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HomeMy WebLinkAbout08-13-2013 Agenda PacketMayor Commissioners S. Scott Vandergrift John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Robert Frank Rusty Johnson, District 3 Joel F. Keller, District 4 ocoee florida PLANNING AND ZONING COMMISSION LOCAL PLANNING AGENCY) August 13, 2013 AGENDA 7:00 PM I. CALL TO ORDER A. Invocation and Pledge of Allegiance B. Roll Call and Determination of Quorum II.CONSENT AGENDA A. Minutes of the Planning and Zoning Commission Meeting held March 12, 2013 III. OLD BUSINESS IV. NEW BUSINESS A. Westyn Bay Subdivision Public Hearing City Planner Rumer 1. Amendment to Preliminary /Final Subdivision Plan 2. Amendment to Development Agreement B. Arbours at Crown Point PUD Public Hearing City Planner Rumer 1. PUD Rezoning C. Garcia — 424 3rd Street Public Hearing City Planner Rumer 1. Annexation & Rezoning D. Eva Medina — 538 1 Street Public Hearing City Planner Rumer 1. Annexation & Rezoning E. West 50 Commercial Subdivision Public Hearing City Planner Rumer 1. Amendment to Preliminary /Final Subdivision Plan (Cancelled per Staff Recommendation) V. MISCELLANEOUS A. Project Status Report B. August Calendar VI. ADJOURNMENT NOTE: Regular Planning and Zoning Commission meetings take place on the second Tuesday of every month at 7:00 pm in the Ocoee Commission Chambers in City Hall unless otherwise advertised. Any person who desires to appeal any decision at this meeting 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 testimony and evidence upon which the appeal is based. More than one Commissioner may participate or hear discussions regarding a matter which will come before the Commission for action. Also in accordance with Florida Statue 286.26: Persons with disabilities needing assistance to participate in any of these proceedings should contact the Office of the City Clerk, 150 North Lakeshore Drive, Ocoee, FL 34761 (407) 905 -3105, 48 hours in advance of the meeting. City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org ITEM NUMBER II. A. MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MARCH 12, 2013 MINUTES OF THE PLANNING AND ZONING COMMISSION ACTING AS THE LOCAL PLANNING AGENCY MEETING HELD TUESDAY, MARCH 12, 2013 CALL TO ORDER Chairman Campbell called the meeting to order at 7:00 p.m. Following a moment of silent meditation and the Pledge of Allegiance to the Flag, a quorum was declared present. PRESENT: Chairman Campbell, Vice - Chairman McKey, Members de la Portilla, Dunn, Marcotte, Sills, and West. Also present were City Planner Rumer, City Attorney Cookson and Recording Clerk Turner. ABSENT: Members Dillard and Keethler were absent excused. CONSENT AGENDA Minutes of the Planning and Zoning Commission Meeting held on Tuesday, February 12, 2013. Member Sills, seconded by Member Dunn, moved to accept the minutes of the February 12, 2013, Planning and Zoning Commission meeting. Motion carried unanimously. OLD BUSINESS - none NEW BUSINESS Park Place PUD Rezoning & Land Use Plan City Planner Rumer gave a brief overview of the proposed project. The subject property, also known as Lake Butler Professional Campus, is located on the south side of the Florida Turnpike and on the east side of Maguire Road, at the intersection of Tomyn Boulevard and Maguire Road. City Planner Rumer explained that the subject property is zoned General Commercial (C- 3), and has an approved site plan and development agreement for the Lake Butler Professional Campus. The rezoning calls for two mitigation issues: (1) $300,000 to the City of Ocoee toward a right -turn lane from northbound Maguire on to eastbound Old Winter Garden Road; and, (2) $20,000 payment for spruced up landscaping on the medians of Maguire Road. Originally approved in 2008, Lot 1 was to consist of a mix of professional and medical offices, and Lot 2 was to consist of a mix of retail and restaurant uses. The new proposal will include 242 multi - family units on 11.34 acres and 2.60 acres of commercial and retail. Planning and Zoning Commission Meeting March 12, 2013 City Planner Rumer continued by saying that the applicant is not seeking to renegotiate the development agreement. The development agreement was amended to include a 400,000 payment to the City for the construction of a northbound right -turn lane on Maguire, or for the developer to construct the right -turn lane. He continued by saying that adjacent to the property is the Villages of Wesmere, the master stormwater pond for the Villages of Wesmere, a vacant C -3 parcel, and the Florida Turnpike. He informed the board that this project came before the Commission on August 14, 2012. He continued by saying the Planning and Zoning Commission did recommend approval; however, it was voted down, 3 -1 (Mayor was absent), at the City Commission level. City Planner Rumer continued his presentation by saying that the proposed apartments and commercial outparcels will be architecturally cohesive with the surrounding development, and that access to the property is proposed via a northbound right turn on Maguire Road, and an additional access from Tomyn Boulevard. The first waiver previously granted that is to remain in place is to Section 6.14 C(2)(b)(i) of the Land Development Code (LDC). The LDC requires a 25 -foot wide landscape buffer along Maguire Road. The applicant is requesting a waiver to this requirement to allow a reduction of the buffer from 25 -feet to 15 -feet for the portion of the property that has frontage along Maguire Road. The second waiver previously granted that is to remain in place is to Section 6.14 C(2) b)(i) of the LDC. This section of the LDC requires a 25 -foot wide landscape buffer along Tomyn Boulevard. The `applicant is requesting a waiver to this requirement to allow a reduction of this buffer from 25 -feet to 15 -feet for approximately 192 -feet along the portion of the property that has frontage along Tomyn Boulevard. The applicant has requested two additional waivers from the requirements of the LDC. The first waiver is to reduce the required 10 -foot wide landscape around all buildings to 5- feet for the multi - family lot only. This allows for privacy with the diversion of landscaped areas and sidewalks. The second waiver is to reduce the parking spaces per dwelling unit from 2.25 spaces to 2.15 for the multi - family development only. This allows for additional landscaping and green space with the flexibility to add additional spaces if occupancy levels dictate. He continued by explaining that if the commission approves the site plan, the developer will dedicate money to the lengthening of the left-turn lane from southbound Maguire Road to eastbound Tomyn Boulevard. 2 Planning and Zoning Commission Meeting March 12, 2013 City Planner Rumer advised that the Development Review Committee (DRC) met on March 5, 2013, and reviewed the proposed PUD and PUD Land Use Plan. Staff supports the Land Use Plan and waiver requests. DISCUSSION Vice - Chairman McKey inquired as to why the City Commission denied the rezoning from C-3 to PUD. City Attorney Cookson explained that the City Commission expressed concern with the increase in traffic level and noise from the Florida Turnpike. Vice - Chairman McKey commented that the plan included a reduction in parking. He inquired as to where additional parking spaces will be added if needed. City Planner Rumer explained that the PUD is a concept plan, and if approved, the next phase will include the preliminary site plan. Vice - Chairman McKey inquired as to what would trigger the need for more parking. City Planner Rumer explained that it is completely internal and not mandated by the City. Allison Turnbull, attorney with Baker & Hostetler, attended on behalf of the applicant, Skorman Development Corporation. She . gave a brief overview of the proposed project, and addressed the concerns the City Commission previously had with approving the project. Ms. Turnbull explained to the board that the new plan cuts the average daily trips by 50 %; therefore, reducing traffic levels: She continued by saying that the project will include commitments such as turn -lane improvements, intersection improvements, and landscape improvements. The project will be consistent with the Future Land Use Plan, and will be consistent with the surrounding area Ms. Turnbull informed the board that the developer commissioned a noise assessment (Exhibit A), which found the noise level at the building closest to the turnpike to be no different than any standard residency. Additionally, the developer provided a market study that shows this area needs this type of high- density residential project. She continued by saying the overall occupancy rate for Southwest Orange County is 95 %, and the need will be met with the Orlando Health expansion. Member de la Portilla asked what the intersection improvements consist of. Ms. Turnbull explained that the intersection of Maguire Road and Old Winter Garden Road will receive increased landscaping, and there will be a left -turn lane on Maguire Road going towards Tomyn Boulevard. She continued by saying that the developer will also manage the project. City Planner Rumer explained that the extension of the left -turn lane on TomynnpY Boulevard is not a condition of approval for this specific project. It was originally for the 3 Planning and Zoning Commission Meeting March 12, 2013 Villages of Wesmere, and should this project not be approved, the City will ensure that it is completed. Chairman Campbell commented that the market study shows the occupancy rate for Southwest Orange County to be 95.6 %, and that of Ocoee is 90.3 %. He inquired as to why this would be. Ms. Turnbull explained that other projects, such as Key Isle apartments, have a 98% occupancy rate. She continued by saying that the Orlando Health expansion will provide a comparable rate of occupancy. City Planner Rumer explained to the board that the market analysis provided is not from the developer, but from a third party. It has been updated from the analysis previously received by the board (August 2012). The previous market analysis showed the occupancy rate for Southwest Orange County to be 87 %, so the occupancy rate has increased. Marc Skorman, the developer for Skorman Construction Inc., explained to the board that many of the apartments in the local area are older. He continued by saying that there is a strong need for high -end apartment projects; therefore, a higher occupancy rate can be anticipated. Vice - Chairman Mckey inquired if the developer is planning on working with the turnpike authority to put in a wall to buffer the noise level. Ms. Turnbull stated the Florida Department of Transportation (FOOT) will only build a wall if a certain decibel level is reached, and the turnpike does not reach that noise level in this specific area If the turnpike were to expand or receive improvements which would cause the noise level to increase, then FDOT would put the wall in, and the City would not share in that cost. Member Marcotte asked if the retail- access lane will only be on Tomyn Boulevard. City Planner Ruiner explained that there will be two entrances; one on Tomyn Boulevard and one on Maguire Road. Member de la Portila asked if this project falls under the Community Redevelopment Agency (CRA). City Planner Rumer answered "no ". Ms. Turnbull explained to the board that 7,000 square feet of the project is designated for retail, and 13,000 square feet is designated for restaurants. The Public Hearing was opened. The following people spoke in opposition to the Park Place PUD Rezoning: 4 Planning and Zoning Commission Meeting March 12, 2013 Jim McNicol, 830 Patriots Point Drive, Brookestone. Provided a PowerPoint presentation Exhibit B). Robert Godfrey,182 Highbrooke Boulevard, Brookestone Greg Moore, 1808 Sugar Cove Court, Brookestone Henry Pinzon, 328 Highbrooke Boulevard, Brookestone. Provided a Noise Study Report for the Florida's Turnpike Mainline PD& E Study from US 192 to SR 50 (Exhibit C), and SB 1132: Department of Transportation (Exhibit D). David Fishpool, 62 Highbrooke Boulevard, Brookestone Stephanie McKelvain, 19 Heather Green Court, Wesmere Chairman Campbell advised that the Planning and Zoning. Commission recommends or denies approval; however, the project will still be presented to the City Commission. Allison Turnbull, attorney for the applicant, approached the podium to address the residents' concerns. She stated that the relevant decision is whether or not the request for rezoning is consistent with the Future Land Use, and that this application meets all criteria in the Land Development Code, City Code, and Future Land Use Map. She continued by saying that a PUD designation gives the City the most control over development. She reiterated that FDOT determined that a wall is not warranted. She continued by saying that the traffic study shows that based on the rezoning, traffic will be cut in half as opposed to what the land is currently approved for She addressed the concern of school impact fees by saying that the developer pre -paid the impact fees, and made an additional contribution. The Public Hearing was closed. Vice- Chairman McKey inquired about the size of the apartments and the monthly rental fee. Ms. Turnbull explained that the average apartment is approximately 1,100 square - feet, the smallest unit is approximately 900 -1,000 square -feet, and the largest is approximately 1,400 square - feet. Member Dunn asked what classifies the units as high -end apartments? City Planner Rumer explained that the City requires the architecture to match that of the local area. The apartments will have tile roofs, stainless steel appliances, tile floors, and the amenities will have upgrades. He continued by saying that the City cannot set a price point for the apartments. City Attorney Cookson explained that the City does not issue the designation of high - end, but can put conditions on the amenities. Chairman Campbell and City Planner Rumer explained that this is the first step for the j developer. If the rezoning gets approved, the developer will have to come back to have 5 Planning and Zoning Commission Meeting March 12, 2013 the preliminary site plans approved, which is a public hearing for the Planning and Zoning Commission. Member Dunn inquired about the impact that the Orlando Health expansion will have on this area. City Planner Rumer said Orlando Health has secured property on the north side of State Road 50 in the Lake Bennett Center. Member West commented that it seems as though the Park Place development is a very nice project. The Planning and Zoning Commission approved the project once before, and the developer has since improved the amenities. Member Sills stated that the board's primary objective is to vote on the rezoning of the project from C -3 to PUD. Chairman Campbell agreed with Member Sills, and explained that the board is tasked to identify if the applicant has met the City's criteria. Additionally, the board has an obligation to the developer and City as a whole. Vice - Chairman McKey stated he is in favor of the commercial park, and rejects the premise that this residential area does not need a sound wall. He continued by saying that if the City becomes responsible with rectifying the situation, it will place a large burden of cost on the residents of Ocoee; therefore, he will vote against the rezoning. Member Marcotte stated that he too will vote against this project. Although he appreciates the design, does not feel that apartments are the best use of this property. Member de la Portilla stated that Mr. McNicol's PowerPoint presentation showed a lot of vacant or undeveloped projects. He addressed this by saying the recession had much to do with the vacant and undeveloped land. He continued by saying that there is a demand for apartments because many people lost their homes, and retirees are moving back to Florida. Member Morris, seconded by Member Sills, moved the Planning and Zoning Commission recommend to the Ocoee City Commission approval for Park Place Rezoning from C -3 to PUD and PUD Land Use Plan. Motion carried (5 -2), with Vice - Chairman McKev and Member Marcotte opposing. Comprehensive Plan Amendment- Transportation Element City Planner Rumer explained to the board that due to a change in Growth Management Laws, language has been revised as it pertains to the different elements of a comprehensive plan. The item before the board is to amend the transportation element to comply with the new requirements of state law and facilitate many of the 6 Planning and Zoning Commission Meeting March 12, 2013 recommendations of the City of Ocoee Multimodal Mobility Plan. He continued by saying that the purpose of the element shall be to plan for a multimodal transportation system that places emphasis on public transportation where feasible. He explained to the board that the multimobility plan that went to the Commission was not adopted, but accepted. City Planner Rumer introduced Nick Lepp with the Renaissance Planning Group. Nick Lepp attended the meeting and gave a PowerPoint presentation on the Transportation Element (Exhibit E). Mr. Lepp explained to the board that the Ocoee Transportation Element is intended to foster a performance- driven, outcome -based transportation planning process in the City. He continued his presentation by saying the plan focuses around the vision of creating a future for the Ocoee CRA that will include centers of vibrant, urban, mixed -use developments that ensure enhanced pedestrian and automobile connectivity. This plan supports the current economic development, and addresses the transportation needs more multimodally. Mr. Lepp continued his presentation by reviewing the goals and objectives of the transportation element. After an analysis, the recommendations are to constrain City roads to two and four lanes, and not allowing six lanes. It will include a more walkable network with connectivity of roads. Creating road connectivity allows for flexibility in the event of road closures. Additionally, this allows the City to accommodate different modes of transportation. Member West asked if there are plans to improve the rail lines. City Planner Rumer stated they are upgrading the rail lines to allow for faster speed and a heavier load. Nick Lepp stated that there is an increased focus on pedestrian trails and opportunities for more bicycle lanes. Member West asked if golf carts are incorporated in the plan, and Mr. Lepp answered that they have not. City Planner Rumer explained to the board that with the widening of State Road 50, some of the bus routes will be removed. Mr. Lepp stated that at the moment, the Lynx bus stop is located at the West Oaks Mall. Vice - Chairman McKey asked if Lynx will provide a bus rapid transit. City Planner Rumer said yes, but it will stop at the West Oaks Mali. The Public Hearing was opened. The Public Hearing was closed. 7 Planning and Zoning Commission Meeting March 12, 2013 Vice - Chairman McKey asked City Planner Rumer to elaborate on the City rail lines being faster. City Planner Rumer explained by saying the City committed $40,000 in a cooperative effort with the cities of Winter Garden and Apopka to upgrade the rail lines through Ocoee, which will allow for faster speed and heavier load. This could create the opportunity for a passenger train. He continued by saying the immediate desire of the City is to welcome an entertainment train. Vice - Chairman McKey, seconded by Member de la Portilla, moved the Planning and Zoning Commission recommend to the Ocoee. City Commission approval for the Transportation Element Proposed Comprehensive Plan Amendment Motion carried unanimously. MISCELLANEOUS Project Status Report City Planner Rumer informed the board that the State Road 50 project is all set to go for the year 2015. The City met with FDOT regarding this project, and the following has been discussed: Reduction in lanes and width of lanes Alterations to intersections- eliminating right -turn lanes and having only right through lanes, with Maguire Road being the exception. Heading east on State Road 50 to north Marshall Farms Road- still providing left - turn access. Dual left -turn lanes onto Bluford Avenue Dual left -turn lanes with a through lane on Blackwood Avenue City Planner Rumer continued by saying the property in front of the police department is a FDOT pond. The City wishes, however, to take over the maintenance of the property, and provide a passive park with a retention pond, sidewalk, and alcoves with benches. Member Sills inquired regarding the status of the West Oaks Mall. City Planner Rumer stated that the process is ongoing and the City is meeting with potential investors. ADJOURNMENT The meeting adjourned at 8:50 p.m. Attest:APPROVED: Diana Turner, Recording Clerk Bradley Campbell, Chairman 8 Exhibit A Park Place at Ocoee- Preliminary Assessment of Traffic Noise Q uiet( y 9vIakjng Noise GEC Acoustical Consulting and Noise Control March 11, 2013 Mr. Marc Skorman Skorman Construction, Inc. 6000 Metrowest Boulevard Suite 111 Orlando, FL 32835 Subject:Park Place at Ocoee — Preliminary Assessment of Traffic Noise Dear Marc: As requested, I have reviewed the site location for the proposed Park Place at Ocoee multi- family residential project and have developed the following information related to the acoustical design of the multi - family residential buildings and the potential for traffic noise impacts. The northern property boundary of the project site is Iocated adjacent to the Florida's Turnpike, a limited access highway. The closest building is approximately 145 feet from the nearest traffic Line. Typically, projects that I have worked on at this distance from a multi -lane limited access highway have ambient sound levels in the range of 65 to 75 dB(A), depending upon traffic counts, vehicle speeds, and other information. As a general rule of thumb, the noise level will be reduced by approximately 6 dB(A) for every doubling of the distance from the highway. Thus, the buildings that are located farther from the highway will have lower levels of noise exposure. Please refer to the attached Noise Thermometer for a comparison of these sound levels to many common noise sources. Multi -story buildings such as the structures planned for this project provide significant shielding from other noise receptors located behind them. In other words, when one of the project buildings blocks the line of sight between other buildings or nearby residences and the highway, there will be a significant reduction in sound. Thus, any residential areas that currently have a line of sight to the Turnpike may benefit from the noise barrier effect of the new buildings. The most widely accepted recommendation for interior sound levels in residential buildings is to meet a day -night average sound level (DNL) of 45 dB(A) or less. This is consistent with 4521 OCd Carriage Trai(— Oviedo, Florida 32765 Thom: (407) 681 -7444 (681 S.JLJf.H.)Fax (407) 682 -7444 (682-S.70 www.quietCymakingnoise.com Wernher, Institute of Noise Contro(Engineering and National Counci(ofytcoustical Consuftants WIN guidelines published by the U.S. Department of Housing and Urban Development (HUD) and other studies that have been done for many highway, airport, and rail line projects. The DNL value is the average sound level experienced over a 24 -hour period, based upon hourly averages, with a 10 dB(A) penalty applied to night time hours between 10:00 PM and 7:00 AM. Thus, a DNL value of 45 dB(A) roughly represents average day time sound levels of 45 dB(A) and night time sound levels averaging 35 dB(A). Most multi- family residential buildings provide an exterior -to- interior noise reduction between 25 and 30 dB(A). This is referred to as the Sound Level Reduction (SLR) rating. I have completed acoustical analyses to determine SLR ratings for hundreds of multi - family projects located near highways, rail lines, airports, and other major sources of noise. I have also worked with your architect, Fugleberg Koch, on multi - family projects. The typical designs and construction types used by Fugleberg Koch and my other clients normally provide SLR ratings of 25 to 30 using conventional materials and design approaches. Commonly available acoustical ugprades can be implemented to improve the SLR rating to values higher than 30...if necessa. These upgrades would include windows and /or doors with higher Sound Transmission Clan TC) ratings andlor additional layers of gypsum board or exterior sheathing on the exterior walls. A detailed analysis has not yet been done. However, based upon an estimated highway traffic noise level of 70 DNL on site, and an SLR rating of 25 dB(A) for residential buildings, the day - ht vsrage sow level i t re residences is estintated to be 45 d13(A). This it gehaaily consideredto be acceptable forresideritcs. A project - specific analysis could be done to verify these typical values and incorporate any recommended acoustical features into the project design. For comparison, most residences have a background ambient sound level of approximately 45 + 5 dB(A) due to noise from tbeirHVAC .ystems. appliances, and general activity. Normal conversational voice sound levels are in the mid -60's. Thus, the estimated sound levels are comparable to the normal interior sound levels of a typical residence. Please let me know if you need any additional information. Sincerely, Lisa A. Schott President and Principal Acoustical Consultant Member, NCAC, INCE, and ASA Attachment Tag 2 WIN Noise Thermometer Military Aircraft Taking Off — 140 Threshold of — 130 — IP* Pain Deafening Locomotive w 0,Train Whistle i w .Hard Rock — 120 —t= `' 'f ' Band cc..)) l Accelerating r( 110 — Motorcycle p Loud Hor Auto n 100 —fP; Noisy Very Loud Facto ary pa , A 90 —y m s Noisy Urban Street 1s: a ry School 80 1 it 1 Cafeteria Loud R l 70 — Restaurant 14 ICF?i Normal a Conversation 60 ir Moderate General ii - 426 50 — Office I 12 ' 1 Average Residen ti ! S 40 —i 44111f .Faint 1\ Bedroom at Night — 30 — r — Average 4 20 — Whisper Leaves Rustling Very Faint Whisper 10 Sound Proof Room r Human Breathing I Sound Levels are shown in A- weighted decibels, dB(A). 