HomeMy WebLinkAboutItem #04b Second Reading - Rezoning Ordinance for Lakewood Estates
AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Meeting Date: February 21,2006
Item # ~ b
~~ Re0ewedBy
Catherine Arm "trU; '1/" Department Director:
905-3100 X1020 City Manager:
UJ~
Subject: Second reading of a Rezoning Ordinance for lakewood Estates to change the zoning designation
of the property from Orange County "Citrus Rural" to Ocoee PUD together with the accompanying PUD land
Use Plan, Development Agreement and Preliminary Subdivision Plan
Background Summary:
lakewood Estates, a Homes in Partnership, Inc. development is an affordable housing community
developed in cooperation with Orange County. It is proposed to be developed with fifty-four (54) residential
single-family lots with varying sizes, the typical being sixty (60) feet in width and 120 feet in length. Because
the zoning being requested is PUD, specific standards have been requested for the development of the lots
that are unique to the property. The lot sizes are similar in size to R-1 (minimum lot size of 7,000 square
feet), however the widths vary and in some cases are less than the required minimum lot width of 70 feet in
the R-1 zoning district. An Ordinance to rezone the property to PUD based upon the approved land Use
Plan is to be considered by the City Commission simultaneously with the Annexation, Preliminary
Subdivision Plan and Development Agreement.
Issue:
Should the Honorable Mayor and City Commission approve a Rezoning Ordinance for lakewood Estates to
change the zoning designation of the property from Orange County "Citrus Rural" to PUD together with the
accompanying PUD land Use Plan, Development Agreement and Preliminary Subdivision Plan?
Recommendations:
Staff respectfully recommends that the Mayor and City Commissioners approve a Rezoning Ordinance for
lakewood Estates to amend the zoning designation of the property from Orange County "Citrus Rural" to
PUD with the accompanying PUD land Use Plan, Development Agreement and Preliminary Subdivision
Plan.
Attachments:
Rezoning Ordinance and PUD/land Use Plan; Development Agreement and Preliminary Subdivision Plan,
date stamped received by the City on December 20, 2005
Financial Impact:
Unknown
Type of Item:
t8J Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's DeDf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
IZI Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
IZI N/A
D N/A
Citv Manager
Robert Frank
Commissioners
Dannv Howell. District 1
Scott Anderson. District 2
Rustv Johnson. District 3
Nancv J. Parker. District 4
Mavor
S. Scott Vandergrift
STAFF REPORT
TO:
FROM:
Catherine Armstrong, Planning Mana
THROUGH: Russ Wagner, AICP, Community Development Director ~
DATE:
February 8, 2006
RE:
Lakewood Estates: Second Reading of a Rezoning Ordinance for Lakewood Estates to
change the zoning designation of the property from Orange County "Citrus Rural" to Ocoee
PUD together with the accompanying PUD/Land Use Plan, Development Agreement and
Preliminary Subdivision Plan
ISSUE:
Should the Honorable Mayor and City Commissioners approve a Rezoning Ordinance for Lakewood
Estates to amend the zoning designation of the property from Orange County "Citrus Rural" to PUD
together with the accompanying PUD/Land Use Plan, Development Agreement and Preliminary
Subdivision Plan?
BACKGROUND/DISCUSSION:
The subject property is located on the west side of Lakewood Avenue at the intersection of Wurst
Avenue. The subject property comprises of 15.8 acres and is currently located within Orange County,
however the petition to annex into the City of Ocoee is being processed simultaneously with the PUD
Land Use Plan (Rezoning) and Preliminary Subdivision Plan. The Future Land Use Map designates the
property as Low Density Residential.
The site currently contains a single-family residence and several sheds with scattered trees throughout
the property. To the north, south, west and east of the subject property are agricultural properties
located within Orange County. The property has been determined to be annexable because the
northwest corner of the property touches the southeast corner of the "Chevron Property." That property
is vacant, zoned R1-AA and designated on the Future Land Use Map as Low Density Residential.
Lakewood Estates, a Homes in Partnership, Inc. development is an affordable housing community
developed in cooperation with Orange County. It is proposed to be developed with fifty-four (54)
residential single-family lots with varying sizes, the typical being sixty (60) feet in width and 120 feet in
length. Because the zoning being requested is PUD, specific standards have been requested for the
development of the lots that are unique to the property. The lot sizes are similar in size to R-1 (minimum
lot size of 7,000 square feet), however the widths vary and in some cases are less than the required
minimum lot width of 70 feet in the R-1 zoning district.
Because Wurst Road is planned to be extended westward from the subject property to ultimately
connect with Ocoee-Apopka Road, this will be a collector roadway. The developer proposes a
temporary cul-de-sac at the western edge of the property, which will be removed when the road is
extended. Therefore, additional setbacks have been put in place to allow for extra off-street parking on
lots 1-20 and 50-54, which front onto Wurst Road. Therefore, lots 1-5 have a front setback of 60-feet;
lots 6-10 have a 50-foot setback; lots 11 and 12 have a 40-foot setback; and lots 13-54 have a 30-foot
setback. Additional setbacks are as follows: side setback at 7.5 feet; rear setback at 25 feet; side street
setback at 15 feet. The minimum living area proposed by the developer is 1,300 square feet.
