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HomeMy WebLinkAboutItem #06 Fountains West Planned Unit Developmentthe C of Good L1v�B Y 0 AGENDA ITEM STAFF REPORT Meeting Date: November 16, 2010 Item # `p Reviewed By: Contact Name: Bobby Howell, MPA City Planner: Contact Number: 407 - 905 -3100, Ext. 1044 City Manager: Subject: ISSUE: Should the Honorable Mayor and City Commissioners approve a Substantial Amendment to the Fountains West Planned Unit Development (PUD) which would remove 1 acre of land known as Lot 7 and rezone said property to C -2 (Community Commercial)? DISCUSSION The subject property is located on the southeast corner of the intersection of West Road and Ocoee - Apopka Road. It is 1 acre in size and is vacant. The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction Future Land Use Zoning Classification Existing Land Use North Commercial Planned Unit Fountains West development Development PUD East Low Density Residential Orange County Single- family residence Agricultural South Commercial C -2 (Community Vacant Commercial West Commercial C -2 (Community Vacant Commercial) Substantial Amendment to Fountains West PUD The Fountains West PUD was approved by the City Commission on December 19, 2006. The PUD was approved with a total of 8 lots. The PUD is the site of a commercial shopping center containing a Publix grocery store and two banks that are situated on outparcels. The remaining lots are currently undeveloped. The applicant is requesting a Substantial Amendment to remove Lot 7 from the boundaries of the PUD. The applicant intends to include the boundaries of Lot 7 in a new three lot commercial subdivision that will be developed at the southeast corner of the intersection of Ocoee - Apopka Road and West Road. Per the Land Development Code, a Substantial Amendment to a PUD is required when the Conditions of Approval to the accompanying Development Agreement are required to be modified. Several of the Conditions of Approval refer to Lot 7, thus the need for the Substantial Amendment. Fountains West PUD - Substantial Amendment Rezoning to C -2 (General Commercial) Project Numbers: RZ- 10- 09 -11, RZ- 10 -03 -01 Commission District 1 — Gary Hood Rezoning to C -2 (General Commercial) The applicant is petitioning the City to rezone Lot 7 to C -2 (General Commercial). The property will be joined with a parcel of land immediately to the south of the subject property which is in the City limits and has a current zoning designation of C -2. The former Lot 7 will be joined with the parcel of land to the south in order to develop a three lot commercial subdivision. The rezoning is consistent with the Commercial Future Land Use designation. Additionally, conflict with the surrounding properties is not anticipated as the surrounding area is generally commercial in character and the property is located at a major intersection where commercial zoning districts and developments are typically contained. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on October 20, 2010, and reviewed the applicant's request. The applicant was notified that there were outstanding review comments from city staff. No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the Substantial Amendment to the Fountains West PUD and the subsequent rezoning of the 1 acre parcel to C -2 (General Commercial) subject to the resolution of the outstanding review comments from city staff. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on October 27, 2010, to consider approval of the applicant's request. After deliberations, the Planning & Zoning Commission unanimously recommended approval of the Substantial Amendment to the Fountains West PUD and the subsequent rezoning of the 1 acre parcel to C -2 (General Commercial) subject to the resolution of the outstanding review comments from city staff. STAFF RECOMMENDATION Staff recommends that the Honorable Mayor and City Commissioners approve the Substantial Amendment to the Fountains West PUD and the subsequent rezoning of the 1 acre parcel to C -2 (General Commercial). ATTACHMENTS Location Map Future Land Use Map Zoning Map Substantial Amendment to Fountains West PUD Fountains West PUD Substantial Amendment Ordinance Rezoning Ordinance First Amendment to the Development Agreement FINANCIAL IMPACT: None 2 TYPE OF ITEM: (please mark with an 'Y) Public Hearing Ordinance First Reading X Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept 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 N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A Fountains West, Lot 7 Location Map ONES g e woad �2 [N] H ' ii • �,� r �- �•�• •111111! .