Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item #05 a.b. Arbours at Crown Point PUD - Non-Substantial Amendment to the PUD and Amendment to Development Agreement
d fIorlda AGENDA ITEM COVER SHEET Meeting Date: March 18, 2014 Contact Name: Contact Number: Item # 5, a4 , b Reviewed By: Michael Rumer 7 Department Director: Ext. 1018 City Manager: Subject: Arbours at Crown Point PUD (Planned Unit Development) r� Non - Substantial Amendment to the Approved PUD Land Use Plan First Amendment to the Development Agreement Project No(s): RZA4 -01 -01 Commission District #1 (John Groaan) Background Summary: On September 17, 2013, the Arbours at Crown Point PUD was officially approved by the City Commission. The property is generally 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. Pedestrian access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located on the eastern property line subject to Orange County approval. The Arbours at Crown Point PUD was approved for high density residential on 17.5 acres with a plan for 192 multi - family units and 10.5 acres of land with uses consistent with commercial and light industrial uses. The PUD Land Use plan provides for a full access road through the property to provide access to the vacant properties on the east side. The proposed 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. 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. The proposed amendment to the PUD consists of the following: • Changing the proposed number of units in the 17.5 acres of high density residential from 192 to 240 units; • Provide an offsetting reduction in the amount of commercial and industrial square footage permitted to be developed in the 10.5 acres by reducing the amount of trips allotted to that parcel. The First Amendment to the Development Agreement will reflect the change in the allocation of trips within the PUD so the change will not increase the land use intensity within a phase without a corresponding decrease in some other portion of the overall Planned Unit Development. Issue: Should the Honorable Mayor and City Commission confirm the Development Review Committee (DRC) determination of a Non - Substantial Amendment to the PUD Land Use Plan for Arbours at Crown Point PUD and the First Amendment to the Development Agreement? Development Review Recommendation: On March 4, 2014, the DRC met to determine if the proposed Amendment to the PUD Land Use Plan was consistent with the City's regulations and policies. According to the City's Land Development Code, alterations to an approved PUD Land Use Plan shall be classified as either substantial or non - substantial by the DRC. The Committee determined that the proposed amendment was considered a non - substantial amendment due to the criteria established in the City's Land Development Code. Staff Recommendation: Based on the recommendation of the DRC and meeting the criteria for a non - substantial change, staff recommends that the Honorable Mayor Commission approve the DRC's determination of the non - substantial Amendment to the PUD Land Use Plan for Arbours at Crown Point PUD and First Amendment to the Development Agreement. Attachments: Location Map; Existing (Sheet 2 only) Approved Arbours at Crown Point PUD Land Use Plan stamp dated August 9, 2013; Proposed Amendment to the Land Use Plan for Arbours at Crown Point PUD stamp dated March 6, 2014 First Amendment to the Development Agreement Financial Impact: None Type of Item: (please mark with an °x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X 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 () N/A N/A N/A Arbours at Crown Point PUD Location Map i _ i �d X29 .o SN 1 _- Cla con Z a. 3.rd! I I Fuller Crosse 5,'th - - -- Harris j, SITE DATUM GENERAL DATA PROPOSEDP TOTAL ACRFAG E 28,1 UTURE LAN OUSE: HTINOUSTRIAI- LG URgENT20NING: 1!1 Di IN HT MANUFACTURING & WAREHOUSING) PR OPOSED ZONING: PU PROPOSED POD STAND_ ARDS ACRFAG[ RESIDENTIAL NOI, —ESDENT IT — L MBEROFUNITS MULTIFAMLV 106.000 SF DENSITY /INTENSITY pU /qC p� X BUI LOING HEIGHT : TORT 2 -STORY M A% BUILDING COVERAGE: 30% 30Y MAX IMPERVIOUS SURFACE 20 „ VING AREA C"p SF ` e'JIUPS.0 SEPARATION'. 