HomeMy WebLinkAboutItem #04 Arden Park Land Use Plan/PUD Rezoning OrdinanceCentex of Good Liv
AGENDA ITEM STAFF REPORT
Meeting Date: November 21, 2006
Item # " j
Reviewed By:
Contact Name: Bobby Howell Department Director: Li J,,
Contact Number: 407-905-3100/1044 City Manager:
Subject: Arden Park Land Use Plan / PUD Rezoning Ordinance
Project # RZ-04-08-01
Commission District # 4 — Joel F. Keller
Issue:
Should the Honorable Mayor and City Commissioners approve the Land Use Plan and PUD Rezoning
Ordinance for Arden Park?
Background Summary:
The subject property is located on the north and south sides of Clarcona-Ocoee Road, west of Hobson Road,
and east of Ingram Road. The subject property is 411.9 acres in size and is currently zoned R-1AA (Single -
Family Dwelling). The Future Land Use Map designates the property as Low Density Residential, with areas
around Lakes Sims, Meadow, and Trout designated Conservation/Floodplains.
To the north is property within the City that is zoned R-1AA, and property that is in unincorporated Orange
County and is zoned agricultural. Both properties have a future land use designation of Low Density
Residential. To the south is property that is in unincorporated Orange County that is zoned agricultural with a
future land use designation of Low Density Residential and Conservation. From the portion of the property that
is north of Clarcona-Ocoee Road, the properties to the west are in the City and consist of a golf course, an
existing residential area, and a residential development, which is currently under construction. The properties
have future land use designations of Recreation and Low Density Residential respectively. To the east is
property that is within the City and is zoned Low Density (PUD) with a future land use designation of Low
Density Residential. To the south of Clarcona-Ocoee Road the properties to the east and the west are in
unincorporated Orange County with an agricultural zoning and have future land use designations of Low
Density Residential.
Clarcona-Ocoee Road and the West Orange Trail bisect the property dividing it into north/south zones. Lake
Sims is in the center of the northern portion of the property, a portion of Meadow Lake is on the southern
portion of the property, and Trout Lake is in the northeast corner of the portion of the property north of
Clarcona-Ocoee Road. The property slops downward toward each of the lakes, with each lake having an
associated wetland system. There is a natural spring that is in the northwestern area of the property within the
vicinity of Ingram Road. There are rows of planted pine trees along the northern and eastern portions of the
property, and a cleared area that consists of abandoned agricultural buildings along the western portion of the
property that fronts Ingram Road. The property exhibits significant topographic relief.
DISCUSSION:
The request is to rezone the property to PUD (Planned Unit Development). The land use plan that was
submitted for approval proposes 925 dwelling units mixed between single-family and townhome units with a
maximum density of 2.96 dwelling units per acre.
This density is consistent with the underlying land use and represents a similar density contained in a
conventional single-family development. The plan proposes development of the project in six phases.
The developer has proposed an enhancement plan for the wetland and floodplain areas around Lakes Sims
and Meadow. An assessment indicates areas of invasive/exotic vegetation within the wetland and floodplain
areas of these lakes. This plan details the removal of all invasive vegetation, and details replacement of such
vegetation types with pickerelweed and Bald Cypress trees. A maintenance program is proposed for the
enhanced wetland and floodplain areas to ensure that these areas are free from invasive/exotic vegetation.
Additionally, the developer has proposed areas of limited grading to allow preservation of many specimen trees
exceeding 24-inches in diameter throughout the property. During development activity in these areas, these
trees will be protected with tree protection zones. The areas of limited grading are located in southwest
quadrant of the portion of the site that is south of Clarcona-Ocoee Road, along the west side of Lake Sims on
the northern portion of the site, and throughout a sizeable portion of the eastern portion of the site adjacent to
the Clarke Road extension.
The land use plan indicates the townhomes will be constructed in Phases 2 and 5, with a minimum square
footage of 1,300 square feet, and a minimum lot size of 20' x 110'. Access to the townhomes will be via
alleyways. The single-family units will be constructed in all 6 phases, with a minimum square footage of 1,400
square feet. According to the plan summary by phase contained within the land use plan, there will be 475, 55'
x 125' single-family lots with units averaging 2,200 square feet in size, 26, 75' x 125' single-family lots with units
averaging 2,500 square feet in size, and 94, 85' x 125' single-family lots with units averaging 3,000 square feet
in size. Elevations that were submitted by the developer indicate housing styles for the single-family units will
range from Spanish Eclectic to Craftsman, and will consist of French Country, Cottage Farm, and Craftsman
styles for the townhomes. Each of the 925 lots will be graded on an individual basis to allow for increased tree
protection on the site.
The developer has agreed to construct a portion of the proposed Clarke Road extension along the eastern
portion of the northern portion of the property, and will dedicate varying widths of right-of-way for the road. The
main access point will be constructed along this segment of Clarke Road. In addition, the land use plan
indicates approximately 15 acres will be dedicated to the School Board for an elementary school. The
elementary school site will be accessed from the Clarke Road extension at a secondary entry point.
Access to the remaining northern portion of the development will be from 2 points, one on Clarcona-Ocoee
Road, and one on Ingram Road. The developer has indicated that right-of-way will be dedicated along Ingram
Road to maintain a 60-foot wide right-of-way. Orange County has indicated that Clarcona-Ocoee Road will be
widened into a 4-lane segment throughout this area. The property owner has reserved a sufficient amount of
right-of-way to maintain a 180-foot section of right-of-way along Clarcona-Ocoee Road to allow for the future
widening. On the portion of the property that is north of Clarcona-Ocoee Road, the access points will converge
into a loop road that will circle the perimeter of Lake Sims. As each phase is constructed, access roads leading
from the loop road to each individual phase will be constructed, thus forming the internal street network. The
developer will be responsible for curb, gutter, and drainage improvements along the portion of Ingram Road that
abuts the northern portion of the development, and for the full cost of a traffic signal at the intersection of
Clarcona-Ocoee Road and the Clarke Road in lieu of dedicating right-of-way for the widening of Clarcona-
Ocoee Road. Turning lanes will be provided at each entrance consistent with the traffic mitigation Table-1.
The land use plan designates a large area around the perimeter of Lake Sims for amenities for the portion of
the property that is north of Clarcona-Ocoee Road, and a smaller area for the portion of the property that is
located south of Clarcona-Ocoee Road. The area around Lake Sims will contain a community meeting room,
swimming pool, gazebos, tot lot, barbeque area, workout circuit, and basketball court. The homeowners
association will be responsible for maintenance of these amenities. This area will be contained within a
preservation area that is associated with the wetlands and 100-year floodplain areas that surround the lake.
The portion of the property that is south of Clarcona-Ocoee Road will have a tot lot and picnic pavilion as
amenities. In addition, stormwater facilities are proposed to be constructed within the 100-year floodplain of
Lakes Sims and Meadow on both the northern and southern portions of the property.
The land use plan proposes buffering around the perimeter of the entire property, and around Lakes Sims and
Meadow. A 6-foot high brick wall with associated landscaping will be provided along the areas that abut
Clarcona-Ocoee Road, the West Orange Trail, Ingram Road, the Clarke Road extension along the northern
portion of the property, and the area along the western portion of the property located south of Clarcona-Ocoee
Road. A 6-foot high PVC fence with associated landscaping will be provided along the northern boundary of the
property on the northern side of Clarcona-Ocoee Road, the existing residential area located along Ingram
Road, and along the eastern and southern portions of the project that is located south of Clarcona-Ocoee
Road. As mentioned above, buffers will be provided around Lakes Sims and Meadow in addition to the required
25-foot wetland/floodplain buffer. These buffers will be provided to assist in enhancement of the wetland
systems that are associated with these lakes, and will be comprised of plant types that are conducive to
wetland environments such as Bald Cypress trees and cordgrass.
In addition to property being divided by Clarcona-Ocoee Road, the northern boundary of the City's utility service
boundary bisects the property along Clarcona-Ocoee Road. Water and sewer services for the northern portion
of the property will be provided by Orange County, with the City of Ocoee providing services on the portion of
the property that is south of Clarcona-Ocoee Road. The developer has indicated that Orange County Utilities
has verbally confirmed that a 16-inch water main is planned for construction along Ingram Road, which would
serve the property. In addition, the City will provide reuse services to the property for irrigation purposes. The
reuse lines will be supplied from the extension of the existing reuse system along Clarke Road.
The City has worked with the developer to preserve and enhance the natural beauty of the site. Natural site
amenities such as a spring on the northern portion of the site, a 2 Y2 acre pond on the southern portion of the
site, and a majority of all trees over 24-inches in diameter on the site will be preserved. Environmental
enhancements around Lakes Sims and Meadow will be performed. Many of the preservation and enhancement
activities that will be undertaken require the development of the property in a manner that is not consistent with
the requirements of the Land Development Code. Waivers from certain requirements of the Land Development
Code have been requested to allow the proposed preservation and enhancement activities to occur on site. In
addition to these waiver requests, a waiver has been requested to allow deferment of the construction of the
Community Meeting Room to the time the 200th Certificate of Occupancy has been issued. The waiver
requests have been provided in Table 2 of the land use plan.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on September 18, 2006 and reviewed the PUD Land Use
Plan. The applicant was notified that additional fees had accrued and must be paid prior to the project going to
Planning & Zoning Commission. It was discussed between staff and the applicant that phases of the project
could be developed out of sequence due to issues with on -site drainage that have yet to be satisfied. In
addition, the schedule for construction of the Clarke Road extension, and responsibility for the signal at the
intersection of the Clarke Road extension and Clarcona-Ocoee Road were discussed. It was conveyed to the
applicant that issues related to the signal should be coordinated with Orange County.
The DRC voted unanimously to recommend approval of the PUD Land Use Plan subject to all changes that
were discussed, and subject to the resolution of all the outstanding items being satisfied prior to the request
being scheduled for Planning & Zoning Commission approval.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The proposed Arden Park Land Use Plan / PUD Rezoning was reviewed at a Public Hearing by the Planning
and Zoning Commission on October 10, 2006. City Staff and the Applicant answered several questions
regarding tree preservation, proposed littoral zones, wetlands, conservation areas, the future roadway
widening, alignments and extensions. The northern abutting property owner had several questions about the
proposed grading in relationship to his property. The applicant's engineer answered his questions accordingly
stating the property will be graded in a fashion that it will drain into Trout Lake. The abutting property owner
appeared to be satisfied with the responses to his questions.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously (8-0) to recommend
approval of the Arden Park Land Use Plan / PUD Rezoning.
Staff Recommendation:
Based on the recommendation of the DRC and the Planning & Zoning Commission, Staff respectfully
recommends that the Honorable Mayor and City Commissioners approve an ordinance rezoning the property
from City of Ocoee R-1AA (Single -Family Dwelling) to PUD based upon approval of the Land Use Plan, as date
stamped received by the City on October 27, 2006; subject to 1) the developer agreeing to the timing and
payment of the required traffic signal at the intersection of Clarke Road and Clarcona-Ocoee Road by
incorporating a revised Condition of Approval 48 (xv) as attached; 2) adding the transition of an 80-foot section
of right-of-way from a 110-foot section along Clarke Road and identifying the width of each right-of-way section
in Table 1; and 3) noting the correct property owner on the second page of the plans.
Attachments:
Location Map;
Surrounding Zoning Map;
Surrounding Future Land Use Map;
Revised Condition of Approval 48 (xv);
PUD Rezoning Ordinance;
Draft Development Agreement;
PUD Land Use Plan date -stamped October 27, 2006.
Financial Impact:
None
Type of Item: (please mark with an x')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
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
Reviewed by Finance Dept.
Reviewed by ( )
For Cleric's Dept Use:
Consent Agenda
X Public Hearing
Regular Agenda
_ N/A
X N/A
N/A
AR
N RA
Arden Park
Location Map
LAKE SIMS
LAKE MEADOW
TROUT LAKE
I I I1
Arden Park
Surrounding Zoning Map
() ��OQntM o�f"'G�o]}o�dsLtq„
Ocoee Community Development
Department
1 inch equals 1,000 feet
330165 0 330 660 990 Feet
Printed: September 2006
13Subject Property
Unincorporated Territory
®and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
Suburban (A-2)
Single -Family Dwelling (R-1AAA)
Single -Family Dwelling (R-1AA)
Single -Family Dwelling (R-1A)
Single -Family Dwelling (R-1)
One- & Two -Family Dwelling (R-2)
® Multiple -Family Dwelling (R-3)
Mobile Home Subdivision (RT-1)
Professional Offices & Services (P-S)
Neighborhood Shopping (C-1)
Community Commercial (C-2)
General Commercial (C-3)
Restricted Manufacturing
go & Warehousing (1-1)
General Industrial (1-2)
Commercial (PUD)
Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
Unclassified
Lakes and Water Bodies
Arden Park
Surrounding Future Land Use Map
() aL,v
Ocoee Community Development
Department
1 inch equals 1,000 feet
320160 0 320 640 960 Feet
Printed: September 2006
QSubject Property
Unincorporated Territory
® and Other Municipalties
Low Density Residential
Medium Density Residential
High Density Residential
Professional Offices and Services
Commercial
Light Industrial
Heavy Industrial
Conservation/Floodplains
Recreation and Open Space
Public Facilities/Institutional
Lakes and Water Bodies
Revised Condition of Approval 48 (xv)
As the Developer's contribution towards signalization of the Intersection, the Developer
will pay to the City a cash payment of $250,000 on or before the earlier of (i) two (2)
years from the effective date of the Development Agreement or (ii) any building permits
being issued for Phase 3 of the project. Neither the Developer nor any other person is
entitled to road impact fee credits as a result of such payment.
ORDINANCE NO.
(PUD Zoning Ordinance for Arden Park PUD)
CASE NO. RZ-04-08001
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REZONING FROM OCOEE R-1AA TO "PUD" ZONING,
PLANNED UNIT DEVELOPMENT DISTRICT, FOR
CERTAIN REAL PROPERTY COMPRISING
APPROXIMATELY 411.9 ACRES LOCATED ON THE
NORTH AND SOUTH SIDES OF CLARCONA-OCOEE
ROAD, WEST OF HOBSON ROAD AND EAST OF INGRAM
ROAD PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, AND THE OCOEE CITY CODE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF
THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property from Ocoee R-1AA, Single -Family Dwelling, to Ocoee "PUD", Planned Unit
Development District (the "Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said
application and determined that the Zoning requested by the Owner is consistent with the 1991 City
of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee ("PZC"); and
ORLA_425887.1
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and
has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2. Zoning. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 411.9 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R-IAA,
Single Family Dwelling, to Ocoee "PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
ORLA_425887.1 _2-
SECTION 4. Land Use Plan. The following Land Use Plan for the Property is
hereby approved subject to the Conditions of Approval and Waivers from the Ocoee Land
Development Code set forth thereon:
That certain P.U.D. Land Use Plan for Arden Park Planned Unit
Development prepared by Canin Associates Inc., date stamped
received by the City on October 27, 2006 with such additional
revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the
same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zoning Map. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article
V of Chapter 180 of the Ocoee City Code.
SECTION 6. Ocoee Comprehensive Plan Consistency. The Ocoee City
Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
ORLA_425887.1 -3-
SECTION 9.
passage and adoption.
ATTEST:
Effective Date. This Ordinance shall become effective upon
PASSED AND ADOPTED this
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this
day of , 2006.
FOLEY & LARDNER LLP
City Attorney
day of November, 2006
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2006
READ FIRST TIME , 2006
READ SECOND TIME AND ADOPTED
, 2006
UNDER AGENDA ITEM NO.
ORLA_425887.1 _4_
EXHIBIT "A"
LEGAL DESCRIPTION:
PARCEL 1
Lots 1, 2 and 3, EMMA A. STIEFF SUBDIVISION, according to the plat thereof, as recorded in
Plat Book G, Page 106, Public Records of Orange County, Florida, less County road right-of-
way.
AND
Begin 13.80 chains East of Southwest corner of Northwest %4, Section 4, Township 22 South,
Range 28 East, run North 25.31 chains, thence Easterly in center of Orange Belt Railroad
19.68 chains, thence South 26.38 chains, thence East 6.42 chains, thence North 40 chains,
thence West 40 chains, thence South 40 chains, East 13.80 chains, less railroad right-of-way
and less county road right-of-way.
AND
Beginning at a point in the center of A.C.L. Railroad Right-of-way, 910.8 feet East and 978.27
feet, more or less South of the Northwest corner of Section 4, Township 22 South, Range 28
East, run thence South 1606.07 feet, more or less, to the South line of the Northwest % of said
Section 4, thence East 517.8 feet, more or less, to the Southwest corner of Lot 3, of EMMA A.
STIEFF SUBDIVISION, according to the plat thereof, as recorded in Plat Book G, Page 106, of
the Public Records of Orange County, Florida, thence North along the West line of said lot to
the center line of the A.C.L. Railroad right-of-way, thence Westerly along the center line of said
railroad to the POINT OF BEGINNING.
