HomeMy WebLinkAboutItem #11b 1st Reading of Rezoning Ord. for Lakewood Estates
AGENDA ITEM COVER SHEET
Meeting Date: February 7, 2006
Item # l1b
Contact Name:
Contact Number:
Catherine Armstrong
905-3100 X1020
Reviewed By:
Department Director:
City Manager:
Subject: First reading of a Rezoning Ordinance for Lakewood Estates to change the zoning designation of
the property from Orange County "Citrus Rural" to Ocoee PUD (District 3, Commissioner Johnson)
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.
The staff report attached to the agenda item cover sheet includes discussion on both the PUD/Land Use
Plan and the Preliminary Subdivision Plan, however the only action that will be taken by the City
Commission on February 7, 2006 is the 1st reading of the rezoning ordinance for the PUD/Land Use Plan.
The 2nd reading of the ordinance; the development agreement; the PUD/Land Use Plan and the Preliminary
Subdivision Plan will be scheduled for the February 21, 2006 agenda for City Commission action.
Issue:
Should the Honorable Mayor and City Commission hear the first reading of a Rezoning Ordinance for
Lakewood Estates to change the zoning designation of the property from Orange County "Citrus Rural" to
PUD?
Recommendations:
Staff respectfully recommends that the Mayor and City Commissioners hear the first reading of a Rezoning
Ordinance for Lakewood Estates to amend the zoning designation of the property from Orange County
"Citrus Rural" to PUD. Second Reading and Adoption Public Hearing to be held February 21, 2006.
Attachments:
Development Agreement; Rezoning and PUD/Land Use Plan and Preliminary Subdivision Plan, date
stamped received by the City on December 20, 2005
Financial Impact:
Unknown
Type of Item:
o Public Hearing
181 Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Deot Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original DocumenUContract Attached for Execution by City Clerk
o Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
o N/A
[gI N/A
o N/A
City Manager
Robert Frank
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
FROM: Catherine Armstrong, Planning Manager
TO:
THROUGH: Russ Wagner, AICP, Community Development Director
DATE: January 24, 2006
RE: Lakewood Estates: First 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 PUD/Land Use Plan and Development Agreement
ISSUE:
Should the Honorable Mayor and City Commissioners approve a Rezoning Ordinance #2006-XX 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 and Development Agreement?
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. 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.
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 is allowing 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 no
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
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, 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 following additional conditions:
1) Add a C.OA t~ S~eet C2 as follo~ - All stormwa~er from Wurst Road and any other internal public
roads will drain Into Tract A at~ 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 -
Based on DRC and the Planning and Zoning Commission, Staff will recommend at the 2nd reading 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 waiver and the following same conditions identified for the PUD/Land Use
Plan.
Attachments:
Development Agreement
Rezoning Ordinance #2006-XX
PUD/Land Use Plan and Preliminary Subdivision Plan, date stamp received on December 20, 2005
O:\Staff Reports\2006\SR06005 _ CAA_LakewoodEstatesRezoning_ CC.doc
TillS 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
For Recording Purposes Only
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
DEVELOPMENT AGREEMENT
(Lakewood Estates)
TillS 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").
WIT N E SSE 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
Ocoee City Commission approved Ordinance No.
"PUD" under the Ocoee Land Development Code; and
, 2006 the
rezomng the Property as
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.
ORLA_377 448.1
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Section 3. Waivers from the Ocoee Land Development Code. Pursuant to City
of Ocoee Ordinance No. Owner has been granted waivers from the
requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit
"C" attached hereto and by this reference made a part hereof.
Section 4. Conveyance of Right-of-Way Property. 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 of land 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 of the 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 of title, 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 of title 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 A venue - 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:
ORLA_377 448.1
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(i) an extension of Wurst Road from North Lakewood A venue to the western boundary
of the Property (the "Wurst Road Extension"); and
(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:
ORLA_377448.1
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A.
Road Extension.
The Owner shall deliver to the City "as built" drawings of the Wurst
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 Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the Property or any portion thereof.
Section 12. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owner, execute and deliver letters affirming the status of this Agreement.
Section 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. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Amendments to and waivers of the
provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
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.
ORLA_377448.1
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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.
Section 18. Attorneys' ,Fees. In the event that either party finds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and
costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment.
Section 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.
[Signature Pages to Follow]
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
By:
Name:
Its:
Print Name
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 PARTNERSIDP,
INC., a Florida nonprofit corporation who [_l is personally known to me or [_l 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:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Beth Eikenberry, City Clerk
(SEAL)
Print Name:
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):
ORLA_377 448.1
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My Commission Expires (if not legible on seal):
ORLA_377 448.1
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EXHIBIT "A"
THE PROPERTY (LOCATION MAP)
ORLA_377448.1
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Lakewood Estates PUD Land Use Plan/PSP
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EXHIBIT "B"
CONDITIONS OF ApPROVAL - SEE SHEET C2 OF PUD/LAND USE PLAN AND PRELIMINARY
SUBDIVISION PLAN, DATE STAMPED RECEIVED BY THE CITY ON DECEMBER 20, 2005
ORLA_377448.1
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EXHIBIT "e"
WAIVERS
CODE SECTION CODE STANDARD PROPOSED JUSTIFICATION
STANDARD
SECTION 5-4G ON ANY CORNER ApPLICANT IS To ALLOW FOR
LOT, THE REQUESTING THE SOUTHERN "ROAD
APPLICABLE FRONT STANDARD 25-FOOT A" CONNECTION AND
YARD SETBACK SIDE STREET TO PROVIDE FOR A
SHALL APPLY TO SETBACK BE 40-FOOT BUILDING
BOTH STREET REDUCTED TO 15- ENVELOPE.
FRONTAGES. FEET.
-
SECTION 5-4G ON ANY CORNER ApPLICANT IS To ALLOW FOR
LOT, THE REQUESTING THE DEDICATION OF 10-
APPLICABLE FRONT STANDARD 25-FOOT FOOT OF RIGHT-OF-
YARD SETBACK SIDE STREET WAY TO THE CITY
SHALL APPLY TO SETBACK BE ALONG LAKEWOOD
BOTH STREET REDUCED TO 15- A VENUE AND TO
FRONTAGES. FEET. PROVIDE FOR A 40-
-
FOOT BUILDING
ENVELOPE.
ORLA_377 448.1
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ORDINANCE NO.
CASE NO. LS-2005-002: 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 II, 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:
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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.
SECTION 2.
Zoning. 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 Zoning Map. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
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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.
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 JP 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
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PASSED AND ADOPTED this _ day of
ATTEST:
Beth Eikeneberry, City Clerk
(SEAL)
,2006.
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.
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Exhibit "A"
Lakewood Estates Legal Description:
The North % of the NE Y4 OF THE SE '/4, 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.Do 35'10"E. along the west line
of said NE Y4 of the SE Y4 a distance of560.0 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.
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Lakewood Estates
Location Map
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EXHIBIT "C"
[Insert Land Use Plan]
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