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HomeMy WebLinkAboutItem #06 Lake Butler Professional Campus . AGENDA ITEM STAFF REPORT Meeting Date: April 1, 2008 Item # b Contact Name: Contact Number: Bobby Howell, MPA ~4 407 -905-3100, Ext. 1044 Reviewed By: Department Director: City Manager: Ll.4- Subject: lake 6utlerProfessional Campus Preliminarj/Final.Subdivision Plan - Preliminary/Final Site Plan Project # LS-2007 -019 Commission District # 3 - Rusty Johnson ISSUE: Should the Honorable Mayor and City Commissioners approve the Preliminary/Final Subdivision Plan _ Preliminary/Final Site Plan for Lake Butler Professional Campus? BACKGROUND SUMMARY: . Lake Butler Professional Campus is approximately 14.11 acres in size and is located at the northeast corner of the intersection of Maguire Road and Tomyn Boulevard. The proposed development is located on Lot 1 of the Villages of Wesmere subdivision, and is the third and final lot proposed for development. The Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan proposes the construction of 7 buildings totaling approximately 165,772 square feet in area. Uses proposed range from retail, restaurant, professional and medical offices. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future land Use Zoning Existing land Use Classification North Road riaht-of-way Road riaht-of-wav Florida Turnpike East Commercial C-3 (General Master stormwater pond for the Commercial) Villaaes of Wesmere South High Density R-3 (Multiple- Villages of Wesmere Townhomes Residential Family Dwelling) West Commercial C-3 (General Vacant Parcel Commercial) DISCUSSION: Lake Butler Professional Campus will be accessed via two access points that consist of a right-in/right-out from Maguire Road, and a full access point along Tomyn Boulevard. The plan details the dedication of 245-feet of right- of-way along Tomyn Boulevard and 192-feet of right-of-way along Maguire Road. The right-of-way dedicated along Tomyn Boulevard will allow for the construction of a right-turn lane leading onto . Maguire Road, while the right-of-way dedicated along Maguire Road will allow for the construction of a right-turn lane leading into the development from points to the south. In addition, the plan proposes extending the existing left-turn lane onto Tomyn Boulevard from Maguire Road by 50-feet to allow for additional stacking room for vehicles accessing the development from points to the north including SR 50 and Old Winter Garden Road. . The subject property is proposed to be divided into two lots; Lot 1 will contain 6 of the 7 proposed buildings, and a majority of the on-site parking and common areas. The uses proposed on Lot 1 will consist of a mix of professional and medical offices. Lot 2 is proposed in the southwest corner of the property and will consist of a mix of retail and restaurant uses. Since the applicant is proposing the divide the property into two lots and dedicate right-of-way, the property will be required to be platted. The developer has proposed a central park in the center of the site that will consist of a seating area around which a variety of trees and associated plant materials will be provided. In addition to the seating area, the developer has proposed a fountain in the center of the park. The fountain will serve as a focal point for drivers and pedestrians entering the development from Maguire Road. Additionally, a boulevard style entrance, which will be lined with a variety of palm trees and associated groundcover and shrubs, will be provided as the main point of access leading into the development from Maguire Road. WAIVER REQUESTS: In order to proceed with review of the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan, the applicant has requested seven waivers from the requirements of the Land Development Code. The City Commission has sole discretion to approve waivers from Code requirements based upon four criteria: 1. If the project is part of an integrated and master planned development; 2. If the project is compatible with surrounding developments; 3. If the project imposes no impacts on City infrastructure greater than that generated by other uses normally permitted in the underlying zoning districts; and lor, 4. If the project provides an offsetting public benefit which is technically sound and measurable. The first waiver that is being requested is to Section 6.14.C (1)(a)(v) of the Land Development Code. This section . of the Land Development Code requires buildings to be setback at least 50-feet from primary roads. The applicant has requested a reduction of this requirement to allow the buildings that have frontage along Tomyn Boulevard to maintain a building setback of 25-feet. The applicant has justified this request by placing the buildings along Tomyn Boulevard parallel to the street in order to buffer the parking and service areas that will be provided on site, and by providing upgraded landscaping standards that are acceptable to the City. The second waiver that is being requested is to Section 6.14.C(1)(a)(v) of the Land Development Code. This section of the Land Development Code requires buildings to be setback at least 75-feet from the Florida Turnpike. The applicant has requested a reduction of this setback to allow a 45-foot building setback for a length of aD-feet along the northeast corner of the subject property. The applicant has justified this request by placing the buildings perpendicular to Maguire Road instead of the Turnpike in order to allow flexibility in providing a future City of Ocoee water main extension, and by providing upgraded landscaping standards that are acceptable to the City. The third waiver that is being requested is to Section 6.14.C(2)(b)(i) of the Land Development Code. This section of the Land Development Code requires a 25-foot wide landscape buffer along primary and secondary roads. The applicant is requesting a waiver to this requirement to allow a reduction of this buffer from 25-feet to 15-feet for approximately 192-feet along the portion of the property that has frontage along Maguire Road. The applicant has justified this request by providing a right turn lane leading into the site which will encroach into a portion of the plantable area of the required landscape buffer, and by providing upgraded landscaping standards that are acceptable to the City. The fourth. waiver that is being requested is to Section 6.14. C(2)(b )(i) of the Land Development Code. This section of the Land Development Code requires a 25-foot wide landscape buffer along primary and secondary roads. The applicant is requesting a reduction of this requirement from 25-feet to 15-feet for approximately 245-feet from the .eastern boundary of the Maguire Road I Tomyn Boulevard intersection southward. The applicant has justified this request by providing a right turn lane on Tomyn Boulevard