HomeMy WebLinkAboutItem #07 Brighthouse Ocoee Annexation and Rezoning be ce nter of Goon] Lipt„
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AGENDA ITEM STAFF REPORT
Meeting Date: June 19, 2012
Item # —]
n Reviewed By:
Contact Name: J. Antonio Fabre, AIC ' Department Director: is
Contact Number: 407 - 905 - 3100/1019 City Manager:
Subject: Bright House Ocoee
Annexation and Initial Zoning (PUD / Land Use Plan)
Project No(s): AX- 06 -11 -28 & RZ- 11 -06 -17
Commission District # 3 — Rusty Johnson
Background / Summary:
General Location: The subject property is located on the east side of Maguire Road and approximately 1,100
feet north of Colonial Drive (SR 50).
Parcel Identification Number(s): 19- 22 -28- 0000 -00 -031
Physical Address: 844 Maguire Road
Property Size: 1.95 + / -Acres
Actual land use, proposed land use and unique features of the subject property: The subject parcel has a tech -
center, offices, storage facilities and an unmanned equipment building all for Bright House Networks. A small -
scale addition to the unmanned equipment building with four (4) additional parking spaces is also proposed for
future construction.
The future land use & requested initial zoning classification of the subject property:
CURRENT PROPOSED
Jurisdiction /Future Land Orange County / Heavy Industrial City of Ocoee / Heavy Industrial
Use -Joint Planning Area
Land Use Classification
Jurisdiction /Zoning Orange County / IND -2 /IND -3 City of Ocoee / PUD (Planned Unit
Classification Development)
The current future land use and zoning classifications of the surrounding properties:
DIRECTION: CURRENT FUTURE LAND USE CURRENT ZONING
North City of Ocoee / Heavy Industrial City of Ocoee / PUD
East City of Ocoee / Commercial City of Ocoee / C -2
South City of Ocoee / Commercial City of Ocoee / C -3
West City of Ocoee / Heavy Industrial City of Ocoee / 1 -2 & C -3
& Commercial
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non - circuitous territory so long as it does not create an
enclave. The subject property is considered an existing enclave and therefore eligible for annexation.
Joint Planning Area Agreement: The subject property is located within the Ocoee - Orange County Joint Planning
Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. The Applicant is also
requesting an initial zoning to PUD (Planned Unit Development) for the subject property.
Orange County has been notified of this petition in accordance with Florida Statutes Section 171.044(6) and
Subsection 13 -A of the City of Ocoee - Orange County Joint Planning Area Agreement.
Rezoning: The Applicant has requested a PUD zoning in order to accommodate for the existing Bright House
development and its reduced setbacks requirements due to right -of -way conveyance. Moreover, the PUD zoning
designation is consistent with the adopted future land use designation of Heavy Industrial, as shown on the City
of Ocoee & Orange County Joint Planning Area future land use map.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in
part, "The City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of the existing City limits, when services can be properly provided, and when proposed uses are
compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...."
[Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The
City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and
the JPA Agreement..."
Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is an existing
enclave in the City, it already benefits from City Police and Fire Rescue services via a joint "First Responder"
Agreement with Orange County.
Summary: The Applicant has voluntarily requested annexation into the City limits. The proposed annexation is a
logical extension of the City limits, urban services can be provided, and the annexation meets state and local
regulations. The land use and initial zoning are also consistent and compatible with surrounding properties.
Issue:
Should the Honorable Mayor and City Commissioners approve the Annexation and the Initial Zoning (PUD) for
the Bright House Ocoee Property?
Development Review Committee Recommendation:
On June 6, 2012, the DRC met to determine if the proposed annexation and initial zoning was consistent with the
City's regulations and policies. When the discussion was finished, the DRC voted unanimously to recommend
approval of the annexation and initial zoning for the Bright House Ocoee property.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the Bright House Ocoee Annexation and PUD Rezoning on June
12, 2012. City Staff presented a brief overview of the Annexation and PUD Rezoning. Staff answered several
questions regarding the proposed Annexation and PUD Rezoning including: stormwater pond, permitting, future
roadway improvements, conveyed right -of -way and setbacks requirements. There was no one from the public to
speak regarding this proposal. After finishing its deliberations, the Planning & Zoning Commission voted
unanimously to recommend approval of the Bright House Ocoee property.
