HomeMy WebLinkAboutItem #11 Ocoee Town Shops Second Reading of Ordinances
Meeting Date: December 1, 2009
Item # / I
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
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· Subject:
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Ocoee Town Shops
Comprehensive Plan Amendment # CPA-2008-003
Rezoning / PUD Land Use Plan - Project # RZ-08-08-05
Preliminary Subdivision/Site Plan - Project # LS-2008-006
Commission District # 2 - Rosemary Wilsen
BACKGROUND SUMMARY:
The subject site is approximately 3.39 acres in size and is located on the northwest corner of Clarke Road
and W. Colonial Drive (SR 50). The property is currently zoned Professional Offices & Services (P-S) with
a Future Land Use designation of "Professional Offices & Services" which allows for a Floor Area Ratio of
3.0. The subject property is currently vacant, undeveloped and heavily wooded containing a mixture of
Oak, Laurel, Ear, China berry and Palm trees.
The future land use and zonino classifications of the surroundino properties:
DIRECTION: JURISDICTION / FUTURE LAND USE JURISDICTION / ZONING
North City of Ocoee / Commercial City ofOcoee / Community Commercial"C-T
East City of Ocoee / Commercial City ofOcoee / Community Commercial"C-Z'o
South Orange County / Road Right-of-Way Orange County / Road Right-of-Wav
West City ofOcoee / Commercial City ofOcoce / Community Commercial "C-T
The existing land use to the west is "Commercial" (Kane's Furniture Store) and to the north is vacant with a
proposed commercial (Oaks Commerce Center) development. Both projects are part of the existing
Goodman Center Subdivision. To the east across Clarke Road is an existing large-scale shopping center
(Michaels, Pet'sMart, The Vitamin Shoppe, etc.). To the south across W. Colonia Drive (SR 50) is the on-
and off-ramps for the East-West Expressway (SR 408).
The (small-scale) Comprehensive Plan Amendment consists of classifying approximately 3.39 acres parcel
from "Professional Offices & Services" to "CommerciaL" Essentially, the subject parcel is proposed as an
extension of the existing "Commercial" development of the area. The Applicant/Owner is also requesting a
"Planned Unit Development" (PUD) zoning in order to accommodate a mixed-use commercial
development. Therefore, a Land Use Plan for the PUD zoning and a Preliminary Site/Subdivision Plan has
also been submitted by the Applicant.
The Land Use Plan proposes a mixture of uses which are Commercial, Retail, Restaurant, Restaurant w/ a
drive-thru facility, Medical Offices, and Financial Services. All other uses are proposed to be prohibited.
The Preliminary Subdivision Plan proposes three (3) commercial lots, which are sized to fit the proposed
~_1454735.2
building structures. All of the lots will be serviced by a common tract (Tracts "A"). Tract "A" will address the
requisite infrastructure (access, parking, sidewalks, landscaping, etc.) improvements. The Preliminary Site
Plan proposes 3 one-story structures with a total gross floor area of 30,443 square feet. The allocation for
the total square footage for each use proposed is: 16,358 square feet of Commercial, 4,500 square feet of
Financial Services/CommerciaIlDrive-thru Restaurant, and 9,585 square feet of Restaurant space.
Several oak trees at the peripheral and rear of the property are scheduled to be preserved as reflected on
the Tree Protection and Removal Plan. In addition, there are some trees at the proposed landscape islands
including the main entrance island (30" Oak) that are scheduled to be preserved. At this preliminary stage,
23 approved trees are proposed to be protected. Accordingly at Final Site Plan, the tree protection will be
further evaluated with the Landscape Plan in order to optimize the tree preservation program for the site.
As stated earlier, the subject site is located on the northwest corner of Clarke Road and W. Colonial Drive
(SR 50). Both roadways are designated as arterials roads. There is an existing left-turn lane on Clarke
Road that is planned to be used for the project's main entrance. Accordingly, storage capacity for this turn
lane will be analyzed during Final Site Plan approval. Water, sanitary sewer, reclaimed water, solid waste
and police & fire protection will all be provided by the City.
"Planned Unit Development" (PUD) zoning allows for a tailored development program. The waivers
requested on the Waiver Table are the major differences of this project compared to a project built on a
conventional zoned district. The first five (5) waivers pertain to the entire project. They are listed on a
waiver table on the coversheet for your review and consideration. Justification to allow the City
Commission to grant waivers from the Land Development Code is determinate upon the project
demonstrating an offsetting public benefit which is technically sound and measurable. As justification of the
waiver request, the applicant has agreed to enhance the landscaping and removal of existing utility poles
on SR 50.
Waivers 6-10 are requested due to the lots being designed for single site structures. Access, parking,
sidewalks, and landscaping for the lots are provided via Tract "A". All of the waivers requested are from
Article V of the Land Development Code. This section of the Land Development Code sets minimum
standards for lot size, lot width, building setbacks, building coverage and impervious surface ratios. Staff
recommends approval of the requested waivers as presented.
Finally, the applicant was made aware that the Comprehensive Plan Amendment (CPA) cannot be
transmitted to Department of Community Affairs (DCA) for final processing until the EAR (Evaluation
Appraisal Report) for the City of Ocoee has been adopted and submitted to DCA and DCA has made an
initial determination of sufficiency with respect thereto, regardless of whether the EAR has been
determined to be insufficient. Accordingly, the comprehensive plan amendment ordinance has been
drafted so that, if passed, it will be adopted seven days after the EAR has been submitted to DCA, and
shall become effective thirty-one days after adoption if no one has filed a petition with the Division of
Administrative Hearings in accordance with 163.3187(3). The zoning ordinance has been drafted so that it
becomes effective at the same time as the comprehensive plan amendment ordinance and the
development agreement will become effective at the same time as the zoning ordinance. Further, the
zoning ordinance, the development agreement and the Preliminary Subdivision/Site Plan for Ocoee Town
Shops shall be approved subject to the passage, adoption and effectiveness of the comprehensive plan
amendment ordinance for Ocoee Town Shops.
ISSUE:
Should the Honorable Mayor and City Commissioners approve a Small-Scale Comprehensive Plan
Amendment ("Professional Offices & Services" to "Commercial") Ordinance, PUD Land Use Plan/Rezoning
Ordinance and Preliminary Subdivision/Site Plan for the Ocoee Town Shops?