leading onto Maguire Road that will encroach into a portion of the plantable area of the required landscape buffer. In addition, that applicant has agreed to provide upgraded landscaping standards that are acceptable to the City. 2 . The fifth waiver that is being requested is to Table 5-2 from Article V of the Land Development Code. This section of the Land Development Code requires buildings in the C-3 (General Commercial) zoning district to maintain a rear setback of 20-feet. The applicant is requesting a reduction to this requirement from 20-feet to 5-feet for a length of 460-feet along the eastern property line. The inclusion of a retail/restaurant outparcel on site has required the site designer to relocate two of the proposed office buildings along the eastern portion of the property into an area where they will encroach into the required rear setback. The applicant has justified this request by providing a landscaped area containing 75-percent shrubs and groundcover adjacent to these buildings; upgraded landscaping standards that are acceptable to the City, and the dedication of a City of Ocoee utility easement along the northwestern corner of the property adjacent to the Turnpike. The sixth waiver that is being requested is to Table 5-2 from Article V of the Land Development Code. This section of the Land Development Code allows a maximum impervious surface ratio of 70-percent for all development within the C-3 zoning district. The applicant is requesting to increase the maximum allowable impervious surface area to an 80-percent ratio for the overall site area. The applicant has justified this request by agreeing to be responsible for confirming stormwater management and on-site retention requirements are met. The seventh waiver that is being requested is to Table 5-2 from Article V of the Land Development Code. This section of the Land Development Code allows a maximum impervious surface ratio of 70-percent for all development within the C-3 (General Commercial) zoning district. The applicant is requesting to increase the maximum allowable impervious surface area to an 80-percent ratio for the retail/restaurant parcel. The applicant has justified the request by including a retail/restaurant parcel within the site, and by dedicating right-of-way to allow for the construction of the turn lanes on Maguire Road and Tomyn Boulevard in addition to providing upgraded landscaping standards that are acceptable to the City and the dedication of a City of Ocoee utility easement. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: . The Development Review Committee (DRC) met on February 28, 2008 and reviewed the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan. The applicant was notified of outstanding concerns on the plans from the Planning Division, the Engineering Department, and the Legal Department. A few additional concerns were addressed, and the DRC voted unanimously to recommend approval of the Preliminary/Final Subdivision - Preliminary/Final Site Plan date stamped January 25, 2008, and all seven waiver requests, subject to the satisfaction of the outstanding concerns prior to the plans being presented to the City Commission. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission held a public hearing on March 11, 2008 to consider the Preliminary/Final Subdivision - Preliminary/Final Site Plan and the seven waiver requests. Following the deliberations, the members of the Planning & Zoning Commission voted unanimously to recommend approval of the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan for the Lake Butler Professional Campus, including all seven waiver requests subject to the satisfaction of the outstanding comments from the Planning Department, Engineering Department, and the Legal Department prior to the plans being presented to the City Commission for approval. STAFF RECOMMENDATION: Staff recommends that the Honorable Mayor and City Commissioners approve the Preliminary/Final Subdivision Plan - Preliminary/Final Site Plan for Lake Butler Professional Campus, including all seven waiver requests, and the associated Development Agreement subject to the satisfaction of the outstanding comments from the . Engineering Department, and the Planning Department. .... -' ATTACHMENTS: . Location Map FLU Map Zoning Map Aerial Map Development Agreement Planning Department Comments Engineering Department Comments Final Subdivision/Final Site Plan for Lake Butler Professional Campus, date stamped March 19, 2008 FINANCIAL IMPACT: None. TYPE OF ITEM: (please mark with an YJ X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DeDt Use: _____ Consent Agenda ~ Public Hearing _____ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution .Reviewed by City Attorney Reviewed by Finance Dept. 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I ~.,~. f- f- e f- No i= ~ vVihdertrTlE rJ (bHaie J \ ~ ~ t:-~~ n 1fJ t::: - --:!. -r-- ~- _~ (--\ ~ ~Y ,---rr--(' - -.= -I-- ~ _~ f ~ / I I I\..- -~ -I-- ~ ~~ LLJ ; < ar:IY..: ~ ;::: _ -; -f- T I I"'~ Y n []::fI 1= .. t=-5 Lll\1imdenmene IChas TIlll=St= -mllllll IIrT LAKE PEARL ~ . \\\\\~,-o \~~oa.\ , is' ~ I I IFLIlroM I I \, ffiWmd ~ LAI\E BONNET ,\ I I I \ 0'- II I I I "- ~J ~ - - - 1 . 9 Ocoee Community Development Department 1 inch equals 821.924037 feet 260130 0 260 520 780 Feet .. Printed: March 2008 C Subject Property 1""1""1"" Unincorporated Territory ~ and Other Municipalties _ Low Density Residential _ Medium Density Residential _ High Density Residential _ Professional Offices and Services _ Commercial _ Light Industrial _ Heavy Industrial _ Conservation/Floodplains _ Recreation and Open Space _ Public Facilities/Institutional Lakes and Water Bodies . . Lake Butler Professional Campus Surrounding Future Land Use Map 1-- e 9 Ocoee Community Development Department 1 inch equals 821.924037 feet 280140 0 280 560 840 Feet .. Printed: March 2008 C Subject Property I!:LI:'I'J Unincorporated Territory ~ and Other Municipalties Zoning Classification: General Agricultural (A-1) _ Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) t:::: Single-Family Dwelling (R-1A) _ Single-Family Dwelling (R-1) _ One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) _ 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) m Low Density (PUD) 111 Medium Density (PUD) 1M High Density (PUD) _ Public Use (PUD) / // Unclassified Lakes and Water Bodies e . Lake Butler Professional Campus Surrounding Zoning Map . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 656-2322 For Recording Purposes Only DEVELOPMENT AGREEMENT (Lake Butler Professional Campus) THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the _ day of , 2008 by and between LAKE BUTLER PROFESSIONAL CENTER, LLC., a Florida limited liability company whose mailing address is 17160 Royal Palm Parkway, Suite 2, Weston, Florida 33326 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City"). W!TNE~~ETH: WHEREAS, the Owner owns fee simple title to certain lands located in Orange County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the Owner has applied to the City for approval of (I) a Preliminary/Final Subdivision Plan for the Property, and (2) a Preliminary/Final Site Plan for the Property (collectively, the "Preliminary/Final Plan Applications"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the proposed Preliminary/Final Subdivision Plan and the PreliminarylFinal Site Plan for the ORLA_917098.2 -1- FOLEY & LARDNER LLP DRAFT March 24, 2008 Property and has recommended that the Ocoee City Commission approve such plans subject to additional conditions, if any, recommended by the Planning and Zoning Commission; and . WHEREAS, pursuant to the application of the Owner, at its meeting held on , 2008, the Ocoee City Commission approved, subject to the execution of this Agreement, the Preliminary/Final Subdivision Plan for Lake Butler Professional Campus and the Preliminary/Final Site Plan for Lake Butler Professional Campus, as prepared by Miller Legg and being dated stamped as received by the City on with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting (collectively, the "Final Plans"); 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 the development of the Property in accordance with the Final Plan; and WHEREAS, the Owner and the City desire to execute this Agreement in order to evidence their mutual agreement as to certain matters related to the development of the Property and as a condition to the approval by the City of the Final Plans. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: . Section 1. Recitals~ Definitions. The above recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined or described on the Final Plans, unless otherwise indicated. Section 2. 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 will all applicable procedures and standards related to the development of the Property. Section 3. Convevance of Ri2ht-of-Wav. (A) Within ninety (90) days following receipt of written notice from the City requesting the same, but in no event later than the time of platting of all or a portion of the Property, the Owner shall dedicate and convey to the City the land generally depicted on Exhibit "B" (hereinafter collectively referred to as the "Right-of- Way Land"). Within sixty (60) days of receipt of a written request from the City, the Owner will, at the Owner's expense, prepare and provide the City with a metes and bounds legal description and sketch of description of the Right-of-Way Land; provided, however, that if the Right-of-Way Land is not conveyed to the City prior to platting of the Property, then the Right-of-Way Land will be platted as a separate tract(s) and will be conveyed by reference to the recorded plat. The aforesaid legal description and sketch shall be certified to the City and shall be subject to the review and approval of the . ORLA_917098.2 -2- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 City. Prior to the conveyance of the Right-of-Way Land to the City, the Owner shall be solely responsible for the Right-of-Way Land, including but not limited to the maintenance thereof and the payment of all applicable taxes. (B) The Right-of-Way Land shall be dedicated and conveyed by the Owner to the City by warranty deed, free and clear of all liens and encumbrances except for those matters acceptable to the City. The City acknowledges that the matters set forth in Exhibit "G", attached hereto and by this reference made a part hereof, are acceptable to the City. The Owner shall, contemporaneously with the dedication and conveyance of the Right-of-Way Land to the City, provide to the City a current attorney's opinion of title or a current title commitment, at Owner's discretion, to be followed by a policy of title insurance (not to exceed $10,000 in coverage) evidencing that fee simple title to the Right-of-Way Land is free and clear of all liens and encumbrances except for those matters acceptable to the City. The costs and expenses related to the conveyance and dedication of the Right-of-Way Land, including the cost of title work, shall be borne solely by the Owner. Real property taxes on the Right-of-Way Land shall be prorated as of the day before the City's acceptance of the dedication and conveyance of the same, and the prorated amount of such real property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the Owner shall be responsible for the real property taxes for the entire year. (C) Within ninety (90) days following receipt of written notice from the City requesting same, but in no event later than the time of platting of all or a portion of the Property, the Owner shall grant to the City a permanent, exclusive utility easement (the "Easement") at the northwest comer of the Property over the land generally depicted on Exhibit "C" (the "Easement Lands"). Within sixty (60) days of receipt of a written request from the City, the Owner will, at the Owner's expense, prepare and provide the City with a metes and bounds legal description and sketch of description of the Easement Lands. The aforesaid legal description and sketch shall be certified to the City and shall be subject to the review and approval of the City. The Easement shall be on City easement fonns utilized for comparable easements obtained by the City. Section 4. Development of the Propertv. (A) The Owner hereby agrees to develop the Property in accordance with the Final Plans, and all permits and approvals issued by the City and other governmental entities with respect to the Property. As of the date hereof, the Final Plans have been approved by the City, such Final Plans being hereby incorporated herein by reference as if fully set forth herein (B) The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit "D" and by this reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "D" are also set forth on the Final Plans. ORLA_917098.2 ..., -.)