HomeMy WebLinkAboutItem #15B Citrus Oaks - PUD Rezoning/Land Use Plan
AGENDA ITEM STAFF REPORT
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Meeting Date: A'IS~8t 19, 2008
Item # -l5l6
Reviewed By: () A ~
Department Directoa:r: , --t:-~~~- -
Development ~
Services Director:. ~ ~
City Manager: ~
-----
Contact Name:
Contact Number:
Bobby Howell, MPA ~
407 -905-3100, Ext. 1044
Subject:
Citrus Oaks Center
PUD Rezoning I Land Use Plan
Project # RZ-08-04-04
Commission District # 2 - Scott Anderson
ISSUE:
Should the Honorable Mayor and City Commissioners approve an Ordinance rezoning approximately 2.13 acres of
property known as the Citrus Oaks Center from Professional Offices & Services (P-S) to PUD-Commercial?
BACKGROUND SUMMARY:
The Citrus Oaks Center is located on the southeast corner of the intersection of SR 50 and Citrus Oaks Avenue.
The subject property is approximately 2.13 acres in size and is the site of an existing building that was permitted
by the City in 1998 that is currently occupied by 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 ZoninQ Classification ExistinQ Land Use
North Commercial Community Commercial Retail outparcels of the West Oaks Mall
(C-2)
East Commercial, PUD-Commercial Retail Shopping Center,
Conservation/Floodplai ns Wetland/Conservation area
South Low Density Residential Orange County Single-Family homes
Residential District
West Professional Offices & Professional Offices & Medical Office building
Services Services (P-S)
DISCUSSION:
The applicant is requesting to rezone the subject property from Professional Offices & Services (P-S) to PUD-
Commercial. Currently, the main tenant is a medical clinic that has indicated they will not renew their lease, which
expires on August 31, 2008. The applicant has conveyed to the City that rezoning the property to PUD-
Commercial will allow greater latitude in leasing portions of the building to a broader range of tenants than could
occupy the building under the current zoning of P-S.
Rezoning the property to PUD-Commercial is not anticipated to generate additional traffic impacts beyond those of
the existing commercial shopping center to the east of the subject property. The applicant has agreed to place use
limitations on the property in an effort to limit traffic impacts created by the site and to be consistent with the uses
in the commercial shopping center to the east. The list of permitted uses is on the Land Use Plan, and is contained
within the Development Agreement.
The subject property is accessed via a right turn-lane that leads into a shared access with the property to the east
along SR 50, and has a secondary access point along Citrus Oaks Avenue, which is a local collector street.
The property is located on SR 50, which is the main arterial road and commercial corridor in the City of Ocoee.
The subject property is located across SR 50 from the West Oaks Mall, and from "big-box" retailers ranging from
Best Buy, PetSmart, Michael's Arts & Crafts, Toys R' Us, and Borders Books & Music. The existing shopping
center that is located to the east of the subject property contains a multitude of commercial uses that range from a
restaurant to an optometrist office.
Based on the above analysis, it is anticipated the proposed rezoning from Professional Offices & Services (P-S) to
PUD-Commercial is a logical extension of the commercial zoning designations that are found adjacent to north and
east of the site, and will not pose additional impacts on the surrounding roadway network.
OEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on June 25, 2008 and reviewed the applicant's request. The
applicant was notified that all concerns in regards to the review of the project had been satisfied.
The Planning Department requested that check-cashing businesses should be added to the list of prohibited uses
on the Land Use Plan and in the Development Agreement. The Police Department requested day-labor
establishments be added to the list of prohibited uses on the Land Use Plan and in the Development Agreement.
No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the rezoning
of the Citrus Oaks Center from a designation of Professional Offices & Services (P-S) to PUD including the Land
Use Plan subject to the incorporation of the above referenced prohibited uses on the Land Use Plan and in the
Development Agreement.