A_1454735.2
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on February 25, 2009 and reviewed the Small-Scale
Comprehensive Plan Amendment ("Professional Offices & Services" to "Commercial"), Rezoning/PUD
Land Use Plan and Preliminary Subdivision/Site Plan for Ocoee Town Shops. There were comments to be
addressed from the City Attorney's Office that were identified in a written staff memorandum and presented
verbally. All of the comments were discussed and agreed to be completed by the applicant. The Applicant
felt confident that the Development Agreement and all requisite documents will be finalized and executed
by the applicant for presentation to the City Commission.
When the discussion was finished, the DRC voted unanimously to recommend approval of the Small-Scale
Comprehensive Plan Amendment ("Professional Offices & Services" to "Commercial"), PUD Land Use Plan
and Preliminary Subdivision/Site Plan, subject to resolving the City Attorney's remaining comments before
the City Commission meeting.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Small-Scale Comprehensive Plan
Amendment ("Professional Offices & Services" to "Commercial"), Rezoning/PUD Land Use Plan and
Preliminary Subdivision/Site Plan for Ocoee Town Shops on March 10, 2009. City Staff presented a brief
overview of the project. City Staff and the Applicant answered several questions regarding tree protection,
parking demand, stormwater exfiltration system, elevation of the property, and the waivers requested for
the project. All of these questions were addressed adequately in the P&Z meeting. There was no one from
the public to speak regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (4-1) of
the Small-Scale Comprehensive Plan Amendment ("Professional Offices & Services" to "Commercial"),
Rezoning/PUD Land Use Plan and Preliminary Subdivision/Site Plan as date-stamped received by the City
on December 24, 2008.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Small-Scale Comprehensive Plan Amendment ("Professional
Offices & Services" to "Commercial") Ordinance, subject to the City Commission approval of the Right-of-
Way Vacation for the northern adjacent Unnamed Road. Furthermore, based upon the recommendation of
the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners
approve the Rezoning/PUD Land Use Plan Ordinance, Development Agreement for Ocoee Town Shops, and
Preliminary Subdivision/Site Plan for Ocoee Town Shops date-stamped received by the City on December
24, 2008, subject to the City Commission approval of the Right-of-Way Vacation for the northern adjacent
Unnamed Road and the passage, adoption and effectiveness of the Small-Scale Comprehensive Plan
Amendment Ordinance, pursuant to Sections 7 & 8 of that ordinance.
ATTACHMENTS:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
Small-Scale Comprehensive Plan Ordinance;
Rezoning Ordinance;
Development Agreement for Ocoee Town Shops;
PUD Land Use Plan and Preliminary Subdivision/Site Plan for Ocoee Town Shops date-stamped December 24, 2008.
A_1454735.2
FINANCIAL IMPACT:
None.
Type of Item: (please mark with an "x')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deot 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 ( )
A_1454735.2
N/A
X N/A
N/A
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Ocoee Town Shops
Location Map
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ORDINANCE NO.
CASE NO. CPA 2008-03: OCOEE TOWN SHOPS
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE
OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY
ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE
FUTURE LAND USE MAP TO REDESIGNATE FROM "PROFESSIONAL
OFFICES & SERVICES" TO "COMMERCIAL," CERTAIN REAL PROPERTY
CONTAINING 3.39 ACRES (MORE OR LESS) LOCATED NORTH OF AND
ADJACENT TO STATE ROAD 50 AND WEST OF AND ADJACENT TO
CLARKE ROAD, PURSUANT TO THE APPLICA TlON SUBMITTED BY THE
PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION
OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A
DEFERRED ADOPTION DA TE IN COMPLIANCE WITH SECTION
163.3187(6)(a), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE
DATE
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,
AS FOLLOWS:
SECTION 1. In passing and adopting this Ordinance the City Commission of the City of
Ocoee, Florida ("City Commission") hereby makes, expresses, and incorporates the following
findings, purposes, and intent:
a. On September 18, 1991, the City Commission adopted a new Comprehensive Plan
pursuant to Chapter 163, Florida Statutes, which has been amended from time to time ("Ocoee
Comprehensive Plan").
b. The Property Owner initiated Amendment Number CPA-2008-03 in order to amend
the Future Land Use designation of its property.
c. Amendment Number CPA-2008-03 constitutes a Small Scale Comprehensive Plan
Amendment within the meaning of Section 163 .3187( c), Florida Statutes.
d. On March 10, 2009, the Planning and Zoning Commission of the City of Ocoee,
Florida, acting as the City of Ocoee Local Planning Agency, held an advertised public hearing and
recommended adoption of Amendment Number CPA-2008-03.
e. On December _, 2009, the City Commission held an advertised public hearing and
passed this Ordinance regarding Amendment Number CPA-2008-03.
f. All required public hearings have been held after due public notice in accordance
with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the
Code of Ordinances of the City of Ocoee ('Ocoee Land Development Code").
ORLA_1224613.2
SECTION 2. The City Commission has the authority to pass and adopt this Ordinance
pursuant to Article VIlI of the Constitution of the State of Florida, Chapters 163 and 166, Florida
Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code.
SECTION 3. The Future Land Use designation as set forth on the Future Land Use Map of
the Ocoee Comprehensive Plan of the following described parcel of land containing approximately
3.39 acres located within the corporate limits of the City ofOcoee, Florida, (the "Property") is hereby
changed from "Professional Offices & Services" to "Commercial" with such change becoming
effective on the effective date of this Ordinance as set forth in Section 8 below:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION)
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
A map of the Property is attached hereto as EXHIBIT "B" and by this reference is made a part
hereof.
SECTION 4. At such time as this Ordinance become effective, the City Planning Director
is authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set
forth in the Ocoee Comprehensive Plan to incorporate Amendment Number CPA-2008-03 consistent
with the provisions of this Ordinance.
SECTION 5. At such time as this Ordinance become effective, all ordinances or parts of
ordinances in conflict herewith are repealed.
SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portion hereto.
SECTION 7. At the time of the public hearing on this Ordinance, pursuant to Section
163.3187(6)(a), Florida Statutes, the City of Ocoee is prohibited from amending its comprehensive
plan until it has adopted and submitted its evaluation and appraisal report ("EAR") to the Florida
Department of Community Affairs (the "DCA") as prescribed by Section 163.3191, Florida Statutes.