Water and sewer will be provided by the City of Ocoee, with a lift station on-site. The developer is
dedicating 10 feet of right-of-way along Lakewood Avenue for future road improvements. When the
subdivision is completed, the intersection of Lakewood Avenue and Wurst Road will be improved to a 4-
way stop. Future considerations of this intersection include possible signalization and turn lane
improvements. The developer is installing an eastbound left turn lane consisting of 220 feet for
deceleration and storage from Wurst Avenue at its intersection with Lakewood Avenue. Six-foot
sidewalks are proposed along the property frontage on Lakewood Avenue and on Wurst Road and on
"Road A." To allow for screening of the rear of lots, a 6-foot tall PV fence is proposed on the north side
of Wurst Road, along lots 38-49. On-site water retention is proposed via a master stormwater pond.
Recreation is provided via a 270 square foot gazebo with picnic tables located in Tract C.
The applicant is requesting waivers as follows:
Article 5, Section 5-4G: "On any corner lot, the applicable front yard setback shall apply to both street
frontages."
The applicant is requesting that the standard 25-foot side street setback be reduced to 15-feet to allow
for the southern "Road A" connection and to provide for a 40-foot building envelope. Additionally, this
will allow for dedication of the 10-foot of right-of-way to the City at lots 46, 38 and 37.
A development agreement is accompanying the PUD Land Use Plan for approval and execution by the
City Commission. The agreement allows for road impact fee credits to be issued to the applicant in the
amount of $214,304.40 for the Wurst Road extension and turn lane improvements on Wurst Road.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on December 19, 2005 and reviewed the PUD Land
Use Plan and the Preliminary Subdivision Plan. Staff discussed with the applicant two outstanding
issues. The first, from the City Attorney was regarding adding a Condition of Approval to Sheet C2 as
follows: "All stormwater from Wurst Road and any other internal public roads will drain into Tract A at
not cost to the City of Ocoee. An easement to that effect will be provided on the plat." The second, from
the Engineering Department, was regarding a jumper from potable water to reclaimed water will be
needed and this was determined that it could be shown on the plans during the Final Subdivision Plan
process.
The DRC voted unanimously to recommend approval of the PUD Land Use Plan, subject to the City
Commission approval of the Development Agreement. Additionally, the DRC voted unanimously to
recommend approval of the Preliminary Subdivision Plan, subject to the waiver and with additional
conditions regarding an additional COA being added to Sheet C2 and the developer amending the plans
during the Final Subdivision Plan process to indicate a jumper from potable water to reclaimed water.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission met on January 10, 2006, and reviewed the PUD Land Use Plan
with draft Development Agreement and the Preliminary Subdivision Plan. Staff presented both items
and discussion ensued from the public regarding many items. Key items are listed below:
Eagle located on the Chevron Property, adjacent to the subject property. Residents were
concerned about development impacts on the eagle and its safety. Staff discussed that at the
Final Subdivision Plan process, the applicant would be required to provide a letter from the Florida
Fish and Wildlife Conservation Commission (FFWCC) regarding impact and location of eagle.
Property owner to the north of the subject property discussed the impacts of a housing
development on his agricultural property, which contains a grandfathered trucking business. He
asked consideration of the Planning and Zoning Commission to require a wall along the northern
property boundary. The commission discussed the merits of adding a wall and determined that
additional fencing or berm with landscaping to be necessary along the rear of the lots facing the
northern property for noise reduction.
Property owner to the south of the subject property discussed the impacts of a housing
development on her agricultural property which contains a single-family dwelling and horses. She
stated that she was concerned for the safety of her horses and felt that additional development in
the area may increase flooding issues that she has on her property. The commission discussed
the possibility of reviewing drainage issues for the subject property regarding the 25-year storm
event and the possibility of increasing the amount of run-off that is held on-site.
The commission discussed with the applicant the need to increase the front yard setbacks of all
lots that front onto Wurst Road to allow for off-street parking. Wurst Road will not be permitted for
on-street parking.
The commission discussed additional landscaping on the side yard of the lots that were impacted
by "Road A." These lots are lot 21, 49, 12 and 13.
The Planning and Zoning Commission voted unanimously to recommend approval of the rezoning of the
Lakewood Estates property from Orange County "Citrus Rural" to PUD, including approval of the Land
Use Plan, as date stamped received by the City on December 20, 2005, subject to the City Commission
approval of the Development Agreement and further subject to the waiver and the following additional
conditions:
1) Add a COA to Sheet C2 as follows - All stormwater from Wurst Road and any other internal public
roads will drain into Tract A at not cost to the City of Ocoee. An easement to that effect will be
provided on the plat.
2) Developer to add to the Final Subdivision Plan, when submitted, a jumper from potable water to
reclaimed water.
3) Staff to re-evaluate the proposed retention pond to a higher capacity of a 1 OO-year level.
4) Developer to increase the minimum front yard setback to at least 35 feet for lots 13-20 and 50-54.
5) Developer to provide additional landscaping for corner lots with the side-yard setback of 15 feet.