2 STORY IF "'(ED 11—VOPENINGS) 20 EETOOFEETW /OPENINGS) 5[TB1CK5: 3STORY 30 FEET(40 FEET W/ OPENINGS) F FRONT: 35 FEET S" 11 FEET 1D FEET EAR: 40 FEET 1D FEET 2.1 TRIP GENERATION , PARKING SPACE DATA qU RED PROVIDED .11 STHEIT 43 ACES SPACES OTA — _ S ACES 315FACE5 OPEN SPACE DATA RECREATICE —TA REQUIRED: 9.R AC 135x,1 REQUIRED: 2AC (4 AC / 1000 PP1) PROVIDED: 9.8 AS 200 HD SP 2.96 PPL/MF UNIT= 829 PPE 829/1000- 0.829 X 4 AC = 3.32 AC REQUIRED PROVID- 3.32 AC MISCEL ANGE COUNTY 62,2DD CPd 1350 QPd x 192 uniiz) SEWER SERVICC: ORANGE COUNT' 42,816 gpd 1223 gpd x 192 Vnih)' ELE CTRIC 5 CE PROGR EOmEERGY P CT 0T C TY O P OL I CE ;TT OF OCOEE 00 G. POPULATION 82 TO U Y 16 STUDENTS OCOE .SCHOOL 1 8 ST OCO G OOL FEAR S2 oN LY S PUASE2- 6 D 5 5 ENLIAL OWNERS /M AINTENANCE TABLE WATER P-G. TOBEOWNED AND MAINTAINED BY ORANGE COUNTS SAN ITARTSEWER PUBLIC: TO BE OWNED All MAINTAINED 1YORgNGE COUNTY REUSE PUBLIC: TO B E OWNED AND MAINTAINED BY TH E CITY OF OCOEE RECREATION AREAS TE TOREOWNED AND MAINTAINED BYTHE PROPFRTY MANAGEMENT LANDSCAPE AREAS VATS TO DE OWNED AND MAINTAINED BY THE PROP ERT 'M ANA GEMENT STORMWATER PONDS PRIVATE: TO BE OW NEDANOMAINTAINEDBYTHEPROPERT MANAGEMENT PARKS PRIVATE: TO HE OWNED AND MAINTAINED By THE PROPERTY MANAGEMENT GENERAL NOTES 1. FINAL LIGHTING PANS ARE REgU10.ED TO BE SUBMITTED FOR REVIEW WITH TIE FINAL SITE PLAN TO 1111 ACCORDANCE WITH CITY OF OCOEE REQUIREMENTS, 2. THOSE ALLOWED PER ARTICLE IV, SECTION 4- 51 141" PROJECTS CONTAINING A VARIETY OF USCS COMR UD A SINGLE OR MULTI-TRACT PROJECT AREA INCLUDING, OUT NOT LIMITED TO, THOSE 5 TUATEO WITHIN INTERCHAN 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. RECREATION AREAS WILL MEET "C STANDARDS '00. FACROIES AND W ILL BE SHOWN AT PSP /f6P. 5. HASE OF CONSTRUCTION WILL HAVE SUFFICI ENT NFRASTRURURE TO STAND ALONE. 6. CROSSING OF THE WEST ORANGE TRAIL WILL OCCUR WHEN AGREEMENT WITH ORANGE COUNTY PARKS DEPARTMENT IS PPRDVED, 2. THE MULTI - FAMILY DEVCLOPMENT 15 TO BE F —HOPED AS A PRIVATE GATED COMMUNITY AND 5HALL COMPLY WITH ALL PLICABLE ORANGE COUNTY ORDINANCES AND RESO WTIONS W RH RESPECT TO GATED COMMUNITIES. E. N USCAPE BVFFFRS WILL BE PROVIDED AND ADHERE TO STANDARDS PER CITY OF OCOEE AND DEVELOPMENT CODE ARTICLE VI, SECTION 6- 10A(2)(a)4. A -1 11 T-11 T— i PUD -COM WEST RD A -1 A -1 4 Z9 SR INDICIIE A -1 FULL N ! A -1 R -1 A I J PARCEL A � ,i I� H I G H D E N S I T Y J RESIDENTIAL IJcr� 1 7 .5 AC 1 I-- i 1 -_- 1 I¢ l FULL ACCESS 0, PROPOSED ROADWA'_ FULL ACCF55 P A R C E L B C OMMERCIAL h� (with 1 Use FULL ACCESS }Ren 10. 6 a c 1- J I WEST RD -I - -- SCAEF 11 FEET 10APIllerSellen G E TI — 1-11N. —I — 1112 Arbours at Crown Point PUD C ity of Ocoee, Florida Land Use Plan CO 2 AMENDED AND RESTATED LAND USE PLAN ARBOURS AT CROWN POINT PUD 2243 WEST ROAD CITY OF OCOEE, FLORIDA PARCEL I.D.'S: 06- 22 -28- 2856 -00 -010 AND 06- 22 -28- 0000 -00 -046 FOR: ARBOUR VALLEY DEVELOPMENT, INDEX Sheet Number Sheet Description 1 COVER SHEET 2 AEANLIEX6STINOCDNDRWNS PLAN S LAND USE PUN J CONCEPTUAL SITE PUN 5 PWCONOITIGNSOFAPPROVAL REFERENCE DRAWINGS Sheet Number Sheet Description A1.1 -Ala. AEI I AADNMTUAAL FLOOAPLAN58 ELEVATKm .1 ROUNDAAY SLARVEY LEGAL DESCTLn FAR6n. 1: Tsar (. PU1lJTAINA HEST. wn5n6 4,BW PIA,In,ar. a vnNA n PW B.A 11. PeLew I1I IM1nw),116 iNlaa e. dNr PWxc ReaN.„fllm,a a WT. N6aNe M RCEL L 1✓ pen PY JN tim M IM1r VnnMa I!J. 4 wmr,q h Wr4, Rnra• `! F ®. IAw,a: C,nexT, r4.iM. IriR Frr M R,c MI4mi,g dewnbW l4,e.1 T GnBlwa+..emr Nn: 4,me -ad N' INj. as llr' }Fria A' — 7 ' p tiW,,Rnpe'_RFKttinry;x C„wry, ILn.,4 4. h R ID+T nrelN n.ie Nry P ncwNNm�ci brie Nam ar?su- T.N S6w.161a. RT 4„M • i manrc,s.r,m. wnN JiA Nemrd RI S ISR!'al RI,} Ia1S•:,M„u nnl, I fm ., r N . l�uwone mmnr,n wRh . r,A av,mPed'RIS I.la! d RI.S ttla; IM1uNe valin,e NenM1 ,.. P m �M },m4 Hnnaa. nr m! eA..Wia wMm. IN M 6w Nmhml u+,,a rxM hie! NN NmM1w,w I fS}: HI Tx elM..f.eay In. N m RneJ m I1H Sin�lh. aa+tlin¢ In 0.ilM -x -Km Mnlme+u rlmMCd M Oad emt 1)E, P,ps ?P. LE}S:.\ nPM of Iml v, A in e4RN al,nN Ih Ear loe of tlN pnnai of ImJ tlermlvd a IleeJ R.A TM, PAp 11), ofHW AAIk Ammb of ltmmf Lauer, fAxtla nbo MmN 6,e Lr W k'a of Ar ti,xxtew q.,,m of IM Vo,NeAx gene of 8atim 0. T.rueBip 115uaIR. Rage 1a Gu. L.+Ih ,mve.n,M1eNmMma onna.renilRxJim M1:S,eva:4n,la Btb *\1 dm6 dvFw lFe MvN Beim 1161 TFf mrAe FLwtMn anw eftle Smnex.NOn. Mtle V,nMxa A�In nfsuid }cone M1, vnH amN. aHe Ivry, Je R n V I IH HHOIV VI Vt.. R,.+xn.axnm }.wr W °OYl K'nN nlmR.aJ inu 14,c Irq u ka n u p�Ml m Ih VmN ripM.+4.et er K'aa f d '.,Mm,x }.wIM1 M'. \alp' Weu el.m5 and V,.rM1 nRMuf -.ol W.JT Ne a u M� ^I m N. N.x Na M6e aWawl tal lR fm w,M vmiY,cm„Nw,. +e::l' t -w,M.0 .TmI. +M}.�,nw n:ll.