AND
The South 'h of the Southeast % of the Southwest %4 of Section 33, Township 21 South, Range
28 East, less East 30 feet for road right-of-way, Orange County, Florida.
AND
The North '/z of the Southeast % of the Southwest % of Section 33, Township 21 South, Range
28 East, less the East 30 feet for road right-of-way, Orange County, Florida.
ORLA_425887.1 -5-
AND
The Northeast % of the Southwest % of Section 33, Township 21 South, Range 28 East,
Orange County, Florida.
AND
The Northeast % of the Southeast % and the North 130 feet of the Southeast %4 of the
Southeast % of Section 32, Township 21 South, Range 28 East, Orange County, Florida, less
the West 30 feet for road right-of-way.
AND
The Northwest %4 of the Southwest % and the North 130 feet of the Southwest % of the
Southwest %4 of Section 33, Township 21 South, Range 28 East, Orange County, Florida.
PARCEL 2
The Southeast %4 of the Southeast Y4 of Section 32, Township 21 South, Range 28 East, and
the Southwest % of the Southwest %4 of Section 33, Township 21 South, Range 28 East (less
528 feet off the South side of both sections and less 130 feet of the North side of both sections)
Orange County, Florida.
AND
The south 528 feet of the Southeast %4 of the Southeast Y4 of Section 32, Township 21 South,
Range 28 East, and the South 528 feet of the Southwest % of the Southwest % of Section 33,
Township 21 South, Range 28 East, Orange County, Florida.
All being more particularly described as follows:
PARCEL 1
A portion of land lying in Section 4, Township 22 South, Range 28 East, Orange County,
Florida, including part of Lots 1, 2 and 3, EMMA A STIEFF SUBDIVISION, according to the plat
thereof as recorded in Plat Book "G", Page 106 of the Public Records of Orange County,
Florida.
Being more particularly described as follows:
Commence at the North % corner of said Section 4; thence run South 01 027'07" West along the
East line of the Northwest % of Said Section 4 for a distance of 847.14 feet to the POINT OF
BEGINNING; thence continuing along said East line run South 01 027'07" West for a distance of
1839.23 feet to the center of said Section 4, also being a point on the South line of the
Northwest % of said Section 4; thence departing said East line run South 89020'41" West along
ORLA_425887.1
-6-
said South line, for a distance of 2651.43 feet to a point on the Easterly right-of-way line of
Clarcona-Ocoee Road; thence departing said South line run North 02044'31" East along said
Easterly right-of-way line for a distance of 1367.98 feet to a point of curvature of a curve
concave Southeasterly and having a radius of 150.46; thence departing said Easterly right-of-
way line run Northeasterly along said curve through a central angle of 70046'57" for an arc
distance of 185.88 feet to a point of tangency also being a point on the Southerly right-of-way
line of West Orange Trail / Clarcona-Ocoee Road; thence continuing along said Southerly right-
of-way line run North 73031'28" East for a distance of 210.06 feet to a point of curvature of a
curve concave Southerly and having a radius of 1824.86 feet; thence run Easterly along said
curve through a central angle of 16021'26" for an arc distance of 520.89 feet to a point of
tangency; thence run North 89052'44" East for a distance of 885.73 feet to a point of curvature
of a curve concave Northerly and having a radius of 1994.82 feet; thence run Easterly along
said curve through a central angle of 27010'22" for an arc distance of 946.05 feet to a point of
compound curvature of a curve concave Northerly and having a radius of 1722.16 feet; thence
run Easterly along the arc of said curve through a central angle of 00030'15" for an arc distance
of 15.15 feet to aforesaid POINT OF BEGINNING.
PARCEL 2
DESCRIPTION
That part of Section 32 and 33, Township 21 South, Range 28 East, and That part of Section 4,
Township 22 South, Range 28 East, Orange County, Florida, described as follows:
Commence at the North % corner of said Section 4; thence run S89033'56"W along the North
line of the Northwest Y4 of said Section 4 for a distance of 30.00 feet to a point on the West
right-of-way line of Hobson Road and the POINT OF BEGINNING; thence run the following two
(2) courses and distances along the West right-of-way line of Hobson Road, as shown on the
Orange County Right-of-way Plans, Project No. Y9-821: S89033'56"W, 2.31 feet; thence run
S00026"55"W for a distance of 730.48 feet to the Northerly right-of-way line of West Orange
Trail Clarcona-Ocoee Road; thence run the following courses and distances along said
Northerly right-of-way line from a non -tangent curve concave Northwesterly having a radius of
1612.16 feet and a chord bearing of S61 °45'06"W; thence run Southwesterly along the arc of
said curve through a central angle of 01 054'32" for a distance of 53.71 feet to the point of
compound curvature of a curve concave Northwesterly having a radius of 1884.82 feet and a
chord bearing of S76017'33"W; thence run Southwesterly along the arc of said curve through a
central angle of 27010'22" for a distance of 893.88 feet to the point of tangency; thence run
S89052'44"W for a distance of 236.97 feet; thence run N00007'16"W for a distance of 5.000
feet; thence run S89052'44" W for a distance of 648.76 feet to the point of curvature of a curve
concave Southeasterly having a radius of 1939.86 feet and a chord bearing of S81 °42'06"W;
thence run Southwesterly along the arc of said curve through a central angle of 16021'16" for a
distance of 553.71 feet to a non -tangent line; thence run S16028'32"E for a distance of 5.00
feet; thence run S73031'28"W for a distance of 197.11 feet; thence leaving said Northerly right-
of-way line run S16028'32"E for a distance of 50.00 feet; thence run S73031'28"W for a distance
of 34.04 feet to a non -tangent curve concave Southeasterly having a radius of 210.45 feet and
ORLA_425887.1 -7-
a chord bearing of S64123'15"W; thence run Southwesterly along the arc of said curve through
a central angle of 18159'57" for a distance of 69.79 feet to a non -tangent curve concave
Westerly having a radius of 110.00 feet and a chord bearing of N21 043'20"W; thence run
Northerly along the arc of said curve through a central angle of 49025"49" for a distance of
94.90 feet to the point of tangency; thence run N46026'15"W for a distance of 15.58 feet to a
point on the West line of Northwest % of said Section 4; thence run N02033'07"E along said
West line for a distance of 1075.64 feet to the Northwest corner of said Section 4; thence run
N85036'19"W along the south line of the Southeast % of Section 32 for a distance of 1283.57
feet to a non -tangent curve concave Easterly having a radius of 90.00 feet and a chord bearing
of N19°32'25"W; thence run Northerly along the arc of said curve and the East right-of-way line
of Ingram Road, through a central angle of 36057'14" for a distance of 58.05 feet to the point of
tangency; thence run N00012'00"W along said East right-of-way line for a distance of 2707.35
feet to a point on the North line of the Southeast % of said Section 32; thence run N89029'27"E
along said North line for a distance of 1287.35 feet to the East % corner of said Section 32;
thence run S89017'49"E along the North line of the Southwest % of said Section 33 for a
distance of 2668.50 feet to the Northeast corner of the Southwest % of said Section 33; thence
run S00004'29"W along the West line of TROUT LAKE CAMPS, according to the plot thereof,
as recorded in Plat Book K, Page 95, of the Public Records of Orange County, Florida, and the
East line of the Southwest % of said Section 33 and a projection thereof for a distance of
1409.06 feet to the Northeast corner of the Southeast % of the Southwest % of said Section 33;
thence run N89051'47"W along the North line of the Southeast % of the Southwest % of said
Section 33 and the North right-of-way line of Hobson Road for a distance of 30.00 feet; thence
leaving said North line run S00004'29"W along the West right-of-way line of Hobson Road for a
distance of 1409.36 feet to the POINT OF BEGINNING.
TOGETHER WITH EASEMENT AS SET OUT IN OFFICIAL RECORDS BOOK 5004, PAGE
3955, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
ORLA_425887.1 -8-
EXHIBIT "B"
Arden Park
Location Map
LAKE SIMS
LAKE MEADOW
rN]
L
TROUTLAKE
ORLA_425887.1
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EXHIBIT "C"
See attached Arden Park PUD Land Use Plan date stamped October 27, 2006.
ORLA_425887.1
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER LLP
I I I North Orange Avenue, Suite 1800
P.O. Box 2193
Orlando, FL 32802-2193
407-423-7656
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 456-23222
FOLEY & LARDNER LLP
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[November 14, 2006]
DEVELOPMENT AGREEMENT
(ARDEN PARK)
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of
the_ day of , 2006, by and between ARDEN PARK VENTURES, LLC, a Florida limited
liability company, whose mailing address is 2600 Maitland Center Parkway, Suite 200, Maitland, Florida
32751 (hereinafter referred to as the "Owner") and the CITY OF OCOEE, a Florida municipal corporation,
whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange County,
Florida, and within the corporate limits of the City of Ocoee, Florida said lands being more particularly
described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as
the "Property"); and
WHEREAS, pursuant to the application of the Owner, on November 21, 2006 the Ocoee
City Commission approved, subject to the execution of this Agreement, Ordinance No. RZ-04-08-01
rezoning the Property "PUD" under the Ocoee Land Development Code (the "PUD Ordinance"); and
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement incorporating
all plans and conditions of approval by reference; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to fully
comply with the provisions of the Ocoee Land Development Code.
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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:
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 on the
Land Use Plan (as hereinafter defined), unless otherwise indicated.
2. Development of the Property.
A. The Owner hereby agrees to develop the Property in accordance with that certain
PUD Land Use Plan for Arden Park Planned Residential Community (the "Project") prepared by Canin
Associates, date stamped received by the City on , 2006 with such additional revisions thereto,
if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving
the same (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein
by reference as if fully set forth herein.
B. The Owner hereby agrees that the Property shall be developed in accordance with and
is made subject to those certain Conditions of Approval attached hereto as Exhibit "B" and by this
reference made a part hereof (the "Conditions of Approval"). The Owner further agrees to comply with all
of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as
Exhibit "B" are the same as the Conditions of Approval set forth in the Land Use Plan.
C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan, it is
agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth
in the Ocoee Land Development Code in effect at the time of approval of this Project; and (2) all
preliminary subdivision plans, final subdivision plans, preliminary site 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 this Project. 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.
3. Waivers from the Ocoee Land Development Code. Pursuant to the PUD Ordinance, the
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.
4. Clarke Road Right -of -Way and Improvements. The following provisions shall apply:
A. The parties acknowledge that Clarke Road is intended to be improved from the
intersection with Clarcona-Ocoee Road (the "Intersection") to the northern boundary of the Property (the
"Clarke Road Right -of -Way") as set forth on Table 1 found on Sheet 6 of the Plan and as otherwise provided
herein. The Developer shall construct Clarke Road in accordance with the phasing schedule as set forth on
said Table 1 or as otherwise provided in this Agreement.
B. Center Lake properties, Ltd. is the owner of a proposed project located in the City of
Ocoee to be known as "Oak Trail Reserve." In connection with the development of Oak Trail Reserve,
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Center Lake Properties, Ltd., or its successors or assigns, shares responsibility for a portion of the Clarke
Road Right -of -Way improvements as set forth in that certain Annexation Agreement between Center Lake
Properties, Ltd. and the City dated August 21, 2001 and recorded in Official Records Book 6332, Page
3000, and that certain Development Agreement between Center Lake Properties, Ltd. and the City dated
August 17, 2004 and recorded in Official Records Book 7729, Page 3074, as amended by that certain First
Amendment to Development Agreement dated November 7, 2006 and recorded in Official Records Book
, Page , all of the Public Records of Orange County, Florida (collectively, the "Center Lake
Agreement"). Access points to the Project shall align with the Oak Trail Reserve access points.
C. Center Lake Properties, Ltd., has committed to meet stormwater requirements for a
portion of the Clarke Road Right -of -Way as set forth in the Center Lake Agreement. However, if the
Developer undertakes the extension of Clarke Road prior to Center Lake Properties, Ltd., then the
Developer will need to provide for the stormwater requirements with the Property on a temporary basis until
such time as Oak Trail Reserve is developed.
D. Developer shall demonstrate to the City that there will be no extraordinary increase in
construction or maintenance costs as a result of the depicted Clarke Road Right of Way alignment.
E. Developer shall be responsible for any wetlands mitigation necessary due to
construction of any portion of the Clarke Road Right -of -Way on its Property.
F. At Developer's expense, Developer will prepare and provide the City with a metes
and bounds legal description and sketch of description of the Clarke Road Right of Way and shall
incorporate the same in plats of that portion of the Property adjacent to the Clarke Road Right -of -Way. The
aforesaid legal description and sketch shall be certified to the City and shall be subject to the review and
approval of the City. The foregoing shall be accomplished in conjunction with the preliminary subdivision
plan for any portion of the Property north of Clarcona-Ocoee Road and shall be shown on said preliminary
subdivision plan and the final subdivision plan. Clarke Road shall also be platted and dedicated as a public
roadway in accordance with the phasing schedule set forth on Table 1 on Sheet 6 of the Plan.
G. Until such time as the improvements contemplated for the Clarke Road Right -of -Way
are completed and accepted by the City, the Developer shall be solely responsible for the Clarke Road
Right -of Way, including, but not limited to, the maintenance thereof and the payment of all applicable taxes.
H. Neither the Developer, its successors and assigns, nor any other person or entity shall
be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with
respect to the required dedication and conveyance of the Clarke Road Right -of -Way to the City, or the
design, engineering, permitting, and construction of Clarke Road, except as set forth herein.
I. Developer shall, at the appropriate time, apply for the vacation of Hobson Road so as
to facilitate the development of the Clarke Road Right -of -Way and quit claim said right-of-way to the City
of Ocoee after construction of Clarke Road.
J. Developer acknowledges that Center Lake Properties, Ltd. or its successors or assigns
has agreed to design and engineer certain improvements to Clarke Road, as generally depicted on the Clarke
Road Design Sketch (the "PDA Sketch") attached hereto as Exhibit `ID" and by this reference made a part
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hereof. Such improvements include: (i) a portion of the easterly two lanes of Clarke Road, depicted as
Section A on the PDA Sketch (the "Section A Improvements"), (ii) a portion of the westerly two lanes of
Clarke Road, depicted as Section B on the PDA Sketch (the "Section B Improvements"), and (iii) certain
improvements to Clarke Road south of the intersection of Clarke Road and Clarcona-Ocoee Road, depicted
as Section C on the PDA Sketch (the "Section C Improvements") (collectively, the Section A Improvements,
Section B Improvements and Section C Improvements are referred to herein as the "Center Lake
Improvements"). Developer agrees to reimburse Center Lake Properties, Ltd or its successors or assigns, all
amounts paid to PDA for the design, engineering, and permitting of the Section B Improvements, provided,
however, that the total amount reimbursed shall not exceed $39,400.00. To the extent Developer makes any
direct payments PDA for the such costs, then the amount of such direct payment(s) will be deducted from
the amount Developer is obligated to reimburse. Developer will be responsible for the construction costs
associated with the Section B Improvements.
K. If the construction of any or all of the Center Lake Improvements has not commenced
prior to Developer commencing development of any portion of the Project located north of Clarcona-Ocoee
Road, then the Developer will require that all bids for the construction of the Clarke Road Right -of -Way
improvements identified in Table 1 on Sheet 6 of the Plan shall also incorporate separate bid prices for the
construction of the Center Lake Improvements in accordance with the following: (1) All bids must provide a
separate and independent construction price for each of the following: (i) the Section A Improvements, (ii)
the Section B Improvements, and (iii) the Section C Improvements, and (2) The bid documents must
provide that Developer may select to proceed with the construction of any or all of such improvements at
the prices indicated.
L. If Developer is required to seek bids for the Center Lake Improvements pursuant to
paragraph 4(K) above, then, prior to entering into a contract for the construction of any improvements to the
Clarke Road Right -of -Way, Developer will provide to City the bid (the "Bid") from the contractor that
Developer intends to use for the construction of the improvements to the Clarke Road Right -of -Way,
including the Center Lake Improvements. Within sixty (60) days from receipt of the Bid or City approval of
the Final Subdivision Plan for any portion of the Property located north of Clarcona-Ocoee Road, whichever
is later to occur, the City will provide written notice (the "Construction Notice") to Developer directing that
Developer either (i) proceed with construction of the Section A Improvements and/or the Section C
Improvements contemporaneously and in conjunction with the Section B Improvements and the other
improvements to the Clarke Road Right -of -Way identified on Table 1 on Sheet 6 of the Plan, or (ii) proceed
with construction of only the Section B Improvements and the other improvements to the Clarke Road
Right -of -Way identified on Table 1 on Sheet 6 of the Plan, and not the Section A Improvements or the
Section C Improvements. Within sixty (60) days of receipt of the Construction Notice, Developer will enter
into a contract (the "Construction Contract") for the construction of all Clarke Road Right -of -Way
improvements, including all or part of the Center Lake Improvements, as the case may be, consistent with
the Construction Notice and Bid. The Construction Contract shall provide that City shall be an intended
third party beneficiary of the performance obligations of the contractor with respect to the permitting and
construction of the Clarke Road Right -of -Way Improvements. If City does not provide written notice to
Developer pursuant to this paragraph, it is agreed that Developer is to proceed as if the City provided notice
pursuant to (ii) above.
