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Home My WebLink AboutItem #16 Ocoee Pines - Amendment to PUD Land Use Plan Ordinance\`Yi'1 I ., d. AGENDA ITEM STAFF REPORT Contact Name: Contact Number: November 4. 2014 � tr Reviewed By: Department Director: City Manager: Meeting Date: Item # J. Antonio Fabre, AICP 407 - 905 - 3100/1019 Subject: Ocoee Pines (FKA: Whispering Pines) Planned Unit Development (PUD) Substantial Amendment to the Approved PUD Land Use Plan Project No(s): RZ- 13 -10 -08 Commission District # 1 — John Grogan Background /Summary The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located northwest of Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. The property is currently vacant, wooded and undeveloped. The property was originally a remnant of a historic (circa 1920s) residential subdivision (West Orange Park) that was never developed. Basically, the site is a redevelopment of this historic platted subdivision. It was determined that the historic plat could have potentially been vested for 352 residential units. On August 8, 2006, the property was re- platted under Orange County jurisdiction as "Ocoee Pines ". This plat dedicated essential right -of -way for the Clarcona -Ocoee Roadway realignment. Subsequently, the subject property was also incorporated into the corporate boundaries of the City of Ocoee on November 7, 2006. On July 17, 2007, the Ocoee Pines PUD was officially approved by the City Commission with a mixture of single - family residence (SFR) and a Townhome (TH) component. On November 4, 2008, the Final Subdivision Plan (FSP) was approved by the City Commission with 189 SFR and 154 TH units. The site is partially cleared but never finished due to the previous owner /developer defaulting on the FSP project. Currently, Orange County has completed the major roadway realignment improvements for Clarcona -Ocoee Road which now runs through the subject site. 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 and I.ow Density Residential / City of Ocoee Forest Lake Goll" Course -"City Park" / SFR(s) (Ingram Trails Subdivision) / "R -1 AA " East LoNN Density Residential / Orange County SFR(s) / Agriculture "A -1 " South Low Density Residential/ Orange County SFR(s) and Manufactured Home Park (West Orange Park) / Agriculture "A -1"' West Recreation & Open Space / Cite of Ocoee Forest lake Golf Course /"City Park " The Ocoee Pines PUD was originally approved for a maximum of (189 SFR + 154 TH) 343 dwelling units. The Land Use Plan originally indicated townhomes on the northeast portion of the PUD; however, due to the current market conditions, the applicant has modified the plan to include only single - family as the primary residential use. As a result, the overall density has been reduced (62 units less) to a total of 281 SFR. Accordingly, the Land Use Plan and Conditions of Approval were amended to reflect the Applicant's request. The following modifications are proposed with this amendment submittal: • No townhome component; • Maximum number of dwelling units 281; • The amended residential lots indicate: Lot Type I = 109 (75' x 115) with a minimum living area of 2,000 square feet, and Lot Type II = 172 (50' x 120) with a minimum living area of 1,800 square feet. Reclaimed water, solid waste, police and fire protection will all be provided by City of Ocoee. Potable water and wastewater will be provided by the City of Ocoee on the southern portion of the project and Orange County Utilities will provide service on the northern portion of the project. Staff is currently working with Orange County Utilities on