Accordingly, this Ordinance shall not be considered as having been adopted by the City Commission
of the City of Ocoee until the seventh (7th) day after the date on which the EAR has been adopted
and submitted to the DCA and the DCA has made an initial determination of sufficiency regardless
of whether the EAR has been determined to be insufficient (the "Adoption Date"). The Adoption
Date shall be inserted in this Ordinance by the City Clerk as the date of adoption by the City
Commission of the City of Ocoee. At such time as this Ordinance is adopted as aforesaid, a copy of
this Ordinance shall be transmitted to the DCA.
SECTION 8. This Ordinance shall become effective on the 31 st day after the Adoption
Date if no affected person has filed a petition with the Division of Administrative Hearings in
accordance with Section 163.3187(3), Florida Statutes. If such a petition is timely filed, this
Ordinance shall become effective on the date the DCA or the Administrative Commission issues a
final order determining that the adopted Amendment Number CPA-2008-03 is in compliance. For
the purposes of this Ordinance, the "effective date" is the date on which this Ordinance shall become
effective as set forth in this Section.
2
ORLA_1224613.2
PASSED this _ day of
ADOPTED this _ day of
,2009.
,20_
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FORM AND
LEGALITY
this day of ,2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1224613.2
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED
READ FIRST TIME
READ SECOND TIME AND PASSED ON
,2009
Under Agenda Item No.
3
Ul
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF TRACT 8, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 52,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF SOUTHWEST 1/4 OF SECTION 21-22-28, NORTH 89048'17" EAST, A
DISTANCE OF 1,323.71 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00011'43"
WEST, A DISTANCE OF 67.83 FEET TO THE POINT OF BEGINNING AND A POINT ON THE
NORTH RIGHT OF WAY LINE OF STATE ROAD 50 (PER STATE ROAD RIGHT OF WAY
MAP SECTION 75050 F.P. 239535-3); THENCE DEPARTING SAID NORTH RIGHT OF WAY
LINE, NORTH 00011'09" WEST ALONG THE EAST RIGHT OF WAY LINE OF JACOB
NATHAN BOULEVARD (PER PLAT BOOK 64, PAGES 7-8), A DISTANCE OF 596.08 FEET;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, NORTH 89050'23" EAST, A
DISTANCE OF 248.30 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CLARKE
ROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING TWO
COURSES AND DISTANCES: SOUTH 00013'45" EAST, A DISTANCE OF 566.24 FEET;
THENCE SOUTH 44048'25" WEST, A DISTANCE OF 42.00 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF STATE ROAD 50 (PER STATE ROAD RIGHT OF WAY
MAP SECTION 75050 F.P. 239535-3); THENCE ALONG SAID NORTH RIGHT OF WAY LINE
SOUTH 89048'25" WEST, A DISTANCE OF 219.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.39 ACRES (147,680 SQUARE FEET), MORE OR LESS.
4
ORLA_1224613.2
e
ORLA_1224613.2
EXHIBIT "B"
Ocoee Town Shops
Location Map
5
ORDINANCE NO.
(PUD Zoning Ordinance for Ocoee Town Shops PUD)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT
DEVELOPMENT DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMA TEL Y 3.39 ACRES
LOCATED NORTH OF AND ADJACENT TO STATE ROAD
50 AND WEST OF AND ADJACENT TO CLARKE ROAD,
PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE
PLAN AND THE OCOEE CITY CODE AS OF THE
ADOPTION DATE OF THIS ORDINANCE; PROVIDING
FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
ADOPTION DATE AND AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to zone said real property to Ocoee "PUD," Planned Unit Development District
(the "Zoning");
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code
of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed
said application and determined that, subject to the Ocoee Town Shops Comprehensive Plan
Amendment Ordinance (as defined and described in Section 9 hereof) becoming effective, the
Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as
set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee
Comprehensive Plan");
ORLA_1224586.2
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning shall be consistent with the Ocoee Comprehensive Plan as amended by the Ocoee Town
Shops Comprehensive Plan Amendment Ordinance and is in the best interest of the City and has
recommended to the Ocoee City Commission that it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission
in accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Zoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 3.39 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee "P-S"
Professional Offices & Services to Ocoee "PUD," Planned Unit Development District with such
change becoming effective upon the effective date of this Ordinance as provided in Section 9
below:
ORLA_1224586.2
-2-
See Exhibit " A " attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4.
Land Use Plan. Subject to this Ordinance becoming effective
as provided in Section 9 below, the following Land Use Plan for the Property is hereby approved
subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set
forth thereon:
That certain Land Use Plan for Ocoee Town Shops PUD
prepared by Evans Engineering, date stamped received by the
City on December 24, 2008 with such additional revisions
thereto, if any, as may be reflected in the minutes of the City
Commission of the City of Ocoee meeting approving the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zonin2 Map. At such time as this Ordinance
becomes effective as provided in Section 9 below, the City Clerk is authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted
by this Ordinance and the Mayor and City Clerk are authorized to execute said revised Official
Zoning Map in accordance with the provisions of Section 5-1 (G) of Article V of Chapter 180
of the Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance shall be consistent with the Ocoee Comprehensive upon the
Ocoee Town Shops Comprehensive Plan Amendment Ordinance becoming effective.
ORLA_1224586.2
-3-
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this
Ordinance.
SECTION 8.
Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 9.
Effective Date. Prior to the public hearing on this Ordinance,
the City Commission has passed Ordinance No.
amending the Ocoee Comprehensive
Plan to change the future land use designation of the Property from "Professional Offices &
Services" to "Commercial" (the "Ocoee Town Shops Comprehensive Plan Amendment
Ordinance"). However, pursuant to Sections 7 and 8 of the Ocoee Town Shops Comprehensive
Plan Amendment Ordinance, such ordinance has a deferred adoption date and a deferred effective
date. The Ocoee Town Shops Comprehensive Plan Amendment Ordinance being adopted and
becoming effective is a condition precedent to this Ordinance being adopted and becoming
effective in order for this Ordinance to be consistent with the Ocoee Comprehensive Plan.