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M. As an alternative to the procedure set forth in paragraphs 4(K) and 4(L) above,
Developer may enter into a contract for the construction of all or part of the Clarke Road Right -of -Way
improvements, including all or part of the Section A Improvements and Section C Improvements, on a non -
bid basis at a price acceptable to and approved by City, which acceptance and approval may be granted or
withheld in the City's sole and absolute discretion.
N. If City directs Developer to proceed with the construction of any of the Section A
Improvements or Section C Improvements pursuant hereto, then, in consideration therefor, City agrees to
reimburse Developer for the actual construction costs for such improvements within thirty (30) days after
completion of construction of the improvements and acceptance thereof by the City. Nothing contained
herein shall prohibit the City from seeking reimbursement from adjacent property owners or any other party
for construction costs provided by City to Developer pursuant hereto.
O. All Center Lake Improvements that Developer is required to construct or cause to be
constructed pursuant to this Agreement are to be undertaken in conjunction with the first portion of the other
improvements to the Clarke Road Right -of -Way that Developer is required to construct pursuant to Table 1
on Sheet 6 of the Plan and must be completed and accepted by City prior to a Certificate of Completion
being issued for such other improvements or any portion thereof.
P. To the extent that Developer is required to construct any of the Center Lake
Improvements pursuant hereto, then the City will cause Center Lake Properties, Ltd. or its successors or
assigns to assign to Developer all plans, permits and approvals for such Improvements.
Q. Notwithstanding any other provision contained herein, the City or any other
governmental agency may elect to construct or cause to be constructed any of the Center Lake
Improvements (including the Section B Improvements) at any time. If the City, other governmental agency,
or any of their assigns constructs the Section B Improvements, Developer will pay to such party the actual
construction costs for the Section B Improvements prior to the issuance of a Certificate of Completion for
any portion of the Project's subdivision improvements located north of Clarcona-Ocoee Road or the platting
of any portion of the Property located north of Clarcona-Ocoee Road, whichever first occurs.
R. Except for the improvements that Center Lake Properties, Ltd. or its successors or
assigns design, engineer, permit and/or construct pursuant to this Agreement, Developer shall, at its sole cost
and expense, design, engineer, permit, and construct all improvements to the Clarke Road Right -of -Way that
are identified in Table I on Sheet 6 of the Plan. The preliminary engineering for such improvements to
Clarke Road shall be included with the Preliminary Subdivision Plan for Phase 3 and the final engineering
for such improvements to Clarke Road shall be included in the Final Subdivision Plan for Phase 3. Said
plans will include all utility extensions and stormwater requirements at Developer's expense.
S. The Developer shall, within 60 days of a request by the City of the same, but in no
event later than platting of any portion of the Property, convey to the City the Clarke Road Right -of Way.
The conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for
those matters acceptable to the City. The form of the special warranty deed shall be subject to the approval
of the City. The Developer shall, contemporaneously with the conveyance of such property, provide to the
City a current attorney's opinion of title, or a current title commitment to be followed by a policy of title
insurance, evidencing that fee simple title to such property is free and clear of all liens and encumbrances
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except for those matters acceptable to the City. The costs and expenses related to the conveyance of such
property, including the cost of title work, shall be borne solely by the Developer. Real property taxes on the
property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the
prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by
such 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 Developer shall be responsible
for real property taxes for the entire year. Access points for Clarke Road will be as shown on the Plan.
T. If requested to do so by the City, Developer shall construct the remaining portion of
the Clarke Road Right of Way from Entrance 8 as shown on Sheet 5 of the Plan to the northern boundary of
the Property at a price acceptable to and approved by City, which acceptance and approval may be granted
or withheld in the City's sole and absolute discretion. Developer shall be entitled to receive City of Ocoee
Road Impact Fee Credits for the actual cost of construction of such improvements for only that section of
Clarke Road, provided, however, that such Road Impact Fee Credits will not exceed the price for such
construction that is approved by the City prior to such construction.
U. All property east of Clarke Road, owned by Developer and adjoining Lake Trout are
to be dedicated to the City of Ocoee at the same time and in the same manner as the Clarke Road Right -Of -
Way is to be conveyed as set forth in paragraph 4(S) above.
V. Clarke Road will be built in phases pursuant to paragraph 4(A) above or prior to the
completion of construction of the elementary school within the Project, whichever occurs first.
5. Ingram Road Improvements.
A. Prior to the issuance of building permits for Phase 5 or 6 of the Project, Developer
shall improve that portion of Ingram Road adjacent to the Property into a 24 foot wide curb and gutter urban
section two lane roadway as shown in the Land Use Plan ("Ingram Road Improvements"). No connection to
Ingram Road from the Project will be allowed prior to the completion and acceptance by the City of the
Ingram Road Improvements. In consideration for the construction of the Ingram Road Improvements and
provided that the improvements to Ingram Road as set forth in the Plan are commenced within the time
frame set forth herein and completed within one (1) year of commencement, the Developer shall be entitled
to receive City of Ocoee road impact fee credits for the actual cost of construction of such improvements
upon issuance of a Certificate of Completion for the Ingram Road Improvements and acceptance by the
City. The Developer shall submit to the City's Development Review Committee ("DRC") satisfactory
documentation to support any Road Impact Fee credit pursuant to this Condition and the actual amount of
the Road Impact Fee credit shall thereafter be determined by the DRC based upon a review of such
satisfactory documentation in the manner provided by the Road Impact Fee Ordinance. The DRC shall not
be required to approve any Road Impact Fee credits for costs incurred by the Developer which exceed the
amounts set forth herein. Except as aforesaid, the Developer shall not be entitled to any compensation in
connection with the Ingram Road Improvements. In addition to the Ingram Road Improvements described
above, the Developer shall design, permit and construct a southbound turn lane at Developer's expense with
no Road Impact Fee credits.
B. In the event that the Ingram Road Right -of -Way is less than 60' wide, the Developer
shall convey to the City additional Right -of -Way on the eastern side of the existing Ingram Road Right-of-
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Way within 60 days of a request by the City of the same, but in no event later than platting of Phase 5. The
conveyance shall be by special warranty deed free and clear of all liens and encumbrances except for those
matters acceptable to the City. The form of the special warranty deed shall be subject to the approval of the
City. The Developer shall, contemporaneously with the conveyance of such property, provide to the City a
current attorney's opinion of title, or a current title commitment to be followed by a policy of title insurance,
evidencing that fee simple title to such property is free and clear of all liens and encumbrances except for
those matters acceptable to the City. The costs and expenses related to the conveyance of such property,
including the cost of title work, shall be borne solely by the Developer. Real property taxes on such
property shall be prorated as of the day of the City's acceptance of the conveyance of the same, and the
prorated amount of such real property taxes attributable to the Developer shall be paid and escrowed by
such 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 Developer shall be responsible
for real property taxes for the entire year. The City shall be responsible for any additional Right -of -Way
needed on the Western side of the existing Ingram Road Right -of -Way.
C. All stormwater needs related to the Ingram Road Improvements will be provided by
the Project's master stormwater management system and constructed prior to obtaining issuance of building
permits for Phases 5 or 6.
D. At anytime prior to Developer constructing the Ingram Road Improvements, the City
or any other governmental agency may elect, at such party's option and expense, to construct or cause to be
constructed the Ingram Road Improvements. To the extent the City or other party constructs such
improvements to Ingram Road, Developer will not be entitled to any Road Impact Fee Credits in connection
therewith.
E. In addition to the Ingram Road Improvements set forth above, the Developer will
design, engineer, permit and construct a southbound left turn lane into Entrance 1 as part of the Ingram
Road Improvements.
F. Neither the Developer, its successors and assigns, nor any other person or entity shall
be entitled to any road impact fee credits or other compensation of any kind for, on account of, or with
respect to (a) any dedication for Ingram Road right-of-way as set forth in paragraph 5(B) above, or (b) the
turn lane improvements set forth in 5(F) above.
6. Utilities. Water and sewer service to Phase 1 will be provided by the City of Ocoee. Water
and sewer service to Phases 2-6 will be provided by Orange County. Reclaimed water will be provided by
the City of Ocoee for the entire Project in accordance with applicable provisions of the City Code and
subject to the availability of reclaimed water. At the time of platting, easements will be placed over the
Utility lines and dedicated to the City of Ocoee or Orange County, as appropriate.
7. Sewer and Water Impact Fees. For Phase 1, the Developer must pay water and sewer
capital charges at the time the infrastructure is permitted to begin construction. For Phases 2 through 6,
owner may pay Sewer and Water Impact Fees at the time of issuance of building permits for individual lots
pursuant to the Orange County Code, or as otherwise required by Orange County.
8. Grading.
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A. The existing grades on individual lots containing protected trees will be maintained as
much as possible to preserve existing protected trees; provided, however, that mass grading will be
permitted in the areas identified on the Plan. For lots containing protected trees which are not subject to
mass grading, there will be no grading or other construction on individual lots except as specified in the
final subdivision plan, until building permits are issued for those lots.
B. Removal of existing protected trees will be limited to areas where mass grading is
permitted, clearing road right of way and retention areas as detailed in the final subdivision plan. All other
existing protected trees on individual lots will be evaluated at the time of site plan review for that lot, to
determine whether or not each tree needs to be removed.
C. In order to insure 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.
9. Notice. Any notice delivered with respect to this Agreement shall be in writing and be
deemed to so delivered (whether or not actually received) when (i) 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.
10. 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.
11. Recordation of Agreement. The parties hereto agree that an executed original of this
Agreement shall be recorded by the City, at the Developer's expense, in the Public Records of Orange
County, Florida. The City will, from time to time upon request of the Developer, execute and deliver letters
affirming the status of this Agreement.
12. Applicable Law. This Agreement and the provisions contained herein shall be construed,
controlled, and interpreted according to the laws of the State of Florida.
13. Time of the Essence. Time is hereby declared of the essence to the lawful performance of
the duties and obligations contained in this Agreement.
14. Agreement; Amendment. This Agreement, along with the Land Use Plan and the PUD
Ordinance, 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.
15. 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,
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in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
16. Specific Performance. Both the City and the Developer shall have the right to enforce the
terms and conditions of this Agreement by an action for specific performance.
17. 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, paralegal 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.
18. 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.
19. Captions. Captions of the Sections and Subsections of this Agreement are for
convenience and reference only, and the words contained therein shall no way be held to explain, modify,
amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
20. Severability. If any word, 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 so long as the purpose and intent of this Agreement can still be
achieved.
21. Effective Date. The Effective Date of this Agreement shall be the day this Agreement is
last executed by a party hereto and such date shall be inserted on Page 1 of this Agreement
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IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day end year first
above written.
Signed, sealed and delivered
in the presence of:
Print N
Print N
STATE OF FLORIDA
COUNTY OF ORANGE
DEVELOPER:
ARDEN PARK VENTURES, LLC, a Florida
limited liability company
By:_
Name:
Its:
Date:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County aforesaid to take acknowledgments, personally appeared , as the
of ARDEN PARK VENTURES, LLC, a Florida limited liability company, who ❑ is
personally known to me or ❑ 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
2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible seal);
My Commission Expires (if not legible on seal)
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Signed, sealed and delivered
in the presence of:
Print Name
Print Name
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
, 2006.
FOLEY & LARDNER, LLP
Un
City Attorney
FOLEY & LARDNER LLP
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[November 14, 2006]
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2006 UNDER
AGENDA ITEM NO.
i RLA.425998.3
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FOLEY & LARDNER LLP
DRAFT
[November 14, 2006]
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and
BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the
CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence
of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this day of
2006.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible seal);
My Commission Expires (if not legible on seal)
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iRLA.425998.3
FOLEY & LARDNER LLP
DRAFT
[November 14, 2006]
JOINDER AND CONSENT TO
DEVELOPMENT AGREEMENT
(ARDEN PARK)
The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated
the day of , and recorded in Official Records Book , Page ,
Public Records of Orange County, Florida, upon the above described property and the undersigned, for and
in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby join in and consent to the execution of the foregoing Development Agreement (Arden Park) and
agree that the lien of its mortgage described herein above shall be subordinated to the aforedescribed
Development Agreement
Signed, sealed and delivered
in the presence of:
Print Name
Print
STATE OF FLORIDA
COUNTY OF ORANGE
2006, by
(Print name of Mortgage holder)
By:
Printed Name:
Title:
The foregoing instrument was acknowledged before me this _
(Name of Officer) who is the (Title) of
He/she ❑ is personally known to me, or ❑ has produced
identification.
Signature of Notary
day of ,
(Name)
as
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible sea]);
My Commission Expires (if not legible on seal)
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i RLA.425998.3
EXHIBIT "A"
LEGAL DESCRIPTION:
PARCEL 1
FOLEY & LARDNER LLP
DRAFT
[November 14, 2006]
Lots 1, 2 and 3, EMMA A. STIEFF SUBDIVISION, according to the plat thereof, as recorded in Plat Book
G, Page 106, Public Records of Orange County, Florida, less County road right-of-way.
AND
Begin 13.80 chains East of Southwest corner of Northwest %, Section 4, Township 22 South, Range 28
East, run North 25.31 chains, thence Easterly in center of Orange Belt Railroad 19.68 chains, thence South
26.38 chains, thence East 6.42 chains, thence North 40 chains, thence West 40 chains, thence South 40
chains, East 13.80 chains, less railroad right-of-way and less county road right-of-way.
Beginning at a point in the center of A.C.L. Railroad Right-of-way, 910.8 feet East and 978.27 feet, more or
less South of the Northwest corner of Section 4, Township 22 South, Range 28 East, run thence South
1606.07 feet, more or less, to the South line of the Northwest % of said Section 4, thence East 517.8 feet,
more or less, to the Southwest corner of Lot 3, of EMMA A. STIEFF SUBDIVISION, according to the plat
thereof, as recorded in Plat Book G, Page 106, of the Public Records of Orange County, Florida, thence
North along the West line of said lot to the center line of the A.C.L. Railroad right-of-way, thence Westerly
along the center line of said railroad to the POINT OF BEGINNING.
AND
The South '/2 of the Southeast % of the Southwest Y4 of Section 33, Township 21 South, Range 28 East,
less East 30 feet for road right-of-way, Orange County, Florida.
AND
The North Y2 of the Southeast '/4 of the Southwest Y4 of Section 33, Township 21 South, Range 28 East,
less the East 30 feet for road right-of-way, Orange County, Florida.
AND
The Northeast % of the Southwest % of Section 33, Township 21 South, Range 28 East, Orange County,
Florida.
N-9
The Northeast %4 of the Southeast % and the North 130 feet of the Southeast % of the Southeast % of
Section 32, Township 21 South, Range 28 East, Orange County, Florida, less the West 30 feet for road
right-of-way.
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i RLA.425998.3
FOLEY & LARDNER LLP
DRAFT
[November 14, 2006]
AND
The Northwest % of the Southwest % and the North 130 feet of the Southwest % of the Southwest % of
Section 33, Township 21 South, Range 28 East, Orange County, Florida.
PARCEL 2
The Southeast % of the Southeast % of Section 32, Township 21 South, Range 28 East, and the
Southwest % of the Southwest % of Section 33, Township 21 South, Range 28 East (less 528 feet off the
South side of both sections and less 130 feet of the North side of both sections) Orange County, Florida.
AND
The south 528 feet of the Southeast %4 of the Southeast Y4 of Section 32, Township 21 South, Range 28
East, and the South 528 feet of the Southwest % of the Southwest % of Section 33, Township 21 South,
Range 28 East, Orange County, Florida.
All being more particularly described as follows:
PARCEL 1
A portion of land lying in Section 4, Township 22 South, Range 28 East, Orange County, Florida, including
part of Lots 1, 2 and 3, EMMA A STIEFF SUBDIVISION, according to the plat thereof as recorded in Plat
Book "G", Page 106 of the Public Records of Orange County, Florida.