2007 Quietly Making Noise, LLC. All rights reserved Page 3 I Exhibit B Re- Zoning Maguire Road PowerPoint Presentation 1 3/20/2013 Re- Zoning Maguire Road I October 2012 Revised Edition 12 March 2013 Location of former road sign The road sign was ereRW to re<ognlxe the Ci[Y ol0<oee for A'x contribulbn to the Arbor Day Foundation Pan of 1R[[ Cm UsA. Nweteplaced by a <onslrutlbnsile. 15 Reasons to Become a Tree City Some new and extended buildings Touches the lives of people within the community who benefit daily from cleaner air, shadier streets, aesthetic beauty that healthy, well- managed urban forests provide Can make a strong contribution to a Community's pride y., c Brings solid benefits to a communitysuch as helping gain financial support for tree projects and contributing to a safer healthier urban forest Helps present the kind of Image that most citizens want to have for the place they live and work ewe Tells visitors, through signage, that there is a community that cares about its environment RACETRAC Other side of Bluford and Hwy 50 gas station under development a 7- Eleven gas station 11 3/20/2013 p " e.-i4 ar t i• w -- 1`.t,.. a$A.On block west on Hwy 50 two working gas stations and one redundant gas station r R t , • ' Qx ma y T"'3:Z ' ax• r le s f I a a 4 r „ 4, j -tr T j . t d. ' f. G • ` 1 N ` ,i0 . V 1-. - awe vG " f } q . sr mw X. k:-a' X1 , ._,,,. ,...„....„-,-,..,, Fountains at Tivoli Place Diplomat Tower t Y i E.- _ 11 Cityplace ""Chateau Reserve" j AVVII VIII FOR EA4LE 4O? gi s.n/4= t . 2 411 3/20/2013 Mayor's Welcome 11 Wekome to Ocoee, my "Hometown ", "The Centerof Good Itvtn &" Ocoee is one of the fastest growing cities In Orange County. Our city has a diversified economy that spans all OMNI the basic servtces a communitycanoffec We area truly an internatlonalcommunity with goals of a' World pass Education" for our children We are "High Tech" with our own TV station (the only one in Central Florida) and many other services coming on line. We strive to maintain a "small town" atmosphere with all the commerce of any large city. We encourage our dtizens to be Involved with their government and all It has to offer. Our employees are pledged to make Ocoee user friendly. Come try us. I'm sure you will like it here, and it can become your 'Hometown" also. Westbrooke Elementary School West Orange High School A y ' s WV"' Y se, e I 11111111111111.1 Iiii ' -- The future of education ?19 November 1863 u s.r r Ftnanaduswortatecal tatroupklurthootittaalatAlre na five, t tt44110y ,h4dr3raBdWfitropo>Karbald taataYieQad r Wove tnpatedhiwicii hdppEflkblea asnYu6alwc Nudldeghd,arteapudmiteartmlwa fritetildfi rr. hit cant Is deea iorlim ddalield.ofi Weil pleakrbutAhotianthrkiAdUMW ri# kik itapii Ftilpad populist rtidaulfMil. KO itrfptlaidisaaa rddeint -it as tdeulse tk-reer G4w.titi A.11epra M6ptal&a4 desitp id r Ightittameudtdtlitab cnnympa ibaWadetIdDlraideiWert,ra insr ie geisasrykn,Ridaatier telrlii dxgdrhiit dilOae.IIlkftrMIhr.•tg,ra aa,bitdaciahlFanb ras istedrutwet Win haradn1rin / gracad. tsrtlekaastottWele &aiibtegndbskfut 9 tai us -ter tot g taddtadsa4tttoutddtro9tOA cinttagthttyp dt iatl Almon dditotaa -Me tart* aso9ttituldfahhIndkefesihrb -MO p , tr ,.OdsCal, tsaikrt1kWte. ofieilk7- a Madiprihetidtii0, Bd paduapltbrlitraok gilWOOBedsta4 3 3/20/2013 Another place to voice your opinion and that government of the people, by the people, for the volrNc people, shall not perish from the earth" 3 .+i West Oaks Mall Inner perimeter at West Oaks Mall empty stores, almost empty car park early signs of urban decay Outer perimeter at West Oaks Mall Another 'local' Mall , opportunities on Clarke Road one exit south on the Turnpike 70 ACRES MIXED USE -DRI 407 -788 -6555 BMLSPEEBQYAHOO.COM w: 4 3/20/2013 Inner perimeter of the other `Mall'Outer perimeter, of the other Mali mil 1'1'4 r J;. ' ;invTT1 r r rtl Reject this application Go green, restore the trees An additional LEAF for this plaque t, 1 What has changed ? Chateau Reserve fa, tiSouthofMaguireRdfromColonial, turn right on Roberson, turn right on t Windermere Rd Property just across from Warrior Rd. Proposed Large Scale Site t f.: 1d gt, e At 4.''' Plan w w ith22single-family residential units on 8.84 acres Approved. INACTIVE A J+ I piplomat Tower a4 4 , 6.256 acre parcel at 111Road, proposed 3 story if ice building.tY • l INACTIVE.Ei Enke Butler Profess ono,Campus d f ; h;M 0-1a.1latthenortheastcornerofMaguireRoadandTomynRoad. Proposed six 4 " Y,...`'.E .T a Limey professional office buildings. Approved. INACTIVE. Coke ButlerProfessl0nal Cam088 at the northeast corner of Maguire Road and Tomyn Road. Proposed six professional office buildings. Approved. INACTIVE. 5 3/20/2013 A Previously i ifM 1 AVAItABLE Y i0, t t FOR fiALE i 407.94 af^f 14 Be Bold I Think outside the box aa d app047,547 P j' T ye 4t r x ,fill a -< t i ? , ` 47} th . 4 i, - ? h p.a,,.A t. 1 ^' !: 1nr,aii rfcb The City of Ocoee Sports Complex" 1,-'4f r w Roberson Road and Windermere Road sciies of Baseba'I diamond. 6 Exhibit D SB 1132: Department of Transportation http://www.flsenate.gov/Session/Bill/2013/1132 fk.flRldaLfonfe.W' 1 Elaitolganikr,e save Trod.. rianlio I latoo Go to Ei11:2013 L_] er)11171111 7x.K LORii) S F NA r Home Senators Committees Session Laws Media About Offices Reference Tracker r c,u+t.nil U21 ssenile Loll 1132 Previous Senate Bin Next Senate 0111 SB 1132: Department of Transportation Track This sill GENERAL BILL by Cu ando, y ,.C.'xsarq of Lotistay.r iarrn Department of Transportation; Requiring the Transportation Commission to also monitor the Mid•Bay Bridge Authority; requiring that a local government ensure that none compatible laod -use planning is used In its jurisdiction; prodding funding for space transportation projects from the State Transportation Trust Fund; creating ch. 345, F.S., relating to the Florida Regional Tollway Authority; providing for the transfer of the governante and control of the add-Bay Bridge Authority System to the Okaioosa -Bay Regional Tolt ay Authority, etc. Senate Committee References: TransportationJTR), Community Affairs (CAL, &2prr nations Subcommittee on Transportation, Tourism, and Economic Development (AT()) , Appropriations (AP) Last Action: 03/11/2013 Now in Community Affairs Effective Date: Except as othenoise expressly provided In this act, this act shall take effect upon becoming a law. Bill History Related B110 (0) 1311 i +• >1 I I) Amendments (18) Analyses (2) Vote Mislay (1) Citations (42) Bill Text ytRStON I POSTED I FORMAT — T j 5 1132 02/22/2013 at 11:1a AM taco Page (PDF xr rr Senators Session Media Offices Connect with the Senator I1st nom Press :6.1es Office at &mate Pre,1d nl Senate tend Your Irv/Ana airman iwnytions rsajrrey Moe TM © n1trori loaners Ydeas 0unuM 013• 000% a Florida Senate - 2013 SB 1132 By Senator Brandes 22- 00495B -13 20131132 1 A bill to be entitled 2 An act relating to the Department of Transportation; 3 amending s. 20.23, F.S.; requiring the Transportation 4 Commission to also monitor the Mid -Bay Bridge 5 Authority; deleting provisions relating to the Florida 6 Statewide Passenger Rail Commission; amending s. 7 110.205, F.S.; changing to the State Freight and 8 Logistics Administrator from the State Public 9 Transportation and Modal Administrator, which is an 10 exempt position not covered under career service; 11 creating s. 163.3176, F.S.; providing legislative 12 intent; requiring that a local government ensure that is noise compatible land -use planning is used in its 14 iurisaiction; providing guidelines; providing tor the 15 sharing of related costs of construction if a local 16 government does not comply with the noise mitigation 17 requirements; requiring that local governments consult with the Department of Transportation and the Department of Economic Opportunity in the formulation 20 of noise mitigation requirements; amending s. 21 206.9825, F.S.; revising the criteria that certain air 22 carriers must meet to qualify for an exemption to the 23 aviation fuel tax; providing remedies for failure by 24 an air carrier to meet the standards; authorizing 25 terminal suppliers and wholesalers to receive a 26 credit, or apply, for a refund of aviation fuel tax 27 previously paid; conforming terminology; authorizing 28 the Department of Revenue to adopt rules; repealing s. 29 316.530(3), F.S., relating to load limits for certain Page 1 of 87 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 i 22- 00495B -13 20131132 407 Service. 408 Section 3. Section 163.3176, Florida Statutes, is created 409 to read: 410 16.3176 Legislative findings; noise mitigation 411 requirements in development plans for land abutting the right - 412 of-way of a limited access facility; compliance required of 413 local governments.-- - 414 11) The Legislature finds that incompatible residential 415 development of land adjacent to the rights -of -way of limited 416 access facilities and the failure to provide protections related 417 to noise abatement have not been in the best interest of the 418 public welfare or the economic health of the state. The 419 Legislature finds that _the costs of transportation projects are 420. si•nificantl increased b the added expense of re uired noise 41, abatement and by the delay of other potential and needed 422 transportation projects. The Legislature finds that limited 423 access facilities generate traffic noise due to the high speed 424 and high volumes of vehicular traffic on these important 425 highways. The Legislature finds that important state interests, 42t includin., but not limited to, the •rotection of future 427 residential property owners, will be served by ensuring that 428 local governments have land development ordinances that promote 429 residential land-use planning and development that is noise 430 compatible with adjacent limited access facilities, and by 431 avoiding future noise abatement problems and the related state 432. expense to provide noise mitigation for residential dwellings 433 constructed after notice of a planned limited access facility is 434 made public. Additionally, the Legislature finds that, with 435 future potential population growth and the resulting need for Page 15 of 87 CODING: Words strickcn are deletions; words underlined are additions. 4 Florida Senate - 2013 SB 1132 22- 00495B -13 20131132 436 future capacity improvements to limited access facilities, noise 437 compatible residential land -use planning must take into. 438 consideration an evaluation of future impacts of tratfic noise 439 on proposed residential developments that are adjacent to 440 limited access facilities. 441 2) Eacri local government shall ensure that noise 442 compatible land -use planning is used in its jurisdictions in the 443 development of land for residential use which is adjacent to 444 right -of -way acquired for a limited access facility. The 445 measures must include tne incorporation of federal and state 446 noise mitigation standards and guidelines in all local 447 government land development regulations and ire reelected in and 448 carried out in the local government comprehensive plans, 449 amendments of adopted comprehensive plans, zoning plans, 450 subdivision plat approvals,, development permits, and building 451 permits. Each local government shall ensure that residential 452 development proposed adjacent to a limited access facility is 453 planned and constructed_in conformance with all noise mitigation 454 standards, guidelines, and regulations. A local government shall 455 share equally with the :Department of 'Transportation all related. 456 costs of construction if the local government does not comply 457 with this section and, as a result, the department is required 458 to construct a nose__wall or other noise_mitigation in 459 connect_ign wit a roa imp project. 460 1.31 A local government shall consult with_the Department of 461 Economic Opportunity and tne department, as needed, in the 462 formulation and establishment of adequate noise mitigation. 463 requirements in the respective land development requiati.ons_as 464 mandated in this section. A local government shall adopt land Page 16 of 87 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2013 SB 1132 22- 00495B -13 20131132 4b5 develo•ment re.ulations that are consistent with this section, 466 as soon as practicable, but not later than July 1, 2014. 467 Section 4. Subsection 1) of section 206.9825, Florida 468 Statutes, is amended to read: 469 206.9825 Aviation fuel tax. - 470 1)(a) Except as otherwise provided in this part, an excise 471 tax of 6.9 cents per gallon of aviation fuel is imposed upon 472 every gallon of aviation fuel sold in this state, or brought 473 into this state for use, upon which such tax has not been paid 474 or the payment thereof has not been lawfully assumed by some 475 person handling the same in this state. Fuel taxed pursuant to 476 this part shall not be subject to the taxes imposed by ss. 477 206.41(1)(d), e), and (f) and 206.87(1)(b), c), and (d). 478 b) Any liccnccd wholcaalcr or tcrminal supplicr that 479 dclivcrs aviation fucl to an air carrier that offers offcring 480 transcontinental jet service and that has, within the preceding 481 5 -year period from January 1 of the year the exemption is being 482 applied for, increased its that, aftcr January 1, 1996, 483 incr arcs thc air carricr's Florida workforce by more than 1,000 484 104 percent and by 250 or more full -time equivalent employee 485 positions as provided in reports that must be filed pursuant to 486 s. 443.163, may purchase rcccivc a crcdit or rcfund as thc 487 ultimatc vcndor of thc aviation fuel exempt from -€ems the 6.9 488 cents per gallon tax imposed by this part from terminal 489 suppliers and wholesalers, provided that the air carrier has no 490 facility for fueling highway vehicles from the tank in which the 491 aviation fuel is stored. To qualify for the exemption, an air 492 carrier must submit a written request to the department stating 493 that it meets the requirements of this paragraph. The exemption Page 17 of 87 CODING: Words strickcn are deletions; words underlined are additions. h Exhibit C Noise Study Report for the Florida's Turnpike Mainline PD & E Study Noise Study Report for the Florida's Turnpike Mainline PD&E Study from US 192 (Exit 242) to SR 50 (Clermont Exit 272) Osceola and Orange Counties Financial Project ID 411488-1-22-01 rn- 1 i Itunlawsmia.,,, t Preparedfor: if FLORIDA•S ENTERPRISE IIIFlorida's Turnpike Entezpie Prepared by: November 2003 w SECTIONF Evaluation of Traffic Noise Abatement Figure 4 -3 Noise Contour SR 408 /SR 429 Alternative 1 s50' 1 1 -5 \ \ 1' 12' 12' 12' 12' 12' 12' 12' 10' 24' 150'400' i Turnpike Figure 4 -4 Noise Contour SR 408 /SR 429 Alternative 2 505' Z 1 s I i 1 12• 12 12' 12' 10 12' 12' 4" L 150'355' q. Turnpike Noise Study Report URS 4 -3 Exhibit E Transportation Element PowerPoint Presentation 1 3/20/2013 Fa l 1 rt II mehilgyeJ IbaYy Support the Development,Aeea46Fy for Nat Amt.) Is City of Ocoee I Redevelopment and Economic sdokllto seas* dnaedgoxlb Objectives Citywide arrk ad as anddellmnonVar + e ? Auentbikly nileda dr general.eed oasis loam money, domed.), andTransportatAddresstransportationneedsask) needed le teach activities. with multimodal solutions to Atoka, satoale physical movement El ement enhance the economic Inducting Koval by calk lna.WAN. opportunity of cit petit: transit mµFinale PP Y Y automobile and othermaleraed modes. In avowal, Placated mubdey Provide better accessibility Increases carom All .b . helm l ficn issence 1 o S;,ou,motte do enoreyba c nleeemvsrandmobilityforexistinganmote Is olm.yea la future residents Meb ybe oNofed loosed enftFebwryJr.navel &forme and speed. Goals, Objectives andGoalsasst! Outcomes Transportation Element A long vision and strategic liNl' .l Recommended a series of blueprint for mobility supporting redevelopment and economic Id ,m objectives dal goals and revitalization fi ObjeCtlVeS In A morewalkablearea f i I i —Mobility Plan provides the Data , F-Atransit -ready focal point in the region LL.h..! ..!i and Analysis for the c " t = Maintenance of regional mobility Transportation Element Update Balanced set of recommendations to Aligns the City'simprovelivability, personal mobility and Comprehensive Plan with the I access CRA Master plan Goals Goats Goal #i: Provide a safe, efficient and cost effective Goal #4: Ensure the transportation system is multimodat transportation network.maintained in good condition. Goal #2: Achieve a well - balanced multimodat transportation network in which local circulation and Goal 5: Establish a fiscally efficient and cost - effectiveregionalmobilityarecomplementaryformovementof people and goods.funding program to meet city and regional mobility needs. Goal #3: Make transportation investments that support land use plans, strengthen the local and regional economy, preserve and enhance neighborhood character and protect environmental and natural resources. 1 3/20/2013 Go.* R: Obiectives Data Pi Analysis (Mobility Plan) Measurable Objectives Traffic counts - mid - block&1 I I. - - turning movements r j Existing Policies will be reorganized to fit li 1 -2I-1 I with the new multimodal goals Future Traffic Projections9Projections t 7 f ; Ne policies will be developed to support Inflow/ Outflow analysis V the multimodal focus of the ra _.__fTransportationElementandtheVisionofFieldmeasurementsI Ocoee Pvz~CVvUi k <<youty of ,acct:5iii iiLy Recon i,r i li Shift from link Constrain City 4 a r • levelRoadstozand4 j congestion to network level lanes capacity x: a Focus on Provide connectivity not U.accessibilit y capacity though network 1 1 connections not 1,„4 roadway capacity f I_ PubitI Tr.:ni Pedestrian plan Regional access Fill in gaps in sustains city i network 11.-economic growth t Bus RapidTransit to r Retrofit roadway I --j Orlando I with pedestrian I r . Freight /Passenger facilities with Ana i Rail line upgrades widening or 4throughthecityIr7.-upgrade r I r 2 3/20/2013 eke it C.f ttr4t, roll( Provide bike lanes y :" ' Roadway - only not the solution for personandtrailswith µroadway O mobility construction The data and analysis demonstrates the multimodal network can support further Utilize right of way ii growth to make trail connection from Supports the Vision of the City CRA to West Orange Trail 3 ITEM NUMBER IV. A. PUBLIC HEARING WESTYN BAY SUBDIVISION AMENDMENT TO PRELIMINARY /FINAL SUBDIVISION PLAN & DEVELOPMENT AGREEMENT Mayor Commissioners S. Scott Vandergrift John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District .3 Robert Frank Joel F. Keller, District 4 florida STAFF REPORT DATE:August 13, 2013 TO:Planning & Zoning Commission (Local Planning Agency) FROM:Michael Rumer, City Planner 2124 SUBJECT: Westyn Bay Amendment to Preliminary /Final Subdivision Plan and Development Agreement Project No(s): LS 2000 -02 ISSUE: Should the Planning & Zoning Commission (LPA) recommend approval of the request from the Westyn Bay Home Owners Association Inc. to amend the Preliminary /Final Subdivision Plan and Development Agreement for the Westyn Bay Subdivision? The amendments consist of 1) Condition #22 - removing a pedestrian access gate and easement; and, 2) Condition #37 - consideration of the removal of street trees within the development. BACKGROUND: The subject subdivision is zoned R -1AA (Single - family Dwelling) and is located on the north side of Ocoee Crown Point Parkway. The Westyn Bay Subdivision encompasses +/- 376 acres, for phases 1 -3, and +/- 40 acres for phases 4 and 5. The final site plan for phases 1 -3 was approved by the city commission on May 7, 2002, under the name West Groves. The approved subdivision plan provides a condition of approval that is consistent with the Development Agreement for West Groves dated June 5, 2001. Per the letter requesting the change in the requirements of the subdivision, the Westyn Bay Community Association, Inc., is requesting the following: a.Proposed Deletion of Condition #22 (Easement) The easement provides pedestrian access through and over the private internal roads of Westyn Bay from the neighboring subdivision called the Vineyards. The easement restricts access to the time in which public schools are open for use by students (90 minutes before and 90 minutes after school). At all other times, there is no easement for access. The easement does not permit access to any facilities within the Westyn Bay subdivision. b.Proposed Deletion of Condition #37 (Street Trees) Condition 37 is a reiteration of Ocoee Land Development Code Article 6, Section 6 -10. A street tree shall be provided in front of each single - family lot (2 trees on corner lots, with one on each P &Z Meeting Date: August 13, 2013 Project: Westyn Bay Project Number(s): LS 2000 -002 street), prior to the issuance of a certificate of occupancy for the house constructed on the lot. Each street tree shall be a minimum of 2" DBH and 10' tall at the time of planting. DISCUSSION As indicated above, this amendment will change Conditions of Approval from the original development agreement and Preliminary and Final subdivision plan. Staff has researched the conditions of approval items identified and has the following comments: Condition #22 was created to provide a safe route for school children and parents to access Ocoee Crown Point Parkway. At the time, Ocoee Apopka Road did not contain a sidewalk on the western side of the road. Upon development of The Vineyards subdivision, a sidewalk was installed along Ocoee Apopka Road with a connection to Ocoee Crown Point Parkway. Condition #37 reiterates Ocoee Land Development Code Article 6 Section 6 -10 that has been contained in the Land Development Code since its inception in 1992. Section 6 -10 states: i)Street Trees 1)The developer shall plant, within five (5) feet of the right -of -way of each street within a residential development, one (1) shade tree for every fifty (50) linear feet of right -of -way. Except where property on one side of the right -of -way is not owned by the developer, the trees shall be placed alternately on either side of the street. Existing trees and native tree species that need less water and maintenance are preferred. 