•• a n,:, � �� �� �■ MITZ���i� Ems s m == •. .� /Nunn■■■■ �3, • • 1111111 sill m 1 ��0 MEN� ■ BE ORDINANCE NO. (Amendment to PUD Ordinance for Fountains West) TAX PARCEL ID #: 06- 22 -28- 2856 -07 -000 CASE NO. RZ- 10- 09 -11: FOUNTAINS WEST PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE FOUNTAINS WEST PUD ON CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO WEST ROAD AND EAST OF AND ADJACENT TO OCOEE - APOPKA ROAD AS PETITIONED BY THE PROPERTY OWNER; REVISING THE BOUNDARY OF THE FOUNTAINS WEST PUD LAND USE PLAN; REMOVING LOT 7 OF FOUNTAINS WEST FROM THE FOUNTAINS WEST PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in the Exhibit "A" attached hereto has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to approve an amendment (the "Amendment ") to the Fountains West PUD Land Use Plan, as approved by the Ocoee City Commission on (the "Land Use Plan"); WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ( "DRC ") on ; WHEREAS, the DRC recommended approval of said Amendment; WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission "); and WHEREAS, on , the Planning and Zoning Commission held an advertised public hearing on the Application and recommended approval of the Amendment; WHEREAS, on , the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Amendment and this Ordinance and determined that the Amendment and this Ordinance are consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted September 18, 1991, as amended; and ORLA_1643704.1 -1- WHEREAS, the Ocoee City Commission considered this Ordinance 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 Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan The Amended Land Use Plan prepared by Vanasse, Hangen, Brustlin, Inc. date stamped received by the City on , 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 same is hereby approved, subject to the Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached hereto as Exhibit "B" and by this reference made a part hereof. As described therein, said Amended Land Use Plan amends the previously approved Land Use Plan for the Fountains West PUD. All references to the Land Use Plan or the Amended Land Use Plan for the Fountains West PUD shall hereafter refer to the previously approved Land Use Plan for the Fountains West PUD as amended by the attached Amended Land Use Plan. SECTION 3. Conditions of Approval The property described in Exhibit "A" hereto shall no longer be subject to the Conditions of Approval set forth in the Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any conflict between the Fountains West PUD Land Use Plan referenced in Section 2 above and the Conditions of Approval, the Conditions of Approval shall control. SECTION 4. Ocoee Comprehensive Plan The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 5. Conflicting Ordinances All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 6. Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of , 2010. ORLA_1643704.1 -2- ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 2010 READ FIRST TIME .2010 READ SECOND TIME AND ADOPTED .2010 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2010. FOLEY & LARDNER LLP City Attorney UNDER AGENDA ITEM NO. ORLA_1643704.1 _ �_ EXHIBIT "A" Legal Description Lot 7, Fountains West, as recorded in Plat Book 72, Page 111 of the Public Records of Orange County, Florida. ORLA_1643704.1 -4- EXHIBIT "B" [Insert Amended Land Use Plan] ORLA_1643704.1 _j_ L :a • . 3 Ct N O � � U .a E r � O � ow � 0 7 0 3a0 Qu � � g AP, M C zG f/j V F O V1M GiM C.. d w v - AMC e cr y,c �`a4u, r3`yGwv G o c • v x' o u5 m e > � O °° �.aU =Oa 6 W� O A Q;LMiwa 0 0 o 0 0 R E m oo c a 'G O II r! d� ���a ex3a mj J r s' k'i R r r r iii .0 uiu w wLLi w �w exn CE -". L v� 6t L � m I rl J ZE F °� YY L C ,a F 3, 3 'a S 35 ! F u =_ X r [� i E ' 0 7 0 C :0 a. C � C � G d O � - p o O — T� OL � � U �, •s m° m 'D v D a z u v u 0 0 o 0 0 R E m oo c a 'G O II r! d� ���a ex3a mj J r s' k'i R r r r iii .0 uiu w wLLi w �w exn CE -". L v� 6t L � m I rl J ZE F °� YY L C ,a F 3, 3 'a S 35 ! F u =_ X r [� i � || \ \t \| \\ � | § } � � U, I � � %f2 CL }\ f \} / a |&Q !2 f 2} \ § t t \ � ` I I Z \ �\ } � \ ,. IN 1. ~ \��_ -EEE! 