Being more particularly described as follows:
Commence at the North % corner of said Section 4; thence run South 01 027'07" West along the East line of
the Northwest % of Said Section 4 for a distance of 847.14 feet to the POINT OF BEGINNING; thence
continuing along said East line run South 01 °27'07" West for a distance of 1839.23 feet to the center of
said Section 4, also being a point on the South line of the Northwest % of said Section 4; thence departing
said East line run South 89020'41" West along said South line, for a distance of 2651.43 feet to a point on
the Easterly right-of-way line of Clarcona-Ocoee Road; thence departing said South line run North
02044'31" East along said Easterly right-of-way line for a distance of 1367.98 feet to a point of curvature of
a curve concave Southeasterly and having a radius of 150.46; thence departing said Easterly right-of-way
line run Northeasterly along said curve through a central angle of 70046'57" for an arc distance of 185.88
feet to a point of tangency also being a point on the Southerly right-of-way line of West Orange Trail /
Clarcona-Ocoee Road; thence continuing along said Southerly right-of-way line run North 73031'28" East
for a distance of 210.06 feet to a point of curvature of a curve concave Southerly and having a radius of
1824.86 feet; thence run Easterly along said curve through a central angle of 16021'26" for an arc distance
of 520.89 feet to a point of tangency; thence run North 89052'44" East for a distance of 885.73 feet to a
point of curvature of a curve concave Northerly and having a radius of 1994.82 feet; thence run Easterly
along said curve through a central angle of 27010'22" for an arc distance of 946.05 feet to a point of
compound curvature of a curve concave Northerly and having a radius of 1722.16 feet; thence run Easterly
along the arc of said curve through a central angle of 00030'15" for an arc distance of 15.15 feet to
aforesaid POINT OF BEGINNING.
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i RLA.425998.3
FOLEY & LARDNER LLP
DRAFT
[November 14, 2006]
PARCEL 2
DESCRIPTION
That part of Section 32 and 33, Township 21 South, Range 28 East, and That part of Section 4, Township
22 South, Range 28 East, Orange County, Florida, described as follows:
Commence at the North % corner of said Section 4; thence run S89033'56"W along the North line of the
Northwest Y4 of said Section 4 for a distance of 30.00 feet to a point on the West right-of-way line of
Hobson Road and the POINT OF BEGINNING; thence run the following two (2) courses and distances
along the West right-of-way line of Hobson Road, as shown on the Orange County Right-of-way Plans,
Project No. Y9-821: S89033'56"W, 2.31 feet; thence run S00026"55"W for a distance of 730.48 feet to the
Northerly right-of-way line of West Orange Trail Clarcona-Ocoee Road; thence run the following courses
and distances along said Northerly right-of-way line from a non -tangent curve concave Northwesterly
having a radius of 1612.16 feet and a chord bearing of S61 °45'06"W; thence run Southwesterly along the
arc of said curve through a central angle of 01 054'32" for a distance of 53.71 feet to the point of compound
curvature of a curve concave Northwesterly having a radius of 1884.82 feet and a chord bearing of
S76017'33"W; thence run Southwesterly along the arc of said curve through a central angle of 27010'22" for
a distance of 893.88 feet to the point of tangency; thence run S89052'44"W for a distance of 236.97 feet;
thence run N00007'16"W for a distance of 5.000 feet; thence run S89052'44" W for a distance of 648.76
feet to the point of curvature of a curve concave Southeasterly having a radius of 1939.86 feet and a chord
bearing of S81 °42'06"W; thence run Southwesterly along the arc of said curve through a central angle of
16021'16" for a distance of 553.71 feet to a non -tangent line; thence run S16128'32"E for a distance of 5.00
feet; thence run S73031'28"W for a distance of 197.11 feet; thence leaving said Northerly right-of-way line
run S16128'32"E for a distance of 50.00 feet; thence run S73031'28"W for a distance of 34.04 feet to a non -
tangent curve concave Southeasterly having a radius of 210.45 feet and a chord bearing of S64023'15"W;
thence run Southwesterly along the arc of said curve through a central angle of 18059'57" for a distance of
69.79 feet to a non -tangent curve concave Westerly having a radius of 110.00 feet and a chord bearing of
N21 °43'20"W; thence run Northerly along the arc of said curve through a central angle of 49025"49" for a
distance of 94.90 feet to the point of tangency; thence run N46026'15"W for a distance of 15.58 feet to a
point on the West line of Northwest % of said Section 4; thence run N02033'07"E along said West line for a
distance of 1075.64 feet to the Northwest corner of said Section 4; thence run N85036'19"W along the
south line of the Southeast % of Section 32 for a distance of 1283.57 feet to a non -tangent curve concave
Easterly having a radius of 90.00 feet and a chord bearing of N19032'25"W; thence run Northerly along the
arc of said curve and the East right-of-way line of Ingram Road, through a central angle of 36057'14" for a
distance of 58.05 feet to the point of tangency; thence run N00012'00"W along said East right-of-way line
for a distance of 2707.35 feet to a point on the North line of the Southeast % of said Section 32; thence run
N89029'27"E along said North line for a distance of 1287.35 feet to the East % corner of said Section 32;
thence run S89017'49"E along the North line of the Southwest % of said Section 33 for a distance of
2668.50 feet to the Northeast corner of the Southwest % of said Section 33; thence run S00004'29"W along
the West line of TROUT LAKE CAMPS, according to the plot thereof, as recorded in Plat Book K, Page 95,
of the Public Records of Orange County, Florida, and the East line of the Southwest % of said Section 33
and a projection thereof for a distance of 1409.06 feet to the Northeast corner of the Southeast Y4 of the
Southwest Y4 of said Section 33; thence run N89051'47"W along the North line of the Southeast % of the
Southwest Y4 of said Section 33 and the North right-of-way line of Hobson Road for a distance of 30.00
feet; thence leaving said North line run S00004'29"W along the West right-of-way line of Hobson Road for a
distance of 1409.36 feet to the POINT OF BEGINNING.
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i RLA.425998.3
FOLEY & LARDNER LLP
DRAFT
[November 14, 20061
TOGETHER WITH EASEMENT AS SET OUT IN OFFICIAL RECORDS BOOK 5004, PAGE 3955, PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA.
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i RLA.425998.3
EXHIBIT "B"
REVISED ARDEN PARK CONDITIONS OF APPROVAL
1) Except as specifically depicted on this plan, stated in these conditions of approval or set
forth on the waiver table, development of this property shall be consistent with the
requirements of the City of Ocoee Code.
2) The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes,
chapter 163, concerning moratoria on the issuance of building permits under certain
circumstances. The City has no lawful authority to exempt any private entity or itself
from the application of such state legislation and nothing herein shall be construed as
such an exemption.
3) The Project will be developed in six (6) phases as determined by the PSP.
4) Water and sewer service to Phase 1 will be provided by the City of Ocoee. Water and
sewer service to Phases 2-6 will be provided by Orange County. Reclaimed water will be
provided by the City of Ocoee for the entire Project in accordance with applicable
provisions of the City Code and subject to the availability of reclaimed water. At the time
of platting, easements will be placed over the Utility lines and dedicated to the City of
Ocoee or Orange County, as appropriate.
5) Stormwater management shall be provided consistent with the requirements of the Ocoee
Land Development Code and the St. Johns River Water Management District unless as
otherwise noted in the waiver table.
6) All underground utilities shall comply with Ordinance No. 95-17, which requires
pedestal -mounted utility boxes to be placed back of the street, no more than 5 feet
forward of the front building setback line, on all residential lots which are less than 70
feet in width where the lot abuts the street right-of-way line.
7) 1:. The existing grades on individual lots containing protected trees will be
maintained as much as possible to preserve existing protected trees; provided,
however, that mass grading will be permitted in the areas identified on the Plan.
For lots containing protected trees which are not subject to mass grading, there
will be no grading or other construction on individual lots except as specified in
the final subdivision plan, until building permits are issued for those lots.
11. Removal of existing protected trees will. be limited to areas where mass grading is
permitted, clearing road right of way and retention areas as detailed in the final
subdivision plan. All other existing protected trees on individual lots will be
evaluated at the time of site plan review for that lot, to determine whether or not
each tree needs to be removed.
III. In order to insure 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
0027 A W1 12491 \996938`2
to any tree removal. No clearing permits will be issued for site work or building
construction until the trees to be preserved have been clearly marked with tree
protection barriers.
8) "Limited grading area" shall mean road rights -of -way and easements may be mass
graded. Lots will be graded on an individual lot basis so as to provide reasonable tree
protection. Existing grades on lots will be maintained as much as possible. Lots
containing protected trees will have no grading or construction except as specified on the
final site plan.
9) "Protected area" shall mean no residential use is permitted. Environmentally enhanced
stormwater management facilities, compensating storage areas, mitigation creation, open
space, recreation and like facilities are permitted to be constructed in this area based upon
an approved plan. Undisturbed portions of the protected area may be left in a natural
state or enhanced with landscaping.
10) Before any construction within limited grading areas and protected areas, protected trees
will be flagged and reviewed by the City prior to removal. No clearing permits will be
issued for this work until preserved trees are clearly marked.
11) Except for areas where mass grading is permitted, the removal of protected trees shall be
minimized to the maximum extend possible and no authorization shall be granted to
remove a tree if the Developer has failed to take reasonable measures to preserve the
trees on site.
12) Unless otherwise noted, a 5' utility and drainage easement will be platted along all side
lot lines and 10' utility, drainage and sidewalk easement adjacent to the street right--of—
ways. A 5' utility and drainage easement will be platted along all the rear lot lines that
abut other lots and a 7.5' utility and drainage easement along the rear of lots that abut the
outside perimeter of the development.
13) All utilities to be placed within the 10' easement along the front of each lot will be placed
around existing protected trees to be preserved.
14) 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.
15) All drainage, utility and maintenance easements shall be for the benefit of the
homeowners association or Iocal government, as appropriate. The land burdened by such
easements shall be owned by the individual lot owners.
16) Reclaimed water will be used for irrigation purposes. It will be supplied to the
development from the extension of the reuse system on Clarke Road in accordance with
applicable provisions of the City Code and subject to the availability of reclaimed water.
The single-family home sites will be individually metered and the two townhome
sections will each be master metered. A master irrigation system will be installed to
service all common areas and residential lots. This master irrigation system will be
0027166"! 124911996938!2
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owned and maintained by the homeowners association. All reuse mains will be owned
and maintained by the City.
17) The Developer shall construct appropriate curb cuts to enable the construction of ramps
at all applicable right-of-way intersections (and other areas as reasonably required) in
order to provide physically challenged persons access to sidewalks and streets. Sidewalks
abutting each platted lot shall be constructed at the time of development of the lot. 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 subdivision improvements
for the phase in which the common area is located. Sidewalks for the entrance roads and
loop roads will be constructed contemporaneous with the construction of subdivision
improvements for that phase.
18) All common area improvements, including entry features, walls, landscaping and
sidewalks along all roads, as well as landscaping around the retention pond tracts shall be
completed prior to issuance of the certificate of completion for those corresponding
phases which are platted.
19) Street lights, security lights and lighting for common areas meeting current code
requirements shall be installed by the Developer prior to certificate of completion at the
Developer's expense and the cost to their operation will be assumed by the Developer in
accordance with Section 6-8(D) of the Ocoee Land Development Code. If applicable, the
Developer and Homeowners Association will be required to complete and execute a City
of Ocoee Developers and Homeowners Association Agreement for Upgraded Street
Lights, as found in the Ocoee Land Development Code, Form 12.
20) A homeowners association will be created for maintenance and management of all
common areas and facilities, including lighting, unless otherwise noted.
21) A homeowners association shall be responsible for the maintenance of all landscape
areas. Landscape areas shall be kept in a neat, healthy and orderly appearance free of
refuse and debris.
22) All tracts that are to be owned and maintained by the homeowners association or the City
of Ocoee, as applicable, and shall be conveyed to the homeowners association or the City
of Ocoee, as applicable, by warranty deed at the time of platting.
23) Any damage caused to any public right of way as a result of the construction activities
related to the Project shall be promptly repaired by the Developer to the applicable
governmental standards at the Developer's sole cost and expense.
24) There shall be no access from the property to Clarcona-Ocoee Road, Ingram Road or
Clarke Road except at the approved locations shown on the Plan.
25) All cross access, utility and drainage easements shall be provided prior to or at the time
of platting.
0027166,1.l12G9it996938Q
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26) All utilities including electrical, cable, TV, and telephone and including any on —site
existing overhead wires shall be placed underground.
27) Parking shall be provided in accordance with the City of Ocoee Land Development Code,
unless otherwise noted.
28) All legal instruments including but not limited to the declaration of easements, covenants
and restrictions, association documents and deeds conveying property to a homeowners
association shall be approved by the City prior to plat approval and shall comply with all
Ordinances of the City in effect at the time of recording of any such instrument.
29) Arden Park stormwater system
i. Private streets (gated) — If any portion of Phase 1 is gated, all pipes, inlets,
manholes and structures accepting runoff from that portion which is gated, will be
owned, operated and maintained by the Phase 1 Sub -Homeowners Association.
Stormwater pond tracts, including landscaping, within a gated phase will be
owned, operated and maintained by the Arden Park Master Homeowners
Association.
ii. Public streets (ungated) — All pipes, inlets, manholes and structures within
ungated phases, will be owned, operated and maintained by the City of Ocoee.
Stormwater pond tracts, including landscaping, within ungated phases will be
owned, operated and maintained by the Arden Park Master Homeowners
Association.
iii. The City and applicant agree to execute any deeds and/or easements as needed to
complete the stormwater system transfer.
30) 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.
31) Pursuant to Ordinance No. 2001-18 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.
32) All stormwater management ponds will be unfenced with maximum 5:1 side slopes into
the pond except as provided for by the waiver table.
33) All building pad elevations shall exceed the 100-year flood elevation by a minimum of
two (2) feet.
34) All declaration of covenants and restrictions affecting the property shall include the
following provisions:
i. Provision allowing the City of Ocoee the opportunity to levy, collect and enforce
assessments for maintenance of the common areas should the homeowners
0027 166" 112491 �.996938Q
-4-
association fail to do so or should the homeowners association fail to collect
assessments at a Ievel allowing for adequate maintenance of the common areas.
ii. Provision granting the City of Ocoee the right, but not the obligation, to repair and
maintain the stormwater system should the homeowners association fail to do so
and seek reimbursement from the homeowners association, or from the Developer
if (i) turnover of control of the members has not occurred, or (ii) if the Developer
is still responsible for the maintenance of the stormwater system.
iii. Provision providing that the SWMS will be transferred to a responsible operation/
maintenance entity acceptable to the City in the event of dissolution and that if
dissolution occurs without such approval then the City may continue to levy and
collect assessments and impose liens with respect thereto notwithstanding the
dissolution of the homeowners association.
iv. Provision that the homeowners association shall at all times be in good standing
with the Florida Secretary of State.
V. Provision that at the time of turnover of control of the homeowners 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 homeowners
association for the estimated costs of such corrective action.
vi. Provision that no property owned by the City of Ocoee or any other governmental
entity shall be subject to assessments levied by the homeowners association.
vii. Provision that any amendment to any provision affecting the City requires the
consent of the City in an instrument recorded with the amendment.
viii. Notwithstanding the conveyance of the storm water retention ponds to the
homeowners association., or any provision to the contrary contained in these
conditions of approval., the Developer shall remain responsible for the
maintenance of the Project's stormwater management system (SWMS), including
all stormwater retention ponds, until such time as (i) the entire SWMS for the
Project is constructed and appropriate certificates of completion issued by both
the City and SJRWMD, (ii) the stormwater retention ponds intended to be
conveyed to the homeowners association have in fact been conveyed to the
homeowners association, (iii) the homeowners association is designated as the
maintenance entity on the records of the SJRWMD and all transfer records
required by SJRWMD have been executed and accepted by SJRWMD, (iv) the
City has been provided with a copy of the Developer's proposed maintenance plan
with respect to the SWMS, and (v) the City has been provided with a written
statement from. the homeowners association acknowledging receipt of the
0027166 1 1249 V',99693:3',2
Developer's proposed maintenance plan with respect to the SWMS and that the
homeowners association is responsible for maintenance of the SWM.S.
35) The articles of incorporation and bylaws of the homeowners association shall be
consistent with the forgoing provisions.
36) Final street naming will be coordinated through the City building department at the time
of final plat submittal.
37) All landscape areas will be irrigated and have an automatic rain sensor.
38) The Developer shall comply with Ordinance No. 2001-19 regarding community meeting
rooms requirements for residential subdivisions, except to the extent those requirements
are waived herein.
39) 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.
40) In the event gates are installed on the private roads of Phase 1, the gates and subdivision
shall comply with Article VIII, Chapter 34 of the Orange County Code for gated
communities as well as any amendments to that Article that may be enacted prior to
approval of the PUD. Further, in the event Orange County rescinds or ceases to have
regulations for gated communities, then the regulations in effect at the time of PUD
approval shall control. All references in said County Code Chapter to the "County" shall
be deemed to refer to the "City" for purposes of this requirement.
41) An overall subdivision plan shall be available for review by prospective buyers in all on
site residential sales offices.
42) To the extent any lift stations are required on the property they will be conveyed at the
time of platting. All such lift stations shall be fenced with black, decorative aluminum
fence, and shall be set back no less than 25' from any street. Such lift stations shall also
be screened with hedge -type shrubbery, such as viburnum or ligustrum. All such lift
stations shall meet all requirements of the City of Ocoee or Orange County, as applicable.