- FOLEY & LARDNER LLP DRAFT March 24, 2008 (C) Except as otherwise expressly set forth in this Agreement, it is agreed that the Final Plans for the Property shall confonn to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. . Section 5. Waivers from the Ocoee Land Development Code. As part of the approval of the Final Plans, the Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "E" attached hereto and by this reference made a part hereof (the "Waivers"). The Waivers are also set forth on the Final Plans. Section 6. Off-Site Transportation Miti2ation. (A) The Owner has submitted to the City a Traffic Impact Analysis prepared by Kimley-Horn and Associates, Inc. dated February 2008 (the "Traffic Study"). The Traffic Study is premised upon the Property being developed with the following uses on the Property: (i) six (6) separate buildings with a total of 145,754 square feet of office space of which up to 43,728 square feet may be used for medical office space, (ii) a 13,296 square foot high turnover sit-down restaurant within a retail center, and (iii) a 6,722 square foot retail center (the "Owner's Proposed Development"). The Traffic Study indicates that, when taking into account the Owner's Proposed Development, certain impacted roadway segments and intersections will not meet their adopted Level of Service by the year 2009 (the "Roadway Deficiencies"). In order to address the Roadway Deficiencies, the Owner agrees, at the Owner's expense, to implement a strategy as set forth in Section 6(B) below to accommodate or mitigate the additional traffic created by the Owner's Proposed Development. . (B) In order to comply with requirements of Article IX of the City's Land Development Code entitled "Concurrency" and as a material inducement to the City to approve the Final Plans and thereafter issue a Final Certificate of Concurrency for the development of the Property, the Owner hereby agrees to pay to the City the sum of THREE HUNDRED THOUSAND AND NOll 00 DOLLARS ($300,000.00) (the "Traffic Miti!!ation Pavment"). The Traffic Mitigation Payment will be used by the City exclusively for (i) the payment of costs associated with the design, engineering, permitting and construction of a northbound right turnlane from Maguire Road onto Old Winter Garden Road, or (ii) the payment of costs associated with the construction of a project known as "Maguire Road Phase 5", or (ii) a combination of the foregoing. The Traffic Mitigation Payment shall be paid by the Owner in a lump sum upfront payment, or, alternatively, the Owner, at its option, may elect to pay the Traffic Mitigation Payment on a building by building basis at any time prior to the issuance of a building pennit for the construction of each building to be developed within the Property, such payment being made in accordance with the building allocation schedule set forth in Exhibit "F" attached hereto and by this reference made a part hereof. Notwithstanding the foregoing, any unpaid balance of the Traffic Mitigation Payment shall be due and payable by the Owner to the City three (3) years from the Effective Date. . ORLA_917098.2 -4- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 (C) Neither the Owner nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the Traffic Mitigation Payment set forth above and the Owner's compliance with the requirements of this section. (D) The parties hereto recognize that the Owner's Proposed Development of the Property has been determined to meet the City's requirements for transportation concurrency based upon the transportation mitigation plan set forth above and that a more intense development of the Property than that assumed by the Traffic Study could adversely affect the transportation concurrency review undertaken by the City and subject the Property to further transportation concurrency review and require an updated traffic study. (E) The Owner shall not be entitled to a reduction of the Traffic Mitigation Payment set forth above or a refund of any previously paid portion of the Traffic Mitigation Payment in the event the Property is developed with a lesser intensity or density than set forth in Section 6(A) above, it being recognized by the Owner that the City has proceeded with its transportation planning based upon the receipt of the Traffic Mitigation Payment and has made or may make financial commitments based on the receipt of such monies. Section 7. Concurrency. (A) Immediately following the approval of the Final Plans and this Agreement, the Owner shall apply for a Final Certificate of Concurrency for the development of the Property in accordance with the procedures set forth in the City's Land Development Code (the "Final Certificate of Concurrency"). The City agrees to promptly issue the Final Certificate of Concurrency following receipt of such application. (B) It shall be the responsibility of Owner to commence construction of subdivision improvements prior to the expiration of the Final Certificate of Concurrency or any extensions thereof, or any Transportation Capacity Reservation Certificates ("TCRC's") which may be issued pursuant to the provisions of the Ocoee Land Development Code. The City makes no warranty or representation regarding the ability of the Owner to obtain a new Final Certificate of Concurrency or TCRC should Owner fail to commence construction of subdivision improvements prior to the expiration of the Final Certificate of Concurrency or any TCRC, respectively. (C) The City represents to the Owner that: (I) The development of the Property will not be subject to further concurrency review under the City's Comprehensive Plan and Land Development Code so long as the Owner commences construction of subdivision improvements in accordance therewith prior to the expiration of the Final Certificate of Concurrency; and (2) In the event the Owner obtains a TCRC in accordance with the provisions of the City's Land Development Code which reserves sufficient transportation ORLA_917098.2 -5- FOLEY & LARDNER LLP DRAFT March 24, 2008 capacity for the buildout of the development proposed for the Property, then the development of the Property will not be subject to further concurrency review for transportation under the City's Comprehensive Plan and Land Development Code so long as the Owner commences construction of subdivision improvements in accordance therewith prior to the expiration of the TCRC. . Section 8. Development Limitation Based on Transportation Impact. Notwithstanding any provision contained herein to the contrary, the Property shall not be developed in such a manner so as to generate more than a total of 3,694 net new trips calculated on the basis of the latest edition of the ITE Manual and the City's Transportation Impact Fee Update as referenced in Section 87-2 of the Ocoee City Code, such calculation to be made each time an application is made for the construction of a building within the Property. Section 9. Ma2uire Road Landscapin2. In addition to the Traffic Mitigation Payment, the Owner shall pay to the City the sum of TWENTY THOUSAND AND NOIlOO DOLLARS ($20,000.00) which will be used by the City for Maguire Road landscaping (the "Off-Site Landscaping Payment"). The Off-Site Landscaping Payment will be made on or before the earlier of (i) thirty (30) days from the Effective Date of this Agreement, or (ii) the time of issuance of a permit for the construction of underground infrastructure on any portion of the Property. Section 10. Notice. Any notice delivered with respect to this Agreement shall be in . writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the other party, or (ii) when sent by overnight courier service for next business day delivery (i.e., Federal Express), addressed to the party at the address set forth opposite the party's name below, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith: OWNER: Lake Butler Professional Center, LLC 1 7160 Royal Palm Parkway Suite 2 Weston, Florida 33326 With a copy to: Robert H. Gebaide Baker & Hostetler LLP 200 S. Orange Avenue, Suite 2300 Orlando, FL 32801 CITY: City of Ocoee Attention: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 . ORLA_917098.2 -6- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 Section 11. Covenant Runnin2 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 12. Recordation of A2reement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 13. 