-APOPKA RD G OCOEE -Jo' APFM RD PLAN VIEW SCALE: 1' SMILEY & PROGRESS COMMERCE EX. B ASSOCIATES, . PARK OCOEE APOPKA RD PRELIMINARY LAYOUT sHm TYPE ss DRT DE'[ FOR PROGRESS COMMERCE PARK. LLC 9REET 1 of 1 CRK I ID3 " OCOEE. FLORIDA CADDDG PCP REre N DA 21 JOB/ 20-007 OCOEE APOPKA LAND ASSEMBLAGE ORANGE COUNTY, FLORIDA �-- ECOLOGICAL DUE DILIGENCE November 2020 Prepared for: McCraney Property Company 7101 Presidents Drive, Suite 105 Orlando, FL 32809 Prepared by: Modica & Associates 302 Mohawk Road Clermont, FL 34715 ENVIR(.)NMENTAL PLANNING DESIGN & PERMITTING PHONE 352.394.2000 FAX 352.394.1159 MoDicAA :: AssocinrEs OCOEE APOPKA LAND ASSEMBLAGE ORANGE COUNTY, FLORIDA ECOLOGICAL DUE DILIGENCE TABLE OF CONTENTS 1.0 INTRODUCTION......................................................................................................... 1 2.0 PROJECT SITE CONDITIONS.................................................................................... 2 2.1 Soils............................................................................................................................2 2.2 Vegetative Communities............................................................................................ 3 2.3 Protected Species of Wildlife..................................................................................... 4 3.0 REGULATORY AGENCY PERMITTING.................................................................. 4 3.1 U.S. Army Corps of Engineers................................................................................... 4 3.2 St. Johns River Water Management District.............................................................. 5 3.3 City of Ocoee............................................................................................................. 5 4.0 PROTECTED SPECIES OF WILDLIFE.................................................................. 7 4.1 Gopher Tortoise...................................................................................................... 7 4.2 Eastern Indigo Snake.............................................................................................. 7 4.3 American Bald Eagle.............................................................................................. 8 4.4 Wood Stork............................................................................................................. 8 4.5 Sand Skink.............................................................................................................. 9 5.0 SUMMARY................................................................................................................... 9 5.0 OTHER ENVIRONMENTAL CONCERNS.............................................................. 10 6.0 REFERENCES............................................................................................................ 11 LIST OF FIGURES Figure 1 Location Map Figure 2 Aerial Map Figure 3 Soil Map Figure 4 Land Use Map Figure 5 Bald Eagle Nest Map Figure 6 Approximate Wetland Lines LIST OF EXHIBITS Exhibit A Google Earth Imagery —1990 Exhibit B USFWS IPaC Exhibit C Wood Stork Core Foraging Areas Map i OCOEE APOPKA LAND ASSEMBLAGE ORANGE COUNTY, FLORIDA ECOLOGICAL DUE DILIGENCE 1.0 INTRODUCTION Modica & Associates conducted an Ecological Due Diligence of the 39.96± acre Ocoee Apopka Land Assemblage ("Property") generally located west of Ocoee Apopka Road and south of N Fullers Cross Road in Ocoee, unincorporated Orange County, Florida (Figures 1 & 2). The Property is comprised of four parcels identified by the Orange County Property Appraiser with Parcel Identification Numbers: 07-22-28-0000-00-024 (1.47± acres), 07-22-28-0000-00-066 (0.54± acre), 07-22-28-0000-096 (13.01± acres), and 07-22-28-0000-00-026 (24.95f acres). Note that while the two parcels owned by Lawrence Levin are included on the maps, the likelihood of acquiring these parcels remains uncertain and therefore Modica & Associates did not enter these properties. Information regarding these two parcels are included for informational purposes only. The site review for the Ecological Due Diligence was completed on November 5 and 18, 2020. The property lies in unincorporated Orange County, but it is understood that McCraney Property Company intends to annex the property into the City of Ocoee. This report outlines the City's Land Development Codes (LDC's) relative to the ecological resources on the Property. If the Property remains in unincorporated Orange County, the regulations will be different. The intent of the due diligence assessment was to identify and delineate wetlands, evaluate potential listed species that could occur within the Property, and to identify other ecological constraints that could affect development and/or cost of acquisition of the Property. Potential listed species and/or constraints were determined through review of publicly available documents, including: • Current and historical Google Earth Imagery; • U.S. Department of Agriculture Soil Survey of Orange County Florida; • Florida Natural Areas Inventory — Species Occurrence Tracking List, Orange County; • Florida's Endangered and Threatened Species; December 2018, Florida Fish and Wildlife Conservation Commission (FWC); • USFWS Information for Planning and Consultation (IPaQ (https://ecos.fws.gov/ipaco; and • FWC, Eagle Nest Locator (https://www.arcgis.com/apps/webappviewer/index.html?id=253604118279431984e8 bc3ebflcc8e9). In addition to the above, a review was made of the Florida's Water Permitting Portal (http://flwaterpermits.com/agwslO/fppem1n to determine if there are any permits or pending application documents that exist for the Property. 2.0 PROJECT SITE CONDITIONS The Ocoee Apopka Land Assemblage was field reviewed by Modica & Associates on November 5 and 18, 2020. The following information summarizes the data collected during the in -office review and site inspections. 2.1 Soils According to the Soil Survey of Orange County, Florida, prepared by the U.S. Department of Agriculture, National Resource Conservation Service, the Property is underlain by five (5) soil types (Figure 3). The following presents a brief description of the soil type mapped within the Property; these descriptions are excerpts from the Soil Survey. Felda fine sand, frequently flooded (#15) is a nearly level, poorly drained soil found on the floodplain of the Econlockhatchee River and other minor streams. This soil is flooded for very long periods following prolonged, intense rains. Typically, the surface layer of this soil type consists of very dark gray fine sand about 3 inches thick. In most years, the seasonal high water table for this soil type is within 10 inches of the surface for 2 to 6 months. Permeability of this soil type is rapid the surface and subsurface layers and in the substratum, and is moderate in the subsoil. Immokalee fine sand (#20) is a nearly level, poorly drained soil found on broad flatwoods. The surface layer of this soil type generally consists of black fine sand about 5 inches thick. In most years the seasonal high water table for this soil type is within 10 inches of the surface for 1 to 3 months. It recedes to a depth of 10 to 40 inches for more than 6 months. Permeability of this soil type is rapid in the surface and subsurface layers and in the substratum. It is moderate in the subsoil. Smyrna fine sand (#44) is a nearly level, poorly drained soil found on broad flatwoods. The surface layer of this soil type generally consists of black fine sand about 4 inches thick. The seasonal high water table for this soil type is within 10 inches of the surface for 1 to 4 months. It recedes to a depth of 10 to 40 inches for more than 6 months. Permeability of this soil type is rapid in the surface and subsurface layers and in the substratum. It is moderate to moderately rapid in the subsoil. Wabasso fine sand (#51) is a nearly level, poorly drained soil found on broad flatwoods. The surface layer of this soil type generally consists of black fine sand about 3 inches thick. The seasonal high water table for this soil type is within 10 inches of the surface for 1 to 5 months. It recedes to a depth of more than 40 inches during extended dry periods. Permeability of this soil type is rapid in the surface and subsurface layers and in the substratum. It is moderate in the sandy part of the subsoil and slow or very slow in the loamy part. Zolfo fine sand (#54) is a nearly level, somewhat poorly drained soil found on broad, slightly higher positions adjacent to the flatwoods. The surface layer of this soil type generally consists of dark grayish brown fine sand about 5 inches thick. The seasonal high water table for this soil type is at a depth of 24 to 40 inches for 2 to 6 months. It is at a depth of 10 to 24 inches during periods of heavy rain. It recedes to a depth of about 60 inches during extended dry periods. Permeability of this soil type is rapid in the surface and subsurface layers and is moderate in the subsoil. 2.2 Vegetative Communities The Property five (5) land use cover types as described in the Florida Land Use, Cover and Forms Classification System (FDOT, January 1999) (Figure 4). Modica & Associates delineated the jurisdictional wetland lines (Figure 6). Residential (110) The two parcels owned by Lawrence Levin include an existing single-family residence with associated secondary structures and a maintained yard. Agriculture (200) The eastern portion of the project site consists of an active blueberry farm. This area was historically in citrus production (Exhibit A). The field roads between the four quadrants of blueberry rows are vegetated with bahia grass (Paspalum notatum) and are mowed and maintained on a regular basis. Upland Hardwood Forest (420) The western portion of the Property consists of an upland forest vegetated with live oak (Quercus virginiana), laurel oak (Quercus laurifolia), camphor (Cinnamomum camphora), and earpod tree (Enterolobium cyclocarpum). The shrub and groundcover consists of saw palmetto (Serenoa repens), dog fennel (Eupatorium capillifolium) and various herbaceous forbs and grasses. This area was also historically comprised of a citrus grove (Exhibit A). Ditch (510) There is an open water canal that traverses the property in a north to south direction. This ditch was constructed prior to 1990 and appears to be periodically maintained. The spoil banks of the ditch are heavily vegetated with guinea grass (Megathyrsus maximus), blackberry (Rubus sp.) and cogon grass (Imperata cylindrica). Vegetation present in the dich includes a cattails (Typha latifolia), primrose willow (Ludwigia peruviana), torpedo grass (Panicum repens) and other wetland vegetation. Wetland Forested Mixed (630) There is a forested wetland along the western limits of the ditch. This wetland contains a mixed canopy of swamp bay (Magnolia virginiana), dahoon holly (Ilex cassine), camphor and water oak (Quercus nigra). The shrub layer consists of wax myrtle (Myrica cerifera), elderberry (Sambucus nigra) and camphor. The groundcover contains cinnamon fern (Osmunda cinnamomeum), maidencane (Panicum hemitomon), Caesar weed (Urena lobata), blackberry, saw palmetto. Dense thickets of vines are present, including air potato (Dioscorea bulbifera), grapevine, greenbrier (Smilax sp.) and bitter melon (Momordica charantia). 2.3 Protected Species of Wildlife A qualitative review of the Property was conducted to determine if any wildlife species using the property are listed as protected by the U.S. Fish and Wildlife Service (USFWS) or the FWC. The following is a list of those species that were observed using the Property during the evaluation. Mammals Nine -banded armadillo (Dasypus novemcinctus) Birds Mourning dove (Zenaida macroura) Northern cardinal (Cardinalis cardinalis) Northern mockingbird (Mimus polyglottos) No protected species of wildlife were documented within the Property during the November 5 and 18, 2020 site inspections. 3.0 REGULATORY AGENCY PERNIITTING Regulatory agencies with environmental jurisdiction over development, and jurisdiction over wetlands and surface waters on the Property include the U.S. Army Corps of Engineers (ACOE), St. Johns River Water Management District (SJRWMD) and the City of Ocoee. 3.1 U.S. Army Corps of Engineers The ACOE administers regulatory authority over any impacts to Waters of the United States ("WOTUS"). The new Navigable Waters Protection Rule (NWPR) was enacted on June 22, 2020; this rule provides new guidance for wetlands and surface waters that are to be considered federally jurisdictional. Review of historical aerial photography indicates that the on -site wetland and drainage ditch were hydrologically connected to Lake Apopka. It appears that this hydrologic connection still exists in current condition. Accordingly, it is likely that the on -site wetland will be federally jurisdictional. The State of Florida is currently pursuing assumption of the "404 Program" which is the Clean Water Act implemented to regulate the discharge of dredged and/or fill material into WOTUS. It is anticipated that the Florida Department of Environmental Protection (FDEP) will assume responsibility of the 404 Program (federal wetland impact permitting) by December 1, 2020. Any proposed impacts to the ditch, including a crossing, and impacts to the on -site wetland will likely require authorization from the ACOE/FDEP. Because the program to be implemented by FDEP is new, the permitting timeframe is not known. It is estimated that permitting may take at least 9 months to complete. 3.2 St. Johns River Water Management District The SJRWMD administers regulatory authority for proposed developments through the Environmental Resource Permit (ERP) program. Development of the Property will require an ERP application to be submitted to the SJRWMD for stormwater management and environmental regulatory review. The SJRWMD exerts regulatory jurisdiction over wetland and surface water areas. The drainage ditch and forested wetland are both jurisdictional to the SJRWMD. The SJRWMD will conduct a site inspection to review the limits of the jurisdictional wetland at the time of the ERP application. If direct impacts are proposed to the ditch and/or wetlands, these impacts will need to be quantified, and mitigation will be required for wetland impacts. No mitigation should be required to any impacts to the ditch. However, because the ditch was excavated in wetland soils and does contain some wetland plants, minimal mitigation may be required. It is assumed that there is a drainage easement over this ditch, although one has not been found. The wetland is of fair to low quality. It is estimated that every acre of impact may cost about $110,000.00 to mitigate, if purchasing credits from a mitigation bank. The Property is located within the Southern Ocklawaha River Drainage Basin. The Hammock Lake Mitigation Bank offers credits for mitigation within this basin. If no wetland impacts are proposed, a 15-foot minimum, 25-foot average upland buffer should be provided along the limits of the wetland, which will illustrate to the SJRWMD that no secondary impacts will occur to the wetland as a result of the development activities. If the minimum buffer cannot be provided, alternative methods to prevent secondary impacts can be proposed, such as fencing, placement of conservation area signage, etc. 3.3 City of Ocoee The Property lies within unincorporated Orange County. However, it is understood that McCraney Property Company intends to annex the Property into the City Limits of Ocoee, Florida. Accordingly, the Property would be subject to the City's Comprehensive Plan and Land Development Code (LDC). The City of Ocoee provides protection to natural resources including wetlands through Article VII Part 1 Provision 74 of the LDC. With regard to development in wetlands the code reads as follows: Wetlands. (1) No excavation or filling shall be undertaken within a wetland unless the City Commission finds, on the basis of reasonable evidence, that there are no practical alternatives to the filling. Examples of situations where such activities may be permitted include the need to provide access to property, to provide utilities, and to create a building site on an approved lot. Where any such disturbance of a wetland is permitted, it shall be the minimum disturbance necessary to meet the needs of the use. No excavation or other disturbance shall be permitted in a floodway. Except where specifically permitted by the City Commission, no native wetland vegetation shall be disturbed. (2) Where disturbance is permitted, new wetland areas shall be created at a minimum rate of two (2) times the area of wetlands destroyed. New wetland areas shall be in the vicinity of the areas destroyed and, at maturity, shall be functionally related (in terms of elevation, hydrology, and vegetation) to the remaining wetlands in the area. Where the City Commission finds that it is impractical to create such replacement wetlands, it may make alternative mitigation requirements. (3) A buffer area shall be retained in its natural state surrounding connected (i.e., FDER jurisdictional) wetlands. Such buffer shall be a minimum of seventy- five (75) feet in width except where the City Commission finds that it is impractical to maintain that width. Buffer areas shall not be disturbed except to provide for surface water management areas. (4) Modifications to wetlands shall ensure that predevelopment water flow (rate and quantity) is maintained to preserve wetland viability. (5) Wetlands management shall conform to standards included in the Comprehensive Plan (specifically including Conservation Element Policies 2.3 and 4.2). Note that the City only authorizes wetland impacts if no practicable alternative exists. If the proposed site plan is anticipated to result in wetland impacts, it is recommended that a pre -application meeting be held with the City to determine their opinion of proposed impacts. 