a wholesale agreement for the City to provide potable water and wastewater service on the northern portion. Said agreement will be presented to the City Commission for approval at a later date. Issue Should the Honorable Mayor and Commissioners approve the Substantial Amendment to the Approved PUD Land Use Plan for Ocoee Pines? Development Review Committee Recommendation: On October 8, 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 nonsubstantial by the DRC. The Committee determined that the proposed amendment was considered a substantial amendment due to the criteria established in the City's Land Development Code. Discussion ensued on the SFR lots sizes, Conditions of Approval, future fence /walls that will be proposed adjacent to the Golf Course and needed easements for the boundary adjustment. Moreover, the Applicant felt confident that the Boundary Agreement will be completely finalized before the next scheduled City Commission meeting. When the discussion was finished, the Committee voted unanimously to recommend approval of the Amendment to the Ocoee Pines PUD, subject to resolution of the remaining staff comments. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Amendment to the Approved PUD Land Use Plan for Ocoee Pines on October 14, 2014. City Staff presented a brief summary and overview of the requested Amendment to the Approved PUD Land Use Plan. City Staff answered several questions regarding lot widths, overall PUD Plan, and roadway improvements. All of these questions were addressed adequately in the P &Z meeting. There was no one from the public to speak regarding this proposal. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Substantial Amendment to the Approved PUD Land Use Plan for Ocoee Pines, subject to resolving any remaining staff comments before the City Commission meeting. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the City Commission approval of the Substantial Amendment to the Approved PUD Land Use Plan for Ocoee Pines, subject to resolving the last remaining staff comments. Attachments Location Map; PUD Amendment Ordinance; Amendment to the Land Use Plan for Ocoee Pines PUD stamp dated July 29, 2014. Financial Impact None Type of Item : ( please mark with an 'Y) Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A Ocoee Pines Location Map I • i U) eeee� I� HA J JU ES i LAKE MEADO i RX-AM Lj w 0- i Lu t- 1 . -- � - -- .. U I i i - - - - LAKE MEADO H �� _ � L �E MEADO T - - - _ �� _ _ ORDINANCE NO. (Substantial Amendment to PUD Ordinance for Ocoee Pines) TAX PARCEL ID #: 05- 22 -28- 9152 -26 -470 05- 22 -28- 6432 -00 -003 05- 22 -28- 6432 -00 -004 05- 22 -28- 6432 -00 -005 05- 22 -28- 6432 -00 -006 05- 22 -28- 6432 -00 -007 05- 22 -28- 9152 -09 -010 05- 22 -28- 9152 -02 -260 05- 22 -28- 9152 -39 -220 05- 22 -28- 9152 -22 -280 CASE NO. : Ocoee Pines AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE OCOEE PINES PUD ON CERTAIN REAL PROPERTY LOCATED NORTHWEST AND SOUTHEAST OF CLARCONA OCOEE ROAD, EAST OF THE FOREST LAKE GOLF COURSE, AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE OCOEE PINES PUD LAND USE PLAN TO ADD ADDITIONAL PARCELS TO THE PUD; ELIMINATING TOWNHOMES AND REDUCING THE LOT WIDTHS OF THE SINGLE FAMILY LOTS WITHIN THE PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner or owners (the "Applicant ") of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in the Exhibit "A" attached hereto has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission ") to approve an amendment (the "Amendment ") to the Ocoee Pines PUD Land Use Plan, as approved by the Ocoee City Commission on July 