�mc �.nM1 ul'vl]'a3' Fwl rvry ,BiJ WM Iia r!v'. wtlh RHVT OF PFCJ V V MJe u, Ihmp t'�wn�in,lRcial RmeJ IM.r Jrl6, 14 ^cl 12nN Pn rn'w• Tu.J e4Wp SECTION 6 - TOWNSHIP 226 - RANGE 29E LOCATION MAP N.T.S. LME ANENDED AND RAN ARBWRS AT CROWN npNT Pup P ARPARED BY 1— LEOB (ME AN W AN N Ge A EBTATESTNAT CEmAN 11 USE RAN. ARBOURS Ai CROWN VOBJT RID _ PwIM THE POUOwNO SN lel EacEpnpNexE C GOGGE nY MAT THE 4NENDED LOV N CONB IT WIM THE PRI &I O E R 1. THE MVT BHEE<,�O;� aNO A�- THEEA�DFTNEPR6P— ONSH B EEN MOVED BEEN PO ED TIE "CIPT— C ONDMON -A OVALD=EET5 HAVE BEEN REWBEDAND PDA ET (A2T1 GEPICTNO THE ELEVATIONS FOR THE RENDENML 6ARA3E BLKDNOS NAB — 1, 1, 1ANDBONTHE—Ir _ DDD. �2 D� AND DD ON T P NOR DP. _ D THeANEHGE cONRIne _CPI._, IOENDE'EO WTHE T EVENT E OF A CaEAICT LLC OWNERS WORY INVESTORS, LLC. 2a5 G_ GEAR POHTE DANE LAKE PLACID, FL DD852 THOMAS MILTON WEST P.O. BOK 1628 OCOEE FL 6A761 COMMUNITY PLANNERICtVIL ENGINEER MILLER LEGG 621 SOUTH ORLANDO AVE, SURE BOB WINTEA PARK, FL 92164]122 P: ( wT)6 -BBBC CONTACT: NARD D. BmNU, P.E- LEGAL HOLLAND AND KNIGHT 20060NTH ORANGE AVENUE BUTTE 266D OAUNDO, FL 92961 P: NOT) APPLICANT ARBOUR VALLEY DEVELOPMENT, LLC haw —.11A SOCA RATON. FL 1tr66 ARCHITECT McKEAN & ASSOCIATES ARCHITECTS, LLC 2815 2ELDA ROAD DONTACT: BAUCETAYLOR SURVEYOR VHB MILLER SELLEN 225 E ROBINSON STAEEr, SurTE Me ORUNDO, PL 92BD1 P: Nw>) e9BN666 CONTACT: ALLISON E TURNBULL, ESO MILLER LEGG Central Florida Office: 631 S. Orlando Avenue • Suite 200 Winter Park, Florida' 32789 -7122 407- 629- 8880• Fax: 407 -629 -7883 www.millerlegg.com a z Z O LL Z 0 U Q t�. 0 m Q sttl I fO1kn • g. cia.faNOLaw A6 OAS LtHL HLK s AN I.A. fwE T} M 'C Part WOO., - 0-1 HO Q 'AartE __ K A7EArawS N+M ANN BEUM M SECTION 6 - TOWNSHIP 226 - RANGE 29E LOCATION MAP N.T.S. LME ANENDED AND RAN ARBWRS AT CROWN npNT Pup P ARPARED BY 1— LEOB (ME AN W AN N Ge A EBTATESTNAT CEmAN 11 USE RAN. ARBOURS Ai CROWN VOBJT RID _ PwIM THE POUOwNO SN lel EacEpnpNexE C GOGGE nY MAT THE 4NENDED LOV N CONB IT WIM THE PRI &I O E R 1. THE MVT BHEE<,�O;� aNO A�- THEEA�DFTNEPR6P— ONSH B EEN MOVED BEEN PO ED TIE "CIPT— C ONDMON -A OVALD=EET5 HAVE BEEN REWBEDAND PDA ET (A2T1 GEPICTNO THE ELEVATIONS FOR THE RENDENML 6ARA3E BLKDNOS NAB — 1, 1, 1ANDBONTHE—Ir _ DDD. �2 D� AND DD ON T P NOR DP. _ D THeANEHGE cONRIne _CPI._, IOENDE'EO WTHE T EVENT E OF A CaEAICT LLC OWNERS WORY INVESTORS, LLC. 2a5 G_ GEAR POHTE DANE LAKE PLACID, FL DD852 THOMAS MILTON WEST P.O. BOK 1628 OCOEE FL 6A761 COMMUNITY PLANNERICtVIL ENGINEER MILLER LEGG 621 SOUTH ORLANDO AVE, SURE BOB WINTEA PARK, FL 92164]122 P: ( wT)6 -BBBC CONTACT: NARD D. BmNU, P.E- LEGAL HOLLAND AND KNIGHT 20060NTH ORANGE AVENUE BUTTE 266D OAUNDO, FL 92961 P: NOT) APPLICANT ARBOUR VALLEY DEVELOPMENT, LLC haw —.11A SOCA RATON. FL 1tr66 ARCHITECT McKEAN & ASSOCIATES ARCHITECTS, LLC 2815 2ELDA ROAD DONTACT: BAUCETAYLOR SURVEYOR VHB MILLER SELLEN 225 E ROBINSON STAEEr, SurTE Me ORUNDO, PL 92BD1 P: Nw>) e9BN666 CONTACT: ALLISON E TURNBULL, ESO MILLER LEGG Central Florida Office: 631 S. Orlando Avenue • Suite 200 Winter Park, Florida' 32789 -7122 407- 629- 8880• Fax: 407 -629 -7883 www.millerlegg.com a z Z O LL Z 0 U Q t�. 0 m Q Topography_Map Soils Map MILLER���EGG H w�es,A'� -Jti �kgnl i� 1me�MIlMnpnlTC�.w,�bpal tNla: Access Plan ARBOURS AT CROWN POINT PUD UJ - APPLDAT CRY OF OCOEE. FLORIDA FOR ARBOURVAUF/DEVELOPME .UX PLANNED DEVELOPMENT—ND USE PLAN SITE DATA _._•.... -_ ...r. -. .,_„ -..., .., _...- . -.... _�.- ,_..�._.. GENERALDATA- PRDPOSEDPUD 540 SPACES (2.25 /DU) TOTALACREAGE: 28.1AC FUTURE LAND USE: UGH] INDUSTRIAL CURRENTZONING: PROPOSED ZONING: PUD PUD PROPOSED PUD STANDARDS MINIMUM PROVIDED GROSS ACREAGE RESIDENTIAL (PARCEL I) 17.5 ROADWAY DEDIGTON ACREAGE NET DEVELOPABLE ACREAGE 0.6 16.9 NUMBER OF UNITS 240 MULTI- FAMILY NET DENSITY /INTENSITY 34.2 DU / AC MAK BUILDING HEIGHT: }STORY MAK BUILDING COVERAGE: 30% NO IMPERVIOUS SURFACE 80% MIN LMNG AREA 650 SF BUILDING SEPARATION: '-STORY 2DFMT(30FMTW /OPENING51 }STORY SETRACKS: 30 FEET (40 FEETW /OPENINGS) FRONT: 35 FEET SIDE: REAR: 10 FEET 40 FEET NON- RESIDENTIAI(PARCEL 2) 10.6 1.5 9.1 97,000SF 0245 2 -STORY 30% 70% 11 (COME) CRY PARNS (OCOEE) ZO FEET(30 FEET W / OPENINGS) 35 FEET 30 MET 30 FEET M =0= =�Wmmo©mmm moo ®moo ��000moo ��moo ©oo PARKING DATA MINIMUM PROVIDED RESIDENTWL 540 SPACES (2.25 /DU) COMMERCIAL 485SPACES(MIXISF) TOTAL 1,025 SPACES WEILIVA OPEN SPACE MINIMUM PROVIDED RESIDENTAL 5.9 AC (35 %1 7 COMMERCIAL 7 TOTAL 3.2 AC (35%) 9.1 AC