Staff Recommendation:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation of the +/ -1.95 acres parcel of land known as the Bright
House Ocoee property with an Initial Zoning classification of a "PUD" based on the Land Use Plan, as date
stamped received by the City on May 22, 2012.
Attachments:
Annexation Feasibility Analysis;
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Annexation Ordinance;
Rezoning Ordinance;
Development Agreement;
PUD Land Use Plan date - stamped May 22, 2012.
Financial Impact:
None.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER(S): AX- 08 -11 -30 & RZ- 11 -08 -19
APPLICANT NAME: BRIGHT HOUSE NETWORKS
PROJECT NAME: BRIGHT HOUSE OCOEE ANNEXATION & REZONING
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below.
1 1 PLANNING DEPARTMENT J. Antonio Fabre, AICP
A. Property Owner(s)
1. Owners: Twean Subsidiary LLC
B. Property Location
1. General Location: The subject property is located on the east side of
Maguire Road and approximately 1,100 feet north of
Colonial Drive (SR 50).
2. Parcel Identification Number: 19- 22 -28- 0000 -00 -031
3. Street Address: 844 Maguire Road
4. Size of Parcel: 1.95 Acres
C. Use Characteristics
1. Existing Use: Bright House Networks offices /tech- center &
equipment complex
2. Proposed Use: Same as above.
3. Density / Intensity: FAR 3.0
4. Projected Population: No Change
D. Zoning and Land Use
1. Orange County Future Land Use: JPA "Heavy Industrial"
2. Orange County Zoning: IND -2 /IND -3
3. Existing Ocoee Future Land Use: "Heavy Industrial"
4. Proposed Ocoee Zoning: "PUD" (Planned Unit Development)
E. Consistency
1. Joint Planning Area: Yes.
2. Comprehensive Plan: Yes.
1 IL FIRE DEPARTMENT Chief Pete McNeil
1. Estimated Response Time: 5 minutes
2. Distance to Property: .6 of a mile
3. Fire Flow Requirements: Minimum of 1,000 gpm
Page 1 of 3
Project Name: Martinez Annexation & Rezoning
Case #: AX- 08 -11 -30 & RZ- 11 -08 -19
it POLICE DEPARTMENT Chief Charles Brown
1. Police Patrol Zone / Grid / Area: Zone 3 / Grid 0028 / Towne Square North
2. Estimated Response Time: 2 minutes
3. Distance to Property: (Less than) 1 mile
4. Average Travel Time: 2 minutes
IV. ECONOMIC VALUE J. Antonio Fabre, AICP
1. Property Appraiser Assessed Value: Orange County Property Appraiser2012 / $617,268
2. Property Appraiser Market Value: Orange County Property Appraiser 2012 / $617,268
3. Estimated City Ad Valorem Taxes: +/- $3,608.
4. Anticipated Licenses & Permits: Unknown at this time.
5. Potential Impact Fees: Assessed when Building Permits are pulled.
6. Total Project Revenues: Unknown at this time.
V. BUILDING DEPARTMENT J. Antonio Fabre, AICP
1. Within the 100 -year Flood Plain: Yes (Partial).
VI. UTILITIES David Wheeler, P.E.
A. Potable Water
1. In Ocoee Service Area: Yes.
2. City Capable of Serving Area: Yes.
3. Extension Needed: No.
4. Location and Size of 12" water main on Maguire Road.
Nearest Water Main:
B. Sanitary Sewer
1. In Ocoee Service Area: Yes.
2. City Capable of Serving Area: Yes.
3. Extension Needed: No.
4. Location and Size of 12" force main on Maguire Road.
Nearest Force Main:
5. Annexation Agreement Needed: N /A.
C. Other
1. Utility Easement Needed: No.
2. Private Lift Station Needed: No.
3. Well Protection Area Needed: No.
Page 2 of 3
Project Name: Martinez Annexation & Rezoning
Case #: AX- 08 -11 -30 & RZ- 11 -08 -19
VU, TRANSPORTATION J. Antonio Fabre, AICP
1. Paved Access: Yes.
2. ROW Dedication: Yes.
3. Traffic Study: No.
4. Traffic Analysis Zone: 591/618
VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP
A. Transportation: At this time, adequate transportation capacity exists; however, this condition
may change and will be subject to a concurrency evaluation during the site
plan approval process.
