HomeMy WebLinkAboutItem #09 a.b.c. Spring Lake Reserve Rezoning, Land Use Plan and Development AgreementI WWR �W/
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AGENDA ITEM STAFF REPORT
Meeting Date: February 18, 2014
Item # q Q_ . \ ) .
Contact Name:
Contact Number
J. Antonio Fabre, AICP
407 - 905 - 3100/1019
Reviewed By:
Department Director:
City Manager: 's
Subject: Spring Lake Reserve
PUD Rezoning Ordinance / Land Use Plan - Project # RZ- 13 -11 -09
Commission District # 2 — Rosemary Wilsen
Background /Summary
The subject property is located on the south side of A.D. Mims Road directly across from the City's Jim Beech
Recreation Center. The subject site is approximately 43.21 acres in size of which 17.56 acres are uplands
and 25.65 acres are wetlands /surface water. The subject site is comprised by two (2) parcels identified as
Parcel ID numbers 09- 22 -28- 0000 -00 -038 and 09- 22 -28- 0000 -00 -001. The subject property has a physical
address of 1811 A.D. Mims Road.
The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of
the surrounding parcels:
DIRECTION:
JPA FUTURE LAND USE / JURISDICTION
EXISTING LAND USE / ZONING
North
Recreation & Open Space / City of Ocoee
Jim Beech Recreation Center/ "City Park"
East
High Density Residential /City of Ocoee
SFR(s) (Reflections Subdivision) / "R -3"
South
Conservation - Floodplains / City of Ocoee
Spring Lake
West
Low Density Residential / Orange County
Vacant. Undeveloped / "A -I"
The subject site is currently undeveloped with a variety of trees, wetlands and 100 -year floodplain areas. The
Future Land Use designation for the subject site is "High Density Residential" which allows up to 16 dwelling
units per acre. To the south there is a "Conservation /Floodplains" future land use designation that is
associated with the Spring Lake basin. The rezoning would be from "R -3" (Multiple - Family Dwelling) to "PUD"
(Planned Unit Development) with a corresponding Land Use Plan (LUP).
The Spring Lake Reserve PUD is a planned residential subdivision that proposes a total of 99 single - family
detached residential lots with a requested net density of 5.59 units per acre, which does not exceed the
underlying land use maximum density allowed. The PUD is proposed to have a neo- traditional neighborhood
design concept similar to The Villages of Wesmere. These include on- street parallel parking, park muse,
reduced setback requirements and residential lots with rear loading alleys. The alleyways are proposed to be
contained within 30 feet wide tracts that will be owned and maintained by the homeowners association. The
other residential streets (50' wide) are planned to be designated as public right -of -ways. The residential lots
will be approximately (16) 50 feet by 110 feet and (83) 33.7 feet by 78 feet. The PUD has a minimum living
area set at 1,500 square feet. The development is proposed to be developed in one (1) phase.
As shown on the Plan, the subject subdivision will only have one main access from AD Mims Road with a
designated left -turn lane to be constructed by the developer. This main entrance will be aligned with the
existing Beech Recreation Center access across the street. In addition, there is a proposed internal street
stub -out for the potential future cross - access of the property to the west. The Plan also shows a 6 -foot high
privacy wall with landscaping will be installed along AD Mims Road. Columns and decorative railings are
proposed along the open space portions of the site. Along the east and west portion of the site there will be
PVC privacy fences and appropriate landscaping.
Consistent with City policies, the 100 -year flood plains will not be disturbed. Approximately 6.01 acres of
wetlands will not be developed and will be designated as conservation areas. It should be mentioned, that
there is a small wetland area (.24 acre) that is programed to be disturbed. The Applicant has proposed an
onsite mitigation program which includes providing additional "Protected Buffer Areas" (1.52 acre).
There is one (1) waiver from the Land Development Code that is currently requested. The Applicant has
requested a two (2) trees per lot requirement on the residential lots that are 33.7' wide instead of the typical
three (3) trees per lot requirements. Staff supports this request because the size of these lots makes it
impractical for three trees to properly fit and grow. The Applicant has also proposed to account for the third
trees in common area tracts as mitigation.
School capacity for the subject development has been determined to be available by Orange County Public
Schools. The City's Transportation Planners (Renaissance Planning Group) have agreed with the conclusion
that the proposed development will not adversely impact the City of Ocoee's roadway network or
intersections. Water & wastewater, reclaimed water, solid waste, police and fire protection will all be provided
by City of Ocoee.
Issue
Should the Honorable Mayor and Commissioners approval of the PUD Rezoning Ordinance and Land Use
Plan for Spring Lake Reserve?
Development Review Committee Recommendation:
The Development Review Committee (DRC) met on January 8, 2014, and reviewed the PUD Rezoning and
Land Use Plan for Spring Lake Reserve. There was some discussion on the turning movements for fire and
solid waste vehicles, alleyways, agreement for Police enforcement on alleyways, housing architecture and
overall net density for the project. When the discussion was finished, the DRC voted unanimously to
recommend approval of the PUD Rezoning and Land Use Plan, subject to the resolution of the remaining staff
comments.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed PUD Rezoning and Land Use Plan for Spring
Lake Reserve on January 14, 2014. City Staff presented a brief summary and overview of the requested
actions. City Staff answered several questions regarding the site's existing conditions, access into the site, re-
planting of trees, preserving existing trees, PVC privacy fencing, and overall buffer requirements. The P &Z
Commission suggested that the applicant should provide a trail or boardwalk around the lake area and a
flashing light at A.D. Mims Road for people to cross. The P &Z Commission also discussed approval from the
St. Johns River Water Management District (SJRWMD) due to the wetlands on the property. Staff stated that
initial contact has been made with the SJRWMD by the developer and that the project complies with the City's
requirements. Additionally, the SJRWMD does concur with the preliminary environmental report conducted.
City Staff also responded that Bio -Tech Consulting provided a report that addressed the wildlife in the area.
The results showed that the observed species were not managed species.
When the public hearing was opened, residents of neighboring subdivisions and adjacent to Spring Lake
raised concerns about the proposed Spring Lake PUD project. Some of these shared concerns and requests
from the residents included:
• The quality and security of the proposed PVC vinyl fence;
• Extending the fence to the entire length of the subdivision on the east side (abutting the Reflections
Subdivision's common recreational area);
• Preservation of the wildlife in the area;
• A fence higher than 6 feet to divide the neighborhoods;
• More space between the new development and the Reflections Subdivision;
• Encroachment of the wetlands to the floodplains;
• Drainage into Spring Lake;
• Pollution of Spring Lake;
• Increase in the noise level;
• Emergency and sanitation vehicles getting through the neighborhood.
The applicant addressed the concerns and suggestions by offering the information below.