PLANNING & ZONING COMMISSION RECOMMENOATION:
The Planning & Zoning Commission met on July 8, 2008 to consider the proposed rezoning of the Citrus Oaks
Center from P-S to PUD. Following the deliberations, the members of the Planning & Zoning Commission voted
unanimously to rezone the Citrus Oaks Center from a designation of P-S (Professional Offices & Services) to
PUD-Commercial including the Land Use Plan subject to the incorporation of the prohibited uses recommended by
the DRC on the Land Use Plan and in the Development Agreement.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners adopt an Ordinance rezoning the Citrus
Oaks Center from a designation of Professional Offices & Services (P-S) to PUD-Commercial including the Land
Use Plan, subject to the execution of the attached Development Agreement.
ATTACHMENTS:
Location Map
Existing Future Land Use Map
Proposed Future Land Use Map
Existing Zoning Map
Proposed Zoning Map
Ordinance
Development Agreement
Citrus Oaks Center PUD Land Use Plan
2
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x')
~ Public Hearing
_ Ordinance First Reading
X Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deat 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.
Reviewed by ( )
3
N/A
X N/A
N/A
Citrus Oaks Center
Location Map
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ORDINANCE NO.
(Rezoning Ordinance for Citrus Oaks Center Parcel)
TAX PARCEL ID #: 21-22-28-6328-00-024.
CASE NO. RZ-08-04-04: CITRUS OAKS CENTER
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE P-S, "PROFESSIONAL
OFFICES AND SERVICES" TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 2.13 ACRES LOCATED SOUTH OF AND
ADJACENT TO COLONIAL DRIVE (S.R. 50) AND EAST OF AND
ADJACENT TO CITRUS OAKS DRIVE, 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 or owners (the "Applicant") of celiain real propeliy located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the .'Ocoee City
Conm1ission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone celiain real propeliy contall1ll1g
approximately 2.13 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a paIi hereof, from Ocoee P-S, "Professional Offices and Services," to Ocoee
PUD, "Planned Unit Development;" 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 Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set fOlih in Ordinance #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 PlaIming and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on July 8, 2008 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
ORLA_1060851.2
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2008 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real propelty and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission 111
accordance with the procedures set fOlth 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 Alticle 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 Propelty described in Exhibit "A" containing approximately 2.13 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee P-S,
"Professional Offices and Services," 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. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. 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 said revised
Official Zoning Map in accordance with the provisions of Section 5-1 (0) of Alticle V of Chapter
180 of the Ocoee City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or pmts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, or pOltion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such pOltion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining pOltion
hereto.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
2
ORLA_1060851.2
PASSED AND ADOPTED this _ day of
,2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2008
READ FIRST TIME . 2008.
READ SECOND TIME AND ADOPTED
.2008.
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2008.
FOLEY & LARDNERLLP
By:
City Attorney
3
ORLA_ 1060851 .2
EXHIBIT" A"
(The "Prouertv")
Legal Description
THAT pl>.Fn OF THF: FOLLOWING DEScr~lbr:[J PROPERTY LYING EA:'.!" OF
CITf~LJS OAI<S AVENUE AS DESCf<IDED IN OFFICIAL i'~ECOfm:o nOOi\
31.'17, PL\<:;E 2L:6. OF THE PUBI._IC RECORDS OF ORANGE CO{Jr~TY,
FLOHIDA.
TFU,CT 2, ORLANDO Gf'<OVES ASSOCIATION, L/\I<E LOTT/\ GROVES. AS
RECORDED IN PLAT BOOK E, PAGE 52, OF THE PUBLIC F~ECORDS OF
Or~ANGE COUNTY, FLOF~IDA, LESS THE SOUTH 7412~ FEET THEF!EOF
AND ALSO, LESS THE STATE ROAD 50 RIGHT Of WAY, LYING IN SECTIOf\!