Accordingly, this Ordinance shall not be considered as adopted until such condition precedent is
satisfied. The adoption date and effective date of this Ordinance shall be the date on which the
Ocoee Town Shops Comprehensive Plan Amendment Ordinance becomes effective. At such
time as the Ocoee Town Shops Comprehensive Plan Amendment Ordinance becomes effective,
the City Clerk shall insert such date in this Ordinance as the adoption date of this Ordinance.
ORLA_1224586.2
-4-
ATTEST:
PASSED this _ day of
,2009.
ADOPTED this _ day of
,20_
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1224586.2
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2009
READ FIRST TIME , 2009
READ SECOND TIME AND PASSED
, 2009
UNDER AGENDA ITEM NO.
-5-
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF TRACT 8, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 52,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF SOUTHWEST 1/4 OF SECTION 21-22-28, NORTH 89048'17" EAST, A
DISTANCE OF 1,323.71 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00011'43"
WEST, A DISTANCE OF 67.83 FEET TO THE POINT OF BEGINNING AND A POINT ON
THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50 (PER STATE ROAD RIGHT OF
WAY MAP SECTION 75050 F.P. 239535-3); THENCE DEPARTING SAID NORTH RIGHT OF
WAY LINE, NORTH 00011'09" WEST ALONG THE EAST RIGHT OF WAY LINE OF JACOB
NATHAN BOULEVARD (PER PLAT BOOK 64, PAGES 7-8), A DISTANCE OF 596.08 FEET;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, NORTH 89050'23" EAST, A
DISTANCE OF 248.30 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CLARKE
ROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING TWO
COURSES AND DISTANCES: SOUTH 00013'45" EAST, A DISTANCE OF 566.24 FEET;
THENCE SOUTH 44048'25" WEST, A DISTANCE OF 42.00 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF STATE ROAD 50 (PER STATE ROAD RIGHT OF WAY
MAP SECTION 75050 F.P. 239535-3); THENCE ALONG SAID NORTH RIGHT OF WAY LINE
SOUTH 89048'25" WEST, A DISTANCE OF 219.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.39 ACRES (147,680 SQUARE FEET), MORE OR LESS.
ORLA_1224586.2
-6-
6)
ORLA_1224586.2
EXHIBIT "B"
Ocoee Town Shops
Location Ma p
-7-
EXHIBIT "C"
[Insert Land Use Plan]
ORLA_1224586.2
-8-
'-
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
1 ] ] North Orange A venue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2] 93
(407) 423-7656
RETURN TO:
For Recording Purposes Only
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 3476]
(407) 656-2322
DEVELOPMENT AGREEMENT
(Ocoee Town Shops)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the _ day of , 2009 by and between the Vista Pointe Family Limited
Partnership, a Florida limited partnership, whose mailing address is 1568 Lake Whitney Drive,
Windermere, FL 34786 (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 ! TN 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 passed Ordinance No. rezoning the Property as "PUD"
under the Ocoee Land Development Code at such time as said ordinance becomes effective (the
"Rezoning Ordinance"); 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_1224566.3
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 Ocoee Town Shops prepared by Evans Engineering, date
stamped as received by the City on December 24, 2008 (hereinafter referred to as the "Land Use
Plan It). 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. The Owner hereby agrees that the Property will be developed in
accordance with the following permitted uses: commercial, retail, restaurant, medical office,
financial services. All other uses shall be prohibited.
D. 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, final subdivision plans, and final site plans
for the Property or any portion thereof shall conform to the Ocoee Land Development Code
requirements in effect at the time of approval of any such plans. In the event of any conflict
between the provisions of the Ocoee Land Development Code, as it may from time to time be
amended, and this Agreement, it is agreed that the provisions of this Agreement shall control.
D. All capitalized terms not otherwise defined herein shall be as defined or
described on the Land Use Plan, unless otherwise indicated.
Section 3. Waivers from the Ocoee Land Development Code. As part of the
approval of the Land Use Plan, the Owner has been granted waivers from the requirements of the
Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and
by this reference made a part hereof.
Section 4. 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
ORLA_1224566.3
-2-
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 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 Owner,
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 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 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.
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
ORLA_1224566.3
-3-
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 become effective on the adoption
date and effective date of the Rezoning Ordinance (in accordance with the provisions of Section
9 of such ordinance) as evidenced by the Ocoee City Clerk recording in the public records of
Orange County, Florida a notice setting forth the adoption date and effective date of the
Rezoning Ordinance and stating that this Agreement became effective on such date.
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:
THE VISTA POINTE F AMIL Y LIMITED
PARTNERSHIP, a Florida limited partnership
By:
Print Name
Neil Coskun, its General Partner
Print Name
ORLA_1224566.3
-4-
STATE OF FLORIDA
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 Neil Coskun, as
General Partner of the Vista Pointe Family Limited Partnership, who LJ is personally known
to me or LJ 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 _
day of , 2009
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on sea\):
My Commission Expires (if not legible on sea\):
ORLA_1224566.3
-5-
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 ,2009.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1224566.3
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.
-6-
ST A TE 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 , 2009.
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_1224566.3
-7-
JOINDER AND CONSENT
The undersigned hereby certifies that it is the holder of that certain Mortgage and Security
Agreement, dated the 8th day of August, 2007 and recorded in Official Records Book 9430, Page
3781, as amended by that certain Amendment to Cross-Collateralization and Cross-Default
Agreement dated the 25th day of June 2008 and recorded in Official Records Book 9719, Page
2344 and by that certain Mortgage and Note Modification and Renewal Agreement, dated the
25th day of June, 2008 and recorded in Official Records Book 9719, Page 2351, 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 which is hereby
acknowledged, does hereby join in and consent to the execution of the foregoing Development
Agreement (Ocoee Town Shops) 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:
FIRST COMMERCIAL BANK OF
FLORIDA
By:
Print Name:
Printed Name:
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2009, by (Name of Officer) who is the (Title)
of First Commercial Bank of Florida. He/she L] is personally known to
me, or L] has produced as identification.