6) Developer to place a wall, fence or additional landscaping or other form of sound barrier along the
northern boundary of the property, for purposes of reducing noise attenuation from the neighbors
from the north.
7) Developer to determine whether a permit is or is not required from the appropriate governmental
agency as it relates to the eagle and its nest.
- And -
The Planning and Zoning Commission voted unanimously to recommend approval of the Preliminary
Subdivision Plan for Lakewood Estates, as date stamped received by the City on December 20, 2005,
subject to the City Commission approval of the waiver and the same conditions identified for the
PUD/Land Use Plan.
STAFF RECOMMENDATION:
Based on DRC and the Planning and Zoning Commission recommendations, Staff respectfully
recommends that the Honorable Mayor and City Commissioners approve the rezoning of the Lakewood
Estates property from Orange County "Citrus Rural" to PUD, including approval of the Land Use Plan, as
date stamped received by the City on December 20, 2005, subject to the City Commission approval of
the Development Agreement and further subject to the waiver and the additional conditions specified by
the Planning and Zoning Commission as listed above.
- And -
Based on DRC and the Planning and Zoning Commission recommendations, Staff recommends that the
Honorable Mayor and City Commissioners also approve the Preliminary Subdivision Plan for Lakewood
Estates, as date stamped received by the City on December 20, 2005, subject to the City Commission
approval of the waivers and the same conditions identified for the PUD/Land Use Plan.
Attachments:
Development Agreement
Rezoning Ordinance
PUD/Land Use Plan and Preliminary Subdivision Plan, date stamp received on December 20, 2005
ORDINANCE NO.
(pUD Zoning Ordinance for Lakewood Estates PUD)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT
DEVELOPMENT DISTRICT, FOR CERTAIN REAL
PROPERTY COMPRISING APPROXIMATELY 15.80
ACRES LOCATED WEST OF THE INTERSECTION OF
CLARCONA-OCOEE ROAD (NORTH LAKEWOOD
AVENUE) AND WURST ROAD, PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to zone said
real property to Ocoee "PUD," Planned Unit Development District (the "Zoning");
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said
application and determined that the Zoning requested by the Owner is consistent with the 1991 City
ofOcoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended (the "Ocoee Comprehensive Plan");
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement which has been amended from time to time (the "JPA
Agreement");
WHEREAS, the JP A Agreement affects the future land use of the real property
hereinafter described;
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the
City has the authority to establish zoning for the real property hereinafter described and to
immediately exercise municipal jurisdiction over said real property for the purposes of Part II of
Chapter 163, Florida Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement
and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A
Agreement and is in the best interest of the City and has recommended to the Ocoee City
Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan
and the JP A Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
-2-
SECTION 2.
Zonin2. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 15.80 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee "PUD,"
Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4.
Land Use Plan. The following Land Use Plan for the Property is
hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land
Development Code set forth thereon:
That certain Land Use Plan for Lakewood Estates PUD prepared
by Kirby Engineering, L.L.C., date stamped received by the City on
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 5.
Official Zonin2 Map. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article
V of Chapter 180 of the Ocoee City Code.
-3-
SECTION 6.
Ocoee Comprehensive Plan and JP A Consistency. The Ocoee
City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive
Plan and the lP A Agreement.
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8.
Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION 9.
Effective Date. This Ordinance shall become effective upon
-4-
PASSED AND ADOPTED this _ day of
,2006.
ATTEST:
Beth Eikeneberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 2006.
FOLEY & LARDNER LLP
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,2006
READ FIRST TIME ,2006
READ SECOND TIME AND ADOPTED
, 2006
UNDER AGENDA ITEM NO.
-5-
SKETCH OF DESCRIPTION
LAKE~OOD ESTATES
ORANGE COUNTY J FLORIDA
EXHIBIT" A"
LAKBWOD ESTATES
LEGAL DBSCBIPTION:
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MAPPING
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ongwood, Florida 32750
Phone: 407-786-9456
Fax: 407-786-0659
Email: PLS5792@aol.com
Unless It Ioeo.rs the slgno. ture o.ncl the orlglngo.l
ro.lsecl seo.l of 0. Florlao. lIcensecl Surveyor o.ncl
Mo.pper this c1ro.wlng, sketch, plo.t or /'lOop Is for
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Lino T. Sanft, Date
Professional Land Surveyor &: Mapper.
Florida Registration 1/5792
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EXHIBIT" A"
LAKEWOOD ESTATES
LEGAL DESCRIPTION:
The North % of the NE Y4 OF THE SE Y4, Section 7, Twp. 22S., Range 28 E, LESS: the
following described parcel: Begin at the SW corner of the N3/4 of the NE Y4 of the SE Y4
of Section 7, Township 22S., Range 28E., run thence N.Oo 35'10"E. along the west line
of said NE Y4 of the SE Y4 a distance of 560.0 feet, thence S 88047'28"E, 665.96 feet,
thence S.oo04'43"W, 10.76 feet, thence S 89055'17"E, 647.87 feet to the east line of said
NE Y4 of the SE Y4, thence S.oo04'00"W, 490.04 feet to the SE corner of the N % of the
NE Y4 of the SE Y4 of said Section 7, thence S 88005'42"W, 1319.53 feet to the point of
beginning.