43) During submittal of a PSP for any single-family development, the Developer must show
"common areas" where required recreational facilities will be located within the
residential subdivision, in accordance with the City of Ocoee Land. Development Code.
44) All screen walls, landscape buffers, entry and corner landscape improvements, and
sidewalks shall be completed prior to issuance of the Certificate of Completion for those
areas which are platted.
45) Each platted phase of development shall stand on its own, or in connection with
previously developed phases, with respect to public services (sewer, water, stormwater
management, access and other related services).
0027160; i 1249111h96938\2
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46) The development of this Project will incorporate the stormwater needs of all internal
public roads, Clarke Road extension and Ingram Road improvement. In accordance with
the Center Lake Annexation Agreement referenced in COA #48 below, that portion of
Clarke Road will have its stormwater management needs served by the Center Lake
property.
47) In any gated area, a perpetual, non-exclusive easement for access over all internal
roadways and paved areas shall be granted in favor of the City and other applicable
authorities for law enforcement, fire, and other emergency services.
48) The following provisions shall apply:
I. The parties acknowledge that Clarke Road is intended to be improved from the
intersection with Clarcona-Ocoee Road (the "Intersection") to the northern
boundary of the Property (the "Clarke Road Right -of -Way") as set forth on the
matrix found on Sheet 6 and identified as Table I thereon. The Developer shall
construct Clarke Road in accordance with the phasing schedule as set forth on
said Table 1.
11. It is acknowledged that Center Lake Properties, Ltd., or its successors and assigns,
shares responsibility for a portion of the Clarke Road Right -of -Way improvement
as set forth in that certain Annexation Agreement between Center Lake Properties,
Ltd. and the City dated August 21, 2001 and recorded in Official Records Book
6332, Page 3000, Public Records of Orange County, Florida. Access points to the
Project shall align with the Oak Trail Reserve access points.
III. Center Lake Properties, Ltd., has committed to meet stormwater requirements for
a portion of the Clarke Road Right -of -Way as set forth in the Annexation
Agreement. However, if the Developer undertakes the extension of Clarke Road
prior to Center Lake Properties, Ltd., then the Developer will need to provide for
the stormwater requirements with the Property on a temporary basis until such
time as the Center Lake property is developed.
IV. Developer shall demonstrate that there will be no extraordinary increase in
construction or maintenance costs as a result of the depicted Clarke Road Right of
Way alignment.
V. Developer shall be responsible for any wetlands mitigation necessary due to
construction of any portion of the Clarke Road Right -of -Way on its Property.
VI. At Developer's expense, Developer will prepare and provide the City with a
metes and bounds legal description and sketch of description of the Clarke Road
Right of Way and shall incorporate the same in plats of that portion of the
Property adjacent to the Clarke Road Right -of -Way. The aforesaid legal
description and sketch shall be certified to the City and shall be subject to the
review and approval of the City. The foregoing shall be accomplished in
conjunction with the preliminary subdivision plan for any portion. of the property
north of Clarcona-Ocoee Road and shall be shown on said preliminary
002? 166,1l 1249 i i�ir364:z S'°,2
subdivision plan and the final subdivision plan. Clarke Road shall also be platted
in accordance with the phasing schedule set forth on Table 1 on Sheet 6.
VII. Until such time as the improvements contemplated for the Clarke Road Right -of -
Way are completed and accepted by the City, the Developer shall be solely
responsible for the Clarke Road Right -of Way, including, but not limited to, the
maintenance thereof and the payment of all applicable taxes.
VIII. Neither the Developer, its successors and assigns, nor any other person or entity
shall be entitled to any road impact fee credits or other compensation of any kind
for, on account of, or with respect to the required dedication and conveyance of
the Clarke Road Right -of -Way to the City, or the design, engineering, permitting,
and construction of Clarke Road, except as set forth below in paragraph 48 (xiii).
IX. Developer shall, at the appropriate time, apply for the vacation of Hobson Road
so as to facilitate the development of the Clarke Road Right -of -Way and quit
claim said right-of-way to the City of Ocoee after construction of Clarke Road.
X. Developer shall., at its sole cost and expense, design, engineer, permit, and
construct the entire Clarke Road Right -of -Way extension, except for that four -lane
segment to be designed, engineered and permitted by Center Lake Properties, Ltd.
(Center Lake Segment) pursuant to that certain First Amendment to Development
Agreement by and between the City of Ocoee and Center Lake Properties, Ltd.
Developer will be responsible for the reimbursement of design, engineering, and
permitting cost of the western two lanes of the Center Lake Segment, including
turn lanes. Developer will be responsible for the construction costs associated
with the western two lanes of the Center Lake Segment, including turn lanes. The
design, engineering and permitting will be accomplished at the same time, but the
construction may be phased in two lane segments. The preliminary engineering
for Clarke Road shall be included with the Preliminary Subdivision Plan for Phase
3 and the final engineering for Clarke Road shall be included in the Final
Subdivision Plan for Phase 3. Said plans to include all utility extensions and
stormwater requirements at Developer's expense.
XI. The Developer shall, within 60 days of a request by the City of the same, but in
no event Iaer than platting of any portion of the Property, convey to the City the
Clarke Road Right -of Way. The conveyance shall be by special warranty deed
free and clear of all liens and encumbrances except for those matters acceptable to
the City. The form of the special warranty deed shall be subject to the approval of
the City. The Developer shall, contemporaneously with the conveyance of the
property, provide to the City a current attorney's opinion of title, or a current title
commitment to be followed by a policy of title insurance, evidencing that fee
simple title to the property is free and clear of all liens and encumbrances except
for those matters acceptable to the City. The costs and expenses related to the
conveyance of the property, including the cost of title work, shall be borne solely
by the Developer. Real property taxes on the property shall be prorated as of the
day of the City's acceptance of the conveyance of the same, and the prorated
002,166`1112491 `.996938`2
_g_
amount of such real property taxes attributable to the Developer shall be paid and
escrowed by such owner in accordance with the provisions of Section 196.295,
Florida Statutes; provided, however, that if the conveyance occurs between
November I and December 31, then the Developer shall be responsible for real
property taxes for the entire year. Access points for Clarke Road will be as shown
on the Plan.
XII. The Developer shall construct the remaining portion of Clarke Road Right of Way
from Entrance 8 as shown on Sheet 5 to the northern boundary of the Property.
The Developer shall be entitled to receive City of Ocoee Road Impact Fee credits
for the actual cost of construction of such improvements for only that section of
Clarke Road.
XIII. All property east of Clarke Road, owned by Developer and adjoining Lake Trout
are to be dedicated to the City of Ocoee at the same time and in the same manner
as the Clarke Road Right -Of -Way is to be donated as set forth in 48(xi) above.
XIV. xiv. Clarke Road will be built in phases pursuant to 48(i) or prior to the
completion of construction of the elementary school within the Project, whichever
occurs first.
XV. xv. The Developer shall pay its fair -share for the cost of signalization of the
Intersection upon sixty (60) days notice from the City that the Intersection meets
warrants. No impact fee credit will be granted for the cost of signalization.
49) i. Prior to obtaining issuance of building permits for Phase 5 or 6 of the Project,
Owner shall improve that portion of Ingram Road adjacent to the Property into a 24 foot
wide curb and gutter urban section two lane roadway as shown in the Land Use Plan
("Ingram Road Improvements"). No connection. to Ingram Road from the Project will be
allowed prior to the completion and acceptance by the City of the Ingram Road
Improvements. In consideration for the construction of the Ingram Road Improvements
and provided that the improvements to Ingram Road as set forth in the Land Use Plan are
commenced within the time frame set forth herein and completed within one (1) year of
commencement, the Developer shall be entitled to receive City of Ocoee road impact fee
credits for the actual cost of construction of such improvements upon issuance of a
Certificate of Completion for the Ingram Road Improvements and acceptance by the City.
The Developer shall submit to the City's Development Review Committee ("DRC")
satisfactory documentation to support any Road Impact Fee credit pursuant to this
Condition. and the actual amount of the Road Impact Fee credit shall thereafter be
determined by the DRC based upon a review of such satisfactory documentation in the
manner provided by the Road Impact Fee Ordinance. The DRC shall not be required to
approve any Road Impact Fee credits for costs incurred by the Developer which exceed
the amounts set forth herein. Except as aforesaid, the Developer shall not be entitled to
any compensation in connection with the Ingram Road Improvements. In addition to the
Ingram Road Improvements described above, the Developer shall design, permit and
construct a southbound turn lane at Developer's expense with no Road Impact Fee
credits.
002 i ! 061x 1 i 24911)96918`,,2
.g_
ii. In the event that the Ingram Road Right -of -Way is less than 60' wide, the
Developer shall donate additional Right -of -Way on the eastern side of the existing
Ingram Road Right -of -Way. The City shall be responsible for any additional Right -of -
Way needed on the Western side of the existing Ingram Road Right -of -Way.
iii. All stormwater needs related to the Ingram Road Improvements will be provided
by the Project's master stormwater management system and constructed prior to
obtaining issuance of building permits for Phases 5 or 6.
iv. At anytime prior to the Owner constructing the Ingram Road Improvements, the
City may, at its option and its expense, elect to construct the Ingram Road Improvements.
To the extent the City constructs such improvements to Ingram Road, the Owner will not
be entitled to any road impact fee credit in connection therewith.
V. In addition to the Ingram Road improvements set forth above, the Developer will
design, engineer, permit and construct a southbound left turn lane into Entrance 1 as part
of the Ingram Road Improvements.
vi. Neither the Developer, its successors and assigns, nor any other person or entity
shall be entitled to any road impact fee credits or other compensation of any kind for, on
account of, or with respect to (a) any dedication for Ingram Road right-of-way as set forth
in 49(ii) above, or (b) the turn lane improvements set forth in 49(v) above.
50) Development within the 100-year floodplain and jurisdictional wetlands are subject to the
provisions of the Ocoee Comprehensive Plan, which may under certain circumstances allow
development in the 100-year floodplain elevation or jurisdictional wetland boundary. The
Developer may propose development within these areas based on Policy 2.3 of Chapter 5 of the
Ocoee Comprehensive Plan which permits such development in cases where offsetting on -site
environmental mitigation or enhancement of these areas is demonstrated to improve natural
functions or to provide low -impact uses or recreational amenities which encourage enjoyment of
such areas. Any such exceptions shall be evaluated as part of a preliminary subdivision plan
submittal. Nothing contained herein shall be construed as granting any such exceptions, unless
waived by the City.
51) An emergency access easement to all retention ponds and over all drainage easements
within the Project shall be dedicated to the City of Ocoee for emergency maintenance purposes at
the time of platting. The emergency access easement will not impose any obligation, burden,
responsibility or liability upon the City of Ocoee, to enter upon the subject property or take any
action to repair or maintain the drainage system.
52) Development of this property shall be consistent with the Development Agreement. In the
event of a conflict between this Plan and the Development Agreement, the Development
Agreement shall control.
53) The Developer shall construct a 6 foot high brick wall along: (1) the western perimeter of
the property abutting Ingram Road; (2) the southern perimeter along Clarcona-Ocoee Road; (3)
the eastern perimeter along Clarke Road; and (4) Phase 1 northern and western perimeter along
Clarcona-Ocoee Road. Said wall. shall be within a 10' wall and landscape tract. A homeowners
0027166\ 1 1249111.9969M21
_1U_
association shall own and maintain the wall and landscaping within. the 10' wall and landscape
tract except that all grass and landscaping on the interior of the wall shall be maintained by the
adjacent lot owner. The time of construction of the brick wall is set forth in Table 1 on Sheet 6.
54) Open space between townhome units, which is not part of an individual lot, shall
be owned and maintained by the homeowners association.
55) The development will comply with section 6-15 of the Ocoee Land Development Code
regarding multi -family development standards.
56) Street trees shall be provided by the Developer at a rate of one tree per townhome
unit prior to certificate of occupancy for each building.
57) Short term rentals (rental term less than 6 months) shall be prohibited. This restriction
shall be incorporated into the declaration for the townhome portion of the Project and shall
provide that the provision may be enforced by the City.
58) The declaration for the townhome portion of the Project will include language requiring
that garages must be used for parking cars and that parking will be prohibited on the private
streets, except in designated off-street parking spaces.
59) The declaration for the townhome portion of the Project shall prohibit RV and boat
parking within the townhome portion of the Project.
60) The declaration for the townhome portion of the Project shall include language requiring
that if trash cans are used at individual units, they shall be stored in the garage, but if they are
stored outside the garage they shall be screened from view with a decorative fence and/or
landscaping.
61) The declaration. for the townhome portion of the Project will include language requiring a
6' privacy fence on all three sides of any lot with an accessory structure, per section 5-6b of the
City of Ocoee Land Development Code.
62) The declaration for the townhome portion of the Project will include language requiring
limitations on the size and placement of accessory structures and privacy fences in certain rear
yards.
63) The declaration for the townhome portion of the Project will include language requiring
all lots with fencing to have a gated entrance along the rear lot line.
64) The declaration for the townhome portion of the Project shall provide that a trash pickup
will be provided for each individual unit. No dumpsters shall be utilized for waste disposal.
65) Meadow Lake, the 100-year flood plain adjacent thereto, and a 25 foot buffer upland
from the 100-year flood plain will be conveyed to the City at the time of platting, but will be
controlled and maintained by the Developer until such time as the City makes passive
improvements thereon or otherwise advises the Developer that the City is assuming control and
0021166•.112491 W96938t2
maintenance thereof. The City may open such tract to the public anytime after the City assumes
control thereof.
66) Drainage easements between lots are shown for locational purposes only. Final easement
dimensions (widths) will be shown on the final subdivision plan and will be sized to meet City
requirements.
67) Each residential lot shall have the minimum of three (3) trees per lot, and one street tree
with a minimum size of 10 ft. in height and 2 inch diameter at breast height (DBH).
68) All multifamily residential buildings comprised of three or more dwelling units,
regardless of square footage or number of stories, will include automatic fire protection systems.
69) For all privately owned streets, the homeowners association will be responsible for the
continued maintenance of all streets and sidewalks in accordance with all ADA requirements that
may now or hereinafter be applicable to the Project.
70) The Developer must develop the project in the phasing sequence noted on the PIan unless
it receives written approval of the City to deviate from such sequence. Prior to granting any such
approval, the City may require that the improvements set forth in Table 1 on Sheet 6 of the Plan
be constructed and accepted by the City with respect to any lower numbered phase.
71) The City, at the City's expense, will use best efforts to acquire the easement necessary for
the extension of utilities through the property located east of Phase 1 and south of Clarcona-
Ocoee Road. The Developer will be required, at its sole cost and expense, to design, engineer,
permit and construct certain utility improvements that are necessary for the development of the
Property, including but not limited to potable water lines, reuse water lines and sewer pipes,
within such easement area. These improvements will be designed, engineered and permitted as
part of the Final Subdivision Plan for Phase 1 of the Project and subject to approval of the City.
The City may require that the Developer upsize the potable water line, reuse water line and/or
sewer pipes to a size larger than. the size required on the Final Subdivision Plan for Phase 1.
The Developer agrees that, if requested to do so by the City as provided in this Condition of
Approval., it will upsize such improvements, provided, however, that the City will reimburse and
pay to the Developer the Developer's actual out of pocket costs incurred as a result of the
upsizing.
72) HOA responsibilities shall be as follows:
Arden Park Master Homeowner's Association (APMHOA) shall be responsible for:
• All Phases will be members of the APMHOA
• Overall Operation & Management of the entire Development
Architectural Review Committee for the entire community
• Master stormwater pond tracts operation and maintenance (all Phases)
0027166%112491\99693K2
-I2-
• Operation of all amenities in Phases 2-6
• Common Area Maintenance Phases 2-6 (Phase 1 outside of gated areas)
• Brick Wall / entry signage maintenance & replacement
Arden Park Phase 1 Sub-HOA (If gated) shall be responsible for:
• Only Phase I owners will be members of this HOA
• Budgeting for capital replacement/maintenance of infrastructure per the
"Orange County Gated Community Ordinance"
• Common Area Maintenance (excluding stormwater pond tracts -included
in APMHOA) of areas within the gated portion of Phase I
• Operation & maintenance of Phase I stormwater management system
• Operation & maintenance of all amenities within Phase 1
• Operation & maintenance of the Phase 1 gates
Arden Park Phase 2 Sub-HOA (Townhomes) shall be responsible for:
• Only Phase 2 owners will be members of this HOA
• Budgeting for capital replacement/maintenance of common building
elements including but not limited to roof replacement, structural
insurance, painting, termite bonds, etc.)
• Lawn/landscaping/irrigation maintenance
Arden Park Phase 5 Sub-HOA (Townhomes) shall be responsible for:
• Only Phase 5 owners will be members of this HOA
Budgeting for capital replacement/maintenance of common building
elements including but not limited to roof replacement, structural
insurance, painting, termite bonds, etc.)