B. Parks / Recreation: At this time, adequate park capacity exists.
C. Water / Sewer: At this time, adequate water and sewer capacity exists.
D. Stormwater: The applicant will be required to handle the stormwater on -site, according to
the City Code and the regulations of the St. John's River Water Management
District.
E. Solid Waste: At this time, adequate solid waste capacity exists.
F. Impact Fees: Actual impact fees, if any, will be calculated during issuance of a Building
Permit.
G. Public School N /A.
IX. SITE SPECIFIC ISSUES J. Antonio Fabre, AICP
The subject parcel has a tech - center, offices, storage facilities and an unmanned equipment
building all for Bright House Networks. A small -scale addition to the unmanned equipment
building with four (4) additional parking spaces is also proposed for future construction.
X. CONSISTENCY WITH STATE REGULATIONS: J. Antonio Fabre, AICP
Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous,
compact, non - circuitous territory so long as it does not create an enclave. The subject property
is considered an existing enclave and therefore eligible for annexation.
Page 3 of 3
Brighthouse Ocoee
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ORDINANCE NO. 2012-007
(Annexation Ordinance for Bright House Ocoee)
TAX PARCEL ID: 19- 22 -28- 0000 -00 -031
CASE NO. AX- 06 -11 -28
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 1.95 ACRES LOCATED AT 844 MAGUIRE ROAD,
OCOEE, FLORIDA 34761 PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SAID
ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to
annex approximately 1.95 acres of property, as more particularly described in Exhibit "A"
hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5 -9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code "); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement, which agreement has from time to time been amended by
Orange County and the City of Ocoee (the "JPA Agreement ") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
consistent with the JPA Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
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WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee,
Florida, bears the signatures of all owners of the real property proposed to be annexed into the
corporate limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described which clearly shows the annexed
area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof.
Section 5. ANNEXATION TO CENTERLINE OF ROAD. The land annexed
pursuant to this Ordinance shall extend to the centerline of any public road right -of -way located
adjacent to the real property described on Exhibit " A" attached hereto, provided, however, that
the annexation of any such right -of -way shall not serve to transfer any construction, operation or
maintenance responsibilities with respect thereto, except to the extent such responsibilities are
expressly transferred to and accepted by the City pursuant to an interlocal agreement in
accordance with Section 335.0415, Florida Statutes.
Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan
and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth
in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code.
Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of
Ocoee, Florida, are hereby redefined to include said land herein described and annexed.
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V
Section 8. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 9. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of
taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the
same privileges and benefits as other areas of the City of Ocoee, Florida.
Section 10. 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 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 12. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption. Thereafter, the City Clerk is hereby directed to file a
certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative
Officer of Orange County, Florida and with the Florida Department of State within seven (7)
days from the effective date.
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PASSED AND ADOPTED this day of , 20 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 20
READ SECOND TIME AND ADOPTED
FOR USE AND RELIANCE ONLY BY , UNDER
THE CITY OF OCOEE, FLORIDA AGENDA ITEM NO.
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 20
SHUFFIELD, LOWMAN AND WILSON,
P.A.
By:
City Attorney
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EXHIBIT "A"
THE PROPERTY
LEGAL DESCRIPTION FOR BRIGHT HOUSE NETWORKS PARCEL
LESS RIGHTS OF WAY, BUT INCLUDES AREA OF CANAL
A portion of the SE 1/4 of Section 19, Township 22 South, Range 28 East, Orange County,
Florida being more particularly described as follows :
Commence at the Southeast corner of Section 19, Township 22 South, Range 28 East , Orange
County, Florida; thence N 00 °28'49" W a distance of 1185.41 feet along the East line of said
Section 19 to the Point of Beginning, said point being on the North line of lands described in
Official Records Book 6107, Pages 4359 through 4362, Public Records of Orange County,
Florida; thence N 74 °33' 18" W a distance of 15.44 feet along the North line of said lands to a
point on the proposed Easterly right of way line of Maguire Road, said point being on a non
tangent curve, concave Southwesterly and having a radius of 591.00 feet; thence Northwesterly
a distance of 420.70 feet along the arc of said curve and along said proposed Easterly right of
way line to the point of tangency of said curve (chord bearing and distance between said points
being N 46 °52'52" W 411.88 feet ); thence N 67 °16'27" W a distance of 120.55 feet along
said proposed Easterly right of way line to a point on the South line of lands described in
Official Records Book 5374, Pages 4465 through 4466, Public Records of Orange County,
Florida; thence along the South line of said lands the following two (2) courses and distances :
N 75°14'01" E a distance of 317.28 feet; thence N 50°01'31" E a distance of 93.24 feet to a
point on the Southwesterly line of Parcel P -8A as described in Official Records Book 4341,
Pages 3979 through 3988, Public Records of Orange County, Florida; thence S 36 °10'29" E a
distance of 76.27 feet along the Southwesterly line of said Parcel P -8A to a point on the East
line of said Section 19; thence S 00 °28'49" E a distance of 411.43 feet along said East line to
the Point of Beginning.
