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HomeMy WebLinkAboutItem #09 McCormick Reserve PUD- Preliminary/Final Sub. Plans``1 Ocoee Ilorida Contact Name: Contact Number: AGENDA April 7, 2015 0 Reviewed By 60 J. Antonio Fabre, AICP Department Director._ 407 - 905 - 3100/1019 City Manager: Background /Summary The subject property is located on the southwest corner of the intersection of McCormick Road and N. Clarke Road. The subject site is approximately 45.09 acres in size of which 43.57 acres are uplands and 1.62 acres are designated as wetlands. The site is currently undeveloped with planted pine trees, a SFR with accessory buildings (programmed to be removed when the property develops), wetlands and 100 -year floodplain areas. The parcels ID numbers are 33- 21 -28- 0000 -00 -013 (740 W. McCormick Road), 33- 21 -28- 0000 -00 -040, and 33- 21 -28- 0000 -00 -011 (980 W. McCormick Road). The table below references the future land uses, jurisdiction, existing land uses and zoning classifications of the surrounding parcels: DIRECTION: JPA FUTURE LAND USE / JURISDICTION EXISTING LAND USE / ZONING North Public Facility / Orange County Orange County Northwest Water Reclamation Facility / "A -1" East Low Density Residential / City of Ocoee SFR(s) (Kensington Manor Subdivision) / "R -1 AA" South Low Density Residential / City of Ocoee Arden Park PUD (Arden Park North) / PUD West Low Density Residential / City of Ocoee SFR(s) (Brynmar Subdivision) / "R -IAA" The Future Land Use designation for the subject site is "Low Density Residential" which allows up to 4 dwelling units per acre. To the east there is a "Conservation /Floodplains" future land use designation that is associated with the Trout Lake basin. On December 2, 2014, the City Commission reviewed and approved the Annexation, PUD Rezoning and Land Use Plan for McCormick Reserve. DISCUSSION: The McCormick Reserve Preliminary/Final Subdivision Plan is a residential subdivision that proposes a total of 134 single - family residential lots with a resulting density of 2.97 units per acre. The residential streets (50' wide) are planned to be designated as public right -of -ways. The residential lots will be approximately (105) 50 feet by 120 feet and (29) 60 feet by 120 feet. The PUD has a minimum living area set at 1,500 square feet. The development is proposed to be constructed in two (2) phases. As shown on the plans, the subject subdivision will have two (2) access points. The main access will be on N. Clarke Road. This main entrance will be aligned with the existing Kensington Manor Subdivision access Subject: McCormick Reserve PUD Preliminary/Final Subdivision Plan Project # LS 2014 -008 Commission District # 4 — Joel F. Keller across the street. The second access is proposed through an internal street providing cross - access to the (Brynmar Subdivision) west. The Plan also shows a 6 -foot high brick wall with landscaping will be installed along McCormick Road and Clarke Road. Landscaping, columns and aluminum railings are proposed along the open space portions of the site. It should be mentioned that there is a wetland area (1.77 acres) that is programed to be impacted. This wetland area is of little or no environmental value. It is presumed that it was an old barrow pit which overtime has accumulated wetland characteristics. The subject area has transitional and exotic species and wetland understory vegetation and extremely weak hydric characteristics. Moreover, the proposed impact area is mostly intended for right -of -way and construction of the Clarke Road extension. The Applicant has proposed an onsite mitigation program which includes providing additional buffer area "Tract E" (3.03 acres) conveyed to the City. The Preliminary /Final Subdivision Plan is consistent with the approved McCormick Reserve PUD. Finally, potable water and sewer services will be provided by Orange County. The City of Ocoee will provide solid waste services, reuse water, police and fire protection. Issue Should the Honorable Mayor and Commissioners approve the Preliminary /Final Subdivision Plan for McCormick Reserve PUD? Development Review Committee Recommendation: The Development Review Committee (DRC) met on February 3, 2015, and reviewed the Preliminary /Final Subdivision Plan for McCormick Reserve PUD. There were several technical issues to be addressed from the City's Planning Division, Engineering Department and City Attorney's Office that were identified in written staff comments and /or presented verbally. There was some discussion on reuse water, fire hydrants, solid waste pickup, utilities, project phasing, residential lot grading along Clarke Road and community meeting structures versus pavilions. In addition, the applicant felt confident in finalizing the irrigation plans, school concurrency and the FEMA LOMR before issuance of any permits. When the discussion was finished, the DRC voted to recommend approval of the Preliminary /Final Subdivision Plan, subject to the resolution of the remaining staff comments. Planning & Zoning Commission Recommendation: The Planning and Zoning Commission reviewed the proposed Preliminary /Final Subdivision Plan for McCormick Reserve PUD on February 10, 2015. City Staff presented a brief summary and overview of the requested Preliminary /Final Subdivision Plan. City Staff and the applicant /developer answered several questions regarding the overall landscape plan, screen wall materials, lot widths, sidewalks along Clarke Road extension and future roadway connections. All of these questions were addressed adequately in the P &Z meeting. There was no one from the public to speak regarding this proposal. Some P &Z Commissioners expressed concerns on accommodating future parking needs due to the narrowness of the proposed residential lots. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the Preliminary /Final Subdivision Plan for McCormick Reserve PUD, subject to resolving any remaining staff comments. Staff Recommendation Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the City Commission approve the Preliminary /Final Subdivision Plan for McCormick Reserve PUD, subject to resolving any remaining staff comments. Attachments Location Map; Surrounding Future Land Use Map; Surrounding Zoning Map; Aerial Map; Recorded Annexation & Development Agreement; Preliminary/Final Subdivision Plan for McCormick Reserve PUD. Financial Impact None. Type of Item : (please mark with an 'Y') X Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A ELI OW MINN I� pill�l�ll. �AIII�!�111] , L ; t1 yr. CL C ._ O N V ■ E ■� L O c V O Lm L CO 1 N � Q _ i 1� 2 X77 U t o m _ o s 2 c U E c c c c p 06 .a U o a� Q a) a) a) a) 3 0 N o Q ° 0 0 aE 7 0 N . o v N >>>>LL — O a O c cn a- a- -- p c d Q w Q c (6 ca c6 c6 ll O O-E .