• Lawn/landscaping/irrigation maintenance
73) No trees, only sod or soft wood shrubs may be planted over City of Ocoee utility lines.
74) The Owner will design, engineer and construct the Project's master stormwater
management system to account for the proposed elementary school site. The Owner will also
mass grade and stabilize the school site during the appropriate phase of construction. The school
site will be platted concurrently with the plat that creates the road network providing access to
CIO 27166,1 12491 `.99,6933,2
- 13 -
the school site. Appropriate drainage easements, in favor of the Orange County School Board,
will be granted at the time of platting of the school site, either by plat or separate document.
75) A 25-foot upland buffer is required above all wetlands and 100-year floodplain areas
unless waived by the City as part of an environmental enhancement program.
76) All streets within any portion of the project located north of Clarcona-Ocoee Road will be
public and dedicated as such on the plats for the Project.
0027166"i 12491 99693S'-2
"WAIVER TABLE - EXHIBIT C"
CODE
ISSUE
STANDARD
PROPOSED
JUSTIFICATION & PUBLIC
—71
BENEFIT
1
6-3.H
Sidewalks
Both Sides of
One Side Around
To allow tree preservation and
j
Internal Streets
Lake Sims
grading and for design around
I
Lake Sims
2
16-73.2
Development
No Development
i Environmental
To provide development within
i
( Within 100 -
! Enhancements and
the Lake Sims and Meadow
i
( Year Flood Plain
Passive Recreation
Lake 100-year floodplain area
into a creative environment
including stormwater
I
management, open space,
recreation, and wetland
creation.
3
6-7.13.3.f.1
Design criteria
Dry Bottom
Wet Bottom
! To utilize the 2 %2 acre wet
of detention
pond in Phase I and Lake Sims
facilities to
for stormwater management.
�
reduce peak rate
of flow
i
4
6-
Maintenance
5 Feet
None
To utilize the 2 %2 acre pond for
7.B.3.g.2
I Berm minimum
stormwater management in it's
requirement
natural state in Phase 1.
i
I
Existing side banks too steep to
provide maintenance berm.
5
6-7.B3.g.4
Maximum Side
5:1 Without
Existing side banks
To utilize the 2 %E acre pond for
Slopes
Fence
stormwater management in it's
natural state in Phase I.
Existing side banks are steeper
t
i
than 5:1.
6
6-
Erosion
Sod
Natural Vegetation
To utilize the 2 % acre pond for
i
7.13.3.g,6
Protection
;
stormwater management in its'
natural state in Phase 1.
j
Existing side banks contain
j
natural vegetation for erosion
(control.
i
7
6-10.B.5 7j
Historic & No removal .
Removal per
Only trees removed. from
Specimen Trees without finding
approved plan j
within the limited grading and
by TSRC
protected areas shall be counted i
toward replacement ratio. j
)uO` &112491 :9-110'.i
"WAIVER TABLE - EXHIBIT C"
8
16-9.A
Community
Required with
Community Room.
To allow construction of
Room
first phase of
deferral to 200►r
I meeting room to correspond to
development
I Certificate of
build -out of Phase 2 (first
Occupancy
northern phase).
9
6-3.K
Cul-de-Sacs
Maximum 800'
1200'
Preservation of specimen trees
in length I
E
on hillside in SW Phase 1.
NOTES:
1) Waiver No. 2 is subject and conditioned upon the Developer demonstrating on the Preliminary Plan for
the Property that the project is in compliance with Policy 2.3 of Chapter 5 of the Ocoee Comprehensive
PIan.
2) Waiver Nos. 4, 5 & 6 are applicable only to the reference 2 % acre pond and no other portion of the
project.
3) Waiver No. 8 is subject to the community meeting room being constructed no later than at the time of
development of the first phase of the first phase of any portion of the project located north of the Future
Clarcona-Ocoee Road.
002' 1661,1 1-7491 `;997,13W, i
FOLEY & LARDNER LLP
DRAFT
[November 14, 2006]
EXHIBIT "D"
(The "PDA Sketch")
q CLAREE ROAD DESIGN
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SECTION A N.T.S.
� OAK TRAIL RESERVE
ARDEN PARK
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SECTION B
CITY OF OCOEE �044
Po
SECTION C
9d ORCHARD PARK
PDAProfessional Design Associates, Inc O¢°
Engineers, Planners and Landscape Architects
C.rti}5oata of Authorization Number: 7107 41
3191 Maguire Blvd., Suite 190 Phone: (407) 898-1530
Orlando, Fl. 32803 Fax: (407) 898-2644
-20-
i RLA.425998.3
D(o — N3,ck
Copy of Public Hearing Advertisement
Date Published
Dvlandoser�i�el- j1/q1oU
Advertisement
CITY aF DCDEE
NOTICE OF PUBLIC HEARING
A DEVELOPMENT RPUNNED
ZONING T
RZ-"-M
VOTICE IS HEREBY GIVEN, pur-
•uant to subsection 166.041
(3)(c) 2., Florida Statues,
that on TUESDAY, NOVEMBER 21,
t006 at 7:15 P.M. or_as.soon
a Lana use Tian Provia-
g 925 residential units on
1.9 acres.
forested Parties may ap-
:ar at the public hearing
id be heard with respect
the proposed actions.
'he complete case file may
e inspected at The Ocoee
'ommunity Developmen
>epartment/Planning Di "
ion located at 150 Nortl
_akeshore Drive, Ocoee
=lorida between the hour!
if 6:00 a.m. and 5.00 p.m.
Monday through Friday, ex
:ept legal holidays.
the City Commission may
:ontinue the public hearing
0 other dates and times, a
t deems necessary. Any in
erested Party shall be ad
✓ised of the dates, Times
and places of any continua
lion of these or contlnue,
oublic hearings. Any contir
uances shall be announce
luring these hearings an
no further notices regardin
these matters will be put
lished. You are advised the
any person who desires t
appeal any dec sian mad
at the public hearings wi
need a record of the orc
ceedings and for this put
pose may need to ensur
that a verbatim record c
$i
at
Beth Eikenberry,
City Clerk
OLS111649 11/9/06
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� 1 1
LOCATION MAP
iltlJ)lildl J111,
SCHEDULE OF -SHEETS
i of io COVER SHEET,,�.;,
2 of 10 EXISTING CONDI ONS
3 of 10 BOUNDARY & TOPOGRAPffiC SURVEY
4 of 10 P.U.D. TREE SURVEY
5 of 10 P.U.D. DEVELOPMENT PLAN
6 of 10 ADDITIONAL PLAN DETAILS
7 of 10 CONDITIONS OF APPROVAL
8.of 10 MASTER CONCEPT PLAN
9 of 10 NEIGHBORHOOD AERIAL
10 of 10 DWELLING UNIT. ELEVATIONS
IS
OCT 2 i 2006 '
P,U,D, 03 NOV 05'n associaEes
OWNER ATTORNEY ENGINEER SURVEYOR APPLICANT 15 MAR 06 Urban & Environmental Planners • Landscape Architects
ARDEN PARK VENTURES, LLC HAL KANTOR, ESQUIRE LANCE BENNETT BUTCH ALLEN JAMES R. HALL 05 APR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
TES INC 30 JUN 06
2600 MAITLAND CENTER
LOWNDES, DROSDICK,
MSCW INC.
ALLEN &. COMPANY
CANIN ASSOCIA
1 02 AUG 06
PKWY. STE.200
DOSTER, KANTOR &. REED
4750 NEW BROAD ST.
1420 EAST ROBINSON STREET
500 DELANEY AVE.
28 AUG 06
MAITLAND FLORIDA 32751
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32814
ORLANDO, FLORIDA 32801
ORLANDO, FLORIDA 32801
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
202011
1 of 10
1
407-339-4114 ORLANDO, FLORIDA 32801 407-422-3330 407-897-1443 407-422-4040 29 SEPT O6
407-843-4600
27 OCT 06 WWW•CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
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PLANNED UNIT DEVELOPMENT
LOCATION MAP
1UiJ
SOILS TABLE
OL-16-1 DESCRIPTION �s�,�.�a _..�� �—_
3BASINGER FINE SAND; DEPRESSIONAD
^v�4 4CANDLER FINE SAND; 0 TO 5 PERCENT SLOPES— � �_ a
f 5 CANDLER FINE SAND; 5 TO 12 PERCENT SLOPES
6 CANDLER-APOPKA FINE SANDS; 5 TO 12 PERCENT SLOPES
I 20IMMOKALEE FINE SANDv*
38IST LUCIE FINE SAND; 0 TO 5 PERCENT SLOPES
40ISAMSULA MUCK I
F- 42�SANIBEL MUCK * `
46 TAVARES FINE SAND; 0 TO 5 PERCENT SLOPES
47TAVARES-MILLHOPPER FINE SANDS; 0 TO 5 PERCENT SLOPES
HYDRIC SOILS
For existing utility locations, see Sheet 9 of 9
For existing specimen trees, see Sheet 4 of 9
EXISTING CONDITIONS
LOWWWW1
BEAZER HOMES CORP.
2600 MAITLAND CENTER
PKWY. STE.200
MAITLAND, FLORIDA. 32751
407-339-4030
ATTORNEY
HAL KANTOR, ESQUIRE
LOWNDES, DROSDICK,
DOSTER, KANTOR & REED
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32801
407-843-4600
ENGINEER
LANCE BENNETT
MSCW INC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
LEGEND:
Project Boundary Line
100 Year Flood Plain (Lake Trout)
100 Year Flood Plain (Lake Sims)
100 Year Flood Plain (Meadow Lake
Soil Boundary Line
SURVEYOR
BUTCH ALIEN
ALIEN & COMPANY
1420 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801
407-897-1443
JAMES R. HALL
CANIN ASSOCIATES INC.
500 DELANEY AVE.
ORLANDO, FLORIDA 32801
407-422-4040
====MM
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1 AM. WALK
3W 0' 309 60V 12W
REVISED: canin associaces
03 NOV 05 Urban & Environmental Planners • Landscape Architects
15 N4AR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
05 APR 06
30 JUN 06
02 AUG 06
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
1"=300'
202011
2 of 10
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28 AUG 06
29 SEPT 06 WWW•CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
LEGAL DESCRIPTION:
PARCEL 1
Lots 1, 2 and 3, EMMA A. STIEFF SUBDIVISION, according to the
plat thereof, as recorded in Plat Book G, Page 106, Public Records
of Orange County, Florida, less County road right-of-way.
AND
Be in 13 80 chains East of Southwest co a of N rth t'/
g rn r o wes 4,
Section 4, Township 22 South, Range 28 East, run North 25.31
chains, thence Easterly in center of Orange Belt Railroad 19.68
chains, thence South 26.38 chains, thence East 6.42 chains, thence
North 40 chains, thence West 40 chains, thence South 40 chains,
East 13.80 chains, less railroad right-of-way and less county road
right-of-way.
AND
Beginning at a point in the center of A.C.L. Railroad Right-of-way,
910.8 feet East and 978.27 feet, more or less South of the
Northwest corner of Section 4, Township 22 South, Range 28 East,
run thence South 1606.07 feet, more or less, to the South line of the
Northwest'/4 of said Section 4, thence East 517.8 feet, more or less,
to the Southwest corner of Lot 3, of EMMA A. STIEFF
SUBDIVISION, according to the plat thereof, as recorded in Plat
Book G, Page 106, of the Public Records of Orange County, Florida,
thence North along the West line of said lot to the center line of the
A.C.L. Railroad right-of-way, thence Westerly along the center line
of said railroad to the POINT OF BEGINNING.
AND
The South '/ of the Southeast'/4 of the Southwest'/4 of Section 33,
Township 21 South, Range 28 East, less East 30 feet for road
right-of-way, Orange County, Florida.
AND
The North'/ of the Southeast'/4 of the Southwest'/4 of Section 33,
Township 21 South, Range 28 East, less the East 30 feet for road
right-of-way, Orange County, Florida.
AND
The Northeast'/4 of the Southwest % of Section 33, Township 21
South, Range 28 East, Orange County, Florida.
AND
The Northeast'/4 of the Southeast'/4 and the North 130 feet of the
Southeast'/4 of the Southeast'/4 of Section 32, Township 21 South,
Range 28 East, Orange County, Florida, less the West 30 feet for
road right -of --way.
AND I 1 1
1 1
The Northwest'/4 of the Southwest'/4 and the North.130 feet of the
Southwest'/ of the Southwest'/ of Section 33, Township 21 South, WEST 30'
Range 28 East, Orange County, Florida. NO ROW FOUND
PARCEL 2
The Southeast'/4 of the Southeast'/¢ of Section 32, Township 21 1 I1
South, Range 28 East, and the Southwest'/4 of the Southwest'/4 of `�
Section 33, Township 21 South, Range 28 East (less 528 feet off
the South side of both sections and less 130 feet of the North side
of both sections) Orange County, Florida. 1 `I,
AND' . 1 -1
The south 528 feet of the Southeast'/4 of the Southeast'/¢ of
1
Section 32, Township 21 South, Range 28 East, and the South 528
feet of the Southwest'/¢ of the Southwest'/4 of Section 33,
Township 21 South, Range 28 East, Orange County, Florida. 1 1
All being more particularly described as follows: 1 1
PARCEL 1
A portion of land lying in Section 4, Township 22 South, Range 2$
East, Orange County, Florida, including part of Lots 1, 2 and 3, 80' ROW
EMMA A STIEFF SUBDIVISION, according to the plat thereof as WEST ORANGE
recorded in Plat Book "G", Page 106 of the Public Records of MEMORIAL PARK '
Orange County, Florida. PLAT BOOK "Y"
O
Being more particularly described as follows: PAGES &.138
Commence at the North'/4 corner of said Section 4; thence run
South 01 °27'07" West along the East line of the Northwest'/4 of i
Gilliam Annie D TR,
32-21-28-0000-00-0,'
11
Lake Tracy LLC,
32-21-28-0000-00-006
Said Section 4 for a distance of 847.14 feet to the POINT OF Map
i / t r / e l 1 `�1 S It
BEGINNING; thence continuing along said East line run SouthWAY- -�
�
^I �
01 °27'07" West for a distance of 1839.23 feet to the center of said
J � a jam{ is'}t'
j Z
.
Section 4, also being a point on the South line of the Northwest'/4 of
o,
;
said Section 4; thence departing said East line run South 89 °20'41"
f
West along said South line, for a distance of 2651.43 feet to a point
' !: ;c"' )
on the Easterly right-of-way line of Clarcona-'Ocoee Road; thence
:,t A ' r R,t N"%
departing said South line run North 02 44 31 East along said
� i , . i k -, j } , ',4 ,
Easterly right-of-way line for a distance of 1367.98 feet to a point of
ia.._ r ` r
1' `
curvature of a curve concave Southeasterly and having a radius of 1
',r �, F i , ; i '; , } ' ..
t
150.46; thence departing said Easterly right-of-way line run
- , .,,,
i '
Northeasterly along said curve through a central angle of 70 °46'57"
€ `;.. `_� J; , I } '> ��. �;
jr
for an arc distance of 185.88 feet to a point of tangency also being a
` �.-_ ; ; ; ;, , _ . ' ;
point on the Southerly right-of-way line of West Orange Trail /
# c 'i ) t t t t'// s' :. i i
Clarcona-Ocoee Road; thence continuing along said Southerly . I
r
, , rt, fj ':t .
.
right-of-way line run North 73 °31'28" East for a distance of 210.06
t, ' ` ry ,t'f st j , ,. , r�/ ;,
feet to a point of curvature of a curve concave Southeriy and having
�1„ f j
a radius of 1824.86 feet; thence run Easterly along said curve .
jf�+' f
1 :� iT1� ,i . ,:`; ,F ;t�tt.. 4,
O . n
through. a central angle of 16 21 26 for an arc distance of 520..89 1 .
fcJ,� t� �- �„�,
1� � `;,rtft f , 3
feet to a point of tangency; thence run North 89 °52'44" East fora 1
.
' . , l ,��,a't ' , 1.
distance of 885.73 feet to a point of curvature of a curve concave
t ` :',t `i ` ,
Northerly and having a radius of 1994.82 feet; thence run Easterly
w
a, �
along said curve through a central angle of 27 010'22" for an arc 3O' ROW PER
.;, t,,
�� . , , �,!
distance of 946.05 feet to a point of compound curvature of a curve O.RB. 3617, 1
concave Northerly and having a radius of 1722.16 feet; thence run PAGE 1884
i - ; , � ,. 1
i EAST 30' : ` �, , " \!,,`, , ,.iS ;'
Easterly along the arc of said curve through a central angle of I' NO ROW FGVND;
00°30'15" for an arc distance of 15.15 feet to aforesaid POINT OF .