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(Rezoning Ordinance for Fountains West (AKA Walgreens)) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT TO OCOEE "C -2" ZONING, COMMUNITY COMMERCIAL DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO WEST ROAD AND EAST OF AND ADJACENT TO OCOEE- APOPKA 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 rezone said real property to Ocoee "C -2," Community Commercial 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 Manager has reviewed said application and determined that 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"); WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee ( "PZC "); ORLA_1643850.3 WHEREAS, on 2010 the PZC held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan; WHEREAS, on 2010 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. Rezoning The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee "PUD" Zoning, Planned Unit Development District to Ocoee "C -2" Community Commercial District: 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. ORLA_1643850.3 -2- SECTION 5. Official Zoning Map 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 is consistent with the Ocoee Comprehensive Plan. 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 This Ordinance shall become effective ten (10) days after its passage and adoption. ORLA_1643850.3 -3- PASSED and ADOPTED this day of , 2010. ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2010. FOLEY & LARDNER LLP City Attorney ADVERTISED , 2010 READ FIRST TIME , 2010 READ SECOND TIME AND PASSED , 2010 UNDER AGENDA ITEM NO. ORLA_1643850.3 __ EXHIBIT "A" The Property PARCEL A: BEGIN AT THE CENTER OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE RUN S00 °48'40 "W ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6 A DISTANCE OF 5.79 FEET TO THE BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE LEAVING SAID EAST LINE RUN ALONG SAID BOUNDARY THE FOLLOWING TWO COURSES: N88 0 29'02 "W 142.93 FEET; THENCE S28'1 7'59"W 78.88 FEET TO THE SOUTH LINE OF THAT PARCEL CONVEYED IN OFFICIAL RECORDS BOOK 10076, PAGE 6601, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN ALONG SAID SOUTH LINE THE FOLLOWING TWO COURSES: S80 °14'05 "W 52.70 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 766.19 FEET AND A CENTRAL ANGLE OF 11'37'09"; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE 155.38 FEET TO THE AFOREMENTIONED BOUNDARY OF THE PROPOSED WALGREENS PARCEL; THENCE LEAVING SAID SOUTH LINE RUN N61 "W ALONG SAID BOUNDARY 115.57 FEET TO A NORTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF OCOEE— APOPKA ROAD AS SHOWN ON ORLANDO — ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN N28'1 7'59"E 8.53 FEET TO THE EAST / WEST CENTER SECTION LINE OF SAID SECTION 6; THENCE RUN S86 0 38'32 "W ALONG SAID EAST / WEST CENTER SECTION LINE A DISTANCE OF 23.50 FEET TO A SOUTHERLY PROJECTION OF THE EASTERLY RIGHT OF WAY LINE OF SAID OCOEE — APOPKA ROAD; THENCE RUN N28° 17'59 "E ALONG SAID PROJECTION AND THE EASTERLY RIGHT OF WAY LINE OF OCOEE— APOPKA ROAD A DISTANCE OF 198.42 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST ROAD AS SHOWN ON AFORESAID ORLANDO — ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320- 6460 - 602 -603; THENCE RUN EASTERLY ALONG SAID SOUTH RIGHT OF WAY LINE OF WEST ROAD THE FOLLOWING FIVE COURSES; N66 °47'07 "E 58.56 FEET; THENCE S74 °43'06 "E 252.14 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2033.50 FEET AND A CENTRAL ANGLE OF 02 0 59'29 "; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE 106.17 FEET TO A POINT; THENCE RUN S07 0 26'06 "W 18.12 FEET; THENCE N80 0 14'05 "E 17.26 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE RUN S00 °48'40 "W ALONG SAID EAST LINE A DISTANCE OF 61.19 FEET TO THE POINT OF BEGINNING. ORLA_1643850.3 -5- EXHIBIT "B" ORLA_1643850.3 -(- PREPARED BY: Dorothy E. Watson, Esq. FOLEY & LARDNER LLP 1 I 1 North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802 -2193 (407) 423 -7656 RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 (407) 656 -2322 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (FOUNTAINS WEST PUD) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ( "this Amendment ") is made and entered into as of the day of , 2010 (the "Effective Date ") by and between OCOE LLC, a Florida limited liability company, whose mailing address is 1100 5 Avenue South, Suite 210, Naples, Florida 34102 -6407 (hereinafter referred to as the "Developer ") 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 "). WITNESSETH: WHEREAS, SHW, LLC and Living Waters Church Ocoee, Inc. (the "Original Developers ") have heretofore entered into that certain Development Agreement between the Original Developers and the City dated December 22, 2006 as recorded in Official Records Book 9054, Page 792 of the Public Records of Orange County, Florida (collectively, the "Development Agreement "). WHEREAS, the