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HomeMy WebLinkAboutItem #04 Approval of the Second Amendment to the Development Agreement for Arbours at Crown Point Planned Unit Development (PUD) t J `)(..()('c=' Ilo rida AGENDA ITEM STAFF REPORT Meeting Date: June 21, 2016 Item # Reviewed By: Contact Name: Michael Rumer � Department Director: — Contact Number: 407-905-3100/1018 City Manager: Approval of the Second Amendment to the Development Agreement Arbours at Crown Point Planned Unit Development(PUD) Project No(s): RZ-15-12-10 Commission District# 1 —John Grogan Background/Summary: On March 15, 2016, the City Commission reviewed and approved the Second Amendment to the Arbours at Crown Point PUD and corresponding Land Use Plan for the subject property. On April 19, 2016, the Preliminary/Final Site Plan for Ocoee West Road Charter School at Arbours at Crown Point PUD was approved by the City Commissioners, as presented. Subsequently, the approval provided for amending certain Conditions of Approval (COAs) relating to the responsibilities for the Ocoee West Road Charter School. Staff supports the requested changes, as requested. Issue: Should the Honorable Mayor and Commissioners approve the Second Amendment to the Development Agreement for Arbours at Crown Point PUD? Staff Recommendation: Staff recommends that the Mayor and City Commissioners approve the Second Amendment to the Development Agreement for Arbours at Crown Point PUD. Attachments: Second Amendment to the Development Agreement(Arbours at Crown Point PUD) Financial Impact: None. Type of Item : (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading ' Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. X N/A Reviewed by ( ) N/A THIS INSTRUMENT PREPARED BY: Dana Crosby-Collier,Esq. SHUFFIELD LOWMAN&WILSON,P.A. 1000 Legion Place,Suite 1700 Orlando,FL 32801 (407)581-9800 AFTER RECORDING RETURN TO: CITY OF OCOEE,City Clerk 150 N.Lakeshore Drive Ocoee,FL 34761 (407)905-3100 For Recording Purposes Only SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (ARBOURS AT CROWN POINT PUD—PARCEL 2 PROPERTY) THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment") is made and entered into as of the day of , 2016, by and between RED APPLE AT OCOEE LLC, a Florida limited liability company, whose mailing address is 800 Corporate Drive, Suite 124, Ft. Lauderdale, Florida 33334 (hereinafter referred to as "Parcel 2 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"). WITNESSETH: WHEREAS, the City, W.O.R.Y. Investors LLC, a Florida limited liability company, and Thomas Milton West, collectively the "Prior Owners") previously entered into that certain Development Agreement dated October 1, 2013, as recorded in Official Records Book 10647, Page 4817, Public Records of Orange County, Florida(the "Development Agreement"); and WHEREAS, the City and Prior Owners previously entered into that certain First Amendment to Development Agreement dated March 18, 2014, as recorded in Official Records Book 10720, Page 9070, Public Records of Orange County, Florida (the "First Amendment" and together with this Amendment, the "Amended Development Agreement"). The Development Agreement and the First Amendment defined certain Property, as defined therein, consisting of Parcel 1 and Parcel 2, both also defined therein; and WHEREAS, ownership of both the Parcel 1 and Parcel 2 has changed, and the Parcel 2 Owner is the current fee simple title owner of Parcel 2; and WHEREAS, following adoption of the First Amendment hereto, the Development Agreement provided that the Property would be developed consistent with the