• The proposed rezoning to "PUD" will decrease the density of the development, compared to the
current zoning, "R -Y. Additionally, under the "R -Y zoning, the developer has the option to construct
three -story buildings; however, the proposed project will only have two -story homes;
• A two -day wildlife study was conducted, and it concluded that there are no endangered species
inhabiting the area;
• The developer is very aware of the wetlands, and is providing buffers as required by the City.
• Trees will be planted that are close in grade to the existing trees. The intent is to keep the area green,
and to save as many of the existing trees as possible;
• Offered to increase the diameter of the trees (4 -inch caliper trees instead of 2 -inch caliper trees) along
the PVC vinyl fence adjacent to the internal roadway;
• The proposed PVC vinyl fence is beyond what is required by the City;
• Offered to extend the fence on the east side of the subdivision (abutting the Reflections Subdivision's
common recreational area);
• Addressed the concern of emergency and sanitation vehicles travelling in the subdivision through the
use of AutoTURN software; some adjustments were made based on the results;
• Extensive studies and surveys have found that the development will provide for proper drainage;
• Agreed to look into providing a boardwalk or observation deck by the lake;
• Offered to look into ways to reinforce the proposed PVC fence and will look into providing an
alternatives to the vinyl fence that will work for everyone;
• The subdivision will have a Homeowners' Association (HOA) that will maintain the PVC fences.
After the public hearing was closed, P &Z Vice - Chairman McKey inquired regarding the drainage of the water
entering the lake and wanted to know what would be done to mitigate any issues. City Planner Rumer stated
that the City engineer and staff will look into this. He reminded the board that the development will not move
forward without first receiving a permit from the SJRWMD. P &Z Member West stated the applicant has
addressed many of the residents' concerns. He continued by saying that the development is nice, and will
better serve the area than a multi -unit project. P &Z Member Keethler opined that development of the
sanctuary -type land may be shocking to the residents; however, the land is private property and will be
eventually developed. Additionally, the developer has tried to mitigate many of the residents' concerns as
possible. After finishing its deliberations, the Planning & Zoning Commission voted (7 -1) to recommend
approval of the Spring Lake Reserve PUD Rezoning/ Land Use Plan.
Staff Recommendation
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
City Commission approval of the PUD Rezoning Ordinance and Land Use Plan for Spring Lake Reserve,
subject to resolving any remaining outstanding staff comments.
Attachments
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Rezoning Ordinance;
Proposed Land Use Plan for Spring Lake Reserve PUD stamped dated received by the City on January 8, 2014.
Development Agreement
Financial Impact
None
Type of Item : ( please mark with an `x')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
_ N/A
X N/A
N/A
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ORDINANCE NO.
(Rezoning Ordinance for Spring Lake Reserve)
TAX PARCEL ID #: 09- 22 -28- 0000 -00 -038
09- 22 -28- 0000 -00 -001
CASE NO. RZ- 13- 11 -09: SPRING LAKE RESERVE
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R -3, MULTIPLE -
FAMILY DWELLING DISTRICT, TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 43.21 ACRES LOCATED ON THE SOUTH SIDE OF
A.D. MIMS ROAD, PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant ") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission ") to rezone said real property (the "Rezoning "); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 43.21 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee R -3, Multiple - Family Dwelling District, to Ocoee
PUD, "Planned Unit Development "; and
WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission "); and
WHEREAS, on January 14, 2014, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
ORLA_1281024.1
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 43.21 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -3,
Multiple - Family Dwelling District District, to Ocoee PUD, "Planned Unit Development." A
map of said land herein described which clearly shows the area of the Rezoning is attached
hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 3. LAND USE PLAN The following Land Use Plan for the Property
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon:
That certain Land Use Plan for Spring Lake Reserve PUD prepared by IBI Group
(Florida) Inc., date stamped received by the City on December 13, 2013, with
such additional revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this
reference made a part hereof.
SECTION 4. COMPREHENSIVE PLAN The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 5. ZONING MAP The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article V of Chapter
180 of the Ocoee City Code.
2
SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 8. EFFECTIVE DATE This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 20
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED 20
READ FIRST TIME 20
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of 20.
SHUFFIELD LOWMAN & WILSON P.A.
C
City Attorney
20
EXHIBIT "A"
(The "Property ")
Begin at the Southwest Corner of the Southeast 1 /4 of the Southwest 1 /4 of Said Section
9; Thence Run N89 °56'35 "E Along the South Line of Said Section 9, a Distance of 482.31
Feet; Thence Run N40 45 48 E, 1322.09 Feet to a Point on the East Line of the Southwest
1/4 of Said Section 9; Thence Run N01 ° 15'30 "W Along Said East Line a Distance of
880.33 Feet to the South Right -Of -Way Line of the A.D. Mims Road, Said Right -Of -Way
Line Being Described in Official Records Book 1204, Page 172 of the Public Records of
Orange County, Florida; Thence Run S75 °28'32 "W Along Said Right -Of -Way Line a
Distance of 1389.78 Feet to the West Line of the East 1/2 of the Southwest 1/4 of Said
Section 9; Thence Run S00 °42'58 "E Along Said West Line a Distance of 1536.90 Feet to
the Point of Beginning.
rd
EXHIBIT "B"
Spring Lake Reserve
Location Map
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EXHIBIT "C"
LAND USE PLAN
[ATTACH LAND USE PLAN]
PUD, RE- ZONING and LAND USE PLAN
for
SPRING LAKE RESERVE
NOVEMBER 13, 2013
j'"'
LEGAL DESCRIPTION
BEGIN AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHIA EST
1/4 OF SAID SECTION 9; THENCE RUN N89 ° 56'35 "E ALONG THE SOUTH LINE OF
SAID SECTION 9, A DISTANCE OF 482.31 FEET; THEN DE RUN N40 ° 45'48 "E, 1322, 09
FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1 /40F SAID SECTION 9;
THENCE RUN N01 ° 15'30 "W ALONG SAID EAST LINE A DISTANCE OF 860.33 FEET
TO THE SOUTH RIGHT -OF -W AY LINE OF THE A.D. MIMS ROAD, SAID
RIGHT
-OF WAY LINE BEING DESCRIBED IN OFFIOALRECORDS BOOK 1204, PAGE
172 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE RUN
S75 ° 28'32 "W ALONG SAID RIGHT -OF -WAY LINE A DISTANCE OF 1389.78 FEET TO
THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 114 OF SAID SECTION 9;
THENCE RUN SOO'42'58 "E ALONG SAI D WEST LINE A DISTANCE OF 1536,90 FEET
TO THE POINT OF BEGINNING,
WAIVER TABLE
CODE SECTION
CORE REOUiREP,IENT
PROPOSED
STANDARD
JUSTIFICATION
LD ARTICLE IV SECTION
TEE _HALL E PRVIOED
TEES SHALL EE Frow
THE 33 -/' LOTS ECULE5
IL(6)
T A RATE OF 3 m ES
T A. PATE OF 2 TEES
COI.ICN OPEN PACES
ADJACENT AND NEAR THE
.