Developer owns fee simple title to certain land located in the City of Ocoee, Orange County Florida, said land being more particularly described as Lot 7 of Fountains West according to the Plat thereof, as recorded in Plat Book 72, Page 111 of the Public Records of Orange County, Florida together with the vacated portion of West Road adjacent thereto ( "Lot 7 "); and WHEREAS, Lot 7 is a part of the lands subject to the Fountains West PUD and the Development Agreement; and WHEREAS, the Developer desires to modify certain provisions of the Development Agreement only in order to remove Lot 7 from the Fountains West PUD; and ORLA_1550048.2 WHEREAS, of even date herewith, the City has adopted Ordinance No. amending the Fountains West PUD Land Use Plan in order to remove Lot 7 from the PUD, subject to the revision of certain Additional Conditions of Approval relating to Lot 7 as described herein; and WHEREAS, this Amendment is intended to conform the Development Agreement to the Amended Land Use Plan for Fountains West PUD. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Capitalized Terms. All capitalized terms used herein shall be as defined in the Development Agreement, unless otherwise indicated or defined in this Amendment. Section 3. Section 3. Removal of Lot 7 from the Property The definition of the Property shall be revised to exclude Lot 7. Section 4. Section 4. Revision of Conditions of Approval. Exhibit "E" to the Development Agreement is hereby amended as follows: a. Condition of Approval #52 is hereby amended to read as follows: Wetland mitigation for Lot 3 and that property formerly known as Lot 7 has been provided via the dedication of Tract G as a public trail and the construction of a water feature in Tract F. This mitigation satisfies only those wetland mitigation requirements of the City of Ocoee and does not reflect satisfaction of any wetland mitigation requirements of the St. Johns River Water Management District or other agency, as may be required. b. Condition of Approval #56 is hereby amended to read as follows: "Lot 8 is not part of the master stormwater management system for Lots 1 to 6, inclusive. Lot 8 will be required to obtain approval of a preliminary and final site plan which will address stormwater management for Lot 8 in accordance with the requirements of the City and other governmental authorities having jurisdiction." C. Condition of Approval #59 is hereby deleted. Section 5. Recordation of Amendment The parties hereto agree that an executed original of this Amendment shall be recorded by the City, at the Developer's expense, in the Public Records of Orange County, Florida. 2 ORLA_1550048.2 Section 6. Effect on Development Agreement Except as amended hereby, the Development Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Development Agreement. All references herein to the Development Agreement shall refer to the Development Agreement as amended by this Amendment unless the text or context indicates otherwise. In the event of any conflict between the Development Agreement and this Amendment it is agreed that this Amendment shall control. Section 7. Counterparts This Amendment 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 8. Effective Date This Agreement shall first 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ORLA_1550048.2 IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name Print Na STATE OF COUNTY OF DEVELOPER: OCOE LLC, a Florida limited liability company By: Halvorsen Holdings, Inc., a Florida corporation, its managing member Jeffrey T. Halvorsen, its President (SEAL) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Jeffrey T. Halvorsen, as the President of Halvorson Holdings, Inc, a Florida corporation, the managing member of OCOE LLC, a Florida limited liability company who [] is personally known to me or " produced as identification, and that he acknowledged executing the same on behalf of said corporation and limited liability company in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2010. 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): 4 ORLA_1550048.2 CITY Signed, sealed and delivered in the presence of: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor Print Name Print N FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of , 2010. FOLEY & LARDNER LLP City Attorney STATE OF FLORIDA COUNTY OF ORANGE Attest: Beth Eikenberry, City Clerk (SEAL) 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 , 2010. 