Development Agreement and the Final Plans as amended by that certain Amendment to Land Use Plan, Arbours at Crown Point PUD prepared by Miller Legg, date stamped as received by the City on March 16, 2014 and approved by the City on March 8, 2014, under Agenda Section H, Item 5a, with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting (the "Final Plans"); and WHEREAS, an amendment to several conditions and the Final Plans is now appropriate; and WHEREAS, the City has determined that the execution of this Amendment is essential to the public health, safety and welfare and the ability of the City to plan for the development of the Property; and WHEREAS, the City and the Parcel 2 Owner desire to execute this Amendment in order to evidence their mutual agreement as to certain matters related to the development of the Parcel 2 Property in accordance with the Final Plans. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals; Definitions. The above recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined or described in the Amended Development Agreement or the Final Plans, unless otherwise indicated. The term "Final Plans" shall mean and refer to the "Final Plans" defined in this Amendment and not the "Final Plans" defined in the Development Agreement or First Amendment, unless otherwise specified. Section 2. Modification to Final Plans. The Property shall be developed consistent with the Amended Development Agreement and the Final Plans as amended by that certain Amendment to Land Use Plan, Arbours at Crown Point PUD prepared by Kimley Horn, date stamped as received by the City on April 20, 2016, and approved by the City Commission in a Special Session relating to Arbours at Crown Point PUD on March 15, 2016, with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting. Section 3. Conditions of Approval. The Parcel 2 Property shall be developed in accordance with and are made subject to those certain Conditions of Approval attached hereto as Exhibit "A" and by this reference made a part hereof(the "Conditions of Approval"). The Parcel 2 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 "A" replace in their entirety those Conditions of Approval attached to the Development Agreement as Exhibit "D" and are the same Conditions of Approval set forth in the Final Plans. Section 4. Proposed Development/Impact Fees. Notwithstanding anything contained in the Amended Development Agreement to the contrary, including Section 4(A) thereof, the Proposed Development of the Parcel 1 Property remains at two hundred forty (240) apartment units on the Parcel 1 Property, as provided for in the First Amendment, and sixty-nine thousand (69,000) square feet of non-residential space (a school) on the Parcel 2 Property. With regard to the Parcel 2 Property, the Parcel 2 Owner agrees to pay the following: (A) Notwithstanding any applicable exemption based on use of the Parcel 2 Property, a one-time payment in lieu of taxes to the City in a lump sum amount of$200,000.00 to be paid prior to the execution of this Amendment. (B) Notwithstanding any applicable exemption based on use of the Parcel 2 Property, a one-time payment of police and fire impact fees in the amount of $128,150.00 together with other permit review and issuance fees when such fees would normally be paid; and (C) Contemporaneous with the execution of this Amendment, the Parcel 2 Owner shall submit to the City a signed attorney opinion letter in form and substance reasonably approved by the City opining that the payment obligations set forth above in (A) and (B) are legally binding and enforceable obligations