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EXHIBIT "B"
Brighthouse Ocoee
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ORDINANCE NO. 2012-008
(PUD Zoning Ordinance for Bright House Ocoee PUD)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT
DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY
COMPRISING APPROXIMATELY 1.95 ACRES LOCATED AT
844 MAGUIRE ROAD, OCOEE, FLORIDA 34761, PURSUANT
TO THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH
THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY
CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING 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 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, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement which has been amended from time to time (the "JPA
Agreement ");
WHEREAS, the JPA Agreement affects the future land use of the real property
hereinafter described;
WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement,
the City has the authority to establish zoning for the real property hereinafter described and to
immediately exercise municipal jurisdiction over said real property for the purposes of Part II of
Chapter 163, Florida Statutes;
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 the JPA
Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and
the JPA Agreement 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 and the JPA Agreement;
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 1.95 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee "PUD,"
Planned Unit Development 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.
SECTION 4. Land Use Plan. 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 the Brighthouse Ocoee PUD prepared by
Droor & Associates, Inc., date stamped received by the City on May 22,
2012, 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.
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The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zoning Map. The City Clerk is hereby authorized
and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
said revised Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article
V of Chapter 180 of the Ocoee City Code.
SECTION 6. Ocoee Comprehensive Plan and JPA Consistency. The
Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee
Comprehensive Plan and the JPA Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
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.
-3-
PASSED AND ADOPTED this day of , 20 .
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 20
READ FIRST TIME , 20
READ SECOND TIME AND ADOPTED
, 20
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 20 .
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
-4-
EXHIBIT "A"
THE PROPERTY
LEGAL DESCRIPTION FOR BRIGHT HOUSE NETWORKS PARCEL
LESS RIGHTS OF WAY, BUT INCLUDES AREA OF CANAL
A portion of the SE 1/4 of Section 19, Township 22 South, Range 28 East, Orange County,
Florida being more particularly described as follows :
Commence at the Southeast corner of Section 19, Township 22 South, Range 28 East , Orange
County, Florida; thence N 00 °28'49" W a distance of 1185.41 feet along the East line of said
Section 19 to the Point of Beginning, said point being on the North line of lands described in
Official Records Book 6107, Pages 4359 through 4362, Public Records of Orange County,
Florida; thence N 74 °33'18" W a distance of 15.44 feet along the North line of said lands to a
point on the proposed Easterly right of way line of Maguire Road, said point being on a non
tangent curve, concave Southwesterly and having a radius of 591.00 feet; thence Northwesterly a
distance of 420.70 feet along the arc of said curve and along said proposed Easterly right of way
line to the point of tangency of said curve (chord bearing and distance between said points being
N 46 °52'52" W 411.88 feet ); thence N 67 °16'27" W a distance of 120.55 feet along said
proposed Easterly right of way line to a point on the South line of lands described in Official
Records Book 5374, Pages 4465 through 4466, Public Records of Orange County, Florida;
thence along the South line of said lands the following two (2) courses and distances : N
75 °14'01" E a distance of 317.28 feet; thence N 50 °01'31" E a distance of 93.24 feet to a point on
the Southwesterly line of Parcel P -8A as described in Official Records Book 4341, Pages 3979
through 3988, Public Records of Orange County, Florida; thence S 36 °1029" E a distance of
76.27 feet along the Southwesterly line of said Parcel P -8A to a point on the East line of said
Section 19; thence S 00 °28'49" E a distance of 411.43 feet along said East line to the Point of
Beginning.