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_1224566.3
-8-
EXHIBIT" A"
THE PROPERTY
LEGAL DESCRIPTION
A PORTION OF TRACT 8, ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK E, PAGE 52,
PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE ALONG
THE SOUTH LINE OF SOUTHWEST 1/4 OF SECTION 21-22-28, NORTH 89048'17" EAST, A
DISTANCE OF 1,323.71 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00011'43"
WEST, A DISTANCE OF 67.83 FEET TO THE POINT OF BEGINNING AND A POINT ON
THE NORTH RIGHT OF WAY LINE OF STATE ROAD 50 (PER STATE ROAD RIGHT OF
WAY MAP SECTION 75050 F.P. 239535-3); THENCE DEPARTING SAID NORTH RIGHT OF
WAY LINE, NORTH 00011'09" WEST ALONG THE EAST RIGHT OF WAY LINE OF JACOB
NATHAN BOULEVARD (PER PLAT BOOK 64, PAGES 7-8), A DISTANCE OF 596.08 FEET;
THENCE DEPARTING SAID EAST RIGHT OF WAY LINE, NORTH 89050'23" EAST, A
DISTANCE OF 248.30 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CLARKE
ROAD; THENCE ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING TWO
COURSES AND DISTANCES: SOUTH 00013'45" EAST, A DISTANCE OF 566.24 FEET;
THENCE SOUTH 44048'25" WEST, A DISTANCE OF 42.00 FEET TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF STATE ROAD 50 (PER STATE ROAD RIGHT OF WAY
MAP SECTION 75050 F.P. 239535-3); THENCE ALONG SAID NORTH RIGHT OF WAY LINE
SOUTH 89048'25" WEST, A DISTANCE OF 219.03 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.39 ACRES (147,680 SQUARE FEET), MORE OR LESS.
ORLA_1224566.3
-9-
EXHIBIT "B"
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. THIS PROJECT SHALL BE DEVELOPED IN ONE PHASE.
3. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF
THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS
OF THE CITY OF OCOEE CODE.
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 THE PLAN.
5. 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 RELlE D 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.
6. ANY DAMAGE CAUSED TO ANY PUBLIC STREETS AS A RESULT OF THE
CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT SHALL BE
PROMPTLY REPAIRED BY THE OWNER TO THE APPLICABLE
GOVERNMENTAL STANDARDS AT THE OWNER'S SOLE COST AND
EXPENSE.
ORLA_1224566.3 -10-
7. THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC
STREETS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE
APPROVED FINAL SUBDIVISION PLAN.
8. THE BUILDING PAD ELEVATIONS WILL EXCEED THE 100-YEAR STORM
ELEVATION BY A MINIMUM OF TWO (2) FEET.
9. 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 DESI GNED
AROUND THOSE TREES TO INCORPORATE THEM INTO REQUIRED
LANDSCAPE BUFFERS AND AS STREET TREES.
10. 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.
11. 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 EVALUATED AT THE
TIME A BUILDING PERMIT IS ISSUED FOR THAT LOT, TO DETERMINE
WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED.
12. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE
WILL BE PRESERVED, ALL ROAD RIGHTS-OF-WAY AND RETENTION
AREAS WILL BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY
TREE REMOVAL. NO CLEARING PERMITS WILL BE ISSUED FOR SITE
WORK OR BUILDING CONSTRUCTION UNTIL THE TREES TO BE
PRESERVED HAVE BEEN CLEARLY MARKED WITH TREE PROTECTION
BARRIERS.
13. 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 TAKE REASONABLE MEASURES TO
PRESERVE THE TREES ON SITE.
ORLA_1224566.3 -11-
14. THE FINAL GRADING PLAN WILL PRESERVE EXISTING GRADES ON
INDIVIDUAL LOTS CONTAINING PROTECTED TREES AS MUCH AS
POSSIBLE.
15. ALL CROSS ACCESS, UTILITY AND/OR DRAINAGE EASEMENTS SHALL
BE PROVIDED PRIOR TO OR AT THE TIME OF PLATTING.
16. ALL UTILITIES INCLUDING ELECTRICAL, CABLE, TV, AND TELEPHONE
AND INCLUDING ON-SITE EXISTING OVERHEAD WIRES SHALL BE
PLACED UNDERGROUND.
17. 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, FIRE AND OTHER
EMERGENCY SERVICES. THE CITY MAY REQUIRE THAT THE OWNER
EXECUTE AN EASEMENT IN RECORDABLE FORM WITH RESPECT TO
THE FOREGOING.
18. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO
ENABLE ACCESS RAMPS AT ALL RIGHTS-OF-WAY INTERSECTIONS
(AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO
ACCOMMODATE ACCESS TO SIDEWALKS AND STREETS FOR
PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO
ARE PHYSICALLY CHALLENGED, AND OTHERWISE COMPLY WITH ALL
AMERICANS WITH DISABILITIES ACT ("ADA") REQUIREMENTS. WHEN
SIDEWALKS ARE CONSTRUCTED AT CERTAIN CORNER LOCATIONS,
THE SIDEWALKS WILL BE EXTENDED TO THE CURB AND THE
APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. THE OWNER
WILL BE RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL
STREETS AND SIDEWALKS IN ACCORDANCE WILL ALL ADA
REQUIREMENTS THAT MAY NOW OR HEREINAFTER BE APPLICABLE
TO THE PROJECT.
19. PARKING SHALL BE PROVIDED IN ACCORDANCE WITH THE CITY OF
OCOEE LAND DEVELOPMENT CODE.
20. EACH FIRE HYDRANT SHALL BE PAINTED OSHA YELLOW IN COLOR
AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET
IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT.
21. ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AUTOMATIC
RAIN SENSORS.
22. RECLAIMED WATER WILL BE USED FOR IRRIGATION PURPOSES.
ORLA_1224566.3 -12-
23. A PROPERTY OWNERS ASSOCIATION (THE "ASSOCIATION") WILL BE
CREATED FOR MAINTENANCE AND MANAGEMENT OF ALL COMMON
AREAS, UNLESS OTHERWISE NOTED. ALL TRACTS OWNED BY THE
CITY SHALL BE EXEMPT FROM ASSESSMENTS BY, OR PARTICIPATION
IN, THE ASSOCIATION UNLESS OTHERWISE AGREED TO BY THE CITY.
NOTWITHSTANDING THE FOREGOING, THE CITY ON ITS OWN MAY
ELECT TO PARTICIPATE ON THE BOARD FOR THE ASSOCIATION
FORMED AND/OR RETAIN VOTING RIGHTS FOR TRACTS OWNED BY
THE CITY.