17, 2007 (the "Land Use Plan "); and WHEREAS, the Amendment proposes to remove approved townhomes and reducing the lot widths of the single family lots within the PUD; and WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ( "DRC ") on October 8, 2014; and WHEREAS, the DRC recommended approval of said Amendment; and WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission "); and -1- WHEREAS, on October 14, 2014, the Planning and Zoning Commission held an advertised public hearing on the Application and recommended approval of the Amendment; and WHEREAS, on , the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Amendment and this Ordinance and determined that the Amendment and this Ordinance are consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91 -28, adopted September 18, 1991, as amended; and WHEREAS, the Ocoee City Commission considered this Ordinance in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan The Amendment to the PUD Land Use Plan prepared by Bowyer Singleton, date stamped received by the City on July 29, 2014, with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving same is hereby approved, subject to the Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan supercedes and replaces the previously approved Land Use Plans for the Ocoee Pines PUD. All references to the Land Use Plan or the Amended Land Use Plan for the Ocoee Pines PUD shall hereafter refer to the attached Amended Land Use Plan. SECTION 3. Conditions of Approval The property described in Exhibit "A" hereto shall be developed in accordance with and subject to the Conditions of Approval set forth in the Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any conflict between the Ocoee Pines Land Use Plan referenced in Section 2 above and the Conditions of Approval, the Conditions of Approval shall control. SECTION 4. Ocoee Comprehensive Plan The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 5. Conflicting Ordinances All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 6. Severability If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. -2- PASSED AND ADOPTED this ATTEST: 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 2014. SHUFFIELD LOWMAN & WILSON, P.A. City Attorney day of , 2014. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2014 READ FIRST TIME .2014 READ SECOND TIME AND ADOPTED .2014 UNDER AGENDA ITEM NO. -3- EXHIBIT "A" Legal Description -4- EXHIBIT "B" Amended Land Use Plan -5- AMENDMENT TO THE PUD LAND USE PLAN FOR OCO PINES SITE DATA - A PLANNED UNIT DEVELOPMENT '� DLE ' �" OCOEE, FLORIDA o�, .mo'sE :..., _,,.�.� o o JULY 2014 DIING x40 GR03BDENB� Y- = LO- EmN„ GD, A,= - >xo UT AO- LOT III UNIT' AC .;. xx AC I F"UHESZONOSSOPENSPI E, 1111 (E CTRIIP.N05hoPFNFF -O) IF NET 3 15 CHAD P, _ "IXns7 E- fso x11s9 TYP 0 CAL LOT FICE: El 17 ITII 11 FRONT s HE YARD OE ITIELT ARD. PONT REET SIDE IEC. o ARXING�PADE3 PER PAID z;�GE, PARNINGSPACES PER UNIT 2(DARAGE, TIE TY III PERCENT OF THE GROSS LAND AREA. o _N_PA _ - _ - _ - sP c I) 11FIRAn REAS AND OTHER THEN �s °A e. O R reETILATONALAISEVTIES.aOVIIED. COMMUNJTYEASANA, POOL, SR TOT LOT AND PLAY FIELD ARE REAREDD.RED. 11.11111PDPDLATIOR_ Q SI R - 5 =a=ss 111 - 11TALPOPJLATOT s s,3 xso - v. ,e II. SCHOOL a , i -ssss s3 =1a 4.05 PA. CITED AVERAGE DAILY TFIRA s TRIPS TOTAL o E _ _ - 11 DETH IF 3,10 - _ O e wm,11s3,o1 _. EA ED - BY CITY OE OCGEE,110 N. LARESRDRE Ore., OCO=-. -L, 34,6.13IRG Ste -31x1 01 w0„ 113 -3 :01 —11E All I THE "'IF" 11 All IT, NO IN THE 1EIIT ATIGIS 11 AN AIIE111IT THAT 11 1 L ALI FAR HHE ABOVE LT ERVGED JD NTLY BY THE C Tr OF OCOEE AND ORAncE�COUNTY PER THE UTILITY SERVCE SOUNOARY. Est ✓u BE ., Es E A - LAKE APOPEA NATVRAL GAS , 351. PARK AVE., APOHl FL. 32703 885.1117 s1, (40TH 211-25x1 CABLE SERGIE PROVIDED BY GI FL 341 .