PER LOT IN RE TENTIAL
L.r ISIONS
PER LOT FOR 13, LOTS,
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LOT ,HENE THE TREES CAN
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RESIDENCE ELEVATIONS — 50' LOTS
9E PLANTED IN C019.101
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BOUNDARY SUR
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IBI GROUP (FLORIDA) INC.
I B I ENGINEERS SURVEYORS PT ULTANT In of DcoBE
LANDSCAPE ARCHITECTS ENVIRONMENTAL CONSULTANTS C o9ax c6 couNTr
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PROJECT ADDRESS: 1811 AD MIMS ROAD
CITY OF OCOEE
ORANGE COUNTY
II PROJECT
LOCATION MAP
N.T.S.
APPLICANT C", ERCINEER.
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TAX I.D. PARCEL NUMBERS:
09-22-28-0000-00-038
09- 22 -28- 0000 -00 -001
CURRENT ZONING: R -3
ITE
Sheet List Table
Sheet Number
Sheet Title
01
COVER SHEET
02
PUD, RE— ZONING and LAND USE PLAN
03
PRELIMINARY ENGINEERING
04
EXISTING CONDITIONS PLAN and WETLAND
IMPACT MITIGATION PLAN
05
CONDITIONS of APPROVAL
06
TREE IMPACT, MITIGATION PLAN
07
LANDSCAPE and PERIMETER TREATMENTS
08
RESIDENCE ELEVATIONS — 50' LOTS
09
RESIDENCE ELEVATIONS — 33' LOTS
S7
BOUNDARY SUR
CASE Fr31.19ER:
R7- 13 -11 -09
101 PROJECT NUMBER:
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taNrrn herein znae be mmhnea<o wawa am prweim Dane tans veceacm. meoee«¢ ptmue«. maeyraz4zarorn onawaiw:t,bk o: o-p3cnhzN ON O=.ne pl+n.
Ay ea au.— tructre^,awmes reld<a a uepr sn,a bey ed Ndh sane; to the app 1-1--
eYna
h
en az¢m,oan on e pep m e vubA<zseek «ceps nln......eelecniom sown on lna 1111-11-1 --- i 1-d-11
she Plan.
¢ [wGwa+g pw +e; ones. «k5nv acrid ana dilM racidra) ws be remw<a ana'or ter v .1 Prior to a ewrinp mawabn N n. e..ncpment
<ms ro-M k z.gen to n nn clamant avrezmenl coca remreea F sn�cln ;cones eo � a _.
n 2 .m; c c- r.N.cm;iea P
< dto(pe<a,rmasa�,-narts. eazertx MS ,c ere-1 o lhe tM1< 1— n (lh . m1 th,1 1 ernun ace bN +,a acne p:cp<M
me m k pn�xmamon� a�a (q ova; sty d—, eaem<ns ,ne bip a
orsak owm<mz t Is wxoGaeo tn c, e cor,nb,nuor the sa Jona xNer weer
M rtorse�rE,wWwo�an e < raw tw P.cMk ;wr.w,m, ran - p e nr,pnnnnN p p<ra.
t -,o n.Nawm b. pnnma imcau amadu aleaw < marxm :NV emEmamtne zheN In P.mnb; acne l>,. aosstm each Nar+nl
e;sane . tonne coo r.x<s • unm_ almp nn the anoswbarwicnnua.ence«Atsu<n err. a: rem. wamry n,nml. tone propeM. Pe
e cometedwen n<kaaN mai®.edomn<acne anesobion Alt me ^.^ q tc v em the named
tn. zrmarcron that b., o•ea NineeN COmmk,wno ne°ey�tb n„
sam c„reu.pon,natnseeonaawa or Powe+•I=cnrtn ova ,n<+zceo..LOpmeneeeen<p�e+sionz anal+rre vse Planana tlrm .eonexlansaPop:.+>r
Ime a dwempmea the Panc<e unaoevdpmer6 0: arty phase p;opmee ror e<.LOpmera, sty =orrpN wnn au cM rrydnlms ant oranan¢s Feed n me+im- N
<ona auey�ern deers a Peemk cozy
1. -d oaa cponnna,p N ne earns tn. imran ;cdua aeerms<a under Pe e...........vem <d systemznan be aaa,bo
tS1F +<EiMiomeMMariwstnors�ar < :,q �.een ue th v s
p a „eewie.: ,l 14 d� e pra
mne r tmnl dnv.aesoen Ns tnien<znaabe Imcea ward a,vMI
- rmrn<eNO'asde,rd,sal N.Lb,armle. m,nzw ncm,a,sF.el' :rw�ax
st .reds, o scre<n<wnn.eveNwzNrneerynsncna . wrcmna wmn
m � °rt wa `t and ode e(aMr tn+nc+obesa <n<n I as
th f ee
no pa p;dnm <mslrudwnoc thesame « cep sv« a' -e N m app owd ears snbeNF anPwcmd sae Plan omabae'na pwmia ere kzn mr
re. en me.d�d m ana h,m wnb. <.nuaxe n la ben. N.n< d m.wrla u,d laora,a, n eN<rmrn. mnLne; a nn .,a, tree neea:m e<:<mw a ra prior to m tr.,
removal xo ere m swearw zaewo wnr. nmp co trucaon raeu ue des coca rseweenne Been cea m +nee wmtree on earh<rs.
sM omsa�sz wdva d e�ia Nave eaemenk znaA be prwNM V:k;uwaue nme apldwa
i m e ace w in nmd(to)emun <nt alenv the had o5 lolwal be place arwna «kenv p ;ekNee sea to be p;me;wa.
s. Ap w. ra is ran, od < (s)deN,rw caw,ve em.ma,lwiuNpoeee glare nsd. la acs and con ran fav)uw M, —h ana ndw I.- -adld—COme
sb<n -zw,.p s wie ecN e<pl+ae in nh....m.. a oecesary+e wn,n<m.wne «bnc° ,hn.e tr«s to be I— —d
o+m<s ..wlN,ne maimenance.,z.m . dzshah be 1, It. banes a the asocinion. me om horazc.d d,, eazem-mz shm be mute aby u. 11-11 lot or has
INZ erne lrada are :nano mrl¢nlcn cdy. fns ememen dlmem lone ova b<z horn 1,, '.'I'd. -1-11 s a. Plan ant w 1111 seed
Inmed�y r: wemeM.. -rent p [Man < a�n -;arm ra la,
.,nwcem<n �eeana doe mn.rm eewwm. ,n:wmN r�a�l`;:m t�� :w ° ae'a°a:.m.^t,nr:'ma oi:orm �� °speam�r:�;, + �,o_ +bl
epNrcr. dr.e<r.rapes,.b +n tlx`ca;f :me'; ° ; m< tenth nd mmau<. <nm ;-
man rn era 11 cn u. I'll .
m < .,O n wn c mwwra,nmr ,. amcom+wn.r• °. we ;4snaaarc . . r wswm.