on the Parcel 2 Owner. Section 5. Allocation of Daily Trips. Section 4(C) and 4(D) are hereby deleted in their entirety and replaced with the following: (C) The Proposed Development is anticipated to generate 5,161 new net daily trips (the "Net Daily Trips"). Of those Net Daily Trips, the Parcel 1 Property shall be entitled to utilize 739 net daily trips, and per this Amendment the Parcel 2 Property shall be entitled to utilize 4,422 net daily trips. (D) At no cost or expense to the City, the Parcel 2 Owner shall cause that a signal warrant analysis be performed for the West Road/Fountains West Boulevard intersection at the following intervals: (1) within six (6) months of issuance of the first temporary or final certificate of occupancy for the Parcel 2 Property; and (2) within six (6) months of issuance of the first temporary or final certificate of occupancy for the Parcel 1 Property; and (3) within six (6) months of the school on the Parcel 2 Property reaching eighty percent (80%) of its enrollment capacity of 1,145 students. All costs associated with the signal warrant analysis shall be paid by the Parcel 2 Property Owner. In the event a traffic signal is warranted at any time, the City shall have no financial responsibility for the design or installation of such traffic signal and associated roadway modifications; the cost of those improvements shall be resolved between the Parcel 2 Owner and Orange County. Section 4(E) is added as follows: (E) In the event the Parcel 2 Owner or City determines that traffic relating to the Parcel 2 Development is affecting the safe and normal flow of traffic near the Property, then the Parcel 2 Owner shall provide off-duty police officers to direct traffic at its sole cost and expense. Section 6. Trip Generation. Section 5 is hereby deleted in its entirety and replaced with the following: Section 5. Development Limitation Based on Transportation Impact. Notwithstanding any provision contained herein to the contrary, the Parcel 1 Property shall be developed in such a manner so as to generate no more than 739 net daily trips and the Parcel 2 Property shall be developed in such a manner so as to generate no more than 4,422 net daily trips, as calculated on the basis of the 9th edition of the ITE Manual and the City's Transportation Impact Fee Update as referenced in Section 87-2 of the Ocoee City Code. Section 7. Fountains West Boulevard. The following new Section 19 is added to the Amended Development Agreement: Section 19. Fountains West Boulevard. (A) As required by the First Amendment and other previously approved and adopted City approval documents, that portion of Fountains West Boulevard on the Parcel 1 Property ("Segment 1") shall be constructed by the Parcel 1 Owner, at the Parcel 1 Owner's sole cost and expense, and conveyed to and accepted by the City prior to and as a condition precedent to receipt of the first temporary or final certificate of occupancy being issued for either the Parcel 1 Property or the Parcel 2 Property. Pursuant to this Amendment, that portion of Fountains West Boulevard on the Parcel 2 Property ("Segment 2") shall be constructed by the Parcel 2 Owner, at the Parcel 2 Owner's sole cost and expense, and conveyed to and accepted by the City prior to and as a condition precedent to receipt of the first temporary or final certificate of occupancy being issued for the Parcel 2 Property. Notwithstanding the construction, conveyance, and acceptance of Segment 2, Segment 2 shall remain closed to the public from the eastern edge of the 20' emergency access area on the Parcel 1 Property, as