28, TOWNSHIP 22 SOUTH, F(ANGE 28 EAST, AND
/,LSO LESS THE FOLLOWING Tf~ACT OF L/IND FOf~ THE EAST. VVEST
EXPf~ESSWAY (HIGHT OF VV/\Y):
A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/,1 OF
SECTION 28, TOVVN::;HIP 22 SOUTH, RANGE 28 E:\8T. ORANGE COUNTY,
FLORIDA; ALSO BEING A PORTION OF TRACT 2, ORLANDO GROVES
ASSOCIATlor~, LAI<E LOTTA GROVES, AS RECORDED IN PLAT BOOK E,
PAGE [02, OF THE PUBLIC RECORDS OF ORANGE COUNTY. FLORIDA,
BEING I\.'IORE PARTICULARLY DESCRIBED AS FOLLOWS:
COrviiV1ENCE AT THE NOF/THEAST COHN~n OF THE NOfHHWEST 1/4 OF
SECTION 28, TOWNSHIP 2~2 SOUTH, RANGE 28 EAST, OI<Alo,JGE COUNTY.
FLOFlIDA; THENCE ruJN SOUTH OO'H-J'50" EAST, A DISTANCE OF 82,22
FEET TO A POINT oro,J THE SOUTHEI~L Y RIGHT OF \1\IA Y I..INE OF ST A TI::
ROAD 50; THENCE RUN SOUTH 89"48'00" \'VEST. ALONG SAID RIGHT OF
WAY LINE. A DISTANCE OF 234,03 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID f~IGHT OF WAY LINE f~UN SOUTH 45":3S''I2''
WEST, A DISTANCE OF 50.19 FEET TO A PO/fo,JT ON THE [AST[I:::[ Y f~IGHT
OF WAY I..INE OF CITRUS OAI<S AVENUE (PRIVATE STREET); THENCE
NORTH 00"12'00" WEST, ALONG SAID EASTERLY RIGHT OF VI/A Y LINE, A
DISTANCE OF 35.00 FEET TO THE SAID SOUTHERLY RIGHT OF VVA Y I..INE
OF STATE ROAD 50; THENCE NORTH 89"48'00" EAST ALONG S.[IID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 35.97 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH NON..EXCLUSIVE I~IGHTS OF INGF<ESS AND EGr~ES.s AS
SET FORTH IN THAT CERTAIN NON-EXCLUSIVE EASEI'vlENT AS
DESCRIBED Ihi OFFICIAL nECORDS BOOK 3:53'., PAGE 307, PUBLIC
HECOI:WS OF OI~fINGE COUNTY, FLOr~IDA.
TOGETHEH WITH THE LA(\IDS LYING WEST OF THE CENTEm.li\!E OF
MICHIGP,N .l\VElo,JlJE. AS NOW VACATED.
LESS AND EXCEPT THOSE LANDS AS SET FORTH IN THAT ORDER OF
TAhlNG RECORDED IN OFFICIAL RECORDS BOOK 4081. PAGE 35'12 AND
THAT STIPULATED FIN.AL JlJOGlvlENT RECORDED IN OFFICIAL RECORDS
BOOI( 4092, PAGE 429'i', OF THE PUBLIC RECORDS OF OR.l\h!GE COUNTY,
FLOF<IDA.
4
ORLA_1060851.2
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EXHIBIT "B"
Citrus Oaks Center
Proposed Zoning Mop
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
For Recording Purposes Only
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
ISO N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
DEVELOPMENT AGREEMENT
(Citrus Oaks Center)
TillS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into
as of the _ day of , _ by and between CITRUS OAKS CENTER, INC., a
Florida corporation, whose mailing address is P.O. Box 2788, Orlando, FL 32802-2788
(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 ! T N E ~ ~ E T H:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange County,
Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(hereinafter referred to as the "Property")~ and
WHEREAS, pursuant to the petition of the Owner, on , _ the
Ocoee City Commission approved Ordinance No. rezoning the Property as "PUD"
under the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to fully
comply with the provisions of the Ocoee Land Development Code.
ORLA_1056389.1
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.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2.
Development of the Property.
A. The Owner hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan for Citrus Oaks Center prepared by Laura Turner Planning Services,
date stamped as received by the City on (hereinafter referred to as the
"Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set
forth herein.