2)Trees planted pursuant to this section shall be selected from the approved list of trees and shall have a minimum overall height of ten (10) to fifteen (15) feet at the time of planting. The Staff Forester should be consulted in selecting appropriate tree species and planting procedures. Existing tree species and native tree species that are drought tolerant and relatively maintenance free, are preferred. STAFF RECOMMENDATION: Staff does not object to the removal of the internal easement for pedestrian access known as condition #22, as it does not directly affect access to the Orange County Public School properties located within the Crown Point properties. Staff does object to the removal of condition #37, as it will provide a waiver to the Ocoee Land Development Code with no justifiable hardship. Attachments: Location Map Letter from HOA Attorney Approved Final Subdivision Plan Plat Ariel Map T Westyn Bay Subdivision (FKA West Groves) Location Map 4L' 4- # • _, Er LAKE APOPKA P EN IN 1 rS 1E11)1:11 AI i,iiiii 4,4 y li 'l I 4ord- 11 L _, 0 0 1 .' , a I fr 4Akfr 4 4r.A0 alrirk2Kffirlie* A ,44 4Fr 0 / !0I4l f I mi c'/.%.4 j 1 v f I i 4 i iii w ii b II I vy 11 411111110. IP 1 i I LI 0 Ful lrs i J i INDEX OF SHEETS WEST GROVES SAIL No. , OM. WA, OBEIVI. IDLE WEST GROVES FINAL SUBDIVISION PLAN FOR 0Oi°1 MEET 1 PHASES 1, 2 & 3 2 0-1 a0I5MEVa AIM TOPOWpSD MOLLY G-2A MORONS OF AMMAR 0-3 GOMM NOTES D I N P LAN 3 OF CITY COMMISSION APPROVED 5 - 07 - 02 F INAL S UB IVIS O APPROVED FOR CONSTRUCTION 7 - 17 - 02 7 0-5 SITE DOA FOR PHASES 1 , 2 3 a 9 T CPAL C1 CONSTRUCTION MIMING RAN 10 C-2 TRAM DESIOM Oa FM Vr, it 11 C-3 W181FR SO MO OEL11ETRI PVN 12 C-4 MA MIE STTN°WER PUN b. r 13 C-4A FIRM. WOO PLO = UM AEA A PARCEL OF LAND LOCATED WITHIN SECTION 1. TOWNSHIP 22 SOUTH, RANGE 27 EAST AND SECTION 6, F ' 14 C POOL ardO PUN CFMMi MfA TOWNSHIP 22 SOUTH, RANGE 28 EAST AND SECTION 31, TOWNSHIP 21OUTH, RACE 28 EASE AND SECTION 36, f / e C - 4C py1rv1L MOM FUN NORM WA TOWNSHIP 21 SOUTH, RANGE 27 EAST, ORANGE COUNTY, FLORIDA TIEING ORE PARTICULARLY DESCRIBED AS: r ^ C WASTER UTILITY PL 3EGIN AT HE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 6. TOWNSHIP 22 SOUTH, RANGE 28 EAST; N V` 17 C pNTyILUnIry pm SOWN WA THENCE RUN S.00'54'441.4, ALONG HE EAST UNE OF SAID NORTHWEST 1/4 FOR A DISTANCE OF 821.06 FEET: HENCE DEPARTING SAID EAST UNE RUN 5.28'29'20 - E., FOR A DISTANCE OF 368.35 FEET TO A POINT ON THE Z to c POOL our/ RAN cams A1G WEJILKLY RIGHT - OF - WAY UNE OF COUNTY ROAD 437 ( OCOEE- APOPKA ROAD), SAID POINT BEING 25.0 FEET WEST OF CENTERUNE; HENCE RUN S.2&17'18 - W., ALONG SAID WESIEHLY HT - OF - WAY UNE FOR A DISTANCE OF 15 0 -511 sum. MIRY PLAN IONm sass 71.60 FEET; HENCE DEPARTING SAID WESTERLY RIGHT - OF - WAY. LINE RUN N.28'29 20'W., FOR A DISTANCE OF 20 C WEN mlMO mama Pl 301.28 FEET TO A POINT ON THE AFORESAID EAST UNE OF HE NORTHWEST 1/4 OF SECTION 6; THENCE RUN vA If xt o-7 s1,InW SETA13 N.13'38'091V., FOR A DISTANCE OF 474.60 FEET; THENCE RUN N.00'54'44 - E., FOR A DISTANCE OF 4-80.10 PHASES 4 & 5 SA LINE FOR A ON HE 7200 4 FEET OF 0 AM NO T 1/4; CORNER NC RUNORT S.88'11.3 1%4 ALONG NORTHWEST NOT N COMM? / u 0 22 c ! 0. wN PROFILE 3.W town 10 2544235 1/4 OF SAID SECTION 6; HENCE RUN 5.01'26'O5'W., ALONG THE EAST UNE OF SAID NORTHWEST 1/4 OF HE z io 24 o-1° m C T M PROFILE STA 55400 m 77+13.0 NORTHWEST 1/4 FOR A DISTANCE OF 793.52 FEET; THENCE RUN N.87'28'22 FOR A DISTANCE OF 706.25 7625 C ! e PAIN PROFILE SW 155+00 m 201+34E7 FEET TO A POINT LYING 41.82 FEET EAST OF THE EAST UNE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 44 ••' r OF THE NORTHWEST 1/4; THENCE RUN S.011 0 ALONG A UNE LYING 41.82 FEET EAST OF AND PARALLEL 444 4 44 30 C TO C NN PROFILE SW 170400 TO 2A04M92 L.1 O TO SAID EAST UNE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 FOR A DISTANCE OF 4 4 , 33 34 0,411 • C PUll PROLE STA 210W° 10 227+°110 589.91 FEET; THENCE RUN 5.01'22'08 ALONG A UNE LYING 41.82 FEET EAST OF THE EAST UNE OF THE it NORTHWEST 1/4 OF THE SOUTHEAST 1/4 O F THE NORTHWEST 1/4 OF SECTION 6 FOR A DISTANCE OF 576.78 FEET; i = ° j!. TIN • O 35 C EvN PROFILE 5u 166478117 m 150442.55 THENCE RUN N.8728'23 - E, FOR A DISTANCE OF 359.74 FEET TO A POINT ON THE WESTERLY RIGHT - OF- WAY I I,° II • UNE OF COUNTY ROAD 437 ( OCOEE- APOPKA ROM), SAID POINT BEING 60.0 FEET WEST OF CENTERLINE; THENCE 5 ,fI , x m - 41 C 0 PLAN ROME STA m 80+00 131+415.25 RUN 5.28'17'18V., ALONG SAID WESTERLY RIGHT - OF - WAY UNE FOR A DISTANCE OF 976.19 FEET TO HE POINT ftV` ° n ° 1 - A4" ,q 1. ' / 42 C MAN PROMO SW 155+00 m 164444.18 OF CURVATURE OF A CURVE CONCAVE EASTERLY, HAVING: A RADIUS OF 2351.83 FEET, A CENTRAL ANGLE OF 1704'51', i . 3. F28 It 6 PLAN PRONE STA 13.400 m 051+.445 A CHORD BEARING OF S.2214'521.4 AND A CHORD LENGTH OF 494.97 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 495.89 FEET TO A POINT IN THE CENTERUNE OF THE STATEN BRANCH; THENCE RUN N-P, C .- 45 C N.w vSOFnE STA as5w0 m 271 + m NORTHWESTERLY ALONG SAID CENTERLINE FOR A DISTANCE OF 3800 FEET MORE OR LESS TO A POINT ON THE SOUTH UNE OF LOT B i '-- :' ' OF AN UNNAMED SUBOMSION, RECORDED IN PLAT BOOK B, PAGE 129 OF THE PUBUC RECORDS ill 4s 6 m C RNI PORE 3.W 275+00 10 37lTHENCE OF ORANGE COUNTY, FLORIDA; THEE RUN S.88•03'01'W., ALONG SAID SOUTH UNE FOR A DISTANCE OF 729.14 J - 1 . FEET TO THE SOUTHWEST CORNER OF SAID LOT ' B - ; THENCE RUN N.4503'50'1., ALONG THE WEST UNE OF LOTS 0.1 C 51 - 84 C m c PUN PROM STA 3313140 10 375+24.02 PRlIL' B' AND ' A' OF SAID UNNAMED SUBOMSION FOR A DISTANCE OF 2100.33 FEET TO A POINT ON THE NORTH UNE OF Iemm , ! 3 C TO C PAM PROLE sus 370+55.00 411+40'50 THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH. RANGE 27 EAST, SAID POINT BEING 529'40'52V.. 411. $ 0 7785 2 - - AND A DISTANCE OF 330.00 FEET FROM THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE i/ S' I 30 6 Pap A ! 5 PLO / R0A3 RUN ALONG THE WESTERLY AND NORTHERLY UNE OF GOVERNMENT LOT 1, SECTION 36, HIP 21 SOUTH, RANGE 27 4 50 C POOR G 0.E le F PLAN / OEMS EAST THE FOLLOWING COURSE AND DISTANCES: 84.04'43'24 - E., FOR A DISTANCE OF 963.60 FEET; HENCE RUN 404 44•• : Alit 3. ` 80 6 PONDS 0. R U. ! K PLAN / DEVILS N 39'28 - E., FOR A DISTANCE OF 382.80 FEET TO A POINT ON THE WEST UNE OF THE SOUTHWEST 1/4 OF i ,/ 4 rr.,: SECTION 31, TOWNSHIP 21 SOUTH, RANGE 26 EAST; THENCE RUN N.00'19'59 W., ALONG SAID WEST UNE FORA 40 \ •• et 6 SFar r+LaES SOMME 1113N7ONa MOOR GEOMETRY DISTANCE OF 1643.36 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE RUN l 45Q . 4 4 • 1 1 4 • es o-1 PLOP STATION / 1 ! TIE RAN No OETO4 N.89'S3'45 ALONG THE NORTH UNE OF SAID ETSOUTHWEST 1/4 FOR A DISTANCE OF 2356.06 FEET TO A POINT i•_4 THE N 31 / 44 OF SECTION 31 4THENNCE RUN S.00 CA DISTANCE OF 00 FEET4 THENCE 0iI' 0 p n 58E MAN N DETAILSo RUN N.89'53'45'E., FOR A DISTANCE OF 210.00 FEET; THENCE RUN 5.00'23'39 - E.. FOR A DISTANCE OF 420.00 4p,4• 84 o-3 OEMS FEET; THENCE RUN N.89'53'45'E., FOR A DISTANCE OF 210.00 FEET TO A POINT ON THE EAST UNE OF AFORESAID n3. 0 DUOS 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31; THENCE RUN 5.00'23'39'E., ALONG SAID EAST UNE FOR A DISTANCE OF 689.50 FEET; THENCE RUN N.89•46'34 - E., ALONG A LINE LYING 120.00 FEET NORTH OF AND PARALLEL SITE as 17 SEVER DUOS TO THE SOUTH UNE OF NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 FOR A DISTANCE OF 1313.25 h D COOS TO A POINT ON THE EAST UNE OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE RUN 5.00'10'13 - E., ENTRANCE ALONG SAID EAST UNE FOR A DISTANCE OF 38.00 FEET; THENCE RUN N.89'413'52 E., ALONG A LINE LYING 82.0 es 0 OE7NLS FEET NORTH OF AND PARALLEL TO THE SOUTH UNE OF NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 FOR A DISTANCE OF 89.73 FEET TO A POINT ON THE WESTERLY RIGHT-OF - WAY LINE OF AFOREMENTIONED OCOEE - APOPKA M 5 DE013 ROAD ( COUNTY ROAD 437), SAID POINT BEING 25.00 WEST OF CENTERUNE, SAID POINT ALSO BEING A POINT ON A m 005 Pap OEIM.S CURVE CONCAVE WLsILRLY, HAVING: A RADIUS OF 1884.86 FEET, A CENTRAL ANGLE OF 0734'48 - , A CHORD BEARING OF 5.14'45'371V. AND A CHORD LENGTH OF 84.87 FEET; THENCE ALONG THE E ARC OF SAID CURVE, AN ARC 71 o-10 OETAP.3 LENGTH OF 84.88 FEET TO A POINT ON SAD SOUTH UNE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE 72 E - RLP stow 11 ! / 2 WE RAN A R5EI1. RUN S.89'48'52'W., ALONG SAID SOUTH UNE FOR A DISTANCE OF 67.87 FEET TO THE SOUTHEAST CORNER OF THE VICINITY YAP NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE RUN S.89'46'34 ALONG AFORESAID SOUTH n 5 - PUMP STATION 11 ! / 2 CONTROLS UNE OF NORTHWEST 1/4 OF THE SOUTHEAST 1/4 FOR A DISTANCE OF 1312.78 FEET TO THE SOUTHEAST CORNER OF THE 8w5E.t8M 74 RNO snaloN / t A / 4 0.744° NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE RUN 5.00'18D6 FOR A DISTANCE OF 1436.20 FEET TO THE POINT OF BEGINNING. lANINICAPE OINNNO3 n L416 NMN9f/PE Nab 4, LOOM CONTAINING 16,398,406 SQUARE FEET OR 376.455 ACRES, MORE OR LESS. n 117.1 MEWL IW S10PC WET LEY 77-84 LHI2 - 1416 IMNR910P5 FLAG LEGAL DESCRIPTION OWNER / APPLICANT x-55 U10I- UE1412 OROICIPE OEMS 97 tote OWEWL ORONO MEET KEY WEST GROVES URE LLLP 50-142 151.1 - Late wow PANS 104 LTIS a.61NL ENOSCNE NEE GIST NAY C/O L.H. WEST, LLC 105 - 111 131 WOIBCME 184¢ mots 423 S. KELLER AD, SUITE 201 132 L.1 TREE DUALS • PLOT UST ORLANDO, FLORIDA 32810 114 1 L3/ .$ 1 w , PLNG PHONE. 407 - 887 - 8989 131 MET MRCS OT OS A PONT UST FAX. 407 - 887 - 9219 122 146 GMEOU. 1111110411014 GAIT KEY 123 UI.l G0201CM PING I -.. ate 124 12.1 ROOM NOBS ! 5Q043 AUGUST, 2001 PPE' I 125 r RAN HAI NO. 99- 092.10 PREPARED BY BY CITY r p p ROVE F DATE R S -- --- CONSTRUCTION 21 El 3 6° HARTMAN .& ASSOCIATES, INC. m „ r „ E , IMN ,,,,. 112 „ d C 100 ineers, h 9 AA... we CI. - M DES W. HIR14 j i T -11-, L ( S I I 0" ,"...........„: 4' g ydrogeCbgists,. surveyors & mans ement consultants M wr4 Or.T.M• •aeb l4yd Oco.e mur77, w, ar j 201 EAST PINE STREET - SUITE 1000 - ORLANDO, FL 32801 1(fFA._ yl/ny111R. T1E3 1 I I I T I N I w 1 TELEPHONE ( 407) 839 - 3955 - FAX ( 407) 839 - 3790 t . g4, IL Scott Vand rg" WO APR 5 2002 , _ t' As . 4. r! f +, L Nr Anse M Aram - . i t e L/.AsL t./ 2 rovt I f c_ - L l milmiwz:!:\ UNt CURVE TABLE CURVE LENGTH RADIUS UNE TABLE MATCH MATCH LINE c - 1 315.83 400.00 9 C-2 523.20 1968.50 1 1 i C-3 336.31 1400.00 C-4 653.63 700.00 UNE LF_NGTH BEARING START NORTH COORD. START EAST COORD. UNE LENGTH BEARING START NORTH COORD. START DST COORD. C-5 478.96 750.00 GRAPHIC SCALE w k C-6 438.85 690 1-1 355.11 S8956481 1552378.0330 479927.5160 L-27 703.45 601'26'05 I W 1555229.6874 477734.7854 \ I: 1 L-2 333.00 N74'43'001 1552447.6351 479410.5122 L-28 670.00 S88•33'55'E 15549758715 477058 2124 14 l' 1 1 t S co limpiialimm . i........i.mm ..4 L-3 516.00 N74'43'061'1 1552535.4031 479089.2835 L-29 140.00 S88'33'551 1554466.3820 477120.4824 C-8 171.86 90.00 kri g a w C-7 272.15 1590.00 1-4 597.88 N51•4654't 1552176.2280 477504.2400 L-30 637.85 N891 1'36 I C-9 88.52 75.00 IN MET ) E 1555016.3054 478059.5448 L-5 634.03 53.5•0918E 15530888531 477638.9123 L-3I 140.00 NO0'48'24'W 1555101.3342 478771.2650 C-1 108.85 75.00 1 inch = 200 ft. L-6 113.76 N5837261 . 1552936.5440 4773727840 L-32 884.63 N8911 1555302.8022 477808.7059 C--11 515.39 900.00 44 0 L-7 316.07 S6035 1552629.5637 477168.7259 L-33 1047.52 601'26'05N/ 15555811682 477363.5189 EAGLE NEST C-12 480.29 838 k i 1 1 I L-8 154.18 N51 1552480.7675 477527.2963 L-34 268.14 N891 1.36NE 1555589.2408 477553.7305 N 1,666,(29.06 04 L-9 427.60 531'22'34"E 1553039.1921 477443.4323 L-35 215.00 58633551 1555665.4052 4770754875 E 479.712.36 50 ROW L-10 428.24 S7B57'41"w 1553432.9911 477941.4186 L-35 695.53 N8711.36 C-15 346.69 1138.04 E 15555992155 478262.1355 Ail C-13 103.09 75.00 C-14 105.42 75.00 1 C-16 9723 20000 L-11 578.98 SOO 1554085.3165 478004.1205 L-37 2355.62 601'26'0N( 5 1555892.3519 477561.3217 I hi 1 C-17 247.19 125.00 L-12 690.53 S8T28'22W - 15536682489 478692.3725 L-38 1259.89 501'26'051V 1555802.7273 4770788266 L-13 343.19 N46 1552894.6952 476853.3318 L-39 556.06 601'26'05'W 1556222.0189 477909.6846 1 § 1:1411144444 C-19 552.35 1438 igil ' 5 L-14 438.51 S532036"E 1553150.3884 476404.7922 L-40 330.25 N7736'48./ 1 1555922.5548 477432.1476 o' L-15 456.75 N46 1553032.2435 476563.5458 L-41 1067.93 N891 1'36"E 1555881.5228 477713.7562 C-20 163.19 100.00 6 , ! t , 04 L-16 43.87 S88'33551 1553568.4575 477269.1750 L-42 240.48 50806'52E 15559326625 478996.8475 IS 7 , - - T.: . L-17 213.65 SO1'26'05"1.1 1553743.8900 477317.4555 L-43 664.74 N891 1 1556179.3949 478270.7975 C-22 122.66 75.00 r 0: C-21 348.05 1738.04 i , L-18 19684 N371650'59 15536726779 _ 4768105137 L-44 303.92 S4614 1556562.4085 477634.2908 ii --v.v.. dAill \ 7 k L-19 573.72 501'2605Ni 1554161.5763 477708.0353 L-46 343.14 N4325201 1556270.7168 477654.2547 I C-23 11296 75.00 RA 0- -- - - N..._ 4 ,......10., ' 0 L-20 685.75 587'28'22 1553956.3665 478688.6408 L-47 163.16 501'26'05N/ 1556055.4585 477565.9066 VA C-24 207.18 500.00 P L-21 140.29 910110 1553739.6350 478764.0.996 L-98 353.43 N4S2.5 1556302.7889 477285.3276 IN i II 190.10 900.00 L-22 783.08 SE95"33‘55 1554173.6945 477224.1631 121.76 S051 3'331V 1556550.8713 478949.1660 kr4 c 170.77 900.00 L-23 863.48 501'26'05V 1555306.4365 478066.8110 L-50 246.92 N44'32'14"E 1556090.6011 479235.7441 C 117.81 7500 1 ' '' P V ' 2 ' 2 ' , \ \ L-24 255.00 S88'33'55"E 1554449.6076 477790.2724 L-51 1099.72 N89'46'341 1556386.0503 479692.4798 411Nk444 1 C-28 117.81 7500 L-52 30.00 N54'59'371 1553174.9250 477818.2847 C 117.81 7500 L-53 400.53 54.6 1553565.0688 476684.8664 1i C-30 117.81 7500 23 ' s!...10,• 1:4•1t1\ P C-31 117.81 75.00 7 Ir 24 >''' K ••,, '/"\ At tel C-32 114.88 75.00 8 >, k40-- i C-33 114.88 75.00 Li / / : 1: . :/', i:44.:, tt 1:1010 - , : : 1 99# : , , • , 4 : ', \ , 54t1 ' 1 : 1 _ I kAtA C-34 117.81 75.00 i' • ' 102 ', 5 8 . \ ,'‘, r-. klikl C-35 138.35 75.00 26 ,) 2 3 < 03 >,,,, c . 16 , ,, s 12 ; 1 1 --.' NO C - 36 127.38 75.00 I 1 C-37 553.28 755.00 V / C-38 285.78 900.00 BM # 4 II 197.60 850.00 C-40 198.32 650.00 C-41 11408 500.00 C-42 117.81 75.00 30 44;'7: ' 08 \ > ( 4 ' ' ' ' . 2:125s 4- s -2- ',- \ : : ' s : s'-'s s \ s 7) - \ . ' - ..• C-43 168.99 647.12 NI LEGEND C-44 308.28 650.00 c ' \ 40 , 2 j ) --' IF 11 ' " r-- ' r ' 0 z 3 3 , 3 ,.. ,, 4 ,‘ s„, v , \ 109 3 c 5_ ,_ 14 11 2_ C10 ................. 44 2 T-- 11_ 84_, ,._ 83 82 1 8 I 802117 1:11 -- --- LI : 7_5 - 1 1 -- jlir C-45 150.12 500.00 SILT FENCE C-46 13248 7500 93 s, s , - 5 O 130 ii '-- - -, '.' i 45 ' •,,,' N.- - 2 2 <, k10 ..„, 23 ` '<-, 3 \ 112_2 r,,, 1 l! al C-47 201.49 850.00 6:5 4' SIDEWALK BY DEVELOPER E 14.6.65 175.00 Illir., 4.)11, if - II' M11,---711- c: 45 1 C-49 238.17 325.00 T1 PHASES 4&5 NIC C-50 241.14 1500.00 132_, 88 1 90 ilia , Ilir 17 la 2i C-51 143.65 1.1 ,•,':' r.' 47 ' / \ * : 014;:ir,, zs,, ,,,, , , 4:,0: < , s,8,733<,,5‘, ) 7,,,,9„., ) 8c,iii \, ,, 8, 2 .,2„,,, ) 87, ,, , 6:.:7_ si<51, : 0 111 i 1 1::: •Dig, , 4\,, , .. . 19 9 i 12, 121 13 Alt ''',,„ 441"›,,.., X\ 0 C-52 156.24 90.00 V \ \ \ \ 0, V \ ta M 9 ,;*, 70 : A.c.:***\ sk5V < 0.‘ / 4 / 1r - 1 r• ,' '' -, / T \ A 3 -. ' 511- 11131 7- 111 •• 5, ,, L 4 4 23 125_ V , 4 4100 , i 68 4 141 .,„____Rm__,_ 2 56.>, .. , 65 > 8 I 49 ' I 48 f 42 1 s ____________ e,,,=3:g.=,,=r-.Alt,•113601s......-0120-:-Tl-- 1 : 7 - - 118- \ i irl 47 j,", < 57 ,) \\ C 64 > k 3\ •,4 „,4 \ 4 • 66 s 65 s-'-62"i t'jakf r7 .---__- T, t. 52 `„ \ < ' 6703_, .,'„,,,:, 4 ,,,,..,,, 1101141 5 • 4 iiiitt, at 00 rif , 23 Ator \'''''•\\''',,,, 57 \ ' ' V4 ‘‘. 4.., \ \ ‘.\\ \ \ ‘ 49 .,' L 5 ,_ 0 111111 3 , NMI 10 , II 11111111 - L J r 5 3:3 \ \ 07. ,, ,C,:, • ,...- 1 mg - i , , s0., ir-- ; do 86 • ,. 24 21i a 4 5.,, •: .„. 4 <, 61 > ' e r v 36 > '\, ' • " VP 0 .0 VI l 451 , [ 44 -' 43 r60 i ,,, 1... ) 0 ... 4 ,8. 4 ., „ 7, L _, _ . L 27 , L 28 !_ i 11 i 34_„ 35 _,' ' ,, 4.,,, j„,/ ' i I, 4 ",,, , 20 t I) , 41 / 21> m . I/ 4 ,,,,,, , 2:: ipll 11 4,: ',„_,,,,,,, 0 ° L .-• 4 1 ' ' 1 CY ( 70 s , iiiiii 1111661211 1 , : 81 I 3 , 14 110111 10 0 5 Po olk44i.144k. I , .' , i0 ( li : 3 ] 7 9 ' 14‘ 4 * A ktV - j ,' ' ' .?), e);› Cia 0 23 , I i _ j 11 1 I EIN WWI i ELI 0044.‘Nk4.4), , tolls N. 0.._ 0 N, r 24 11 j 37 6,r 78 ' ; ' 19. -- A..VelleWaIX‘ ' 0 - 4 .--. 101,41‘..: I 4 I i I I N IN la 1! Er 6A611111Ktliktkitil;-, K ' mkk.%..NP‘1,1 1 1 j. 1 !) 1 1 1 28L- Malin N2F ri 0 1 TEMPORARY EMERGENCY ACCESS 1 r ii 65 I 26 1, ihitinji ,„„ I' 76 i & N_xmlEtk._Iktk....k. SIIIIIIM,MJIM 111.4 0, 1 1-...--.-0_,, ROAD EASDENT ( SEE NOTE 14 Ell 1 ' ISOM INN i 404,-- 441,k‘s, =„ 1,,,,istet-lowii,sm c. 7.7 SHEET G-2A)4 ,-,---- ' ----, ___--- 111 "- , NNIIklt - ‘N-4,, -'4*-& _.: 1J,I, 111il_alltit,NMaittaggtk k' t - 28 Witilti444 .., itilik a Ne -f If / Pli , , A ,' 70,, ) [ 741 t• 11"'` b.- 29 t'.. I-7-- ‘ 414SKX-14%.1114‘1411tck‘‘`47A--_14.%.49..,44:r4A11:11,Lt..1-*'%:ikk.t4"4:1111R.A: IVERAND 32 3 73 a UNE g I ., 31 r - VI: OF OCOEE 7- , 0 7 r 71 ' ' teillt%1/4 ." NbiNk‘tii"t11111W 1 of ei III , all ,_, L ____, _ , 1 _ , m Int:CAlk*Allkfta Otakim APOR 1 VED FOR 1 h i r tab 1 k t 1 S tN14 R WA IVO 11 LS tbItt,.•,:SitisZ;14,*7'Ziie ; k..1 Ilievetit*on I fiN711‘tt‘%**) -•'. 1 N. CON - ' UCTION 6 g o • g , 9- I EINM E #9FAc60Ed oNAIF L D 1 i f s• NthiliA, '' Ury,y7D f 1,' , - IL- .„ eviric-:°' \ IN* NI NE;;;Pet 44 , , ,,,,,,,,,,, 0 ,..._ Al i I ill ELEVATION 101.19 NME 0,!,,,,, 4 b THE CONCEPTUAL DRIVEWAYS LOCATED AS SHOYM ' 4 A• . I Itilliitki‘\\Nk\l':." kIN,A,1 NC%41k444444\41\ \ 1 p ' F •?. ' ., , .; kk k \' 4 tiZ. .. : 1^. :5 .. -" a7 .7° , 1r1 :;% frillIN " I1 \ S t, ,VVIrt ARE IN ACCORDANCE wrrH THE PRELIMINARY crry N in WERAND UNE till ilili 1 . 6k:AIN.MLN,\VA.V.ANkS., it..... '.. 4., tkItt 44 t- JAMES W. eHi tatill% i I II APPROVAL ( PSP) AND THEIR EXACT LOCATIONS ARC N ' i - CM ENGINEERAM IS 11.1. lii BM # 5 BOX CUT ON SE. CORNER OF ify.r4.7 a l ', 11.4,6,761:T ls. tl iii it.m!..LVM.• Nr, V PIP iltlb NM . 16.X.W.V l'''-‘11/4 - ' ' ' ' ' lil 1 15 SUBJECT TO ROL SHE PLAN APPRCNAL OF NE COMM. 4" CONCRETE PAD ( WELL PUMP 14) 6 - - T. t A., - \ -- x .- -%, -...,- N IV \- k. -. \ 1 PROPEliTl. ELEVATION 107.87 MI= 41: km N„,.k• 4. I 4 i r' k _ I__ ogoito. - 5,11.110.-4-.4tem- - 4, ' • ...-; 1 Nef....‘,....---,- - 4.• ..! 41 "-Vmftlilieb.. -- "iisira-041: 1V.* , 0 ':::: N I" ..*"--' - - N=. _. 5 1..r.,--. I n...„,- Net14., I ':zi . ;:t. ' BM # 4 60d NAIL AND DISK LB-58I4 A IN S. FACE OF 14" PALM TREE i 44 fl g ELEVATION 78.32 6111:, I I WE7LAND UNE MATCH UN t i 1 1 r I 4/ 10,00 \ 0101199 \ 91,0210VINOIAG-0/ . ice\ Conceptual Site Plan T.eeead: I 1 0 ' St,eet Tae by Lo E Owner w Erisny WertanA, to Remain r y' l/J - lam Fn•tmg T m Remain r R K E 50' Wetland R.otoat:ou Zone a 1; v l IN P o P P 9_. g N>t,..e T.ailTnul ti 8' Biz Path O aT°Ao Wetland Planting at Rstentio v Te V RETENTIO 11 t NER i ENTRANCE FEATU^ " AND LaNDScAPING INH@QV FMFMS J erg v \ /// BoDLE H P S A DO S N. •,. G{nVL ee \ R `\ mITH THE 25'SAFE S D. IGHT TI UNGLES + " E ECnJN. R REIEMION. E'It R A 55 Pc! ilr s n U1 1 vI I ' R © Via, i ' r rd 4 E 3 tier er — ' G / : y e 1 . ___ - Mr-rimw r- II,`I Nc ,Y _ as1iwS E £ me a iiiii sue Mil S \ \. J aaldlaarolealyd I I _ r - - - - - 1 g Q ' yam ` \\ s4, _ 1 - a s J BICYCLE I e / n i£ rte - ) i / o, , ` r El IE EE ° I I E! ' fE. ; rl o( f r i e \ r T 0 f C ; y 4 .. 1,, t l f-77::.7,:.:7'. j J j E1 EII - A I S _ I i ee I, s 411.4, rhn L S # 2 f 4 O - J Ii a 0 51,,,-,--- = g,.., 13 1 e a 1 1 ` p , . 42 - z final la .,. r.- I, E, e u j !e I er Irm , y4 S9e L1.S D 1 !, i- A £ . semis zri - I.4 iltOr s i, ' y AN 1 r4, J r z,\ c, RE: A ` rn rte I 1 / w . y 7 Ti a - E B'' I I 4 S + J I!0,; 4e R . 6 rw w P C li f O I t a Vii, _ I s [ 7irinn I Ir _ — E AefPoC . all I I I ` 1 ! 1, iJ l `_ - --_- _ 11__ J I Iu il ' i ' ' s•+5ar' f-,. b I i i I • r I YiY1' r I 1 '1d A4 I' _ 1 1 --- 11 e1 I 1 e EE W+ PRIVATE) 1 i al f 1 I ; i I 0 II, - I I r I L ' 1i C RETENTION ll, j 1 s• eE9 \ fi i•• 11 I pp III r I f r I I s nccrus q q o ' a£. 1 I I IE a 1 . I r 51 llf/9 l I I I I I Y1C v pp e.£ I yy4 t I G l i , " \ { Y U,a 1 , : nl i i rr V U I MNN VI E j I I I I i aL I'H' -' Nurn L.4 A_. J , I 1 u u 1 IF! I . I I y - I I , , r a I ,I i li I 1 3 L - f / I O WEST 6JaoVSt ALW,. I i 0 y 1 I I -, NI 11'p L 1 A DECK / PIER 1 f ' / 1 , .11 L I I ' w st, 1111¢57 kl'. 1 k • W I a I 1 I I I . IIM - A, Wb ? L/fIVL gj• ti 5 I l y T I la, , 1! IJPJ - 1 / r° 501 - i - £ 3 T I STABILIZED 12' EMERGENCY ra L T., ACCESS ( TEMPORARY) a 111 i 1 I CI r I II I Sr @ : 14/ , eraE3Er, Ulf Em.E13 i I I J iit /r..etlrN, G h. U ly R i • 1 zj 11 1 I s ii 6 , . I I 11 e T:2-7111,...,,4s Secondary Entry Gateway Location Options 1 G REmmDN I czALE: £ u3 4.e b. ' - 1.67 Ac. OOF \ i /.' s ewsrw N'lxcss 10 1 / 1 cR Opi 4 r`-F 0 43 > ROgo 1$ ct,-,,,+ry r4;: otiQ I U 101 nr ae7 y C "'' IA'' 114's NEfT' ii j FUTURE,. pli` !c CONCEPTUAL NORTH ftCCESS o zoo' aaD' eon' 73iF&GRAPHIC SCALE: 1 A Meyer BongimG n nr ., PAS cr NO HAR iM AN & ASSOCIATES, INC. MB Myers Schmalenberger DESIGNED a. s^ao. }, C°` a ;. m,= t ly AVANT! / WEST GROVE MS1""'""- - ''.""'°°` CONCEPTUAL SITE PLAN 11 A M... a z .1 3.ZVol _ t Pc, ' L1 nN 1 O. 32801 iw i nun.: c,„d . mss raio0 71 » o° r SHEET v - rcoIDU FDI 4 .i.. . I ri 0 i CONDITIONS OF APPROVAL a t % S EXHIBIT " B" OF THE DEVELOPMENT AGREEMENT FILED JUNE 26, 2001 IN THE OFFICIAL RECORDS BOOK 6289, PAGE w a i 4193, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA) 1.11! , 1. The City of Ocoee is subject to the terms. Provisions, and restrictions of F.S. Chapter 163 concerning month% an the issuance of building permits under certain circumstances. The 25. Upon fin a th. I.. on d seen od section West Groves Boure, . had. tress City hoe no lawful authority to exempt o m ry privets entity « Mali from the application of such Slab legislation, and nothing herein shot! M construct are arch on exemption. at kmt 1S Z of fin bnplh of fins tbn f . ap. bw en be planted at a maximum mooing of 50% Along airy walla, ehrrba win M Wanted, such plantings m W Ji / e 2. My damage caused Ocoee- Apopka Road. or damage caused to Tract W ( west Groves Boulevard [ PUbIkD Tract W - 1 ( Wes! Rom Extension [ Rem ID. Trod W - 3 ( Met 26. a. At the B in Initial d time e Developer develops the plum of tn91s-fanU the Y subAvbion, e Developer shall construct, at a minimum, a * Warted rood taro for the portion of West pow 1 ‘,.. Bond Fxrawm (* govern foaming ltheirratono the City, red . H the . construction oath.. matedmated m the project, sax w promptly repaired M» Developer m to) such m without lfNtaton utnty lines, wan. o. opinpkgf other development r time orn» development of the first phase. the aptapplicable ture foe standards at theth Developer's We cost and 3. Teen . nap M no dam from Be properly to CR 437 or to Tract w-1 ( cod Rood Extension [ Phase 11]) or rand w - 3 ( West Rand Extension [ faaa.D wept a M amen . am. landaape butler, entry and corer ana.aP* improw,ne,b, one sidewalks olaOHn,9 Treat w -7 ill et the approved locations shown on the Final Subdivision Pion, common areas, shall be completed prior to to issuance of a certificate of completion for each corresponding I ( Wen Road Extension [Phase 1) and dory West Groves Boob... and b all pp 4. A perpetual, non-exclusive law enforcement. fl easement for dams over an intsmd Mod.. and poem areas shun be granted In favor d the Cllr d Ocoee and other applbabb authorities for 27. Dander ! Sufi tab steps raasoaby required to preserve misting trees which lave a Oat of 8 or more inches ( exd ding crow trees and ' trash' bees) which are . Rhin the PAM. of a emergency eerviroe. fin which buffer wan and road spots w 5. M legal instruments, +rots. indexing but not YmRed to the declaration d eaeartenb, covenants and reetrietion,s, awaiotian documents. dad asst. P Popery an stre ry and utilities toan Yp can ins constructed. W Mat raged. buffer walls. roads, am dill.