extended, to the eastern edge of Segment 2 on the Parcel 2 Property until such time as the City deems it appropriate, in the City's sole discretion, to open such portion. As part of the improvements to Segment 2, the Parcel 2 Owner shall construct a gate across Segment 2 just past the eastern edge of the emergency access area on the Parcel 1 Property, as extended, to prevent vehicular access over the portion of Segment 2 east of such gate. In the event any easements or permissions become necessary from the Parcel 1 Owner in order to accomplish construction of said gate, the Parcel 2 Owner agrees to obtain those independently of this Agreement. The gate shall remain locked at all times and shall contain signage designated by the City indicating that the road is for emergency access only, is not open for access and parking, etc. (B) Within twenty (20) days of receipt of a written request from the City, the Parcel 2 Owner will, at its sole cost and expense, prepare and provide the City with a metes and bounds legal description and sketch of description of Segment 2. The aforesaid legal descriptions and sketches shall be certified to the City and shall be subject to the review and approval of the City. Prior to the conveyance of Segment 2 to the City, the Parcel 2 Owner, respectively, shall be solely responsible for Segment 2, including but not limited to the maintenance thereof and the payment of all applicable taxes. (C) Segment 2 shall be conveyed by the Parcel 2 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. The Parcel 2 Owner shall, contemporaneously with the dedication and conveyance of Segment 2 to the City, provide to the City, a current title commitment, to be followed by a policy of title insurance, evidencing that fee simple title to the segment is free and clear of all liens and encumbrances except for those matters acceptable to the City. The policy amount of the title insurance policy shall be the maximum amount of coverage ($17,300.00) for the minimum premium ($100.00). The costs and expenses related to the conveyance and dedication of Segment 1 and Segment 2, including the cost of title work, shall be borne solely by the Parcel 2 Owner. Real property taxes Segment 2 shall be prorated as of the day before the City's acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to the Parcel 2 Owner shall be paid and escrowed by the Parcel 2 Owner in accordance with the provisions of Section 196.295, Florida Statutes; provided, however, that if the conveyance occurs between November 1 and December 31, then the Parcel 2 Owner shall be responsible for the real property taxes for the entire year. (D) The Parcel 2 Owner, its successors and assigns, or any other person or entity, shall not be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with respect to the required conveyance of Segment 2 to the City. Section 8. Ratification of Prior Agreements. Except as amended hereby, the Amended Development Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Amended Development Agreement. All references herein to the Amended Development Agreement shall refer to the Development Agreement as amended by this Amendment and the First Amendment unless the text or context indicates otherwise. In the event of any conflict between the Development Agreement, the First Amendment, and this Amendment it is agreed that this Amendment shall control. Section 9. Covenant Running with the Land. This Amendment shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 10. Recordation of Amendment. The parties hereto agree that an executed original of this Amendment shall be recorded by the City, at the Parcel 2 Owner's expense, in the Public Records of Orange County, Florida. Section 11. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 12. Effective Date. This Amendment shall first be executed by the Parcel 2 Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Amendment shall be executed by the City. The Effective Date of this Amendment shall be the date of execution by the City. Section 13. Applicability. This Amendment relates solely to the requirements for Parcel 2. All previously approved requirements and obligations relating to Parcel 1, as previously approved by the City, are unaffected by the approval of this Amendment by the City. [signature pages to follow] IN WITNESS WHEREOF, the Parcel 2 Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. Signed, sealed and delivered PARCEL 2 OWNER: in the presence of: RED APPLE AT OCOEE LLC, a Florida limited liability company By: Print Name: Print Name Its: Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , as the of RED APPLE AT OCOEE LLC, a Florida limited liability company, who I 1 is personally known to me or I 1 produced as identification, and that he/she acknowledged executing the same on behalf of said company in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 201 . Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): CITY OF OCOEE By: Rusty Johnson, Mayor ATTEST: City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON ,.2016 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2016. SHUFFIELD, LOWMAN & WILSON, P.A. 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 RUSTY JOHNSON and , 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 , 2016. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires (if not legible on seal): EXHIBIT "A" Conditions of Approval GENERAL 1. THE CITY OF OCOEE, FLORIDA (THE CITY IS SUBJECT TO THE TERMS, PROVISIONS AND RESTRICTIONS OF FLORIDA STATUTES, CHAPTER 163, CONCERNING MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY OR ITSELF FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHALL BE CONSTRUED AS SUCH AN EXEMPTION. 2. THIS PROJECT SHALL BE DEVELOPED AS TWO (2) PARCELS AS IS DESCRIBED IN MORE DETAIL ON THAT CERTAIN PUD.LAND USE PLAN FOR ARBOURS AT CROWN POINT PUD, PREPARED BY VHB MILLERSELLEN, AND APPROVED BY THE CITY ON SEPTEMBER 17, 2013, AS AMENDED BY THAT CERTAIN AMENDED AND RESTATED LAND USE PLAN FOR ARBOURS AT CROWN POINT PUD, PREPARED BY MILLER LEGG, AND APPROVED BY THE CITY OF MARCH 18, 2014. PARCEL A INCLUDES DEVELOPMENT OF THE APARTMENT COMPLEX AND PARCEL B INCLUDES THE DEVELOPMENT OF THE SCHOOL SITE. 3. EACH PARCEL WILL STAND ON ITS OWN WITH RESPECT TO PUBLIC SERVICES (SEWER, WATER, STORMWATER MANAGEMENT, ACCESS AND OTHER RELATED SERVICES). PARCEL A AND PARCEL B MAY HAVE DIFFERENT OWNERS, BUT EACH PARCEL SHALL BE WHOLLY OWNED AND NOT FURTHER SUBDIVIDED WITHOUT THE CONSENT AND APPROVAL OF THE CITY. NEITHER PARCEL SHALL HAVE A PROPERTY OWNERS ASSOCIATION OWNING ANY PORTION OF THE PROPERTY. 4. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THE PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE OF ORDINANCES (THE CODE) WHICH CODE INCLUDES CHAPTER 180, THE CITY OF OCOEE LAND DEVELOPMENT CODE (THE LAND DEVELOPMENT CODE ). 5. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH ON A WAIVER TABLE OR EXPLICITLY SET OUT ON THE PLAN. 6. ANY DAMAGE CAUSED TO ANY PUBLIC STREETS AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT SHALL BE PROMPTLY REPAIRED BY THE RELEVANT OWNER PERFORMING THE CONSTRUCTION TO THE APPLICABLE GOVERNMENTAL STANDARDS AT THAT OWNER'S SOLE COST AND EXPENSE. 7. THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC STREETS EXCEPT AT THE APPROVED LOCATIONS SHOWN THIS PLAN. 8. ALL EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND UTILITY FACILITIES, WITH THE EXCEPTION OF THOSE IN EXISTING POWERLINE EASEMENTS) WILL BE REMOVED AND/OR TERMINATED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES. 9. DEVELOPMENT OF THIS PROPERTY IS SUBJECT TO THAT CERTAIN DEVELOPMENT AGREEMENT (ARBOURS AT CROWN POINT PUD) DATED OCTOBER 1, 2013, AS RECORDED IN OFFICIAL RECORDS BOOK 10647, PAGE 4817, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AS AMENDED BY THAT FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (ARBOURS AT CROWN POINT PUD) DATED MARCH 18, 2014, AS RECORDED IN OFFICIAL RECORDS BOOK 10720, PAGE 9070, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AS AMENDED BY THAT SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (ARBOURS AT CROWN POINT PUD) DATED _, 2016, AS RECORDED IN OFFICIAL RECORDS BOOK , PAGE , PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. 10. INTENTIONALLY DELETED. 11. PARKING FOR INDIVIDUAL LOTS SHALL BE PROVIDED IN ACCORDANCE WITH THE LAND DEVELOPMENT CODE. 12. EACH FIRE HYDRANT SHALL BE PAINTED OSHA YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT. 13. THE OWNER OF EACH PARCEL SHALL BE RESPONSIBLE FOR INSTALLING REUSE LINES ALONG WITH THE OTHER SUBDIVISION INFRASTRUCTURE. AT SUCH TIME AS REUSE WATER IS AVAILABLE TO THE PROPERTY, THE OWNER OF EACH PARCEL SHALL BE RESPONSIBLE FOR CONNECTION TO THE REUSE SYSTEM LINES. 14. PURSUANT TO THE LAND DEVELOPMENT CODE, ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WITH THE LEGALLY ASSIGNED NAME OF THE SUBDIVISION. ANY SUBSEQUENT CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE CITY COMMISSION OF THE CITY. 15. TO THE EXTENT THIS PLAN AND THESE CONDITIONS OF APPROVAL CONFLICT WITH THE LAND DEVELOPMENT CODE, THE PROVISIONS OF THIS PLAN AND THESE CONDITIONS OF APPROVAL SHALL CONTROL. 16. TO THE EXTENT ANY LIFT STATIONS ARE REQUIRED ON THE PROPERTY, ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK, VINYL CHAIN LINK FENCE, WITH POSTS AND RAILS PAINTED BLACK, AND SHALL BE SET BACK NO LESS THAN 25' FROM ANY STREET. SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH A HEDGE-TYPE SHRUBBERY, SUCH AS VIBURNUM OR LIGUSTRUM. TREES 17. EXISTING TREES EIGHT FEET (8') OR LARGER (OTHER THAN CITRUS TREES OR TRASHTREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER WALLS, IF ANY, OR ROAD RIGHT-OF-WAY LINES WILL BE PRESERVED IF AT ALL POSSIBLE; THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS STREET TREES. 18. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE EXISTING PROTECTED TREES. FOR LOTS OR TRACTS CONTAINING PROTECTED TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON THE SAME EXCEPT AS SPECIFIED IN THIS PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR THOSE LOTS/TRACTS. 19. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING ROAD RIGHT-OF-WAY AND RETENTION AREAS AS DETAILED IN THIS 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 TOBE REMOVED. 20. IN ORDER TO ENSURE THAT AS MANY EXISTING PROTECTED TREES AS POSSIBLE WILL BE PRESERVED, ALL ROAD RIGHTS-OF-WAY AND RETENTION AREAS WILL BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY PROTECTED TREE REMOVAL. NO CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN CLEARLY MARKED WITH TREE PROTECTION BARRIERS. 21. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY PROTECTED TREES WITHOUT FIRST OBTAINING A PERMIT FROM THE BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION SHALL BE GRANTED TO REMOVE A PROTECTED TREE IF THE OWNER REQUESTING REMOVAL HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE THE PROTECTED TREES ON ITS PARCEL. 