Subject to: Right of way over the East 30.0 feet thereof.
Being more particularly described as follows:
Commence at the Southwest corner of the North % of the Northeast Y4 of the Southeast Y4
of Section 7, Township 22 South, Range 28 East; Thence run N.Oo 35'10"E. along the
West line of said Northeast Y4 of the Southeast Y4 a distance of 560.00 feet to the Point of
Beginning; Thence S 88047'28"E, 665.96 feet, thence S.oo04'43"W, 10.76 feet, thence S
89055'17"E, 617.87 feet to the West Right-of-way line of Lakewood Avenue / Clarcona-
Ocoee Road; thence N.00004'OO"E. along said West Right-of-way line for a distance of
582.27 feet to the North line of the North % of the Northeast Y4 of the Southeast Y4 of said
Section 7; Thence S.86049'48"W. along said North line for a distance of 1281.34 feet to
the aforementioned West line of said Northeast Y4 of the Southeast Y4 of said Section 7;
Thence S.00035'1O"W. along said West line for a distance of 485.79 feet to the Point of
Beginning.
Containing 15.796 Acres, more or less.
EXHIBIT "B"
lakewood Estates PUD land Use Plan/PSP
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EXHIBIT "C"
[Insert Land Use Plan]
-8-
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Edward A. Storey III, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
For Recording Purposes Only
Beth Eikenbeny, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
DEVELOPMENT AGREEMENT
(Lakewood Estates)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the _ day of ,2006 by and between HOMES IN PARTNERSHIP, INC.,
a Florida nonprofit corporation, whose mailing address is 235 East 5th Street, Apopka, Florida
32703 (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").
W!TNE~~E T H:
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 ,2006 the Ocoee
City Commission approved Ordinance No. rezoning the Property as "PUD" under
the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, the Owner is a nonprofit corporation whose purpose is to assist low and
moderate income persons in obtaining decent affordable housing and to acquire, improve and
develop real property for such purpose; and
ORLA_377448.1
WHEREAS, the Owner intends to develop the Property as an affordable housing project;
and
WHEREAS, the Owner intends to market and sell the homes constructed on the Property
to low and moderate income persons; and
WHEREAS, the Owner determines which persons qualify for affordable housing
assistance based upon certain criteria developed by the Owner; and
WHEREAS, the City desires to promote and facilitate the development of affordable
housing projects similar to the project proposed for this Property; 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.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2.
Development of the Property.
A. The Owner hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan for Lakewood Estates prepared by Kirby Engineering, L.C.C., date
stamped as received by the City on December 20,2005 (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 and final subdivision 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.
Section 3.
Ocoee Ordinance No.
Waivers from the Ocoee Land Development Code. Pursuant to City of
Owner has been granted waivers from the requirements of
ORLA_377448.1
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the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto
and by this reference made a part hereof.
Section 4. Conveyance of Rie:ht-of-Wav ProDertv. Within thirty (30) days
following receipt of written notice from the City requesting the same, but in no event later than
the time of platting for the Property, the Owner shall dedicate and convey to the City a 10 foot
(10') wide strip ofland within the Property lying adjacent and contiguous to, and along the entire
length of the Property's frontage of the existing right-of-way for North Lakewood Avenue -
Clarcona Ocoee Road, all as more particularly depicted on the Land Use Plan (the "Right-of-Way
Property"). The Right-of-Way Property shall be dedicated and conveyed by the Owner to the
City by warranty deed free and clear of all liens and encumbrances except for those matters
acceptable to the City. The form of the warranty deed shall be subject to the approval ofthe City.
Within thirty (30) days following receipt of written notice from the City requesting the Right-of-
Way Property, the Owner shall provide the City a legal description and sketch of description of
the Right-of-Way Property prepared by a registered land surveyor which has been certified to the
City. In the event the Owner fails to provide the City with a legal description and sketch of
description within the time frame set forth above, the City may have the legal description and
sketch of description prepared at the expense of Owner. In the event the Right-of-Way Property
is conveyed at the time of platting, the Right-of-Way Property shall be conveyed by its tract
designation. The Owner shall, contemporaneously with the dedication and conveyance of the
Right-of-Way Property to the City, provide to the City, a current attorney's opinion oftitle, or a
current title commitment, to be followed by a policy of title insurance, evidencing that fee simple
title to the Right-of-Way Property is free and clear of all liens and encumbrances except for those
matters acceptable to the City. The costs and expenses related to the conveyance and dedication
of the Right-of-Way Property including the cost oftitle work, shall be borne solely by the Owner.
Real property taxes on the Right-of-Way Property shall be prorated as of the day the City's
acceptance of the dedication and conveyance of the same, and the prorated amount of such real
property taxes attributable to the Owner shall be paid and escrowed by the Owner in accordance
with the provisions of Section 196.295, Florida Statutes. Neither the Owner nor any other person
or entity shall be entitled to any road impact fee credits or other compensation of any kind for, on
account of, or with respect to the required dedication and conveyance of the Right-of-Way
Property to the City. Notwithstanding the subsequent conveyance of the Right-of-Way Property
to the City, the Owner shall be solely responsible for maintaining the Right-of-Way Property
until such time as improvements are made to North Lakewood Avenue - Clarcona Ocoee Road
within the Right-of-Way Property in accordance with the final subdivision plan for the Property
and such improvements are accepted by the City.