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 14. 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 15. A2reement~ Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof; provided, however, that it is agreed that this Agreement is supplemental to the Final Plans and does not in any way rescind or modify any provisions of the Final Plans. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 16. Further Documentation. The parties agree that at any time following a request 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 17. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 18. Attornevs' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 19. 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. ORLA_917098.2 -7- FOLEY & LARDNER LLP DRAFT March 24, 2008 Section 20. 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 21. Severabilitv. If any word, sentence, phrase, paragraph, provIsIOn, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Agreement can still be achieved. Section 22. Effective Date. The Effective Date of this Agreement shall be the day this Agreement is last exectlted by a party hereto and such date shall be inserted on Page 1 ofthis Agreement. [THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK] ORLA_917098.2 -8- . . . . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered in the presence of: OWNER: LAKE BUTLER PROFESSIONAL CENTER, LLC, a Florida limited liability company Print Name By: David Ortiz, Managing Member Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared David Ortiz, as the Managing Member of Lake Butler Professional Center, LLC, a Florida limited liability company, who LJ is personally known to me or LJ produced as identification, and that he/she acknowledged executing the same on behalf of said Company in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2008. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (ifnot legible on seal): My Commission Expires (if not legible on seal): ORLA_917098.2 -9- Signed, sealed and delivered in the presence of: Print Name: Print Name: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this _ day of , 2008. FOLEY & LARDNER LLP By: City Attorney ORLA_917098.2 CITY: FOLEY & LARDNER LLP DRAFT March 24, 2008 CITY OF OCOEE, FLORIDA By: Attest: S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 2008 UND ER - AGENDA ITEM NO. -10- . . . - I- - FOLEY & LARDNER LLP DRAFT March 24, 2008 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, 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 , 2008. 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): ORLA_917098.2 -1 1- FOLEY & LARDNER LLP DRAFT March 24, 2008 EXHIBIT "A" THE PROPERTY Parcell, Villages of Wesmere, according to the plat thereof, as recorded in Plat Book 70, Pages 9-17, Public Records of Orange County, Florida Containing 14.11 acres, more or less. ORLA_917098.2 -12- . . . . . . ORLA_917098.2 FOLEY & LARDNER LLP DRAFT March 24, 2008 EXHIBIT "B" RIGHT OF WAY LANDS DESCRIPTION 12-FOOT RIGHT-Of-WAY A portion of Parcell, VILLAGES OF WESMERE, as recorded in Plat Book 70, Pages 9-17 of the Public Records of Orange Count)', Florida, Iring in the Southwest 1/4 of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the Southwesterly most corner of Parcel I, VILLAGES OF WESMERE, as recorded in Plat Book 70, Pages 9- I 7 of the Public Records of Orange County, Florida; thence North 00'44'12" West along rhe East Right-of-WJY line of Maguire Road, a distance of 197.57 feetro the POli'-TT OF BEGINNING; thence continue North 00'44'12" West along rhe East Right- of-Way line of said Maguire Road, a distance of 238.93 feet; thence North 89'15'48" East, a distance of 12.00 feet; thence South 00'44'12" East along a line 12.00 feet East of and parallel with the East Right-of-Way line of said Maguire Road, a distance of 188.83 feet; thence South 12'43'55" West, a distance of 51.52 feet to the POINT OF BEGINNING. Containing 0.06 acres (2,567 square feet), more or less. -13- FOLEY & LARDNER LLP DRAFT March 24, 2008 ORLA_917098.2 -14- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 . DESCRIPTION 12-FOOT RIGHT-OF-WAY A portion of Parcell, VILLAGES OF WESMERE, as recorded in Plat Book 70, Pages 9-17 of the Public Records of Orange County, Florida, lying in the Southwest 114 of Section 29, Township 22 South, Range 28 East, Orange County, Florida, being more particularly described as follows: COMMENCING at the Southwesterlymost corner of Parcel 1, VILLAGES OF WESMERE, as recorded in Plat Book 70, Pages 9-17 of the Public Records of Orange County, Florida; thence South 45"44'12" East along the East Right-of-Way line of Maguire Road, a distance of 22.63 feet to the POINT OF BEGINNING; thence North 89"15'48" East along a line 12.00 feet North of and parallel with the South line of said Parcell, a distance of 215.78 feet; thence South 77"08'07" East, a distance of 51.03 feet; thence South 89"15'48" West along the South line of said Parcell, a distance of 253.38 feet; thence North 45"44'12" West along the East Right-of-Way line of said Maguire Road, a distance of ) 6.97 feet to the POINT OF BEGINNING. Containing 0.07acres (2,815 square feet), more or less. . . ORLA_917098.2 -15- FOLEY & LARDNER LLP DRAFT March 24, 2008 ORLA_917098.2 -16- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 . EXHIBIT "C" Easement Lands . . ORLA_917098.2 -17- FOLEY & LARDNER LLP DRAFT March 24, 2008 EXHIBIT "D" . CONDITIONS OF ApPROVAL 1. THE CITY OF OCOEE 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. EXISTING TREES 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 INCORPORA TE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS STREET TREES. 3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE EXISTING . PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR THOSE LOTS. 4. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING ROAD RIGHT-OF-WAY AND RETENTION AREAS AS DETAILED IN THE FINAL SUBDIVISION PLAN. ALL EXISTING PROTECTED TREES ON INDIVIDUAL LOTS WILL BE EV ALUA TED AT THE THE TIME OF SITE PLAN REVIEW FOR THAT LOT, TO DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. 