22. THE FINAL GRADING PLAN WILL PRESERVE EXISTING GRADES ON INDIVIDUAL LOTS AND TRACTS CONTAINING PROTECTED TREES AS MUCH AS POSSIBLE. 23. ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN AUTOMATIC RAIN SENSOR. EASEMENTS/UTILITIES 24. ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE PROVIDED PRIOR TO OR AT THE TIME OF PLATTING. 25. ALL UTILITIES WILL BE PLACED AROUND EXISTING PROTECTED TREES TO BE PRESERVED. 26. WITH THE EXCEPTION OF ANY UTILITIES LOCATED IN THE EXISTING POWERLINE EASEMENTS, ALL UTILITIES INCLUDING ELECTRICAL, CABLE, TV, AND TELEPHONE SHALL BE PLACED UNDERGROUND. 27. INTENTIONALLY DELETED. 28. INTENTIONALLY DELETED. 29. DRAINAGE EASEMENTS BETWEEN LOTS AND TRACTS ARE SHOWN FOR LOCATION ONLY. FINAL EASEMENT DIMENSIONS WILL BE SHOWN ON THIS PLAN AND WILL BE SIZED TO MEET CITY REQUIREMENTS. 30. A PERPETUAL, NON-EXCLUSIVE ACCESS EASEMENT OVER ALL INTERNAL ROADWAYS AND OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR OF THE CITY AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, FIRE AND OTHER EMERGENCY SERVICES. THE CITY MAY REQUIRE THAT EACH OWNER EXECUTE AN EASEMENT IN RECORDABLE FORM WITH RESPECT TO THE FOREGOING. 31. AN EMERGENCY ACCESS EASEMENT TO THE RETENTION PONDS AND OVER ALL DRAINAGE EASEMENTS SHOWN HEREON IS HEREBY GRANTED TO THE CITY FOR EMERGENCY MAINTENANCE PURPOSES. THE EMERGENCY ACCESS EASEMENT WILL NOT IMPOSE ANY OBLIGATION, BURDEN, RESPONSIBILITY OF LIABILITY UPON THE CITY TO ENTER UPON THE PROPERTY IT DOES NOT OWN OR TAKE ANY ACTION TO REPAIR OR MAINTAIN THE DRAINAGE SYSTEM ON THE PROPERTY. ASSOCIATION 32. INTENTIONALLY DELETED. 33. INTENTIONALLY DELETED. 34. INTENTIONALLY DELETED. STREETS 35. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL. 36. INTENTIONALLY DELETED. 37. INTENTIONALLY DELETED. 38. INTENTIONALLY DELETED. 39. EACH OWNER SHALL CONSTRUCT APPROPRIATE CURBS CUTS TO ENABLE CONSTRUCTION OF RAMPS AT ALL RIGHTS-OF-WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. SIDEWALKS ABUTTING EACH PLATTED LOT OR TRACT SHALL BE CONSTRUCTED AT THE TIME OF DEVELOPMENT OF THE LOT OR TRACT. WHEN SIDEWALKS ARE CONSTRUCTED ON CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALKS WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT THE TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS. STORMWATER MANAGEMENT SYSTEM 40. ALL RETENTION PONDS WILL BE UNFENCED WITH MAXIMUM 5:1 SIDE SLOPES INTO THE POND. 41. THE DEVELOPMENT OF THIS PROJECT WILL INCORPORATE THE STORMWATER NEEDS OF ALL PUBLIC ROADS WITHIN THE PROJECT. 42. ALL BUILDING SETBACKS FROM ALL RETENTION AREAS SHALL BE FIFTEEN FEET (15') FEET FROM THE TOP OF THE BANK. 43. UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR, THE SWMS, INCLUDING ALL PIPES, INLETS, MANHOLES, STRUCTURES AND RETENTION PONDS, WILL BE OWNED, OPERATED AND MAINTAINED BY THE OWNER OF THE PARCEL IN WHICH THE STRUCTURE EXISTS. 44. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THESE CONDITIONS OF APPROVAL, EACH OWNER SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES LOCATED ON THEIR RESPECTIVE PARCEL, INCLUDING ALL RETENTION PONDS, UNTIL SUCH TIME AS: i. THE ENTIRE SWMS FOR THE PROJECT IS CONSTRUCTED AND THE APPROPRIATE CERTIFICATE OF COMPLETION IS ISSUED BY BOTH THE CITY AND THE SJRWMD; ii. INTENTIONALLY DELETED; iii. INTENTIONALLY DELETED; iv. THE CITY HAS BEEN PROVIDED WITH A COPY OF EACH OWNER'S PROPOSED MAINTENANCE PLAN WITH RESPECT TO THE SWMS; AND V. INTENTIONALLY DELETED. 