� ENS�F�q=oN raET o ,'° ,DIVBIDNSTREET .DRLAN00 FLB531E,<1„ =45105 EN OENCORA O L� -YPF Ix..sIN� E =AMIL. �nro dl ls3lxEESPEn N. xT. 1 1 COVER SHEET 2 CONDITIONS OF APPROVAL 3 EXISTING CONDITIONS 4 LAND USE PLAN INDEX OF SHEETS LEGAL DESCRIPTION OF SUBJECT PROPERTY ,I SEE SHEET NUMBER 3 `- BOWY 1 SINGLETON 0 0 Q LQ �J W� V� O w O O 8� p #z F lL Ictl_� r JIIL 2 9 2014 J i Fy 0i L ELL OWNERSHIP AND CONSUIRTANT INFORMATION DEVELOPER /0'INNER ENGINEER /LANDSCAPE /APPLICANT /PLANNER /SURVEY ATTORNEY JTD LAND ATOCOFE P INES, PLO DE— EIRRY- SOMER- SINGLETON AKERMAN,LLP 210 HOAGLAND BOULEVARD 020 SOUTH MAGNOLIA AVE. 420 SOUTH ORANGE AVENUE, SUITE 1200 KISSIMMEE, FLORIDA34741 ORLANDO, FLORIDA 32801 ORLANDO, FLORIDA 32801 CONTACT: MR. CRAIG HARRIS PHONE'. (407) 843 -5120 PHONE: (40]) 423-0 CONTACT: NICOLE STALDER, P IF . CONTACT: JIM MCNEIL `- BOWY 1 SINGLETON 0 0 Q LQ �J W� V� O w O O 8� p #z F CONDITIONS OF APPROVAL 1. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND RESTRICTIONS OF FLORIDA STATUTES CHAPTER 163, CONCERNING MORATORIA ON THE ISSUANCE OF SUIT DING 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. EXISTING TREES 8 IN CBH 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 STREETTREES. 3, THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR THOSE LOTS. 4, REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING ROAD RIGHT -OF -WAY AND RETENTION AREAS AS DETAILED IN THE FINAL SUBDIVISION PLAN. All EXISTING PROTECTED TREES ON INDIVIDUAL LOTS WILL BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT LOT, TO DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING AROUND RETENTION POND TRACTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A CERTIFCATE OF COMPLETION. 5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE V✓ILL BE PRESERVED, ALL ROAD RIGHT -OF -WAYS 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. 6. 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 DEVELOPER HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE. ].'UNLESS OTHERWi BE NOTED, A 5 UTILITY AND DRAINAGE EASEMENT WILL BE PLATTED ALONG ALL SIDE LOT LINES AND 10' UTILILTY, DRAINAGE AND SIDEWALK EASEMENT ADJACENT TO THE STREET RIGHT -OF- (NAYS. SIDEWALKS WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY TO RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED. e. ALL UTILITIES TO BE PLACED WITHIN THE 1 0' EASEMENT ALONG THE FRONT OF EACH LOT WILL BE PLACED AROUND EXISTING PROTECTED TREES TO BE PRESERVED, 9, EACH FIRE HYDRANT SHALL BE PAINTED YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT. FIRE HYDRANTS SHALL BE SPACED PER CITY OF OCOEE LAND DEVELOPMENT CODE, Q10. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE FOR THE BENEFIT OF THE HOMEOWNERS ASSOCIATION. THE I AND BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL LOT OWNERS. 11. ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING AROUND RETENTION POND TRACTS AND THE LIFT STATION TRACTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF COMPLETION. 12. STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE DEVELOPERS PRIOR TO CERTIFICATE OF COMPLETION AT THE DE'VELOPER'S EXPENSE AND THE COST OF THEIR OPERATION WILL BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH ORDINANCE NO 95 -17. A13. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION SHALL BE CONVEYED TO THE HOMEOWNERS ASSOCIATION BY WARRANTY DEED AT THE TIME OF PLATTING. 