� U a O o ° 0 02 a� ca Q) E p . 7 0 2) E cin� c E 13 O 2 O O a) a) Q) O O C (6 U) D m O co in U) (n U) O 2i � a_ z U C7 x 06 0 U J 2 2 a� 2 M . E N _1 1 1� o � n i O J a s ..ti y x` r 1 1 N � Q _ i 1� 2 X77 U t o m _ o s 2 c U E c c c c p 06 .a U o a� Q a) a) a) a) 3 0 N o Q ° 0 0 aE 7 0 N . o v N >>>>LL — O a O c cn a- a- -- p c d Q w Q c (6 ca c6 c6 ll O O-E .� U a O o ° 0 02 a� ca Q) E p . 7 0 2) E cin� c E 13 O 2 O O a) a) Q) O O C (6 U) D m O co in U) (n U) O 2i � a_ z U C7 x 06 0 U J 2 2 a� 2 M . E N _1 1 1� i <•w El F / r y F r �Y � y - r / 'Y�.�Fn�� "iii •- � : . 5 ��� � - .� -� A_ A , 'ilk THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Scott A. C ookson, Esq. SHUFIELD, LOWMAN & WILSON, P.A. 1000 Legion Place, Suite 1700 Orlando, FL: 32801 DOC# 20 150031639 a: 10863 P: 6420 01/20/2015 01:03:40 PM Page I of 22 Rec Fee: $188.50 Deed Doc tax: $0.00 DOR Admin Fee: $0.00 Intangible Tax: 0.00 Mortgage Stamp: 0.00 Martha 0. Haynie, Comptroller Orange County FL MB - Rettr To:: 6COEE pill RETURN TO: Beth Eikenberry, City Clerk CITY OF OCOEE 150 N. Lakeshore Drive Ocoee, FL 34761 For Recording Purposes Only ANNEXATION AND DEVELOPMENT AGREEMENT MCCORMICK RESERVE PUD THIS ANNEXATION DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered into as of thtr �j "day of i`: C'': a:, 1 , 20__j!q by and between by ROBERT F. GORMICAN and JOHN E. GORMICAN, whose address is 980 West McCormick Road, Apopka, Florida 32703 (hereinafter collectively 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, (hereinafter referred to as the "City "). WHEREAS, Owner owns fee simple title to certain lands located in Orange Cowlty, 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 Section 171.044, Florida Statutes, Owner has petitioned the City Commission of the City (the "Ocoee City Commission ") to voluntarily annex the Property into the corporate limits of the City (the "Petition'); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of the Property to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "IPA Agreement "), and has recommended that the Ocoee City Commission annex the Property into the corporate limits of the City; and WHEREAS, the City has required that Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of the Property in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend certain municipal services to the Property on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of the Property and determined that this Agreement and the annexation of the Property is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, pursuant to the petition of Owner, on December 2, 2014, the Ocoee City Commission approved Ordinance No. 2014 -020 rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4 -10 of Article IV of the Ocoee Land Development Code require that Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals The above recitals are true and correct and incorporated herein by this reference. Section 2. Sale of Property The Owner as of the Effective Date represents to City that there is currently a contract for sale of the Property. In the event the Owner as of the Effective Date conveys the Property to a third party, the date of the conveyance for purposes of this Agreement shall be the "Property Conveyance Date ". Notwithstanding anything contained herein to the contrary, the Owner as of the Effective Date (i.e., Robert F. Gormican and John E. Gormican) shall have no obligations as to the design, engineering, permitting or construction of the Clarke Road Improvements (as defined below) in the event that Owner does not commence development of the Property. However, the Owner that actually commences development of the Property, whether that be Owner or another owner /developer, shall assume the obligations herein as to the design, engineering, permitting or construction of the Clarke Road Improvements. For clarity, following the Property Conveyance Date, the Owner as of the Effective Date (i.e., Robert F. Gormican and John E. Gormican) shall no longer be obligated under the terms of this Agreement. In addition, notwithstanding anything contained herein to the contrary, the existing agricultural use of the Property shall be a permitted use of the Property until the commencement of the development of the Property. Section 3 . Annexation of the Property Prior to the execution of this Agreement by the City, the Ocoee City Commission has adopted Ordinance No. 2014 -019 for Case No. AX- 08- 14 -47, thereby redefining the corporate territorial limits of the City to include the Property. Section 4. Development Approvals All capitalized terms not otherwise defined herein shall be as defined or described on the Land Use Plan (as defined herein), unless otherwise indicated. Section 5. Development of the Property A. Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for McCormick Reserve prepared by IBI Group (Florida) Inc., date stamped as received by the City on October 24, 2014 (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. 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 "). 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) Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 6. Waivers from the Ocoee Land Development Code Pursuant to City of Ocoee Ordinance No. 2014 -020, 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 7. Clarke Road Improvements In connection with Owner's development of the Property, the parties acknowledge that Owner is obligated to design, engineer, permit and construct, at Owner's sole cost and expense, Clarke Road from McCormick Road to the southern property boundary of the Property as shown the Land Use Plan (the "Clarke Road Improvements "). The Clark Road Improvements shall consist of two (2) twelve foot (12') lanes with center left turn lane and/or landscaped median of public road together with curbs, gutters, public sidewalks and associated landscaping, signage and stormwater improvements, all constructed according to then current public right of way standards and within the eighty foot (80') of right of way for Clarke Road as shown on the Land Use Plan (the "Clarke Road ROW "). Owner acknowledges that construction of the Clarke Road Improvements shall begin prior to the time of issuance of the first application or request for a building permit for the construction of a residential home in Phase 2 of the Property (Phase 2 being shown on the Land Use Plan) and that the Clarke Road Improvements shall be completed and accepted by the City before the sixteenth (16) Certificate of Occupancy, or its equivalent, is issued for a residential home (including a model home) on Phase 2 of the Property. Section 8. Stormwater Management The stormwater management system for the Property shall be designed, engineered and constructed to accommodate the stormwater from the Clarke Road