4.0 PROTECTED SPECIES OF WILDLIFE The Florida Natural Areas Inventory (FNAI) species tracking list for Orange County was reviewed to determine the potential for listed species of wildlife that may occur within the habitat types present within the Property. The USFWS's Information for Planning and Consultation (IPaC) was also reviewed to determine the potential for federally listed species on the property (Exhibit B). State or Federal listed wildlife species with the potential to occur onsite based on geographic locale, habitat types present, and presence of suitable soils or vegetative cover include the gopher tortoise (Gopherus polyphemus) and the Eastern indigo snake (Drymarchon courais couperi). The Property lies within the federal Consultation Area for the eastern black rail, sand skink and Everglades snail kite. However, the Property does not contain suitable habitat or required soil types for any of these species and therefore the potential for these species are not discussed in detail below. Information regarding the gopher tortoise, Eastern indigo snake, American bald eagle and wood stork is provided below. This information is provided to detail development constraints and permitting requirements, as applicable, associated with species afforded protection by law occurring on the site or having the potential to occur adjacent to or onsite. 4.1 Gopher Tortoise The gopher tortoise is listed by the FWC as a Threatened species. Gopher tortoises are commonly found in areas occurring on well -drained sandy soils associated with xeric pine -oak hammock, scrub, pine flatwoods, pastures and citrus groves. No gopher tortoise burrows were documented during the November 5 and 18, 2020 site inspections of the Property. These site inspections were preliminary in nature and covered about 10% of suitable tortoise habitat. The FWC Gopher Tortoise Permitting Guidelines (FWC, April 2008, rev. July 2020) state that a gopher tortoise survey is valid for a period of 90-days. It is recommended that a comprehensive (100%) gopher tortoise survey be conducted 90-days prior to start of construction. If any tortoise burrows are documented, a permit from FWC will be required to authorize relocation to an approved, off -site recipient area. The permit process typically takes 45 to 90 days to complete. Relocation cannot commence until local government approval for land clearing or site development has been issued. 4.2 Eastern Indigo Snake The Eastern indigo snake is listed as "Threatened" by the USFWS. Indigo snakes are thick -bodied, glossy black snakes with iridescent blue highlights. Adult indigo snakes may be between 60 and 74 inches long (USFWS, 2016c). In northern areas, the indigo snakes most often use habitats such as pine flatwoods, scrubby flatwoods, floodplain edges, sand ridges, dry glades, tropical hammocks, edges of freshwater marshes, muckland fields, coastal dunes, and xeric sandhill communities; with highest population concentrations of eastern indigo snakes occurring in the sandhill, pinelands and agricultural lands with proximity to wetlands. No indigo snakes were observed during the inspections of the Property. Recent discussions with USFWS staff from the South Florida Ecological Services Office indicate that if a snake's presence on a property is "reasonably certain to occur", consultation will be required. The USFWS is defining "reasonably certain to occur" as recorded or known primary evidence of a snake's presence on or near a property (i.e. documented observation of an indigo snake, snake shed). Geographically, the Property is bordered on the east by Ocoee Apopka Road, residential development to the north, industrial and commercial uses to the east and south and State Road 429 along the western boundary. It is anticipated that the USFWS would determine that the presence of indigo snakes is not reasonably certain to occur. Consultation for the potential presence for this species is not anticipated. 4.3 American Bald Eagle The American bald eagle is no longer listed under the Endangered Species Act; however, it is still afforded protection by the USFWS under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. A review of the FWC's Bald Eagle Nest Locator website revealed the presence of eagle nest OR045 just to the east of the Property. The 660-foot management zone of bald eagle nest OR045 does not encroach into the Property (Figure 5). No coordination with USFWS is anticipated to be required for this species. 4.4 Wood Stork The wood stork (Mycteria americana) is listed as "Endangered" by the USFWS. The Property lies within the USFWS Consultation Area for wood stork, and lies within a "Core Foraging Area" for the wood stork (Exhibit Q. Wood storks nest in colonies and forage in freshwater wetlands (Ogden). Good feeding habitat for wood storks typically consists of calm waters that do not have dense thickets of vegetation. The primary food of a stork's diet is small fish between 1 and 8 inches in length (Ogden). Through consultation with the ACOE, the USFWS will evaluate potential impacts a project may have to Suitable Foraging Habitat (SFH) of the wood stork. SFH is defined as follows: "...wetlands that typically have shallow -open water areas that are relatively calm and have a permanent or seasonal water depth between S to 38cm (2 to 15 inches) deep. Other shallow non -wetland water bodies are also SFH. SFH supports and concentrates, or is capable of supporting and concentrating small fish, frogs, and other aquatic prey. Examples of SFH include, but are not limited to freshwater marshes, small ponds, shallow, seasonally flooded roadside or agricultural ditches, seasonallyfloodedpastures, narrow tidal creeks or shallow tidal pools, managed impoundments, and depressions in cypress heads and swamp sloughs. " (Souza, 2010). The Property does contain SFH for the wood stork. All proposed impacts to the drainage ditch will likely also be considered impact to wood stork SFH. Mitigation purchased to offset wetland impacts will also be sufficient to offset impact to wood stork SFH. No additional mitigation will be needed. 4.5 Sand Skink The sand skink is a state and federally "Threatened" species. The sand skink is a small nearly legless lizard that spends its entire lifecycle beneath the surface of the sandy soils that are characteristic of Central Florida's sandy ridges. Its presence on a property is detected by observing the sinusoidal tracks left in the sand due to the unique manner in which this species moves through the substrate. The Property lies within the Sand Skink Consultation Area and has elevations above 82- feet mean sea level (according to Google Earth). However, the Property does not contain soil types considered suitable for the presence of sand skinks. No coordination for this species will be required. 5.0 SUMMARY Modica & Associates conducted an Ecological Due Diligence of the 39.96f acre Ocoee Apopka Land Assemblage on November 5 and 18, 2020, 2020. The Property is generally located west of Ocoee Apopka Road and south of N Fullers Cross Road in Ocoee, unincorporated Orange County, Florida. The two parcels within the project area owned by Lawrence Levin are included on the maps, but the likelihood of acquiring these parcels remains uncertain. Accordingly, Modica & Associates did not enter these properties. Information regarding these two parcels has been included for informational purposes only. The property contains a wetland and a drainage ditch, both of which are jurisdictional to the SRJWMD. Review of historical aerial photography indicates that the on -site wetland and drainage ditch were hydrologically connected to Lake Apopka. It appears that this hydrologic connection still exists in current condition. Accordingly, it is likely that the on -site wetland will also be federally jurisdictional. Any proposed impacts to the wetland or ditch will require a permit from SJRWMD and likely the ACOE. On December 1, 2020, the FDEP will assume regulatory authority of the Federal 404 program. Mitigation will be required for any proposed wetland impacts, and mitigation may also be required for impacts to the ditch, as it was excavated in wetland soils and does contain some wetland vegetation. It is estimated that every acre of impact may cost about $110,000.00 to mitigate, if purchasing credits from a mitigation bank. The Property lies in unincorporated Orange County, but it is understood that McCraney Property Company intends to annex the property into the City of Ocoee. Note that the City only authorizes wetland impacts if no practicable alternative exists. If the proposed site plan is anticipated to result in wetland impacts, it is recommended that a pre -application meeting be held with the City to determine their opinion of proposed impacts. If the Property remains in unincorporated Orange County, the regulations will be different. The Property lies within the federal Consultation Area for the eastern black rail, Everglades snail kite and sand skink. However, the Property does not contain suitable habitat or soil types for any of these species and therefore no coordination for these species is anticipated to be required. Bald eagle nest OR045 lies just east of the Property. The 660-foot management zone of this nest does not encroach into the Property. No coordination with USFWS is anticipated to be required for this species. No gopher tortoise burrows were documented during the November 5 and 18, 2020 site inspections of the Property. However, these site inspections only covered about 10% of the property. The FWC Gopher Tortoise Permitting Guidelines (FWC, April 2008, rev. July 2020) state that a gopher tortoise survey is valid for a period of 90-days. It is recommended that a comprehensive (100%) gopher tortoise survey be conducted 90-days prior to start of construction. If any tortoise burrows are documented, a permit from FWC will be required to authorize relocation to an approved, off -site recipient area. Geographically, the Property is bordered on the east by Ocoee Apopka Road, residential development to the north, industrial and commercial uses to the east and south and State Road 429 along the western boundary. It is anticipated that the USFWS would determine that the presence of eastern indigo snakes is not reasonably certain to occur. Consultation for the potential presence for this species is not anticipated. The Property lies within the USFWS Consultation Area for wood stork, and lies within a "Core Foraging Area" for the wood stork. All proposed impacts to the drainage ditch will likely also be considered impact to wood stork SFH. Mitigation purchased to offset wetland impacts will also be sufficient to offset impact to wood stork SFH. No additional mitigation will be needed. 5.0 OTHER ENVIRONMENTAL CONCERNS No other environmental concerns were identified or expected for the Project Site. This ecological assessment does not constitute a Phase 1 Environmental Audit and this report makes no representation as to the presence or absence of hazardous materials. This report does not constitute a Cultural Resource Assessment Survey (CRAS) and makes no representation to the presence or potential presence of historic sites or artifacts, other than providing information from others. 6.0 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Florida Fish and Wildlife Conservation Commission. Eagle Nest Locator: (https://www.arcgis.com/apps/webappviewer/index.html?id=253604118279431984e8bc 3ebflcc8e9) Florida Fish & Wildlife Conservation Commission. 2018. Florida's Threatened and Endangered Species. Tallahassee, FL. Florida Natural Areas Inventory, Tracking List. Osceola County, Florida. (https://www.fnai.org/trackinglist.cfm) Florida's Water Permitting Portal; http://webapub.sjrwmd.com/agAsl0/fppelpl/ United States Department of Agriculture, Soil Conservation Service. 1990. Soil Survey of Osceola County, Florida. U.S. Fish & Wildlife Service. 2016b. Quick Facts: Everglade snail kite. https://www.fws.gov/verobeachBirdsPDFs/EvergladesnailkiteFactSheet.pdf, accessed February 20, 2017. FIGURES g` Mtxdrmick Rd W u 0 Tativa tar,a Pay Swill ion Gtarsonn Or- r r Sxm: lYae.r4 .ace O*xv Lilio �LL+acksm- rA H,xkltey Prude Nil 3� C fy3lers rr oss ridif tAk. V � a u angt#t Falk E Fultw% cm- Rd a' Q, tits COON 1{ a Wurst Rd p.$ taAw -Rato. U Spo* L ko s .i .iip z W rlm,r 41lny Ave Ct L pa a E C a Cortex 5t :e:: tit cc i E pnrision Stf oCOM ...E-A*vsrntar kd R Z !i :bturYr f:eie a .. Writer G 'A ArdM Bay St E - n scnoat 131. toll Ap CBtaaWoAve WhdtRd i x M TW' '$ Rd W v- E tStwy Rd E Stnry Rd P.— a 4 ti Xs yJ a Maus St dry .... W Co pmw Qr W: Caiotdat r. u ic 4 to Winter G:u _ ofGla �;.-r t'" <a."5' t 4,yr Done Bryce .4i*`� h if. W:mor Rd War*iof ruripng ¢ Yfsy l,zrhar 8 � Property Boundary s � lie u i f.'wmrmrr F x Basemaps are ESRI Maps. Morton Imes Rd ; �{ Parcel boundaries based on Orange County Property Appraiser Parcel Data. . MooteRd Ocoee Apopka Land Assemblage r- a�1 MODICA &ASSOCIATES Figure 1 -Location Map t 302 Mohawk Road Clermont, Florida 34715 Section 7, T22S, R28E P: (352) 394-2000 Orange County, Florida F: (352) 394-1159 Email: Environmental@Modica.cc Feet 4,000 2,000 0 4,000 www.ModicaAndAssociates.com .x s r i I } I t i ��44 r3 J li Y I I ' G i ,I •�r . f...x. I I � �a a y ------------------- I IL AI -- ----- A -.> I JI I I 1 74 Os � W7x ` - Property Boundary NRCS Soil Types 15/FELDA FINE SAND, FREQUENTLY FLOODED 20/IMMOKALEE FINE SAND 44/SMYRNA FINE SAND 51/WABASSO FINE SAND EB-,n,,aps are ESRI Maps. 54/ZOLFO FINE SAND boundaries based on Orange County Property Appraiser Parcel Data. Ocoee Apopka Land Assemblage MODICA & ASSOCIATES '- 302 Mohawk Road Figure 3 - Soils Maps, I Clermont, Florida 34715 Section 7, T22S, R28E P: (352) 394-2000 Orange County, Florida F: (352) 394-1159 Feet Email: Environmental@Modica.cc 400 200 0 400 www.ModicaAndAssociates.com W62116U4W . Ak 4 t r N n J r x } ._ Mz ..i• p $q Property Boundary T o Wypnts_11-18-2020_eca _ A Approximate Wetland Lines Basemaps are ESRI Maps. Parcel boundaries based on Orange County Property Appraiser Parcel Data. Wetland limits flagged by Modica & Associates on November 18, 2020. Map is approximate; lines have not been reviewed by regulatory agencies. _. v Ocoee Apopka Land Assemblage - MODICA & ASSOCIATES Approximate Wetland Map ( l 302 Mohawk Road Figure 6 -Section 7, T22S, R28E 0 Clermont, Florida 34715 Orange County, Florida P: (352) 394-2000 F: (352) 394-1159 Feet Email: Environmental@Modica.cc 400 200 0 400 www.ModicaAndAssociates.com EXHIBIT A EXHIBIT B 11/20/2020 INC: Explore Location IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of , proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in tha'section. Location Orange County, Florida Local office North Florida Ecological Services Field Office t. (904) 731-3336 1® (904) 731-3045 7915 Baymeadows Way, Suite 200 Jacksonville, FL 32256-7517 https:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 1/13 11/20/2020 IPaC: Explore Location Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and", project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be,present-in the area of such proposed action" for any project that is conducted, permitted, ftanded; or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so)" 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species- a`nd their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more , information. 