5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL BE PRESERVED, ALL ROAD RIGHT-OF-WA YS 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. 6. 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 DEVELOPER HAS FAILED TO . ORLA_917098.2 -18- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE. 7. EACH FIRE HYDRANT SHALL BE 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. 8. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE FOR THE BENEFIT OF THE PROPERTY OWNERS ASSOCIATION. THE LAND BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL LOT OWNERS. 9. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE CONSTRUCTION OF RAMPS AT ALL RIGHTS-OF-WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. SIDEWALKS ABUTTING EACH PLA TTED LOT SHALL BE CONSTRUCTED AT THE TIME OF DEVELOPMENT OF THE LOT AND OTHERWISE COMPLY WITH ALL ADA REQUIREMENTS. WHEN SIDEWALKS ARE CONSTRUCTED ON CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALKS WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT THE TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS. THE PROPERTY OWNERS ASSOCIATION WILL BE RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL STREETS AND SIDEWALKS IN ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY NOW OR HEREINAFTER BE APPLICABLE TO THE PROJECT. 10. ALL COMMON AREA IMPROVEMENTS, INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG ALL ROADS, AS WELL AS LANDSCAPING AROUND THE RETENTION POND TRACTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF COMPLETION. 11. STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE DEVELOPERS PRIOR TO CERTIFICATE OF COMPLETION AT THE DEVELOPER'S EXPENSE AND THE COST OF THEIR OPERATION WILL BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH ORDINANCE NO. 95-17. 12. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION SHALL BE CONVEYED TO THE PROPERTY OWNERS ASSOCIATION BY WARRANTY DEED AT THE TIME OF PLATTING. 13. ANY DAMAGE CAUSED TO ANY PUBLIC RIGHT-OF-WAY AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT SHALL BE PROMPTL Y REPAIRED BY THE OWNER TO THE APPLICABLE GOVERNMENTAL ORLA_917098.2 -19- FOLEY & LARDNER LLP DRAFT March 24, 2008 STANDARDS AT THE OWNER'S SOLE COST AND EXPENSE. . 14. ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE PROVIDED PRIOR TO OR AT THE TIME OF PLATTING. 15. ALL UTILITIES INCLUDING ELECTRICAL, C~BLE, AND TELEPHONE AND INCLUDING ON-SITE EXISTING OVERHEAD WIRES SHALL BE PLACED UNDERGROUND. 16. A PROPERTY OWNER'S ASSOCIATION SHALL BE CREATED FOR OWNERSHIP AND MAINTENANCE OF ALL COMMON AREAS. 17. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO, DECLARATIONS OF COVENANTS, EASEMENTS, AND RESTRICTIONS, DECLARA TIONS OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE PROPERTY OWNER'S ASSOCIATION, AND WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE CITY FOR APPROVAL PRIOR TO PLATTING OR A PORTION OF THE PROPERTY. 18. THE STORMW A TER SYSTEM, INCLUDING ALL PIPES, INLETS, MANHOLES AND STRUCTURES, WILL BE OWNED, OPERA TED, AND MAINTAINED BY WESMERE COVE PROPERTY OWNERS ASSOCIATION, INC. . 19. DELETED 20. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE. 21. ALL EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND UTILITY FACILITIES) WILL BE REMOVED AND/OR TERMINA TED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES. 22. PURSUANT TO ORDINANCE NO. 2001-18, ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WITH THE NAME OF THE SUBDIVISION. ANY SUBSEQUENT CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE CITY COMMISSION. 23. DELETED 24. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY SHALL INCLUDE THE FOLLOWING PROVISIONS: . ORLA_917098.2 -20- I. . . FOLEY & LARDNER LLP DRAFT March 24, 2008 24.a. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE ASSESSMENTS FOR MAINTENANCE OF COMMON AREAS IF ASSOCIATIONS FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL ALLOTTING FOR ADEQUA TE MAINTENANCE. 24.b. DELETED 24.c. DELETED 24.d. PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD STANDING WITH THE FLORIDA SECRETARY OF STATE. 24.e. DELETED 24.f. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY THE ASSOCIA TION. 24.g. DELETED 25. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION SHALL BE CONSISTENT WITH THE FOREGOING PROVISIONS. 26. 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. 27. THIS PROJECT SHALL BE DEVELOPED IN MULTIPLE PHASES. 28. EACH PHASE OF DEVELOPMENT SHALL STAND ON ITS OWN WITH RESPECT TO PUBLIC SERVICES (SEWER, WATER, ACCESS AND OTHER RELATED SERVICES. 29. ALL ROADS TO BE DEDICATED TO THE PUBLIC UNLESS OTHERWISE NOTED. 30. 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 FENCED 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. ORLA_917098.2 -21- FOLEY & LARDNER LLP DRAFT March 24, 2008 31. ALL UNDERGROUND UTILITIES SHALL COMPLY WITH ORDINANCE NO. 95- 17, WHICH REQUIRES PEDESTAL-MOUNTED UTILITY BOXES TO BE PLACED BACK OFF THE STREET, NO MORE THAN 5' FORWARD OF THE FRONT BUILDING . SETBACK LINE, ON ALL RESIDENTIAL LOTS WHICH ARE LESS THAN 70' IN WIDTH, WHERE LOTS WHICH ARE LESS THAN 70' IN WIDTH, WHERE THE LOTS ABUT THE STREET RIGHT-OF-WAY. . 32. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL. 33. ALL TRACTS WITH UTILITY EASEMENTS WILL NEED TO BE PLATTED PRIOR TO PRE-CONSTRUCTION CONFERENCE AND SET UP MASTER PROPERTY OWNERS ASSOCIATION FOR THE MAINTENANCE OF ALL STORM WATER PONDS. 34. DELETED 35. DELETED 36. NO DEVELOPMENT RIGHTS ARE GRANTED BY THIS PSP WITH RESPECT TO LOTS 1,2, & 3. THESE LOTS MUST SUBMIT A SEPARATE FINAL SUBDIVISION PLAN AND/OR PRELIMINARY SITE PLAN, AS THE CASE MAYBE. 37. IF ANY LOTS/TRACTS ARE LATER SUBDIVIDED, A PRELIMINARY SUBDIVISION PLAN AND FINAL SUBDIVISION PLAN WILL BE REQUIRED FOR THE DEVELOPMENT OF EACH SUBDIVIDED LOT/TRACT AND A REPLA T WILL BE REQUIRED CONSISTENT THEREWITH. . 38. DELETED 39. PURSUANT TO ORDINANCE NO. 200]-18, 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. 40. DELETED 41. DELETED 42. "LOW" BUFFERS SHALL BE REQU]RED BETWEEN LOW-RISE (TWO STORIES OR LESS) OFFICE OR MUL TI-F AMIL Y USES AND SINGLE F AMIL Y AREAS, THEY SHALE CONSIST OF A MINIMUM OF FIFTEEN (r5) FEET OF BUFFER AREA SUPPLEMENTED BY BERMS, WALL, AND/OR FENCES, AND LANDSCAPING. . ORLA_917098.2 -22- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 43. LANDSCAPING AROUND THE LIFT STATION SHALL BE REQUIRED IN ACCORDANCE WITH THE CITY OF OCOEE LDC. A SWEET VIBURNUM HEDGE IS PREFERRED. 44. EXISTING OVERHEAD WIRES ALONG MAGUIRE ROAD FRONTAGE SHALL BE PLACED UNDERGROUND. 45. ALL PIPE SIZES TO BE DETERMINED AT FINAL ENGINEERING. 46. DELETED 47. DELETED 48. DELETED 49. DELETED 50. DELETED 51. DELETED 52. DEVELOPMENT OF THE PROJECT SHALL BE REQUIRED TO PROVIDE THE CITY OF OCOEE PAVED, UNGATED ACCESS TO THE LIFT THE STATION TRACT. 