* facilities shot! b. designee to incorporate 5. N legal association. Ho be dPPrdwa by the Oil' tier to plot a I. co.w.4n9 roPertY to the thaw tram i,m the squired andeap. buffer. as . beet Lem. 8. A of Be ' Overall Ward Plan' Orowin 3 . ' COmtruefbn 28. The master ntoin. plan fa the v, & I Mai! M designed to preserve extent grades a the greatest prat catch possible on individual lot* containing protected tram. The grading pion f« each oopy 9 ) Phasing pan' ( Orawbg 3.(a)]. ' Trod Oatlgnation plan' [ Drawing 3.(b)]. and the Conditions ot let which contains protected item shall also promrve misting Lem to the extent that b memorably practical to do so. Approval [ Drawing 3.(c)] from the Md Subdivision Plan approved by the arty of Oaro..hot be available for review by the prospective buyers H all sole. offices. 29. a e Sub to 29.(b) below, the Dewap.r anal cow with an requirements of M» Subject do Fitt and one Mr governmental the en u natural with jurisdiction dto.. o to be , the wetlands bong preserved in to V 7. PurswM to the submission dated February 14. 2001 from Glutting. Jackson, et ol, to the City of Ocoee, the olmdmunt Marred to Figure f depicts the approxi ote during dry ootloodisturbance, J.. kl o or otter construction below the natural rued fines. Further. the alms babe the otog welbnd fines Map be roped oft Cam mitt fences hall M ' Marled) location of abandoned eagles In tie event Na n does nium to the a ring a Developer ad o i l m ,edbtey Baton. to the wetlands. MonitoringIn order to minimize d disturbances of the wetlands during construction. II ogle. eau oast, management Pier can be Mudded and manta to the l6 FM & waeWS Serried b. The Dewb m implement p and the Florio f eA and Male Canm;dm f« approval m permit ubr agrees p errant 19, 2002Mitigation, Marie, Jackson, ck and et a l to na Plan for Upland Res Inan, Preservation attachments. and W etlD loperagreest on n e West Groves d she as set min in the submission it dated rt. The D oeb ham H obtain ra et n to Hartman d Associates, Inc., c., and its atlachments. The Developer agrees to undertake the Developer aAppropriate Manage ell be provided on Parcels C - 2 and R - 3 as notification to future single Ids purchasers of the intended use of the pods. Signor can be a commitments set rococo in the report. The Devebpo mull obmin approval from me City m deviate mere tom. H.minimum of 32 eq. ft. and placed In locations approved by the sly of Ocoee. 0 . With rsspse! to flood plains and wetlands, the Developer ogre as follows ir 9. Community improvements, as shown on Drawing 3.(b) and related to as Tracts A. B. C. R F, 41. . 1-1, K. K - 1. L, Y. N. P. T. U. V. W - 2, X. Y. Z. Z - 1 and Z - 2, ell be privately - owned I. There Mall be no development in the 100 - year flood plain. and maintained by a homeowner. assodotion, The = Min en and Its associated documents shall comply with the private community standards of Orange Canty RwoluHon No. 96 - 14-22. 10. No devabpment can be allowed within 23' of the 100 - year flood plain « wetlands, accept d locations speaker. approved m part of the Pra6Mn SubdlNtlon Pia,. I. e is acknowledged that the Developer di attempt to do i Latter of MopAmendment m madly the FEM. rap for a portion of the property to be developed en Yawn C-3/C-4 of the dry 1 I mop I. modified b! apogean. p nm.Mal agencies, then the FEMA rap, as modified. Map control the subject developmen and the Developer M not develop b the 11. al existing wbucturw ( including buildings, paver lines. agricultural facilities, eto.). as well as existing Way easements and access ewemente. will removed and / or terminated flood Atom m modified by the plod Amendment o sutwrdtttooth'e n t a does not madlyof t Bon current trap. and portions of me PreliminaryePreliminary SutN own Pan «. p prier to or determined that may ° tteithe 100-year City a modification of the aeneet Preliminary SubM,vielon Plan Mr the Developer can moray 35 during construction of the development redwing those was. developmentdevelopment w that may orree M reflected as being within the 100-,slim flood plain. 1y proposed 12. last Groves Boulevard' nn be designed ea It will provide continuous. urabe motes deem from the entire eubeciLen to CR 437. as depicted on Drawing 3.(a). The Deveoper wit elther W. If the Developer obtain development permits from the St. Joins Riser Water Yanagermet Obb1d, Midi dlow for e wetland a atonement progran. then the Developer may dsvdop In red Village 0 - 3 and C-4 to Tract W ( West Groves Boulevard LPubleD over Went groom Boulevard ( Phase 4, Option A). or over West Grow Bdewrd ( Phase 4, Option B). or a thtd occordaned with those permits. so beg m the development he codetwt with the Pra6minary Subdivision Plan submitted to the City by Be Developer. Without limit.. lib foregoing. the with no par realignmentrealignment aacceptableacceptable m tlh. ( 31y: d taking into amount tin then-availableoeathen-available access inn the Battaglia Pop.rty, TM rood sham hen not hem than two ( 2) unobstructedtcted drtvw sae, tech post-developmentDeveloper acknowledges that the City ew accept the concept d Minn retention d smmmwter m wetland., but only n the wetlands an sal defined as furoBod. enhanced anode In the which dam be a minimum of 12 wide prodded that the Developer may costs t a Larger section ( Kroh a., without Ilmitahan, a 37 paved section that provides W of dssigrated parking on bap ant sstate. te. Mere may Mere iv exceptions W er to this em standard at r Intrusion locations 0 enhancement apsr tom . abeam Nuts d tin wad broken by melon. curb Mond. ing on the ethe sid. o tie road). NotwHMtandi . the one gn shun b. no On-street pakkg eiH . the drive lad. eM permit from SL Johns Pour wet t eD.d ty approed m part d the Find SubdiKMom Pbn. In rn. avemR Be owsl potion of West Groves BsnewM. with said restriction rated on appropriate elanage a d enforced by vie homonym mediation in accordance Oh the homeowners association d000ew,h Prslimirary Subdivision Plan wherein no kntrwbn ro odwnwma d . dams a pwW.d. of wetlands, then the Developer MI submit to the City a modification of the meow. or open . pow purposes Boulevard thin (Phase 4. Optionconstrued as invade. an obligation on the City to require the developer of the Battaglia Property to Tanta. the continuation of Wed Grows Boulevard though West es6ci To the extent any wetlands anagement District the Developer ogress. at the re4nest of the Cry. to H.. Gq bfoe cconservation Be subject papertY law a been dandled to Be St. Jinn Water ob such edam. to the ty for aaewmr, s (« for racreatbnd purposes as approved by the City and the St. Jdm River water Menogwhad District). 13. Mote W ( West Grows Boubv«d ( PAD, W - 1 ( West Road Extension [ Phase ID and W - 3 ( West Road Exmnden [ future]) depicted on Drawing 3.(b) shall be conveyed to the City of Ocoee 30. The subdivision plat for each let Mop provide that al aroinoge ub' Fly, and maintenance easements on bb for single - fanny residential dwelling units, tlal be for the benefit of the J armament to toms contained within the Developers Provided. however, that the Developer Man not be naked to make orty conveyance prior to approval of a Find Subdivision Plan. homeowners association and/or the City of single - family Ode.. but not for the general wind y a( n tie conveyance b to patting than the Devebpr shag be responsible for a Sketch of epptlo and Ilegal daepipti vie led to , the and to be conveyed w91 be shown as a separate wit to be ansbualed a 1M PropMy chap hove a elevation which exceeds the eppT ble 100 - yea food elevation by o 2 trot on the plat StoMOrd City developer agreement provisions Mated to conveyances oval be applicable, including but not limited to e on providing that no road impact fee S&e can 31. The foundation f« sod, n.iae,Bd dwelling be granted for the a H. 9muhaneoo* with construction of the first minimum of one ( 1) tact R - 3. the . MSbna of the Monstru rood chap be maintained the Developer t d the Property. the O enerd Nap construct a stabilized 17 side emergency atom ( temporary) thro Paned 32. All saw ht. to the West Rom Fataripn CI 0- 1 by until West Groves Boulevard from CR 437 to Wage C - 3 / C-4 has been completed. rig rnat. s rightsand all for of eta t o t We thereto Map be asaam to the City. except for Rood Devsipa dam rights -1) d the G d locations as reflected on the Fld Subdivision hconto on Pte. Access .. H for e M lam soecwl a West Grows Boulevard, from Its intersection with west Rom Extension ( Trod W-7) to the Intersection Z Maas ( temporary) Mat be as depicted on Drawig 4. Furteera,e, subject to the apemen of the qty. the Developer may chasm to of Park Drive ( Phase 1), ahoy M dedicated to the Wd Crows Honeownera Association at the tiro. of platting. b. The location of the stabilized 12' Wide Emergency M adju.t the Iocoton d roodod t t hough Par 11-3 so as not to inhibit the development of Part R - 3. V Q 33. TM Developer shall eete for appropriate curb o cute to enable conduction of rands at all rights-of-way interventions dO ( and other reds as reasonably required) in order to a e tAn. is oxen to . In addition to the foregoing, the Developer chap grant to the qty a temporary mass easement m farm and abslanw acceptable to the qty. over Be Stabilized 17 wine Emergency HSwalb and streets for person who an in neaoot oln and other person who an physically damsel. Sidewalk obultkg each plated let Mm be constructed at tin time o Access ( Temporary): the .. anent shall be aHaet oommadng on tin dab of BW first building permit f« a . Ingle - folly residential dwelling unit a tin West Grows community, and const b amNated on Be let When on o,e . h caneboded on corner t at f per location. location. tin ton of n be extended to e. carts am tin appropriate tarps wit tow be terminating upon the completion of West Groves Boulevard from CR 437 to Village C- 3/C-4. constructed. Sidewalk. adjocrot to comma area . hut to constructed at the tinetime d Parame,t construction d adjaeeM common areas. 15. lb. lift stations referenced as Trod E and Trod C on Drawing 3.(b) ell be dedicated to Orange County. AN such lift station. Mall M fenced with black * 1St lain - link Mae. with puts 34. No lot Shot have thereon. ( 1) buildings chid, cover more slam 35 B d the Auer footage of the let, except that bindings which cover up to 40% of the quote footage of the let may and ram pointed block and Mal he net book no less than 25' from any . beet Such lift statue shad oleo be screened with hedge-type shrubbery, etch as viburnum « Sweden. M « xeduded w lag m the Manx, d eonddbned building arm of the building exceeds 1880 eq. 6; and, ( 2) ImpeMOw caries when exceed 50i of the quart footage of the lot. 16. All retention pond. Mrs be unfenced and with slopes lading Into the pond with are no grater than 5-m- 1; and book . lopes no gear than 3-to - L 35. If any Portion of Parcel R - 3 Is developed with knprownsnts other than tl f ° ro 17, n any portion of Part R - 3 ( which Y the large pond zoned R - 3 b d ngb- ts on Ben theePar Mdtvidon plan of such potar,(s) of Parcel R - 3 Man require o ZS' MaMsoape Parcel RR-3 shall ea eeloped for any we which b not currently permitted In the 9 - 1-M mating dhtmiet the developer of ma buffer setback) and a 50' building setback from the m]ocaM Willa - family its d Parcel A-i. pbbat() ( exceptof at the entrances pa nbt a 6' buffer wail along the perimeter Property roes of the portions of Parcel R-3 which an developed for uses not permitted In the R - 1 - M = rag parcel when a wan shall not be required Provld.d, hammer. that in the event Parcel R - 3 Is developed for a use that e.g... a . pedal exception N order for the de to be permitted in on R - 1 - 44 NNrtot then the City may. of M option, eliminate the requirement that a 6' buffer well be constructed. or require another approprab buffer to be constructed. Further, Ong the foregoing provisions of this Condition of Apprwd. If Portal R - 3 it subdivided and a wan ( or other appropriate buffer) is required, then the owns of each portion of the parcel shill conduct the potion of the not (« other appropriate buffer) at the thee of development of its portion of Pavel R - 3. In any case. a 6' buffer win may i... e'I 1 ! r• i-. t be required at the time of Daabpnent Pion approval along Ocoee - Adpko Rood and the Tract W - 1 ( Beet Reed Extension [ Phase in, except at mbonm. No. 95 - 17. 18. H then is a zoning designation which panes residential development or a school on the real Properly which is edjaeeM to the southern boundary of Parcel C-2 ( the + 20 acre - part 39. No n shag undertake b dad C - 2) when Pod C - 2 m developed. then the owner of Parcel C-2 Nan construct a 8' bar wall tag the entire . ounwn baedary d Pad C - 2. If then b no zoning been a 96e or Bv. removal of protected tree without e e o in a permit ram the edtmg le reasonable The mewl of promoted pees shall e be f« residential development a a admen on the mjocent southern boundary when Parcel C-2 h developed, , then no sad wall shall required. Fathantoe, no wan * hall be required designation minimized to the minimum extent poewM and no ounarizatbn shall be granted to remove a free if the Developer has failed to take nasenobb measures to preserve a specimen or historic anthem r motets boundaries o Pawl C - 2. Thin provision Mat not exempt the properly from the general sassing proNNane of Ordinance No. 99-23. F« developed'l the tree. mmeans Be imarmee d e buildibuilding permit f« o amne Jot etruchae in accordance wwith tle FinalFinalSSubdivisionPlop approved by the City. 40. Nothing herein chap be amerced to win any provban of Be Land Dm 19. a. With the exception of Tract W ( Win Groves Boulevard [ Ph.D. W - 7 Subdivision Phan. Development Cade except to the extent impress. set forth on the Waiver Table « slime, set out an the PnNlminary N West Rood Externem [ ease ID, end W - 3 ( West Rood Extenetan ( futureD, which Meg be conveyed to the Ocoee. pursuant to Condition of Appal O 13, abase, an other roods within the eubeeislon Map be private roads. which can be owned and maintained by the homaoenne asmecoUon. d 41. In order to . aanmodets the * calory sewer system Inrreetrvdbwe that nfl be constructed with the initial Phase 1 avNaper coot develop rod W - 1 ( cow! Road Extension [ Phase shall how the ht but not the phase. d development will be provided at the time the initial phase of development b platted. phase of development temporary utility commode ever land located In future N d Developer Mail not be D' The right obligation, to develop Tract W - 3 ( Wove Rood Extension fubn The 42. 41 obligated to hardtops the net along Tract W - 3 ( West Rom Extension [ futur.D aril the saner d ( a) the aeelbBon of the road whin Tract W - 3 ( West Road Extension n Potash C - 2 or fl - 3 an evewer subdividedld.d m F,to wnastaler penasle. fhav sip follow tie WC wbdMtlon gguidelines m effect at Bat tkn, including the regulations aeribed h Ordinance No. 0 b. The D f reD by the City or its designee, r ( b) Be completion of the development of the Singe - family lob within VMoges C - 3 and C-4. n - 23. 0. The Devebpsr Man construct Retention Pam A to provide drainage capacity f« Tract W - 3 dad Rood Extension LnthrsD. The City Al red oppose the fiaoNon into the ap pp Winn Area 5C4. Minn there one a large number d existing trees, Nee oval be no grading « removal of bees done with the conduction of the eob cddon i mprovannt. d mdotdud CD > adjacent wetland. dw to tin expansion d Retention Pond A. so bog as tin requirements of thee St. John. Rae Water Mongemeot Distiot an met bu lding penult for tin hou e. Protected trees, unbr Improved by the CRty with Be Final Subdivision Pan. My grading r law teasel necessary for the hose Pads will be done with the to m d. The Developer shall prods a drainage ornament within Tract K - 1 for w in the commence of dorm drainage from Treat W - 3 ( West Rood Extension [ future]) to Retention Pond A. The 44, TM kndecped boot slag the West Road Extension ( Trod T) shot haw tree* planted 30' and shrvbs Devsbper is not responsibleresponsible for conveyance d dto mvater from Trod W - 3 ( West Road Extension [ Mum)) to Retention Pond A. cacti. scary plated along at bast 25% of ihs length of the satl on the quads of the 4.0 20. Subject to Condition of Approval ! 4 abov. West Grows Boulevard Mall remain dosed to the general public. NI seared entry gates shall be quipped with on Opdoom system device ( or 45. M single-fared dams of this a bdrosion will be under a Mader Homeowners Association, which shall ooh and be similar de as approved by the City of Ocoee) to allow emergency atom M to the eNYN ti on by n / ncr othemergency ae. po. and other emergency response M ardent. within rtpensepersonnel. ne R responsible n fro the se sMn c e ell amnion agem am awe. Z vice de be permittedh o. 0 i e oner private roads within the eobdMNen. and Nall be entitled to aeon through any of the ete gates within the residol portion of the sebNNeons. 1do rom nee d into the oond homeowners association doiumenyma butt trailer parking ( and etorope), maintenance of Ammon co0itied, ' assessment dhetbn and nanmanagement can M Z rcpt as show the n on e Final Subdivision Pan. M 46. M wdegraad utilities Map comply with Ordinance No. 95-17, which requires p.deetahrauded utility boxee to be pram back off the street. no woe via 5' forward of the front 21. Carded. of completion for Improvements for an Villages ( except Village C - 3 and C-4) shall Mimed without an odes. rood eonn.ding CR 437 to Village C - 3 through the waneoy bolding setback One. on at residential Into which are km than 70' in wkth, where the lots abut the street right - d - say line. access, Tod W ( West Grow. Boulevard LPObIIOD• The Guy Man not issue a building permit for dry houses constructed within Village C- 3/C-4, unites on aloes rood connecting to Mtge c-a has been commenced. FuMern en the City snap not hoe o .. rtMoats of occupancy for any hares conducted within * Mogen C-3/C-4 M m the portion of Trod W ( West Groves 47. Each Boulevard [ Pubic]) canna*. CR 437 to C-3 has been oomLted and extended to conned with the phase of . County . oak . land on its own with repeat to public services ( sawn. water, . tormwoter management. access and drew related wepem). Water and beer erodes to Wage north/south portion of west Groves Boulevard ( Phase 1) ordered within Mop be provided by Drag. Cauchy Pudic Utilities. per executed Development , Igr eon mt. 22. M 4$. Wilms otherwise spedIIeoI agreed to by the City of Ocoee, the phasing Map be squeMW m provided on ° rowing 3.(o). 2 single-fanoly rsddn doling cob M be In e private , gated coma*/ . 91. pinata made, eidwe4., and Mated * NM. Each a6NMMWn pot ( r a avant* document) Man Include an easement fen pedeeHan and Mycle-rllg pone over the paved Meets and WbgBe In favor of all Audis* end one* pardl / arp.Mpn trawling to and from gmle. The 49. In the event the project proceeds with the West Groves Boulevard a No other moment* shall reebtt come to the tin In bath public schools a• open for see by docket. ( arch 90 minutes Wore. a d 90 minutes after the schools are eon fe use students). Plugs s. Option A). N. West Craved Boulevard ( Phase 4. Option 8) Mull be laorpardmd into Troche R - 2 and R - 5. OK Ater inn.., there Mall H. Se such eamrnwd for and aedWdon bicycle agatother Fa Null be Nod by the ba,MWoW of the aoweWd. such a.. without t an 50. The m It NM - mit acmes points oan CR 437 to Parcel R - 3. as Moen on 4. te an as and npee& nl faeafine dl oamwn anew re aM aealbnd bathe and Ober facile= Mall be for the benefit d the winded. of the object Man M fait the pooedw= far cawing the ebbs to W= the foregoing ndddrrnerR to0ly M Rawly. The rrbbtlre carman. presented for Be pad zoned R-3, the enndee anticipated to be a Aey - o ti00 al entrance/moat be f« ge y a sled elan Is i City win .. tad. the dna,mMmnas. and determine whether it needs to be my operational. « If n can be for i..... r• n .!.. 7t. of - p 1..w. cp b .w . y+:, patch, oat.a« A. dwhoe NN a 90 el On as m m eq. ft. meeting on which h no I vi 1000 . of meeting - noon pods. Other than runnel Building • • mrert review far the issuancence permits, the Cty dap w no anditsetuJ 1 of the clubhouse. j3+ RFFFRF/ICE TARE 24. AN 0011011••11.1 shown on the ProWdnary Suedtvimlon Plan MI be sized to requirements meet City and appropriately shown on the Find Subdivision Plan The Fiat Subdivision Plan MI dm 0 i iR provide for 5' utility area dramas easements on m viae lot lines, one If unity and drainage easements edjacaM to on street rights-of-way on the plotted ESE LJ tted lot,. p, r OP 7l DRAWING 3 G-5 a C - 1 CRY OF OCOEE It 096904 3(e) C -1 I DRAwwa 3(b) C-2 APPROVED FOR DRAWHIG 3(c) G-2A 3(d) G-2a DRA16n' CONSTRUCTION nuwic 4 c - 1 a 0-6 al. 17 200 i 110 JAMES W. SHIRR P.E. w CRYENGINEEItNTIUTIFS DIRECTOR 4 xwmo avnn- xm.,oaa swsuae O u m J +o $COO°=c i J° a e e U abvq,` - w..o • c E f r tT ce O W M TII CD Jt y o s8'' o .a$1 a o _p P V RRm «$2 x L B li S i EY¢a 's 3 e- • q C s: u o o E E E °Y $k Y a o o f y ,..O N gl A 0 1 t f A l e "u:, -' s w 8, (> E o8x . .d` N .r,., /'. Sl Vt O j kN cm E ¢z Y Qt Q. : :4- , rt Z o° m 1D'')6 ooe,. {AC1 . 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N2 m L^ 8' x g. k 7X k a Sofa Sib RJS3gR "h 8 Q 9 R $ b k a t e 1 k k1 «yR 8 8'10WIVEW X4 i, e t ta m LUZ°A i fi ;' O Y4 z 'b 3 R k k mn$8m eg x k 4 8 TS„-.. z89 .g < X n4 b 8 W , ; 00A 1i4e A4 '4NOX W I I J 42 k < k zzz=z - z -zp • IAISC= 18 V W e 3 k N k E d 8 d Fk S W;iA h-g esesel,ogs 3Y3 Y 33 6^ a e@ Fa p 4 M. k k8 s g m $< e a e k § Y n YS87x x x 2 CYukb 4zzzzzzzzzzz.mP8_ e 8az W E S T Y N BAY PHASE 1 SHEET 2 OF 8 I PLAT 54 PAGE 30 PORTIONS OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 27 EAST AND SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST AND SECTION 31, TOWNSHIP 21 SOUTH, RANGE 28 EAST P ORDINARY RICH WATER LANE k'' n W AND SECTION 36 TOWNSHIP 21 SOUTH RANGE 27 EAST ELEYA nDN sz4 NS1 AICTC ) FF S JgINS RIVER MANAGEMENT DISIRIET rn n Srn _ Yry iier; 4`i CITY OF OCOEE ORANGE COUNTY, FLORIDA N6t4 N ]4zD04 E 55'1 0 N62'58'08"E j 38.]1' Q 2144704 N51'SO,O 72,37'8]' N } ' 28' NOTE 10 ORDIWARY HIGH WATER LINE E TRACT M F= INC ORDINARY HIGH WATER UNE LIES BETWEEN THE HISTORICAL LOW WATER ELEVATION 136.91' 55'49'04 " E TRACT R-5 2 p OF 64.04 IN 1926 AND THE HISTORICAL 719:41 w 69.0 IN , 953 THE EXACT ELEVATION 124.41' HAS NOT BEEN DETERIaNEO AT THIS TIME THE WATER BOUNDARY IS AMBULATORY AND G N68'O6'S]S ,,' I WILL CHANGE OVER TINE BASED 0N LAKE LEVEL FLUCTUATION. THIS LAKE HIGH WATER 4' N6054'38"E 109.84E ] ' CONDITIONS ARE CURRENTLY CONTROLLED BY THE LAKE DORA WEIR SET BY ORANGE 13096' COUNTY AT ELEVATION 67.55 1:56'14'19•E I I N5125/06';''' TRACT L G` 1 2.31' N5C'„•46"E 111 130.56' Ill r y / / N43 ' 1s E Ill 553 I / 136.05• N J j '0i/ Nnz I TRACT W I i-4 47 4 1 I 3JZS k VIVA Jar N33 •J33.25 . l 5.35' . TRACT Cl Q W N22'29'S3 " E PER GR AND ACCESS EASFNpl7 7/A, j. PG 1 / , ; ros.33' r Cb 8- a:SrmissmY % // N 12722' A Q A AR oPro N14 f20.6r , V14- I I I F Q J 0 ..,,,,.- r,,„,:,„,,,, .. I N227;63 4'E I d , (/(//V 59' I-. 1-4 1 I- e'r / . 1.71 , I I 11 Q 09.41' 1 d • •. ' / / „',/ NI6z2 , 20 TEMPORARY UTILITY rr 11 T AND ACCESS EASEMENT i I / / / 1 r PEO.R. PG Y N1T1 O6 I E L 7.1. . gq@ILI i 7.A A N09 ! c Ir l 4 249) J 1 I 11566' Q d E ' r J KEY MAP 3 I 2 1704 395.Or N714598s8 I N21'49 33.65• EE7n 11 OIgr3 . 