Section 5.
Wurst Road Extension.
A. Subject to the terms and conditions of this Agreement, the Owner shall, at
the Owner's sole cost and expense, design, engineer, permit and construct the following roadway
improvements:
(i) an extension of Wurst Road from North Lakewood Avenue to the western boundary of
the Property (the "Wurst Road Extension"); and
ORLA_377448.1
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(ii) an eastbound left turn lane from the Wurst Road Extension onto North Lakewood
Avenue (the "Turn Lane Improvements");
(collectively, the Wurst Road Extension and Turn Lane Improvements are referred to herein as
the "Roadway Improvements"). The Roadway Improvements shall be designed, engineered,
permitted and constructed in accordance with the approved final subdivision plan for the
Property .
Section 6. Temporary Cui de Sac. The Owner shall, at its sole cost and expense,
construct a Temporary CuI de Sac located at the western end of the Wurst Road Extension, as
more particularly depicted on the Land Use Plan. A portion of the Temporary CuI de Sac shall be
located within Lot 54 and Tract C of the Property. In the event Wurst Road is extended to the
west, that portion of the Temporary CuI de Sac located within Lot 54 and Tract C may be
abandoned in place by the City. Any cost or expense associated with the removal of the
abandoned Temporary CuI de Sac, or any portion thereof, shall be the sole responsibility of the
Owner. The Owner understands and agrees that the Owner shall not be allowed to develop Lot 54
until such time as Wurst Road is extended to the west and the abandoned Temporary CuI de Sac
is removed. Notwithstanding the foregoing, the City does not represent or warrant that Wurst
Road will be extended to the west. Furthermore, this Section shall not be construed as on
obligation on behalf of the City to extend Wurst Road to the west.
Section 7. Road Impact Fee Credits. In consideration of the Owner's performance
of its obligations pursuant to Sections 5 and 6 above, its commitment to develop the Property as
an affordable housing project, and its status as a nonprofit corporation, the Owner shall be
entitled to Road Impact Fee Credits in the amount of $214,304.40 upon completion of the Wurst
Road Extension and the Turn Lane Improvements and acceptance thereof by the City, provided,
however, that such Road Impact Fee Credits may only be used in connection with the
development of the Property, and for no other purpose. The Owner shall not be entitled to any
refund of the Road Impact Fee Credits in the event the costs of construction of the Roadway
Improvements are less than the amount of Road Impact Fee Credits granted herein.
Notwithstanding anything to the contrary, no Road Impact Fee Credits are being granted to the
Owner with respect to the value of the underlying land on which the Wurst Road Extension is to
be constructed.
Section 8. Affordable Housin!!:. The Owner agrees to develop, market and sell the
Property as an affordable housing project, as set forth in the recitals above. The Owner shall not
develop, market or sell the Property for any other purpose without receiving prior written consent
from the City, such consent to be granted at the sole discretion of the City.
Section 9. City Requirements. Upon completion of the Roadway Improvements
and prior to acceptance by the City, the following shall occur:
A. The Owner shall deliver to the City "as built" drawings of the Wurst Road
Extension.
ORLA_377448.1
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B. The Owner shall deliver to the City a bond guaranteeing the maintenance
and the materials, workmanship and structural integrity of the Roadway Improvements for a two-
year period, such bond to comply with all applicable provisions of the Ocoee City Code and to be
in a form reasonably acceptable to the City.
C. The Owner shall execute and deliver to the City such other documents,
including Bills of Sale, as are typically required by the City in connection with the dedication and
acceptance of a public roadway.
Section 10. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered
to the other party at the address appearing on the first page of this Agreement, or (ii) when
deposited in the United States Mail, postage prepaid, certified mail, return receipt requested,
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.
Section 11. Covenant Runnim!: 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 12. Recordation of A2reement. 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 Comity, Florida. The City will, from time to time upon request of the Owner,
execute and deliver letters affirming the status of this Agreement.
Section 13. 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 14. 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 15. A2reement: 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.
Section 16. 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 17. 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.
ORLA_377448.1
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Section 18. Attornevs' 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 19. Counterparts. This Agreement 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 20. 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.
Section 21. 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 22. Effective Date. The Effective Date of this Agreement shall be the day
and year first above written.
rSie:nature Pae:es to Followl
ORLA_377448.1
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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
presence of
OWNER:
HOMES IN PARTNERSHIP, INC.,
a Florida nonprofit corporation
Print Name
By:
Name:
Its:
Print Name
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
, as of HOMES IN PARTNERSHIP,
INC., a Florida nonprofit corporation who LJ is personally known to me or LJ produced
as identification, and that he/she 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 , 2006.
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):
ORLA_377448.1
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CITY:
Signed, sealed and delivered in the presence of:
CITY OF OCOEE, FLORIDA
By:
Print Name:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
day of , 2006.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
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 , 2006.