53. THIS PROJECT SHALL COMPLY WITH, ADHERE TO, AND NOT DEVIATE FROM OR OTHERWISE CONLICT WITH ANY VERBAL OR WRITTEN PROMISE OR REPRESENTATION MADE BY THE OWNER/APPLICATION (OR AUTHORIZED AGENT THEREOF) TO THE CITY COMMISSION AT ANY PUBLIC HEARING WHERE THIS PROJECT WAS CONSIDERED FOR APPROVAL, WHERE SUCH PROMISE OR REPRESENT A TION, WHETHER ORAL OR WRITTEN, WAS RELIED UPON BY THE CITY COMMISSION IN APPROVING THE PROJECT, COULD HA VE REASONABLY BEEN EXPECTED TO HAVE BEEN RELIED UPON BY THE CITY COMMISSION IN APPROVING THE PROJECT, OR COULD HAVE REASONABLY INDUCED OR OTHERWISE INFLUENCED THE CITY COMMISSION TO APPROVE THE PROJECT. FOR PURPOSES OF THIS CONDITION OF APPROVAL, A "PROMISE" OR "REPRESENTATION" SHALL BE DEEMED TO HAVE BEEN MADE TO THE CITY COMMISSION BY THE OWNER/APPLICANT (OR AUTHORIZED AGENT THEREOF) IF IT WAS EXPRESSLY MADE TO THE CITY COMMISSION AT A PUBLIC HEARING WHERE THE PROJECT WAS CONSIDERED FOR APPROVAL. 54. UNLESS OTHERWISE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL BE PLATTED ALONG ALL SIDE LOT LINES AND A 10' UTILITY, DRAINAGE AND SIDEWALK EASEMENT WILL BE PLATTED ADJACENT TO ALL STREET RIGHTS-OF- WAY AND OTHER PAVED AREAS. SIDEWALKS WILL ONLY BE PLACED IN THIS ORLA_917098.2 -23- FOLEY & LARDNER LLP DRAFT March 24, 2008 EASEMENT IF NECESSARY TO RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED. . 55. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ADJACENT TO ALL STREET RIGHTS-OF-WAY OR OTHER PAVED AREAS WILL BE PLACED AROUND EXISTING PROTECTED TREES TO BE PRESERVED. 56. AN EMERGENCY ACCESS EASEMENT TO AN OVER ALL DRAINAGE EASEMENTS SHOWN HEREON SHALL BE DEDICATED TO THE CITY FOR EMERGENCY MAINTENANCE PURPOSES AT THE TIME OF PLATTING. THE EMERGENCY ACCESS EASEMENT WILL NOT IMPOSE ANY OBLIGATION, BURDEN, RESPONSIBILITY OR LIABILITY UPON THE CITY, TO ENTER UPON ANY PROPERTY IT DOES NOT OWN OR TAKE ANY ACTION TO REPAIR OR MAINTAIN THE DRAINAGE SYSTEM ON THE PROPERTY. 57. A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND PAVED AREAS SHALL BE GRADTED IN FAVOR OF THE CITY AND OTHER APPLICABLE AUTHORITIES FOR LA W ENFORCEMENT, FIRE, AND OTHER EMERGENCY SERVICES. 58. A CONDOMINIUM ASSOCIATION SHALL BE CREATED FOR THE MAINTENANCE OF ALL CONDOMINIUM COMMON ELEMENTS LOCATED WITHIN LOT 1 (I.E. PARKING, LANDSCAPING, ETC.). . 59. THE DEVELOPER SHALL PROVIDE TO THE CITY A DRAFT DECLARATION OF CONDOMINIUM WITH RESPECT TO LOT 1 WITH THE DEVELOPER'S FIRST SUBMITTAL OF THE PLAT FOR THE PROPERTY. THE DECLARATION SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY PRIOR TO THE PLATTING OF THE PROPERTY. THE DECLARATION OF CONDOMINIUM SHALL INCLUDE THE FOLLOWING PROVISIONS: 59.a. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE ASSESSMENTS FOR MAINTENANCE OF COMMON ELEMENTS IF THE CONDOMINIUM ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL ALLOWING FOR ADEQUATE MAINTENANCE. 59.b. PROVISION THAT THE CONDOMINIUM ASSOCIATION SHALL AT ALL TIMES BE IN GOOD STANDING WITH THE FLORIDA SECRETARY OF STATE. 59.c. PROVISION THAT NO PROPERTY OWNED BY THE CITY OF OCOEE OR ANY OTHER GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY THE CONDOMINIUM ASSOCATION. . ORLA_917098.2 -24- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 59.d. PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING THE CITY REQUIRES THE CONSENT OF THE CITY IN AN INSTRUMENT RECORDED WITH THE AMENDMENT. 59.e. PROVISION THA T NOTWITHSTANDING ANY PROVISION OF THE DECLARATION TO THE CONTRARY, NO TERMINATION OF THE CONDOMINIUM FORM OF OWNERSHIP OF THE PROPERTY OR THE TERMINATION OF THE DECLARA TION SHALL BE EFFECTIVE UNLESS AND UTNTIL SUCH TIME THAT THE CITY OF OCOEE APPROVES OF SUCH TERMINATION IN A WRITTEN INSTRUMENT RECORDED IN THE PUBLIC RECORDS OF ORNAGE COUNTY, FLORIDA. 60. THE PROJECT INFRASTRUCTURE MUST BE DEVELOPED IN ACCORDANCE WITH THE INFRASTRUCTURE PHASING PLAN SHOWN ON SHEET PHS-I OF THIS PLAN. THE PHASES MUST BE DEVELOPED IN THE ORDER SHOWN ON SUCH SHEET. 61. ALL FINISH FLOOR ELEVATIONS WILL BE A MINIMUM OF 2' ABOVE THE 100YR STORM ELEVATION. ORLA_917098.2 -25- FOLEY & LARDNER LLP DRAFT March 24, 2008 EXHIBIT "E" . WAIVERS WAIVER TABLE WAVIER I CODE CODE I I REOUEST PROPOSED STA~DARDS JUSTlno. 'l10~ rto. 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O;:VHO"I.lF'(f WII. l't:WDE UPGRADED I ANOSOPlflG STAIIOARDS ACCEPTAB.r AL01l3 PR','A.R" EASTERN BOu1)ARY 0< THE "Aull"E TO lHi: CITY, HO.\OS ROAD l'mRSEC 11011 I t-14.4 R~An 5LI.DlI~ I REDUCE Tt"E R~Ar.. e.J.r;U3 SET5;'C~ A. filiAL OJl PA'ICEL V,'AS tI:.JOW WI1HtllHE 51t!: REO.IFIIG 'HL O"I:E S'JI.DU5 10 BE , iA3~t~.~ St:7E.o\CV.:; rOR C-j FROt,'?:r TO 5' FOR A I tlf;T, OF .10 R::LOCArro. PC~ ...~'.c.2.dl 0I111-lTrGIlATD PARCElS, A SI'I:;U: .:' SUFFtR \',lal A 75'>; IrlCRw\s[ 1'1 ~ 7OtI'1:5 SHAlt SF ;>0 SHR:JBS PIC ::;RW'IO~A')VtR IS ?RO"lJ:O, 7H;: Dtvr, r?IJr'(f ~,u I l~dJOr UF<'FtIW:O L~fDSC~rl'n ('ao.~.fA) 'El:I 4.C1~, -Hi: FASTFRl v ?RCPEp....lIE SI~IIO..liD~ ':C::PI.6l:: 10 1Ho OilY A'IO lH: 01:010 1I:tlO'.4 Olf" Or acc!:!: ~llJlnAS!:"':III. tJAXl'lW ~14...\ 1~!'EA',I)U5 ARE4 I'I:A:.AS:. 1HE !.1I.,XI.!UM ALOW'B.: "HE OVI:HA.L M'S'I:" OI:VtLO""'EII' 'o\'Ll R!:tJAI11.'/II-I'1 ''i: 1:% IIA'x',UI,1 OVERA,LL, HOWE"!:R 'HI: t. iA!K F 5'; FOR Coo') ZOlI'IO r,H'C~V'XJS ~q[" T': &t~ or -rti: 'H:i CCMMERCI^l PAIlC[l Sr::CnCA.l v WI.L Be .11.111::0 TO 8::'l;" O::,/[LOf'CR S.tA,L BE ll[sr-o'lsI3~ TO p80.t.~,1 S';AI_ ar lO... (')' SI1F AR"A COIIlRll STORMY/HCR MAI\'::;W,ljT ArlO RETC"l1:.'1 RCOUIRCV::WS ARC I/n, -Hl 'II: 1 ~11!: ~KI:A 'fa.xIV'Jt/ . RET A" 'ARC::L 'liAS I'ICLUCEO ;V1l-1H: 511::, "hI; sn IIICLUOI:S 0:Ol:A110l1 0' fllG-I~.W.Y .>14..\ IW'/:fl',lJus AHEA U:;1,~I\SE ~H: l.l~LtU",. ALCH'IA.BLE COR rHo CO'ISTIlXll:::t1 Of 1';0 TWO 'URiI .""loS. THE 'I:; hlPER',leus FOR THE OffICE NIO R!:TAL I, !ABLf ~., FOR CoJ ZOII'I:; ,\I?CRVDUS ARCA TC eo.. o. 'H[ POOTlet" WI_l FtCtJAtI!O",l~A~IVUII. T!iC XVnOPMtI/Tv.1.l 11:.UDt U?3"lAOCO .NICS::;"III:; i'aO,5,fA) S~AL aE 70% Of RETA" 'ARC::l STANO.PDS .OCEPT AB.E TO 'HE OITY A'lo THE oEDIOAl1::tlO" A elf" or OOCEE UTlllrY OEPARTIIEIl' . HI: 111:1 SII E ~RI:' ::ASEI/:rIt . . ORLA_917098.2 -26- . . . FOLEY & LARDNER LLP DRAFT March 24, 2008 EXHIBIT "F" TRAFFIC MITIGATION PAYMENT ALLOCATION SCHEDULE BUILDING NUMBER PORTION OF TRAFFIC % OF TOTAL MITIGA TION PAYMENT BUILDING A (LOT lA) $26.431.72 9% BUILDING B (LOT lA) $26.431. 72 9% BUILDING C (LOT lA) $26.431.72 9% BUILDING D (LOT lA) $26.431.72 9% BUILDING E (LOT 1 A) $26.431.72 9% BUILDING F (LOT lA) $26.431.72 9% COMMERCIAL BUILDING ON $141.409.68 46% LOTIB TOTAL $300.000.00 100% ORLA_917098.2 -27- EXHIBIT "G" TITLE MATTERS ACCEPTABLE TO CITY ORLA_917098.2 FOLEY & LARDNER LLP DRAFT March 24, 2008 -28- . . . . . . l\la VOl' S. Scott Vandergrift CQmJl1i~'?iQn~_n:; Gary Hood, District 1 Scott Anderson. District :2 Rusty Johnson, District ,Joel F. Keller. District City_Mg]}gg~.l' Robert Frank MEMORANDUM TO: FROM: DATE: RE: Sherry Seaver, Development Review Coordinator Bobby Howell, MPA, Senior Planner March 24, 2008 Lake Butler Professional Campus - 4th review Preliminary/Final Subdivision Plan - Preliminary/Final Large-Scale Site Plan The Planning Department recommends approval of the above referenced site plan contingent to the satisfaction of the following comment. 