31T i Hn y 1 16.96 fffQQQiii Q (ELEVATION 67.4NGORDINARYHIGH WATT LINE E EL 1929) J5 ' 2 E 1 P PER 5T MA NAGEJOHNS MENTpISTEIDER WATTT NAGERICi 1ITH'00'E 4 l ` 45.53' J N21'33'S2 " E C 1y N29 8 7 12776 G\ I 1 Q CT D iii --- 0 a• N3]Y9'f6"E A Y , i w: w 1 I II 0 Ore 135.26• t [- A dl El OCIOCCID.g e NJ6V0 G w alta irlD0000000 Id 29 ww Bpi floacloacparlactintipti g N34103.7 ' N2C56'S o , 03.78'2 "E G G N0000'00'E 0 4 6]46' TRACT R-6 4,:/ b 1 740*A 44* " A 4 11 4al 40 A 4 6 et/41> ,,,, , 0 ,.., a, TRACT Z 44z9V1 1 ) 4 V fr 7 41% 0IA*. i 1 ltd,NA40- 4IIIII0 4 > C1).4- ' W - woor ti TRACTC t , TRACT K - 1 e, 1/ fin SEARS TRACT R 5 ki NOT - FLATTEDATIID p 1 / / / ' GRAPHIC SCALE geffC SENQ m COMPANY a E Inch asoo a 315 N Forwent Avow Orlando, Florida 32809 14071 897 - 6220 l l 1 f ! JAMES A. GUSTINO, P.A. r Z5 MAY 0 Ove cacti ci t pc t nnatt c il I P.O.Puxri07 ":,`:'inrer< =3;, en,IT 31777 mil ail U' In LIMA in ht i t ,Tinnyvy -.c% , 1 107 ' f tit May 16, 2013 005 9,:1 I ; , City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: Sherry Seaver Re: Westyn Bay Community Association, Inc. — Request for Amendments to Final Subdivision Plan and Development Agreement Dear Ms. Seaver: The undersigned counsel represents Westyn Bay Community Association, Inc. ( "Westyn Bay ") in presenting this request for amendments to that certain Development Agreement entered into by and between Tom West, Inc., Tom West, individually and as Trustee, South Apopka Citrus Fruit Company and the City dated June 5, 2001 and recorded on June 26, 2001 in Official Records Book 6289, Page 4193, as assigned to West Groves Venture L.L.L.P. pursuant to that certain Assignment Transferring Entitlements executed by South Apopka Citrus Fruit Company, Tom West, Inc. and Tom West, Trustee, to and in favor of West Groves Venture L.L.L.P. dated as of July 27, 2001, as assumed by West Groves Venture L.L.L.P. pursuant to that certain Assumption of Development Agreement executed by West Groves Venture L.L.L.P. dated as of July 27, 2001, and recorded on February 20, 2003 in Official Records Book 6795, Page 4960, and as amended by that certain First Amendment to Development Agreement dated as of June 5, 2003 and recorded on June 23, 2003 in Official Records Book 6966, Page 2474, all of the Public Records of Orange County, Florida (the "Development Agreement ") and the approved West Groves Final Subdivision Plan for Phases I, 2 & 3 (the "Final Subdivision Plan "). Specifically, Westyn Bay requests the deletion of conditions 22 and 37 in both the Development Agreement and in the Final Subdivision Plan. Condition 22 in the Development Agreement and the Final Subdivision Plan prescribes an easement through the gated Westyn Bay community for pedestrian and bicycle- riding purposes over the privately owned roads and sidewalks of Westyn Bay in favor of "all students and their parents /supervisors traveling to and from schools." Condition 37 in the Development Agreement and the Final Subdivision Plan prescribes that a street tree shall be planted in front of each single family lot between the sidewalk and the curb (with two such trees required on all corner lots). 1. Proposed Deletion of Condition 22 (Easement) In order to give effect to the easement prescribed by Condition 22, Westyn Bay's developer constructed a gate that is opened during the required hours to allow access through the Westyn Bay community to the students and parents of the neighboring Vineyards community. Although this certainly made sense at the time since the students of the Vineyards community had no safe, public sidewalks on which to travel to school when Condition 22 was adopted, that is no longer the case. The students (and their parents /supervisors) now have a safe and practical way to travel to the neighborhood area schools (via public sidewalks) that does not require the intrusion into, and unnecessary expense to, the Westyn Bay community. Westyn Bay's residents wish to maintain the integrity of their private gated community, and elimination of the aforementioned easement condition would allow them to realize that goal. Additionally, the existence of the easement gate has created a number of serious problems for Westyn Bay. Trespassing through the gate into the community is rampant and this has led to the use of Westyn Bay's private amenities by non - residents — notwithstanding the explicit prohibition of this in Condition 22. Additionally, the gate has been subject to repeated vandalism when attempts have been made to lock it outside of the required hours, and it has proven costly to maintain. If the city approves removal of the gate, the Westyn Bay Community Association intends to remove both the gate and the associated PVC fencing and erect a block wall trimmed and painted in the same fashion as similar walls in the community. 2. Proposed Deletion of Condition 37 (Street Trees) Unfortunately, adoption of the street tree requirement has created serious unintended consequences for Westyn Bay that counsel its elimination. Specifically, since the area between the curb and the sidewalk is quite narrow, the trees, which at the urging of the city at the time are almost all live oaks, tend to wreak significant destruction to sidewalks and underground pipes as they grow and mature. Milling the buckled sidewalks alone costs Westyn Bay approximately 300.00 per incident, and this is only a temporary fix (and an unsightly one at that). This maintenance problem will only become more serious and costly over time for Westyn Bay given the number of these street trees (approximately 700) and the extreme root growth for which live oak trees are known as they mature. There are documented cases of other homeowner's associations in the area that have suffered over $200,000 in damage from such trees Aside from the enormous maintenance cost to Westyn Bay over time, the constant buckling of sidewalks by these growing street trees creates a huge legal liability for Westyn Bay from potential trip and fall incidents. Humbly put, Westyn Bay cannot afford this street tree requirement. Westyn Bay maintains extensive conservation areas, lush landscaping of Westyn Bay Blvd., and appreciates the significant value trees impart to a community. Westyn Bay shall continue to require that each improved lot have a minimum of three (3) trees, and will offer homeowners the option to relocate their street trees onto a more suitable placement area on their property. If the homeowners already have three (3) trees and are not interested in replanting the street tree on their property, Westyn Bay will gladly offer these trees to the City of Ocoee or other residents of the City of Ocoee. Westyn Bay also shall offer each homeowner the option to keep the street trees where they are at present provided that the homeowner signs an agreement assuming sole and exclusive responsibility for any damages caused by that tree. Westyn Bay also requests that a single permit be issued to it at no cost to effect the removal and relocation of the street trees, which we understand is agreeable to City staff. Thank you for your time and attention to the foregoing amendment requests. Westyn Bay understands that the proposed amendment of the Developer's Agreement requires Commission action only, but that the amendment of the Final Subdivision Plans requires a public hearing (for which it is prepared to pay the associated legal advertising costs). We look forward to hearing back from you a r earliest convenience. Thank you. Respectfu y submitted, James A. Gustino Cc: Board of Directors, Westyn Bay Community Association, Inc. ITEM NUMBER IV. B. PUBLIC HEARING ARBOURS AT CROWN POINT PUD REZONING TO PUD Mayor Commissioners S. Scott Vandergrift 40.Ir John Grogan, District 1 Rosemary Wilson, District 2 City Manager Rusty Johnson, District 3 Robert Frank Y O (Joel F. Keller, District 4 florida TO:The Planning & Zoning Commission FROM:Michael Rumer, City Planner DATE:August 13, 2013 RE:Arbours at Crown Point Rezoning from I -1 (Light Industrial) to PUD and PUD Land Use Plan Project # RZ- 13 -04 -02 ISSUE: Should the Planning and Zoning Commission recommend approval of a request for the rezoning from I -1 (Light Industrial) to PUD (Planned Unit Development) on 28.1 acres of land for a proposed mixed use development consisting of light industrial, commercial and multi- family units, and recommend approval of the associated Arbours at Crown Point PUD Land Use plan? BACKGROUND: The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1 acres in size, and is currently vacant except for an abandoned agricultural structure. The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the eastern property line. Access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located with Orange County approval. The applicant is proposing to rezone the property from I -1 to Planned Unit Development (PUD) for the purpose of developing a mixed use community that combines 192 multi - family apartments with future commercial and light industrial. Access is proposed via an existing entrance off West Road. An internal road dedicated to the public will be constructed by the applicant. 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 Public Facility A -1 (Agriculture)Reclaimed Water Facility Winter Garden) East Low Density Residential A -1 (Agriculture)Vacant Parcel South ROW N/A West Road West Commercial /Industrial PUD Commercial Vacant Parcel P &Z Meeting Date: August 13, 2013 Project: Arbours at Crown Point PUD Project Number(s): RZ- 13 -04 -02 DISCUSSION: The rezoning from I -1 (Light Industrial) to Planned Unit Development allowing high density residential in a Light Industrial Future Land Use designation is permitted via the City of Ocoee Comprehensive Plan. Therefore, no land use change is being requested. The Comprehensive Plan states in the definition of land uses that: "...but shall also permit secondary mixed uses offices and commercial and high density residential within mixed use projects." The Arbours at Crown Point PUD Land Use Plan proposes 192 multi - family units and 106,000 sq. ft. of non - residential uses. The residential density of the project will achieve 11 dwelling units an acre. The developer has proposed to construct a full access road through the property to provide access to the vacant properties on the east side. The apartments will be gated with private roads accessed from the new internal public road. The developer has proposed on -site amenities that will be constructed during various phases of development. The main on -site amenity that will be constructed is a clubhouse and community pool. This is proposed to be constructed at the entrance of the development concurrent with the first phase of construction. In addition to the clubhouse, other amenities such as open space and connection to the West Orange Trail will be provided. TRAFFIC ANALYSIS: A traffic Study was provided and approved by City Staff and the City's consulting transportation planning consultant. The traffic study indicated no transportation concurrency issues. This means that the trips generated from the 192 multi - family units and the 106,000 sq. ft. of non- residential use will not make any of the road sections within a one -mile radius fail the adopted level of service. The traffic study did indicate operational issues with the turning movements at Fullers Cross Road and Ocoee Apopka Road. The project will mitigate the turning movement issue by paying a proportionate share payment for a northbound to westbound left turn and a southbound to eastbound left turn on Ocoee Apopka Road. SCHOOL CONCURRENCY: A finding of school capacity was provided by Orange County Public Schools on May 1, 2013, with a determination that there is not sufficient capacity to support the development of 192 multi - family total residential units. The Finding of School Capacity Determination found that the project fails in capacity for elementary and middle school aged students. The applicant is working toward a mitigation plan with the Orange County School Board. WEKIVA STUDY AREA The site is located within the Wekiva Study Area. The site contains class "A" soils and must maintain 35% open space within the areas with the class "A" soils. Other development criteria meeting the Comprehensive plan will be met. 2 P &Z Meeting Date: August 13, 2013 Project: Arbours at Crown Point PUD Project Number(s): RZ- 13 -04 -02 UTILITIES The project is not located within the City of Ocoee utility service area. Water and Service will be provided by Orange County. Reclaimed water will be provided from the City. PROPOSED WAIVERS/ REQUESTS: No waivers requested DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on August 7, 2013, and reviewed the Proposed PUD Rezoning and PUD Land Use Plan. No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the PUD Land Use Plan /Rezoning for Arbours at Crown Point PUD subject to addressing all final comments. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend approval of the PUD Land Use Plan /Rezoning for Arbours at Crown Point PUD subject to the satisfaction of the outstanding staff comments. Attachments: Location Map FLU Map Zoning Map Aerial Map Arbours at Crown Point PUD Rendering Pictures Land Use Plan School Capacity Determination 2nd Review Comments dated July 8, 2013 3 Arbours at Crown Point PUD Location Map 11111111111l DIV V#74 W punk r 1 7 11 r 111111 O IrkEMMA 1115: Sri , lir r I n:nnnn uttnn il E i ram A\ v _ _Illr+::_ g==rit i j A II 1P I oad X29 11.11 S , ate k 0 glair—Mil IIIM con. MEI 11 ex 11 a EMI L EMI41IICrosf 1 III CIMA 1 ii epCOE A- Omee community Development Dept/ b . t i roh=600 Met 2001M 0 200 000 600 FWt Lj J I_ I OSubject Property Low Density Residential Medium Density Residential High Density Residential Professional Offices and Services Commercial Light Industrial Heavy Industrial Conservafion/Floodplains Recreation and Open Space Public Facilities/Institutional Lakes and Water Bodies Arbours at Crown Point PUD Surrounding Future Land Use Map 9 Road 5<a�6 / AZ9 oyd S��eR J Arbours at Crown Point PUD Surrounding Zoning Map co Ocoee commumry Devebpment 1 inch = 600 feet 210105 0 210 420 630 Feet QSubject Property Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) Unclassified Lakes and Water Bodies Cr • la__ 1 1 marOS Cabernet L mit.. .. 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'soft i 7 i X11 Z1 • i T1 T - r 7'"%k Issued for: City of Ocoee Date Issued: March 28, 2013 Latest Issue: July 31, 2013 2243 West Road Ocoee, Florida Parcel IDs # 06-22 28-2856 00 -010 06-22 28-0000 00 046 No.Drawing Title C00 Cover Sheet CO1 Aerial/ Existing Conditions Plan CO2 Land Use Plan CO3 Conceptual Plan C04 Proposed PUD Conditions of Approval ALL - A1.3 Typical Elevations SVl Boundary Survey LEGAL DESCRIPTIONS Latest Issu 7/31/13 6/25/13 7/31/13 6/25/13 6/25/13 12/12/12 7/31/13 PARCEL l: Tract 1, FOUNTAINS WEST, according to the plat thereof, as recorded in Plat Book 72, Pages 111 through 116, inclusive, of the Public Records of Orange County, Florida. PARCEL 2: That part of the Southeast 1/4 of the Northeast 1/4, Section 6, Township 22 South, Range 28 East, Orange County, Florida, lying East of the following described line:From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida, run South 87 °35'43" West 450.70 feet for the POINT OF BEGINNING, said POINT OF BEGINNING being North 87 035'43" East 2030.20 feet from a 4" x 4 concrete monument; thence run North 04 °31'33" West 46.03 feet to a 4" x 4" concrete monument with disk stamped "RLS 1585 and RLS 1819"; thence continue North 04 °31'33" West 1135.48 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819 "; thence continue North 04 °31'33" West 60 feet, more or less, to a point on the North boundary of the aforesaid Southeast 1/4 of the Northeast 1/4, said point being the termination of the aforesaid described line. LESS: 30 foot right -of -way for West Road on the South, according to Right -of -Way Agreement recorded in Deed Book 736, Page 273. LESS: A strip of land 50 feet in width along the East line of the parcel of land described in Deed Book 736, Page 273, of the Public Records of Orange' County, Florida; also being the East 50 feet of the Southeast quarter of the Northeast quarter of Section 6, Township 22 South, Range 28 East: Less the South 30 feet thereof being more particularly described as follows: Commence at the Northeast corner of said Section 6; thence South 04 °07'53" West along the East line of said Section 1161.38 feet to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 6; said corner also being the POINT OF BEGINNING; thence continue South 04 °07'53" West along said East line 1290.44 feet to a point on the North right-of-way of West Road; thence South 86 °38'36" West along said North right -of -way 50.43 feet to a point on the West line of the aforesaid East 50 feet to the Southeast quarter of the Northeast quarter of Section 6; thence North 04 °07'53" East along said West line 1290.55 feet to a point on the North line of said Southeast quarter of the Northeast quarter of Section 6; thence North 86 ° 46'40" East along said North line 50.42 feet to the POINT OF BEGINNING. (Deeded to Orange County in Official Records Book 4938, Page 4527.) Owner: W O R Y INVESTORS LLC 235 S Bear Pointe Dr Lake Placid, FL 33852 THOMAS MILT PO Box 1028 Ocoee, FL 34761 Planner, Engineer & Surveyor: VHB MillerSellen 225 E. Robinson Street, Suite 300 Orlando, Fl. 32801 407) 839 -4006 Fax: (407) 839 -4008 Architect: McKean & Associates Architects, LLC 2815 Zelda Road Montgomery, AL 36106 334) 272 -4044 Arbours at Crown Point PUD - PUD Rezoning The Mayor and City Commissioners on September 17, 2013, under Agenda Section H, Item 14, approved the change in the zoning classification for Arbours at Crown Point PUD Rezoning, if ' Scolt Vandergrift, Mayor Att ,,t/j erk / ON WEST a 1% MillerSellen Vanasse, Hangen & Brustlin, Inc. 225 E. Robinson Street, Suite 300 Orlando, Florida 32801 407 - 839 -4006 - FAX 407 - 839 -4008 Certificate of Authorization Number 3932 Project Title Arbours at Crown Point City of Ocoee, Florida fi AUG Ua coo 0 o, DVER— COO.DWG FL0RDATA\projects\61798 00 Arbour —Ocoee Parcels\cod\up\pinnset\61798— Aerial— EC— C01.dwg _ Soils Map Legend Soil Boundary 135 1 yRS 1010 155 Contours Wetlands SOIL TYPES 20 Immokalee 34 Pomello (0% - 5% slopes) 46 Tavares (0% - 5% slopes) 47 Tavares - Millhopper (0% - 5% slopes) NotPc Subject property is currently vacant. No wetlands on subject property No floodplain on site N 200 0 200 400 SCALE IN FEET Access Pl M illerSellen Planning Transportation Land Development Environmental Services 225 E. Robinson Street, Suite 300 Orlando, Florida 32801 407 - 839 -4006 • FAX 407 - 839 -4008 Certificate of Authorization Number 3932 Project Title Arbours at Crown Point IRAMI City of Ocoee, Florida Drawing Title Aerial/ Existing Conditons Plan Drawing C01 Scale Sheet of 1 4 Date Project Number REV: 06/07/2013 61798.00 06/25/2013 61798— tlordata \projects \ 61798.00 Arbour — SITE DATUM GENERAL DATA - PROPOSED PUD TOTAL ACREAGE: FUTURE LAND USE: CURRENT ZONING: PROPOSED ZONING: PROPOSED PUD STANDARDS ACREAGE NUMBER OF UNITS DENSITY /INTENSITY MAX BUILDING HEIGHT: MAX BUILDING COVERAGE: MAX IMPERVIOUS SURFACE MIN LIVING AREA: BUILDING SEPARATION: 2 -STORY 3 -STORY SETBACKS: FRONT: SIDE: REAR: TRIP GENERATION 28.1 LIGHT INDUSTRIAL 1 -1 (LIGHT MANUFACTURING & WAREHOUSING) PUD RESIDENTIAL NON- RESID ENTIAL 17.5 10.6 192 MULTI - FAMILY 106,000 SF 11 DU /AC 0.23 3 -STORY 2 -STORY 30%30% 80%70% 650 SF 7,0.53 20 FEET(30 FEET W/ OPENINGS) 20 FEET(30 FEET W/ OPENINGS) 30 FEET(40 FEET W/ OPENINGS) 35 FEET 35 FEET 10 FEET 10 FEET 40 FEET 10 FEET OFF - STREET: TOTAL: OPEN SPACE DATA REQUIRED: PROVIDED: REQUIRED PROVIDED 432 SPACES 432 SPACES 432 SPACES 432 SPACES RECREATION DATA 9.8 AC (35 %) REQUIRED: 3.32 AC (4 AC/ 1000 PPL) 9.8 AC 280 HD @ 2.96 PPL /MF UNIT= 829 PPL MISCELLANEOUS WATER SERVICE: SEWER SERVICE: ELECTRIC SERVICE: FIRE PROTECTION: POLICE: SCHOOL AGE POPULATION PHASING: OWNERSHIP /MAINTENANCE POTABLE WATER SANITARY SEWER REUSE RECREATION AREAS LANDSCAPE AREAS STORMWATER PONDS PARKS GENERAL NOTES 829/1000 = 0.829 X 4 AC = 3.32 AC REQUIRED PROVIDED: 3.32 AC ORANGE COUNTY 67,200 gpd (350 gpd x 192 units) ORANGE COUNTY 42,816 gpd (223 gpd x 192 units) PROGRESS ENERGY CITY OF OCOEE CITY OF OCOEE 72 TOTAL STUDENTS 38 STUDENTS - CLARCONA ELEMENTARY 16 STUDENTS - OCOEE MIDDLE SCHOOL 18 STUDENTS - OCOEE HIGH SCHOOL PHASE 1- 192 MULTI - FAMILY UNITS PHASE 2 - 106,000 SF NON - RESIDENTIAL PUBLIC: TO BE OWNED AND MAINTAINED BY ORANGE COUNTY PUBLIC: TO BE OWNED AND MAINTAINED BY ORANGE COUNTY PUBLIC: TO BE OWNED AND MAINTAINED BY THE CITY OF OCOEE PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT 1. FINAL LIGHTING PLANS ARE REQUIRED TO BE SUBMITTED FOR REVIEW WITH THE FINAL SITE PLAN TO BE IN ACCORDANCE WITH CITY OF OCOEE REQUIREMENTS. 2. MIXED USES ARE THOSE ALLOWED PER ARTICLE IV, SECTION 4 -5A(4) "PROJECTS CONTAINING A VARIETY OF USES COMBINED WITHIN A SINGLE OR MULTI -TRACT PROJECT AREA INCLUDING, BUT NOT LIMITED TO, THOSE SITUATED WITHIN INTERCHANGE IMPACT AREAS, THE DOWNTOWN REDEVELOPMENT AREA OR ACTIVITY CENTERS. 3. STREET TREES SHALL BE PROVIDED AT A RATE OF ONE (1) TREE PER ATTACHED MULTI - FAMILY UNIT. 4. RECREATION AREAS WILL MEET LDC STANDARDS FOR FACILITIES AND WILL BE SHOWN AT PSP /FSP. 5. ANY PHASE OF CONSTRUCTION WILL HAVE SUFFICIENT INFRASTRUCTURE TO STANDALONE. 6. CROSSING OF THE WEST ORANGE TRAIL WILL OCCUR WHEN AGREEMENT WITH ORANGE COUNTY PARKS DEPARTMENT IS APPROVED. 7. THE MULTI - FAMILY DEVELOPMENT IS TO BE DEVELOPED AS A PRIVATE GATED COMMUNITY AND SHALL COMPLY WITH ALL APPLICABLE ORANGE COUNTY ORDINANCES AND RESOLUTIONS WITH RESPECT TO GATED COMMUNITIES. 8. LANDSCAPE BUFFERS WILL BE PROVIDED AND ADHERE TO STANDARDS PER CITY OF OCOEE LAND DEVELOPMENT CODE ARTICLE VI, SECTION 6- 10A(2)(a)4. A -1 LANDSCAPE BUFFER POWER LINE 25' FUTURE TRAIL EASEMENT CONNECTION i I I I I j I i i 25' PUD 73' Boundary P A R C E L ASetback i I I I I I I I I i HIGH DENSITY I I R E S I D E N T I A L P U D -CO M I 17.5 AC FULL 220 192 D .S)1,287 98 20 78 123 80 43 620 ShoppinggFCenter t06,0GD 7,0.53 162 100 62 661 324 337 u s e s) FULL 25' ROAD ACCESS SETBACK Retail Pass -by- Traffic (34 °h per ITE)2,083.48 30 18 197 97 100 Internal Traffic (13.14% daily, 12.14% PM peak)1,096 0 0 0 95 49 46 Total New External Trips 5,161 212 90 122 492 258 234 Sources ITE Trip Generation b "I Edition; ITE Trip Generation Handbook Retail pass -by reduction of 34% applies to external tnps only PARKING SPACE DATA OFF - STREET: TOTAL: OPEN SPACE DATA REQUIRED: PROVIDED: REQUIRED PROVIDED 432 SPACES 432 SPACES 432 SPACES 432 SPACES RECREATION DATA 9.8 AC (35 %) REQUIRED: 3.32 AC (4 AC/ 1000 PPL) 9.8 AC 280 HD @ 2.96 PPL /MF UNIT= 829 PPL MISCELLANEOUS WATER SERVICE: SEWER SERVICE: ELECTRIC SERVICE: FIRE PROTECTION: POLICE: SCHOOL AGE POPULATION PHASING: OWNERSHIP /MAINTENANCE POTABLE WATER SANITARY SEWER REUSE RECREATION AREAS LANDSCAPE AREAS STORMWATER PONDS PARKS GENERAL NOTES 829/1000 = 0.829 X 4 AC = 3.32 AC REQUIRED PROVIDED: 3.32 AC ORANGE COUNTY 67,200 gpd (350 gpd x 192 units) ORANGE COUNTY 42,816 gpd (223 gpd x 192 units) PROGRESS ENERGY CITY OF OCOEE CITY OF OCOEE 72 TOTAL STUDENTS 38 STUDENTS - CLARCONA ELEMENTARY 16 STUDENTS - OCOEE MIDDLE SCHOOL 18 STUDENTS - OCOEE HIGH SCHOOL PHASE 1- 192 MULTI - FAMILY UNITS PHASE 2 - 106,000 SF NON - RESIDENTIAL PUBLIC: TO BE OWNED AND MAINTAINED BY ORANGE COUNTY PUBLIC: TO BE OWNED AND MAINTAINED BY ORANGE COUNTY PUBLIC: TO BE OWNED AND MAINTAINED BY THE CITY OF OCOEE PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT 1. FINAL LIGHTING PLANS ARE REQUIRED TO BE SUBMITTED FOR REVIEW WITH THE FINAL SITE PLAN TO BE IN ACCORDANCE WITH CITY OF OCOEE REQUIREMENTS. 2. MIXED USES ARE THOSE ALLOWED PER ARTICLE IV, SECTION 4 -5A(4) "PROJECTS CONTAINING A VARIETY OF USES COMBINED WITHIN A SINGLE OR MULTI -TRACT PROJECT AREA INCLUDING, BUT NOT LIMITED TO, THOSE SITUATED WITHIN INTERCHANGE IMPACT AREAS, THE DOWNTOWN REDEVELOPMENT AREA OR ACTIVITY CENTERS. 3. STREET TREES SHALL BE PROVIDED AT A RATE OF ONE (1) TREE PER ATTACHED MULTI - FAMILY UNIT. 4. RECREATION AREAS WILL MEET LDC STANDARDS FOR FACILITIES AND WILL BE SHOWN AT PSP /FSP. 5. ANY PHASE OF CONSTRUCTION WILL HAVE SUFFICIENT INFRASTRUCTURE TO STANDALONE. 