M [i4 to eery, meeana eqa¢ asszm<mz roe mainbrun¢ ocommon area a the ass oc+t,lm ralk a m se or talk m mairr:,m ammzm<dz n+
we aaornv b ,ee<CM n. renL ba na the oeApNwn. m manaaln +u common sea, :hours the Assoaab'on fad to d- so me; nd' "¢ nom the ea. i
eN mre.n>tu salon, tn. [M znae ee .ndke to celrroua<m.nt nom tn. azzodAOn ana mall b<eaalea ro ;cape ne .trzeGa.Fn'e Iwy ms re t
_hd _h on - ern not ne oeov+ecnbm+raalrterap ne ztmru+ns manmemem znkm,wn- propeMfue "svla=)ana cman rei<eorzemem
=unl rom a sod o; om ne ne,n(,)tr.nae;N <ornolNU.m<meen nth nth oremr<¢a(b)atice pmm'asliu rsponsiele ror mamen,iwe acne styes.
chary avagabre m 11, 11 1, th. went N eezoweon ,na+n,t a aksronlon
pr zua pp al n<n ue t cN mry anus to Iwv+ oNl<d mseamenk +ne p F<a wan p fn<r.m nommN, a eezoznron or u.
em vnry�a<ndaswn mwedw. aoeonntne e.am,mz <.p<me ace v +esn BOna
N. ;w.ron m oopov.M e or.neaNnciy earn aher powann�uenea znae be z+ bieam,aszmertsl «I<eNth-a;scaason
wrP;wzionn , <cememtoan son ecMorswrsrep.s rocenzemerP.e4lw,n uklamentr<mra.ew nne+meceme.
am w nu. AZmoam h, —t, xm nu. nth. mpony v. nsp nw.rwrM a«aa
I orw n protedwiA he aedwneata Pe pubncnuerime aplminvnlazanemkendea.
ea ana marma.xa y A;soanwn wrn aces ana �wry.m-mem, padeam P.cry sum ;o+ez wdl be
ce NA .eerua c ^ ana n l . p l MP a •rt e s n v mmmen nee meeun wr,era lane ow<lepme^t[oae r.pmemerh 1,. be lrr.t,lee b ne
a eM o.o.. o.nen ana Nem. Q..a 2oaakn PpPo<m for upga.e w ne � v p e a ror
or a e;enre a een an ar z¢L llgh an eu core
a liyh, zewrAy f�k ana livrtptp. vittut 3J aynsd -.wry ana co area me N'mv a:: +nt tzna oe+elovm + ^t ems regw•em <ms mall ee Irs1aF<e er tna
1 o e cx om aloha a hers a her ace a sou re p ne
- mph ♦ge� >e el the orap.
n coca ror pales
ewmrm Plan apgwal shall coned NI rNerencs n
zar ormb [a a of a a a a men
cz(.c a mNre ar<e In
N k.w cn
a m n n<n e. ooabuodtl. siew.akz to ammon arcs sn,e b. oorcn.dea +t n<brm a p scot
< mrz stvmvau a +�" <�N neo erase u,cstzv. slopes to 2 r..t b.lw neltvuczoarnato ;ego er< a znae be a wan e+wrnl..
. z e 111115wip:rcwpuaa the slerm..a<r neee or an pvbac re,eswanm ue voted
ur a z ran r e ron areas a a e kN(19) koh. th.mp athe badr.
(walN praises la, u s r W'ws� mduGnp ae pees, Inlek, mannolm, muaor<, ma ;Lane -n pmdz. wiv be a<nea - pe;ama ana m+lmainea by
t zoc n. n•<ananme P tnsa conahom or Poprwa(the
P owaersnau
rem +w r as .mmn nmcec eswMS NOmxnv e O wdv suc1. m `m nh
I the eert.ewn o ror me rs em mu u. P' xu on rv<c ace oeNsso sco1e14 ,nene11.-
xw a,+tl. mzimw�w.ertM Do .�.m ;e :au.SJRareo+ne.Ilhamfer fie=we+re
h 11. S1Nwuo hue he<n aeaaee and
Iv. Ise awns each puwieeawen a coq of ue 6vneR popwee m,iMnaroe planwan ;copes m tM •wME', ana
suds n,z b<en neawnn +wm<nsldemed r;mntro wmoa,mn annow<evicv rec.mt often owcuk vroposea m,nnnanm qan wan
d to 1.
ron t es o an dnNa minimumabw<LC<l inetm coca l «elsnall oaths NproranemtaEbMacEUa elwdlon
r n cowl «ceeatM toJV•m covey etl Ntne sWtS Calalniom.
to
sNeeo ph wan ae QawremerN anr nmenb em a a aM v:e•'em
" eeM1Sd zh knw shah
ers aned)euF s come, eyaryaedb news ads i - sew wedan6 mahu=ho
epeM kreoo naa byvsWmn ana naEa'd. p -Ma Ere- ocmuaa Pdse m. Genera w rdmdo,l
err r acs meNd mmhuROn.
true aperiv qi¢t mmenc< ent, the onme;w•v map the lnrkalckenalwnmrdeahlhesa< ,nd
w.rnyMe ffoot NS)oq,na car nom . maY +k�. cmvewee n "eor,�n�am ezer a one
nsz elm .`cyne eemew,tion ana orawave Eaze— th -11 b, crtYpror to P e wra..d.
on kL.(lv)i. medmu� <e (.9nesps lolawn.non.(pwln be eapnneamadreLeee ana piaae wthe nom Yard. il. n.ezznavbe
-- ant arrn wo Fcna, (z) n e'umns nbr.rt naps (oeN). one(t) erine thre. �) sea regne<e rw the 3tv let my b. plmmd
rna common ars. w+ s (�tormm�e d wont bo an s<le.d ins,mar�ra,r lok ron n < a¢Igss ur, z leer(N')letin.v ue la ua
ron_ <wsw ace opeM locnedodsieetne occeeeommrmyaeeevelcpm.^ lees([ aAJ wwPan.wwbasueva<
e rwetnon ° a, m n�el < famN rose m an «Pane I <t +noz<po;5cm a vropenia uat t kat one (1) N u- nr.< lw sane Pne rcllw:nv;-:oat
sc;w s:0 mml
as. (ip F,rsl reduez, w (a0 sesame naNrn lube,s Iz san5 Nan, sect ss soup or tmeNnm.