RECREATION DATA (RESIDENTIAL) MINIMUM PROVIDED: 5 AC/1000 POP E2 POP /DU) 2.40AC MISCELLANEOUS WATER SERWCE: ORANGE COUNTY SEWER SERVICE: ORANGE COUNTY ELECTRIC SERVICE: DUKE ENERGY FIRE PROTECTION: CITY OF OCOEE POUR: CITY OF OCOEE SCHOOL AGE POPULATION: ELEMENTARY: 33 STUDENTS (CLARCONA ELEMENTARY SCHOOL) J MIDDLE: 145TUOENTS(000EE MIDDLE SCHOOL) HIGH: 165TUDENTS (OCOEE HIGH SCHOOL) PER SCHOOL MITIGATION AGREEMENT FOR CAPACITY ENHANCEMENT OCE43 -002 ARBOURS AT CROWN POINT PHASING: PHASE I- 240 MULTFFAMILY RESIDENTIAL UNITS PHASE 2 - 97,000 SF NOWRESIDENTNL OWNERSHIP/MAINTENANCE j POTABLE WATER PUBLK: TOB EOWNEDANDMAINTAINEDIFYORAMGECOUNTY SANRARYSEWER PUBLIC: TO BE OW NEDANDMAINTAINEDBYORANG E COUNTY .I REUSE PUBLIC: TO BE OWNED AND MAINTAINED BY THE CITY OF OCOEE BE CREATON AREAS PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT LANDSCAPE AREAS PRIVATE: TO BE OWNED AND MAINTAINED BY THE PR OPERTY MANAGEMENT STORM WATER -14. PRIVATE: TOBEOWNEDANDMAINTAINED " ME PROPVOY MANAGEMENT . PARES PRIVATE: TO BE OWNED AND MAINTAINED BY THE PROPERTY MANAGEMENT ;; GENERALNOIES L. FINAL LIGHTING PLANS ARE REQUIRED TO BE SUBMITTED FOR REVIEW WITH THE FINAL STIM PLAN TO BE IN ACCORDANCE WON CEIN OF OCOFE REQUIREMENTS. 2. RECREATION AREAS WILL MEET LDC STANDARDS FOR FACILITIES AND W ILL BE SHOWN AT PSP /FSP. 3. ANY PHASE OF CONSTRUCTION WILL HAVE SUFFICIENT INFRASTRUCTURE TO STAND ALONE. I i PUE,— ( PARCEL A (ocoeel HIGH DENSITY RESIDENTIAL i� ns Ac 1 POIM � `I 'FOUNTANS WEST ACCESS__ __ j SHOPPWO CENTER POM PROPOSED ROADWAY DEDICATION I ACCESS MINT I I I PARCEL B I COMMERCIAL (WITH 1 -1 USES) 10.6 AC WEST ROAD WEST ROAn I I I W z cl A -1 (ocoEEl W I � I I I TJORA A-1 EcEv, EGOUNM YJESj OApt4GS ", \� se 0 R-LA (OCCEE) MILLERN" LEGG Cw°" .A yLpkhv B .- aT NM a� DRAPHK: SCALE m� 7 I ARBOURS AT CROWN POINT PUD UUP- APPLICATION CRY CIF CCOEE. FLOROA FOR: ARBOUR VALLEY DEVELOPMENT, LLC PLANNED DEVELOPMENT/ LAND USE PLAN LAND USE PLAN PUDCOM (OCOEE7 I ewLDND� I I 1 I I 1 a•i Tr T. I I I I II I � II w I z I I ¢ I I ~ I � I � II I II T - 60' ROW TO BE DEDICATED A07 W" PARCEL A IRESIOENTMI 1 I 1 S Mf DCOEE) � n 8 R rau ■ 1 I , 1 I MILLER� :m .EE :OEE7 a rtn ClMC YML f ice'= m 7 rar PDOL ; o� euaua, •= ) ( I I ARBOURS AT CROWN POINT PUD LK.A ,•. MLenBI I LUP - APP I '.•. •:. ' ( ' Cm OF OCOEE. FLORDA FOR MBOUR VALLEY DEVELOPMENT, LLC ,� Rx,L La•mu A r& � NED DEVELOPMENT n - 4 �m� 1wt v,[ Mw v[mmnw / r GE C I / PLAN/ USE UND PLAN - -� OUNTY) - ______________________- �_______ __- ___ -_- ______. ___. _____._.._ - -_ -_ •f'ncf ,p ten. SO ROW TO BE DEDICATED AND ROAD ONSTRUCTED [[ / W" PARCEL B(COMMERCIAL) CONE-U- a 6 / i CONCEPTUAL SITE PLAN PARCEL B COMMERCIAL (WITH 1 -1 USES) I I 1 I ' I I I I 4 MNMONS OF -AL MILLERN ARBOURS AT CROWN POINT PUD LUP - A FOR ARBOUR VALLEY OEVELOPAIENi. Lf.t TWO BEDROOM UNIT I.- sf A, P.- 83 S.F u C) OO Sheet Title: ONE & TWO WED000M W PLANS Pydw 12-12-U -AN orry wm A1.1 I!= ---- 1--i ONE BEDROOM UNIT Gr .. ... s,F N. SF 0— S-0 1— 91 S.F. TWO BEDROOM UNIT I.- sf A, P.- 83 S.F u C) OO Sheet Title: ONE & TWO WED000M W PLANS Pydw 12-12-U -AN orry wm A1.1 I!= ---- 1--i ��� ®mom ��� :, 4 F � � I TWO BEDROOM UNIT I.- sf A, P.- 83 S.F u C) OO Sheet Title: ONE & TWO WED000M W PLANS Pydw 12-12-U -AN orry wm A1.1 I!= ---- 1--i j - 1- < - < ��. THREE BEDROOM UNIT S" E OVt6�Ce Stgrege i0 S.F. P 89 SF. V) u CD C) cx Sheet Title: lE Sheet No A1.2 smw�. IIINEIN j - 1- < - < ��. THREE BEDROOM UNIT S" E OVt6�Ce Stgrege i0 S.F. P 89 SF. V) u CD C) cx Sheet Title: lE Sheet No A1.2 smw�. (Ij v J J I c� v W = . Z_ O d Z O v 4 N O GO Q Sheet rue: .eeN Rlu Sh"t NO: AU I-KUN I LLLVA 1 IUN - I YFIGAL BU1LUINU SIDE ELEVATION - TYPICAL BUILDING H, v�= 'Q+ 1�3 u x= u" g FRONT ELEVATION GARAGE WM� OPPOSITE SIDE - SIMILAR canmia - -- - ----- ----- END ELEVATION aw w ro.c r, mpa[ d 9 O vU OO oo CQ Sheet TNe: G—. E;EV.T- P�q.t w 0hT•M M MMI q WK Sheet N. A2.1 VICINITY MAP N I fi �TE Y�rw9uY+�1nMIM.lwa ie+.E1N. If� F.rroe.� ., m><Rrr�ra,rras I SO loo o ,00 xaO ••• �u — ma scut w FEFT ..•a, 4v.*- n- »MtrM -"" _ _ � m Fumic F sMaT wr m EFxR N.xNO.t o ucNT rat O (LY PQF O Nwxrt �� our NwE $`,,. Nnee'r'E wax+' we w4 Tm � Etnmcu sox .... � aeswnnv uTxrry rat oa ws v4Ex ' i _ rowl.e .�"m.. w as w.4 ..m..• ..w r n I.. N. r.e �,4 .... a w n.r. � 41ER vox YL a.TfYf Ianw gal I .... �``„ r � wea4TxN wax 9 wrzsFn ENO sand ••, \\ es.o a v® m..n =u voe I .Nm x ®IFIf1Na1F HOESi4 � f.