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Birds NAME STATUS https:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 2/13 11 /20/2020 IPaC: Explore Location Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10477 Everglade Snail Kite Rostrhamus sociabilis plumbeus Endangered There is final critical habitat for this species. Your location is outside the critical habitat. https;//ecos.fws,gov/ecp/species/7713 Wood Stork Mycteria americans Threatened No critical habitat has been designated for this species. bttpa:/lec ss.fws.gov/ecp/species/8477 Reptiles NAME STATUS Eastern Indigo Snake Drymarchon corgis couperi Threatened No critical habitat has been designated for this species. https://ec ss.fws.ggv/ecp/species/646 Gopher Tortoise Gopherus polyphemus Candidate No critical habitat has been designated for this species, https//ecos.fws.gov/ecp/species/6994 Sand Skink Neoseps reynoldsi Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecplspecies/.4094 Flowering Plants NAME STATUS Beautiful Pawpaw Deeringothamnus pulchellus Endangered No critical habitat has been designated for this species. https://ecos.fws.ggv/ecplspecies/4069 Britton's Beargrass Nolina brittoniana Endangered No critical habitat has been designated for this species. https;//ec ss.fws.gov/ecp/species/4460 Florida Bonamia Bonamia grandiflora Threatened No critical habitat has been designated for this species. https;//ecos.fws.gov/ecp/species/2230 https:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 3/13 11 /20/2020 IPaC: Explore Location Papery Whitlow -wort Paronychia chartacea Threatened No critical habitat has been designated for this species, https://ecos.fws.gov/ecp/species/1465 Pigeon Wings Clitoria fragrans Threatened No critical habitat has been designated for this species. http.2,.//ecos.fws.ggv/ecp/species/991 Sandlace Polygonella myriophylla Endangered No critical habitat has been designated for this species, https://ecos.fws.gQv/ecptspecies/5745 Scrub Buckwheat Eriogonum longifolium var. gnaphalifolium Threatened No critical habitat has been designated for this species. httpa,.//ecos.fws.gov/ecp/species/5940 Scrub Lupine Lupinus aridorum Endangered No critical habitat has been designated for this species. bttp5.//ecos.fws.ggv/ecp/species/736 Scrub Plum Prunus geniculata Endangered No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2238 Wide -leaf Warea Warea amplexifo►ia Endangered No critical habitat has been designated for this species, https://ecos.fws.gov/ecptspecies/412 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. https://ecos,fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 4/13 11/20/2020 INC: Explore Location 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.2ov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gQv/rrigratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn. more about the levels of concern for birds on your list and how this list is generated, seethe FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where bir neral public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about"Atlantic Coast birds, and other important information about your migratory bird list,, including how to properly interpret and use your migratory bird report, can be found below., For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON (IFA BREEDING SEASON IS INDICATED ............................ . ........................... . ........................ FOR A BIRD ON YOUR LIST, THE ...................................................................................................... BY E ..................IRD.........MA.............BR.............ED ........IN.......YOUR........... ...... PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, .......................................................................................... WHICH IS A VERY LIBERAL ... ................................................... ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. ... ............................................................ "BREEDS ELSEWHERE" INDICATES ..................... ........... ................. - THAT THE BIRD DOES NOT LIKELY .................................. BREED IN YOUR PROJECT AREA.) .................................................................................................. American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (SCRs) in the continental USA Breeds Apr 1 to Aug 31 https://ecos.fws.gov/lpac/location/HRMKPVEWCZEOTIGS]SX2IRXSOA/resources 5/13 11 /20/2020 IPaC: Explore Location Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Common Ground -dove Columbina passerine exigua Breeds Feb 1 to Dec 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. http5://ecos.fws.gov/ecp/species/8936 Least Tern Sterna antillarum This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https,.//ecos.fws.gov/ecp/species/9679 Limpkin Aramus guarauna This is a Bird of Conservat;iort Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Short -tailed Hawk Buteo brachyurus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https;//ecos.fws.gov/ecp/species/8742 Breeds Jan 15 to Aug 31 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds Mar 1 to Jun 30 https://ecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 6/13 11/20/2020 IPaC: Explore Location Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 to Jun 30 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https'//ec ss.fws.gov/ecp/species/8938 Yellow Warbler Dendroica petechia gundlachi Breeds May 20 to Aug 10 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report' before using or attempting to interpret this report. Probability of Presence (n) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. ©ne can have higher confidence in the presence score if the corresponding survey effort is`also high: How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of there, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0,25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) https:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 7/13 11/20/2020 IPaC: Explore Location Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV bEC American Kestrel ).��, I I): I� ?€ICI# �i' IIi I lrl+ _i_ .-I i..,. .,, I. I. ,s II 1- �. r .�. I i F I- A-� (i » i Il BCC- BCR (This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions ................................................... (BCRs) in the continental USA) , Bald Eagle Non -BCC Vulnerable T i'd ;11i�'I (This Is not a Bird of Conservation Concern (BCC) in this ............................................. area, but warrants attention because of the. Eagle Act or.for potential ...................... susceptibilities in offshore areas from certain es of develo mentor activities.) Common ground il -4I—I I i I' I; I I ,, i i' I i� ���� , �r} 1. 1,111111 ;ij • 1,1. Jil— ..lej .. I , I.... i; dove B C - BCR (This is a Bird of Conservation Concern (BCC)�onl in articular Bird conservation Regions ................................................... (BCRs) in the continental USA) King Rail I'll I HIT I. I_., I. i..i. (i i -i �• � � i I � i 111� .� I I � ��,._, �.. �. .i__ , i I i,.�_ �,_ � -_ l BCC Ran ewide (CON) (This is a Bird of Conservation Concern (BCC) throughout Its .range In the continental ,,.."". ............. USA and Aiaaska.) https:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2]RXSOA/resources 8/13 11/20/2020 IPaC: Explore Location Least Tern I I I III II I. 'I BCC - BCR (This is a Bird f* Conservation '*'* ''**'' .................... Concern (BCC) onl in art plcular Bird ........... * .............. Clm�!��M.Re&YM (BCRs) In the continental USA) Lesser Yellowlegs BCC Rangewide is , a '. Bird ........................ of Conservation Concern, '*'(BCC) .............................. k ............... In the continental USkand' Alaska.) Limpkin „iiia�BCC Rangewide (CON) (This Is a Bird of Conservation ........... throughout Its range In the continental USA and s* *"k-a*'.')' Prairie Warbler A 1, —A-1 1-1-1, 1- (CON) (This Is a Bird of Conservation ............... 'Concern (BCC) .............. throughout its range in the continental '6'§K"an* d, *-- Alaska)' ........... Prothonotary P-4; V I +,I Warbler J BCC Rangewide (CON) (This Is a Bird of Conservation Concern (BCC) throughout its range In the continental USA ..............and .......... Red-headed Woodpecker BCC Ranpwide .......... .... is --,,a Bird ................. of Conservation Concern (BCC) ............. throughout its range In the continental USAWaWAlaska,)* ","'' " I.............. Short -tailed Hawk BCC - BCR (This is a Bird of Consevtad on ......................................... .............. * ........................ f Concer y in particular Bird Conservation Regions (BCRs) In the continental US'.A'). Swallow-tailed Kite BCC Rangewide (CON) (This Is a Bird ................... of Conservation Concern (BCC) throughout Its range in the continental USK,a*'n' d Ala' s k" a-. J, .1-11.1.1-1.11-1-11-11.1 ............ hffps:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX21RXSOA/resources 9/13 11 /20/2020 IPaC: Explore Location SPECIES Yellow Warbler BCC - BCR (This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the ...........i................... contnental USA) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure> or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specifiedlocation? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by -the Avian Knowledge Network (AKN),. The AKIN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only subset of birds that may occur in your project area. It is not representative of all birds that may occur in,your project area. To get a list of all birds potentially present in your project area, please visit the AKIN Phenblogy Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? of presence graphs associated with your migratory bird list are based on data provided by the le Network (AKN). This data is derived from a growing collection of surve ., banding, and citizen Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? https://ecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 10/13 11 /20/2020 IPaC: Explore Location Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of, bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The.,Po.rtal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities https:Hecos.fws.gov/ipac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 11/13 11 /20/2020 IPaC: Explore Location National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps Of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the:following wetlands: FRESHWATER EMERGENT WETLAND PEM1 Fx FRESHWATER FORESTED/SHRUB WETLAND PFO1 Fd RIVERINE R5UBH A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. https:Hecos.fws.gov/lpac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 12113 11 /20/2020 IPaC: Explore Location The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subticial zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https://ecos.fws.gov/lpac/location/HRMKPVEWCZEOTIGSISX2IRXSOA/resources 13/13 EXHIBIT C Alabama 0 0 © O O O wQ 0 Georgia O Go U JACKSON ' 1 1'3 000 000 i ¢© j O MI i / I � LEON ,r � 0 25 50 CALHOUNt1�, 1 Z� I_ P m so HAMILTON �' BAY r ' Z _ —�0` , !BAKER LIBERTY _ �� �`� �P �DUVAL '� (—j--i WAKUCLA' i J��..._. (GULF I' S`'� ' o�� + 5 0 2 50 7 Km V� I` TAYLOR OP r / Q,O 1 j FRANKLIN LAFAYETTE\ J�\ r0`�O CLAY r ST I , t JOHNS (j Gj � ALACHUA 2 DIXIE i _ i PUTNAM ` -' i- r r_, USFWS FLAGLER,x Panama City Office Responsibility ' LEVY --' MARIN GOB +� USFWS North Florida --- I ---__AA Jacksonville Office ;' CITRUS " •SUMTER Responsibility }` f 1 LAKE t _--1SEMINOLEI yHERNANDO�+, UOth— — ORANGE c" araPASCO Georgia LAIabama o �Z I OJ (b P OSCEOLA ®s ® g POLK BREVARDt y��� r '� 1 Flo"ridso .e INDIAN _—L, RIVER , EGNOB�E-- 1:30,000,000 NFESO ? HARDEE QKE SFESO g STLUCIE � `+ SARASOTAI DESOTO MARTIN i s Wood Stork Nesting Colonies and CHARLOTTE ' GLADES _ t Core Foraging Areas r -+ PALM I" Active Within 2008-2017 in Florida \ .t BEACH $ LEE I HENDRY ® Colonies Active In FL 2008-2017 > r 1 O Colonies Active In GA 2005-2014 0 Colonies Active In SC 2005-2014 i, COLLIER BROWARD Foraging Area Active 2008-2017 1 i Foraging BufferRadias: USFWS South Florida Counties: 18.6 miles South Florida ----- Central Florida Counties: 15 miles Vero Beach Office MONROE North Florida Counties: 13 miles Responsibility a I MIAMI-DADE = Neighboring States: 13 miles � 1 L_J Florida Counties . �+ Water _USFWS Ecological Services Office Boundary WOST colonies update 2018 USFWS Jacksonville Fl. https.//Www.fws.gov/northnmda/ n, The Information on this map has been compiled from a varlety of sources and Is Intended for '+ + lV illustration purposes only. No warranty, expressed or Implied, Is made. regarding utility :accuracy, 'reliability, or 'compielenes of this map. January 27, 2021 City of Ocoee 150 N Lakeshore Drive Ocoee, FL 34761 ARCHITECTURE Business Center Design Plan RE: Progress Commerce Park To Whom It May Concern: The following letter refers to the project above on meeting the requirements outlined in the SR 429 Business Center Design Plan for industrial buildings. The buildings are oriented on site so that all service areas (loading dock, dumpster, etc.) are internal facing and screened with landscaping and low walls where not obstructed by the buildings. All buildings with frontage to any public roads have their primary entrances oriented to the road as specified in design section 4.4.10. The building design complies with the 4.7.3 industrial facade standards as follows: o Awnings have been incorporated at each building entrance. o The facade incorporates the vertical "copper mountain" colored sections to break up the facade into the appearance of single user sections. Each section maintains a building entrance feature. o Sections of the building has been divided horizontally to represents a ground floor area. As designated by the change in paint color from the lower section to the field color. As well at the storefront areas with the awning/decorative banding delineating ground from area above. o All facades of the building will be comprised of painted and textured concrete walls with finished metal accent features along the building fronts. o The four building colors will be used consistently for all buildings on all facades and screen walls. o All prefinished metal features (gutter, downspout, louvers, overhead doors, etc.) will be of a consistent color, integrating with the color palette of the facade. o The primary fauade ground floor transparency is required to meet 10%. The typical building elevation design shows 302 linear feet of glass along the 704 feet building facade (43%). All primary building facades will vary slightly with length of building and number of entrances. However, the transparency standard will be met on each building. These buildings will fall into the category of modern/contemporary design as outlined in 4.9.4. The facades are comprised of geometric shapes forming asymmetrical volumes. The building entrances are distinguished with the metal structural elements and large glass sections. Samples of paint color, finished metal, textured concrete walls can be provided if required. Respectfully, Clark M. Stranahan, Alk NCARB Florida License #91246 Cc: file CLEAR ANODIZED ALUMINUM DECORATIVE BANDS TOP OF CONC. TOP OF CONC. TOP OF CONC. -41'-0" A.F.F. 39'-0" A.F.F. 38'-0" A.F.F. SIDE ELEVATION FIELD PAINT COLOR SW2427 ALPINE WHITE ACCENT 1 PAINT COLOR SW6356 COPPER MOUNTAIN FRONT ELEVATION TOP OF CONC. 39'-0" A.F.F. TRUCK COURT -4'-0" A.F.F. ACCENT 2 PAINT COLOR ACCENT 3 PAINT COLOR SW7045 SW7047 INTELLECTUAL GRAY PORPOISE 4TIVF T" r 4R Al MINU REFF SS S' )PY )RATIvt i ubL: WITH GREEN TINTED GLASS ENLARGED FRONT ELEVATION WITH GREEN TINTED GLASS clvL-r-\rwL-v rrw[Nl I E--L-E.vr-\ I Ivly TOP OF CONC. 42'-10" A.F.F. FINISH FLR 0'-0" A.F.F. TOP OF CONC. 38'-0" A.F.F. 0' 20 40' TYPICAL EXTERIOR ELEVATIONS SCAL E:1"=20'-0" JANUARY 25, 2021 OCOEE , FLORIDA McCRANEY ARCHITECTURE TYPICAL CORNER ENTRANCE SIGNAGE SLUE 1/4'=1'—O' 12'-0" MAX r Q OP I — — — — T-1J. ALLOWABLE AREA FOR TENANT SIGNAGE ALL SIGNAGE LOCATIONS, AREA, AND SPECIFICATIONS ARE SUBJECT TO OVER-RIDING LOCAL CODES AND DEED RESTRICTIONS. 