Improvements and the Clarke Road ROW. The stormwater management system within the Property shall be owned and maintained by the Owner, but may be assigned to a homeowners' association created to own and maintain common areas within the Property. In connection with the conveyance of the Clarke Road ROW the Owner shall convey to the City a stormwater and access easement over the stormwater management system within the Property in a form reasonably acceptable to the City. Owner acknowledges that no impact fee credits or other payment or consideration shall be given for the conveyance of the stormwater and access easement or for any portion of the stormwater management system within the Property. Section 9. Impact Fee Credits In connection with the design, engineering, permitting and construction of the Clarke Road Improvements (but not the conveyance of the Clarke Road ROW), Owner shall be entitled to transportation impact fee credits as follows: A. 67% of the Costs for the Design and Engineering Plans Owner agrees to cause to be prepared and submitted to the City the design and engineering plans for the Clarke Road Improvements in connection with the submittal of the first final subdivision plan for any portion of the Property (the "Design and Engineering Plans "). The City and Owner acknowledge that the Design and Engineering Plans may be prepared by the same engineer or consultant that prepares the first final subdivision plan for the Property. Owner hereby agrees that in any contract with such engineer or consultant for work where the Design and Engineering Plans are part of the preparation of the first final subdivision plan for the Property, such engineer or consultant shall separate the costs for preparation of the Design and Engineering Plans from the costs for preparation of the first final subdivision plan for the Property. Owner shall submit to the City for review and approval by the City Engineer the anticipated, estimated or contractual costs for the Design and Engineering Plans prior to commencement of such work (the "Design and Engineering Estimated Costs "). Following completion of the Design and Engineering Plans and approval by the City Commission of the first final subdivision plan for the Property, the Owner, shall submit to the City for review and approval by the City Engineer the paid invoices (or other documentation reasonably acceptable to the City Engineer) for the actual out -of- pocket costs incurred and paid by Owner to the engineer or consultant for the Design and Engineering Plans (the "Design and Engineering Actual Costs"). The City shall credit Owner for transportation impact fees in an amount equal to sixty -seven percent (67 %) of the lesser of the Design and Engineering Estimated Costs or the Design and Engineering Actual Costs. Unless otherwise agreed to by the Owner and City, the credit shall be effective upon completion of the Clarke Road Improvements. Notwithstanding anything contained herein to the contrary, Owner shall not be entitled to any credit for impact fees for the Design and Engineering Plans if any of the following occur: i. Owner does not submit the Design and Engineering Estimated Costs to the City Engineer on or before twenty four (24) months after the Property Conveyance Date. ii. Owner does not submit the Design and Engineering Actual Costs to the City Engineer on or before thirty (30) months after the Property Conveyance Date. iii. The City or another developer prepares the Design and Engineering Plans prior to the Owner's submission of the Design and Engineering Estimated Costs to the City Engineer. B. 100% of the Costs for the Segment #1 Construction and 67% of the Costs for the Segment #2 Construction The City and Owner acknowledge that the Clarke Road Improvements may be constructed by the same contractor that constructs the subdivision development improvements for the Property. Owner hereby agrees that in any contract with such contractor for work where the Clarke Road Improvements are constructed as part of the subdivision development improvements for the Property, such contractor shall separate the costs for construction of the Clarke Road Improvements from the costs for the construction of the subdivision development improvements for the Property. Furthermore, the Clarke Road Improvements shall further separate the costs for construction of that segment of the Clarke Road Improvements from McCormick Road to the southern end of the intersection of the entrance road into the Property and entrance into the neighboring Kensington Manor subdivision as shown on the Land Use Plan (the "Segment #1 Improvements ") from the costs for construction of the remainder of the Clarke Road Improvements (the "Segment #2 Improvements "). The portions of the Property to comprise the Segment #1 Improvements and the Segment #2 Improvements are further shown on Exhibit "D" attached hereto. Owner shall submit to the City for review and approval by the City Engineer the anticipated, estimated or contractual costs for the Segment #1 Improvements (the "Segment #1 Estimated Costs ") and for the Segment 92 Improvements (the "Segment #2 Estimated Costs ") prior to commencement of permitting or construction on the Property or the Clarke Road Improvements. The Segment #1 Estimated Costs and the Segment #2 Estimated Costs may include an administrative fee of up to five percent (5 %) of the estimated costs. Following completion of the permitting and construction of the Clarke Road Improvements and approval by the City Commission of the first fmal subdivision plan for the Property, the Owner, shall submit to the City for review and approval by the City Engineer the paid invoices (or other documentation reasonably acceptable to the City Engineer) for the actual out -of- pocket costs incurred and paid by Owner to the contractor for the Segment #1 Improvements (the "Segment #1 Actual Costs ") and the Segment #2 Improvements (the "Segment #2 Actual Costs "). The Segment #1 Actual Costs and the Segment #2 Actual Costs may include an administrative fee of up to five percent (5 %) of the actual costs. The City shall credit Owner for transportation impact fees in an amount equal to one - hundred percent (100 %) of the lesser of the Segment #1 Estimated Costs or the Segment #I Actual Costs. In addition, the City shall credit Owner for transportation impact fees in an amount equal to sixty -seven percent (67 %) of the lesser of the Segment #2 Estimated Costs or the Segment 42 Actual Costs. Unless otherwise agreed to by the Owner and City, the credits shall be effective upon completion of the Clarke Road Improvements. Notwithstanding anything contained herein to the contrary, Owner shall not be entitled to any credit for impact fees for the Clarke Road Improvements if any of the following