14. ANY DAMAGE CAUSED TO ANY PUBLIC ROAD 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 OWN'ER'S SOLE COST AND EXPENSE. 15. THERE SHALL BE NO ACCESS FROM THE PRCPERTY TO ANY PUBLIC STREET EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE APPROVED FINAL SUBDIVISION PLAN. 16. Ai DRAINAGE L CROSS ACCESS, UTILITY AND DRAGE EASEMENTS SHALL BE PROVIDED PRIOR TO OR AT THE TIME OF PLATTING. 17. A PERPETUAL, NON - EXCLUSIVE ACCESS EASEMENT OVER ALL INTERNAL ROADWAYS AND OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR OF THE CITY OF OCOEE 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, 18. ALL UTILITIES INCLUDING ELECTRICAL, CABLE TV, AND TELEPHONE AND INCLUDING ON SITE EXISTING OVERHEAD WIRES SHALL BE PLACED UNDERGROUND. Q19. A HOMEOWNERS ASSOCIATION SHALL BE CHEAPER FOR CV✓NERSHIP AND MAINTENANCE OF ALL COMMON AREAS. A20. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO, DECLARATIONS OF COVENANTS, EASEMENTS AND RESTRICTIONS, ARTICLES OF INCORPORATION OF THE HOMEOWNERS ASSOCIATION AND WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE CITY FOR APPROVAL PRIOR TO PLATTING ALL OR A PORTION OF THE PROPERTY, A21. THE STORMWATER SYSTEM, INCLUDING ALL PIPES, INLETS, MANHOLES AND STRUCTURES, TOGETHER WITH TRACTS A -H (RETENTION PONDS), WILL BE OWNED, OPERATED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. N 2 EACH PHASE OF THE PROJECT WILL STAND ON ITS OWN WITH RESPECT TO PUBLIC SERVICES (SEWER, WATER, STORMWATER MANAGEMENT, ACCESS AND OTHER RELATED SERVICES, 23ALL EXISTING STRUCTURES, HOLUB 'NO BUILDINGS, POWER LINES, AERIAL AND UTILITY FACILITIES, WILL BE REMOVED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES. 24. PU'RSU'ANT TO ORDINANCE 2001 -18 ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WITH THE NAME OF THE SUBDIVISION, ANY SUBSEQUENT CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE CITY COMMISSION. Q25. ALL BUILDING PAD ELEVATIONS SHALL EXCEED THE 100 -YEAR FLOOD ELEVATION BY A MINIMUM OF TWO FEET AS ESTABLISHED BY THE PROJECTS STORMWATER MANAGEMENT SYSTEM AND /OR THE ADJACENT 'WATER BODY IDENTIFIED ON THE FEMA FIRM PANEL, WHICHEVER IS GREATER. 26. NOTWITHSTANDING THE CO AN OF THE S RETENTION PONDS THE (THE HOMEOWNERS ASSOCIATION (THE ASSS OR ANY OR PROVISION THE CONTRARY CONTAINED IN THESE CONDITIONS OF APPROVAL, THE DEVELOPER OPER SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF THE PROJECTS S M SYSTEM (SS), INCLUDING ALL STORMWATER RETENTION PONDS, , UNTIL UNTIL SUCH TIME IME AS: AS: (1) (1) T THE ENTIRE AWNS FOR THE PROJECT IS CONSTRUCTED AND APPROPRIATE CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY AND THE SJRWMD, (II) THE STORMWATER RETENTION PONDS INTENDED BE BEEN CON CONVEYED TO THE ASSOCIATION HAVE FACT BEEN CONVEYED TO THE ASSOCIATION, (III) 1) M D ASSOCIATION IS DESIGNATED AS THE MAINTENANCE ENTITY ON THE RECORDS OF THE SJRWMD SJF L TRANSFER RECORDS E THE SJRWMD HAVE BEEN EXE AND ACCEPTED BY SJRW MD, (IV) THE CITY HAS BEEN PROVIDED DED A N ( CI COPY THE DEVELOPERS PROPOSED MAINTENANCE PLAN WITH RESPECT TO THE SWMS, AND (V) THE CITY HAS BEEN HE [DEVELOPER E WITH A WRITTEN STATEMENT FROM THE ASSOCIATION ACKNOWLEDGING RECEIPT OF THE 'S PROPOSED MAINTENANCE PLAN WITH RESPECT TO THE SWh15 AND THAT THE ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE OF THE SWMS, 27. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY SHALL INCLUDED THE FOLLOWING PROVISIONS: I. PROVISION ALLOWING THE CITY TO LEW, COLLECT, AND ENFORCE ASSESSMENTS FOR MAINTENANCE F 0 COMMON AREAS IF ASSOCIATION FAILS TO 00 SO OR FAILS TO MAINTAIN ASSESSMENTS A LEVEL A L L OWING FOR ADEQUATE MA ii. PROVISIONS GRANTING THE E CITY THE RIGHT, BUT NOT OT THE OBLIGATION MAINTA AI THE SWMS AND OBTAIN REIMBURSEMENT FROM THE ASSOCIATION, T , OR FROM THE DEVELOPER IF (i) TURNOVER OF CONTROL OF T MEMBERS HAS NOT OCCURRED, OR (II) IF THE DEVELOPER IS STILL RESPONSIBLE FOR MAINTENANCE OF THE SWMS. III. 