=emmw rs.an ez +mm.r.+mPi:4N<puam(sSxJWama Op.•sp +ce;e'.l¢m..
m,aNa (eM d
a�q.rd b ec .elk (p<nkFw>J d mzl� ve l"ee,mm� „e� n, reipee , `su I d mawlspe a Space nall ¢nnaed
.. kN ma p<mn menn,nwd mamas ror ; -am< m,w<nan«. Ar,l. p, ecarbw. PAC. tN «ma Pa ;w., ,nd
P ;N-amnPot aw � cn'�c`izum
a mraw - <pLd<a,w,lm ,r. r<pdrm m m pl +=.e wmm� the �pdm bNkm a„rwW dov Iwm nr wLdm. m< per m. a Pa. <wrlm k mtr rw. tn. waw
' +ant erne norrrwdm rrrnon eM ersu¢uau.zwa. fak ana eawne irtome soazol nntner< iz nosh <N na.'rr2o n<I.x <m w<rl,ci rn menoaawn<;
ac +INi ( n.0 mlmK the `morphon ice aonaam �dc wAl.nsakkwnu�lw, < ;vantM tmoaapty ,ne mmt roNw accepae 1st tnanavement
cpraF crass 1M1dl be eNerma tmv+rss swn ®. cola na ruzNr, +M
trxn,um.�noz v ex.rrteneaea mlr,r.. pvLm.,rw,a Pra.dNn A<+(wPPAZ Cnmeazxm isi
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P.O.Bm IA- 11-1 I L EK SEAS ALREEA NI
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1.1t IAU Var/eLrm.Fxi ,wTMAlrm E rAl[sn ms [Axc ® nvrorts save rrns
N �a a9 x�N ,rAF SHEET 1 OF 1
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
SHUFFIELD, LOWMAN & WILSON, P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32801
(407) 581 -9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656 -2322
For Recording Purposes Only
DEVELOPMENT AGREEMENT
(SPRING LAKE RESERVE PUD)
THIS DEVELOPMENT AGREEMENT ( "this Agreement ") is made and entered into
as of the day of by and between Regent Bank Project Finance, Inc.,
whose mailing address is 1572 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401
(hereinafter referred to as the "Owner ") and the CITY OF OCOEE, a Florida municipal
corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761,
Attention: City Manager (hereinafter referred to as the "City ").
WITNESSETH:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange County,
Florida, and within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof
(hereinafter referred to as the "Property "); and
WHEREAS, pursuant to the petition of the Owner, on 2014 the
Ocoee City Commission approved Ordinance No. rezoning the Property as "PUD"
under the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4 -10 of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to fully
comply with the provisions of the Ocoee Land Development Code.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Development Approvals. The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described on the Final Plans, unless otherwise indicated.
Section 3. Development of the Property
A. The Owner hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan for Spring Lake Reserve prepared by IBI Group (Florida) Inc., date
stamped as received by the City on December 13, 2013 (hereinafter referred to as the "Land Use
Plan "). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in
accordance with and is made subject to those certain Conditions of Approval attached hereto as
Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval "). The
Owner further agrees to comply with all of the terms and provisions of the Conditions of
Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the
Conditions of Approval set forth in the Land Use Plan.
C. Except as otherwise expressly set forth in this Agreement and the Land
Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations
of the City as set forth in the Ocoee Land Development Code, as it may from time to time be
amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans
for the Property or any portion thereof shall conform to the Ocoee Land Development Code
requirements in effect at the time of approval of any such plans. In the event of any conflict
between the provisions of the Ocoee Land Development Code, as it may from time to time be
amended, and this Agreement, it is agreed that the provisions of this Agreement shall control.
D. All capitalized terms not otherwise defined herein shall be as defined or
described on the Land Use Plan, unless otherwise indicated.
Section 4. Waivers from the Ocoee Land Development Code Pursuant to City of
Ocoee Ordinance No. Owner has been granted waivers from the requirements of
the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto
and by this reference made a part hereof.
Section 5. Notice Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the other party, (ii) upon receipt when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, or (iii) the next business day after being sent by nationally
recognized overnight delivery service for next business day delivery, all addressed to the party at
the address appearing on the first page of this Agreement, or such other person or address as the
party shall have specified by written notice to the other party delivered in accordance herewith.
-2-
Section 6. Covenant Running with the Land This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the Property or any portion thereof.
Section 7. Recordation of Agreement The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the Owner,
execute and deliver letters affirming the status of this Agreement.
Section 8. Applicable Law This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9. Time of the Essence Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 10. Agreement; Amendment This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal amendment
which shall be recorded in the Public Records of Orange County, Florida at the Owner's expense.
Section 11. Further Documentation The parties agree that at any time following a
request therefor by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and /or
effectuate the obligations of either party hereunder.
Section 12. Specific Performance Both the City and the Owner shall have the right
to enforce the terms and conditions of this Agreement by an action for specific performance.
Section 13. Attorneys' Fees In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to
recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred
in connection therewith, at both trial and appellate levels, including bankruptcy proceedings,
without regard to whether any legal proceedings are commenced or whether or not such action is
prosecuted to judgment.
Section 14. Counterparts This Agreement and any amendments hereto may be
executed in any number of counterparts, each of which shall be deemed to be an original but all
of which together shall constitute one and the same instrument.
Section 15. Captions Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
-3-
Section 16. Severability If any sentence, phrase, paragraph, provision, or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 17. Effective Date The Effective Date of this Agreement shall be the 10"'
day following the day and year first above written, such date being the effective date of the
zoning ordinance referenced above.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the OWNER:
presence of
Print Name
Print
By:_
Name:
Its:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
, who [ ] is personally known to me or [] produced
as identification, and that
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of ,
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
M
CITY:
Signed, sealed and delivered in the presence of:
Print N
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
day of ,
SHUFFIELD LOWMAN & WILSON P.A.
IN
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY OF OCOEE, FLORIDA
am
Attest:
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO.
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
-5-
JOINDER AND CONSENT
The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated
the 19th day of August 19, 2003 and recorded in Official Records Book 7058 Page 3837, Public
Records of Orange County, Florida, upon the above described property and the undersigned, for
and in consideration of valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby join in and consent to the execution of the foregoing Development
Agreement (Spring Lake Reserve PUD) and agree that the lien of its mortgage described herein
above shall be subordinated to the aforedescribed Development Agreement.