1. (Repeat Comment - 2/26/08) Will any building mounted lighting be provided on the buildings? If so, please note all light fixtures on buildings are required to be down mounted and shielded. (LDC. Section 6.14 (2) (i) (iv)) Additionally, please provide cut sheets of these lights for our files if they will be provided on the buildings. · (3/24/08) a) The cut sheets provided in the plan set show wall pack lights. Please note the Land Development Code limits building mounted lighting to shielded wall-washer fixtures or down lights, which do not produce spillover or night-sky pollution. (Section 6.14 (2) (i) (4)). Please provide cut sheets that show the building mounted lighting will be down mounted or shielded in accordance with this requirement. b) Please ensure the square footages of each use type proposed noted on the plans is consistent with the square footages for each use type that is noted in Section 6(a) of the Development Agreement. . . . . Mayor S. Scott Vandergrift center of Good L' . ~~e If'l~ Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel F. Keller, District 4 City Manae:er Robert Frank Lake Butler Professional Campus - Preliminary/ Final Subdivision Review Large Scale Site Plan - 2nd Staff Review Engineering Department Comments March 26, 2008 The following are the results of your second submittal for the above referenced project. If you have any questions pertaining to the requested information, please contact our office. The following comments are items that have been carried forward from the Preliminary Subdivision Review. 1. Resolved. 2. (Repeat Comment) The Wesmere Property approved plans and drainage calculations indicate the maximum impervious area is to be 70%. Revise the project layout to conform to this approved maximum. Provide the SJR WMD Approval once it has been obtained. A copy of the SJRWMD submittal was included. Provide the SJRWMD Approval Letter once it has been obtained. 3. (Repeat Comment) The number of dumpsters and the locations to accommodate garbage truck access will be further commented on. The number of dumpsters still does not adequately facilitate the need for the project. Consider this comment resolved, however the City reserves the right to discus at future TSRC's. 4.-8. Resolved The following comments are new based on the first submittal of the Preliminary/ Final Subdivision Plans as submitted January 28, 2008. 1.-4. Resolved 5. (Repeat Comment) Contact Roger Schmidt at Parsons Engineering to obtain Proposed Grading of the Turnpike widening project and include these on the plans. Provide correspondence regarding this issue. 6. (Repeat Comment) Label each Offsite Turn Lane Plan corresponding to which street it displays. The Maguire Road Offsite Turn Lane Plan needs to include the existing 12" forcemain and the entire existing 16" reuse main. Add a note indicating all stripping will be thermoplastic. The existing 16" reuse main is not shown on the plans. 7.-9. Resolved City of Ocoee' 150 N Lakeshore Drive' Ocoee, Florida 34761 Phone: (407) 905-3100' Fax: (407)656-8504' www.ci.ocoee.fl.us . . Lake Butler Professional Campus March 26, 2008 Page 2 of2 10. (Repeat Comment) Revise plans to indicate all City owned watermain is to be D.I.P. There are notes in the general notes section which still refer to PVC pipe. 11.-12. Resolved 13. (Repeat Comment) Revise all asphalt callouts on the pavement sections to have the "min." in front of the thickness. The word "minimum" needs to be in front of the asphalt thickness. 14.-15. Resolved 16. (Repeat Comment) Revise the Landscape Plans such that there are not trees located within 10ft from any under ground Utility Pipes. There are trees located within 10' of City owned utility pipes which need to be removed. Remove any trees within the provided easement northern corner of the property. 17. (Repeat Comment) Will there be irrigation zones which will be doubled up? Currently the flow demand spread per zone is too large for one meter size. The irrigation valve schedule indicates too wide of a flow spread for only one meter size. 18.-19. Resolved . New comments generated from second submittal on March 19,2008. 1. The Tomyn Blvd. Offsite Turn Lane Plan indicates a reuse water meter near Maguire Road which is to be relocated. Verify that this is a meter and not a valve. 2. The existing forcemain along Maguire Road needs to be relocated in the area of the add~d turn lane. The force main is shown under the curb line of the turn lane. 3. Remove the two backflow assemblies from the water main at the connection points. 4. Remove the Fire Line Master Meter Assembly from the Potable Water Details Sheet. 5. Contactt City of Ocoee Engineering Department to get the latest AutoCAD version of the City Utility Details. Engineering Department . Ryan P. Howard, P.E. Engineer II & . Copy of Public Hearing Advertisement Date Published d r llttldo &W-tl ne.l Ma-r-d1 7-0, 200 F Advertisement G HAL HAL SITE pIAN -81, NonCE IS HEREBY GIVEN, pur- suant to Section 4-3 A. (3) (b), Ocoee Land Develop- ment Code, that on TUES- DAY, APRIL!. 2001, at 7~5 p.m., or os soon thereafter os tical the OCOEE CITY will hold a PUB- at the Ocaee Cltv mIss on Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Lake Butler Profession- al Campus Prelimlnary/Fi: nal Subdivision Plan 8< Pre- liminary/Final Site Plan lo- cated on the northeast cor- ner of the I ntersecllon of Maguire Road and Tomvn, Boulevard; Interested parties maY ap- i pear at the public hearing \ and be heard with respect to the proposed actions. The complete case file, in- cluding a complete legal de- scription by metes and bounds, maY be Inspected at the Ocoee Community Development Department, 150 North Lakeshare Drive, Ocaee, Florida, between the hours of 8:00 a.m. and 5:00 ~a~;' e~~~~al~9~r~~~~a~~~- The City Commission may continue the public hearings to ather dates and times, as It deems necessary. Any in- terested party shall be ad- vised that the dates, times, and places of any continua- tion of these or confinued public hearings shall be an' nounceddurmg the hear- ings and that no further no- l~~~s ~I~rf.dig~bl~~~~a. ~~~ are advised ~at any person who desires to appeal any decision made during the public hearings will need a record of the proceedings and far this purpose mav . I need to ensure that a verba- ti m record of. the proceed- Ings'is made which Includes the testlmanvand evidence upon which the appea.1 Is based. Persons Withdlsabll- illes needing assistance to ~~6i~~t;~~i ~go~::r c~~t~~~ the City Clerk's Offlce 48 hours in advance of the meeting at (407) 905-3105. I . Beth Eikenberry, City Clerk OLS663208 3I2OIOll .