— —TN mll I E III .,". a r ur a w.N a w wax..r ,/a wrw 4 rwN rx aM �mw N x•K b~• tm n.rw Ma Ir �..N. - iErNINlMi —n- NQPe4NT �� I I I � �fvOtacuix:) a ,/ ,mwN.mr.nr�ar.,.� -. P.RC.N..Ta�rcxN$cwwTUxE. I , ea Ew �:V ee w r Mwr a aws4 .0 qrt v salve sa.r wr. na'ar P.CG . PONr (f Ca/Clfq aMV.IURF I�•ww • • amr r� Y Mw.mwb••'rfmnm . r.i P.i. - PplTff ixNGFNCY I �Y awld t9 sO w Y eY; x w mM N�'v,',4 r uae w m • ,'. f e.e•b.w.wa w vT. =PMiI ff NIPS£CTId ar.e 1x Y r 4161; Nww rrsrw arT xar'Y r e k ri.. m r w • ••-,. w b.b I •rex a w amrN xwbw W a w x.mr ,h r r•r •rI r b•r•n r w air r.aw r GP. - EENywpT CdM0. PpN1 ill 1m.lwe/a+•wYVxr..~xW arineN +-F xlra +.r.or bn xl r°am Pal.POMTd1Y[ A - EtFxY sxa1FR ppqrw a..rF~ rrww•aara~wmow Nw ». N >m rwlaae ou. WNdETE SaxnsNT I I weg fmw r s�Ee. ��N• frN A r.k r1y prr wr r aa�a r wr 4 ¢ R v x°L"a' Bad 5a' 4 1/1 �( III . man.. im v v w 6•s•• a w exwe w •• •rrr x•e r w say aavif awe �w a r 1ws w u U E - u— --T BOac �9" MeE /!P'ffaTd 6. hwlr. •r xa. w.artv VACANT HEAVILY Towns ze usT zx eoa1.l �� �r a,ns* r a.r r ' w b. r+. w re Nw. -w. a N.e Ot - oerwsa FA4YdT sofa WOODED W . •~•:"' xEU.w m:: mo- a�w.NU..,r. «. ,n ..•«n, N n g rnw,�. -wTY I I • w rm umtss uMm wnm a U.sPY6 n •®w1 xd x me m sr sewn w xxfeu A x�t a •u,enesw strut , earn anontr. -.•..n • ,se fxxYS wa a•nsxum ®orav rs rnm - fExEN,u INEaF * I .e muxax awe ewe -ar-o w1reOs PARCEL 1 a iil ,.Ie' r .N,nm•TEN,x m PARCEL 2 I t ' ` I I -' o - ° •w w.le /' w� :`. �.n srN..w w a.r. -c = : ur 6 I fit" u..wo.mmamen4aweeen.N.wwee wiaomnxs — C.NAm OfA I IP v -- 4 u.m w1M• a on N. amo ra ..,d dram. 4 e•so aanr a me.e.1 - wa a Ors1 �3 �v,� ,p a I / . ma.w v�w�ae. x4 m.. xw ^ v Tx,e•, a n �°av"nw'x�ao1,. , . uT s w1 «co wrN cxr sEad e. T, u I I S � www ,eMeeal wua I r. MN M x a.•zr • n�a FMESS 4aTFn ,nuM, snxa xe usr I it e � . sFT ,1 f cN. rxN -;e nv �� I I �r � a �•� �.wuc. uw.n m.q mwrm Pw...a. ,�m�a - rawc r. � c.N. merwn S VACANT HEAVILY I I o .... ea. rw. ...~.rb.,•o..1.r1.m.1.m•.d.,..» raurala Em ralE[wlO "'9 _ w WOODED I I ® z : an :a r«. x -1n Nr- Na r °+w.• srw w.. r ,.. r.• r.,aw,.a. ,.•. w . ..w w® .. � .,.v.exar...w.rM r..........r.ra,QbMbPrr...••n4 ... •• I ��+ III, � �m rrwr. m 1��.r.amw.•, ••n .�.4� r..r.w...Pr4uc•P.1. r. Y $p I I II — ("T-M) ��r 55e T' � II ar. E~r., .• m•� Mw,u . P.e rN. w r ,� w.. Mw °°•. ......, u O: Gg wEax.s+• I � 11 b..•e w::�'�..: 4 ... » �' e.":. ��'C:,A. d'».•:�".ab ` rxs °` wnwu ! ,.-.+•.... �~ wYa r a>... » .r...rr•.wb. ,vwmr x •x<r•,.4rr..• ARBOURS AT CROWN F'OQ?I' e.wu't I ' I Nr•4 n e.arwb Nrnro.. Mw. n.ln t -m+ro — � n- Nevaas'1r d.xare MCST Ran 7 POINT OF COMMENCEMENT r~......... ®w,� PAR �k{3Y31 SG1E IgID eE4HNI/ r[sxnw ILLir1t w...�r r.r r.•. +.e m, swam orr Na•E.a w. xaww.bwr nwT , m+E >_ °.MOm b.r..r.a+••'e,arwwn •.r.ro. v.m. rma. l.mwr» CTTY OF OCOEE ORANGE COUNTY • FLORID ,. p ": o-w. a a.�,m..a m".. , mm..�n°". �..r r. � x»�. w.r4 x... r oP. �.., .r• ;. m ... n .•,.,e0. ., w P.r P... r ..,. r.. ;...„r n ARBOUR VAII.EY 4 ° m�WP P wew �� �r Nr 4 i� x V0. •w• Y a w a imss wxx rr'^r4 r. we,f /f :.� f ir..,.•.,. �M...m,. xr. x.a ,M, x� M4. r w •,......r . P.,• �,x BOUNDARY TMm SURVEY My of 0coee Smffleld, Lawmon & Me.. P.A. First American Title Insurance Company •�� �• [w elan suT Mie ralxa•Rf 9sxY ff rK NESd asawEa Mx]rENTY B 1RUF .Wa DMFER A »R BEe1 6 rr xxoema aVe M56 .a5 Asxrta n M nF1e daR w asCTION N WY- Nq M4i S ` ]'F 9 eau— 41eVEY VQ3 M YAS0.Y 1FdMl[a siNHpMbS rd Rdro. 9.wvEYYAS 1M 4NPP(V; AS SET FdM M d.r}n Si -1).a5 ff Y 1 MF Ewerox Na1m�sM.T1x waE PusvuNT Ya dwm ar2axl. Rpxa. )T/.tJSi I 1 I. Im xw xa blYlllea THIS INSTRUMENT PREPARED BY: Scott A. Cookson, Esq. SHUFFIELD LOWMAN & WILSON, P.A. 1000 Legion Place, Suite 1700 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) 905 -3100 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (ARBOURS AT CROWN POINT PUD) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment ") is made and entered into as of the day of , 2014 by and between W.O.R.Y. INVESTORS LLC, a Florida limited liability company, whose mailing address is 235 S. Bear Pointe Drive, Lake Placid, Florida 33852 and THOMAS MILTON WEST, whose mailing address is P.O. Box 1028, Ocoee, Florida 34761 (hereinafter referred to each individually as "Owner," and collectively as "Owners ") 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 City and Owners previously entered into that certain Development Agreement dated October 1, 2013 as recorded in Official