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 TINIES BE IN GOOD STANDING WITH THE FLORIDA SECRETARY OF STATE. v. 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 RAMS ACCOMPANIED BY AN ENGINEERS CERTIFICATION THAT THE SWMS IS FUNCTIONING IN ACCORDANCE WITH ALL APPROVED PLANS AND PERMITS, TO THE EXTENT THAT ANY SUCH ENGINEERS REPORT INDICATES ANY CORRECTIVE ACTION IS REQUIRED THAT DECLARANT SHALL BE REQUIRED TO DILIGENTLY UNDERTAKE SUCH CORRECTIVE ACTION AT THE DECLARANTS EXPENSE AND TO POST A CASH BOND WITH THE ASSOCIATION FOR THE ESTIMATED COSTS OF SUCH CORRECTIVE ACTION. vi. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY THE ASSOCIATION. Ii. PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING THE CITY REQUIRES v THE CONSENT OF THE CITY IN AN INSTRUMENT RECORDED WITH THE AMENDMENT. 28. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION SHALL BE CONSISTENT WITH THE FOREGOING PROVISIONS. 29. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITYOF OCOEE CODE, 30. 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.. 31, ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN AUTOMATIC RAIN SENSOR. ,i 32. INTENTIONALLY DELETED. A 33 INTENTIONALLY DELETED, 34. ALL UNDERGROUND UTILITIES SHALL COMPLY WITH SECTION 6 -8 C 3 OF THE LAND DEVELOPMENT CODE, WHICH REQUIRES PEDESTAL - MOUNTED UTILITY BOXES TO BE PLACED BACK OF THE STREET, NO MORE THAN 5 FEET FORWARD OF THE FRONT BUILDING SETBACK LINE, ON ALL RESIDENTIAL LOTS WHICH ARE LESS THAN 70 FEET IN WIDTH WHERE THE LOT AS UTS THE STREET RIGHT -OF -WAY LINE. 35. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL. A36. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE ACCESS RAMFS AT ALL RIGHT -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, AND OTHERWISE COMPLY WITH ALL AMERICANS WITH DISABILITIES ACT ('ADA') REQUIREMENTS. WHEN SIDEWALKS ARE CONSTRUCTED ON CORNER ER LOTS IN CE RTAIN O - L CATION'S THE WALKS WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. THE HOMEOWNERS ASSOCIATION LNILL R RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL STREETS AND SIDEWALKS IN ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY NOW OR HEREINAFTER BE APPLICABLE TO THE PROJECT, Q3T THE LIFT STATION TRACT WILL BE CONVEYED TO THE CITYAT THETIME OF PLATTING. THE LIFT STATION SHALL BE FENCED WITH A BLACK VINYL COATED ALUMINUM FENCE AND SHALL BE SET BACK NO LESS THAN 25' FROM ANY STREET. THE LIFT STATION SHALL ALSO BE SCREENED WITH SWEET VIBURNUM HEDGING (36 IN HIGH AND 36 IN. ON CENTER) IN ADDITION TO JASMINE VINES, 30. ALL SCREEN WALLS, LANDSCAPE BUFFERS, ALL COMMON AREA LANDSCAPE IMPROVEMENTS AS WELL AS SIDEWALKS ALONG THE FUTURE LOCAL STREET AND ALONG ALL OTHER PERIMETER PROPERTY LINES SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF COMPLETION. 39. SHORT TERM RENTALS (RENTAL TERM LESS THAN 6 MONTHS) SHALL BE PROHIBITED. THIS RESTRICTION SHALL BE INCORPORATED INTO THE DECLARATION FOR THE SUBDIVISION AND SHALL PROVIDE THAT THE PROVISION MAY BE ENFORCED BY THE CITY, Q40. INTENTIONALLY DELETED. 41, THE DECLARATION FOR THE SUBDIVISION SHALL PROHIBIT RV AND SCAT PARKING WITHIN THE CIRCI ISIQN. Q42. INTENTIONALLY DELETED. A43. INTENTIONALLY DELETED. Q 4. INTE NTIONALLV DELETED. 45. THE DEVELOPER SHALL COMPLY WITH ORDINANCE N0 .2001 -19 OF THE LAND DEVELOPMENT CODE IRRITATING TO COMMUNITY MEETING ROOMS. 46. INTENI IONALLY DELETED. A47. INTENTIONALLY DELETED. 