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
STATE OF
COUNTY OF
The
[ ] has produced
acknowledged before me this day of
of Officer) who is the (Title)
He /she [ ] is personally known to me, or
as identification.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
(Print name of Mortgage holder)
By:
Printed Name:
Title:
foregoing instrument was
20, by (Name
of (Name)
I on
EXHIBIT "A"
THE PROPERTY
Begin at the Southwest Corner of the Southeast 1/4 of the Southwest 1/4 of Said
Section 9; Thence Run N89 0 56'35 "E Along the South Line of Said Section 9, a Distance of
482.31 Feet; Thence Run N40 °45'48 "E, 1322.09 Feet to a Point on the East Line of the
Southwest 1/4 of Said Section 9; Thence Run N01 ° 15'30 "W Along Said East Line a
Distance of 880.33 Feet to the South Right -Of -Way Line of the A.D. Mims Road, Said
Right -Of -Way Line Being Described in Official Records Book 1204, Page 172 of the Public
Records of Orange County, Florida; Thence Run S75 0 28'32 "W Along Said Right -Of -Way
Line a Distance of 1389.78 Feet to the West Line of the East 1 /2 of the Southwest 1 /4 of
Said Section 9; Thence Run S00 0 42'58 "E Along Said West Line a Distance of 1536.90
Feet to the Point of Beginning.
-7-
EXHIBIT "B"
CONDITIONS OF APPROVAL
Section A. General
1. The City of Ocoee, Florida (the "City ") is subject to the terms, provisions and restrictions
of Florida Statutes, Chapter 163, concerning moratoria on the issuance of building permits
under certain circumstances. The City has no lawful authority to exempt any private entity or
itself from the application of such state legislation and nothing herein shall be construed as
such an exemption.
2. This project shall be developed in ONE (1) phases.
3. Each phase of the project will stand on its own with respect to public services (sewer,
water, stormwater management, access and other related services).
4. Except as specifically noted on this plan, development of the property shall be
consistent with the requirements of the City of Ocoee Code of Ordinances (the "Code "), which
Code includes Chapter 180, the City of Ocoee Land Development Code (the "Land
Development Code ").
5. Nothing herein shall be construed to waive any provision of the Land Development Code
except to the extent expressly set forth on a waiver table or explicitly set out on the plan.
6. Any damage caused to any public streets as a result of the construction activities related
to the project shall be promptly repaired by the Owner to the applicable governmental standards
at the Owner's sole cost and expense.
7. There shall be no access from the property to any public streets except at the approved
locations shown on the approved Final Subdivision Plan /Final Site Plan.
8. All existing structures (including buildings, power lines, existing aerial and utility
facilities) will be removed and /or terminated prior to or during construction of the development
replacing those uses.
9. Intentionally Deleted.
10. All legal instruments including, but not limited to (i) declarations of covenants,
easements and restrictions for the property; (ii) articles of incorporation and bylaws of the
property owners' association (the "Association "); and (iii) warranty deeds, easements and bill
of sale documents to the Association, the City, the County and /or the St. Johns River Water
Management District ( "SJRWMD ") shall be provided to the City for review and approval prior to
platting all or a portion of the property.
11. Parking for individual lots shall be provided in accordance with the Land Development
Code.
12. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker
shall be affixed to the street in the center of the lane closest to each hydrant.
13. The Owner of each tract shall be responsible for installing reuse lines along with the
other subdivision infrastructure. At such time as reuse water is available to the property, the
Owner shall be responsible for connection to the reuse system lines.
14. Pursuant to the Land Development Code, all subdivision signage must be consistent
with the legally assigned name of the subdivision. Any subsequent change to the name of the
subdivision must be approved by the City Commission of the City.
15. To the extent the Land Use Plan and these Conditions of Approval conflict with the Land
Development Code, the provisions of the land Use Plan and these Conditions of Approval shall
control.
16. At the time of development, the Planned Unit Development, or any phase proposed for
development, shall comply with all City regulations and ordinances in effect at the time of Final
Subdivision Plan approval.
17. Final Development Orders or Permits may be issued only upon finding by the City that
the infrastructure addressed under the Concurrency Management System shall be available
concurrent with the impacts of the development.
18. f If to City] To the extent any lift stations are required on the property they will be
conveyed to the City at the time of platting. All such lift stations shall be fenced with black, vinyl
chain -link fence, with posts and rails painted black or with a decorative metal fence as
determined by City Staff and shall be set back no less than 25' from any street. Such lift
stations shall also be screened with hedge -type shrubbery, such as viburnum or ligustrum.
[If to County] To the extent any lift stations are required on the property they will be conveyed
to the County at the time of platting. Lift station facilities shall be designed to accommodate a
master pumping station consistent with the County's utility master plans. All such lift stations
shall be fenced with black, vinyl chain -link fence, with posts and rails painted black or with a
decorative metal fence as determined by City Staff and shall be set back no less than 25' from
any street. Such lift stations shall also be screened with hedge -type shrubbery, such as
viburnum or ligustrum.
Section B. Trees
1. Existing trees eight feet (8') or larger (other than citrus trees or "trash" trees) located
along proposed locations of buffer walls or road right -of -way lines will be preserved if at all
possible; the buffer walls and roads will be designed around those trees to incorporate them
into required landscape buffers and as street trees.
2. The existing grades on individual lots containing protected trees will be maintained as
much as possible to preserve existing protected trees. For lots or tracts containing protected
trees, there will be no grading or other construction on the same except as specified in the
approved Final Subdivision Plan /Final Site Plan, until building permits are issued for those
lots /tracts.
3. Removal of existing protected trees will be limited to clearing road right -of -way and
retention areas as detailed in the Final Subdivision Plan /Final Site Plan. All existing protected
trees on individual lots and tracts will be evaluated at the time of site plan review for that lot or
tract, to determine whether or not each tree needs to be removed.
-9-
4. In order to ensure that as many existing trees as possible will be preserved, all road
rights -of -way and retention areas will be flagged for review by the City prior to any tree removal.
No clearing permits will be issued for site work or building construction until the trees to be
preserved have been clearly marked with tree protection barriers.
5. No person shall undertake land clearing or the removal of any protected trees without
first obtaining a permit from the Building Department. The removal of protected trees shall be
minimized to the maximum extent possible and no authorization shall be granted to remove a
tree if the Owner has failed to take reasonable measures to preserve the trees on site.
6. The final grading plan will preserve existing grades on individual lots and tracts
containing protected trees as much as possible.
7. All landscape areas will be irrigated and have an automatic rain sensor
Section C. Easements /Utilities
1. All cross access, utility and drainage easements shall be provided prior to or at the time
of platting.
2. All utilities to be placed within the ten foot (10') easement along the front of each lot will
be placed around existing protected trees to be preserved.
3. All utilities including electrical, cable, TV, and telephone and including on -site existing
overhead wires shall be placed underground.