BEGINNING. , , - .
il;i �'
PARCEL 2 � 8$'34'2i
DESCRIPTION 0 = 38'05'33' t50
R = 90.00,
That part of Section 32 and 33, Township 21 South, Range 28 East, L = 59.84' .
and That part of Section 4, Township 22 South, Range 28 East, \\
Orange County, Florida, described as follows:
Commence at the North'/4 corner of said Section 4; thence run
S89°33'56"W along the North line of the Northwest'/¢ of said Williams Yvonne D, \
Section 4 for a distance of 30.00 feet to a point on the West 05-22-28-0000-00-036 ',
�: � , ` -,
right -of --way line of Hobson Road and the POINT OF BEGINNING; �,h`
thence run the following two (2) courses and distances along the 60' ROW PER ' ,
West right-of-way line of Hobson Road, as shown on the Orange O.R.B. 3598, PAGE 1221
County Right-of-way Plans, Project No. Y9-821: S89 °33'56"W, 2.31 4
feet; thence run S00 °26"55"W for a distance of 730.48 feet to the Marshall Dorothy M, \ `
Northerly right-of-way line of West Orange Trail Clarcona-Ocoee OS-22-28-0000-00-032 \� t
Road; thence run the following courses and distances along said _ _'
Northerly right-of-way line from a non -tangent curve concave Dukes Billie E, \ N
Northwesterly having a radius of 1612.16 feet and a :chord bearing .
05-22-28-0000-00-014 C
of S61 45 06 W; thence run Southwesterly along the arc of said � z ; .3
curve through a. central angle of 01 °54'32" for a distance of 53.71 Greer William J ''
feet to the point of compound curvature of a curve concave ' \ lg
Northwesterly having a radius of 1884.82 feet and a chord bearing 05-22-28-0000-00-037 `� m W;
of S76°17'33"W; thence run Southwesterly along the arc of said � *:
curve through a central angle of 27 010'22" for a distance of 893.88 O.R.B. 6867
feet to the point of tangency; thence run S89 °52'44"W for a distance PAGE 2505 ---�.
of 236.97 feet; thence run N00 °07'16"W for a distance of 5.000 feet; o - 53 71
thence run S89°52'44" W for a distance of 648.76 feet to the point R, 106ss' •.
of curvature of a curve concave Southeasterly having a radius of = 17'49'44- r
1939.86 feet -and a chord bearin of S81 °42'06"W; thence run - RLa-265.4V
9
Southwesterly along the arc of said curve through a central angle of , a, i, ,
16°21'16" for a distance of 553.71 feet to a non -tan ent line; thence
,�
9
0
run S16 28 32 E for a distance of 5.00 feet; thence run ,
o ,�
. i
S73 3128 W for a distance of 197.11 feet• thence leavin said
,� '
9 .
Northerly right-of-way line run S16 °28 32 E for a distance of 50.00 '! 1=�,'
feet; thence run S73 °31'28"W for a distance of 34.04 feet to a / / 0 °'
non -tangent curve concave Southeastery having a radius of 210.45
feet and a chord bearing of S64 °23'15"W; thence run Southwesterly w ' '
along the arc of said curve through a central angle of 18 °59'57" for a j.±-q .. /: !.
distance of 69.79 feet to a non -tangent curve concave Westerly Q
1
having a. radius. of 110.00 feet and a chord bearing of N21 °43'20"W; , ;. 'f
thence run Norther) alon the arc of said curve throw h a central I� � `t
„Y 9 9
O
angle of 49 25'49 for a distance of 94.90 feet to the point of i
tangency; thence run N46 °26'15"W for a distance of 15.58 feet to a
point on the West line of Northwest'/4 of said Section 4; thence run 1
NO2°33'07"E along said West line for a distance of 1075.64 feet to i ,
the Northwest corner of said Section 4; thence run N85 °36'19"W 0
along the south line of the Southeast'/4 of Section 32 for a distance � U;' i`
of 1283.57 feet to a non tangent curve concave Easterly having a / I
radius of 90.00 feet and a chord bearing of N19 °32'25"W; thence /
run Northerly along the arc of said curve and the East right of -way V W `
line of Ingram Road, through a central angle of 36 °57'14" for a ; � ;R
distance of 58.05 feet to the point of tangency; thence run ^ ,
N00°12'00"W alon said East ri ht-of-wa line fora distance of ~r'1"'`'
9 9 Y � to
2707.35 feet to a point on the North line of the Southeast'/¢ of said O
Section 32; thence run N89 °29'27"E along said North line for a NOTE: `
distance of 1287.35 feet to the East'/ corner of said Section 32; " Owner' will dedicate necessary land along Ingram Rd.
thence run S89°17'49"E along the North line of the Southwest'/4 of to maintain a fiil16Y Right of Way, /
said Section 33 for a distance of 2668.50 feet to the Northeast
corner of the Southwest'/ of said Section 33; thence run �T
S00°04'29"W along the West line of TROUT LAKE CAMPS, LE �.1 END .
according to the plot thereof, as recorded in Plat Book K, Page 95,
of the Public Records of Orange County, Florida, and the East line
of the Southwest'/4 of said Section 33 and a projection thereof for a
distance of 1409.06 feet to the Northeast corner of the Southeast'/4
of the Southwest'/4 of said Section 33; thence run N89 °51'47"W
along the North line of the Southeast'/4 of the Southwest'/4 of said
Section 33 and the North right-of-way line of Hobson Road for a
distance of 30.00 feet; thence leaving said North line run
S00°04'29"W along the West right-of-way line of Hobson Road for a
distance of 1409.36 feet to the POINT OF BEGINNING.
TOGETHER WITH EASEMENT AS SET OUT IN OFFICIAL
RECORDS BOOK 5004, PAGE 3955, PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA.
Contour (1 ft. Interval)------....105-_-__--.._
100 Year Flood Plain �.' e -
LINE TABLE
LINE
DIRECTION
DISTANCE
L1
S
89'32'54"
W
32.31'
L2
N
89'20'41"
E
44.42'
L3
N
16'28'32"
W
5.00'
L4
N
73`31'28"
E
197.11'
L5
N
16'28'32"
W
50.00'
L6
N
73'31'28"
E
38,30'
L7
N
73'31'28"
E
210.06'
L8
S
00'07'16"
E
5.00'
L9
N
89'52'44"
E
236.97'
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORD
BEARING
DELTA
C1
1612.16'
53.71'
53.71'
N 61'45'06" E
01'54'32"
C2
1722.16'
15.15'
15.15'
N 62'27'15" E
00'30'15"
Gormican Robert F,
3 3 -21-2 8-0000-00-011
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Nobles Henry A JR, Oliver Jerry Life Estate, Woodbery Family Limited
04-22-28-0000-00-017 04-22-28-0000-00-002 Liability Partnership,
04-22-28-0000-00-004
309 0' 300' 600' 1200'
3W 0'
1 MIN. WALK
REVISED: ca�in ass ci Ees
03 NOV 05
OWNER ATTORNEY ENGINEER SURVEYOR APPLICANT 15 MAEZ 06 Urban & Environmental Planners a Landscape Architects
ARDEN PARK VENTURES, LLC HAL KANTOR, ESQUIRE LANCE BENNETT BUTCH ALLEN JAMES R HALL 05 APR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
2600 MAITLAND CENTER
LOWNDES, DROSDICK,
MSCW INC.
ALLEN &- COMPANY
CANIN ASSOCIATES INC.
30 JUN 06
PKWY. STE.200
DOST'ER, KANTOR &. REED
4750 NEW BROAD ST.
1420 EAST ROBINSON STREET
500 DELANEY AVE.
02 AUG 06
MAITLAND FLORIDA 32751
215 NORTH EOLA DRIVE
ORLANDO FLORIDA 32814
ORLANDO FLORIDA 32801
O;RI,ANDO FLORIDA 32801
28 AUG 06
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
111=300'
202011
3 of 10
7 f 7 ,
407-339-4114 ORLANDO, FLORIDA 32801 407-422-3330 407-897-1443 407-422-4040 29 SEPT 06 WWW.CANIN.COM COPYRIGHT (C)2o04 CANIN ASSOCIATES, INC. r
407-843-4600 27 OCT 06
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PLANNED UNIT DEVELOPMENT
LOCATION MAP
X JLX%-,') J_,%� A UA A Ad
SPECIMEN
TREE NUMBER LIST
6
42"
OAK
4124
28" OAK
55
42"
OAK
4128
3, 2 CAMPHOR
56
42"
OAK
4129
"Dj 6 OAK
424
24"
OAK
4130
28" OAK
500
27"
OAK
413—
24" OAK
506
24"
OAK
4149
48" OAK
507
36"
OAK
4150
4151
36' OAK M
02" OAK,
....... ...
513
24"
CHINABERRIE
4152
38" OAK
N.>
521
24"
OAK
4153
48" OAK
522
28"
OAK
4154
36" OAK
524
29"
OAK
4167
28" OAK
525
25"
OAK
4169
34" OAK
527
45"
OAK
4172
24" OAK
528
41 "
OAK
4187
QUADRUPLE 24" OAK
529
25"
SWEETGUM
4191
52" OAK
530
30"
SWEETGUM
4193
36" OAK
551
36"
OAK
4195
26" OAK
552
33"
OAK
4203
TWIN 26" OAK
555
TWIN 27" OAK
4206
24" OAK
666
24"
OAK
422-7
25' OAK
668
40"
OAK
4 2,19
24" OAK
671
TWIN
28" OAK
4257
26' CEDAR
672
30"
OAK
4258
38" OAK
673
24"
OAK
4261
24" OAK
674
28"
OAK
4265
27" OAK
675
30"
OAK
4282
32" OAK
677
26"
OAK
4303
TRIPLE 240 OAK
700
30"
OAK
4328
26" OAK
703
28"
OAK
4335
24" PALM
706
40"
OAK
4341
26" OAK
Am.,
707
25"
OAK
4342
TWIN 26" OAK
719
34"
OAK
4344
QUADRUPLE 24" OAK
720
36"
OAK
4357
24" OAK
aa
721
40"
OAK
4361
28" OAK
722
30"
OAK
4365
50" OAK
756
24"
OAK
4377
TWIN 30" OAK
767
TWIN 24" OAK
4381
24" OAK
MEW .... .. . ....
772
25"
OAK
4388
30" PALM
1%
785
24"
OAK
4393
36" OAK
S.
787
37"
OAK
4404
28" OAK
794
41"
OAK
4410
34" PALM
803
24"
OAK
4447
TWIN 24" OAK
.............
......... ..................
841
24"
OAK
4459
36" OAK
.....
.... ....
. . .. .. . W1
1067
25"
OAK
4460
38" OAK b
1073
24"
OAK
4611
30" OAK
1142
28"
OAK
4711
TWIN 30" OAK
1321
24"
OAK
4876
24" PALM
1400
24"
OAK
4877
4881
24" PALM
38" OAK
4902
24" OAK
-LEGEND:
4903
26" OAK
4904
26" OAK
4905
24" PALM
4907
26" OAK
Areas of Limited
Grading
4909
28" OAK
4913
24" OAK
4916
24" OAK
Protected
Area
4917
26" OAK
4920
4933
36" OAK
26" OAK
Project Boundary
4934
48" OAK
4937
50" OAK
4944
36" OAK
4948
40" OAK
NOTES:
All protected trees (DBH of more than 8" or palms with 4.5'of dear trunk between ground level and lowest frond)
shall be replaced at a 4 to I ratio at developer expense.
All specimen trees (DBH of 24" or greater) will be protected by tree protection zones during development activity
within the identified areas of limited grating
P,U,D,, T S
rGYMM6
5
AMEN PAM VENTURES, LLC
2600 MAITLAND CENTER
PKWY. STE.200
MAITLAND, FLORIDA 32751
407-339-4114
F—]
ATTORNEY
HAL KANTOR, ESQUIRE
LOWNDES, DROSDICK,
DOSTElt, KANTOR &REED
215 NORTH EOIA DRIVE
ORLANDO, FLORIDA 32801
407-843-4600
ENGINEER
LANCE BENNETT
MSCWINC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
SURVEYOR
BUTCH ALLEN
ALLEN & COMPANY
1420 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801
407-897-1443
ENTIJI-411-100�101
JAMES R. HALL
CANIN ASSOCIATES INC.
500 DELANEY AVE.
ORLANDO, FLORIDA 32801
407-422-4040
I NEN. WAIK
300' 01 309 609 12001
1 1 1 1 1
1 11111L ---------- �_ I NNEEMq I
REVISED:
03 NOV 03
15 MAR 06
05 APR 06
30 JUN 06
02 AUG 06
28 AUG 06
29 SEPT 06
27 OCT 06
L
14(41111me [a
Urban & Environmental Planners - Landscape Architects
500 Delaney Avenue, Orlando, Flohda 32801 (407)422-4040
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
111=300'
202011
4 of 10
I
WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
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SITE DA7
GROSS ACRES:
NET ACRES:
1 1<V) Lv .L &Jl 1 L
PROPOSED USES: DETACHED SINGLE FAMILY (595 UNITS)
ATTACHED SINGLE FAMILY (330 UNITS)
PRIVATE RECREATIONAL FACILITIES
MAX, NUMBER OF DWELLING UNITS: 925 D.U.
MAX. PARCEL NET DENSITY: 2.96 D.U./AC.
SCHOOL AGE POPULATION: 388 (960 D.U. x .485) PER ORANGE COUNTY CODE
ELEMENTRY SCHOOL 194
MIDDLE SCHOOL 97 A-1
HIGH SCHOOL 97
SITE AMENITIES: 10 PER OCOEE LAND DEVELOPMENT CODE
(INCLUDING 1,000 SQ. FT. COMMUNITY MEETING ROOM
SEE CONCEPT PLAN (SHEET 8) FOR TYPE AND LOCATION)
MAX. BUILDING HEIGHT:
REQUIRED PARKING:
SETBACKS:
LOT SIZE:
OPEN SPACE:
STORMWATER MANAGEMENT:
RECREATION AREAS:
PHASES:
UTILITIES
WATER: -
SEWER.
WATER USEA.GE:
SEWER USEAGE:
REUSE:
COMMON AREA MANAGEMENT:
35' &. or 2 STORIES
SEE PLAN SUMMARY TABLE
SEE RESIDENTIAL GUIDELINES TABLE
SEE RESIDENTIAL GUIDELINES TABLE
30 %
PER OCOEE &. SJ.RW.M.D. STANDARDS
18.4 Ac. (960 D.U. x 3 [PEOPLE PER
HOUSEHOLD]/1,000 x 5)
6
SOUTH - OCOEE
NORTH - ORANGE COUNTY
SOUTH - OCOEE
NORTH - ORANGE COUNTY
300 G.P.D./E.R.U. OR 288,000
270 G.P.D./E.R.U. OR 259,200
CITY OF OCOEE
BY H.O-A.'S as stated in Condition
of Approval (Sheet 7 of 9)
* OWNER WILL DEDICATE ANY NECESSARY LAND ALONG INGRAM ROAD
TO MAINTAIN A FULL 69 RIGHT-OF-WAY.
LEGEND "2'
Williams Yvonne D,
05-22-28-0000-00-036
Marshall Dorothy M, \ \
05-22-28-0000-00-032
1/ THE ENTIRE SITE MAY BE MASS GRADED EXCEPT AREAS NOTED AS LIMITED GRADING
OR PROTECTED AREA- THE EXACT LIMITS OF THESE AREAS WILL BE ESTABLISHED
WITH THE PSP AND THE LIMITS ON THIS PLAN ARE ONLY APPROXIMATE.
• LIMITED GRADING: ROAD RIGHT OF WAYS WILL BE MASS GRADED. LOTS WILL BE
GRADED ON AN INDIVIDUAL LOT BASIS TO ALLOW TREE PROTECTION.
• PROTECTED AREA: NO RESIDENTIAL USE OR ROADWAY FACILITIES ARE ALLOWED WITHIN
THE PROTECTED AREAS. THE PROTECTED AREAS WILL BE LEFT IN A NATURAL STATE,
PROVIDE FOR ENVIRONMENTALLY ENHANCED STORMWATER MANAGEMENT FACILITIES,
AS APPROVED BY THE CITY, OR ENHANCED WITH LANDSCAPING.
2/ ALL LAND EAST OF CLARKE ROAD AND ADJOINING LAKE TROUT WELL BE DEDICATED TO THE CITY
DT AXT CT TAA'AA ADXr T2V DLT A CTC
A:I \
Dukes Billie E,
05-22-28-0000-00-014
Greer William J, \
05-22-28-0000-00-037
PROPOSED PRODUCT TYPE PHASE 1 PHASE 2 PHASE-3 PHASE 4 PHASE 5 PHASE 6 TOTAL MIN. SF
RANGE
AWAGE PARIONG "
ATTACHED SF. HOMES (Townhomes) 0 170 0 0 160 0 330 1300
130011 1784
1500 743
DETACHED SF. HOMES (55') 100 0 163 32 91 89 475 1650
1800 3100
2200 950
DETACHED SF. HOMES (75') 0 0 0 0 0 26 26 1750
2000 - 3500
2500 52
DETACHED SF. ESTATE HOMES (85') 69 0 0 25 0 1 94 2500
2500 - 4000
3000 188
TOTAL 169 170 163 57 251 115 925 3'
1933 2'
I/ PARING SPACES WITHIN GARAGES ARE NOT COUNTED TOWARD REQUIRED PARKING.