6' h91N. HEIGHT LETTERS AT EACH TENANT ENTRANCE. ALUMINUM RACEWAY/STAND-OFF Q POUTED TO MATCH GUILDJ G UETTIFONT. SITE MOUNTING POINT TO WAIL FONT: AVANT GARDE MEDIUM. VATERIAL' Y' THICK BRUSHED ALUMINUM COLOR CLEAR ANODIZED EXISTING WALL ALUMINUM LETTERS - MOUNTED TO RACEWAY WITH CONCEALED ATTACHMENT a i ' III A.Z i N L DESCRIPTION WORK INCLUDES USING TENANT SUPPLIED AND TENANT SPECIFIED PROMOTION GRAPHICS AND SIGNAGE. CONSTRUCTION OF SIGNAGE TO BE DETERMINED/APPROVED BY THE LESSEE AND LESSOR. SIGNAGE SHALL COMPLY WITH ALL CITY BUILDINGISIGNAGE CODES, APPROPRIATE STATE ARCHITECTURAL BARRIERS ACT($), AhMERICAN WITH DISABILITIES ACT, AND ANY AND ALL DEED RESTRICTIONS. ALL SIGNAGE WILL BE ATTACHED TO THE BUILDING AT LOCATIOIDS) SPECIFIED IN THE DETAILS SHOWN IN THIS DOCUMENT. SUBMITTALS TENANT MUST SUhMBIT COMPLETE ELEVATIONS AND DETAILS FOR ALL SIGNAGE AT A MINIMUM SCALE OF V2'=/'-0'. TENANT SHALL SUBMIT ANY AND ALL SPECIFIC SIGNAGE PROPOSALS FOR APPROVAL. SUBMITTAL SHALL INCLUDE BUT NOT BE LIMITED TO TYPEFACE(S), LETTER SIZE, ORIGINAL ART, ATTACHMENT, AND CONSTRUCTION METHOD(S). METHODS SIGNS SHALL BE INDIVIDUAL LETTERS PROFESSIONALLY FABRICATED TO HIGH STANDARDS. LETTERS AND SHAPES MUST BE BACK -LIT, AND PASS THE LESSORS WRITTEN APPROVAL. OTHER SIGNAGE AND LIGHTING METHODS MUST BE PRESENTED TO THE LESSOR FOR CONSIDERATION. ANY AND ALL HOLIDAY SPECIFIC ANDIOR TEMPORARY SIGNAGE MUSTHE APPROVED BY THE LESSOR. INSTALLATION -ALL SIGNAGE IS TO BE "OUtITED TO BUILDING RACEWAY BY CONCEALED FASTENERS. -ALL SIGNAGE IS TO BE INSTALLED PLUMB AND SECURE WITH UNIFORM SPACING AND IN ACCORD WITH INDUSTRY STANDARDS, CITY CODES, APPROPRIATE STATE ARCHITECTURAL BARRIERS ACT, AND AMERICANS WITH DISABILITIES ACT, - TENANT SHALL BE RESPONSIBLE FOR ANY AND ALL SIGNAGE ASSOCIATED ELECTRICAL WORK REPAIRS, AND MAINTENANCE. - ELECTRICAL SERVICE TO ALL TENANT SIGNAGE MUST BE FED FROM TENANTS CIRCUITS. MAINTENANCE TENANTS RESPONSIBLE FOR THE CONTINUING MAINTENANCE AND FULL FUNCTIONING OF ANY AN ALL TENANT SPECIFIC SINGAGE, MALFUNCTIONING LIGHTING, OR SIGN DAMAGE MUST BE REPAIRED WITHIN 24 HOURS OF NOTIFICATION. ANY REPAIR METHODS SHALL BE SAME OR EQUAL TO EXISTING APPROVED SIGNAGEAh9ETHODS, EXCLUSIONS 6'� NO MECHANI L MOVEMENT. ') 'I TYPICAL 18'Xi8' DOCK NUALBER SIGNAGE NO CIRCULATING LIGHTING METHODS. ULATI GLIGHINGM -BOTTOM OF SIGN ARM OVERHEAD DOOR NO OFF -FACE LIGHTING METHODS. OPENING. CENTER SIGN ON DOCK DOOR. -SHOP FABRICATED AWVJNUM PAN STOREFRONT ENTRANCE MOUNTED SIGNAGE .080 PAPTID W/ SIGW,GE V.NFR'S STANDARD STOREFRONT ENTRANCE MOUNTED SIGNAGE SHALL BE VINYL DIE -CUT LETTERS CONSISTING OF TENANT NAME AND HOURS OF OPERATION. SIGNAGE SHALL BE LOCATED ON STOREFRONTPER DETAIL SHOWN. TYPEFACE SHALL BE HELVETICA, COLOR SHALL I OSS ALITOMOTNE PART SYSTEM TO BE WHITE, TENANT NAME TYPE SIZE SHALL BE 4' MAXIMUM HEIGHT (HEIGHT MAY BE ADJUSTED BY THE LESSOR IF THE TENANTS NAME LENGTH REQUIRES); HOURS OF OPERATION TYPE SIZE SHALL BE 1- MAXIMUM HEIGHT. COLOR, TYPEFACE, LAYOUT, TENANT LAME, AND - MATCH E)OSrNG BUILDING WALL ADJACENT HOURS OF OPERATION!./UST BE APPROVED BY THE LESSOR BEFORE INSTALLATION. STOREFRONT MOUNTED SIGNAGE SHALL BE INSTALLEDON THE INTERIORSIDE OF THE TO MOUNTING LOCATION. STOREFRONT GLASS ONLY.110 ITEMS ARETO BEATTACHED TO THEEXTERIOR OF THE STOREFRONTOR STOREFRONT GLASS. ANY ITEMS OTHERTHAN THETENANT NAMEAND MM LETTERS: 10' TALL, FORT SHALL BE AVANT HOURS OF OPERATION MUST REAPPROVED BY THE LESSOR BEFORE INSTALLATION, GARDE VEDIUM. COLOR: /8886 METALLIC SILVER. OWNER RESPONSIBLE SIGNAGE ALL SUITE DESIGNATION SIGNAGE IS THE PROPERTY, AND RESPONSIBILITY OF THE LESSOR, UPKEEP, REPAIR AND ALTERATIONS ARE THE RESPONSIBILITY OF TYPICAL DOCK NUMBER I THE LESSOR, IF SUITE DESIGNATION SIGNAGE HAS BEEN DAMAGED OR IS IN NEED OF REPAIR CONTACT PROPERTY MA AGEhMENT. SCALE: North I� oIo oo 0' 2' 4 8' ~ PROGRESS COMMERCE PARK SCALE:1 /4"=1'-0" OCOEE , FLORIDA ARCHITECTURE Planning & Zoning Commission July 13, 2021 Vice -Chair Lomneck asked if this facility will include a memory care unit. Mr. Lee said only skilled nursing will be available, no memory care. Member Forges inquired if there will be any excess land for future development. Development Services Director Rumer said, if approved, this development will utilize all 12.34 acres. The Public hearing was opened. As no speaker forms were received, the public hearing was closed. (7:00 pm) Motion: Move that the Planning and Zoning Commission, actinq as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Pruitt Health Skilled Nursing Facility Substantial Amendment to the Fountains at Highland Park PUD/LUP; Project No: RZ-21-03-05, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Mellen, Seconded by Member Forges; motion carried unanimously. C. Progress Commerce Park — Annexation, Large Scale Comprehensive Plan Amendment, Rezoning to PUD and Large Scale Preliminary Site Plan; Project No(s): AX-01-21-01, CPA-2021-001, RZ-21-02-01 & LS-2021-002. (Advertised in the West Orange Times on Thursday, July 1, 2021) Development Services Director Rumer presented a brief overview of this proposed Large Scale Preliminary Site Plan (PSP), which is approximately 39.96 acres and located on the west side of Ocoee Apopka Road, east of SR 429 and 2,900 feet south of Fullers Cross Road. The site is located within the SR 429 Business Character Area Overlay. The applicant is proposing an Annexation, Large -Scale Comprehensive Map Amendment from Low -Density Residential (4 D.U./Acre) to Light Industrial, rezoning to PUD and a Large -Scale Preliminary Site Plan in order to develop 482,940 SF of Light Industrial/Warehouse use located within eight (8) buildings. Three (3) 27,000 SF buildings are proposed to be located along Ocoee Apopka Road with two (2) 50,000 SF buildings behind them. He stated this property is located within the SR 429 Business Character Area Overlay, which does not intend to facilitate this type of development in the subarea. However, the applicant and City Staff have worked diligently to develop a project size and layout that will meet the intent and desired outcomes of the overlay. Special conditions and criteria that make this project unique and beneficial will be used as new code requirements for the Ocoee Apopka Road Corridor and Business Character Area. The proposed Progress Commercial Park will provide the much -needed extension of sewer service to the area via its contribution towards a new public master lift station. Additionally, right-of-way dedication and a 12-foot trail will be provided along Ocoee Apopka Road. The applicants propose to improve Ocoee Apopka Road with right-of-way dedication, add turn lanes, and construct a new east/west public roadway that will open new properties to development with the future extension of Pine Street. 4 Planning & Zoning Commission July 13, 2021 Discussion: Member Kennedy inquired what type of road is on the other side of SR 429 where the other warehouses are located. Development Services Director Rumer said those warehouses front East Crown Point Road, which is in the jurisdiction of the City of Winter Garden. Sean Carpenter, Applicant, McCraney Property Company, said they developed the nearby industrial business park called Ocoee Business Park, which has been very successful and currently almost at full occupancy. He explained their warehouses bring in commerce jobs such as service and manufacturing companies, which is in high demand. He also explained this project has been scaled down and will not be conducive for big tractor -trailers, but will allow box trucks. He discussed the enhanced landscaping with an added berm along the north side of the property along Demastus Lane. He announced he is happy to answer any questions the Board may have. Vice -Chair Lomneck asked if a noise buffer will be erected along the north side of the property for the property owners on Demastus Lane. Mr. Carpenter explained they decided on enhanced landscaping with a berm for a more natural look as compared to a wall. Development Services Director Rumer explained the properties to the north are zoned agriculture, which does not have public road frontage except for the less than 50 foot paper road called Demastus Lane. Vice -Chair Lomneck expressed his concerns regarding truck traffic along Ocoee Apopka Road. Member Kennedy said the staff report indicated the 429 Business Character Area does not intend to facilitate this type of development. He asked how much and what type of truck traffic will be on this road if this project is approved. Development Services Director Rumer explained there currently are some existing light industrial uses within this corridor; and further, the characteristics within this area were revised with the overlay by increasing to 7 - 9 trips per house per day. This development is proposed to provide a maximum buildout potential of 2,376 daily trips with peak hours from 7:00 to 9:00 am and 4:00 to 6:00 pm with 11 percent being heavy truck traffic. Member Forges stated he believed this type of industrial business park is needed and that Ocoee Apopka Road needs to be widened at some point in the future. Development Services Director Rumer explained the City is planning to make N. Lakewood more of a primary road; and further, the Expressway Authority is undergoing major improvements to the 429 by reconfiguring the exit ramps, lanes and opening the medians to handle traffic loads. The future extension of Pine Street will be utilized instead of Ocoee Apopka Road; and further, the Wurst Road extension will be utilized as well. Member Williams said she is struggling with the timing of this project, because if this project goes forward, it will impact the roadways. Development Services Director Rumer explained Ocoee Apopka Road- is not in the County's five-year plan for widening; however, undergoing road improvements nearby will create relief until the County is ready to widen it. Planning & Zoning Commission July 13, 2021 (7:45 pm) Dice -Chair Lomneck opened the public hearing. Lauren Ulmer, 1774 Crown Point Woods Circle, stated she lives nearby and has concerns regarding buffers, water runoff, chemicals in the wells, construction and safety. Vice -Chair Lomneck asked if the stormwater is enclosed. Development Services Director Rumer answered in the affirmative; and further, explained that everything is done indoors with the City's light industrial land use. There will be no manufacturing done outside or outside storage of materials. The stormwater in this area is located in the Lake Apopka Basin, which has some of the most stringent stormwater requirements in the state, because of the restoration of Lake Apopka. David Morse,1825 Demastus Lane, stated he owns the second property from Ocoee Apopka Road, just north of this site. His property faces the subject site, and he stated he would like a buffer. Vice - Chair Lomneck asked him if he would rather see the enhanced landscaping with a berm or an eight to ten -foot wall. Mr. Morse stated he would like it to be more aesthetically pleasing. He stated he is concerned about the traffic on Ocoee Apopka Road; and further, he said there are a lot of families and children living on Demastus Lane and asked that there be no access off of Demastus Lane other than for emergency services. Development Services Director Rumer stated the developers were initially looking for access off of Demastus Lane, but that did not work out, because Demastus is not big enough. The road would have to be dedicated to the County for a public road to be put in. He stated there will be no way to access this project from Demastus Lane with vehicles. Ana Rosa, 1200 Log Landing Drive, stated her concern is rezoning for the traffic, because traffic is very heavy. She believed it would be best to widen Ocoee Apopka Road and then rezone for this project. Development Services Director Rumer explained that currently Ocoee Apopka Road is not failing level of service; however, with the existing background trips, it will fail. He stated again a few nearby road improvements that will create relief until the County is able to improve Ocoee Apopka Road. He explained it is against the law to turn down an applicant due to roadway issues. Vice -Chair Lomneck closed the public hearing. (8.01 pm) Member Mellen asked how changing the rezoning from agriculture to light industrial will impact the values of the nearby homes. Development Services Director Rumer explained bringing sewer to the area will definitely raise property values. He further expressed that this project will always be under one owner and maintained by one owner, which also benefits nearby properties. Member Forges stated he believed a wall at the north end would be safer than a berm. Member Williams stated her concern is still regarding the overall timing. Member Kennedy asked since the overlay was adopted in 2017, what, if any, would be the consequences to the rest of this business area overlay if this light industrial is approved. Development Services Director Rumer explained the overlay in more detail. Planning & Zoning Commission July 13, 2021 (8:22 pm) Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Progress Commerce Park Annexation; Project No: AX-01-21-01, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Williams, Seconded by Member Forges; motion carried 4 to 1 with Member Mellen opposing_ Member Forges asked if he could see the buffer before this next motion. Development Services Director Rumer explained where the buffer would be located with a berm. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Progress Commerce Park Rezoning to PUD; Project No: RZ-21-02-01; and further, add a condition that a 12-foot buffer fence be installed along the north side, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice -Chair Lomneck, Seconded by Member Williams; motion carried 3 to 2 with Member Kennedy & Member Mellen opposing. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Progress Commerce Park Large Scale Comprehensive Plan Amendment; Project No: CPA- 2021-001, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Forges, Seconded by Member Williams; motion carried 3 to 2 with Member Kennedy & Member Mellen opposing. Motion: Move that the Planning and Zoning Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Denial of the Progress Commerce Park Large Scale Preliminary Site Plan; Project No: LS-2021-002, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Member Williams, Seconded by Member Kennedy; motion carried 3 to 2 with Vice -Chair Lomneck and Member Forqes opposing. Member Williams stated that she is not opposed to the annexation, rezoning or land use amendment, but believes the details of this project needs further work. Development Services Director Rumer explained the rezoning sets up the criteria; whereas, the site plan demonstrates the rezoning is being met. He further explained the motion for rezoning was to recommend approval with a condition; however, her motion to recommend denial of the site plan will not allow it to meet the zoning requirements. Motion: Move to rescind the previous motion made by Member Williams; Moved by Member Williams, Seconded by Member Mellen; motion carried unanimously. Motion: Move that the Planning and Zoninq Commission, acting as the Local Planning Agency, recommend to the Ocoee City Commission Approval of the Progress Commerce Park Large Scale Preliminary Site Plan; Project No: LS-2021-002, subject to resolution of the remaining staff comments before the City Commission meeting; Moved by Vice -Chair Lomneck, Seconded by Member Forges; motion carried 3 to 2 with Member Kennedy & Member Mellen opposing THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A. Cookson, Esq. SHUFIELD, LOWMAN & WILSON, P.A. 1000 Legion Place, Suite 1700 Orlando, FL 32801 RETURN TO: Melanie Sibbitt, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 For Recording Purposes Only ANNEXATION AND DEVELOPMENT AGREEMENT Commerce 429 THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of 120 by and between by Progress Commerce Park LLC, a Florida limited liability company, whose address is 189 S. Orange Avenue, Suite 1170, Orlando, FL 32801 (together with his successors and assigns, 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, (hereinafter referred to as the "City"). WHEREAS, Owner owns fee simple title to certain lands located in Orange County, Florida, and adjacent to 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 Section 171.044, Florida Statutes, Owner has petitioned the City Commission of the City (the "Ocoee City Commission') to voluntarily annex the Property into the corporate limits of the City (the "Petition'); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend certain municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, pursuant to the petition of Owner, on , 201_, the Ocoee City Commission approved Ordinance No. rezoning the Property as "A-1 " under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-10 of Article IV of the Ocoee Land Development Code require that Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, 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: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Annexation of the Property. Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. for Case No. AX-01-21-01 thereby redefining the corporate territorial limits of the City to include the Property (the "Annexation Ordinance"). Section 3. Development Approvals. Nothing herein will be construed to grant or waive on behalf of the City any development approvals that may be required in connection with the Final Plan or the Owner's development of the Property. Notwithstanding this Agreement, the Owner must comply with all applicable procedures and standards relating to the development of the Property. Section 4. Development of the Property. A. Owner hereby agrees to develop the Property in accordance with that certain Preliminary Site Plan for the Property, date stamped as received by the City on (hereinafter referred to as the "Site Plan"), with such changes thereto as may be agreed upon in the approval of a Final Site Plan for the Property. The Site Plan is hereby incorporated herein by reference as if fully set forth herein. B. 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"). Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. C. Except as otherwise expressly set forth in this Agreement and the Site Plan it is agreed that (1) 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 site 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. D. Off -site Utility Improvements. Owner shall, at Owner's expense, construct a private lift station on the Property and shall construct and install a force main to service the Property east through City property located at 951 Ocoee Apopka Road, Ocoee, FL 32761 (the "City Property") to connect to the force main located at the terminus of Clinger Cove Road or south along the Ocoee Apopka Road right-of-way to the connection point at the force main adjacent to the Vermeer Trinity site located at 428 Ocoee Apopka Road, Ocoee, FL 34761 (the "Vermeer Property"), in which case the City shall consider future development pursuant to a pioneering agreement. E. Drainage: Mass -Grading Permit. Following passage of the Annexation Ordinance and all applicable appeal periods, and the issuance of a Saint Johns River Water Management District (SJRWMD) Permit, City agrees to grant Owner a Mass -Grading Permit prior to site plan approval, provided, however, such Mass -Grading Permit shall contain erosion protection, storm water prevention plan, and shall be subject to the City's timing requirements. F. Transportation Improvements. The transportation improvements shall be constructed in accordance with the Commerce 429 Architectural & Site Development Standards by iPlan & Design dated August 31, 2021 (the "Development Standards"). Following passage of the Annexation Ordinance, Owner shall dedicate thirty-five (35') feet of frontage along Ocoee Apopka Road to the public for use a public right-of-way and shall provide for a right turn and left turn on Ocoee Apopka Road. Owner agrees to construct and maintain a new fifty (50') foot wide east -west road along the northern portion of the Property and shall construct and maintain the public stormwater on the Property in relation to such new right-of-way. G. Traffic Study. In lieu of the proportionate share (mitigation) payment as contemplated in that certain Traffic Impact Analysis by Luke Transportation Engineering Consultants dated June 2021 (the "TIA"), Owner agrees to construct the extension of Ocoee Crown Pointe Parkway from the existing southernmost terminus to the northernmost terminus to be constructed by Orange County Public Schools (the "OCPS") on the western boundary of the proposed technical college property. Any such costs in excess of the proportionate share (mitigation) payment in excess of One- Hundred Forty and NO/100 Dollars ($140,000.00), shall be in form of transportation impact fee credits to Owner. Section 6. 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 parry delivered in accordance herewith. Section 7. 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 8. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of Owner, execute and deliver letters affirming the status of this Agreement. Section 9. 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 10. 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 11. 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 12. 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 13. Specific Performance. Both the City and Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 14. 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 15. 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 16. 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 17. 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. Section 18. Effective Date. The Effective Date of this Agreement shall be the date when the City signs the Agreement. Zi M� R1 a 0 �i. 1] CI] 1M rC1Ti�l IN WITNESS WHEREOF, 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. Signed, sealed and delivered in the OWNER: presence of Print Name Print Name STATE OF _ COUNTY OF Bv: Steve McCraney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Steve McCraney, who [_] is personally known to me or L ] produced as identification. 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): Signed, sealed and delivered in the presence of: Print Print N FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of SHUFFIELD, LOWMAN & WILSON, P.A. LIM City Attorney STATE OF FLORIDA COUNTY OF ORANGE CITY: CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON DAY OF , UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared 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 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): EXHIBIT "A" THE PROPERTY EXHIBIT "B" CONDITIONS OF APPROVAL Section A. General 1. 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 _ (1) phases. 3. Each phase of the project will stand on its own with respect to public services (sewer, water, stormwater management, access and other related services). 4. Except as specifically noted on this plan, 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"). 5. 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 plan. 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. 7. There shall be no access from the property to any public streets except at the approved locations shown on the approved Final Subdivision Plan/Final Site Plan. 8. 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. 9. Development of this ro erty is subject to that certain Development Agreement dated � as recorded in Official Records Book , Page -, Public Records of Orange County, Florida. 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 River Water Management District ("SJRWMD") 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. To the extent any lift stations are required on the property they will be conveyed to the County at the time of platting. Lift station facilities shall be designed to accommodate a master pumping station consistent with the County's utility master plans. 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' from any street. Such lift stations shall also be screened with hedge -type shrubbery, such as viburnum or ligustrum. Section B. Trees 1. Existing trees eight feet (8') or larger (other than 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 approved Final Subdivision Plan/Final Site Plan, 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. 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. 6. The final grading plan will preserve existing grades on individual lots and tracts containing protected trees as much as possible. 7. All landscape areas will be irrigated and have an automatic rain sensor. Section C. Easements/Utilities 1. 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. 3. All utilities including electrical, cable, TV, and telephone and including on -site existing overhead wires shall be placed underground. 4. Unless otherwise noted, there shall be a 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. Final easement dimensions will be shown on the Final Subdivision Plan/Final Site Plan and will be sized to meet City requirements. 6. 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 the owner execute an easement in recordable form with respect to the foregoing. 7. An emergency access easement to the retention ponds and over all drainage easements shown hereon 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. Section D. Association 1. Intentionally deleted. Section E. Streets 1. Intentionally deleted. Section F. Stormwater Management System 1. All retention ponds will be unfenced with 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 retention areas shall be fifteen feet (15') feet from the top of the bank. 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 Owner. 5. Notwithstanding the conveyance of the retention ponds to the Owner 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 Owner have in fact been conveyed to the Owner; iii. the Owner 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 Owner acknowledging receipt of the Owner's proposed maintenance plan with respect to the SWMS and that the Owner 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. 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'). 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 Proiects Intentionally deleted. Section I. Single -Family Residential Projects Intentionally deleted. Section J. Townhome Proiects Intentionally deleted. Section K. Wekiva Study 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 Orange 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. PLAN & DESIGN COMMERCE 429 ARCHITECTURAL & SITE DEVELOPMENT STANDARDS DECEMBER 1, 2021 823 N. OLIVE AVENUE WEST PALM BEACH, FL. 33401 T 561.797.4217 W IPLANANDDESIGN.COM E IPLANADMIN@IPLANANDDESIGN.COM ---era.• ,. yip .w q� Xr 4 �eAr � e rA0110 ' �V PLAN & DESIGN INDEX PLANNED UNIT DEVELOPMENT (INDUSTRIAL) ............................ 03 PUD TRANSPORTATION NETWORK ............................................... 05 PUD PEDESTRIAN NETWORK.......................................................... 06 PUD LANDSCAPE BUFFERS.............................................................. 07 PUD ARCHITECTURE......................................................................... 09 PUDSIGNAGE.....:............................................................................. 11 PUD LIGHTING.................................................................................. 12 APPENDIX.......................................................................................... 13 Appendix A — Transect Exhibit ........................................... 13 Appendix B —Vehicular Circulation Exhibit ...................... 14 Appendix C — Pedestrian Circulation Exhibit .................... 15 Appendix C — Master Sign Exhibit ...................................... 16 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 2 of 16 PLAN & DESIGN PLANNED UNIT DEVELOPMENT (INDUSTRIAL) BACKGROUND Pursuant to the design requirements of the Winter Garden — Ocoee Land Use + Economic Development Study and Master Plan Character Area Design Plan for the 429 Business Center in conjunction with the plan development requirements of Land Development Code section 5-3.1 (D)&(E), Special Overlay Area plan preparation and plan components the Applicant has prepared the following graphic design manual to regulate the phased build -out of the Planned Industrial Park known as Commerce 429 PUD. Site development and building programming; architectural design standards; and, buffering and access roadway design standards have been created that will guide the long-term development of the center. Amendments to the design standards established in this document may occur from time to time and will be subject to review and approval by the City of Ocoee Planning and Zoning Department. GENERALPURPOSE The intent of these development regulations is to establish a consistent and effective deign vernacular for the first large scale industrial development to be implemented within the boundary of the City's Character Area: State Road 429 Overlay. The subject property is comprised of four lots that total 39.965 acres of land which are proposed to be developed into a comprehensively planned industrial park. The subject lands are located between Ocoee Apopka Road and State Road 429 (the Western Expressway) to the east and west respectively, and Orange County residential properties to the north across Demastus Lane and agricultural and industrial properties to the south of the site at the terminus of Pine Street. The design standards established herein shall ensure this project adheres to the vision and design requirements of the Business Center Design Plan and provides sufficient protections for adjacent/neighboring residential uses. Defining specific building size restrictions; location of access points; enhancement of infrastructure; setbacks and enhanced buffering where necessary will ensure successful integration of this development into the study area boundaries. The site is approximately one mile away from the Western Expressway interchange and will foster future development between this site, the remainder of the 429 Design Center area and that significant interchange. TRANSECTS Natural and Development transects have been established to fully satisfythe appropriate design intensities throughout the PUD based on adjacency to natural systems and/or residential and non-residential uses, (see Appendix A — Transect Exhibit). Building massing, orientation, and sizing all have been organized to ensure building intensities respond appropriately to the surrounding contextual conditions. The natural transects will typically consist of landscape buffers, landscaping, wetlands and greenways and water management tracts. Development transects include restricting the size of buildings located within a certain distance from the design area's principal roadway (Ocoee -Apopka Road). The development shall limit the size of all buildings located within 350 feet of Ocoee Apopka Road to no greater than 55,000 square feet. A further refinement of this appropriate scaling of the building massing includes a further restriction that no buildings greater 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 3 of 16 PLAN & DESIGN than 30,000 square feet shall be located within 100 feet of Ocoee -Apopka Road. All buildings located within this transect will be required to adhere to the architectural design criteria established for Industrial buildings within the Business Center Design Plan and will provide sufficient foundation planting to enhance the visual appearance of the fagade(s) facing adjacent roadways. Further, an enhanced landscape buffer has been designed along the Ocoee Apopka Road and northern property boundary(adjacent to residential uses, (see PUD BUFFER CROSS SECTIONS below). SITE SPECIFIC DEVELOPMENT REQUIREMENTS Creation of site element regulations for this planned development has been done in compliance with the 429 Business Center Design Plan and include loading areas/service courts; dumpster enclosures; vegetative screening of utilities & mechanical equipment; parking, fencing and walls; building orientation and build -to lines. Setbacks have been established with the understanding that reduction or elimination of any potential off -site impacts to neighboring properties can be successfully achieved. Principal building setbacks exceed all code requirements. LOADING AREAS/SERVICE COURTS: Loading areas have been designed in accordance with Section 3.1 of the 429 Business Center Design Plan with loading areas located behind buildings adjacent to State Road 429 and Ocoee Apopka Road. Further, loading areas located adjacent to residential properties and other public roadways shall be screened with an 8-foot-tall screen/sound wall to further reduce sound and visibility into these active areas of the site. These loading areas are accessed by way of a system of private internal driveways (see Appendix B — Vehicular Circulation Exhibit). The majority of loading zones are sixty (60) feet in depth to support large vehicle deliveries. Buildings 100-300 have a reduced loading depth of fifty (50) feet as it is expected that loading requirements for these smaller bay tenants will be less. DUMPSTER ENCLOSURES Dumpster enclosures will be located at the rear of all buildings in accordance with Section 3.1 of the 429 Business Center Design Plan. Dumpsters will be located within enclosures that meet the requirements of the service provider hauling waste from the site. Enclosures shall be either precast or stucco finished masonry with opaque metal doors. The enclosure colors shall match the principal buildings. Where dumpsters are not located within service court areas and/or screen walls, landscaping shall be provided around three (3) sides of the enclosure to improve the aesthetic appearance of the enclosure. UTILTIY/MECHANICAL EQUIMENT SCREENING Mechanical equipment shall be located on rooftops and at -grade. Roof top mechanical equipment shall be screened from public view and shall be visually lower than the building parapet walls. At -grade mechanical equipment shall, to the greatest extent possible, be located in the service court area at the rear of the buildings and fully screened by way of walls and/or landscaping. 