4. Unless otherwise noted, a five foot (5') utility and drainage easement will be platted
along all side lot lines and ten foot (10') utility, drainage and sidewalk easement adjacent to the
street right -of -ways. Sidewalks will only be placed in this easement if necessary to run them
around existing protected trees to be preserved.
5. All drainage, utility and maintenance easements shall be for the benefit of the
Association. The land burdened by such easements shall be owned by the individual lot or tract
owners.
6. Drainage easements between lots and tracts are shown for location only. Final
easement dimensions will be shown on the Final Subdivision Plan /Final Site Plan and will be
sized to meet City requirements.
7. A perpetual, non - exclusive access easement over all internal roadways and other paved
areas is hereby granted in favor of the City and other applicable authorities for law
enforcement, fire and other emergency services. The City may require that the owner execute
an easement in recordable form with respect to the foregoing.
8. 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 of
liability upon the City to enter upon the property it does not own or take any action to repair or
maintain the drainage system on the property.
Section D. Association
1. The Association shall own and maintain all common areas
M1
2. All declaration of covenants and restrictions affecting the property shall include the
following provisions-
i. Provision allowing the City to levy, collect, and enforce assessments for maintenance of
common areas if the Association fails to do so or fails to maintain assessments at a level
allowing for adequate maintenance.
ii. Provision granting the City the right, but not the obligation, to maintain all common areas
should the Association fail to do so after notice from the City. To the extent that the City
undertakes such action, the City shall be entitled to reimbursement from the Association and
shall be entitled to require the Association to levy assessments for the purposes of paying such
reimbursement.
iii. Provisions granting the City the right, but not the obligation, to maintain /repair the
stormwater management system for the property (the "SWMS ") and obtain reimbursement from
the Association, or from the Owner if (a) turnover of control of the members has not occurred;
or (b) if the Owner is still responsible for maintenance of the SWMS.
iv. Provision providing that the SWMS will be transferred to a responsible
operation /maintenance entity acceptable to the City in the event of dissolution and that if
dissolution occurs without such approval then the City may continue to levy and collect
assessments and impose liens with respect thereto notwithstanding the dissolution of the
Association.
V. Provision that the Association shall at all times be in good standing with the Florida
Secretary of State.
vi. Provision that at the time of turnover of control of the Association to the members, the
declarant shall deliver to the new board of directors the maintenance plan for the SWMS
accompanied by an engineer's certification that the SWMS is functioning in accordance with all
approved plans and permits. To the extent that any such engineer's report indicates any
corrective action is required, that declarant shall be required to diligently undertake such
corrective action at the declarant's expense and to post a cash bond with the Association for
the estimated costs of such corrective action.
vii. Provision that no property owned by the City or any other governmental entity shall be
subject to assessments levied by the Association.
viii. Provision that any amendment to any provision affecting the City or SWMS requires the
consent of the City in an instrument recorded with the amendment.
3. All tracts that are to be owned and maintained by the Association shall be conveyed to
the Association by warranty deed at the time of platting. A special warranty deed is permissible
if accompanied by a title insurance policy to the Association.
Section E. Streets
1. Final street naming will be coordinated through the City Building Department at the time
of final plat submittal.
2. [If public roads] All 50' Rights -of -way within the project will be dedicated to the public at
the time of platting unless otherwise noted.
[If private streets] Tract , access road(s) through the property, All 30' rights -of-
way are private road which will be owned and maintained by the Association, with access and
utility easements granted to the City. Such roads will be conveyed to the Association at the
time of platting.
3. [If public roads]- Street lights, security lights and lighting, within 50' rights -of -way, for
common areas meeting current Land Development Code requirements shall be installed by the
Owner prior to Certificate of Completion at the Owner's expense. If upgraded street lights are
installed, the Owner and the Association will be required to complete and execute a City of
Ocoee Owners and Homeowners Association Agreement for Upgraded Street Lights with the
Owner and the Association being responsible for operating costs for the difference between
standard street lights and the upgraded street lights.
[If private roads] Street lights, security lights and lighting, within 30' rights -of -way and
common areas meeting current Land Development Code requirements shall be installed by the
Owner prior to Certificate of Completion at the Owner's expense. The Owner and the
Association will be responsible for all operating costs relating to such lighting.
4. [Private Roads] In the event gates are installed on the private roads the gates and
subdivision shall comply with Article VIII, Chapter 34 of the Orange County Code for gated
communities as well as any amendments to that Article that may be enacted prior to approval of
the Final Subdivision Plan. Further, in the event Orange County rescinds or ceases to have
regulations for gated communities, then the regulations in effect at the time of Final Subdivision
Plan approval shall control. All references in said County Code Chapter to the "County" shall be
deemed to refer to the "City" for purposes of this requirement.
5. The Owner shall construct appropriate curbs cuts to enable construction of ramps at all
rights -of -way intersections (and other areas as reasonably required) in order to accommodate
access to sidewalks and streets for persons who are in wheelchairs and other persons who are
physically challenged. Sidewalks abutting each platted lot or tract shall be constructed at the
time of development of the lot or tract. When sidewalks are constructed on corner lots at
certain locations, the sidewalks will be extended to the curb and the appropriate ramps will then
be constructed. Sidewalks adjacent to common areas shall be constructed at the time of
permanent construction of adjacent common areas.
Section F. Stormwater Management System
1. Stormwater facilities will be designed with no greater than 5:1 side slopes to 2 feet
below the NWL so as not to require fencing or shall be designed with decorative structured
walls and railings.
2. The development of this project will incorporate the stormwater needs of all public roads
within the project.
3. All building setbacks from all retention areas shall be fifteen feet (16) feet from the top
of the bank.
-12-
4. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets,
manholes, structures and retention ponds, will be owned, operated and maintained by the
Association.
5. Notwithstanding the conveyance of the retention ponds to the Association or any
provision to the contrary contained in these Conditions of Approval, the Owner shall remain
responsible for the maintenance of the SWMS, including all retention ponds, until such time as:
i. the entire SWMS for the project is constructed and the appropriate Certificate of
Completion is issued by both the City and the SJRWMD;
ii. the retention ponds intended to be conveyed to the Association have in fact been
conveyed to the Association;
iii. the Association is designated as the maintenance entity on the records of the SJRWMD
and all transfer records required by the SJRWMD have been executed and accepted by
SJRWMD;
iv. the City has been provided with a copy of the Owner's proposed maintenance plan with
respect to the SWMS; and
V. the City has been provided with a written statement from the Association acknowledging
receipt of the Owner's proposed maintenance plan with respect to the SWMS and that the
Association is responsible for the maintenance of the SWMS.
6. All common area improvements including entry features, walls, landscaping and
sidewalks along all roads, as well as landscaping around the retention pond tracts and any lift
station tract shall be completed prior to issuance of the Certificate of Completion for those
corresponding phases.