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):
ORLA_377448.1
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EXHIBIT "A"
The Property
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.~-mw !!t::...;;..;.:::~';"E!:~.:.:::;-:. I :----
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ORLA_377448.1
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EXHIBIT "B"
Conditions of Approval
1. The project will be developed in 1 phase.
2. The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes,
Chapter 163, concerning moratoria on the issuance of building permits under certain
circumstances. The City has no lawful authority to exempt any private entity or itself from the
application of such state legislation and nothing herein shall be construed as such an exemption.
3. Nothing herein shall be construed to waive any provision of the Ocoee Land Development
Code except to the extent expressly set forth on a waiver table or explicitly set out on the plan.
4. Except as specifically noted on this plan, development of this property shall be consistent with
the requirements of the City of Ocoee Code.
5. 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.
6. 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.
7. In order to insure that as many existing trees as possible will be preserved, all road right-of-
ways and retention areas will be flagged for review by the City 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.
8. Existing trees 8" or larger (other than citrus trees or 'trash' trees) located along proposed
locations of buffer walls or road right-of-way lines will be preserved if at all possible, the buffer
walls and roads will be designed around those trees to incorporate them into required landscape
buffers and as street trees.
9. 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.
10. The final grading plan will preserve existing grades on individual lots containing protected
trees as much as possible.
11. Water and sewer service will be provided by the City ofOcoee. At the time of platting,
easements will be placed over service lines and dedicated to the City of Ocoee.
12. Reclaimed water will be used for irrigation purposes, if available. A master irrigation system
will be installed to service all common areas and residential lots. This master system will be
owned and maintained by the property owners association.
13. Stormwater management shall be provided consistent with the requirements of the Ocoee
Land Development Code and the St. Johns River Water Management District.
14. The stormwater system, including all pipes, inlets, manholes and structures, together with
Tract A (retention pond), will be owned, operated and maintained by the property owners
association.
ORLA_377448.1
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15. All stormwater management ponds will be unfenced with maximum 5:1 side slopes into the
pond.
16. All building setbacks from all retention areas shall be 15 feet from top of bank.
17. 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 sized to meet City
requirements.
18. Unless otherwise noted, a 5' utility and drainage easement will be platted along all side lot
lines and 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.
19. All utilities to be placed within the 10' easement along the front of each lot will be placed
around existing protected trees to be preserved.
20. All cross access, utility and drainage easements shall be provided prior to or at the time of
platting.
21. Unless otherwise indicated, all drainage, utility and maintenance easements shall be for the
benefit of the property owners association. The land burdened by such easements shall be owned
by the individual lot owners.
22. 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.
23. All common area improvements, including entry features, walls, landscaping and sidewalks
along all roads, as well as landscaping around the retention pond tracts shall be completed prior
to issuance of the certificate of completion for those corresponding phases.
24. Street lights, security lights and lighting for common areas meeting current code
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 6-8(D) ofthe Ocoee Land Development Code.
25. All utilities including electrical, cable, and telephone and including on-site existing overhead
wires shall be placed underground.
26. All underground utilities shall comply with Section 6-8(C) of the Ocoee 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 abuts the street right-of-way line.
27. The developer shall construct appropriate curb cuts to enable the construction oframps at all
applicable right-of-way intersections (and other areas as reasonably required) in order to provide
physically challenged persons access to sidewalks and streets. Sidewalks abutting each platted
lot shall be constructed at the time of development of the unit. When sidewalks are constructed
on comer 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.
28. 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.
ORLA_377448.1
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29. Any damage caused to any public right-of-way 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.
30. There shall be no access from the property to any public road except at the approved
locations shown on the approved final subdivision plan.
31. Parking for individual lots shall be provided in accordance with the City of Ocoee land
development code.
32. Final street naming will be coordinated through the City Building Department at the time of
final plat submittal.
33. 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.
34. Pursuant to Section 4-4(G)(7) of the Ocoee Land Development Code, all subdivision signage
must be consistent with the legally assigned name of the subdivision. Any subsequent change to
the name ofthe subdivision must be approved by the City Commission.
35. All building pad elevations shall exceed the 1 DO-year flood elevation by a minimum of 18
inches.
36. A property owners association will be created for ownership and maintenance of all common
areas and facilities, unless otherwise noted.
37. A property owners association shall be responsible for the maintenance of all landscape areas.
Landscape areas shall be kept in a neat, healthy and orderly appearance free of refuse and debris.
38. All tracts that are to be owned and maintained by the property owners association shall be
conveyed to the property owners association by warranty deed at the time of platting.
39. All declaration of covenants and restrictions affecting the property shall include the following
proViSIOns:
A. Notwithstanding the conveyance of the storm water retention ponds to the property owners
association, or any provision to the contrary contained in these conditions of approval, the
developer shall remain responsible for the maintenance of the project's stormwater management
system (SWMS), including all stormwater retention ponds, until such time as (i) the entire
SWMS for the project is constructed and appropriate certificates of completion issued by both
the City and St. Johns River Water Management District (SJRWMD), (ii) the stormwater
retention ponds intended to be conveyed to the homeowners association have in fact been
conveyed to the property owners association, (iii) the property owners association is designated
as the maintenance entity on the records of the SJR WMD and all transfer records required by
SJRWMD have been executed and accepted by SJRWMD, (iv) the City has been provided with a
copy of the developer's proposed maintenance plan with respect to the SWMS, and (v) the City
has been provided with a written statement from the property owners association acknowledging
receipt of the developer's proposed maintenance plan with respect to the SWMS and that the
property owners association is responsible for maintenance of the SWMS.