B. The Owner hereby agrees that the Property shall be developed in
accordance with and is made subject to those certain Conditions of Approval attached hereto as
Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The
Owner further agrees to comply with all of the terms and provisions of the Conditions of
Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the
Conditions of Approval set forth in the Land Use Plan.
C. Except as otherwise expressly set forth in this Agreement and the Land
Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations
of the City as set forth in the Ocoee Land Development Code, as it may from time to time be
amended, and (2) all preliminary subdivision plans, fmal subdivision plans, and fmal 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. All capitalized terms not otherwise defined herein shall be as defined or
described on the Land Use Plan, unless otherwise indicated.
Section 3. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the other party, (ii) upon receipt when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, or (iii) the next business day after being sent by nationally
recognized overnight delivery service for next business day delivery, all addressed to the party at
the address appearing on the first page of this Agreement, or such other person or address as the
party shall have specified by written notice to the other party delivered in accordance herewith.
Section 4. Permitted Uses~ Prohibited Uses. As a material inducement to the
agreement of the City to rezone the Property, the Owner agrees that the Property will be
developed in accordance with those uses permitted in Table 5-1 of the City of Ocoee Land
Development Code as specified in the "C-2", Connnunity Commercial District, except for the
ORLA_1056369.1
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followinl! uses which are expressly prohibited on the Property: drive-in restaurant, miniature
golf course, paVlI1 shop, equipment sales, funeral parlor, movie theater, nursing home, grocery
store/supermarket, automotive repair, automotive sales, automotive service, commercial
convenience, commercial convenience with gas sales, gas station, hotel/motel, hospital, bar,
check cashing services, and day labor.
Section 5. Covenant Runnine 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 6. Recordation of Aereement. 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 O'wner,
execute and deliver letters affirming the status of this Agreement.
Section 7. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 8. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 9. Aereement: Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal amendment.
Section 10. Further Documentation. The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder.
Section 11. Specific Performance. Both the City and the Owner shall have the right
to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 12. 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, legal assistants' fees and costs inculTed
in connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 13. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
ORLA_1056389.1
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Section 14. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 15. Severability. If any sentence, phrase, paragraph, provision, or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 16. Effective Date. This Agreement shall flIst be executed by the Owner and
submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee
City Commission, this Agreement shall be executed by the City. The Effective Date of this
Agreement shall be the date of execution by the City.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the
presence of
OWNER:
CITRUS OAKS CENTER, INC.,
a Florida corporation
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By: .-:~;:;:~
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Name: J PO '1 ;~rl" ,
Its: P,t"C" r-?r-';-, i-
Print Na:m~
ORLA_1056389.1
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STATE OF FLORIDA
COUNTY OF ()/l ?11p--
v
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
~C-t1 ,r.)C-'1 t , who r V1 is personally known to me or L-J produced
as identification, and that
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this }15 I-
day of ft,d-/ , Be v t .
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Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnollegible on seal):
My Conunission Expires (if nOI legible on seal):
ORLA_1 056389. 1
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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
FOLEY & LARDNER LLP
By:
City Attorney
ORIJI._1 056389. 1
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO.