Section G. Wetlands /100 Year Flood Plain
1. All finished floor elevations will exceed the 100 -year flood plain by a minimum of two feet
(2').
2. The Owner shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any disturbance,
siltation, or other construction below the natural wetland lines. Further, the areas below the
natural wetland lines shall be fenced off (and silt fences shall be installed) during construction
activities immediately adjacent to the wetlands, in order to minimize disturbances of the
wetlands during construction.
3. Wetland and existing surface water impact for this property is regulated by SJRWMD
and the Florida Department of Environmental Protection. General or individual permits are
required from these agencies prior to commencement of construction.
4. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for
the property, the Owner will map the jurisdictional wetland line on the site and establish a
twenty -five foot (26) upland buffer from that line. Depending on the results, the City may also
require a Conservation and Drainage Easement over any wetlands or adjoining conservation
area. Prior to or at the time of development of any portion of the property, if a Conservation
and Drainage Easement is required, the Owner shall convey to the City the Conservation and
Drainage Easement, the form of which shall be approved by the City prior to the conveyance.
-13-
Section H. Intentionally deleted.
Section I. Single- Family Residential Projects
1. Each residential lot shall have the minimum of three (3) trees per lot of which one (1) will
be designated as a street tree and placed on the front yard. The trees shall be a minimum size
of ten feet (10') in height and two inches (2 ") in diameter at breast height (DBH). One (1) of the
three (3) trees required for the 33.7' lots may be planted in a common area.
2. All underground utilities shall comply with Section 6 -8(C) of the Land Development
Code, which requires pedestal- mounted utility boxes to be placed back of the street, no more
than five feet (6) forward of the front building setback line, on all residential lots which are less
than seventy feet (70') feet in width where the lot abuts the street right -of -way line.
Section J. Intentionally deleted.
Section K. Wekiva Study Area
1. For development or redevelopment of property located outside the Ocoee Community
Redevelopment Area (CRA) but within the Wekiva Study Area ( "WSA ") Boundary, and with the
exception of a single - family home on an existing lot, those portions of properties that contain at
least one (1) of the three (3) following resources: (i) most effective recharge areas, (ii) karst
features, or (iii) sensitive natural habitats including Long Leaf Pine, Sand Hill, Xeric Oak Scrub,
or Sand Pine Scrub vegetative communities, are be subject to a minimum thirty -five percent
(35 %) Wekiva Open Space requirement.
2. Open Space required to be preserved within the WSA boundary is defined as: any
portion of a parcel or area of land that remains undeveloped, or minimally developed, such as
trails and boardwalks as part of a natural resource preserve or recreation area, stormwater
retention areas that follow Best Management Practices (BMPs), upland buffer retention swales
(per policy 7.7.3), naturally vegetated areas, and tracts for pedestrian connections. Such
designated open space excludes waterbodies, lots, street rights of way, parking lots, impervious
surfaces and active recreation areas including golf courses. All Wekiva Open Space Areas
shall be restricted to prohibit use of fertilizer and chemical applications, but may permit
mechanical methods for routine maintenance. Rule 9J- 5.003(84), F.A.C. [Wekiva Parkway and
Protection Act (WPPA): Ch. 369.321(3), F.S.]
3. Naturally vegetated swales are required to be placed within the upland buffers
surrounding lakes or wetlands. The purpose of these swales is to improve the water quality of
the stormwater runoff and ensure that the swale fills and exfiltrates into the soil so that there is
no sheet flow into the lake or wetland. This method of water quality improvement shall mimic
the absorption and pollutant removal abilities of a natural low spot in the topography and must
follow accepted Best Management Practices (BMPs). Stormwater runoff from developed lands
adjoining wetlands, lakes and /or floodplain areas shall be diverted towards swales, hold the
runoff, and then allow it to slowly release into the soil column. [Wekiva Parkway and Protection
Act (WPPA): Ch. 369.321(3), F.S.]
-14-
EXHIBIT "C"
WAIVERS
WAIVER TABLE
CODE SECTION
CODE REQUIREMENT
PROPOSED STANDARD
JUSTIFICATION
LDC, ARTICLE IV
TREES SHALL BE
TREES SHALL BE
THE 33.7' LOTS
SECTION4 -5. IL.(6)
PROVIDED AT A RATE
PROVIDED AT A RATE
EXCLUDES COMMON
OF 3 TREES PER LOT IN
OF 2 TREES PER LOT
OPEN SPACES
RESIDENTIAL
FOR 33 7' LOTS, PLUS 1
ADJACENT AND NEAR
SUBDIVISIONS
TREE PER LOT TO BE
THE LOT WHERE THE
PLANTED IN COMMON
TREES CAN BE PLANTED
AREAS.
-16-
Date FgUshed and Mec NariNa�c�
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CITY OF OCOEE
NO SPRING LAKE RESERVE
REZONING TO PUB
CASE NUMBER: RZ- 1341.09
NOTICE IS HEREBY GIVEN, pursu-
ant to Subsection 1 -10 (A)(1) of the
City of Ocoee Land Development
Code, that on TUESDAY, FEBRUARY
18, 2014, AT 7:15 P.M. or as soon there-
after as practical, the OCOEE CITY
COMMISSION will hold a PUBLIC
HEARING at the City of Ocoee Co m-
mission Chambers, 150 North Lake-
shore Drive, Ocoee, Florida, to consid-
er the rezoning for two (2) parcels
identified as parcel number 09- 22 -28-
0000 -00 -038 and 09- 22.28-0000- 00- 00 i lo-
cated on the south side of A.D. Mms
Road at 181) A.D. Mims Road. The
parcel of land i approximately pproximately 43.21
acres. The rezon ing would be from
Ocoee R -3, Multi - Family Residential to
Ocoee PUD, Planned Unit Develop-
ment.
The complete case file, including a
complete legal description by metes
and bounds, may be inspected at the
Ocoee Planning Department located at
150 North Lakeshore Drive, Ocoee,
Florida between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Fri-
day, except legal holidays. The Ocoee
City Commission may continue the
public hearing to other dates and
times, as it deems necessary. Any in-
terested party shall be advised of the
dates, times, and places of any contin-
hea�rings n u du ring
the hearing and no further notices re-
garding these matters will be Pk b-
lished. You are advised that any per-
son who desires to appeal any decision
made at the public hearings will need
❑ record of the proceedings and for
this purpose may need to ensure that a
verbatim record of the proceedings is
made which includes the testimony
and evidence upon which the appeal is
based. In accordance with the Ameri-
cans with Disabilities Act, persons
needing a special accommodation or
an interpreter to participate in this
proceeding should contact the City
Clerk's Office 48 hours in advance of
the meeting at (407) 905 -3105.
Beth Eikenberry, City Clerk
COR1269977 02/06/2014