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 5 ORLA_1550048.2 Copy of Advertisement (that ran in the print media) Date Published and Media Name () r I am & S ct-i+i n e I _7_h UrS aa� - kkl re►rnber Advertisement or Article CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR FOUNTAINS WEST (AKA WALGREENSI REZONING CASE NUMBER: RZ -10 -03.01 N IS1HEREBY GIVEN, E uOf `he C ty Ocoee Land Development Code that on TUESDAY, NOVEMBER 15, 2010 AT 7.5 P.M. or as soon thereafter as practical the - OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commis- sion Chambers, 150 North Lakeshore Drive, O Florida, to consider the West i PUD (AKA Walgreens West Ro l ocated on the southeast corner of Wesi Road and Ocoee- A POP k Road. The parcel identification number is 06- 22-28- 2 -000. The Property is pro - Development (PUDmto Commercial (C -2). DA CHANGING THE THE CITY CLASSIFICATION FROM OCOEE "PUO" ZONING PLANNED UNIT DEVELOPMENT DISTRICT TO bCOEE "C -2° ZON- ING COMMUNITY COMMERCIAL DISTRICT FOR CERYAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO WEST ROAD AND EAST OF AND ADJACENT TO OCOEE-APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCDEE CITY CODE AS OF THE ADOPTION DATE OF THIS OR- DINANCE• PROVIDING FOR AND AUTHORIZING MAP� INCONSISTENT OR I FECTWE DA E. ADOPTION DATE AND AN EF- The complete case file, including a and bounds 9 may e be ri inspected at Ocoee Development. Services Depart - NornthPLakeshi ore Drive ( O coee, Florio do between m., Monday throu O through Friday, day, and cept legal holidays. The Ocoee City Commission may con- tinue the public hearings to other •I dates and times, as it deems neces- sary. Any interested party shall be ad- vised of the dates, times, and places of ant continuation of these or continued public hearings shall be announced during the hearing and no further no- tices regarding these matters will be published. You are advised that any Man on made at the public hearings awill need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceed - Ings is made which Includes the testi- mony and evidence upon which the aP- Amerlcons based In Act, sons needing a special accommodation or an interpreter to participate In this proceedingg, should contact the City thermeettiinfgcat4(407) 905`3105 vance of Beth Eikenberry, City Clerk Publish Date: November 4, 2010 COR1097491 10/04I2010 w -tok Copy of Advertisement (that ran in the print media) Date Published and Media Name D Advertisement or Article 41 aG(cD cur ur 'curt sue STANTIAL AMENOMENT PUD LAND USE PLAN FOR FOUNTAINS WEST PGD CASE NUMBER: RZ -f0 -09-11 NOTICE IS HEREBY GIVEN, pursuant to 4 -5. D. of the City of Ocoee Land Devel ment Code, t on SDAY, NOVBER 16 2D10 st 7:15 p.m. hat TUE or as soon Thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Comm(ssion Chambers, 150 North Lakeshore Drive, Ocoee, Flori- do, to consider the Substantial Amend- ment 10 The PUD /Land Use Plan for Fountains West PUD. The PUD is lo- cated oa the northeast corner of Ocoee- Apopka Road and West Road. The requested land use change will re- - move Lot 7 from the PUD. This re- quested Land Use Amendment affects only Lot 7 of the Fountains West PUD subdivision. CASE N0. RZ- 10- D9-11: FOUNTAINS WEST PUD AN ""NANCE OF THE CITY IF OCOEE FLORI- DA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE FOUNTAINS CATED P S SOUTH OF AND ADJACENT WES ROAD AND EAST OF AND ADJACENT TO OCOEE- APOPKA ROAD AS PETITIONED BY THE PROPERTY OUNTAI WEST G PUD LAND REMOVING LOT 7 OF FOUNTAINS WEST NCONSISTENT ORDINANCES PRdVI FOR SEVERABIUTY, PROVIDING AN EFFECTIVE DATE. Interested parties may appear at the Public hearings and be heard with re- spect to the proposed actions above. The complete case file, including a complete legal description by metes and bounds, may be Inspected at the Ocoee Development Services Depart- ment /Planning Division located at 150 North Lakeshore Drive, Ocoee, Flori- da between the hours of 8:00 a.m. and 5:D0 P.m., Monday through Friday, ex- cept legal holidays. The City Commission may continue the public hearings to other dates and times, as It deems necessary. Any in- terested party shall be advised of the dates, Times, and places of any contin- uation of these or continued public hearings shall be announced during the hearings. No further notices re- gardin9 these matters will be pub- lished. You are advised That any per- son who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made Which Includes the testimony based. evidence upon disabilitiespneed ing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of he meeting at 407- 905 -3105. Beth Eikenberry, City Clerk Publish Date: November 4, 2010 COR1097215 11/04/2010