Records Book 10647 Page 4817, Public Records of Orange County, Florida (the "Development Agreement ", and together with this Amendment, the "Amended Development Agreement "); and WHEREAS, Owners own fee simple title to the Property, as defined in the Development Agreement; and WHEREAS, the Development Agreement provided that the Property would be developed consistent with the Development Agreement and the PUD Land Use Plan for Arbours at Crown Point PUD prepared by VHB MillerSellen, date stamped as received by the City on August 9, 2013 and approved by the City on September 17, 2013 under Agenda Section H, Item 14, with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting (collectively, the "Final Plans "); and WHEREAS, the City has determined that the execution of this Amendment is essential to the public health, safety and welfare and the ability of the City to plan for the development of the Property; and WHEREAS, the City and Owners desire to execute this Amendment in order to evidence their mutual agreement as to certain matters related to the development of the Property in accordance with the Final Plans. 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; Definitions 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 in the Development Agreement or the Final Plans, unless otherwise indicated. The term "Final Plans" shall mean and refer to the "Final Plans" defined in this Amendment and not the "Final Plans" defined in the Development Agreement, unless otherwise specified. Section 2. Modification to Final Plans. The Property shall be developed consistent with the Development Agreement and the Final Plans as amended by that certain Amendment to Land Use Plan, Arbours at Crown Point PUD prepared by Miller Legg, date stamped as received by the City on , 2014 and approved by the City on , 2014 under Agenda Section _, Item _, with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting. Section 3. Proposed Development. Notwithstanding anything contained in the Development Agreement to the contrary, including Section 4(A) thereof, the Proposed Development of the Parcel 1 Property is two hundred forty (240) apartment units on the Parcel 1 Property and ninety -seven thousand (97,000) square feet of retail space on the Parcel 2 Property. Section 4. Allocation of Daily Trips. Section 4(C) is hereby deleted in its entirety and replaced with the following: (C) The Proposed Development is anticipated to generate 5,161 new net daily trips (the "Net Daily Trips "). Of those Net Daily Trips, the Parcel 1 Property shall be entitled to utilize 1,018 net daily trips, and the Parcel 2 Property shall be entitled to utilize 4,143 net daily trips. Section 5. Trip Generation. Section 5 is hereby deleted in its entirety and replaced with the following: Section 5. Development Limitation Based on Transportation Impact Notwithstanding any provision contained herein to the contrary, the Parcel I Property shall not be developed in such a manner so as to generate more than 1,018 net daily trips and the Parcel 2 Property shall not be developed in such a manner so as to generate more than 4,143 net daily trips, as calculated on the basis of the 9 edition of the ITE Manual and the City's Transportation Impact Fee Update as referenced in Section 87 -2 of the Ocoee City Code. Section 6. Conditions of Approval The Parcel 1 Property and the Parcel 2 Property shall be developed in accordance with and are made subject to those certain Conditions of Approval attached hereto as Exhibit "A" and by this reference made a part hereof (the "Conditions of Approval "). Owners further agree to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "A" replace in their entirety those Conditions of Approval attached to the Development Agreement as Exhibit "D" and are the same as the Conditions of Approval set forth in the Final Plans. Section 7. Ratification of Prior Agreements Except as amended hereby, the Development Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Development Agreement. All references herein to the Development Agreement shall refer to the Development Agreement as amended by this Amendment unless the text or context indicates otherwise. In the event of any conflict between the Development Agreement and this Amendment it is agreed that this Amendment shall control. Section S. Covenant Running with the Land This Amendment 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 9. Recordation