-5-
EXHIBIT "B"
Brighthouse Ocoee
Location Map
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-6-
EXHIBIT "C"
[Insert Land Use Plan]
-7-
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
Shuffield, Lowman & Wilson, P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32802 -1010
(407) 581 -9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk For Recording Purposes Only
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Case No.: AX- 06 -11 -28 and RZ- 11- 06 -17: Bright House
Parcel I.D. #
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made this day of
, 2012, by and between the CITY OF OCOEE, a Florida municipal
corporation (hereinafter referred to as the "City ") and BRIGHT HOUSE NETWORKS, LLC,
formerly known as TWEAN SUBSIDIARY, LLC, a Delaware limited liability company
(hereinafter referred to as the "Owner ").
RECITALS
WHEREAS, the Owner owns fee simple title to certain property located in Orange
County, Florida, said property being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof (the "Property "); and
WHEREAS, the Owner has applied to establish a zoning of the Property as follows:
"PUD" under the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4 -5A(5) of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, the Owner and the City also desire to execute this Agreement in order to
fully comply with the provisions of the Ocoee Land Development Code.
NOW, THEREFORE, in consideration of the mutual premises hereof, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
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ORLDOCS 12456938 2
SECTION 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Initial Zoning of the Property. Prior to the execution of this
Agreement by the City, the Ocoee City Commission has adopted Ordinance No. _- for
Case No. establishing an initial zoning of the Property as follows: "PUD"
under the Ocoee Land Development Code.
SECTION 3. Development of the Property.
A. The Owner hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan for Bright House Ocoee, a Planned Unit Development, prepared by
, date stamped as received by the City on ,
(hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby
incorporated herein by reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in
accordance with and is made subject to those certain Conditions of Approval as contained on the
Land Use Plan 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.
C. Except as otherwise expressly set forth in this Agreement and the Land
Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations
of the City as set forth in the Ocoee Land Development Code, as it may from time to time be
amended, and (2) all preliminary subdivision plans, final subdivision plans, preliminary site
plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land
Development Code requirements in effect at the time of approval of any such plans. In the event
of any conflict between the provisions of the Ocoee Land Development Code, as it may from
time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement
shall control.
D. The City approves the Land Use Plan and the City agrees to provide and
issue to the Owner all plan approvals, permits, and any other consents that are required under the
Code or other applicable authority to allow the Owner to develop, improve and maintain the
Property in accordance with the Land Use Plan.
E. All capitalized terms not otherwise defined herein shall be as defined or
described on the Land Use Plan, unless otherwise indicated.
SECTION 4. Notice; Proper Form. Any notices required or allowed to be
delivered shall be in writing and be deemed to be delivered (whether or not actually received) (i)
when hand delivered to the official hereinafter designated, (ii) upon receipt of such notice when
deposited in the United States mail, postage prepaid, certified mail, return receipt requested, or
(iii) the next business day after being sent by nationally recognized overnight delivery service for
next business day delivery, all addressed to the party at the address set forth opposite the party's
4829 - 9542 - 5550.1 -2-
ORLDOCS 12456938 2
name below, or at such other address as the party shall have specified by written notice to the
other party delivered in accordance herewith.
Owner: Bright House Networks, LLC
Attn: Blake J. Mora, Senior Manager
700 Carillon Parkway — Suite 1
St. Petersburg, Florida 33716
With copy to: Donald J. Curotto, Esq.
Shutts & Bowen LLP
300 S. Orange Avenue — Suite 1000
Orlando, Florida 32801
City: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
SECTION 5. Notices of Default; Enforcement. Each of the parties hereto shall
give the other party written notice of any default hereunder and shall allow the defaulting party
thirty (30) days from the date of its receipt of such notice within which to cure any such defaults
or to commence and thereafter diligently pursue to completion good faith efforts to effect such
cure and to thereafter notify the other parties of the actual cure of any such defaults. This
Agreement is enforceable at law or in equity by the non - defaulting party, including, but not
limited to the right of specific performance.
SECTION 6. Covenant Running with the Land. This Agreement shall run with
the Property and inure to and be for the benefit of the parties hereto and their respective
successors and assigns and any person, firm, corporation, or entity who may become the
successor in interest to the Property or any portion thereof.
SECTION 7. 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 8. 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 9. Recordation. The parties hereto agree that this Agreement shall be
recorded in the Public Records of Orange County, Florida, at the expense of the Owner.