B. Provision allowing the City ofOcoee the opportunity to levy, collect and enforce assessments
for maintenance of the common areas should the property owners association fail to do so or
should the property owners association fail to collect assessments at a level allowing for adequate
maintenance of the common areas.
C. Provision granting the City of Ocoee the right, but not the obligation, to repair and maintain
the stormwater system should the property owners association fail to do so and seek
ORLA_377448.1
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reimbursement from the property owners association, or from the developer if (i) turnover of
control of the members has not occurred, or (ii) if the developer is still responsible for the
maintenance of the stormwater system.
D. 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 property
owners association.
E. Provision that the homeowners association shall at all times be in good standing with the
Florida Secretary of State.
F. Provision that at the time of turnover of control of the property owners 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 property owners
association for the estimated costs of such corrective action.
G. Provision that no property owned by the City of Ocoee or any other governmental entity shall
be subject to assessments levied by the property owners association.
H. Provision that any amendment to any provision affecting the City requires the consent of the
City in an instrument recorded with the amendment.
1. Provision prohibiting on-street parking for Wurst Road.
The articles of incorporation and bylaws of the property owners association shall be consistent
with the forgoing provisions.
40. All legal instruments including but not limited to the declaration of easements, covenants and
restrictions, association documents and deeds conveying property to a homeowners association or
property owners association shall be approved by the City prior to plat approval and shall comply
with all ordinances of the City in effect at the time of recording of any such instrument.
41. All landscape areas will be irrigated and have an automatic rain sensor.
42. The developer shall comply with Section 6-9 of the Ocoee Land Development Code
regarding community meeting rooms requirements for residential subdivisions.
43. Except as specifically noted on this plan, all interior subdivision roads will be dedicated to
the public.
44. 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 hedge-type shrubbery, such as viburnum or ligustrum.
45. Each residential lot shall have the minimum of three (3) trees per lot, and one street tree with
a minimum size of 10ft. In height and 2 inch diameter at breast height (DBH).
46. The entire Property is subject to the terms and conditions of that certain Annexation and
Development Agreement dated recorded in Official Records Book
, Page , Public Records of Orange County, Florida.
47. Access rights to Lakewood Avenue from Lots 1,37, and 38 are dedicated to the City of
Ocoee.
ORLA_377448.1
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48. Access rights to Wurst Road from Lots 38 thru 49, inclusive, are dedicated to the City of
Ocoee.
49. Future Conditions - Wurst RoadlLakewood Avenue Intersection Will Become a 4-Way Stop.
Final Construction Plans to Reflect This Condtition.
ORLA_377448.1
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EXHIBIT "e"
WAIVERS
CODE SECTION CODE STANDARD PROPOSED JUSTIFICATION
STANDARD
SECTION 5-4G ON ANY CORNER LOT. ApPLICANT IS To ALLOW FOR
THE APPLICABLE REQUESTING THE SOUTHERN "ROAD A"
FRONT YARD STANDARD 25-FOOT CONNECTION AND TO
SETBACK SHALL SIDE STREET PROVIDE FOR A 40-
APPLY TO BOTH SETBACK BE FOOT BUILDING
STREET FRONT AGES. REDUCTED TO 15- ENVELOPE.
FEET.
SECTION 5-4G ON ANY CORNER LOT. ApPLICANT IS To ALLOW FOR
THE APPLICABLE REQUESTING THE DEDICATION OF 10-
FRONT YARD STANDARD 25-FOOT FOOT OF RIGHT-OF-
SETBACK SHALL SIDE STREET WAY TO THE CITY
APPLY TO BOTH SETBACK BE ALONG LAKEWOOD
STREET FRONT AGES. REDUCED TO 15- A VENUE AND TO
FEET. PROVIDE FOR A 40-
FOOT BUILDING
ENVELOPE.
ORLA_377448.1
-15-
ol., dl
Copy of Public Hearing Advertisement
Date Published
c
G4 Orlando Sentinel
I
THURS~AY, FEBRUARY 9, 2~
'.,-
Advertisement
em OF OCOEE
NOTICE OF PllBUC
HEARING
fOR IAIEWOtlD ESTATES
APPLICANT: HOMES IN PARTNERSHII'
ANNEllAnolt INmAL ZONING.