0' 4B. INTENTIONALLY DELETED, Q49. A BLANKET EASEMENT WILL BE PROVIDED TO THE CITY OF OCOEE OVER ALL TRACTS TO BE OWNED BY THE HOMEOWNERS ASSOCIATION FOR THE MAINTENANCE_ OF ALL UTILITIES AND DRAINAGE OVER SUCH TRACTS. Q50. WATER AND SE'NER SERVICE WILL BE PROVIDED BY THE CITY OF OCOEE. AT THE TIME OF HE PLATTING, EASEMENTS WILL BE PLACED OVER THE SERVICE LINES AND DEDICATED TT O CITY OF GOOF: E. Z% 51. RECLAIMED WATER WILL BE USED FOR IRRIGATION PURPOSES, IF AVAILApLE. AM IRRIGATION SYSTEM WILL BE INSTALLED TO SERVICE ALL COMMON AREAS AND RESIDENTIAL LOTS WILL 3E INDIVIDUALLY METERED. THIS MASTER SYSTEM WILL BE OWNED AND MAINTAINED E THE HOMEOWNERS ASSOCIATION. 52. ALL STORMWATER MANAGEMENT PONDS WILL BE UNFENCED WITH A MAXIMUM 5:1 SIDE SLOPES INTO THE POND. 53, ALL SUIT DING SETBACKS FROM ALL OFTEN PION AREAS SHALL BE 15 FEET FROM THE TOP OF BANK. 54, DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCATIONAL PURPOSES ONLY. FINAL EASEMENT DIMENSIONS (WIDTHS) WILL BE SHOWN ON THE FINAL SUBDIVISION PLAN AND WILL BE SIZEC TO MEET CITY REQUIREMENTS_ STREET LIGHTS, SECURITY LIGHTS AND LIGHTING FOR COMMON AREAS MEETING CURRENT CORE REQUIREMENTS SHALL BE INSTALLED BY THE DEVELOPER PRIOR TO CERTIFICATE OF COMPLETION AT THE DEVELOPER'S EXPENSE AND THE COST TO THEIR OPERATION WILL BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH SECTION 6-5(D) OF THE OCOEE LAND DEVELOPS E NT CODE, Q56. THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPED AREAS. LANDSCAPED AREAS SHALL BE KEPT IN A NEAT, HEALTHY AND ORDERLY APPEARANCE FREE OF REFUSE AND DEBRIS. 57. EACH SINCLE FAMILY LOT SHALL HAVE THE MINIMUM OF THREE (3) TREES PER LOT, EACH TREE TO BE 10 ET. IN HEIGHT AND 2 IN. DBH AT TIME OF PLANTING. , i 56. INTENTIONALLY DELETED. Q59. INTENTIONALLY DELETED. Z 60, INTENTION ALLY DELETED. 61. A DETAILED TREE SURVEY, DEMONSTRATING THE LOCATIONS OF HARDWOOD TREES, WILL BE SUBMITTED WITH THE FINAL SUBDIVISION PLAN. 02. A STABILIZED ROADWAY SHALL BE PROVIDED AT ALL TIMES DURING CONSTRUCTION FOR EM ERGENCVACCESS. E3. NO COMBUSTIBLE MATERIAL SHALL BE ALLOWED ON SITE UNTIL A DER APPROVED WATER SUPPLY IS ESTABLISHED. 64 APPROVAL BY THE CITY OF THE LAND USE PLAN AND/OR THE PRELIMINARY SUBDIVISION PLAN RELATED TO THE PROJECT SHALL BE SUBJECT TO AND CONDITIONED UPON THE OWNER ENTERING INTO AN AGREEMENT (THE 'BOUNDARY LINE' AGREEMENT) WITH THE CITY ESTABLISHING THE LOCATION OF THE BOUNDARY LINE LOCATED BETWEEN THE PROJECT PROPERTY AND THE PROPERTY LOCATED TO THE WEST AND NORTH OF THE PROJECT, 'WHICH i5 OWNED BY THE CITY AND OPERATED BY THE CITY'S TENANT AS THE FOREST LAKE GOLF COURSE. THE BOUNDARY LINE AGREEMENT WILL REQUIRE A JOINDER AND CONSENT FROM THE CITY'S TENANT AND THE TENANT'S MORTGAGE LENDER(S). THE FINAL SUBDIVISION PLAN FOR THE PROJECT WILL BE REQUIRED TO ACCURATELY REFLECT THE BOUNDARY LINE ESTABLISHED 3Y THE BOUNDARY LINE AGREEMENT, THE CITY MAY REQUIRE CHANGES TO THE FINAL SUBDIVISION PLAN, WHICH WOULD OTHERWISE BE INCONSISTENT WITH THE APPROVED PRELIMINARY SUBDIVISION PLAN, IN ORDER TO COMPLY WITH THE REQUIREMENTS CONTAINED IN THE BOUNDARY LINE AGREEMENT, TO THE EXTENT THE OWNER DOES NOT ENTER INTO THE BOUNDARY LINE AGREEMENT, BUT PROVIDES THE CITY WITH A JUDICIAL DETERMINATION ESTABLISHING THE LOCATION OF SUCH BOUNDARY LINE, THE FINAL SUBDIVISION PLAN FOR THE PROJECT WILL BE REQUIRED TO ACCURATELY REFLECT THE BOUNDARY LINE ESTABLISHED BY SUCH JUDICIAL. DETERMINATION. THE CITY MAY REQUIRE CHANGES TO THE FINAL SUBDIVISION PLAN, WHICH WOULD OTHERWISE BE INCONSISTENT WITH THE APPROVED PRELIMINARY SUBDIVISION PLAN IN ORDER TO ADDRESS ANY