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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
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_1056389.1
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JOINDER AND CONSENT
The undersigned hereby celtifies that it is the holder of that certain Mortgage and Security
Agreement dated the 21 st day of ~ovember: 1997 and recorded in Official Records Book 5374,
Page 3022, as modified by that certain Assignment of Mortgage and Related Loan Documents
dated the 26th day of August, 1998 and recorded in Official Records Book 5557, Page 3276, as
modified by that celtain MOltgage Note and Mortgage Rene'\val and Modification Agreement
dated the 26th day of August 1998 and recorded in Official Records Book 5557: Page 3278, as
affected by that Certain Satisfaction of ;Vrortgage dated the 26th day of October 1998 and
recorded in Official Records Book 5670, Page 1353: as modified by that celtain Assignment,
Assumption and Modification Agreement dated the 23rd day of October 2006 and recorded in
Official Records Book 8933, page 2894, as affected by that cenain Assignment of Leases, Rents,
and Profits dated the 21st day of November 1997 and recorded in Official Records Book 5374,
Page 3042, as affected by that certain Amended and Restated Assignment of Leases, Rents and
Profits dated the 26th day of August 1998 and recorded in Official Records Book 5557, Page
3312, and as affected by that certain DCC Financing Statement recorded on October 24th, 2006
in Official Records Book 8933, Page 2902, all of the Public Records of Orange County, Florida,
upon the above described property and the undersigned, for and in consideration of valuable
consideration, the receipt and sufficiency of \vhich is hereby acknowledged, does hereby join in
and consent to the execution of the foregoing Development Agreement and agree that the lien of
its mortgage described herein above shall be subordinated to the aforedescribed Development
Agreement.
Signed, sealed and delivered
in the presence of:
.& ;? &a,,,.,, )
Modern Woodmen of America
(Print name of Mortgage holder)
Print Name: G. P. Odean
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Print Nffine: Christ'\<- S. Graham
I' Manager, Mortgage Division
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By:
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Printed Name: Nick S. Coin
Title: Treasurer & Investment ManaQer
ORLA_1056389.1
-8-
STATE OF ILLINOIS
COUNTY OF ROCK ISLAND
The foregoing instrument was acknowledged before me this 21 st day of July 2008, by
?\ick S. Coin who is the Treasurer & Investment Manager of Modem Woodmen of America. He
is personally known to me.
v:; , ,-y' ,! / ~
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SIgnature of Notary
OFFICIAL SEAL
LINDA J. KENDALL
Notary Public. State of Illinois
My Commission Expires Mar 02. 2012
Linda J. Kendall
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifnOllegibk on seal): 256076
My Commission Expires {if~Ollegibk on s~an: 3/2/2012
ORLA_1056389.1
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EXHIBIT "A"
THE PROPERTY
That part of the following described property lying East of Citrus Oaks Avenue as described in
Official Records Book 3517, page 2126, of the Public Records of Orange County, Florida.
Tract 2, Orlando Groves Association, Lake Lotta Groves, as recorded in Plat Book E, page 52, of
the Public Records of Orange COWIty, Florida, less the South 741.29 feet thereof and also, less
the State Road 50 right of way, lying in Section 28, Township 22 South, Range 28 East, and
Also less the following tract ofland for the East-West Expressway (right of way):
A portion of the Northeast 1/4 of the Northwest 1/4 of Section 28, Township 22 South, Range 28
East, Orange County, Florida; also being a portion of Tract 2, Orlando Groves Association, Lake
Lotta Groves, as recorded in Plat Book E, page 52, of the Public Records of Orange County,
Florida, being more particularly described as follows:
Commence at the Northeast comer of the Northwest 1/4 of Section 28, Township 22 South,
Range 28 East, Orange County, Florida; thence run South 00019'50" East, a distance of 82.22
feet to a point on the Southerly right of way line of State Road 50; thence run South 89048'00"
West, along said right of way line, a distance of234.03 feet to the point of beginning; thence
departing said right of way line run South 45035' 12" West, a distance of 50.19 feet to a point on
the Easterly right of way line of Citrus Oaks Avenue (private Street); thence North 00012'00"
West, along said Easterly right of way line, a distance of35.00 feet to the said Southerly right of
way line of State Road 50; thence North 89048'00" East along said Southerly right of way line, a
distance of 35.97 feet to the point of beginning.
Together with non-exclusive rights of Ingress and Egress as set forth in that certain non-exclusive
easement as described in Official Records Book 3534, page 307, Public Records of Orange
County, Florida.
Together with the lands lying West of the centerline of Michigan Avenue, as now vacated.
Less and except those lands as set forth in that Order of Taking recorded in Official Records
Book 4081, page 3512 and that Stipulated Final Judgment recorded in Official Records Book
4092, page 4297, of the Public Records of Orange County, Florida.