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 4 of 16 !PLAN & DESIGN W • 8110110 The majority of parking has been located centrally within the planned development. Limited parking has been provided along Ocoee Apopka Road and adjacent to ST RD 429 in close proximity to the fronts of the respective buildings and the points of public access including ADA access to the uses. ADA accessible parking has been distributed along all building facades to provide convenient access for physically challenged persons. The number of ADA spaces provided shall meet or exceed the required number of spaces to accomplish convenient access and meet the needs of the public. BUFFER WALLS AND FENCING Buffer screening has been specified adjacent to residential properties along the northern edge of the planned development. Screen fencing shall be a minimum of five (5) feet in height and where appropriate shall be installed in conjunction with a two- to four -foot undulating and meandering landscaped berm to further reduce potential security impacts from the development. PUD TRANSPORATION NETWORK CONTEXTUAL STREET/CIRCULATION SYSTEM The Planned Development is proposed to have three (3) access connections. Two full access connections will be provided from Ocoee Apopka Road (CR 437) which is categorized as a collector roadway. The principal truck entrance will be located at the southeast corner of the development where that roadway intersects "New Lane". The third access connection will be a full access onto Pine Street (a local roadway) that will be limited to employee access only (no heavy vehicle access). Ocoee Apopka Road shall be modified along the frontage of the new development with additional right-of-way being dedicated for a multipurpose pathway and dedicated right -turn lane onto New Lane from the north. A dedicated left turn lane has been programmed within the existing right-of-way from the southern approach to New Lane. Modifications to the north and south approaches to New Lane and the development will ensure passing traffic will not be impacted by vehicles (standard vehicles and large trucks) accessing the development. (See Appendix B — Vehicular Circulation Exhibit). COLLECTOR STREET AND LOCAL STREET The PUD is located adjacent to a significant collector roadway (Ocoee Apopka Road) and shall construct and connect an adjacent local roadway (Pine Street) as part of the circulation system that supports this development. These roadways will further connect to a series of private internal driveways to effectively manage access to the development and throughout the development to specific end uses, (see Appendix B — Vehicular Circulation Exhibit). Also, the project has integrated effective identification signage and wayfinding signage to further separate and organize standard vehicle access and large vehicle access, (see Appendix D — Master Sign Exhibit). INTERNAL DRIVEWAYS The PUD possesses and/or integrates a series of internal driveways that shall accommodate employee and standard vehicles as well as large vehicle circulation. Driveways have been designed specifically to 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 5 of 16 PLAN & DESIGN distribute standard vehicle traffic and large/heavy vehicle traffic efficiently to their respective final destinations within the development. Wider access driveways have been located at the backs of the buildings in the areas of service courts and away from adjacent public roadways (Ocoee Apopka Road, New Lane, and Pine Street). Heavy vehicle driveways range between 50-60 feet in width, (see Appendix B — Vehicular Circulation Exhibit). PUD PEDESTRIAN NETWORK CONTEXTUAL PEDESTRIAN CIRCULATION SYSTEM The PUD shall develop along the eastern and southern perimeters of the project new multipurpose and pedestrian sidewalks to provide sufficient pedestrian infrastructure for employees, vendors, and the passing public to access the development by foot or other non -motorized methods. Currently, no sidewalks or multipurpose paths existing along Ocoee Apopka Road (CR 437). As this development represents a comprehensive full-scale development within the Ocoee Apopka Road corridor and within the 427 Business Center Overlay it is imperative that the pedestrian environment be developed and enhanced for this and future projects adjacent to the Progress Commerce Park as well as in the immediate area. (See Appendix C— Pedestrian Circulation Exhibit). MULTIPURPOSE PATHWAY A twelve -foot (12) wide multipurpose pathway has been specified along the frontage of the development. This pathway represents the first segment of all future connections from the north and south as other projects are developed along the corridor (to the north) and within the 427 Business Center Overlay (to the south). Landscaping shall be provided to shade users and create an aesthetically pleasing and comfortable walking/cycling/golf carting environment. The multipurpose pathway connects to both adjacent and internal sidewalks that connect adjacent properties and individual buildings within the development respectively, (see Appendix C — Pedestrian Circulation Exhibit). SIDEWALKS & PEDESTRIAN AMENITIES A series of internal sidewalks connect the public sidewalks surrounding the development with public entrances to each building as well as to interactive greenspace within the development (located along Ocoee Apopka /CR 437). Where practicable, site furniture such as benches, garbage receptacles and bicycle racks shall be provided for use by tenants and the public coming to the site (see typical examples below). 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.corn Page 6 of 16 PLAN & DESIGN El Benches shall be specified with center arm rests to maximize security on the site for tenants and the public accessing the site, (see Appendix C — Pedestrian Circulation Exhibit). PUD LANDSCAPE BUFFERS ENHANCED INCOMPATIBILITY BUFFER (40-FOOT BUFFER) The PUD shall incorporate effective sound and visual buffering between residential uses and uses programmed within the industrial park. The typical incompatibility buffer will consist of a 40-foot-wide landscape buffer that will incorporate a meandering and undulating berm (ranging between 2-4 feet in height) and five (5) foot tall fence. Landscaping shall be layered to provide multi -layered visual screening and interest as well as sound absorption. In the area where buildings are located, additional sound and visual buffer walls shall be provided to screen service court / loading areas of the on -site activities. 823 N. Olive • West Palm Beach, FL 33401 - Ph 561.797.4217 • www.iplananddesign.com Page 7 of 16 PLAN & DESIGN NORTH BUFFER BERM & FENCE ENHANCED RIGHT-OF-WAY BUFFER (25-FOOT BUFFER: OCOEE-APOPKA RD. & ST. RD. 429) The PUD shall incorporate a substantial right-of-way buffer along Ocoee -Apopka Road that will create an enhanced visual appearance of the buildings fronting this principal roadway. A multi -purpose pathway (12- feet in width) is provided to the public along the entire frontage to support alternative forms of transportation to and from this development. A three (3) foot high berm is incorporated into the 25-foot- wide buffer with layered landscaping for visual screening of the row of parking located at the front of the project. EAST BUFFER WITH BERM 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 8 of 16 PLAN & DESIGN RIGHT-OF-WAY BUFFER (15-FOOT BUFFER: FUTURE PINE ST. EXTENSION) The PUD shall incorporate a right-of-way buffer along New Lane, (the future extension of Pine Street) along the south side of the development. A fifteen (15) foot wide landscape buffer shall be located on the southern boundary of the project which shall incorporate shade, flowering and palm trees and hedges. Street trees shall be provided along the south side of the newly extended right-of-way to create a balanced appearance along the entire length of the newly created right-of-way. SECTION A -A COMPATIBILITY BUFFER (10-FOOT BUFFER) The PUD shall incorporate 10-foot-wide compatibility buffers that shall incorporate shade, and palm trees as well as hedge material where the adjacent properties are compatible in their land use/zoning/existing use(s). PUD ARCHITECTURE ARCHITECTURAL GUIDELINES The PUD has been designed so these buildings comply with the approved category of modern/contemporary design as outlined in 4.9.4. of the Business Center Design Plan. The facades are comprised of geometric shapes forming asymmetrical volumes. PRINICPAL BUILDINGS — INDUSTRIAL FACADE The building design complies with the 4.7.3 industrial fapade standards as follows: General Buildings to be designed in a Modern/Contemporary architectural style. - This consists of a style featuring basic geometrical forms that create large volumes and long lines. - The buildings may be symmetrical or asymmetrical. 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 9 of 16 PLAN & DESIGN - The building entrance should have a distinguishing element. - Sparse to no use of ornate decorative elements. - Large glass elements should be incorporated into the design. - Primary building materials should be glass, concrete and metal. With allowed accents of wood and brick. Building facades may incorporate awnings and projected decorative metal accents. No exposed unfinished concrete block or sheet metal shall be permitted on the building exterior or screen walls. Buildings shall be colored to the following requirements: - The field color is Sherwin Williams SW2427—Alpine White. - With the required accent colors incorporated: o Sherwin Williams SW6356 —Copper Mountain. o Sherwin Williams SW7045 — Intellectual Gray. o Sherwin Williams SW7047 — Porpoise. Prefinished metal items (gutters, downspouts, louvers, overhead doors, etc.) to be white. Transparency Buildings shall have at least 25% glass along the primary fagade from ground to 10 feet in height. With 15% glass along the secondary fagades. PRINICPAL BUILDINGS— ENHANCED BUILDING ENTRY All buildings with frontage to any public roads have their primary entrances oriented to the road as specified in design section 4.4.10. Awnings have been incorporated at each building entrance in compliance of Business Center Plan Section 4.7.3. The building entrances are distinguishable from the principal facade by way of integrating metal structural elements and large glass sections. PRINCIPAL BUILDINGS — CONSISTENT ARCHITECTURAL VERNACULAR All buildings within the Planned Industrial Development shall adhere to the same architectural vernacular and style elements outlines in this section of the design guidelines for clear and concise consistency throughout the entire PUD. PRINCIPAL BUILDINGS — SCALE AND MASSING The development transect has been organized to establish no building size greater than 50,000 square feet located within 300 feet of Ocoee Apopka Road. Building lengths within this transect shall not exceed 420 feet. Where more than one building is constructed along the Ocoee Apopka Road frontage, enhanced 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 10 of 16 PLAN & DESIGN pedestrian accessways and landscaped breaks (a minimum of 30 feet in width) shall be created to further reduce the scale of the adjacent buildings, (see Appendix A - Transect Exhibit). ACCESSORY STRUCTURES — SECONDARY BLDGS./DUMPSTERS/SCREEN WALLS The development does not incorporate any secondary buildings, however, such accessory structures as dumpster enclosures and buffer/screen walls shall be treated consistent with the principal buildings, (see SITE SPECIFIC DEVELOPMENT REQUIREMENTS section above), as specified in Section 4.7.3 of the Business Center Design Plan. PUD SIGNAGE Signage will be an important element to the successful design and operation of this planned development. The PUD shall incorporate a combination of wall -mounted and ground mounted (monument signs / way - finding signage / traffic control) signage to ensure convenient, safe and efficient access to all areas of the complex can be achieved. The master sign program shall ensure that signs convey to the public, vendors and service personnel how best to navigate access to any specific use or building within the development, (See Appendix D — Master Sign Exhibit). WALL SIGNAGE Development identification signage will be located only on buildings facing public rights -of -ways. Tenant signage will be located above public entrances to lease spaces and shall be consist in maximum sign face area and placement on the applicable fagade(s), (See Appendix D - Master Sign Exhibit). PUD MONUMENT SIGNAGE The PUD shall locate monument signs along significant project frontages and/or intersections adjacent to the development. Monument signage will be limited to identifying the development (Progress Commerce Park) and addresses. Monument signage shall be designed to be consistent with the architectural vernacular of the industrial park buildings, (See Appendix D — Master Sign Exhibit). WAY -FINDING SIGNAGE The PUD shall incorporate wayfinding signage at project entrances to effectively and safely guide the public to the specific destinations) within the development. Wayfinding signage will provide specific building identification verbiage along with directional arrows and shall be decorative in nature to be consistent with the architectural vernacular of the industrial park, (See Appendix D — Master Sign Exhibit). BUSINESS CENTER IDENTIFICATION/ENTRANCE SIGNAGE The PUD shall provide an "entrance" monument sign at the northeast corner of the development to identify the northern boundary of the 427 Business Center Overlay area. The location, design and scale of the sign will be coordinated with Staff at the City of Ocoee, (See Appendix D — Master Sign Exhibit). 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 11 of 16 PLAN & DESIGN PUD LIGHTING ENHANCED STREET LIGHTING (OCOEE-APOPKA RD.) The PUD shall incorporate a combination of County approved street lighting and pedestrian scale sidewalk/pathway lighting along Ocoee Apopka Road for the purpose of providing an enhanced visual aesthetic along the frontage of the 427 Business Park overlay and the development. PARKING LOT LIGHTING 823 N. Olive - West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 12 of 16 !PLAN & DESIGN APPENDIX A —TRANSECT EXHIBIT COMMERCE 429 PUD Transect Exhibit % DEVELOPMENT LIMITATION TRANSECT .............. i ... i ■ ■i NATURAL BUFFER TRANSECT r ■ ■ i i i i i i■ LANDSCAPE BUFFER TRANSECT BUILDING AREA/SITE PROGRAM RESTRICTION (100' TO OCOEE-APOPKA RD.) 30,000 SF MAX. E==BUILDING AREA/SITE PROGRAM RESTRICTION (350' TO OCOEE-APOPKA RD.) 55,000 SF MAX. Iir a•x I� QUILDONG 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 13 Of 16 PLAN & DESIGN APPENDIX B—VEHICU LAR CIRCULATION EXHIBIT I 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 14 of 16 PLAN & DESIGN APPENDIX C— PEDESTRIAN CIRCULATION EXHIBIT COMMERCE 429 PUD Pedestrian Circulation System Exhibit (Paths/Sidewalks) 12' MULTIPURPOSE PATH (PUBLIC) PUBLIC SIDEWALK(S) 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 15 of 16 PLAN & DESIGN APPENDIX D — MASTER SIGN EXHIBIT COMMERCE 429 Master Sign Exhibit 427 BUSINESS PARK MONUMENT SIGN PUD DEVELOPMENT MONUMENT SIGN WAYFINDING SIGNAGE BUIDING TENANT SIGNAGE w .Jo it �, ! b N i �o BWIDING 823 N. Olive • West Palm Beach, FL 33401 • Ph 561.797.4217 • www.iplananddesign.com Page 16 of 16 ORDINANCE NO.2021- (Annexation for Commerce 429 PUD) TAX PARCEL ID: 07-22-28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024, and 07- 22-28-0000-00-066 CASE NO. AX-01-21-01: COMMERCE 429 PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 39.96 ACRES, LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD, EAST OF SR 429 AND APPROXIMATELY 2,900 FEET SOUTH OF FULLERS CROSS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately +/- 39.96 acres of property, as more particularly described in Exhibit "A" attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9€ of Article V of Chapter 180 of the Land Development Code of the City of Ocoee (the "Code"); and WHEREAS, on July 13, 2021, the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby fmds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, and the Ocoee City Code. Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. PASSED AND ADOPTED this ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF .2021 SHUFFIELD, LOWMAN & WILSON, P.A. 52 City Attorney day of 52021. FEW _':1 L71 CITY OF OCOEE, FLORIDA Rusty Johnson, Mayor ADVERTISED READ FIRST TIME 12021 READ SECOND TIME AND ADOPTED , 2021, UNDER AGENDA ITEM NO. EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: ALSO: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN ,SOUTH 88 DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) 31.00 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 00 SECONDS WEST 336A2 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE NORTH 88 DEGREES 03 MINUTES 00 SECONDS EAST 40.00 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE SOUTH 1 DEGREE 18 MINUTES 40 SECONDS WEST 336. 93 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4), LESS THE WEST 2 ACRES THEREOF, SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. SUBJECT TO RIGHT OF WAY FOR OCOEE-APOPKA ROAD (AKA STATE ROAD NO. 437) ALONG THE EAST SIDE OF THE PROPERTY. PARCEL B: A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL -RECORDS BOOK 5140, PAGE 1053, AND THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING AND BEING IN THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID POINT BEING A 6 INCH BY 6 INCH CONCRETE MONUMENT; THENCE SOUTH 00 DEGREES 18 MINUTES 20 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7 FOR 1321.69 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG THE NORTH LINE FOR 624. 53 FEET TO THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY, STATE ROAD NO. 429, ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY PROJECT NO. 75320-6460-602/603 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 10.00 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF- WAY LINE FOR 520.02 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 290.85 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 1273.05 FEET TO THE EASTERLY LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1052; THENCE SOUTH 19 DEGREES 52 MINUTES 25 SECONDS EAST ALONG SAID EASTERLY LINE FOR 21.38 FEET; THENCE SOUTH 42 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY LINE FOR 135.00 FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 50 SECONDS EAST ALONG SAID EASTERLY LINE FOR 203.00 FEET; THENCE SOUTH 12 DEGREES 16 MINUTES 38 SECONDS EAST ALONG SAID EASTERLY LINE FOR 172.00 FEET; THENCE SOUTH 16 DEGREES 26 MINUTES 18 SECONDS WEST ALONG SAID EASTERLY LINE FOR 137. 99 FEET; THENCE SOUTH 06 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID EASTERLY LINE FOR 220.00 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID EASTERLY LINE FOR 395.00 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 08 SECONDS EAST ALONG SAID EASTERLY LINE FOR 43.00 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EASTERLY LINE, ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7, FOR 610.07 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE FOR 626.00 FEET TO THE EAST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE FOR 328.65 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505 FOR 34.27 FEET TO THE AFORESAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 328.32 FEET TO THE POINT OF BEGINNING. PARCEL C: THE WEST 2 ACRES OF THE SOUTH Y2 OF THE SOUTHWEST Y4 OF THE NORTHEAST % OF THE SOUTHWEST % OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET THEREOF, ORANGE COUNTY, FLORIDA. AND THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET OF THE WEST 2 ACRES OF THE SOUTH Y2 OF THE SOUTHWEST % OF THE NORTHEAST Y4 OF THE SOUTHWEST % OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCELS CONTAIN A TOTAL OF 39.965 ACRES, MORE OR LESS. Exhibit `B" ORDINANCE NO.2021- (Small-Scale CPA — Commerce 429 PUD) TAX PARCEL ID: 07-22-28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024, and 07-22-28-0000-00-066 CASE NO. CPA-2021-001: COMMERCE 429 PUD SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE COMPREHENSIVE PLAN AS ADOPTED IN 1991, AS AMENDED, TO CHANGE THE ADOPTED FUTURE LAND USE MAP DESIGNATION FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 39.96 ACRES LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD, EAST OF SR 429 AND 2,900 FEET SOUTH OF FULLERS CROSS ROAD FROM LOW DENSITY RESIDENTIAL (LDR) TO LIGHT INDUSTRIAL (LI); AUTHORIZING THE REVISION OF THE CITY COMPREHENSIVE PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the "Ocoee City Commission") has adopted the City's Comprehensive Plan (the "Ocoee Comprehensive Plan") by Ordinance No. 91-28 on September 18, 1991 pursuant to Chapter 163, Part II, Florida Statutes, the Growth Policy Act (the "Act"); and WHEREAS, Chapter 163, Part II, Florida Statutes, sets forth procedures and requirements for a local government to adopt a comprehensive plan and amendments thereto; and WHEREAS, the owner (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, assigned tax parcel identification number 31-22-28- 0000-00-005, more particularly described in Exhibit "A" and depicted in Exhibit "B", has submitted an application to the Ocoee City Commission to amend the Comprehensive Plan Future Land Use designation (the "Comprehensive Plan Amendment") of said real property from Low Density Residential to Light Industrial; and WHEREAS, pursuant to Section 5-9(C) of Article V of the Land Development Code of the City of Ocoee, Florida, the Development Services Director has reviewed said Comprehensive Plan Amendment application and determined that said Comprehensive Plan Amendment is consistent with the Ocoee Comprehensive Plan, as amended from time to time; and WHEREAS, pursuant to Section 163.3174(4)(a), Florida Statutes, the City's Local Planning Agency (LPA) conducted a publicly noticed and advertised public hearing on Tuesday, July 13, 2021, to consider and make recommendation of said proposed Comprehensive Plan Amendment; and WHEREAS, pursuant to Section 163.3184(11), Florida Statutes, on Tuesday, November 2, 2021, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Comprehensive Plan Amendment and determined, after consideration of public comments, that the proposed Comprehensive Plan Amendment is consistent with the Ocoee Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 3. COMPREHENSIVE PLAN AMENDMENT. The Future Land Use Map within the Future Land Use Element of the Ocoee Comprehensive Plan is hereby amended to change the future land use designation of the Subject Property, as particularly described in Exhibit "A" and depicted in Exhibit `B", from Low Density Residential (LDR) to Light Industrial (LI). SECTION 4. COMPREHENSIVE PLAN. The City Clerk is hereby authorized and directed to. revise the adopted Future Land Use Map of the City of Ocoee in order to incorporate the Comprehensive Plan Amendment enacted by this Ordinance. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after adoption, unless challenged prior to that date pursuant to Section 163.3187(5), Florida Statutes. PASSED AND ADOPTED this day of , 2021. Space intentionally left blank ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED , 2021 READ FIRST TIME , 2021. READ SECOND TIME AND ADOPTED , 2021. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of )2021. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: ALSO: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 88 DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) 31.00 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 00 SECONDS WEST 336.42 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER (114) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE NORTH 88 DEGREES 03 MINUTES 00 SECONDS.EAST 40.00 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE SOUTH 1 DEGREE 18 MINUTES 40 SECONDS WEST 336.93 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4), LESS THE WEST 2 ACRES THEREOF, SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. SUBJECT TO RIGHT OF WAY FOR OCOEE-APOPKA ROAD (AKA STATE ROAD NO.437) ALONG THE EAST SIDE OF THE PROPERTY. 'L'Zy210: A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1053, AND THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING AND BEING IN THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID POINT BEING A 6 INCH BY 6 INCH CONCRETE MONUMENT; THENCE SOUTH 00 DEGREES 18 MINUTES 20 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7 FOR 1321.69 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG THE NORTH LINE FOR 624. 53 FEET TO THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY, STATE ROAD NO. 429, ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY PROJECT NO. 75320-6460-602/603 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 10.00 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 520.02 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 290.85 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 1273.05 FEET TO THE EASTERLY LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1052; THENCE SOUTH 19 DEGREES 52 MINUTES 25 SECONDS EAST ALONG SAID EASTERLY LINE FOR 21.38 FEET; THENCE SOUTH 42 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY LINE FOR 135.00 FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 50 SECONDS EAST ALONG SAID EASTERLY LINE FOR 203.00 FEET; THENCE SOUTH 12 DEGREES 16 MINUTES 38 SECONDS EAST ALONG SAID EASTERLY LINE FOR 172.00 FEET; THENCE SOUTH 16 DEGREES 26 MINUTES 18 SECONDS WEST ALONG SAID EASTERLY LINE FOR 137. 99 FEET; THENCE SOUTH 06 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID EASTERLY LINE FOR 220.00 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID EASTERLY LINE FOR 395.00 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 08 SECONDS EAST ALONG SAID EASTERLY LINE FOR 43.00 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EASTERLY LINE, ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7, FOR 610.07 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE FOR 626.00 FEET TO THE EAST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE FOR 328.65 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505 FOR 34.27 FEET TO THE AFORESAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 328.32 FEET TO THE POINT OF BEGINNING. PARCEL C: THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET THEREOF, ORANGE COUNTY, FLORIDA. _►m THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET OF THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCELS CONTAIN A TOTAL OF 39.965 ACRES, MORE OR LESS. Exhibit " B" ORDINANCE NO.2021- (Rezoning for Commerce 429 PUD) TAX PARCEL ID: 07-22-28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024, and 07-22-28-0000-00-066 CASE NO. RZ-21-02-01: COMMERCE 429 PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 TO OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 39.96 ACRES LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD, EAST OF SR 429 AND 2,900 FEET SOUTH OF FULLERS CROSS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner (the "Applicant") 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 (the "Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately +/- 39.96 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from "Orange County" A-1 to "City of Ocoee" PUD; and WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant 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, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on July 13, 2021, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on December 7, 2021, the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately 20 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County (A-1) to Ocoee PUD, "Planned Unit Development". A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. LAND USE PLAN. The following Land Use Plan for the Property described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon: That certain PUD Land Use Plan/Preliminary Subdivision Plan for Commerce 429 PUD, project no. RZ-21-02-01: and stamped as received by the City of Ocoee on November 30, 2021, 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. The above -described Land Use Plan is attached hereto as Exhibit "C" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent 'with the Comprehensive Plan. SECTION 5. 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 Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute -2- 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. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. - EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of , 2021. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2021. SHUFFIELD LOWMAN & WILSON, P.A. By: City Attorney ADVERTISED 52021 READ FIRST TRVIE , 2021. READ SECOND TIME AND ADOPTED , 2021. UNDER AGENDA ITEM NO. -3- EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: THE SOUTHEAST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA: ALSO: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, RUN SOUTH 88 DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER .(1/4) 31.00 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 00 SECONDS WEST 336.42 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE NORTH 88 DEGREES 03 MINUTES 00 SECONDS EAST 40.00 FEET TO THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4); THENCE SOUTH 1 DEGREE 18 MINUTES 40 SECONDS WEST 336. 93 FEET TO THE POINT OF BEGINNING, ORANGE COUNTY, FLORIDA; TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHEAST QUARTER (114) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) AND THE SOUTH HALF (1/2) OF THE SOUTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; AND THE SOUTH QUARTER (1/4) OF THE WEST HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4), LESS THE WEST 2 ACRES THEREOF, SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; ALSO TOGETHER WITH: THE NORTH HALF (1/2) OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. SUBJECT TO RIGHT OF WAY FOR OCOEE-APOPKA ROAD, (AKA STATE ROAD NO. 437) ALONG THE EAST SIDE OF THE PROPERTY. PARCEL B: A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1053, AND THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, LYING AND BEING IN THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: me COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (1/4) OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, SAID POINT BEING A 6 INCH BY 6 INCH CONCRETE MONUMENT; THENCE SOUTH 00 DEGREES 18 MINUTES 20 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7 FOR 1321.69 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG THE NORTH LINE FOR 624.53 FEET TO THE EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY, STATE ROAD NO. 429, ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY PROJECT NO. 75320-6460-602/603 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87 DEGREES 51 MINUTES 01 SECOND EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 10.00 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF- WAY LINE FOR 520.02 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 02 SECONDS EAST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 290.85 FEET; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 1273.05 FEET TO THE EASTERLY LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1052; THENCE SOUTH 19 DEGREES 52 MINUTES 25 SECONDS EAST ALONG SAID EASTERLY LINE FOR 21.38 FEET; THENCE SOUTH 42 DEGREES 23 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY LINE FOR 135.00 FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 50 SECONDS EAST ALONG SAID EASTERLY LINE FOR 203.00 FEET; THENCE SOUTH 12 DEGREES 16 MINUTES 38 SECONDS EAST ALONG SAID EASTERLY LINE FOR 172.00 FEET; THENCE SOUTH 16 DEGREES 26 MINUTES 18 SECONDS WEST ALONG SAID EASTERLY LINE FOR 137. 