ISSUES RELATED TO THE LOCATION OF THE BOUNDARY LINE, AS SET FORTH IN SUCH JUDICIAL TERMINATION. QQE5.) RESOLUTION OF THE PROPERTY BOUNDARY ADJUSTMENT TO FOREST LAKE GOLF COURSE MUST BE COMPLETED PRIOR TO PLATTING OF THE SUBDIVISION, V / I& MAN , . BOWYER SINGLETON -U Q Q V) Z Q W o U O O h J R, J O 5° W 4 �n W v O `o O M 1 i oP PROPERTY �� - d a"c €��A / t _N OTES: /.)NO WETLAND AREAS EXIST ON THIS -- U SITE. THE SITE DOES A2JTHIS SITE IS DETERMINED BY A Z ONE X NOT LIE WITHIN o soa B• YER , \ THE l00 YR FLOOD ELEVATION S f ACCORDING TO THE FLOOD INSURANCE SINGLETON Q — -- a l f RATE MAP NO. 12095CO205F. DATED: a SEPTEMBER 25, 2009, FEDERAL x DATUM — 3 EMERGENCY MANAGEMENT AGENCY. NAVD88 ° \8 F- LEGEND SOILS LEGEND l .^ / coNrouRS . - _ ARCHeoLO �IN/.D.0 TO 5 n 1 1 4 t O E S? PERCENT SLOPES: A = w � �� /'� "s I I `� PROPERTY EIUAAI — Y O /' rt 1� L f I CANDLER FINE SAND.O TO 5 5' l 5 LS D-DE LINE O PERCENT SLOPES; A J ; I I 1 f 3 > t / - • 1 = ST. LUCIE FINE SANG, O TO 5 L / ➢ NUAL5 LEGEND 38 3B PERCENT SLOPES: A Q " LEGAL DESCRIPTION OF SUBJECT PROPERTY If1 ��L1 •�- i'I...��,� �.,E �rvoss�FNEIrva /:AE�4osoro��rv�_ a A HE //I'F. / I � 4�1 I .F.o a.�oa� soo a�E< eLca.�oa�soFOa >rvHE _ $ �� L El I. TH I o nrs e st w o IA T. r7 1111T 11 A Ti dT ill ... I II ' — I F / FEET 11 THE % a��J. / �, �.a - 1 1111 �� LI - -� — ALI, IT I. FET \\ / 'LIFLIFF, I, v 6'� ..... .......... i® �E�M ,aREr�_� o A.a E. lESa9 �,.a/or,� a s �o �F o�v�PFRK Ac a �AOE EI-1 , 0 — �! a 1. m � 1111 IF _' mm _� 1, A � f 1 .. I __— oA Eo ry >�., o sb.P IF III rvoss o,oFO ry Eca / � iI / R moa - -- ° ILI_ 11 NI f ^k .' . ��PROPERTY _ In IA Ill 11 FIll TITIE AL1HG El 171 11 IF 219 i HINIT Ell 11 soF/a3.�o .�cssee oza — wA nArvcsos ii. nErvc[s o oP esr; rvn uG o�rnncE Oros/ree� 2 � j AN a ... j is _ •L_ 9 orc s, IF III, A TIE, A ,..: ... ..�. ^....,a, o w. '1 1,11111, T-1111 "11TH-111A HI Ill 111111... o L R,o � �� I �. t I _ a 6 } Ly �! . n ry 2 ORAI _ L 1 .1 THE IILLII IF 111— 1-1 ELI N I i a .. �. �.......� -� — — - - - -- — I- - -- FT T _ - - -- — _ = - -- -- o o .A rvG IF s ,,=a . E IE` r1 ACA , M IElLll, n ory . E n.o • ,_ ,✓ J — 1, - - I - -I - -I L PROPERTY - ZoNCD - LFJJOSCAPE BUFFERL m o BOUNDARY !/5 [TYP.1 E / - Q _ WE ST ORANGE TRAIL - a E <� M � RETENTION AREA0 -... - � z / REC. O . �� J 0/9 Ate. /- Q o9 /so- son BOWYER RErENT.�oN SINGLETON SINGLE NT/AL AREA < AC RES /GENT /AL sea Ac. v- ! /�/ FUTURE O mPE /Lars DEVELOPMENT PARCEL p LIFT Q 0 STATION RETENTION COMMUNITY AREA RECREATION l5 / S Al. o o -RE--1- Q PUBLIC - •, QLAAI SCAPE BUFFER- OEVELOPMEA p OPEN SPACE /' !l5'WIN.) 50' ROW z L / • , ( TYP.) -- r cE couNTYI ( A Q LANDSCAPeI � z BUFFER r REC. - 0 (lam MI,NJ l Q Q. J Q J 0 FOREST LAKE GOLF, LLC - LN✓a U_ RECREATION /OPEN S-CE ' I I � O 0 IAN Q s °e uNTYI RANGE J z l I SINGLE FAMILY- - _ RESIDENTIAL 0 LE FAMIL �- YPE LOTS V SINGY T s A p lz t �a - r RESENTIAL 36B ID _ TAL E e� / TYPE IJOTS _ I ET DENS /TY " 65 h / NE TTACRTAGGLO. 3259 AC. -/- L.0 / N n ° NET Oc TOTAL • S35 tw /AC. /- I I OPEN SPACE �0✓2 Ac /_ PROPERTY wl RETENT /O�! BOUNDARY Q AREA C. (TYPJ - I3 O. v. i r - LANDSCAPE BUFFER, e LANDSCAPE BUFFER - -/ r a n PROPERTY E oUIYI LL 0 BOUNDARY (TYPJ LANDSCAPE BUFFER) AND E �a / ZG -o I Al U51 MIN) raa GE NT I LLLJJJ -... la3 Ar. /- roaavcE S C �nl e ° _ _ v ° [ FUTURE DEVELOPMENT PARCEL - - Zo ES A E a I NOT [An cc /✓ I a .�.. ES. E LOP FuruaE_ 0 - - - -- - -- - _ -- - - - - _ -- - - - - -- - - I J ADJACENT FULL OR SHARED ROWS ENT – HAVE_ BEEN INCLUDED IN THE SINGLE ✓ PARCEL FAMILY NET ACREAGE CALCULATIONS. 2.J PHASING WILL BE DETERMINED AT „ - °- THE PSP LEVEL. —=