ORLA_1056369.1
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EXHIBIT "B"
CONDITIONS OF ApPROVAL
1. To the extent the Land Use Plan and these Conditions of Approval conflict with the City
of Ocoee Land Development Code, the provisions of the Land Use Plan and these
Conditions of Approval shall control.
2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with
any verbal or written promise or representation made by the Owner/Applicant (or
authorized agent thereof) to the City Commission at any public hearing where this project
was considered for approval, where such promise or representation, whether oral or
written, was relied upon by the City Commission in approving the project, could have
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.
3. 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.
4. 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 this Plan.
5. There shall be no access from the property to any public road except at the approved
locations shown on the Land Use Plan.
6. All legal instruments related to the project, if any, including but not limited to, restrictive
covenants, deeds, and conservation, utility or other easements, shall be subject to
approval by the City and provided prior to the approval of this Plan.
7. All cross access, utility and drainage easements, if any, shall be subject to the review and
approval by the City and provided prior to any approval ofthis Plan.
8. A perpetual, non-exclusive access easement over all internal roadways and other paved
areas is hereby granted in favor of the City of Ocoee and other applicable authorities for
law enforcement, code enforcement, fIre and other emergency services. The City may
require that the owner execute an easement in recordable form with respect to the
foregoing.
ORLA_1056389.1 -11-
9. Parking shall be provided in accordance with the City ofOcoee Land Development Code.
10. The stonnwater system, including all pipes, inlets, manholes and structures, and retention
ponds), will be owned, operated and maintained by the Owner in accordance with all City
of Ocoee and St. Johns River Water Management District Requirements.
11. 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.
12. The improvements shown on the Land Use Plan are for informational purposes only. No
development approvals are granted with respect to any improvements by virtue of this
Land Use Plan.
13. Reclaimed water will be used for irrigation purposes, if available.
14. The Owner shall be prohibited from installing any additional ground signs on the property
or increasing the size of the existing ground sign currently located on the property.
15. Within 60 days of City approval of the Land Use Plan, the Owner shall, at its sole cost
and expense, modify the existing wall pack lights currently located on the property to
provide any shielding or other improvements required pursuant to Section of the 6-
14(C)(2)(i) of the Land Development Code.
ORLA_1056389.1 -12-
Copy of Legal Advertisement
Date Published
SUNDA v, AUGUST 24;' 2008
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NOTICet5: HEREBY. 'G.IV,
EN. I!Ursuanl 10 ~ubsecllan
166.(}4l(3)(C),2'iIJ:lFlarida
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T!15P.M. or as.soan.tltere.
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5l0N haYcI'.a;,PVBl.IC
"EAR I .cd lhe.il[J;!y at
Ocaee 'ammlssf9n. Cham.
beros; 150, North! i:a)<eshore
Dtlve; acaee,;Florida, to
consider' an. o~dtllancere.
'zaning'the . 'led,
an Jha sou est
CoJiinia~'O t of
CllrlJs tla ; to
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eel !denllflcatiCA< nmnber is
21'2f'~.00.G24.,
I nterested parties mav,ol>'
pear at the public hearing
and be heard with respect
to the proposed actions.
The complete case IlIe may
be inspected at the Ocaee
Planning Deportment. locot.
ed at 150 North Lakeshore
Drive. Ocaee, Florida be.
tween the hours of 8:00 a.m.
and 5:00 p.m.. M.andav
through Fridav, except Ie.
gal holldovs.
The Ocoee Ci!vCammissian
mov continue the publiC
hearings to ather doles an"
times, as it deems.neces.
sorv. Any interested por!v
sholl be. advised, of the!
doles. times, and places of
onv continuation of these or
continued pUblic hearings.
Anv continuances shalloe
announced during these
hearings and no further n....
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You are adv.ised thal'anY F
person who desires '" op. l
peal any daelsian. made at 1
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need a record' of t,he pro. 2
ceedings and for this pur. 4
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COR617308-AUG.24