occur: i. Owner does not submit the Segment #1 Estimated Costs and the Segment #2 Estimated Costs to the City Engineer on or before twenty four (24) months after the Property Conveyance Date. ii. Owner does not submit the Segment #1 Actual Costs and the Segment #2 Actual Costs to the City Engineer on or before thirty (30) months after the Property Conveyance Date. iii. The City or another developer commences the permitting and construction of the Clarke Road Improvements prior to the Owner's submission of the Segment #1 Estimated Costs and the Segment #2 Estimated Costs to the City Engineer. Section 10. Right -of -Way Conveyance Owner agrees to convey the Clarke Road ROW as shown on the LUP to the City within thirty (30) days of the City's request. Notwithstanding the foregoing, Owner shall not be required to convey the Clark Road ROW earlier than the earliest to occur of the following events: (i) the Property Conveyance Date, (ii) three (3) years after the Effective Date, (iii) the commencement of construction of the Property, or (iv) the time of the approval of the first plat for the Property. Owner acknowledges that no impact fee credits or other payment or consideration shall be given for the conveyance of the Clarke Road ROW. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. Owner shall, contemporaneously with the conveyance of the Clarke Road ROW, provide the City a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The cost and expenses related to the conveyance of the Clarke Road ROW, including the cost of title work, shall be borne by Owner. Real property taxes on Clarke Road ROW shall be prorated as of the day of City's acceptance of the conveyance of the same and the prorated amount such real estate property taxes attributed to Owner shall be paid and escrowed accordance with the provisions of Section 196.295, Florida Statutes. Section 11. Floodplains and Wetlands Conveyance Owner acknowledges that the Property contains certain 100 -Year floodplains and jurisdictional wetlands as shown on the Land Use Plan (collectively, the "Floodplains and Wetlands "). Development of the Floodplains and Wetlands are subject to the provisions of the Ocoee Comprehensive Plan. Owner acknowledges that impacts to the Floodplains and Wetlands shall only be permitted to allow the construction of the Clarke Road Improvements. All permits required for impacting the Floodplains and Wetlands will be obtained by Owner at Owner's expense in connection with the permitting of the Clarke Road Improvements. Owner agrees to convey the Floodplains and Wetlands to the City within thirty (30) days of the City's request. Notwithstanding the foregoing, Owner shall not be required to convey the Floodplains and Wetlands earlier than the earliest to occur of the following events: (i) the Property Conveyance Date, (ii) three (3) years after the Effective Date, (iii) the commencement of construction of the Property, or (iv) the time of the approval of the first plat for the Property. Owner acknowledges that no impact fee credits or other payment or consideration shall be given for the conveyance of the Floodplains and Wetlands. The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those matters acceptable to the City. Owner shall, contemporaneously with the conveyance of the Floodplains and Wetlands, provide the City a current title commitment to be followed by a policy of title insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for those matters acceptable to the City. The cost and expenses related to the conveyance of the Floodplains and Wetlands, including the cost of title work, shall be borne by Owner. Real property taxes on Floodplains and Wetlands shall be prorated as of the day of City's acceptance of the conveyance of the same and the prorated amount such real estate property taxes attributed to Owner shall be paid and escrowed accordance with the provisions of Section 196.295, Florida Statutes.. Section 12. 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 13. 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 14. Recordation of Agreement The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of Owner, execute and deliver letters affirming the status of this Agreement. Section 15. 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 16. 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 17. 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 18. 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 19. Specific Performance Both the City and Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 20. 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 21. 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 22. 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 23. 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 24. Effective Date The Effective Date of this Agreement shall be the date when the City signs the Agreement. SIGNATURES TO FOLLOW IN WITNESS WHEREOF. Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and vear first above written. Signed, sealed and delivered in the OWNER: nff�csence 01 Z.-Y rr� R OB ERT urn � C..k! JO N E GORMICAN STATE OF Floe oL2 COUNTY OF Qg _ HEREBY CERTIFY that on this day. before me, an officer duty authorized in the State and County aforesaid to take acknowledgments, personally appeared ROBERT" F GORMICAN, who L ✓) is personally known to me or produced as identification, and that ROBERT F GORMICAN 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 4_ day of bleg ,JO#5 SIAY " BARBARA ANN SWIMS o * MY COMMISSION # EE 117699 ` EXPIRES. October 20, 2015 " f� Bonded thru Budget NoteryServices Of STATE OF F) or+ d0.__ COUNTY OF C�)rarN 0 M Signature of Notary rbA"O✓ A SW M - - -- Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on My Commission Expires (if not legible on seal). /V -2 - o/ ti 1 HEREBY CERTIFY that on this day, before me. an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JOHN E GORMICAN who [ is personally known to me or [ 1 produced as identification, and that JOHN E GORM[CAN acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily. for the uses and purposes therein expressed. v+�J , WITNESS my hand and official seal in the County and State last aforesaid this ey� day of 9,A 6C O "' pvl BARBARA ANN SWIMS Si nature of Notary MY COMMISSION # EE 117699 Q`'!— * * EXPIRES: October 20, 2015 Nance of Notary (Typed, Printed or Stamped �r�rECFi1.�P\o~ Bonded Thru Budget Notary Services Com; Ili ss ion N u m ber ( . i f not iegib to on seal) - 4E j E /176 _____ My Commission Expires (if not legible on seal). [o /z.o / i5 CITY: Signed, sealed and delivered in the presence of Print Name: Print Name: CITY OF OCOEE, FLORIDA By: �7 --p"I" S. Scott Vandergryj Attest: Betli• arty, City Clerk r1E:_11 (SEAL)'` FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this ,' day of e 7yZ ' •o i4 SHUFFIELD, LOWMAN & WILSON, P.A. B City Atto ey STATE OF FL�LDA COUNTY OF ORANGE APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON - DAY OF �*�... { ... t ' r UNDER AGENDA ITEM NO. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this z ='- day of Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): _ My Commission Expires (if not legible on seal): _ DIANA LUNSFORD MY COMMISSION #FF116154 EXPIRES May 9, 2018 (dpf) 9ilY'U169 �IaririnNnteryBnrvlCa [um Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): _ My Commission Expires (if not legible on seal): FILE NO.: 14058814 EX111111'1' A Parcel One Begin at Northeast corner of sotomwest 1/4 of Northwest 1/4, rttp South 420 reel, lVest 210 feet, North 420 feet, East 210 feet in Section 33, Township 21, Range 28, tlrnuge County, Florida, Less the North 301'eel for Right -of -Way. Parcel Two Southwest 1/4 of Norlimesl I 14, in Section 33, Township 21 Sun11i, Itvige 28 Is-.1St, 01:111ge ('ow►I Less the North 30 feet for luglit -of -Way. Less Begin at Northeast corner ol'Soutliwest lid of NOI'tliwesl 1/4, run South 4211 feet, West 210 feet, North 420 feet, East 210 feet in Section 33, Township 21, Range 28, Orange County, Florida. And Less Beginning 394.34 feet East 01'southwest corner of Southca►st 1/4 of Northwest 114 run West •194.34 feet North 693 feet Last 136.62 feel; Ihence Southeasterly to Ileginning in Section 33, Township 21 South, Ita nge 28 East, Oraugc (_'om►ly,!'lurida. EXHIBIT "B" CONDITIONS OF APPROVAL Section A. General 1. The City of Ocoee, Florida (the "City ") is subject to the terms, provisions and restrictions of Florida Statutes, Chapter 163, concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity or itself from the application of such state legislation and nothing herein shall be construed as such an exemption. 2. This project shall be developed in two (2) phases. 3. Each phase of the project will stand on its own with respect to public services (sewer, water, stormwater management, access and other related services). 4. Except as specifically noted on this plan, development of the property shall be consistent with the requirements of the City of Ocoee Code of Ordinances (the "Code "), which Code includes Chapter 180, the City of Ocoee Land Development Code (the "Land Development Code "). 5. Nothing herein shall be construed to waive any provision of the Land Development Code except to the extent expressly set forth on a waiver table or explicitly set out on the plan. 6. Any damage caused to any public streets as a result of the construction activities related to the project shall be promptly repaired by Owner to the applicable governmental standards at Owner's sole cost and expense. 7. There shall be no access from the property to any public streets except at the approved locations shown on the approved Final Subdivision Plan/Final Site Plan. 8. All existing structures (including buildings, power lines, existing aerial and utility facilities) will be removed and/or terminated prior to or during construction of the development replacing those uses. 9. Development of this property is subject to that certain Annexation and Development Agreement dated as recorded in Official Records Book _ Page , Public Records of Orange County, Florida. 10. All legal instruments including, but not limited to (i) declarations of covenants, easements and restrictions for the property; (ii) articles of incorporation and bylaws of the property owners' association (the "Association "); and (iii) warranty deeds, easements and bill of sale documents to the Association, the City, the County and/or the St. Johns River Water Management District ( "SJRWMD ") shall be provided to the City for review and approval prior to platting all or a portion of the property. 11. Parking for individual lots shall be provided in accordance with the Land Development Code. 12. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker shall be affixed to the street in the center of the lane closest to each hydrant. 13. Owner will install reuse Pipelines and provide service to all lots in accordance with City Code. 14. Pursuant to the Land Development Code, all subdivision signage must be consistent with the legally assigned name of the subdivision. Any subsequent change to the name of the subdivision must be approved by the City Commission of the City. 15. To the extent the Land Use Plan and these Conditions of Approval conflict with the Land Development Code, the provisions of the land Use Plan and these Conditions of Approval shall control. 16. At the time of development, the Planned Unit Development, or any phase proposed for development, shall comply with all City regulations and ordinances in effect at the time of Final Subdivision Plan approval. 17. Final Development Orders or Permits may be issued only upon finding by the City that the infrastructure addressed under the Concurrency Management System shall be available concurrent with the impacts of the development. 18. To the extent any lift stations are required on the property they will be conveyed to Orange County at the time of platting. Section B. Trees 1. Existing trees eight feet (8') or larger (other than citrus trees or "trash" trees) located along proposed locations of buffer walls or road right -of -way lines will be preserved if at all possible; the buffer walls and roads will be designed around those trees to incorporate them into required landscape buffers and as street trees. 2. The existing grades on individual lots containing protected trees will be maintained as much as possible to preserve existing protected trees. For lots or tracts containing protected trees, there will be no grading or other construction on the same except as specified in the approved Final Subdivision Plan/Final Site Plan, until building permits are issued for those lots /tracts. 3. Removal of existing protected trees will be limited to clearing road right -of -way and retention areas as detailed in the Final Subdivision Plan/Final Site Plan. All existing protected trees on individual lots and tracts will be evaluated at the time of site plan review for that lot or tract, to determine whether or not each tree needs to be removed. 4. In order to ensure that as many existing trees as possible will be preserved, all road rights- of -way and retention areas will be flagged for review by the City prior to any tree removal. No clearing permits will be issued for site work or building construction until the trees to be preserved have been clearly marked with tree protection barriers. 