45. INTENTIONALLY DELETED. WETLANDS/100 YEAR FLOOD PLAIN 46. ALL FINISHED FLOOR ELEVATIONS WILL EXCEED THE 100-YEAR FLOOD PLAIN BY A MINIMUM OF TWO FEET (2'). 47. EACH OWNER SHALL COMPLY WITH ALL REQUIREMENTS OF THE CITY AND OTHER GOVERNMENTAL ENTITIES WITH JURISDICTION TO PROTECT THE WETLANDS BEING PRESERVED AND TO PREVENT ANY DISTURBANCE, SILTATION, OR OTHER CONSTRUCTION BELOW THE NATURAL WETLAND LINES. FURTHER, THE AREAS BELOW THE NATURAL WETLAND LINES SHALL BE FENCED OFF (AND SILT FENCES SHALL BE INSTALLED) DURING CONSTRUCTION ACTIVITIES IMMEDIATELY ADJACENT TO THE WETLANDS, IN ORDER TO MINIMIZE DISTURBANCES OF THE WETLANDS DURING CONSTRUCTION. 48. WETLAND AND EXISTING SURFACE WATER IMPACT FOR THIS PROPERTY IS REGULATED BY SJRWMD AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. GENERAL OR INDIVIDUAL PERMITS ARE REQUIRED FROM THESE AGENCIES PRIOR TO COMMENCEMENT OF CONSTRUCTION. 49. INTENTIONALLY DELETED. COMMERCIAL PROJECTS 50. INTENTIONALLY DELETED. 51. INTENTIONALLY DELETED. SINGLE•FAMIL Y RESIDENTIAL PROJECTS 52. INTENTIONALLY DELETED. 53. INTENTIONALLY DELETED. MULTIFAMILY PROJECTS 54. INTENTIONALLY DELETED. 55. INTENTIONALLY DELETED. 56. INTENTIONALLY DELETED. 57. INTENTIONALLY DELETED. 58. INTENTIONALLY DELETED. WEKIVA STUDY AREA 59. FOR DEVELOPMENT OR REDEVELOPMENT OF PROPERTY LOCATED OUTSIDE THE OCOEE COMMUNITY REDEVELOPMENT AREA (CRA) BUT WITHIN THE WEKIVA STUDY AREA ( WSA )BOUNDARY, AND WITH THE EXCEPTION OF A SINGLE-FAMILY HOME ON AN EXISTING LOT, THOSE PORTIONS OF PROPERTIES THAT CONTAIN AT LEAST ONE (1) OF THE THREE (3) FOLLOWING RESOURCES: (I) MOST EFFECTIVE RECHARGE AREAS, (II) KARST FEATURES, OR (III) SENSITIVE NATURAL HABITATS INCLUDING LONG LEAF PINE, SAND HILL, XERIC OAK SCRUB, OR SAND PINE SCRUB VEGETATIVE COMMUNITIES, ARE BE SUBJECT TO A MINIMUM THIRTY-FIVE PERCENT (35%) WEKIVA OPEN SPACE REQUIREMENT. 60. OPEN SPACE REQUIRED TO BE PRESERVED WITHIN THE WSA BOUNDARY IS DEFINED AS: ANY PORTION OF A PARCEL OR AREA OF LAND THAT REMAINS UNDEVELOPED, OR MINIMALLY DEVELOPED, SUCH AS TRAILS AND BOARDWALKS AS PART OF A NATURAL RESOURCE PRESERVE OR RECREATION AREA, STORMWATER RETENTION AREAS THAT FOLLOW BEST MANAGEMENT PRACTICES (BMPS), UPLAND BUFFER RETENTION SWALES (PER POLICY 7.7.3), NATURALLY VEGETATED AREAS, AND TRACTS FOR PEDESTRIAN CONNECTIONS. SUCH DESIGNATED OPEN SPACE EXCLUDES WATERBODIES, LOTS, STREET RIGHTS OF WAY, PARKING LOTS, IMPERVIOUS SURFACES AND ACTIVE RECREATION AREAS INCLUDING GOLF COURSES. ALL WEKIVA OPEN SPACE AREAS SHALL BE RESTRICTED TO PROHIBIT USE OF FERTILIZER AND CHEMICAL APPLICATIONS, BUT MAY PERMIT MECHANICAL METHODS FOR ROUTINE MAINTENANCE. RULE 9J-5.003(84), F.A.C. [WEKIVA PARKWAY AND PROTECTION ACT (WPPA): CH. 369.321(3), F.S.] NATURALLY VEGETATED SWALES ARE REQUIRED TO BE PLACED WITHIN THE UPLAND BUFFERS SURROUNDING LAKES OR WETLANDS. THE PURPOSE OF THESE SWALES IS TO IMPROVE THE WATER QUALITY OF THE STORMWATER RUNOFF AND ENSURE THAT THE SWALE FILLS AND EXFILTRATES INTO THE SOIL SO THAT THERE IS NO SHEET FLOW INTO THE LAKE OR WETLAND. THIS METHOD OF WATER QUALITY IMPROVEMENT SHALL MIMIC THE ABSORPTION AND POLLUTANT REMOVAL ABILITIES OF A NATURAL LOW SPOT IN THE TOPOGRAPHY AND MUST FOLLOW ACCEPTED BEST MANAGEMENT PRACTICES (BMPS). STORMWATER RUNOFF FROM DEVELOPED LANDS ADJOINING WETLANDS, LAKES AND/OR FLOODPLAIN AREAS SHALL BE DIVERTED TOWARDS SWALES, HOLD THE RUNOFF, AND THEN ALLOW IT TO SLOWLY RELEASE INTO THE SOIL COLUMN. [WEKIVA PARKWAY AND PROTECTION ACT (WPPA): CH. 369.321(3), F.S.] WEST ORANGE TRAIL 61. A PUBLIC TRAIL TRACT AS DEPICTED ON THE PLAN SHALL BE DEDICATED TO THE CITY AT THE TIME OF PLATTING FOR CONNECTION THROUGH THE PROPERTY TO THE WEST ORANGE TRAIL.