SECTION 10. 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 11. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other part of
4829 - 9542 - 5550.1 -3 -
ORLDOCS 12456938 2
this Agreement if the rights and obligations of the parties contained therein are not materially
prejudiced and if the intentions of the parties can continue to be effected.
SECTION 12. Attorneys' Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred
in connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
SECTION 13. Entire Agreement. This instrument and its exhibits constitute the
entire Agreement between the parties and supersedes all previous discussions, understandings,
and agreements between the parties relating to the subject matter of this Agreement.
Amendments to and waivers of the provisions herein shall be made by the parties in writing by
formal amendment which shall be recorded in the Public Records of Orange County, Florida at
the Owner's expense.
SECTION 14. Counterparts. This Agreement and any amendments hereto may be
executed in any number of counterparts, each of which shall be deemed an original instrument,
but all such counterparts together shall constitute one and the same instrument.
SECTION 15. 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 10 day following execution by the City, such date being the
effective date of the zoning ordinance referenced above.
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IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed the
day and year first above written.
Signed, sealed and delivered "CITY"
in the presence of:
CITY OF OCOEE, a Florida municipal
corporation
By:
Signature S. Scott Vandergrift, Mayor
Print/Type Name Attest:
Beth Eikenberry, City Clerk
Signature
Print/Type Name (SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY this
day of ,
SHUFFIELD, LOWMAN & WILSON, P.A. APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
By: ON , UNDER
City Attorney AGENDA ITEM NO. .
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, 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, a Florida municipal corporation,
and that they severally acknowledged executing the same on behalf of said municipality in the
presence of two subscribing witnesses freely and voluntarily under authority duly vested in them
by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day
of ,
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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IN WITNESS WHEREOF, the Owner has caused this Agreement to be duly executed
the day of .
Signed, sealed and delivered "OWNER"
in the presence of:
BRIGHT HOUSE NETWORKS, LLC,
formerly known as TWEAN SUBSIDIARY,
LLC, a Delaware limited liability company
By: Advance/Newhouse Partnership,
A New York General Partnership
As Manager
By:
Signature
Name:
Print/Type Name
Title:
Signature
Print/Type Name
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements, personally appeared
as of
Advance/Newhouse Partnership, a New York general partnership, the Manager of BRIGHT
HOUSE NETWORKS, LLC, formerly known as TWEAN SUBSIDIARY, LLC, a Delaware
limited liability company. He /She is [ ] is personally known to me or has [ ] produced
as identification, and that he /she acknowledged executing
the foregoing instrument on behalf of said limited liability company, in the presence of two
subscribing witnesses, freely and voluntarily under authority duly vested in him/her.
WITNESS my hand and official seal in the County and State last aforesaid this day
of ,
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
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EXHIBIT "A"
THE PROPERTY
LEGAL DESCRIPTION FOR BRIGHT HOUSE NETWORKS PARCEL
LESS RIGHTS OF WAY, BUT INCLUDES AREA OF CANAL
A portion of the SE 1/4 of Section 19, Township 22 South, Range 28 East, Orange County,
Florida being more particularly described as follows :
Commence at the Southeast corner of Section 19, Township 22 South, Range 28 East , Orange
County, Florida; thence N 00 °28'49" W a distance of 1185.41 feet along the East line of said
Section 19 to the Point of Beginning, said point being on the North line of lands described in
Official Records Book 6107, Pages 4359 through 4362, Public Records of Orange County,
Florida; thence N 74 °33'18" W a distance of 15.44 feet along the North line of said lands to a
point on the proposed Easterly right of way line of Maguire Road, said point being on a non
tangent curve, concave Southwesterly and having a radius of 591.00 feet; thence Northwesterly a
distance of 420.70 feet along the arc of said curve and along said proposed Easterly right of way
line to the point of tangency of said curve (chord bearing and distance between said points being
N 46 °52'52" W 411.88 feet ); thence N 67 °16'27" W a distance of 120.55 feet along said
proposed Easterly right of way line to a point on the South line of lands described in Official
Records Book 5374, Pages 4465 through 4466, Public Records of Orange County, Florida;
thence along the South line of said lands the following two (2) courses and distances : N
75 °14'01" E a distance of 317.28 feet; thence N 50 °01'31" E a distance of 93.24 feet to a point on
the Southwesterly line of Parcel P -8A as described in Official Records Book 4341, Pages 3979
through 3988, Public Records of Orange County, Florida; thence S 36 °10'29" E a distance of
76.27 feet along the Southwesterly line of said Parcel P -8A to a point on the East line of said
Section 19; thence S 00 °28'49" E a distance of 411.43 feet along said East line to the Point of
Beginning.