5. No person shall undertake land clearing or the removal of any protected trees without first obtaining a permit from the Building Department. The removal of protected trees shall be minimized to the maximum extent possible and no authorization shall be granted to remove a tree if Owner has failed to take reasonable measures to preserve the trees on site. 6. The final grading plan will preserve existing grades on individual lots and tracts containing protected trees as much as possible. 7. All landscape areas will be irrigated and have an automatic rain sensor. Section C. Easements /Utilities 1. All cross access, utility and drainage easements shall be provided prior to or at the time of platting. 2. All utilities to be placed within the ten foot (10') easement along the front of each lot will be placed around existing protected trees to be preserved. 3. All utilities including electrical, cable, TV, and telephone and including on -site existing overhead wires shall be placed underground. 4. Unless otherwise noted, a five foot (5') utility and drainage easement will be platted along all side lot lines and ten foot (10') utility, drainage and sidewalk easement adjacent to the street right -of -ways. Sidewalks will only be placed in this easement if necessary to run them around existing protected trees to be preserved. 5. All drainage, utility and maintenance easements shall be for the benefit of the public and maintained by the property owner. 6. Drainage easements between lots and tracts are shown for location only. Final easement dimensions will be shown on the Final Subdivision Plan/Final Site Plan and will be sized to meet City requirements. 7. A perpetual, non - exclusive access easement over all internal roadways and other paved areas is hereby granted in favor of the City and other applicable authorities for law enforcement, fire and other emergency services. The City may require that Owner execute an easement in recordable form with respect to the foregoing. 8. An emergency access easement to the retention ponds and over all drainage easements shown hereon is hereby granted to the City for emergency maintenance purposes. The emergency access easement will not impose any obligation, burden, responsibility of liability upon the City to enter upon the property it does not own or take any action to repair or maintain the drainage system on the property. Section D. Association 1. The Association shall own and maintain all common areas. 2. All declaration of covenants and restrictions affecting the property shall include the following provisions: i. Provision allowing the City to levy, collect, and enforce assessments for maintenance of common areas if the Association fails to do so or fails to maintain assessments at a level allowing for adequate maintenance. ii. Provision granting the City the right, but not the obligation, to maintain all common areas should the Association fail to do so after notice from the City. To the extent that the City undertakes such action, the City shall be entitled to reimbursement from the Association and shall be entitled to require the Association to levy assessments for the purposes of paying such reimbursement. iii. Provisions granting the City the right, but not the obligation, to maintain/repair the stormwater management system for the property (the "SWMS ") and obtain reimbursement from the Association, or from Owner if (a) turnover of control of the members has not occurred; or (b) if Owner is still responsible for maintenance of the SWMS. iv. Provision providing that the SWMS will be transferred to a responsible operation/maintenance entity acceptable to the City in the event of dissolution and that if dissolution occurs without such approval then the City may continue to levy and collect assessments and impose liens with respect thereto notwithstanding the dissolution of the Association. V. Provision that the Association shall at all times be in good standing with the Florida Secretary of State. vi. Provision that at the time of turnover of control of the Association to the members, the Declarant shall deliver to the new board of directors the maintenance plan for the SWMS accompanied by an engineer's certification that the SWMS is functioning in accordance with all approved plans and permits. To the extent that any such engineer's report indicates any corrective action is required, that Declarant shall be required to diligently undertake such corrective action at the Declarant's expense and to post a cash bond with the Association for the estimated costs of such corrective action. vii. Provision that no property owned by the City or any other governmental entity shall be subject to assessments levied by the Association. viii. Provision that any amendment to any provision affecting the City or SWMS requires the consent of the City in an instrument recorded with the amendment. 3. All tracts that are to be owned and maintained by the Association shall be conveyed to the Association by warranty deed at the time of platting. A special warranty deed is permissible if accompanied by a title insurance policy to the Association. Section E. Streets 1. Final street naming will be coordinated through the City Building Department at the time of final plat submittal. 2. All 50' rights -of -way within the project will be dedicated to the public at the time of platting unless otherwise noted. 3. Street lights, security lights and lighting, within 50' rights -of -way, for common areas meeting current Land Development Code requirements shall be installed by Owner prior to Certificate of Completion at Owner's expense. If upgraded street lights are installed, Owner and the Association will be required to complete and execute a City of Ocoee Owners and Homeowners Association Agreement for Upgraded Street Lights with Owner and the Association being responsible for operating costs for the difference between standard street lights and the upgraded street lights. 4. Intentionally Deleted. 5. Owner shall construct appropriate curbs cuts to enable construction of ramps at all rights -of -way intersections (and other areas as reasonably required) in order to accommodate access to sidewalks and streets for persons who are in wheelchairs and other persons who are physically challenged. Sidewalks abutting each platted lot or tract shall be constructed at the time of development of the lot or tract. When sidewalks are constructed on corner lots at certain locations, the sidewalks will be extended to the curb and the appropriate ramps will then be constructed. Sidewalks adjacent to common areas shall be constructed at the time of permanent construction of adjacent corm areas. Section F. Stormwater Management System 1. See sheets, C -07 for stormwater pond details. 2. Stormwater facilities will be designed with no greater than 5:1 side slopes to 2 feet below the NWL so as not to require fencing or shall be designed with decorative structured walls and railings. 