of Amendment The parties hereto agree that an executed original of this Amendment shall be recorded by the City, at the Owners' expense, in the Public Records of Orange County, Florida. Section 10. Counterparts This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 11. Effective Date This Amendment shall first be executed by the Owners and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Amendment shall be executed by the City. The Effective Date of this Amendment shall be the date of execution by the City. SIGNATURES APPEAR ON FOLLOWING PAGES IN WITNESS WHEREOF, the Owners and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and /or officers as of the day and year first above written. Signed, sealed and delivered OWNERS: in the presence of: Print Name Print Nam Print Name W.O.R.Y. INVESTORS, LLC, a Florida limited liability company By: Print Name: Its: THOMAS MILTON WEST Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , as the of W.O.R.Y. INVESTORS, LLC, a Florida limited liability company who is personally known to me or [] produced as identification, and that he /she acknowledged executing the same on behalf of said company in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of .2014. 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): STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared THOMAS MILTON WEST who [] is personally known to me or [] produced as identification, and that he 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 this day of , 2014. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (ifnot legible on seal): My Commission Expires (if not legible on seal): Signed, sealed and delivered CITY in the presence of: Print Name: CITY OF OCOEE, FLORIDA C S. Scott Vandergrift, Mayor Attest: Print Name: Beth Eikenberry , City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of , 201_. SHUFFIELD, LOWMAN & WILSON, P.A. M. City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 201 . 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): EXHIBIT "A" CONDITIONS OF APPROVAL 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 as two (2) parcels as is described in more detail on that certain PUD Land Use Plan for Arbours at Crown Point PUD prepared by VHB MillerSellen, date stamped as received by the City on June 7, 2013. Parcel 1 includes development of the apartment complex and Parcel 2 includes the development of the commercial portion of the property. 3. Each parcel will stand on its own with respect to public services (sewer, water, stormwater management, access and other related services). Parcel 1 and Parcel 2 may have different owners, but each parcel shall be wholly owned and not further subdivided without the consent and approval of the City. Neither parcel shall have a property owners association owning any portion of the property. 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 relevant Owner performing the construction to the applicable governmental standards at that 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, with the exception of those in existing powerline easements) will be removed and /or terminated prior to or during construction of the development replacing those uses. 9. Development of this property is subject to that certain Development Agreement (Arbours at Crown Point PUD) dated as recorded in Official Records Book , Page , Public Records of Orange County, Florida. 10. Intentionally deleted. 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 parcel 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 of each parcel 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. 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, and shall be set back no less than 25' from any street. Such lift stations shall also be screened with a hedge -type shrubbery, such as viburnum or ligustrum. Trees 17. Existing trees eight feet (8') or larger (other than citrus trees or "trash" trees) located along proposed locations of buffer walls, if any, 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. 18. 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. 19. 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. 20. In order to ensure that as many existing protected 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 protected 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. 21. 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 protected tree if the Owner requesting removal has failed to take reasonable measures to preserve the protected trees on its parcel. 