4829 - 9542 - 5550.1 -7-
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EXHIBIT "B"
CONDITIONS OF APPROVAL
1. The applicant requests the City of Ocoee to rezone 1.953 acres to PUD, Planned Unit
Development. The rezoning will be subject to a Development Agreement.
2. 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 should be construed as
such an exemption.
3. To the extent the Land Use Plan and these Conditions of Approval conflict with the City
of Ocoee Land Development Code, the provisions of the Land Use Plan and these
Conditions of Approval shall control.
4. Each fire hydrant shall be OSHA Yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
5. The Developer shall be responsible for installing reuse lines along within the project. At
such time as reuse water is available to the property, the Developer shall be responsible
for connection to the reuse system lines.
6. All on -site utilities including electrical, cable TV and telephone shall be placed
underground.
7. Any damage caused to any public roads as a result of the construction activities related to
the project or any portion thereof shall be promptly repaired to the applicable government
standards at the sole cost and expense of the owner of the portion of the project being
developed in connection with such construction activities.
8. The Developer is to protect and prevent any disturbance, siltation, or other construction
within the conservation areas inside the 100 -year flood elevation. Those areas are to be
fenced off during construction and silt fences installed to eliminate any possible
disturbance in those areas during construction.
9. An emergency access easement to the retention ponds and over all drainage easements
shown hereon shall be dedicated to the City for emergency maintenance purposes. The
emergency access easement will not impose any obligation, burden, responsibility or
liability upon the City, to enter upon any property it does not own or take any action to
repair or maintain the drainage system on the property.
10. A perpetual, non - exclusive easement for access over all internal roadways and paved
areas shall be granted in favor of the City and other applicable authorities for law
enforcement, fire, and other emergency services.
4829 - 9542 - 5550.1 -8-
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11. All legal instruments related to this project shall be subject to the City for review and
approval.
12. Existing trees 8" or larger (other than citrus trees or "trash" trees) located along proposed
locations of buffer walls or road right -of -way lines will be preserved if at all possible.
The buffer walls and roads will be designed around those trees to incorporate them into
required landscape buffers and as street trees.
13. In order to ensure that as many existing trees as possible will be preserved, all road right -
of -ways and retention areas will be flagged for review by the City and the Engineer prior
to any tree removal. No clearing permits will be issued for site work or building
construction until all trees to be preserved have been clearly marked with tree protection
barriers.
14. 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. When sidewalks are constructed on corner lots at certain
locations, the sidewalks will be extended to the curb and the appropriate ramps will then
be constructed.
15. The Developer shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any
disturbance, siltation, or other construction below the natural wetland lines. Further, the
areas below the natural wetland lines shall be fenced off (and silt fences shall be installed)
during construction activities immediately adjacent to the wetlands, in order to minimize
disturbances of the wetlands during construction.
16. Wetland and existing surface water impact for this property is regulated by St. Johns
River Water Management District ( "SJRWMD ") and the Florida Department of
Environmental Protection ( "FDEP "). General or Individual permits are required from
these agencies prior to commencement of construction.
17. There shall be no access from the project to any public roads except at the approved
locations shown on the plan.
18. 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 in the Plan.
19. Approval of the PUD Land Use Plan does not authorize commencement of development,
expansion or other modifications to the site. Any such development will require a final
Site Plan Approval pursuant to the provisions of the City of Ocoee Land Development
Code.
20. No person shall undertake land clearing or the removal of any protected tree 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
4829 - 9542 - 5550.1 -9-
ORLDOCS 12456938 2
remove a tree if the developer has failed to take reasonable measures to preserve
specimen and historic trees.
21. Stormwater management shall be consistent with the requirements of the Ocoee Land
Development Code and the St. Johns River Water Management District.
22. All new structures will be at least two (2) feet above the 100 year flood elevation of either
the on -site stormwater facility or of the adjacent waterway.
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