3. The stormwater facility shall be designed to the pre /post volumetric difference for the 100 yr /24 hr storm. 4. The development of this project will incorporate the stormwater needs of all public roads within the project. 5. Dry retention shall be designed with a 5:1 side slope adjacent to residential units and no greater than 3:1 adjacent to roads, open spaces, etc. 6. Fences shall be required where slopes exceed 4:1. 7. All building setbacks from all retention areas shall be fifteen feet (15') feet from the top of the bank. 8. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets, manholes, structures and retention ponds, will be owned, operated and maintained by the Association. 9. Notwithstanding the conveyance of the retention ponds to the Association or any provision to the contrary contained in these Conditions of Approval, Owner shall remain responsible for the maintenance of the SWMS, including all retention ponds, until such time as: the entire SWMS for the project is constructed and the appropriate Certificate of Completion is issued by both the City and the SJRWMD; ii. the retention ponds intended to be conveyed to the Association have in fact been conveyed to the Association; iii. the Association is designated as the maintenance entity on the records of the SJRWMD and all transfer records required by the SJRWMD have been executed and accepted by SJRWMD; iv. the City has been provided with a copy of Owner's proposed maintenance plan with respect to the SWMS; and V. the City has been provided with a written statement from the Association acknowledging receipt of Owner's proposed maintenance plan with respect to the SWMS and that the Association is responsible for the maintenance of the SWMS. 10. All common area improvements including entry features, walls, landscaping and sidewalks along all roads, as well as landscaping around the retention pond tracts and any lift station tract shall be completed prior to issuance of the Certificate of Completion for those corresponding phases. Section G. Wetlands /100 Year Flood Plain 1. All finished floor elevations will exceed the 100 -year flood plain by a minimum of two feet (2'). 2. Owner shall comply with all requirements of the City and other governmental entities with jurisdiction to protect the wetlands being preserved and to prevent any disturbance, siltation, or other construction below the natural wetland lines. Further, the areas below the natural wetland lines shall be fenced off (and silt fences shall be installed) during construction activities immediately adjacent to the wetlands, in order to minimize disturbances of the wetlands during construction. 3. Wetland and existing surface water impact for this property is regulated by SJRWMD and the Florida Department of Environmental Protection. General or individual permits are required from these agencies prior to commencement of construction. 4. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for the property, Owner will map the jurisdictional wetland line on the site and establish a twenty-five foot (25) upland buffer from that line. Depending on the results, the City may also require a Conservation and Drainage Easement over any wetlands or adjoining conservation area. Prior to or at the time of development of any promotion of the property, if a Conservation and Drainage Easement is required, Owner shall convey to the City the Conservation and Drainage Easement, the form of which shall be approved by the City prior to the conveyance. Section H. Intentionally deleted. Section I. Single - Family Residential Projects 1. Each residential lot shall have the minimum of three (3) trees per lot of which one (1) will be designated as a street tree and placed on the front yard. The trees shall be a minimum size of ten feet (10') in height and two inches (2 ") in diameter at breast height (DBH). 2. All underground utilities shall comply with Section 6 -8(C) of the Land Development Code, which requires pedestal - mounted utility boxes to be placed back of the street, no more than five feet (5) forward of the front building setback line, on all residential lots which are less than seventy feet (70') feet in width where the lot abuts the street right -of -way line. Section J. Intentionally deleted. Section K. Wekiva Study Area 1. For development or redevelopment of property' located outside the Ocoee Community Redevelopment Area (CRA) but within the Wekiva Study Area ( "WSA ") Boundary, and with the exception of a single - family home on an existing lot, those portions of properties that contain at least one (1) of the three (3) following resources: (i) most effective recharge areas, (ii) karst features, or (iii) sensitive natural habitats including Long Leaf Pine, Sand flill, Xeric Oak Scrub, or Sand Pine Scrub vegetative communities, are be subject to a minimum thirty -five percent (35 %) Wekiva Open Space requirement. 2. Open Space required to be preserved within the WSA boundary is defined as: any portion of a parcel or area of land that remains undeveloped, or minimally developed, such as trails and boardwalks as part of a natural resource preserve or recreation area, stormwater retention areas that follow Best Management Practices (BMPs), upland buffer retention swales (per policy 7.7.3), naturally vegetated areas, and tracts for pedestrian connections. Such designated open space excludes waterbodies, lots, street rights of way, parking lots, impervious surfaces and active recreation areas including golf courses. All Wekiva Open Space Areas shall be restricted to prohibit use of fertilizer and chemical applications, but may permit mechanical methods for routine maintenance. Rule 91- 5.003(84), F.A.C. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] 3. Naturally vegetated swales are required to be placed within the upland buffers surrounding lakes or wetlands. The purpose of these swales is to improve the water quality of the stormwater runoff and ensure that the swale fills and exfiltrates into the soil so that there is no sheet flow into the lake or wetland. This method of water quality improvement shall mimic the absorption and pollutant removal abilities of a natural low spot in the topography and must follow accepted Best Management Practices (BMPs). Stormwater runoff from developed lands adjoining wetlands, lakes and/or floodplain areas shall be diverted towards swales, hold the runoff, and then allow it to slowly release into the soil column. [Wekiva Parkway and Protection Act (WPPA): Ch. 369.321(3), F.S.] EXHIBIT "C" WAIVERS WAIVER TABLE ITEM _ PROPOSED CODE SECTION CODE REQUIREMENT S TANDARD JUSTIFICATION 1 6.7(B)(1)(30(d) Design Storm/Discharge 25- Year /96 Hour Provides for Recharge 100 Year Storm Discharge based on SJRWMD of Trout I.ake criteria for Pre- Post All owable Discharge 2 