22. The final grading plan will preserve existing grades on individual lots and tracts containing protected trees as much as possible. 23. All landscape areas will be irrigated and have an automatic rain sensor. Easements /Utilities 24. All cross access, utility and drainage easements shall be provided prior to or at the time of platting. 25. All utilities will be placed around existing protected trees to be preserved. 26. With the exception of any utilities located in the existing powerline easements, all utilities including electrical, cable, TV, and telephone shall be placed underground. 27. Intentionally deleted. 28. Intentionally deleted. 29. 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. 30. 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 each Owner execute an easement in recordable form with respect to the foregoing. 31. 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. Association 32. Intentionally deleted. 33. Intentionally deleted. 34. Intentionally deleted. Streets 35. Final street naming will be coordinated through the City Building Department at the time of final plat submittal. 36. Intentionally deleted. 37. Intentionally deleted. 38. 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. 39. Each 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. Stormwater Management System 40. All retention ponds will be unfenced with maximum 5:1 side slopes into the pond. 41. The development of this project will incorporate the stormwater needs of all public roads within the project. 42. All building setbacks from all retention areas shall be fifteen feet (15') feet from the top of the bank. 43. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets, manholes, structures and retention ponds, will be owned, operated and maintained by the Owner of the parcel in which the structure exists. 44. Notwithstanding any provision to the contrary contained in these Conditions of Approval, each Owner shall remain responsible for the maintenance of stormwater management facilities located on their respective parcel, 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. intentionally deleted; iii. intentionally deleted; iv. the City has been provided with a copy of each Owner's proposed maintenance plan with respect to the SWMS; and V. intentionally deleted. 45. Intentionally deleted. Wetlands /100 Year Flood Plain 46. All finished floor elevations will exceed the 100 -year flood plain by a minimum of two feet (2'). 47. Each 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. 48. 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. 49. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for the property, each Owner will map the jurisdictional wetland line on its site and establish a twenty -five foot (25') 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. The usable area of the site will be reduced by this acreage and all development criteria will be reduced proportionately. Prior to or at the time of development of any portion of the property, if a Conservation and Drainage Easement is required, the relevant 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. Commercial Projects 50. All commercial lots will be a minimum of one (1) acre in size. 51. All commercial lot uses shall conform to the Master Architectural, Signage, Lighting and Landscape Package Plans, which will be provided when the first commercial lot is developed and which will be subject to approval of the City. Single - Family Residential Projects 52. Intentionally deleted. 53. Intentionally deleted. Multi- Family Projects 54. All multifamily residential buildings comprised of three (3) or more dwelling units, regardless of square footage or number of stories, will include automatic fire protection systems. 55. Intentionally deleted. 56. The multi - family portion of the project will comply with section 6 -15 of the Land Development Code regarding multi- family development standards. 57. Intentionally deleted. 58. Intentionally deleted. Wekiva Study Area 59. 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. 60. 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.] 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.] West Orange Trail 61. A Public Trail Tract as depicted on the plan shall be dedicated to the City at the time of platting for connection through the property to the West Orange Trail.