24. ALL TRACTS, WHICH ARE TO BE OWNED AND MAINTAINED BY THE
ASSOCIATION, SHALL BE CONVEYED TO THE ASSOCIATION BY
WARRANTY DEED AT THE TIME OF PLATTING.
25. ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES,
WALLS, LANDSCAPING AND SIDEWALKS ALONG ALL ROADS SHALL BE
COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION FOR THOSE CORRESPONDING PHASES.
26. THE STORMWATER SYSTEM, INCLUDING ALL PIPES, INLETS,
MANHOLES AND STRUCTURES WILL BE OWNED, OPERATED AND
MAINTAINED BY THE ASSOCIATION.
27. 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. SIDEWALKS WILL ONLY BE PLACED
IN THIS EASEMENT IF NECESSARY TO RUN THEM AROUND EXISTING
PROTECTED TREES TO BE PRESERVED.
28. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ADJACENT TO
ALL STREET RIGHTS-OF-WAY WILL BE PLACED AROUND EXISTING
PROTECTED TREES TO BE PRESERVED.
29. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE
FOR THE BENEFIT OF THE PROPERTY OWNERS ASSOCIATION OR
OTHER DESIGNATED MAINTENANCE ENTITIES. THE DRAINAGE AND
UTILITY EASEMENTS SHALL BE DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC AT THE TIME OF PLATTING.
30. DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCATION
ONLY. FINAL EASEMENT DIMENSIONS WILL BE SHOWN ON THE FINAL
SUBDIVISION PLAN AND WILL BE SIZED TO MEET CITY REQUIREMENTS.
31. NOTWITHSTANDING THE CONVEYANCE OF THE STORM WATER
RETENTION SYSTEM TO THE PROPERTY OWNERS ASSOCIATION, OR
ORLA_1224566.3 -13-
ANY PROVISION TO THE CONTRARY CONTAINED IN THESE
CONDITIONS OF APPROVAL, THE DEVELOPER SHALL REMAIN
RESPONSIBLE FOR THE MAINTENANCE OF THE PROJECT'S MASTER
STORMWATER MANAGEMENT SYSTEM ("SWMS"), INCLUDING ALL
MASTER STORMWATER RETENTION PONDS, UNTI L SUCH TIME AS: (I)
THE SWMS FOR THE PROJECT IS CONSTRUCTED AND APPROPRIATE
CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY AND THE
SJRWMD, (II) THE MASTER STORMWATER RETENTION PONDS
INTENDED TO BE CONVEYED TO THE ASSOCIATION HAVE IN FACT
BEEN CONVEYED TO THE ASSOCIATION, (III) THE ASSOCIATION IS
DESIGNATED AS THE MAINTENANCE ENTITY ON THE RECORDS OF THE
SJRWMD AND ALL TRANSFER RECORDS REQUIRED BY SJRWMD HAVE
BEEN EXECUTED AND ACCEPTED BY SJRWMD, (IV) THE CITY HAS
BEEN PROVIDED WITH A COPY OF THE DEVELOPER'S PROPOSED
MAINTENANCE PLAN WITH RESPECT TO THE SWMS, AND (V) THE CITY
HAS BEEN PROVIDED WITH A WRITTEN STATEMENT FROM THE
ASSOCIATION ACKNOWLEDGING RECEIPT OF THE DEVELOPER'S
PROPOSED MAINTENANCE PLAN WITH RESPECT TO THE SWMS AND
THAT THE ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE OF
THE SWMS.
32. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING
THE PROPERTY SHALL INCLUDE THE FOLLOWING PROVISIONS:
A. PROVISION ALLOWING THE CITY TO LEVY, COLLECT,
ENFORCE ASSESSMENTS FOR MAINTENANCE OF
COMMON AREAS IF THE ASSOCIATION FAILS TO DO SO OR
FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL ALLOWING
FOR ADEQUATE MAINTENANCE.
B. PROVISION GRANTING THE CITY THE RIGHT, BUT NOT THE
OBLIGATION, TO MAINTAIN/REPAIR THE SWMS AND
OBTAIN REIMBURSEMENT FROM THE ASSOCIATION, OR
FROM THE DEVELOPER IF (I) TURNOVER OF CONTROL TO
THE MEMBERS HAS NOT OCCURRED, OR (II) IF THE
DEVELOPER IS STILL RESPONSIBLE FOR MAINTENANCE
OF THE SWMS.
C. PROVISION PROVIDING THAT THE SWMS WILL BE
TRANSFERRED TO A RESPONSIBLE
OPERATION/MAINTENANCE ENTITY ACCEPTABLE TO THE
CITY IN THE EVENT OF DISSOLUTION AND THAT IF
DISSOLUTION OCCURS WITHOUT SUCH APPROVAL THEN
THE CITY MAY CONTINUE TO LEVY AND COLLECT
ASSESSMENTS AND IMPOSE LIENS WITH RESPECT
ORLA_1224566.3 -14-
THERETO NOTWITHSTANDING THE DISSOLUTION OF THE
ASSOCIATION.
D. PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES
BE IN GOOD STANDING WITH THE FLORIDA SECRETARY
OF STATE.
E. PROVISION THAT AT THE TIME OF TURNOVER OF
CONTROL OF THE ASSOCIATION TO THE MEMBERS, THE
DECLARANT SHALL DELIVER TO THE NEW BOARD OF
DIRECTORS THE MAINTENANCE PLAN FOR THE SWMS
ACCOMPANIED BY AN ENGINEER'S CERTIFICATION THAT
THE SWMS IS FUNCTIONING IN ACCORDANCE WITH ALL
APPROVED PLANS AND PERMITS. TO THE EXTENT THAT
ANY SUCH ENGINEER'S REPORT INDICATES ANY
CORRECTIVE ACTION IS REQUIRED THE DECLARANT
SHALL BE REQUIRED TO DILIGENTLY UNDERTAKE SUCH
CORRECTIVE ACTION AT THE DECLARANT'S EXPENSE
AND TO POST A CASH BOND WITH THE ASSOCIATION FOR
THE ESTIMATED COSTS OF SUCH CORRECTIVE ACTION.
F. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR
ANY OTHER GOVERNMENTAL ENTITY SHALL BE SUBJECT
TO ASSESSMENTS LEVIED BY THE ASSOCIATION.
G. PROVISION THAT ANY AMENDMENT TO ANY PROVISION
AFFECTING THE CITY REQUIRES THE CONSENT OF THE
CITY IN AN INSTRUMENT RECORDED WITH THE
AMENDMENT.
THE ARTICLES OF INCORPORATION AND BYLAWS OF THE
ASSOCIATION SHALL BE CONSISTENT WITH THE FOREGOING
PROVISIONS.
42. THE FINAL SUBDIVISION PLAN FOR THE PROPERTY SHALL INCLUDE
MASTER ARCHITECTURAL, SIGNAGE, LIGHTING AND LANDSCAPE
PACKAGE PLANS, WHICH WILL BE SUBJECT TO THE REVIEW AND
APPROVAL BY THE CITY. ALL COMMERCIAL LOT USES SHALL
CONFORM TO THE MASTER ARCHITECTURAL, SIGNAGE, LIGHTING AND
LANDSCAPE PACKAGE PLANS.
43. ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE
PROVIDED PRIOR TO OR AT THE TIME OF PLATTING.
44. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO ARTICLES
OF INCORPORATION, BYLAWS, AND DECLARATION OF COVENANTS
ORLA_1224566.3 -15-
AND RESTRICTIONS FOR THE ASSOCIATION, DEEDS IN FAVOR OF THE
ASSOCIATION OR THE CITY, AND EASEMENT DOCUMENTS SHALL BE
PROVIDED TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO OR AT
THE TIME OF PLATTING ALL OR A PORTION OF THE PROPERTY.
45. ALL TRACTS TO BE CONVEYED TO THE CITY WILL BE CONVEYED BY
WARRANTY DEED AT THE TIME OF PLATTING, UNLESS OTHERWISE
NOTED. NOTWITHSTANDING THE CO NVEYANCE OF ANY TRACT TO
THE CITY, UNTIL SUCH TIME AS ANY IMPROVEMENTS CONTEMPLATED
FOR SAID TRACT ARE COMMENCED, THE DEVELOPER SHALL BE
RESPONSIBLE FOR THE MAINTENANCE OF THE TRACT.
46. PURSUANT TO SECTION 4-4(G)(7) OF THE OCOEE LAND DEVELOPMENT
CODE, ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WITH THE
LEGALLY ASSIGNED NAME OF THE SUBDIVISION. ANY SUBSEQUENT
CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY
THE CITY COMMISSION.
47. THE DEVELOPER IS TO PROTECT AND PREVENT ANY DISTURBANCE,
SILTATION, OR OTHER CONSTRUCTION WITH ANY WETLAND AREAS
INSIDE THE 100-YEAR FLOOD ELEVATION. THOSE AREAS ARE TO BE
ROPED OFF DURING CONSTRUCTION AND SILT FENCES INSTALLED TO
ELIMINATE ANY POSSIBILITY OF DISTURBANCE IN THOSE AREAS
DURING CONSTRUCTION.
48. ANY EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES,
EXISTING AERIAL AND UTILITY FACILITIES) WILL BE REMOVED AND/OR
TERMINATED PRIOR TO OR DURING CONSTRUCTION OF THE
DEVELOPMENT REPLACING THOSE USES.
49. STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE
INSTALLED BY THE DEVELOPER PRIOR TO THE ISSUANCE OF A
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.
50. THE DECLARATION FOR THE ASSOCIATION SHALL INCLUDE A
PROVISION REQUIRING THAT ANY DEVELOPMENT OF THE PROPERTY
SHALL COMPLY WITH A MASTER ARCHITECTURAL, SIGNAGE, LIGHTING
AND LANDSCAPE PACKAGE PLANS ATTACHED AS PART OF THE
APPROVED FINAL SUBDIVISION PLAN FOR THE PROJECT.
51. LOT 1 SHALL BE DEVELOPED AS A SINGLE, INTEGRAL PARCEL AND BE
RETAINED UNDER COMMON OWNERSHIP. THE PROPERTY SHALL
HEREINAFTER REMAIN AS A SINGLE, INTEGRAL PARCEL, AND SHALL
NOT BE SOLD, OTHERWISE DISPOSED OF, OR ENCUMBERED IN
ORLA_1224566.3 -16-
LESSER CONSTITUENT PARCELS, UNLESS SAME ARE DEDICATED TO
THE PUBLIC, OR WITH THE WRITTEN CONSENT OF THE CITY OF
OCOEE.
52. THE OWNER AGREES THAT THE PROPERTY WILL BE DEVELOPED IN
ACCORDANCE WITH THE FOLLOWING PERMITTED USES:
COMMERCIAL, RETAIL, RESTAURANT, MEDICAL OFFICE, FINANCIAL
SERVICES, PROFESSIONAL OFFICE. ALL OTHER USES SHALL BE
PROHIBITED.
ORLA_1224566.3 -17-
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NonCE IS HEREBY GIVEN, 'pursu-
anI 10' SUbsections .4-3. and
4-4 ot the Ocoee' Land'.De_
nri~CA'Y:eGlCEifB1~' l.tt~J9: oa~
f~~ ~~.. or as sr~h~h~~fi
CITY C N 'will hold a
PUBUC al the Ocoee
.CHy CommIssion Cham-
bers,: 150 ,fIlarth' Lakeshore
Drive,.Ocoee,,:.'FJoridc,."to
consider the Ocoee Tawn
Shops Preliminary Subdivi-
sion Pion & Preliminary
Site Plan:Jocated On the
northwest, cornerot the in.
tersection 'at C'Jarke Road
and West Colonial 'Drive
(SR-50l. The proposed Use
for Ihis prooerty consists of
retail stores, banks, restau-
rants and professional of.
fices on 3.39 acres. The par-
cel identlticotlon number is
21,22-28-6328;00-670. :.
Interesled porties may ap-
pear ,at the public hearing
and be heard with respect
to the proposed actions.
The'''co'm'Pletecase file, in-
cluding 0 complete legal de-
scription by metes and
bounds, may be Jnspected'
01 Ihe Ocoee Developmenl
Services. Deporlment/Plan.
eh1ges~h~~sig~iv1~o D~g~~~
Florida. between the hours
01,8:00 a.m. and 5:00 p.m.,
Monday thrOU~h Friday. ex.
cePl Jegal hoildays... .