6.7(8)(1)(3)(f)(8) Slide Slopes/Dry with fencing 2:1 Restatement for DRA's Retention Areas without fencing 5:1 Exhibit "D" Depiction of Segments of Clarke Road Improvements -21- C y II A gt s 1 V ' W aK &� w C7 C K IR W W S m Z 0 Ix c- MATCHLINE, B -B 4l /ZL /ZL Ta11Old 9MO'Q IIBIHX3 - 2169£ \sinokVl \llAlo6S \SONIMV80 6'S \Z169£ \•r w u 0 u u N as x w 0 tl Q N m l O p -1 W a MATCHLINE, A -A MATCHLINE, B -B MATCHLINE, A -A NMI 6 J gal w l" a <ap � O H U h-� O So N � w w R x to �� w h- 4 o� V � U n C N 1 0 �o� oz a 0 O U h-� o� V � U n C N 1 0 �o� oz a 0 g egg Js ao�$ a Ypm O U U_ � K y K ws E Uo 00 �g ad A9 g $ p� ;a U ?a� � w Q a em= a fT O li $ g a O.0 JwW L rc CL O It z a :Fb o �Nw -soz V WC = —w5 a ox n w e.a -s�oe oc . uzxs xio� ru_w� io -� ziex \ww� =iy�•.xs \•z.i•�•v ss\z�wc \* So w R x R Z g egg Js ao�$ a Ypm O U U_ � K y K ws E Uo 00 �g ad A9 g $ p� ;a U ?a� � w Q a em= a fT O li $ g a O.0 JwW L rc CL O It z a :Fb o �Nw -soz V WC = —w5 a ox n w e.a -s�oe oc . uzxs xio� ru_w� io -� ziex \ww� =iy�•.xs \•z.i•�•v ss\z�wc \* WdMd oc.Y 80 z Lo 1VAOWddV 40 SNOUMNOD zMa Mmorw IM0115 191 MnS3M )qDIWZfO:):)W 2.!S§ msp gk 8F-5 Ell 1 1, g UH 111 JE E MH i g a t I S Hig I Ug i k I g E 3 l 9 i IM I '1 11 , E l Is s I !Njj f g ' s'El -2 1 a 'ji 9 f [ 1 9 E E I jig P�H 1 e 91 p Of I I R i E 11 1 —H 1,; �v I I S I Ell 13P j _ UE LM I I I I H S 1 I I 'r i E l 2 2� ' I n I s Min .1 .1 i h I N I A m -a E s 5 z 5 R -s j Eli a t I IE r C f f .2 If i 1 ' t jai lit lit -, f 1 9 i is. 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Z Z pp 8 � od�� COPY ®F ADVERTISEMENT Date Published and Media Name 2C The West Orange Times Thursday March 26.2015 Advertisement Or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC EWARIN p DUN ARY /FINALSUBDIVISIONPLAN FORMCCORMICH RESERVE PUD CASE NUMBER IS- 2014.008 NOTICE IS HEREBY GIVEN, pursuant to Section 4 -5E, of the City of Ocoee Land Development Code, that on TUESDAY, APRIL 7, 2015, at 7:15 p.m. or as soon thereafter as practical, the OCOEE CrTY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the Preliminary/Final Sub- division Plan for McCormick Reserve PUD. The three parcels are identified as 33- 21 -28- 0000 -00 -013, 33- 21 -28- 0000 -00 -040, and 33- 21 -28- 0000 -00 -011. The subject property is located on the southwest comer of the intersection of McCormick Road and N. Clarke Road. The proposed use for this project is low density residential containing 134 single family lots. Interested parties may appear at the public hearings and be heard with re- spect to the proposed actions above. The complete case file, including a complete legal description by metes and bounds, maybe inspected at the Ocoee Develop- ment Services Department /Planning Division located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to other dates and times, as it deems necessary. Any interest- ed party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearings. No further notices. regarding these matters will be published. You are advised that 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 that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing as- sistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407-905 -3105. March 26. 2015 15- 01028W Serial Number TI 15- 01028W your community newspaper West Orange Times Published Weekly Winter Garden, Orange County, Florida COUNTY OF ORANGE S.S. STATE OF FLORIDA C of IjC NOTICE OF PUBLIC HEARING Before the undersigned authority personally appeared Jennifer Steiner who PRE F L MC o�CK�� SUBDIVISI PLAN on oath says that he/she is Publishers Representative of the West Orange Times a Orange County Florida; that the CASE NUMBER: LS- 2014 -0 08 NOTICE IS HEREBY GIVEN, pursuant to Section 4 -5E, of the City o: 2015, at 7:1: weekly newspaper published at Winter Garden , Ocoee Land Development Code, that on TUESDAY, APRIL 7, the OCOEE CITY COMMISSION wil attached copy of advertisement p.m. or as soon thereafter as practical, hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 15( the Preliminary/Final Sub being a Notice of Public Hearing North Lakeshore Drive, Ocoee, Florida, to consider entified a: f -0133-21 - 28-0000-0 0-040, McCormick 1 and 33 -21 28-0000 00-011 the matter Of Public Hearing On April 7 20 at 7:15PM 33-21-28-0000-00 The subject property is located on the southwest comer of the intersection o Road and N. Clarke Road. The proposed use for this project ig 10v I n in Court, was published in said newspaper in the McCormick density residential containing 134 single family lots: Interested parties may appear at the public hearings and be heard with re case file, including a complet the spect to the proposed actions above. The complete legal description by metes and bounds, may be inspected at the Ocoee Develop Division located at 150 North Lakeshor. issues of 3/26/2015 ment Services Department /Planning Drive, Ocoee, Florida between the hours of 5:00 am. and 5:00 p.m., Monda The City Commission may continue th Affiant further says that the said West Orange Times is a newspaper that said new has through Friday, except legal holidays. public hearings to other dates and times, as it deems necessary. Any interest 1? dates, times, and places of any continuation e published at Winter Garden, Orange County, Florida, and been published and has been entered as periodicals matter ed party shall be advised of the these or continued public hearings shall be announced during the hearings. N will be published You are advised tha heretofore continuously at the Post Office in Winter Garden in said Orange County, Florida, for a period of further notices regarding these matters any person who desires to appeal any decision made at the public hearings WE to ensure tha one year next preceding the first publicati on of the attached copy of advertisement any person firm or need.a record of the proceedings and for this purpose may need record of the proceedings is made which includes the testimony an. and affiant further says that he/she has neither paid nor promised for the purpose of securing a verbatim evidence upon which the appeal is based. Persons with disabilities needing as should contact the City Clerk corporation any discount, rebate, commission or refund this advertisement for publication in said newspaper. sistance to participate in any of these proceedings Office 48 hours in advance of the meeting at 407 -905 -3105. 15- 01028N *This Notice was placed on the newspaper's website and floridapublicno March 26 2015 on the same day the notice appeared in the newspaper. � Jen if r Stei er Sworn to and subscribed before me this 26th day of March, 2015 A.D. by Jennifer Steiner who is personally known to me. Notary Public, State of Florida (SEAL) 'm.4.,, Kimberly S. Martin COMMISSIM # FF129146 EXPIRES: July 25, 21016 WJUINAARONNOTARY.CM