6. CROSSING OF THE WEST ORANGE TRAIL WILL OCCUR WHEN AGREEMENT WITH ORANGE COUNTY PARKS DEPARTMENT IS APPROVED. 7. THE MULTI - FAMILY DEVELOPMENT IS TO BE DEVELOPED AS A PRIVATE GATED COMMUNITY AND SHALL COMPLY WITH ALL APPLICABLE ORANGE COUNTY ORDINANCES AND RESOLUTIONS WITH RESPECT TO GATED COMMUNITIES. 8. LANDSCAPE BUFFERS WILL BE PROVIDED AND ADHERE TO STANDARDS PER CITY OF OCOEE LAND DEVELOPMENT CODE ARTICLE VI, SECTION 6- 10A(2)(a)4. A -1 LANDSCAPE BUFFER POWER LINE 25' FUTURE TRAIL EASEMENT CONNECTION i I I I I j I i i 25' PUD 73' Boundary P A R C E L ASetback i I I I I I I I I i HIGH DENSITY I I R E S I D E N T I A L P U D -CO M I 17.5 AC FULL ACCESS P A R C E L B i 73 C O M M E R C I A L SETBA (wY t h 1 u s e s) FULL 25' ROAD ACCESS SETBACK 1 0.6 ac -- -- - - - _j WEST RD W RD A 1 City of Ocoee, Florida Drawing Title Land Use Plan Ocoee Parcels Julv 2013 \6179R — A -1 Drawing 42 s C O2 Scale Sheet of 1 " =100' 3 4 Date Project Number 06/25/2013 61798.00 REV: 07/30/2013 I I I I LIJ 200 0 200 400 SCALE IN FEET M i1lerSellen Planning A — 1 Transportation Land Development Environmental Services 225 E. Robinson Street, Suite 300 Orlando, Florida 32801 407 - 839 -4006 • FAX 407 - 839 -4008 Certificate of Authorization Number 3932 Project Title Arbours at LANDSCAPE BUFFER N A -1 FULL ACCESS Crown Point R -1 A PUD TA \projects \61798.00 Arbour —Ocoee Parcels Jun 2013 \61798— Concept IAM 25 FUTURE TRAIL CONNECTION CONCEPTUAL LAYOUT PLAN SHOWN IS FOR ILLUSTRATIVE PURPOSES ONLY. PUD - COM FULL ACCESS STORMWATER POND 25' PUD BOUNDARY SETBACK PARKING 0 LANDSCAPE BUFFER I I I 1 25' ROAD I 1 i 1 ' 1 I SETBACK WEST RD STORMWATER POND 25' PUD BOUNDARY SETBACK PARKING 0 LANDSCAPE BUFFER I I I I 1 i 1 ' 1 I 416 PARKING SPACES OUS 60' OOL 1 1 Z x 1 O 1 PROPOSED ROADWAY PARCEL B F- lui A -1 A gR M LZWA= J Q F--LANDSCAPE BUFFER A- 1 LIMITED ACCESS N 200 0 100 200 SCALE IN FEET A - 1 a R- / 1' A/ /I/ . Planning Transportation Land Development Environmental Services 225 E. Robinson Street, Suite 300 Orlando, Florida 32801 407 - 839 -4006 • FAX 407 -839 -4008 Certificate of Authorization Number 3932 Project Title Arbours at Crown Point City of Ocoee, Florida Drawing Title Conceptual Plan Scale 1 " =100' Date 03/15/2013 REV: 06/07/2013 eMillerSellen Drawing CO3 Sheet of 3 4 Project Number 61798.00 FL0RDATA\prcjects\61798.00 Arbour —Ocoee Parcel s\cad \up\planset\61798— COA— C04.dwg CONDITIONS OF APPROVAL 1. The Residential Property shall be developed as a single, integral parcel and be retained under common ownership. The residential property shall not be subdivided, sold, conveyed, transferred or otherwise disposed of, or encumbered, in lesser parcels without the written consent of the City of Ocoee. 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. 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. 5. 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. All existing structures (including buildings, power lines, existing aerial and utility facilities), with the exception of the north -south easement on the eastern property, will be removed and/or terminated prior to or during construction of the development replacing those uses. 7. An emergency access easement to the retention ponds and over all drainage easements shown hereon is hereby granted 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. 8. A perpetual, non - exclusive easement for access over the east -west road and paved areas shall be granted in favor of the City and other applicable authorities for law enforcement, fire, and other emergency services. 9. There shall be no access from the project to any public roads except at the approved locations shown on the Land Use Plan. 10. 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 Land Use Plan. 11. This project is subject to Capacity Enhancement and Concurrency. This project will be required to enter into a CEA prior to City Commission approval and will be required to submit for a Concurrency determination at the time of Final Site Plan submission to the City. M illerSellen Planning Transportation Land Development Environmental Services 225 E. Robinson Street, Suite 300 Orlando, Florida 32801 407 - 839 -4006 • FAX 407 - 839 -4008 Certificate of Authorization Number 3932 Project Title Arbours at Crown Point PUD City of Ocoee, Florida Drawing Title Conditions of Approval scale Drawing COr1n Sheet of 1" = 10 0' 4 4 Date Project Number REV: 06/25/2013 61798.00 06/07/2013 61798— COA— CO4.DWG 5 i - s SCALE 1/4 " =T -0" Gross Area Includes Net Area, Outside Storage Area And Exterior 964 S.F. Net Area Wasa) includes Area Calculated From Inside Face Of 876 S.F.Exterior Wall To Inside Face Of Tenant Seperation Wall) 28 S.F.Oufside Storage I I II 20 S.F. Porch Drewn By: 91 S.F. 39' -s° 8' 4" lt" 7" W -7" I i — ILATBAT3' - 4 ' V -3" 0'' 3`-1 2' -8" 2._0" UTILI KITCHEN( ARp DINING e I 1E2 E ALL CL S.sn i 3'_4" 3'_4° n t v t ENTRY „A HALL CARD aw t BATH #1 W -2 3'- 12' -10" 12' -0" . N ro LIVING BEDROOM #24 ) \\ 14' -8"12'-10" 12'_0" A 2 4' - 4" I 7' -0 3 -5" 2' -1i" SHELF to BEDROOM #1 CLC? PORCH STOR. I R Eel Ll r] Zoi L3' -2' 7-8. PJ 7 ' 8tt V SPNKLER or STORAGE all 15a 11'-4" W-6' V z m Gross Area Preludes Net Area, Outside Storage Area And Exterior 1,154 S.F. Net Area Walls) Includes Area Calculated From Inside Face Of 1,080 S.F.Exterior Walt To inside Face Of Tenant Separation Wall) Outside Storage I I II 20 S.F. Porch Drewn By: 83 S.F. 0 a . Z O L V LL a i Sheet Title: ONE •BEDROO UNIT PLANS 1 ®III I I II Drewn By:HAM Checked By.R M Sheet No: Al al Z 0 d . Z 1UL 0 Q 0 Q ii - SCALE 1 /4 " -1 " -0° Gross Area Includes W Area, Outside Storage Area And Exterior 1,419 S.F. Net Area WcincludesExter Area Calculated From Inside Face tatExterior 1,342 S.F.Wait To Inside Face Of Tenant Separation Wail) Outside Storage 20 S,F. Porch 89 S.F. OFF -Rl RIDGE SHINGL ALUM. AND V HARDI HARDI VINYL DECO# GLASS BRICK SIDE ELEVATION = TYPICAL BUILDING N 100 0 100 200 SCALE IN FEET ruurvu 5/8' IRC - LB 7153 OR LOT 8, FOUNTAINS WEST PLAT BOOK 72, PAGE 111 z PARCEL 1 TRACT 1, FOUNTAINS WESTIPLATBOOK72, PAGE 111 FOUND 5/8" IRC LB 7153 FOUNTAINS WEST BOULEVARD N88'46 '15 "E 28.23" 55.1' LOT 5, FOUNTAINS WEST PLAT BOOK 72, PAGE 111 OMM 00 to0z N89'56 '24 "E FOUND FOUND 5/8' IR( 5/8" IRC LB 7153 PARCEL 1 TRACT 1, FOUNTAINS WESTIPLATBOOK72, PAGE 111 FOUND 5/8" IRC LB 7153 FOUNTAINS WEST BOULEVARD N88'46 '15 "E 28.23" 55.1' LOT 5, FOUNTAINS WEST PLAT BOOK 72, PAGE 111 OMM 00 to0z N89'56 '24 "E 348.00" 10' X 14' WOOD SHED a I a0i s o- m II on 3 R= 1394.51" J L= 249.28" A= 10'14 "32" 7/30/2013 CB= N80'29 '05 "W No. CH= 248.95" 379.95' VACANT HEAVILY WOODED 15`V NORTHERLY RIGHT OF WAY LINE N05'1358 EDGE of PAVEMENT -- 125.5 SOU LINE, NE 1/4 SECTION 6 -22-28THCENTERLINEOFSURVEYWESTROADPER ORLANDO ORANGECOUNTYEXPRESSWAYAUTHORITYR/W MAP PROD. NO 75320- 6460 602 S86 °3831 "W 1275.49 EDGE OF PAVEMf LESS OUT) ROAD R/W TAKING OFFICIAL RECORDS BOOK 6949 PAGE 0889 PARCEL ID# 06- 22 -28- 0000 -00 -022 i I I I NORTHWEST CORNER, NORTHEAST CORNER NORTHWEST 1/4, SECTION 5, NORTHEAST 1/4, SECTION 6,-/ 22 S, RANGE 28 E TOWNSHIP 22 S, RANGE 28 E m II N N N o Ui M H o . UNPLATTED CITY OF WINTER GARDEN PARCEL ID# 31- 21 -28- 0000 -00 -007 N87'56'46 "E 984.21' N LINE, SE 1/4, HE 1/4, v °" SECTION 6 -22 -28 A Wo, 6 WOOD 11 WOOD FENCE /HOG WIRE 586'46 '40 "W ts' NaRTH 50.42' (PARCEL )' — FOUND —8" IRC NO ID FLORIDA POWER CORPORATION IPERMANENTFACILITIESEASEMENTOFFICIALI RECORDS BOOK 9982 PAGE 5208 IIN w HOMAS M ON WEST Revised per client /Updated Title 7/30/2013 JLD No. ARHPN rY DE J Date Appvd. Field By 0__ A OK 3 ON 78 PAGE 1910 CAD checked by n Scale 1 4_100 IARCE Cp, 0 Z I OT ^ CLUD D) 0 0 o ASPHALT TRAIL fnL I I ° D -5) EAST 50' SE 1/4 [F I I I LEGAL DESCRIPTION PARCEL 1: Tract 1, FOUNTAINS WEST, according to the plat thereof, as recorded in Plat Book 72, Pages 111 through 116, inclusive, of the Public Records of Orange County, Florida. PARCEL 2: That part of the Southeast 1/4 of the Northeast 1/4, Section 6, Township 22 South, Range 28 East, Orange County, Florida, lying East of the following described line: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida, run South 8735'43" West 450.70 feet for the POINT OF BEGINNING, said POINT OF BEGINNING being North 87'35'43" East 2030.20 feet from a 4" x 4" concrete monument; thence run North 04'31'33" West 46.03 feet to a 4" x 4" concrete monument with disk stamped "RLS 1585 and RLS 1819 "; thence continue North 04'31'33" West 1135.48 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819 "; thence continue North 0431'33" West 60 feet, more or less, to a paint on the North boundary of the aforesaid Southeast 1/4 of the Northeast 1/4, said point being the termination of the aforesaid described line. LESS: 30 foot right -of -way for West Road on the South, according to Right -of -Way Agreement recorded in Deed Book 736, Page 273. LESS: A strip of land 50 feet in width along the East line of the parcel of land described in Deed Book 736, Page 273, of the Public Records of Orange County, Florida; also being the East 50 feet of the Southeast quarter of the Northeast quarter of Section 6, Township 22 South, Range 28 East: Less the South 30 feet thereof; being more particularly described as follows: Commence at the Northeast corner of said Section 6; thence South 04'07'53" West along the East line of said Section 1161.38 feet to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 6; said corner also being the POINT OF BEGINNING; thence continue South 04'07'53" West along said East line 1290.44 feet to a point on the North right -of -way of West Road; thence South 8638'36 West along said North right -of -way 50.43 feet to a point on the West line of the aforesaid East 50 feet to the Southeast quarter of the Northeast quarter of Section 5; thence North 04'07'53" East along said West line 1290.55 feet to a point on the North line of said Southeast quarter of the Northeast quarter of Section 6; thence North 86'46'40" East along said North line 50.42 feet to the POINT OF BEGINNING. (Deeded to Orange County in Official Records Book 4938, Page 4527.) NO TES: THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 2. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE CORRECT AND IN AGREEMENT WITH THE FOUND AND SET MONUMENTS AS MEASURED IN THE FIELD UNLESS OTHERWISE NOTED. 3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 8638'31" WEST, PER ORLANDO - ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320 - 6460 - 602/603, 4. NO UNDERGROUND UTILITIES, FOUNDATIONS, OR IMPROVEMENTS, IF ANY, HAVE BEEN LOCATED EXCEPT AS SHOWN. 5. UNLESS OTHERWISE NOTED, ALL RECORD INFORMATION SHOWN HEREON IS BASED SOLELY ON INFORMATION CONTAINED IN THE COMMITMENT FOR TITLE INSURANCE BY FIRST AMERICAN TITLE INSURANCE COMPANY, AGENT FILE NUMBER: 22545 -0019, FAST FILE NUMBER: 1062 - 2962702 Rev B, EFFECTIVE DATE JULY 11, 2013 AT 11:59 P.M, AND WAS PROVIDED BY THE CLIENT. 6. THIS SURVEY DOES NOT IDENTIFY THE LIMITS OR EXTENT OF POTENTIAL JURISDICTIONAL WETLANDS, IF ANY EXIST ON THE SUBJECT PROPERTY. 7. ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP (FIRM) COMMUNITY PANEL NUMBER 12095CO210 F, EFFECTIVE DATE SEPTEMBER 25, 2009, THIS PROPERTY LIES IN ZONE X. THE NE 1/4 of SECTION 6, DISTPI 1ON EACEU_N SCHEDULE Bll EXCEPTIONS: TOWNSHIP 22 SOUTTI I o .;.. S BOOK Cd8 2A.G 652 RANGE 28 EAST 9. Ordinance Case No. 92 -34: West of the City of Ocoee, Florida Annexing into the Corporate Limits of the City of Ocoee, Florida, recorded December 28, 1992 in Official Records Book 4504, Page 4099, of the Public Records of Orange County Florida. (as to Parcels 1 and 2) I Iw 9 10. Annexation Agreement Case No. 2 -122 AR -92: West by and between Sydney Duncan West, Jr., Tom West, individually and as Trustee, and 50 00 B, SPr n S NVES1 "MEN IP INC Thomas Scott West and the City of Ocoee, a Florida municipal corporation, recorded December 29, 1992 in Official Records Book 4506, a' 1 PAGE 4915 SPE A 'ARRAN Y IFI=-EAStLINE OF OFFICIAL RECORDS a ° Page 305, of the Public Records of Orange County, Florida. (as to Parcels 1 and 2) Bi30K z 4 F v, RECORDS BOOK 41 h0 PAGE 3286644Io IaARCra.. Lr 2a Po „cX1„- 7T 11. Declaration by W.O.R.Y. Investors, L.L.C., a Florida limited liability company and SHW, LLC, a Florida limited liability company, recorded March 27, 2006 in Official Records Book 8548, Page 2556, of the Public Records of Orange County, Florida. (as to Parcel 1) w 12. INTENTIONALLY DELETEDUpbalp N 13. Master Easement Agreement by and between SHW, LLC, a Florida limited liability company and Living Waters Church Ocoee, Inc., a Florida eo ,,, o _ corporation and W.O.R.Y. Investors, L.L.C., recorded March 27, 2006 in Official Records Book 8548, Page 2643, as amended by First ps - o " o ' Amendment to Master Easement Agreement recorded October 1, 2008 in Official Records Book 9769, Page 789, all of the Public Records v' 3 N I FOUND CONCRETE of Orange County, Florida. (as to Parcel 1) w PARCEL 2 RB8 ",47 $LAB 14. Development Agreement (Fountains West) by and among SHW, LLC, a Florida limited liability company and Living Waters Church Ocoee, Inc., THOMAS MILTON WEST ^ D, ' N a Florida not - for - profit corporation and the City of Ocoee, a Florida municipal corporation, recorded January 9, 2007 in Official Records o N WARRANTY DEED o O ---- Book 9054, Page 792, of the Public Records of Orange County, Florida. (as to Parcel 1) A OFFICIAL RECORDS BOOK 6441 PAGE 4915 o ' PARCEL ID# 06- 22 -28- 0000 -00 -046 15. Permanent Facilities Easement as set forth in that certain Stipulated Order of Taking and Final Judgment as to Parcel 35 (PF) recorded January 4, 2010 in Official Records Book 9982, Page 5208, of the Public Records of Orange County, Florida. (as to Parcel 2)SE 1/4 OF THE NE 1/4 OF °lo SECTION 6, TOWN 22 w 16. Restrictions, reservations, easements and other matters as shown on the Plat of FOUNTAINS WEST, recorded in Plat Book 72, Page 111, of 1; ^ f \ the Public Records of Orange County Florida. (as to Parcel 1)SOUTH, RANGE 28 EAST J I I z z 17. INTENTIONALLY DELETED w aI NIA I 18. Distribution Easement granted to Florida Power Corporation d /b /a Progress Energy Florida, Inc., a Florida corporation recorded February 12,I n I wI ` 2008 in Official Records Doak 9596, Page 1005, of the Public Records of Orange County, Florida. (as to Parcel 1) Y I 19. INTENTIONALLY DELETED 0VACANTHEAVILYm I 20. INTENTIONALLY DELETEDI0IIIWOODED I ISSAK MALKA WARRANTY DEED IOFFICIALRECORDSBOOK3974PAGE1521 I PARCEL ID# 05- 22- 28- 0000 -00 -029 I (NOT INCLUDED) pcpHALT TRAP ICONCRETE ISLAB W TH IBENCH I FLORIDA POWER CORPORATION PERMtitr, -'_NT FACILITIES EASEMENT OFFICIAL I I CONCRETE WALL I FECGR.I.DS BOOK 9982 PAGE 5208 FOUND JS AS e ` =r_ 30 I No_,., M I - h ,I m < ` " < PAGE 2422 M I C1a- u."t -NENEARL RIGHT OF WAY LINE v c, /8 ,k^ SOUTHERLY LINE D IR - TEA N04 33-W / S873543 W' `u ( PARCEL 2) PARC 2) J Poe (PARCEL 2) POINT OF A SOUTH LINE, NE 1/4 SECDON 6 -22 -28 CENTERLINE OF COMMENCEMENT SURVEY WEST ROAD PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP SECTION ARCEL2 75320- 6460- 602/603, DATED MAY, 1997 SOUTHEAST CORNER, _ NORTHEAST 1/4, SECTION 6, TOUNSHIP 22 S, RANGE 28 E FOUND NAIL & DISK LB6097 WEST ROAD RIGHT OF WAY VARIES ASPHALT PAVEMENT Q S LRdE,: NW 1 /4, SECTION 5-22-28 Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services Landmark Center Two 225 E. Robinson St., Suite 300 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 Legend & Abbreviations 0 DRAIN MANHOLE FIRE HYDRANT RD CATCH BASIN STREET SIGN Os SEWER MANHOLE 0 LIGHT POLE 0 ELECTRIC MANHOLE U GUY POLE OT TELEPHONE MANHOLE GUY WIREOMANHOLE ELECTRICAL BOXMBMAILBOX sv a, UTILITY POLE X GAS VALVE D WATER VALVE WM WATER METER IRR IRRIGATION VALVE MITERED END SECTION E] TELEPHONE PEDESTAL © CABLE PEDESTAL P. R. M. = PERMANENT REFERENCE MONUMENT P.O C. = POINT ON CURVE P.0 POINT OF CURVATURE P.R.C. POINT OF REVERSE CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE P.T. = POINT OF TANGENCY P. 1. = POINT OF INTERSECTION P.C.P. = PERMANENT CONTROL POINT P.O,L. = POINT ON LINE L.B. = LICENSE BUSINESS C.M. = CONCRETE MONUMENT P. B. = PLAT BOOK PG. = PAGE O.R. = OFFICIAL RECORDS BOOK U E. = UTILITY EASEMENT D. E. = DRAINAGE EASEMENT RCW = RECLAIMED WATER LINE CATV = CABLE TELEVISION R/W = RIGHT –OF –WAY R = RADIUS L = ARC LENGTH 0 = CENTRAL ANGLE CB = CHORD BEARING CH = CHORD DISTANCE OHW— = OVERHEAD WIRES E— = BURIED POWER LINE C— = BURIED CABLE TELEVISION LINE W— = BURIED WATER LINE T— = BURIED TELEPHONE LINE G = BURIED GAS LINE rWY – TREE LINE O = NAIL & DISK SET 5/8" IRON ROD WITH CAP LB 7153 " UNLESS NOTED SET 4`x 4" C.M. PRM –LB 7153 El = FOUND 4'x 4" C.M. Project Title ARBOURS AT CROWN POINT CITY OF OCOEE ORANGE COUNTY, FLORID Issued for ARBOUR VALLEY Drawing Title STATE ROAD 429 / WESTERN BELTWAY RIGHT OF WAY VARIES. PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP SECTION 75320 - 6460- 602/603 DATED MAY, ;997 CERTIFIED TO: City of Ocoee First American Title Insurance Company Shutts & Bowen LLP; Arbor Valley Development, LLC I HEREBY STATE THAT THIS BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD UNDER MY DIRECTION IN MAY„ AND THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR FLORIDA SURVEYORS AND MAPPERS, AS SET FORTH IN CHAPTER 5J -17.05 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. For the firm by, James L. Diorio, P.S.M. Professional Surveyor and Mapper Florida License No. 6397 BOUNDARY SURVEY Drawing Number svi Sheet of 1 1 Project Number 61798.00 P:\ 61798.00\ CAD\SR\PLANSE'A61798.00 - BNDY- 5- 13- 13.DWG VICINITY MAP No. 1 Revised per client /Updated Title 7/30/2013 JLD No.Revision Date Appvd. Field By Drawn by CA"p Checked by CAD checked by Approved by j T Scale 1 4_100 Date 05113/2013 Project Title ARBOURS AT CROWN POINT CITY OF OCOEE ORANGE COUNTY, FLORID Issued for ARBOUR VALLEY Drawing Title STATE ROAD 429 / WESTERN BELTWAY RIGHT OF WAY VARIES. PER ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP SECTION 75320 - 6460- 602/603 DATED MAY, ;997 CERTIFIED TO: City of Ocoee First American Title Insurance Company Shutts & Bowen LLP; Arbor Valley Development, LLC I HEREBY STATE THAT THIS BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD UNDER MY DIRECTION IN MAY„ AND THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR FLORIDA SURVEYORS AND MAPPERS, AS SET FORTH IN CHAPTER 5J -17.05 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. For the firm by, James L. Diorio, P.S.M. Professional Surveyor and Mapper Florida License No. 6397 BOUNDARY SURVEY Drawing Number svi Sheet of 1 1 Project Number 61798.00 P:\ 61798.00\ CAD\SR\PLANSE'A61798.00 - BNDY- 5- 13- 13.DWG VICINITY MAP I 0 Orange County Public Schools Lti/Ls 445 West Amelia Street • Orlando. FL 32801-1129 •Phone 407.317.3200 • www,ocps.net FINDING OF SCHOOL CAPACITY RECOMMENDATION FOR DENIAL — SCHOOL CAPACITY DETERMINATION May 1,2013 VIA E -MAIL: ihall(avhb,com Jim Hall VHB MillerSellen 225 E. Robinson Street Suite 300 Orlando, FL 32801 Action: RECOMMENDATION FOR DENIAL for Application OCE -13 -002. This letter serves at the as the official determination by Orange County Public Schools that school capacity for the following development application is not available. Type of Determination Requested CEP ® Concurrency Type of Development Application FLUM (CEP) Rezoning (CEP) Preliminary Plat/ Site Plan/ Functional Equivalent City Application #:N/A Application Name:Arbours @Ocoee OCPS Application Date:April 4, 2013 Parcel #(s):06- 22 -28- 0000 -00 -010 / 046 Requested Units ( #):Total: 192 SF: N/A MF: 192 Acreage:28.15 acres School Board District:7 Detailed Capacity Analysis: Attachment A Upon review of the above -named application for Capacity Determination, the Office of Planning & Governmental Relations of Orange County Public Schools finds as follows: Capacity Enhancement Program Denial (CEP): The CEP Application is denied based on a finding of insufficient school capacity at the Elementary and Middle school to support the development of 192 multi - family new residential units. 1 Concurrency Denial: N/A Concurrency evaluation is based on total number of units irrespective of vesting.) If the Applicant wishes to determine if the project can be approved through mitigation, they are invited to meet with the Office of Planning and Governmental relations to determine if a solution can be identified to accommodate the needs. To request mitigation options and enter into negotiations, the Applicant must contact the Office of Planning & Governmental Relations at (407) 317 -3200 ext. 2898 or e -mail me at tyrone.smith @ocps.net within fourteen (14) business days of receipt of this letter to set up an appointment for a mitigation review. Please reference the application number when scheduling an appointment. This determination is governed by the Orange County Public Schools: Capacity Enhancement Program and Concurrency Management System Operating Procedures as approved by the Orange County School Board, the provisions of the 2008 Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency, the provisions of the municipality's adopted Comprehensive Plan, the Orange County Charter and the Florida Statutes. Sincerely, Tyrone K. Smith, MPA Senior Administrator OCPS Planning & Governmental Relations TKS Cc: Michael Rumer, City Planner, Planning Department, City of Ocoee (via e-mail) Micky Grindstaff, Esq., Shutts & Bowen LLP (via e -mail) Project File Page 2 of 3 I, I Attachment A ORANGE COUNTY PLJBI1C SCHOOLS Planning & Governmental Relations CM Determination 4/4/2013 Project ID:I OCE- 13-001 1 Valid Until:1Of1/2013 Project Name:Arbours @ Ocoee Number of Urive5ted Units: Single Family:0 Multi- Family:192 Number of Vested Units: Single Family:0 Multi- Family:0 School Level Elementary Middle High CSA:U School:Clarcona Ocoee Ocoee Analysis of Existing Conditions School Capacity (201243)830 1,424 2,777 Enrollment (2012-13)944 1,451 2,355 Utilization (2012-13)113.7%101.9%84.8% LOS Standard 110.0%100.0 00.0% Available Seats 0 0 422 Analysis of Reserved CapfiCity Encumbered Capacity 0 22 194 is Reserved Capacity 0 0 54 t. Adjusted Utilizatun 113.7%103.5%93.1% Adjusted Available Seats 0 0 174 G.Analysis of Proposed Development School Level Elementary Middle High Students Generated 26 11 12 Adjusted Utilization 117.1%104.3%93.6% P. FAIL FAIL FAIL PASS C ANMA 2022 -13 Page 3 of 3 After recording return to: Tyrone K. Smith, AICP Senior Administrator Orange County Public Schools 445 West Amelia Street Orlando, Florida 32801-1129 ---------------[SPACE ABOVE THIS LINE FOR RECORDING DATA] -------------------------------------------- SCHOOL MITIGATION AGREEMENT FOR CAPACITY ENHANCEMENT OCE-13-002 Arbours @ Crown Point Parcel ID #: 06-22-28-0000-00-010 / 046 THIS CAPACITY ENHANCEMENT AGREEMENT ("Agreement") is entered into by and between THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate and political subdivision of the State of Florida, hereinafter referred to as "School Board;" and Arbour Valley Development, LLC, a Florida limited liability company, whose address is 6340 Via Tierra, Boca Raton, FL 33433, hereinafter referred to as "Applicant". RECITALS: WHEREAS, Applicant is the fee simple owner, or authorized agent of the owner, of that certain tract of land located in the City of Ocoee, Florida, ("City") as more particularly described on Exhibit "A," attached hereto and incorporated herein by reference (the "Property"). The Property location is further illustrated by a map attached hereto as Exhibit "B," and incorporated herein by reference; and WHEREAS, the Applicant has submitted a Development Application to the City in connection with a proposal to obtain a rezoning in order to develop approximately 192 new multi -family, attached, residential dwelling units on the Property; and WHEREAS, the School Board, Orange County, and the municipalities within Orange County have entered into that certain "Amended Interlocal Agreement For Public School Facility Planning and Implementation of Concurrency" (the "Interlocal Agreement"), and WHEREAS, pursuant to Section 8 of the Interlocal Agreement, Section 704.13.2. of the Orange County Charter, and Section 30-742 of the Orange County Code (together the "County 1 Code"), an Applicant for a rezoning or comprehensive plan amendment that will generate additional students in a School Attendance Zone in which there is insufficient Net School Capacity to accommodate the anticipated additional students must enter into a Capacity Enhancement Agreement to mitigate the school overcrowding attributable to the anticipated additional students, all as specified in Section 8 of the Interlocal Agreement; WHEREAS, based on the current adopted Level of Service standards within the School Attendance Zone within which the Property is located, the School Board has determined there is insufficient Net School Capacity at the middle school for the number of public school students that the proposed new units are anticipated to generate (the "Failed Units"); and WHEREAS, approving the Development Application without requiring mitigation for the impacts of the proposed new units will either create or worsen school overcrowding applicable School Attendance Zone or Zones; and WHEREAS, the Applicant has agreed to enter into this Agreement to provide mitigation proportionate to the demand for Public School Facilities to be created by the Development Application, as more particularly set forth herein ("Mitigation"). NOW, THEREFORE, in consideration of the foregoing described Mitigation, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, agree as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated into this Agreement by this reference as if fully set forth herein. 