99 FEET; THENCE SOUTH 06 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID EASTERLY LINE FOR 220.00 FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 22 SECONDS EAST ALONG SAID EASTERLY LINE FOR 395.00 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 08 SECONDS EAST ALONG SAID EASTERLY LINE FOR 43.00 FEET; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EASTERLY LINE, ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7, FOR 610.07 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SAID SECTION 7; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE FOR 626.00 FEET TO THE EAST LINE OF THE AFORESAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505; THENCE SOUTH 00 DEGREES 23 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE FOR 328.65 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 01 SECOND WEST ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5140, PAGE 1505 FOR 34.27 FEET TO THE AFORESAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE WESTERN BELTWAY; THENCE NORTH 01 DEGREE 43 MINUTES 28 SECONDS WEST ALONG SAID EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 328.32 FEET TO THE POINT OF BEGINNING. PARCEL C: THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, LESS THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET THEREOF, ORANGE COUNTY, FLORIDA. /_1►1w THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 100 FEET OF THE WEST 2 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA. THE ABOVE DESCRIBED PARCELS CONTAIN A TOTAL OF 39.965 ACRES, MORE OR LESS. -5- EXHIBIT "B" IN Exhibit "C" Land Use Plan LEGAL DESCRIPTION: rtn (�i/xl ar nk vmmuz, wu,a 0/°, nv o xa na x a+xm V/O uu awn V/0 6 ulna r, ,om.am xx 1amA naxu -T.T.r, m.Y¢ sawn. (VO W nI[ xa,mveu dantP IV.1 wrnA a' oi�p40 nme,w Irn0/.�I Vaaalim,>�mn�xx 1,aun� � Ir/ 0/0 V rq xam,ta, w,nttn O/,1 O m[ 1 rc �[ saumesr aurtnol/rak cexw nam ern[ ¢ ('/.) a ,arts w unw Ixva/�rzs o�i[wxavi ast�,nw f'plr� [�"'savv�sic'su,�mr Owµunk w"�u+n. m w:L, t�n�a ew Imo s9aPxx `� Umnw :."an n �"Al lnn, r4 ma me`xa,�R:er aa.lw 0i0 a >M nays.,f aawl,an'm"IAivO wm ra ,P„x xNr ant P nrt ,wm[Ae, a,xArtn o/o o ne namin w.Aa, ) m [� vuTA`iw[`�n Prt /�^x? Lrss m[ rsr x .aaa mwm[. s,rnw ,. mwmxv n iw,N wrtl/D � na samvn wwlW lun v ra nam[.n awn,eA O/O aF na m wr raL aaa[-..awA mwxt+w> Art w+° «�o xa<.v [.s smx ar IaaO/U rc urns a, senor n scua swm ,R w nL: mrm�t t/v u ,I¢ xalxcu„/[ v oa swmvnr antQE a wA n , tea. alnuI=rtenu� s9 m[ sa,m ,a I¢! a n[ xam Is0 r[W na nwL2 o[somm vnn¢u owru+ n,°ru a ssfn ,aCA uaa a Nss SUR SURVEY OESGNAnONS SOIL TYPE CONSTITUENTS IS-FELOA FINE SAND D-2r ROPES FINE SAND 20-0dN0NALEE FINE SAND NNE SAND N 67.50.56 4x-SNYRNA, WET, FINE SAND 0-2% SLOPES FINE SAND G-TAVARES FINE SAND, C-S. —ES E SAND 51-1YA0ASS. FWE SANG, 3- ROPES ME SM0 �v 54-ZOIFO FlNE S.C. 0-25 SLOPES FINE SAND 54 SOIL 114E DESCNATOH ON PLAN ---------- SOIL TYPE DRMEATION ON PLAN wrarr I = .I 4eD� �I MATCHLINE A Nil (THIS SHEET) ? I MATCHLINE A (THIS SHEET) o SMILEY & ASSOCIATES, ND. n �519'S2'31'E LDEinirvYAND USE IN 21.39' 10 - RESIDENTIAL 1 \�542'23'18'E I-W 420-UPLN FOREST 13s.a0' maa, n Nnnumw iotixp p a -ma 20 - UPLAND HANDWDOD HAF 510 - DrtcN 630 - YIL'RANO FORESTED M1kF0 I LAND USE DESIGNATION ON PLAN VEO LAND USE DELINEATION ON PLAN fS05'll'p6•E 203.00 ia12'I6'44-E o-s,9 I I• S1G26'12'W NI � 137.99' . I nl y_ 5DB'41'47'E 7 I 01 io.»< 41 aNne I Iizz � i.e� O I al = ` xi% S4017.28'E I ' 395.00, TI M I I �r I o of g I \` I N00'23'40'E 46 ^1.38' N 87�23�34' I zx. 293�35' e I� r 552'43'ta E,. -'\ LlivailN OWNER/DEVELOPER ENGINEER PROGRESS COMMERCE PARK, LLC 22S7 MSTA PAR-Y. SIE 15 SNIIEY k ASSCIATM INC. 1928 COMMERCE LANE, SIP1E 2 .ST PALM BEAN, R SJall S61-ale-a30D -'ER, FL SMS6 901-)47-WJS SCMPEN1ERWdCCMNEYPPOPEfttt.Nld IASAILETCSMIILY-ASSOOAlES.CON PLANNER SURVEYOR �AN & DE-, MC B23 N. OUVE AVE &SMAN SURVEYING k LIAPPING MON 0 BISMAN, PSM WEST PALM BEACH. FL 3Ja01 561->9>-a21> 13610 CPANVRLE AVE CIEPNONT, R 34)11 BWAN4RPLANMOOESICN.COM 407-905-T- MONtaLSNNANSURVEYINC.CWd ARCHITECT Ca APCIirtECTURE oJ w. CENTRAL ._ RLAN0.. FL 32.1 OI CSIRANAHANC CCaMCHIIECTUPF.COM PARKING DETAIL N.T.S. I I ��i Illbj I I � 1p6`'" W xx-o-raow- wr 1 I I I ��I m-x izae-�wro�`Waav I>-ni�CewaFw-aa - io,xc n-1°�0-` I'"^� I I WL�• ao- I__ DEMASTUS LN ygyg o cDO Ei C, if N n e - = I, • ofn ZLo Z N p sw xvre DO N p z n '• o L,. ;om� tiI to m i. • .Ixia N 0 -NEW - LANE _ - _ - � N 8)'SD'S3' I W 992.27' COMMERCE 429 FOR PROGRESS COMMERCE PARK, LLC OCOEE, FLORIDA MATCHLINE B (THIS SHEET) FLOOD PLAIN APTs OF SITE N1THw -A FLOOD ZONE A/E FENA PMM 12095COZIOF ZONES DEPICTED ON SURVEY NOTE: SEE `72 FOR ADDInONAL DETAILS AND INFORMATION F€- i KII SCALE: 20 50 10J 2q0..^--ate 300 _ � tee LOCATION MAP S7, T22 S. R28 E SITE DATA: mr nand Warta mW Wz Pww) I I 'lixml`rse mv, °�4�xa � � a�aa µa wlw./rA I I mrmAtt.)za.xn xaaoa��.n[om°�[xi mu°3r `e�°v.s�sn lux .a[artnlaM®anWuru+r I I A.aas[ uxz Iron aaas>Nu (anxA.,nOwu) 11 I I oo ice. v ia� II Z. 0i,n"aW so v)oo.a roru All Lr I aaW m a nw MATCHLINE B „�aggTA;a,�i gloms*W na 0 1.11 aw Aw (THIS SHEET) =00'19'4a• I I nwna[P xw ®AL[, R-20672.80' I Y.wc�vOLox Lm156.24' I r Ull wro I I[ .[ 9noaa�c nPs I I I I �a lm[,.AW taNA,m,) I I I I ; Itut I � unar[ rtuxs ta>u Asm,c[ Our rtan . lu,r w I III MASTER SITE PLAN PRELIMINARY 1711011 S111313T I OF 2 JOB 0 20-007 COPY OF ADVERTISEMENT Date Published and Media Name 4B The West Orange Times Thursday, Noy6mber 25; 2021 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING COMMERCE 429 FKA BELTWAY 429 FKA PROGRESS COMMERCE PARR ANNEXATION CASE NUMBER AX-01-21-01 NOTICE IS HEREBY GIVEN, pursuant to Article I, Section 1-10, Article IV; Sec- tion 4-3.A.(3)(b), Section 4-5, and Article V, Section 5-9, ofthe City of Ocoee Land Development Code, that on TUESDAY, DECEMBER % 2021, AT 6:15 P:M: or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive, Ocoee, Florida, to consider the Annexation for Commerce 429 FKA•Beltway 429 FKA Progress Commerce Park. The property consists of four (4) parcels (07-22- 28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024, and 07-22- 28-0000-00-066) located on the east side of State Road 429, west side of Ocoee Apopka Road, and approximately 2,900 feet south of Fullers Cross Road. The sub- ject properties combined are approximately 39.96 acres. The applicant proposes up to 482,940 st of light industrial/Warehouse use located within 8 (eight) buildings. If the applicant's request is approved, the annexation would incorporate the property into the City of Ocoee, amend the Comprehensive Plan's Future1and Use Map and the Joint Planning Area Land Use Map from "Low -Density Residential'to "Light Industrial" and establish a zoning classification of PUD "Planned Unit De- velopment". AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE; FLORI- DA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 39.96 ACRES, LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD, EAST OF SR 429 AND APPROXIMATELY 2,900 FEET SOUTH OF FULLERS CROSS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEX- ATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT, PROVIDING FOR AND AUTHORIZING THE UP- DATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILTTY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 am. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commis- sion may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continu- ation of these or continued public hearings shall be announced during the hearing, and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or'an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. November 25; December 2, 2021 21-0449OW COPY OF ADVERTISEMENT Date Published and Media Flame The West Orange Times Thursday November 25, 2021 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER THE COMMERCE 429 FKA BELTWAY 429 FKA PROGRESS COMMERCE PARK SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL (LDR) TO LIGHT INDUSTRIAL (LI) CASE NUMBER: CPA-2021-002 NOTICE IS HEREBY GIVEN, pursuant to Article 1, Sections 1-8,1-9,1-10 and Arti- cle V, section 5-9, of the City of Ocoee Land Development Code that on TUESDAY, DECEMBER 7, 2021, AT 6:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commis- sion Chambers located at 150 North Lakeshore Drive, Ocoee, Florida, to consider the Small Scale Comprehensive Plan Amendment for Commerce 429 fka Beltway 429 Ika Progress Commerce Park The property consists of four (4) parcels (07-22- 28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024,-and 07-22- 28-Op00-00-066) located on the east side of State Road 429, west side of Ocoee Apopka Road, and approximately 2,900 feet south of Fullers Cross Road. The sub- ject properties combined are approximately 39.96 acres. The applicant proposes up to 482,940 s.£ of light industrW[Warehouse use located within 8 (eight) buildings. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE COMPREHENSIVE PLANAS ADOPTED IN 1991, AS AMEND- ED, TO CHANGE THE ADOPTED FUTURE LAND USE MAP DESIGNATION FOR CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 39.96 ACRES LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD, EAST OF SR 429 AND 2,900 FEET SOUTH OF FULLERS CROSS ROAD FROM LOW DENSITY RESIDENTIAL (LDR) TO LIGHT INDUSTRIAL (LI); AUTHORIZ- ING THE REVISION OF THE CITY COMPREHENSIVE PLAN; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVID- ING FOR AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file, including a.complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8;00 am. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commis- sion may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continu- ation of these or continued public hearings shall be announced during the bearing. and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record ofthe proceedings and for this purpose may need to ensure that a ver- batim'record of the proceedings is made which includes the testimony and evidence . upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. Melanie Sibbitt, City Clerk November 25, 2021 21-04492W COPS' OF ADVERTISEMENT Date Published and Media Dame The West Orange Times Thursda November 25, 2021 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING COD MSRCE 429 FKA BELTWAY 429 IRA PROGRESS COMMERCE PARK REZONINGTOPUD CASE NUMBER RZ-21-02-01 NOTICE IS HEREBY GIVEN, pursuant to Article I, Subsections 1-10(A)(1), and Article V, Section 5-9, of the City of Ocoee Land Development Code, that on TUES- DAY, DECEMBER 7, 2021, AT 6115 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive, Ocoee, Florida, to consider the Rezoning to PUD for Commerce 429 fka beltway 429 fka Progress Commerce Park. The property consists offour (4) parcels (07-22-28-0000-00-026, 07-22-28-0000- 00-096, 07-22-28-0000-00-024, and 07 22-28-0000-00-066) located on the east side of State Road 429, west side of Ocoee Apopka Road, and approximately 2,900 feet south of Fullers Cross Road. The subject properties combined are approximately 39.96 acres. The applicant proposes up to 482,94Q s.fof light industrial[Warehouse use located within B (eight) buildings. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A 1 TO OCOEE PUD (PLANNED UNIT DEVELOPMENT) ON CERTAIN REAL PROPERTY CON- TAININGAPPROXIMMATELY 39.96 ACRES LOCATED ON THE WEST SIDE OF OCOEEAPOPKA ROAD, EAST OF SR 429 AND 2,900 FEET SOUTH OF FULL ERS CROSS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZ- ING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILIT'Y; PROVID- ING FOR AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 am. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commis- sion may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continu- ation of these or continued.public hearings shall be announced during the hearing, and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. Melanie Sibbitt, City Clerk November 25, 2021 21-04491W COPY OF ADVERTISEMENT Date Published and Media Name 46 The West Orange Times Thursdm& November 25, 2021 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING TO CONSIDER THE COMMERCE 429 FKABELTWAY429 FKAPROGRESS COMMERCE PARK - LARGE SCALE PREIJXNARY SITE PLAN CASE NUMBER: IS-2o21-ool NOTICE IS HEREBY GIVEN, pursuant to Article IV, Section 4-3A.(3)(b), of the City of Ocoee Land Development Code that on TUESDAY, DECEMBER 7, 2021, AT 6:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers located at 150'North Lakeshore Drive, Ocoee, Florida, to consider the Large Scale Preliminary Site Plan for Commerce 429 ika Beltway 429 tka Progress Commerce Park. The property consists of four (4) parcels (07-22-28-0000-00-026, 07-22-28-0000-00- 096, 07-22-28-0000-00-024, and 07-22-28-00o0-00-o66) located on the east side of State Road 429, west side of Ocoee Apopka Road, and approximately 2,900 feet south of Fullers Cross Road. The subject properties combined are approximately 39.96 acres. The applicant proposes up to 482,940 s.f. oflightindustrial/Warehouse use located within 8 (eight) buildings. Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file, including a complete legal descrip- tion by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 am. and 5:00 p.m., Monday through Friday, except legal holidays. The Ocoee City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised ofthe dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing, and no further notices regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the public bear- ings will need a record of the proceedings and, for this purpose, may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. In accordance, with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to par- ticipate in this proceeding should contact the City Clerks. Office 48 hours in advance of the meeting at (407) 905-3105. November 25, 2021 21-04489W COPY OF ADVERTISEMENT Date Published and Media Name i Thursday, December 2,2021 The West Orange Times 7B Advertisement or Article SECOND INSERTION - — CITY OF OCOEE NOTICE OF PUBLIC BEARING COMMERCE 429 FKA BELTWAY 429 FKA PROGRESS COMMERCE PARK ANNEXATION CASE NUMBER AX-0I-21-oI NOTICE IS HEREBY GIVEN,pursuant to Article I,Section 1-10,Article IV,Sec- tion 4-3.A.(3)(b).Section 4-5,and Article V,Section 5-9,of the City of Ocoee Land Development Code,that on TUESDAY,DECEMBER 7,2021,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive, Ocoee,Florida,to consider the Annexation for Commerce 429 FICA Beltway 429 FKA Progress Commerce Park The property consists of four(4)parcels(07-22- 28-0000-00-026, 07-22-28-0000-00-096, 07-22-28-0000-00-024, and 07-22- 28-0000-00-066)located on the east side of State Road 429,west side of Ocoee Apopka Road,and approximately 2,900 feet south of Fullers Cross Road.The sub- ject properties combined are approximately 39.96 acres.The applicant proposes up to 482,940 s.f.of light industrial/Warehouse use located within 8(eight)buildings. If the applicant's request is approved, the annexation would incorporate the property into the City of Ocoee,amend the Comprehensive Plan's Future Land Use Map and the Joint Planning Area Land Use Map from'Low-Density Residential'to 'Light Industrial°and establish a zoning classification of PUD'Planned Unit De- velopment'. AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA;ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORI- DA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 39.96 ACRES,LOCATED ON THE WEST SIDE OF OCOEE APOPKA ROAD,EAST OF SR 429 AND APPROXIMATELY 2,900 FEET SOUTH OF FULLERS CROSS ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;FINDING SAID ANNEX- ATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UP- DATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILTTY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. ram..OKI, �w �. T')'?;i.- , '/iii. _ t:� 7010. ^ � II C, • J IN --=Ali• i`ll IN •, •use , 'fit=°, Interested parties may appear at the public hearing and be heard with respect to the proposed action.The complete case file,including a complete legal description by metes and bounds,may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive,Ocoee,Florida,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City Commis- . sion may continue the public hearing to other dates and times,as it deems necessary. Any interested party shall be advised of the dates,times,and places of any continu- ation of these or continued public hearings shall be announced during the hearing, and no further notices regarding these matters will be published.You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105. November 25;December 2,2021 21-04490W