PIBIMINAIlY SUBDMSION PlAN &
PtANNBlIINIT OEV8.0PMENT
(PUBI LAND USE PlAN
CASE NUMBERS: AX OH1.23
&1.S-2005.oo2
NOllCE IS HEREBY GIVEN. pursuant to Subsections HO. 5-9, 4-
4.G.. and 4-5.0. & E. of the City of Ocoee Land Development
Code ttKrt on TUESDAY, FEBRUARY 21, 2006 AT 7:15 P.M. or as
[soon thereafter as practical, the CITY COMMISSION will
hold a PUBUC HEARING at the City of Ocoee Commission
Chambers located at 156 North I.akeshore Drive, Ocoee,
Florida, to consider the following proposed ordinances:
ORDINANCE NO. 2006-XX
TAX PAR&B.lD
, 07.22.28-OOOO-GO-051
CASE NO. AX 05-01-23:
I.AKEWlIIID mATES ANNEXA110N
AN OIlDINANCE OF THE CITY OF OCOEE. flORIDA. ANNEXING INTO
TIlE CORPORATE UIIITS Of THE em Of OCOEE. FlOllDA. CERTAIN
REA\. PliOPERTY CONTAINING APPROXIMATRY 15.88 ACRES lOCATED
WEST llf THE INTERSECnDN OF ClARCONA,-lICOEE ROAD (NORTH
LAKEWlIf!D AVBCUEl AND WURST IlOAIl PIlBSUANT T1I THE APPUCA-
110N SIlBMItTED BY 11IE PROPERlY lIWNEII; FINDING SAID ANNEX-
ATHItI11'O BE CONSISTEffT.WI1II THE 1ICOEECOMPREHENSIVE PlAN,
TIlt OClJEE em CDIIf. MIl TIlE JOINTPLANNlIlG AREA~;
PIlOVIDING fOIl AND AlJ'IIIOIIIZIt6 THE UPDATING OF 0fHCIAL em
MAPS; PROVIDING DlRECnDN T1I THE CITY CLERIl: PROVIDING FOR
SEVERMIUTY; REPEALING INCDNSISTENT ORDINANCES: PROVIDING
fOR AN EFFm\VE DATE. '
lIRIIINANCE NO. 2006-XX
CASE NO.I.S-2005-002:
PUB ZONING ORDINANCf FOR
lAIlEWOOD ESTATES PUD
AN ORDINANCE OF THE CITY OF OeOEE. flORIDA ESTABUSHING
OCOEE "PIIQ" ZDNING. PLANNED UNIT DEVElOPMENT DISTRICT, fOR
CERTAlNIIEA1. PROPERlY CDMPRISING APPROXlMATRY lS.88 ACRES
LOCAJED WEST OF THE INTERSEtnON OF Cl.ARCONA-OCOEE ROAD
(NOR1IIlAKEWOOD AVENUEI AND WURST RDAD, PURSUANT T1I THE
APPI.ItA11ON SUBMITTED BY THE PROPERlY lIWNEII; RJIDlNG SUCH
ZONING T1I BE CONSISTENT WITH THE OCOEE CDMPIIEIIBfSIVE PLAIt
THE OeOEE CITY CODE. AND THE JOINT PLANNING AREA AGREEMENT;
PROVI\)ING FOR AND AUTHORIZING TIlE REVISION OF THE OfFICIAl.
em ~ONING MAP: REPEAIJNG INCONStSTENT ORDINANCES: PROVID-,
ING AN EFFECTIVE DATE. . I
This propased ~-Iot res!dential subdivision project is local- i
ed Wl!st of the mtersectlon of Wurs! Road and North Lake-
wood AvenuelClarcona-Ocoee Road. The parcel has an Or-
ange County Property Appraiser Parcel Identification
Number of 07-22-28-?0oo-oo-o51.
If the applicant's request is approved, the annexalion would
mcorJl'rcrte the property into the City of Ocoee, change the
10:;1, 9 iu City of Ocoee 'Planned Unit Development
I (PUDl'. and approve the Preliminary Site Plan & Land
Ulf. Plan lor the PUD.
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I t..akowood Es18_ '
i loeallon Map ;
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Interested parties may appear at the public hearing and be
heard with respect to the propased actioflS above.
Pursuant 10 Subsection 5-9 B. of the Land Development!
Code. the Planning Director has determined that the reo!
quested annexation is within Ihe Ocoee-Orange County Joint
Planning Area (JPA), and is consistent with the Ocoee-Or.
i ange County JP A Land Use Map and the Ocoee Comprehen-
I sive Plan.
The complete case f1le, including a complete legal descrilh
tion by metes and bounds, may be inspected cl the Ocoee
Community Development Department/Planning Division lo-
cated at 156 North Lakeshore Drive, Ocoee, Florida be-
~ the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, except legal holidays.
City Commission may continue the publiC hearings to other
dates and limes, as il deems necessary. Any inlerested par:
ty shall be advised of the dales,- times, and places of any
continualion of these or continued publiC hearings shall be
announced during the hearing and no further notices re-
garding these mailers. will be published. '
You are advised thai any person who desires to appeal any
decision made at the publiC hearings will need a record of
the proceedings and for this purpose may need to ensure
thai a verbatim record of the proceedings is made which in-
cludes the testimony and evidence upon which the appeal is
based. .
Persons with disabilities needing assistance to participate
in ony of these proceedings should contoct the City Clerk's
Qffice,48 hours in advance of the meeting at 407-905-3105.
\. Beth Eikenberry,
City Clerk
- QI.S6589611S
"
FER 9.2006