2. DEFINITION OF MATERIAL TERMS. Any capitalized terms used herein but not defined shall have the meaning attributed to such term in the Interlocal Agreement 3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a legally binding commitment by the Applicant to mitigate for the impacts of the new residential dwelling units for which the Applicant is seeking approval pursuant to the Development Application and is intended to satisfy the requirements of Section 8 of the Interlocal Agreement. 4. CAPACITY ENHANCEMENT MITIGATION. The Parties agree that the Applicant shall provide the following Mitigation, in order to provide for additional capacity for middle school students: a. Pre -payment of School Impact Fees for the Failed Units of 42 multi -family residential units shall be made at the time the Final Site Plan is approved by the City, in the amount of $164,682.00. In the event School Impact Fees increase before the issuance of building permits for any of the Residential Units in the Project, then Applicant shall be obligated to pay the difference at the time building permits for such Residential Units are applied for by Applicant. Payment of the impact fees for the remaining units shall be due in accordance with the provision of the School Impact Fee Ordinance. b. Payment of an additional $62,034.00 to cover the additional costs associated with providing the necessary capacity. Such additional payment shall be due and payable at the time the Applicant's Final Site Plan is approved by the City. 5. IMPACT FEE CREDIT. The School Board shall inform City of the pre -payment of School Impact Fees and request a credit equal to the amount of the School Impact Fees paid in advance under this Agreement. Said Credit shall be applied to the School Impact Fees imposed under the Orange County Impact Fee Ordinance, as provided in Section 10 of the Interlocal Agreement. In the event that the School Impact Fees prepaid by the Applicant exceed the School Impact Fees due pursuant to the School hnpact Fees Ordinance, Applicant may request that the excess School Impact Fees be transferred to another project within the jurisdiction of the City. 6. SCHOOL CAPACITY IMPROVEMENT. The School Board agrees to utilize the Applicant's Capacity Enhancement Mitigation to address the overcrowding that would be created or worsened by approval of the Applicant's Development Application. Uses of Capacity Enhancement Mitigation may include, but are not limited to, the following: a. Purchase of real property for construction of additional school facilities that would provide additional capacity. b. Construction of additional permanent student stations in new buildings or through renovation of existing buildings. C. Construction of additional core facilities in new schools or expansion of existing core facilities in existing schools. d. Provision of additional temporary capacity through the lease or purchase of portable facilities until permanent facilities may be constructed. e. Advancing a school included in the most recent Capital Outlay Plan that will provide capacity for the students generated by the Applicant's Development Application. f. Any other actions which will result in provision of the necessary school capacity. 7. EFFECTIVE DATE. The effective date of this Agreement shall be the date when the last one of the parties has properly executed this Agreement as determined by the date set forth immediately below their respective signatures (the "Effective Date"). 8. CREDIT TO PROPORTIONATE SHARE MITIGATION. Any Capacity Enhancement Mitigation paid pursuant to this Agreement, except for the cost of temporary classrooms needed to accommodate the Development Impact until permanent facilities are t constructed, shall be credited toward any Proportionate Share Mitigation as provided in section 17 of the Interlocal Agreement. 9. TERMINATION. This Agreement shall terminate and Applicant shall forfeit any administrative application fees paid under the following circumstances: a. The City does not approve the Development Application within one hundred eighty (180) days of the Effective Date of this Agreement. In such event, all mitigation paid by the Applicant shall be refunded to the Applicant. b. The Applicant, by failure to proceed in good faith in a diligent and timely manner, fails to secure a Final Site Plan Approval within three (3) years of the Effective Date. In such case, this Agreement shall be terminated and any encumbered capacity shall become unencumbered. The Applicant will not be entitled to a refimd of Capacity Enhancement Mitigation paid under this Agreement. 10. DEFAULT. a. A default by either Party under this Agreement shall entitle the non - defaulting Party to all remedies available at law or in equity. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue written notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. If the default is the non-payment of money, the defaulting Party shall have fifteen (15) days from receipt of the notice in which to cure the default. If the default is other than for the non-payment of money, the defaulting Party shall have thirty (30) days from receipt of the notice to cure such default; provided, however, if such default cannot be reasonably cured within such thirty (30) day period, the defaulting Party shall have such additional time as the nature of the default may reasonably require with the exercise of due diligence. If the default has not been cured within the period provided above, or in the case of a default other than for the non-payment of money, if the cure is not commenced within the period provided above or is not diligently and continuously pursued to completion, the non -defaulting Party may exercise the remedies described in this Section. b. Notwithstanding any of the foregoing to the contrary, the parties acknowledge and agree that in the event an uncured default is a failure by Applicant to make a required payment under this Agreement and Applicant has not obtained a building permit for vertical construction on the Property, then, subject to the provisions above in this Section that require notice of default and grant a period to cure, the School Board's sole and exclusive remedy shall be to terminate this Agreement and revoke any capacity awarded Applicant pursuant to this Agreement. 11. COVENANTS RUNNING WITH THE LAND. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the 4 parties, and shall be a covenant running with the Property and be binding upon the successors and assigns of the Applicant and upon any person, firm, corporation, or entity who may become the successor in interest to the Property. 12. NOTICES. 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 person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party's name below, or to such other address or other person as the party shall have specified by written notice to the other party delivered in accordance herewith: School Board School Board of Orange County, Florida Attention: Superintendent of Schools 445 West Amelia Street Orlando, Florida 32801 With a Copy to: Orange County Public Schools Office of Planning and Governmental Relations 445 West Amelia Street Orlando, Florida 32801 Owner: Gabe Ehrenstein Arbour Valley Development, LLC 6340 Via Tierra Boca Raton, FL 33433 With a Copy to: Micky Grindstaff Shutts & Bowen LLP 300 South Orange Avenue, Suite 1000 Orlando, FL 32801 13. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only. They in no way define, describe, extend or limit the scope or intent of this Agreement. 14. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, and signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates, and shall not be deemed to be a continuing or future waiver. 15. EXHIBITS. All Exhibits attached hereto are a part of this Agreement and are fully incorporated herein by this reference. Z 16. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be binding upon the parties hereto unless in writing and executed by all the Parties to this Agreement. 17. ASSIGNMENT, TRANSFER OF RIGHTS. The Applicant may assign its rights, obligations and responsibilities, including the capacity reserved for the Property, under this Agreement to a third -party purchaser of all or any part of fee simple title to the Property, with the School Board's prior written consent. Applicant shall submit its request for consent of an assignment and/or transfer under the terms of this Paragraph 18, in writing to the School Board prior to such assignment. The School Board shall have fifteen (15) days after receipt of said request to approve or deny the request, which approval shall not be unreasonably withheld. The School Board hereby authorizes the Superintendent or his/her designee to consent to all assignments and/or transfers of rights described in this Paragraph 18. In the event the Superintendent or his/her designee fails to deny or object to an Applicant's request within the time period prescribed herein, such assignment and/or transfer request shall be deemed approved. Such consent may be conditioned upon the receipt by the other parties hereto of the written agreement of the assignee to comply with conditions and procedures to aid in the monitoring and enforcement of the assignee's performance of the Applicant's obligations with regard to Mitigation under this Agreement 18. COUNTERPARTS. This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. 19. RECORDING OF THIS AGREEMENT. The School Board agrees to record this Agreement, at Applicant's expense, within fourteen (14) days after the Effective Date, in the Public Records of Orange County, Florida. 20. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement among the Parties with respect to the subject matter addressed herein, and it supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, among the Parties. 21. SEVERABILITY. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be stricken from the Agreement, and the balance of the Agreement will remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. 22. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida and in accordance with the Orange County Code and venue for any action to enforce the provisions of this Agreement shall be in the Ninth Judicial Circuit Court in and for Orange County, Florida. 6 23. ATTORNEY'S FEES. In the event any party hereto brings an action or proceeding, including any counterclaim, cross -claim, or third party claim, against any other party hereto arising out of this Agreement, each party in such action or proceeding, including appeals therefrom, shall be responsible for its own attorney fees. 24. SCHOOL CONCURRENCY. Residential units subject to Capacity Enhancement Review process and covered under this Agreement, as well as residential units not subject to the Capacity Enhancement Review and not addressed in this Agreement will be subject to separate review for school concurrency purposes as set forth in the Interlocal Agreement. (SIGNATURE AND ACKNOWLEDGMENT ON FOLLOWING PAGE) 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates set forth below. Signed, sealed and delivered in the Presence of: Print Name: Print Name: Print Name: Print Name: Approved as to form and legality by the Office of the General Counsel for The School Board of Orange County, Florida this day of , 2013. Eileen D. Fernandez, Esq. Associate General Counsel THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporate body organized and existing under the constitution and laws of the State of Florida By: Name: William E. Sublette Title: Chairman Date: , 20 M Barbara M. Jenkins, as its Secretary and Superintendent {Corporate Seal} STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of , 20_, by William E. Sublette, as the Chairman of The School Board of Orange County, Florida, a corporate body organized and existing under the constitution and laws of the State of Florida. Said person (check one) is personally known to me or produced as identification. Printed Name: Notary Public, State of Florida Commission No. My commission expires: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of , 20, by Barbara M. Jenkins as Secretary and Superintendent of The School Board of Orange County, Florida, a corporate body organized and existing under the constitution and laws of the State of Florida. Said person (check one) is personally known to me or produced as identification. Printed Name: Notary Public, State of Florida Commission No. My commission expires: APPLICANT Signed, witnessed, executed and acknowledged on this day of , 2013. Arbour Valley Development, LLC, a Florida WITNESSES: limited liability company Print Name: Print Name: Print Name: Title: STATE OF FLORIDA ) ) SS: COUNTY OF ORANGE ) Before me on , 2013, personally appeared , as of Arbour Valley Development, LLC, a Florida limited liability company, on behalf of said company,who is personally known to me or has produced as identification, and who acknowledged that he/she signed the above instrument as his/her free and voluntary act. Notary Public Name Printed, Typed or Stamped Certificate No. H Exhibit A — Legal Description PARCELI: Tract 1, FOUNTAINS WEST, according to the plat thereof, as recorded in Plat Book 72, Pages I I I through 116, inclusive, of the Public Records of Orange County, Florida. PARCEL 2: That part of the Southeast 1/4 of the Northeast 1/4, Section 6, Township 22 South, Range 28 East, Orange County, Florida, lying East of the following described line: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida, run South 87°35'43" West 450.70 feet for the POINT OF BEGINNING, said POINT OF BEGINNING being North 87°35'43" East 2030.20 feet from a 4" x 4" concrete monument; thence run North 04°31'33" West 46.03 feet to a 4" x 4" concrete monument with disk stamped "RLS 1585 and RLS 1819"; thence continue North 04°31'33" West 1135.48 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819";,thence continue North 049 V33" West 60 feet, more or less, to a point on the North boundary of the aforesaid Southeast 1/4 of the Northeast 1/4, said point being the termination of the aforesaid described line. LESS: 30 foot right-of-way for West Road on the South, according to Right -of -Way Agreement recorded in Deed Book 736, Page 273. LESS: A strip of land 50 feet in width along the East line of the parcel of land described in Deed Book 736, Page 273, of the Public Records of Orange County, Florida; also being the East 50 feet of the Southeast quarter of the Northeast quarter of Section 6, Township 22 South, Range 28 East: Less the South 30 feet thereof; being more particularly described as follows: Commence at the Northeast corner of said Section 6; thence South 04°07'53" West along the East line of said Section 1161.38 feet to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 6; said corner also being the POINT OF BEGINNING; thence continue South 04°07'53" West along said East line 1290.44 feet to a point on the North right-of- way of West Road; thence South 86°38'36" West along said North right-of-way 50.43 feet to a point on the West line of the aforesaid East 50 feet to the Southeast quarter of the Northeast quarter of Section 6; thence North 04°07'53" East along said West line 1290.55 feet to a point on the North line of said Southeast quarter of the Northeast quarter of Section 6; thence North 86°46'40" East along said North line 50.42 feet to the POINT OF BEGINNING. (Deeded to Orange County in Official Records Book 4938, Page 4527. Exhibit B — Location Map a � fi gg w a a. kc ,a • � r r 6 S py a X yr y, f v 12 Mayor Commissioners S. Scott Vandergrift John Grogan, District 1404RosemaryWilsen, District 2 Ro b Manager Rusty Johnson, District 3 Robert Frank Joel F. Keller, District 4 ocoee florida July 8, 2013 Jim Hall, AICP, ASLA Vanasse Hangen Brustlin, Inc. 225 E Robinson Street, Suite 300 Orlando, Florida 32801 RE: ARBOURS AT CROWN POINT PUD REZONING TO PUD RZ- 13 -04 -02 2 " REVIEW Dear Mr. Hall: Thank you for your submittal for the above - mentioned project. We have attached staff comments that are in response to your submittal. At your convenience, please call me at (407) 905 -3100 extension 1021 to schedule a Technical Staff Review Committee Meeting (TSRC). During this meeting, the appropriate staff members will go over any of their comments to facilitate the re- submittal. In your written response, we ask that you indicate how each comment was addressed. If you have any questions, please contact me. Thank you! Sincerely, Sherry Seaver Sherry Seaver, Development Review Coordinator Planning Division Attachment Cc: Erika Hughes, Community Planner, VHB Mike Rumer, City Planner Engineering Department Project File City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761 phone: (407) 905 -3100 • fax: (407) 905 -3167 • www.ocoee.org MICHAEL RUMER, CITY PLANNER 407) 905 -3157 No comments at this time. DAVID WHEELER, CITY ENGINEER 407) 905 -3100 Extension 1505 The following are the results of your submittal for the above referenced project that was received on June 7, 2013. 1. On the application form the project name is Arbours @ Ocoee and on the plan sheets the project name is Arbour Valley PUD. So which name is the correct name? Okay, the project name changed on the plan sheets, but the application still says Arbours @ Ocoee. So the question still is relevant. 2. There is a sketch and description attached to the application form that does not correspond to the sketch and description shown on the Boundary and Topographic Survey sheets included in the plan set. Is it assumed that the sketch and description attached to the application can be deleted. 3. Resolved 4. Resolved 5. Resolved 6. On sheet CO2, the access plan should be overlaid on a screened back aerial photograph of the property and surrounding area. Why is the access on to the east from the public road only limited? Or is the proposed roadway to be private? 7. On sheet CO2, there will be two crossings of the West Orange Trail, the existing crossing at the extension of the old road and the proposed crossing shown on the plan. Has any contact been made to Orange County about this proposed crossing and its proximity to the existing crossing? Has Orange County approved the second full access crossing at the end of the proposed roadway? 8. Resolved 9. Resolved 10. Resolved 11. Resolved 12. Resolved 13. Resolved 14. Sheet SV1 will need to be signed and sealed before the final approval of the PUD plan. TYRONE K. SMITH, OCPS 407) 317 -3200 Extension 2898 OCPS does not have any further comments as it relates to this project. Note: the applicant is in the process of acquiring a CEA. SCOTT A. COOKSON, CITY ATTORNEY 407) 581 -9800 The following comments are general in nature and are based upon the City Attorney's review of the documents submitted. 1. Repeat Comment: Please provide an attorney's title opinion or title certification addressed or certified to the City of Ocoee (the "Title Report") showing the record title holder of the property. Please note that a Title Commitment was provided, not a Title Report. Please note that the Title Report must also show all mortgages not satisfied or released of record nor otherwise terminated by law. The Title Report must be less than six months old and certified or addressed to the City of Ocoee. Please ensure that the legal description referenced on the Title Report is identical to the legal description on the Survey and LUP. In addition, please include copies of all documents referenced in the Title Report. 2. Repeat Comment: Please provide the Title Report to the surveyor and have the surveyor show all encumbrances referenced in the Title Report on the Survey that are capable of being shown on the Survey, specifically item numbers 13 and 15 from the Title Commitment. 3. Regarding the Title Commitment documents: a) #14 - Development Agreement — It is our understanding that this Development Agreement pertains to adjacent property and not the Arbours at Ocoee PUD property. Please advise as to why this document would appear as an exception in the title work for this property. b) #17 - Declaration of Covenants, Operations and Reciprocal Easements - Please confirm that this document relates to the subject property. c) #19 — Agreement - Please confirm that this document encumbers the property and that all obligations have been met under this agreement. d) #20 - West Road Realignment Agreement - Please confirm that this document encumbers the property and that all obligations have been met under this agreement. 4. It is our understanding that City Staff is waiting on the Applicant to provide a traffic study. Please be advised that once the traffic study has been reviewed by City Staff that we will prepare an initial draft of a Development Agreement relating to this project. We would anticipate that the Development Agreement would address, among other things, requirements for off -site improvements, requirements relating to the construction and conveyance of the public roads within the project, requirements relating to interconnectivity between the commercial parcel and the residential parcel, requirements relating the construction and conveyance of the future West Orange Trail connection along the northern portion of the property and Wekiva basin requirements. 5. The Development Agreement will also contain the list of Conditions of Approval and Waivers approved in connection with the Land Use Plan. Additional Conditions of Approval that will need to be included on the Land Use Plan will be provided with the draft of the Development Agreement. NICK LEPP, RENAISSANCE PLANNING GROUP 407) 487 -0061 Extension 129 Renaissance Planning Group has reviewed the above referenced traffic study, received June 7, 2013. We offer the following comments at this time: 1. The pass -by trip distribution should match the project trip distribution of 36% exiting to the west and 64% existing to the east. Since the total number of PM Peak Hour pass -by trips exiting the project site equals 100, 36 of those trips should be westbound and 64 should be eastbound. The westbound pass -by trips at the intersection of West Rd. / Ocoee Apopka Rd. should be less than or equal to 36. According to the values in Figure 3b the westbound pass -by trips equals 54. The eastbound pass -by trips at the intersection West Rd. / SR 429 SB off ramp should equal 64. According to the values in Figure 3b the eastbound pass -by trips equal 33. These discrepancies affect the rest of the intersection analysis for the PM Peak Hour as well as the HCS analysis. a. Also, at the intersection of West Rd. / Ocoee Apopka Rd. westbound needs to include project and pass -by trips. The residential neighborhoods will likely utilize the commercial proposed by this development. 