'The City Commission may
continue the public hearings
to other dales and times, os
It deems necessary. Any in-
. terested party shall be ad-
vised that. the doles. times.
and Ploces ot any continua_
tion .of these" or continued
pUblic hearings shall be on.
nounced during the hear-
ings. and .that no turther no-
tices regardlng.these mat.
ters wi/Lbe published. 'You
ore advised that any person
who desires to appeal aoy
decision made. during the
pUblic .heorlngs will need 0
record of the proceedings
and. tor this purpose may
need to ensure thaI 0 verba-
tim record of. the proceed_
ings is mOde which inclUdes
the testimony and evidence
uPon which Ihe appeai is
~~:~d,;:'ili~~~~~I'~~a~~~.bl~ I
""..t,...,"'....... ._ __.. .
~
Copy of Public Hearing Advertisement
Date Published
Ov- \ Ctv00 S'en+1V\e.\
Nov'en\be:v l q I i-co9
Di 0
Advertisement
010 Orlando SentiI
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f/ :'1"' 1'_ ';11~ ."v,. .'. ~ .
. CPA.
NOTICE IS HEREBY'GIVEN,pur.
suanl to Subsection 1.8 and
5-9 of the Dcoee Land, De-
velopment Code and Florida
Statutes 166.041. .that on
TUESDAY, OECEMBER 1. 2009 AT'
J~5 P.M. or os soon therootter
os pracllcal, the OCOEE CITY
COMMISSION will hold a PUB.
L1C HEARING ot the-City ot
Ocoee Commission Cham-
bers located at 150 North
~~~1i~hoO.r.10 DiJ~;1 d~~oi~e
Ocoee Town Shops Small
. Scale Comprehensive Plan
Amendment. localed on the
no'rthwest corner of. Clarke
'Rood and West Colonial
Drive (SR-50l. The small.
scale .comprehensive plan
amendment consisls of clos.
sifying approximatelY 3.39
acres of the subject proper-
ly from ProfessIOnal Office
& Services to Commercial.
The parcel'identitication
number Is 21-22-2B-6328-00-
070.
AN 0
OC
OC
A
B
Interested parties may ap
pear<at the 'public hearinc
ond be heard with resPOc1
to'the proposed (small.
scole) Comprehensive Plan
i'mendment.
JI~~i~~~P~~~pT~t~e I~~i ~~:
scription bY metes- and
bounds. may be inspected
at the Ocaee Development
S~rvlce! p~parlmenI/Plan-
nlng DIVIsion. 150 North
Lokeshore, Drive, Dcoee.
Florida, between the hours
of 8:00 o.m. and 5:00 p.m..
Mondoy Ihrough Friday, ex-
.cepj legal. holidoys. The
Occee City Commission
may. continue.the public
h.eanng to .other. dates and
Jlmes, as It deems neees-
~~6~i ~Ya~~f::Jt~~a~ar~~
dotes, times. and ploces of
any continuation of these or
continued .public hearings
,. ~~~lIh~gi?nn~~U~~adl~~{i~~
further -notices regarding
these matters will be pub-
I~ned.. ':.~~~):\..-:"'"
Anv person wis.hing to ap.
rn~lt~~ype~W~i~~a':'i~~; ~fJi
need. a record of the pro-
ceedings and tor this pur-
pose may need to ensure
thot 0 verbatim record of
th~ prpceedings is made
which Includes the testimo-
ny and evjdence upon which
~~~s o~!t~a~i~~~ftt~~. te~d:
JOg assistance to participate
In any of the proceedings
should contact the Cily
Clerk's Office 48 hours in
?20~~n~o"s_~{oJhe meeHng of
Belh Elkenbecry, City Cler~
Thursday, Nov 19. 2009
COR1033403 llMI2009
Copy of Public Hearing Advertisement
Date Published
o y- \(thcto
S2- \;1 +f V\.e \
Nove \f)\ ~~
\q I 1...()Cr'
t> \0
Advertisement
_05
NOTICE IS HEREBY GIVEN, pur.
suant to Subsections 4-5 and
S-9 of Ihe Dcoee Land Oe-
velopmenl Code. that on
TUESDAY, DECEMBER " 2009 at
7;15 P.M. or as soon theroofler
os practical.. the OCOEE CITY
COMMISSION will hold 0 PUB-
LIC HEARING at the City of
Ocoee Commission Cham-
be,s. 150 North Lokeshore
Drive, Dc Dee, Florida, to
consider t~e Land Use Plan
and rezoning of the proper-
ty iocated on the nQrthwesf
corner of Clarke Road and
West Colonial Orlve ISR-50)
to Plonned Unit Develop-
ment for c parcel consisting
of approximalely 3.39 acres,
The parcel idenlltlcation
number is 21-22-26-6326-00.
070. .
A-
Interested parlies may op.
pear at the public hearing
and be 'heard wllh respecl
to the proposed actions.
The complete case file may
be inspecled at the ocoee'I'
Planning Oeparlment local-
ed ot 150 Nprlh Lakeshore ,I
Orive, Ocoee, Florida. be-
Iween the hours..of 6;00 a.m',..
and 5:00 p..m.. Monday
through' Friday. except Ie-
ga.l holidays. The Cily Com- .
mission may continue the 1
public hearings 10 other"
dates and times. os it
deems necessary.' Any in-
t~rested POrly shall be ad-
vIsed ot Ihe dates. times,
and places. of any continua-
lion ot these or continued
public hearings. Any contin-
uances shall be announced
during these hearings and
no further notices regarding
thesl> molters will be pUb-
lished. You ore odvised Ihat
any person who desires to
appeal any decision made
at the public hearings will
need a record of Ihe pro.
ceedings and for this pur-
pose moy need to ensure
,thol 0 verbatim record ot
the proceedings is made
which includes the testimo-
ny and evidence upon which
the apPeal Is based. "
Pers~ns with disabilities.'
needing assistance to par.
ticlpate in any of these pro-I
ceedlngs should contact lne
Ply Clerk's Office 48 hours
In advance of the meeting I
I at 407.905-3105. '
Beth Eikenberry. City Clerk
OLS1034575 llMI2009
, I