2. Since there are no breaks in the roadway segment of West Rd. from project driveway to SR 429 SB off ramp, the eastbound project related traffic at the intersection of West Rd. / SR 429 SB off ramp should equal the amount of eastbound project traffic exiting the project driveway (149). According to the values in Figure 3b the eastbound project related traffic for the intersection of West Rd. / SR 429 SB off ramp equals 141 trips. Renaissance Planning Group would like to set up a meeting with the applicants traffic consultant to go over the above comments. ITEM NUMBER IV. C. PUBLIC HEARING GARCIA - 424 3 RD STREET ANNEXATION & REZONING Mayor Commissioners S. Scott Vandergrift 401P John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank O (. O P Joel F. Keller, District 4 florida STAFF REPORT DATE:August 13, 2013 TO:Planning & Zoning Commission (Local Planning Agency) FROM:Michael Rumer, City Planner/ SUBJECT: Garcia (424 3rd Street) Annexation and Initial Zoning Project No(s): AX- 04 -13 -37 & RZ- 13 -04 -03 ISSUE: Should the Planning & Zoning Commission (LPA) recommend approval of the Annexation and the Initial Zoning (R -1A) for the Garcia (424 3rd Street) Property? BACKGROUND: General Location: The subject property is located on the west side of 3st Street and approximately 170 feet north of the intersection of 3rd Street and E Silver Star Rd. Parcel Identification Number(s): 17- 22 -28- 0000 -00 -050 Physical Address: 424 3rd Street Property Size: +1- .44 of an acre. Actual land use, proposed land use and unique features of the subject property: The subject parcel has one existing Single - Family Residence. The Applicant is annexing into the City limits as a condition to receive city potable water connection. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction /Future Land Orange County / Low Density City of Ocoee / Low Density Use -Joint Planning Area Residential Residential Land Use Classification @ Less than 4 dwelling units /acre) @ Less than 4 dwelling units /acre) Jurisdiction /Zoning Orange County / "R -1"City of Ocoee / "R -1A" Classification Single- Family Dwelling"Single- Family Dwelling" P &Z Meeting Date: August 13, 2013 Project: Garcia Property Project Number(s): AX- 04 -13 -37 & RZ- 13 -04 -03 The current future land use and zoning classifications of the surrounding properties: DIRECTION:CURRENT FUTURE LAND USE CURRENT ZONING North Orange County / Low Density Orange County / "R -1" Residential East City of Ocoee / Low Density Orange County / "R -1" Residential South Orange County / Commercial Orange County / "C -1" West Orange County / Low Density Orange County / "R -1" Residential 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 contiguous to the City of Ocoee since it bordered by property located within the City limits on the northwestern point. 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. City staff is concurrently requesting rezoning of the property to R -1A (Single - Family Dwelling). Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13 -A of the City of Ocoee - Orange County Joint Planning Area Agreement. Rezoning: City staff has requested a City of Ocoee zoning designation of R -1A (Single - Family Dwelling), which is consistent with the zoning of the properties to the North. According to the Land Development Code, the R -1A zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential ". The R -1A zoning designation is consistent with the adopted future land use designation of Low Density Residential, 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..." P &Z Meeting Date: August 13, 2013 Project: Garcia Property Project Number(s): AX- 04 -13 -37 & RZ- 13 -04 -03 DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an enclave in the City it already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. With regards to the notification form Orange County, city staff is comfortable with the annexation based on past annexations of similar circumstances. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On August 7, 2013, 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 Garcia property. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Annexation of the +/ -.44 acre parcel of land known as the Garcia Property (424 3 Street) with an Initial Zoning classification of "R -1A ". Attachments: Annexation Feasibility Analysis Location Map Surrounding Future Land Use Map; Aerial Map CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX- 04 -13 -38 & RZ- 13 -04 -04 APPLICANT NAME: Juana Garcia PROJECT NAME: 424 3RD STREET ANNEXATION AND 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. I. PLANNING DEPARTMENT Michael Rumer A. Applicant/Owner 1. Owner (if different from Applicant):Juana Garcia B. Property Location 1. General Location:West side of 3rd Street and approximately 170 feet north of the intersection of 3rd Street and E Silver Star Road. 2. Parcel Identification Numbers:17- 22 -28- 0000 -00 -050 3. Street Addresses:424 3rd Street 4. Size of Parcels:44 of an acre C. Use Characteristics 1. Existing Use:Single - Family Dwelling 2. Proposed Use:Single - Family Dwelling 3. Density / Intensity:N/A 4. Projected Population:2.99 D. Zoning and Land Use 1. Orange County Future Land Use:Low Density Residential 2. Orange County Zoning:R -1 3. Existing Ocoee Future Land Use:Low Density Residential 4. Proposed Ocoee Zoning:R -1A E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan:Yes M., FIRE DEPARTMENT Chief Pete McNeil 1. Estimated Response Time:4 Minutes 2. Distance to Property:Approx. 2 miles 3. Fire Flow Requirements:N/A III. POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone / Grid / Area:Zone 1 / Grid 105 2. Estimated Response Time:1 minute for emergencies 3. Distance to Property:Distance from Police Station is Approx. 2 miles. Page 1 of 3 Applicant Name: Juana Garcia Project Name: 424 3rd Street Annexation and Rezoning Case #: AX- 04 -13 -37 & RZ- 13 -04 -03 4. Average Travel Time 4 minute normal drive time 4 , IC VALUE Michael Rumer 1. Property Appraiser Taxable Value:40,265 2. Property Appraiser Just Value 37,954 3. Estimated City Ad Valorem Taxes:223 4. Anticipated Licenses & Permits:N/A 5. Potential Impact Fees:N/A 6. Total Project Revenues:N/A guts ' DEPARTMENT Michael Ruiner 1. Within the 100 -year Flood Plain:NO (FEMA 2009) Vl. 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 the eastern adjacent property line. Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area:Yes 2. City Capable of Serving Area:No 3. Extension Needed:No 4. Location and Size of N/A Nearest Force Main: 5. Annexation Agreement Needed:No, Applicant will use on -site septic. C. Other 1. Utility Easement Needed:No 2. Private Lift Station Needed:No 3. Well Protection Area Needed:No Page 2 of 3 Applicant Name: Juana Garcia Project Name: 424 3rd Street Annexation and Rezoning Case #: AX- 04 -13 -37 & RZ- 13 -04 -03 VIII` ° TRANSPORTATION Michael Rumer 1. Paved Access:Yes 2. ROW Dedication:No 3. Traffic Study:No 4. Traffic Analysis Zone:568 VIM PRELIMINARY CONCURRENCY EVALUATION Michael Rumer At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks / Recreation: At this time, adequate water /sewer capacity exists. C. Water / Sewer: N/A D. Stormwater: At this time, adequate solid waste capacity exists. E. Solid Waste: No impact fees will be assessed. F. Impact Fees: IXX, SITE SPECIFIC ISSUES All Departments The subject parcel has one existing Single- Family Residence. No development proposal is planned at this time. The Applicant has requested annexation into the City limits mainly for potable water connection. I X. CONSISTENCY WITH STATE REGULATIONS:Michael Rumer This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 424 3rd Street (Garcia) Annexation Location Map Nay in 0 0 0 a0L 0 M c N iiiiii Siiv`WrStar 111.111P k ffkgir lie i 0. 0 LAKE OLYMPIA e�'ACe,o(Gga{L)� O B Ocom Commun0y Devebpment Department 1 Inch = 355 M252C ket 11055 0 110 MD 330 Fact Printed: June 2013 OSublect Property Low Density Residential Medium Density Residential High Density Residential Professional Offices and Services Commercial Light Industrial Heavy Industrial Conservafion f loodplains Recreation and Open Space Public Facilities/Institutional Lakes and Water Bodies 424 3rd Street (Garcia) Surrounding Future Land Use Map ■■ ■Era .ErftT __ W1 _ _- ■� 1 • Ism P1, e ogee coeenwn Deecoew Depa nt i ewh=a52.11276i 150 ]5 0 150 e00 450 Poet QSubject Property Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single -Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One, & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R 3) Mobile Home Subdivision (RT-1) Professional Offices & Services (PS) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) EM Commercial (PUD) 10 Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) %// Unclassified Lakes and Water Bodies 424 3rd Street (Garcia) Surrounding Zoning Map GO.,� °e a - Na�,rrot PUD-LD 1 �r LAKE OLYMPIA 0ti r v r 2-- r ry RKg i c; F m j •.- .,-.,...,..-, i. m 7fxO 5. l4 ' E., 0 r r " c`, I* , t m Now Q Pt, Milt t : t ITEM NUMBER IV. D. PUBLIC HEARING MEDINA - 538 1ST STREET ANNEXATION & REZONING Mayor Commissioners S. Scott'andergrift John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Rusty Johnson, District 3 Robert Frank 0 ( O Joel F. Keller, District 4 florida STAFF REPORT DATE:August 13, 2013 TO:Planning & Zoning Commission ocal Planning Agency) FROM:Michael Rumer, City Planne SUBJECT: Medina (538 1 Street) Annexation and Initial Zoning Project No(s): AX- 04 -13 -38 & RZ- 13 -04 -04 ISSUE: Should the Planning & Zoning Commission (LPA) recommend approval of the Annexation and the Initial Zoning (R -1A) for the Medina (538 1 Street) Property? BACKGROUND: General Location: The subject property is located on the west side of 1st Street and approximately 120 feet south of the intersection of Center Street and 1 Street. Parcel Identification Number(s): 17- 22 -28- 8420 -01 -090 Physical Address: 538 1 Street Property Size: +1- .37 of an acre. Actual land use, proposed land use and unique features of the subiect property: The subject parcel has one existing Single- Family Residence. The Applicant has requested annexation into the City limits for potable water connection. The future land use & requested initial zoning classification of the subject property: CURRENT PROPOSED Jurisdiction /Future Land Orange County / Low Density City of Ocoee / Low Density Use -Joint Planning Area Residential Residential Land Use Classification @ Less than 4 dwelling units /acre) @ Less than 4 dwelling units /acre) Jurisdiction /Zoning Orange County / "R -1"City of Ocoee / "R -1A" Classification Single- Family Dwelling"Single- Family Dwelling" P &Z Meeting Date: August 13, 2013 Project: Medina Property Project Number(s): AX- 04 -13 -38 & RZ- 13 -04 -04 The current future land use and zoning classifications of the surrounding properties: DIRECTION:CURRENT FUTURE LAND USE CURRENT ZONING North Orange County / Low Density Orange County / "R -1" Residential East City of Ocoee / Low Density Orange County / "R -1" Residential South Orange County / Low Density Orange County / "R -1" Residential West Orange County / Low Density Orange County / "R -1" Residential 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 contiguous to the City of Ocoee since it bordered by property located within the City limits on the northwestern point. 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. City staff is concurrently requesting rezoning of the property to R -1A (Single - Family Dwelling). Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13 -A of the City of Ocoee - Orange County Joint Planning Area Agreement. Orange County has provided a response letter stating a concern that the property does not meet the standards of Section 171.044(6). The county is not contesting the annexation, only requesting to be placed on record. Rezoning: City staff has requested a City of Ocoee zoning designation of R -1A (Single - Family Dwelling), which is consistent with the zoning of the properties to the North. According to the Land Development Code, the R -1A zoning designation is intended for areas shown on the Future Land Use Map as "Low Density Residential ". The R -1A zoning designation is consistent with the adopted future land use designation of Low Density Residential, 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..." P &Z Meeting Date: August 13, 2013 Project: Medina Property Project Number(s): AX- 04 -13 -38 & RZ- 13 -04 -04 DISCUSSION: Annexation Feasibility & Public Facilities Analysis Report (See attached): Because the property is part of an enclave in the City it already benefits from Ocoee Fire Rescue services via a joint "First Responder" Agreement with Orange County. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. With regards to the notification form Orange County, city staff is comfortable with the annexation based on past annexations of similar circumstances. The land use and initial zoning are also consistent and compatible with surrounding properties. DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On August 7, 2013, 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 Medina property. STAFF RECOMMENDATION: Based on the above analysis and the subsequent DRC recommendation, Staff recommends that the Planning & Zoning Commission, acting as the Local Planning Agency, recommend approval of the Annexation of the +1 -.37 acre parcel of land known as the Medina Property (538 1 Street) with an Initial Zoning classification of "R -1A ". Attachments: Annexation Feasibility Analysis Location Map Surrounding Future Land Use Map Surrounding Zoning Map Aerial Map CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX- 04 -13 -38 & RZ- 13 -04 -04 APPLICANT NAME: Eva Medina PROJECT NAME: 538 1ST STREET ANNEXATION AND 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. PLANNING DEPARTMENT Michael Ruiner A. Applicant/Owner 1. Owner (if different from Applicant):Eva Medina B. Property Location 1. General Location:West side of 1 Street and approximately 120 feet south of the intersection of Center Street and 1 Street. 2. Parcel Identification Numbers:17- 22 -28- 8420 -01 -090 3. Street Addresses:538 1st Street 4. Size of Parcels:37 of an acre C. Use Characteristics 1. Existing Use:Single- Family Dwelling 2. Proposed Use:Single - Family Dwelling 3. Density / Intensity:N/A 4. Projected Population:2.99 D. Zoning and Land Use 1. Orange County Future Land Use:Low Density Residential 2. Orange County Zoning:R -1 3. Existing Ocoee Future Land Use:Low Density Residential 4. Proposed Ocoee Zoning:R -1A E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan:Yes 1I. FIRE DEPARTMENT Chief Pete McNeil 1. Estimated Response Time:4 Minutes 2. Distance to Property:Approx. 2 miles 3. Fire Flow Requirements:N/A III POLICE DEPARTMENT Chief Charlie Brown 1. Police Patrol Zone / Grid / Area:Zone 1 / Grid 105 2. Estimated Response Time:1 minute for emergencies 3. Distance to Property:Distance from Police Station is Approx. 2 miles. Page 1 of 3 Applicant Name: Eva Medina Project Name: 538 1st Street Annexation and Rezoning Case #: AX- 04 -13 -38 & RZ- 13 -04 -04 4. Average Travel Time 4 minute normal drive time C VALUE Michael Rumer 1. Property Appraiser Taxable Value:61,652 2. Property Appraiser Just Value 61,652 3. Estimated City Ad Valorem Taxes:360 4. Anticipated Licenses & Permits:N/A 5. Potential Impact Fees:N/A 6. Total Project Revenues:N/A V. BUILDING DEPARTMENT Michael Rumer 1. Within the 100 -year Flood Plain:NO (FEMA 2009) C 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 the eastern adjacent property line. Nearest Water Main: B. Sanitary Sewer 1. In Ocoee Service Area:Yes 2. City Capable of Serving Area:No 3. Extension Needed:No 4. Location and Size of N/A Nearest Force Main: 5. Annexation Agreement Needed:No, Applicant will use on -site septic. C. Other 1. Utility Easement Needed:No 2. Private Lift Station Needed:No 3. Well Protection Area Needed:No Page 2 of 3 Applicant Name: Eva Medina Project Name: 538 1st Street Annexation and Rezoning Case #: AX- 04 -13 -38 & RZ- 13 -04 -04 s : ' TATION Michael Rumer 1. Paved Access:Yes 2. ROW Dedication:No 3. Traffic Study:No 4. Traffic Analysis Zone:568 VOL PRELIMINARY CONCURRENCY EVALUATION Michael Rumer At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks / Recreation: At this time, adequate water /sewer capacity exists. C. Water / Sewer: N/A D. Stormwater: At this time, adequate solid waste capacity exists. E. Solid Waste: No impact fees will be assessed. F. Impact Fees: IX. SITE SPECIFIC ISSUES All Departments The subject parcel has one existing Single - Family Residence. No development proposal is planned at this time. The Applicant has requested annexation into the City limits mainly for potable water connection. I X. CONSISTENCY WITH STATE REGULATIONS:Michael Rumer This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 538 1st Street (Medina) Annexation Location Map t N Nay c 0 S ver ar pCOEE Ocoee Community Development Diipiimmium 1 inch = 325,57321 feet 10050 0 10D 200 300 Feet Printed: June 2013 OSublect Property Low Density Residential _ Medium Density Residential High Density Residential Professional Offices and Services Commercial Light Industrial Heavy Industrial Conservation/Floodplains Recreation and Open Space Public Facilities/institutional Lakes and Water Bodies 538 1st Street (Medina) Surrounding Future Land Use Map LAKE STARKE .ref fS ■W -� . 1� ISO 538 1st Street (Medina) Surrounding Zoning Map e S�C� elCgdL"i, n er Ocoee Lo DeOanDepan Devebpmeot menf 1 inch = 293.500409 reef 100 w 0 100 200 000 Feet OSublect Property w —A T� Zoning Classification: 0 General Agricultural (A-1) Suburban Single-Family Dwelling (R-1AAA) Single -Family Dwelling (R-1AA) Single -Family Dwelling (R-1A) Single -Family Dwelling (R-1) One- & Two -Family Dwelling (R-2) Multiple -Family Dwelling (R-3) Mobile Home Subdivision (RT-1) _ Professional Offices & Services (P-S) \ L Neighborhood Shopping (C-1) Community Commercial (C-2) pr General Commercial (C-3) GI. Restricted Manufacturing — & Warehousing (1-1) General Industrial (1-2)`""�- Commercial (PUD) Low Density (PUD) _ P U 1../ Medium Density (PUD) High Density (PUD) Public Use (PUD) Unclassified - Lakes and Water Bodies w y 1 Center 420 o A. Q. MI a w CN Nay g f 8 41 wa 1, N: r 1 L. t s 0 ITEM NUMBER IV. E. PUBLIC HEARING WEST 50 COMMERCIAL CANCELLED ITEM NUMBER V. MISCELLANEOUS A. Project Status Update B. August Calendar 4r;: ' v Y" v - L% sa s. -„ ak fa ,,. 5 r + ts 3 a t 7 l • a k. f ,+ r rt a '^ K=': ^ . t ; .' 4a r d x v. x'l Rs >,<.. t t n K a F ' ! ? s d •'"^e x 1 a ( e f r ' r -a 1s. y s , ks k 3 4 a T. s Via. All Sports Me Care LS- 2013 - 002 Site Plan 7/2/2013 AF 1st Comments sent 07/22/13 Comments sent 07/08/13; DRC Meeting 08/07/13; Scheduled for P&Z on 08/13/13 and City Commission on 008/20/13 & Arbours at Crown Point RZ- 13 - 04 - 02 PUD Rezoning 06/07/13 MR 2nd 09/17/13 PreliminarySubdivision Arden Park North Phase 2 LS- 2013 - 003 Plan 07/10/13 AF 1st Comments sent 08/01/13 Arden Park South LS- 2006 - 008 Plat Review 02/28/13 AF 3rd Approved & Recorded 04/23/13 AX - 08- 13-41, RZ - 13 08 - 07 & CPA - 2013- Annex, Rez & Barkeritaville 002 CPA 08/02/13 MR 1st Comments due 08/16/13 Brynmar Phase 2 Plat Review 07/12/13 AF 3rd Approved and Recorded 07/19/13 Citrus Medical LS - 99 - 014 FSP Revision 01/17/13 AF 1st Comments sent 01/30/13 PreliminarySubdivisionPlan & Vested City Commission approved 12106/11; Vested Eagle Creek of Ocoee LS- 2009 - 002 Rights 06/30/11 AF 4th Rights Appeal has been settled July 2013. Annex, Rez & East Crown Industrial AX- 07 - 07 - 10 CPA 02/25/08 MR 2nd Waiting on resubmittal FinalSubdivision Fountains at Tivoli Place ( FKA Fountains at Plan for Phase Highland Park) LS- 2012 - 002 1 02/01/13 AF 4th Approved 05/08/13 Small Scale Franklin Street Office SS- 2013 - 004 Site Plan 07/11/13 MR 1st Comments due 07/30/13 Preliminary / On hold pending receipt of the Joinder & F/X Warehouse Complex LS- 2007 - 023 Final Site Plan 05/11/09 BH 4th Consent Forms AX- 04 - 13 - 38 & RZ- Annexation & Garcia - 424 3rd Street 13 - 04 - 04 Rezoning 04/15/13 MR 1st Scheduled for P & Z on 08/13/13 AX - 07- 13 - 39, RZ - 13- Annex, Rez & 07 - 05 & 1- 13 - SE- Special Heaven Bound Church 019 Exception 07/24/13 AF 1st Comments due 08/09/13 Special Iglesia Cristiana Sendero De Luz 1 - 12SE - 018 Exception 09/06/12 MR 1st Comments sent 9/25/12 Marshall Farms Business Center LS- 2009 - 003 Final Site Plan 12/10/09 AF 2nd Staff Comments sent out 1/11/10 Current Project Report August 2013 / Review 8/9/2013 1 of 2 s # a ars.... , s+fr'., r z;. t i ;.) " ¢ t l 6. 1F c o- t6 r s + 3'.v "... "' . ` i& , „- x. t"<a. , § ra' xi's r„ r ` T 53 ; aw5x , f " r . a :.., h . ' - 41A10 sk b k#x. - T q" y a y"a= g s x r % To' s i : , : k t 1 7 t: ' k t ' a w AX-04 - 13-37 & RZ- Annexation & Medina - 538 1st Street 13 - 04 - 03 Rezoning 04/05/13 MR 1st Scheduled for P & Z on 08/13/13 Oaks Commerce Center SS- 2007 - 005 Final Site Plan 09/19/11 AF 6th Staff comments sent out 09/28/11 Small Scale Ocoee Elementary School Site Plan 07/18/13 MR 2nd Comments sent 08/06/13 Small Scale Ocoee Health Care Center Addition SS- 2013 - 002 Site Plan 04/24/13 AF 1st Comments sent 05/09/13 Small Scale Comments due 06/11/13 - Review placed on Paws & Play SS- 2013 - 003 Site Plan 05/24/13 AF 1st hold by Applicant Primrose School SS- 2012 - 005 Site Plan 02/01/13 AF 4th Approved 04/05/13; under construction. AX - 05- 010 - 21 Initial Zoning of Roberson Road AX & RZ RZ- 10 - 05 - 04 PUD 05/24/10 AF 1st Staff comments sent out 6/17/10 Small Scale Site Shoppes at the Village SS- 2008 - 005 Plan 04/23/10 AF 3rd Staff comments sent out 5/24/10 Silver Bend Subdivision Appeal 12/14/12 MR 1st Appeal being negotiated. Spring Lake Elementary School Site Plan 12/20/12 MR 1st Construction to begin August 2013 Small Scale Wendy's Restaurant SS- 2013 - 001 Site Plan 06/21/13 AF 3rd Approved 08/07/13 Wendy's Restaurant Plat Review 07/17/13 AF 1st Comments due 07/30/13 DevelopmentAgreement West 50 Commercial LS- 2006 - 005 Amendment 07/15/13 AF 2nd Scheduled for City Commission on 08/20/13 FSP Revision & Dev Agreement Westyn Bay LS- 2000 - 002 Amendment 05/20/13 MR 1st Scheduled for P & Z on 08/13/13 AX - 07 - 10 - 26 Annexation & Staff Comments sent out 08/03/11; pending Whisper Winds Landscaping RZ- 10 - 11 - 12 Rezoning 07/13/11 AF 4th submittal of deposit Current Project Report August 2013 / Review 8/9/2013 2 of 2 August Jun Mon Tuo Wed Thu Fri 1 1 2 3 SCHooL HRDB 7:00 pm / Comm. Chambers 4 5 6 7 8 9 10 City Commission 7:15 Community Grant pm / Comm. Chambers Review Board 7:00 pm / Comm. Chambers CACOFD 7:00 pm I Fire Station One 11 12 13 14 15 16 17 Planning & Zoning 7:00 City Commission Movie in the pm / Comm. Chambers Budget Workshop @ Park 6:00 p.m. / Comm 08/20 Staff Report due to Chambers 08/20 Agenda Items due to City Manager Food Truck City Clerk 1/7-18 ( as needed Friday 08/20 Agenda Published 18 19 20 21 22 23 24 City Commission 7:15 First Day of School pm / Comm. Chambers 25 26 27 28 V L' ° 30 31 6011 PR Code Enforcement 7:00 pm / Comm. Chambers ELEM wrAQ City Comm s / 4 Budget 09/03 Agenda Items due to Workshop @ itk 19/03 Agenda Items due to City Manager 6:00 p.m. / Comm 14; 10ii Aliff Clerk Chambers 09/03 Agenda Published 2013