W TWO (2) PARKING SPACES PROVIDED FOR EACH SINGLE FAMILY HOME AND TWO AND ONE QUARTER
(2.25) PARKING SPACES PROVIDED FOR EACH TOWNHOME.
3/ THE NUMBER OF DWELLING UNITS INDICATED IS A MAXIMUM AMOUNT, WHICH MAY BE BE CONSTRUCTED,
DEPENDING UPON SITE CONDITIONS AND MAXIMUM LOT CONFIGURATIONS.
RESIDENTIAL GUIDELINES I,3/W51
LOT TYPE
MIN. LOT
SIZE
BUILDING SETBACKS 21
LOT LINE SETBACKS
- ATTACHED
SINGLE FAMII.Y
FRONT
SIDE
SIDE
STREET
SIDE
(ZERO LOT)
REAR
SIDE BY SIDE
REAR TO
REAR
SIDE
TO REAR
REAR TO
DECORATIVE WALL
ATTACHED SF. HOMES
20' x 11V
20'
- -
29
a
15'
20'
29
30,
110'
DETACHED SF. HOMES
55' x 125'
20'
7.5'
20
- - -
25'
- - -
- - -
- - -
- - -
DETACHED SF. HOMES
75' x 125'
25'
7.5'
29
- - -
25'
- - -
- - -
- - -
- - -
DETACHED SF. HOMES
85' x 125'
1 25'
1 10'
1 29
1
25'
- - -
- - -
- - -
- - -
1/ ALL SETBACKS ARE MEASURED FROM PRINCIPAL STRUCTURE TO PROPERTY LINE, UNLESS OTHERWISE NOTED.
2/ ENCROACHMENT OF A/C PADS, CHIMNEYS, ROOF OVERHANGS, UTILITY EQUIPMENT, BAY WINDOWS,
AND PRIVACY WALLS MAY EXTEND INTO YARD SETBACK.
3/ FIRST INTERNAL ACCESS POINT NO CLOSER THAN 309 TO INTERSECTION OF ROADWAY ENTRANCE.
4/ PHASE # 1 MAY BE GATED. (See Conceptual Detail on Sheet 8 of 9)
5/ NO BUILDINGS OR ASSESSORY STRUCTURES ARE TO BE BUILT WITHIN ANY EASEMENT OR BUFFER AREA.
SCHOOL CONCURRENCY NOTE
IIV
LOTDE
2U MIN. 21YMIN. 20' MIN. 21YMIN.
"WB712iLOT�WIDTLAyr
HWII7IHLOT LOT�WID'IH
TYPICAL ATTACHED SF. LOT
15' BUILDING
SETBACK
Kensington Manor Homewoners
Association Inc.,
33-21-28-4216-00-006
-," W 1WW
I Mi 0& im
2m 2a
(CORNER LOT)\ 55' (CORNER LOT) 75'
FiLOT WIDTH rRIGHT-OAWAY ( LOT WIDTH
�TB INGF 1 SETBACK
Woodbery Family Limited
Liability Partnership,
04-22-28-0000-00-004
2V
(CORNER LOT)
r-RIGHT-OFZY-� LOTWI
LOT DEPTH ' I ( I LOT DEPTH I I ( I LOT DEPTH
RRi .•.w„� III-�I I �°:
7S' MAX. BUU-DING 7-5 7SY-MAXXOI'LDING--L�7S'40
BUILD DIM. BUQ.DING BUnDING DIM. BUQ DING
SETBACK SETBACK SETBACK SETBACK
RIGHT-0E-WAY RIGHT-OF-WAY
TYPICAL DETACHED SF. 55' LOT t TYPICAL DETACHED SF. 75' LOT
SITE ACREAGE (NET)
ZONING & FUTURE
ZONING
MAXIMUM NUMBER
PROPOSED NUMBER
NET UNIT
LAND USE (FLU)
ALLOWABLE
OF UNITS ALLOWED
OF UNITS
DIFFERENCE
DENSITY
BY EXISTING ZONING
312.9 acres
R-IAA (Single-Fainily) &
0 to < 3 (2.99) units/acre
938 units
925 units
-13 units
LDR (Low Density
Residential)
Note: The proposed number of units will generate less residential units and thereby less school impact than the existing Zoning allows.
-to] - --in
L"I III-13-AVA-0 V�T4 1 11 L
Cif
ARDEN PARK VENTURES, LLC
2600 MAITLAND CENTER
PKWY. STE.200
MA.ITLAND, FLORIDA 32751
407-339-4114
9_M RIL P-16,'1
HAL KANTOR, ESQUIRE
LOWNDES, DROSDICK,
DOSTER, KANTOR &- REED
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32801
407-843-4600
ENGINEER
LANCE BENNETT
MSCW INC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
SURVEYOR APPLICANT
BUTCH ALLEN JAMES R. HALL
ALLEN & COMPANY CANIN ASSOCIATES INC.
1420 EAST ROBINSON STREET 500 DELANEY AVE.
ORLANDO, FLORIDA 32801 ORLANDO, FLORIDA 32801
407-897-1443 407-422-4040
25'BURDING I
7 , NCI
65'
1P MAX -BUILDING la
BUILDING DIM. BUILDING
SETBACK SETBACK
RIGHT-OF-WAY
ITYPICAL DETACHED SF. 85' LOT
300' Ia
I MIN. WALK
309 0' 309 600' 1200'
REVISED: c in ass ciaces
03 NOV 05
15 MAR 06 Urban & Environmental Planners . Landscape Architects
05 APR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
30 )UN 06
02 AUG 06
28 AUG 06
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
111=300'
202011
5 of 10
29 SEPT 06 WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
27 OCT 06
L
J LI
rI I
I -Ai big-affai
PLANNED UNIT DEVELOPMENT
TYPICA-L LAKE BUFFER
PERIMETER WALL CONCEPT
ELZMAMON
..
TABLE 2
T YPIE , .L PERIMETER " ' .'.L . BUFFER
SRC�UaX rr.Z s
CODE
ISSUE
STANDARD
PROPOSED
JUSTIFICATION * PUBLIC BENEFIT
1
(0-3.N
Sidewalks
Both Sides of Internal Streets
One Side Around Lake Sims
To allow tree preservation and grading and for design around Lake Sims
Environmental
To provide development within the Lake Sims and Meadow Lake
2
6-7.B.2
Development Within
Dev
Dev
No Development
Enhancements and
100-year floodplain area Into a creative environment Including
Year Flood Plain
Passive Recreation
stormwater management, open. space, recreation, and wetland creation.
Design criteria of detention
3
6-73.3.f-I
facilities to reduce peak
Dry Bottom
Net Bottom
To utlize the 2 1/2 acre wet pond in Phase I and Lake Sims for
stormwater management.
rate of f low
4
6-7.8.3. .2
g
Maintenance Berm minimum
5 Feet
None
To utilize the 2 1/2 acre pond for stormwater management in it's
natural state in Phase 1. Existing side banks too steep to provide
requirement
maintenance berm.
5
6-7.B.3.g.4
Maximum Side Slopes
5:1 Without Fence
Existing side
To utilize the 2 1/2 acre pond for stormwater management in it's
banks
natural state in Phase 1. Existing side banks are steeper than 5:1.
To utilize the 2 1/2 acre pond for stormwater management in it's
(o
G-73.3.g.6
Erosion Protection
Sod
Natural Vegetation
natural state in Phase 1. Existing side banks contain natural vegetaion
for erosion control.
7-10.B.5
1-llstorlc Specimen Trees
No removal wi thout finding
Removal per
Only trees removed from within the limited grading and protected areas
b TSRC
Y
approved plan
shall be counted toward replacement ratio
Community Room
8
(o-q.A
Community Room
Required with first phase
deferral to 200th
To allow construction of meeting room to correspond to build -out of
of development
Certif icate of
Phase 2 (first northern phase).
Occupancy
q
(o-3..K
Cut -de -Sacs
Maximum 800' in lenght
1200'
Preservation of specimen trees on hillside in SW Phase 1
NOTES:
1) Waiver No. 2 is subject and conditioned upon the Developer demonstrating on the Preliminary Plan for the
Property that the project is in compliance with Policy 2.3 of. Chapter 5 of the Ocoee Comprehensive Plan.
2) Waiver Nos. 4, 5 $ (o are applicable only to the reference 2 1/2 acre pond and no other portion of the project.
3) Waiver
No.
8 is
subject to
the community
meeting room
being constructed no
later than at the time
of
development
of
the
first phase
of any portion
of the project.
located north of the
Future Clarcona-Ocoee
Road.
Arden Park Enhancement Plan: Wetland, Upland Buffer and Retention Areas
The enhancement plan for Arden Park consists of the littoral zones and buffers of Lake Sims and
Meadow Lake, as well as the project's proposed water retention areas. Vegetation within Lake
Sims includes comwort (Centella asiatica), pennywort (Hydrocotle urnbellata), maidencane
(Panicunt henitoinon), fragrant water lily (iyvntphaea odorata), torpedograss (Panicurn repens),
broomsedge (Andropogon virginicus), beakrush (Rhynchospora sp.), primrose willow (Ludivigia
octavalvis), cattail (Tvpha sp.), blackberry- (Rubus fructicosus) and Carolina willow (Salix
caroliniana). Vegetation within Meadow Lake includes pennyivort (Hydrocotle unabellata), wax
myrtle 614rica cerifera), maidencane (Panicurn hemitomon), water lily (Nvfnphaea odorata),
cattail (Typha sp.), sedges (Carex sp. and Cvperus sp.) broomsedge (Andropogon virginicus),
beakrush (Rhynchospora sp), torpedo grass (Panicttnt repens), primrose willow (Ludwigia
octavalvis), pickerelweed (Pontedaria cordata) and mnbrella grass (Fatirena sgatarrosa). The
invasive exotic vegetation within the littoral zones of Lake Sims and Meadow Lake will be
treated with herbicide, cleared, and replanted. These littoral zones will be planted with
herbaceous species including pickerel weed (Pontederia cordata), duck potato (Sagittaria
lancifolia), sand cordgrass (Spartina bakeri), softrush (Juncus eftsits), and/or maidencane
(Panictint hendtomon). The lake edges will be planted with red bay (Persea borbonia), loblolly
bay (Gordonia lasianthus), slash pine (Pinus elliotti), laurel oak (Ottercus laurifolia), red maple
(Ater rubrum) and/or bald cypress (Taxodium distichum). All planted herbaceous materials will
consist of bareroot nursery stock herbs and will be installed on 3-foot centers. All planted tree
materials will consist of 7-gallon nursery stock and will be installed at random by the staff
horticulturalist. These areas will then be managed and maintained as described below.
Enhanced upland buffers will be created around Lake Sims and Meadow Lake. Vegetation
identified within the current upland buffers includes chinaberry (AlIelia azedarach), black cherry
(Primus sertotina), camphorweed (Heterotheca pilosa), winged sumac (Rhits copallina), Spanish
needles (Bidens alba), dogfennel (Eupatorhan capillifolhan'), prickly -pear cactus (Opuntia
himifusa), natalgrass (Rhynchelytrutn repens), caesarweed (Urena lobata) and gumeagrass
(Panicurn maximum). The invasive exotic vegetation witlun the upland buffers will be treated
with herbicide, cleared, and replanted. The buffers will be planted with sand cordgrass (Spartina
bakeri), saw palmetto (Serenoa repens), shiny blueberry (Vaccinium myrsinites), gallberry (Ilex
glabra) and fakahatchee grass (Tripsacutn floridanutn). All planted materials will consist of
bareroot nursery stock herbs and will be installed on 3-foot centers. These areas will then be
managed and maintained as described below.
The proposed retention areas within Arden Park will be planted with red bay (Persea borbonia),
loblolly bay (Gordonia lasianthus), slash pine (Pinus elliotti), laurel oak (Ouerctts laurifolia), red
maple (Ater rubrunt) and/or bald cypress (Taxodhan disticl nn.). All planted tree materials will
consist of 7-gallon nursery stock and will be installed linearly along the pond bank by the staff
horticulturalist. These areas will then be managed and maintained as described below.
A maintenance program shall be implemented for the enhanced wetlands and upland buffers. as
well as the retention areas associated with Arden Park on a regular basis to ensure the integrity
and viability of these areas. Maintenance shall be conducted to ensure that these areas are free
from invasive/exotic vegetation (as defined by the Florida exotic pest plant council) humediately
following a maintenance activity and shall constitute no more than 5% of vegetative cover
between maintenance activities. Nuisance plant species shall constitute no more than 10% of
total cover. These maintenance events will occur quarterly. or more frequently as needed_
rATW%_f0P
ATTORNEY
ARDEN PARK VENTURES, LLC. HAL KANTOR, ESQUIRE
2600 MAITLAND CENTER LOWNDES, DROSDICK,
PKWY. STE.200 DOSTER, KANTOR &. REED
MAITLAND, FLORIDA 32751 215 NORTH EOLA DRIVE
407-339-4030 ORLANDO, FLORIDA 32801
407-843-4600
ENGINEER
TABLE 1
lu
Location I Phase
Left Turn Lane (210' length, 50' taper) Westbound on Clarcona-Ocoee Rd. into Entrance 5 1
Left Turn Lane (210' length, 50' taper) Eastbound on Clarcona-Ocoee Rd. into Entrance 4 2
Right Turn Lane (210' length, 50' taper) Westbound on Clarcona-Ocoee Rd. into Entrance 4 2
Traffic Signal Clarcona-Ocoee Rd./Clarke Rd. intersection 3
Demolition Hobson Road 3
Clarke Road extension From Clarcona-Ocoee Rd. to Entrance 3 (4 lanes plus turn lanes) 3
Clarke Road extension From Entrance 3 to Entrance 8 (3 lanes plus turn lanes) 4
Clarke Road extension From Entrance 8 to north property limit (3 lanes plus turn lanes) At City's Direction
Curb, gutter, and drainage improvements Ingram Road along west property line (2 lanes) 5
Left Turn Lane (210' length, 50' taper) Southbound on Ingram Rd. into Entrance 1 5
Exit Driveways (min. 100' stacking length) Minimum 1 lane in (2 lanes if gated) and 2 lanes out 1-6
Brick Wall and Entry Feature
North and West sides of Phase lalong Clarcona-Ocoee Rd. (exist. Alignment)
1
PVC Fence
East and Southwest sides of Phase 1
1
Brick Wall and Entry Feature
South side of Phase 2 along Clarcona-Ocoee Rd.
2
PVC Fence
West side of Phase 2
2
Brick Wall and Entry Feature
South and East sides of Phase 3 along Clarcona-Ocoee Rd. and Clarke Rd.
3
Brick Wall
East side of Phase 4 along Clarke Rd.
4
Black Aluminum Fence
East side of Phase 5 abutting school site
5
PVC Fence
North side of Phase 5
5
Brick Wall and Entry Feature
West side of Phase 5 along Ingram Rd.
5
Brick Wall
West side of Phase 6 along Ingram Rd.
6
Tot Lot and Picnic Pa,4ion
Phase 1 Park / Recreation Area
1
Clubhouse / Pool
East side of Lake Sims / Recreation Area
2
Tot Lot and Half Basketball Court
East side of Lake Sims / Recreation Area
3
Gazebo (Picnic Shelter)
North side of Lake Sims I Recreation Area
5
Overlook (BBQ)
West side of Lake Sims / Recreation Area
6
Gazebo (Picnic Shelter)
Southwest side of Lake Sims / Recreation Area
6
Workout Circuit
Around perimeter of Lake Sims / Recreation Area
2-6
DETAILS-
LANCE BENNETT
MSCW INC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
BUTCH ALLEN
ALLEN &. COMPANY
1420 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801
407-897-1443
APPLICANT
JAMES R. HALL
CA? -IN ASSOCIATES INC.
500 DELANEY AVE.
ORLANDO, FLORIDA 32801
407-422-4040
REVISED: canin associaces
03 NOV 05
15 MAR 06 Urban & Environmental Planners ® Landscape Architects
05 APR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
C
30 )UN 06
02 AUG 06
28 AUG 06
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
202011
6 of 10
29 SEPT 06 WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
27 OCT 06
■
M_11�i'_ - �*_ - I
PLANNED UNIT DEVELOPMENT
EXIUBIT "B"
REVISED ARDEN PARK CONDITIONS OF APPROVAL
1) Except as specifically depicted on this plan, stated in these conditions of approval or set forth on the
waiver table, development of this property shall be consistent with the requirements of the City of Ocoee
Code.
2) The City of Ocoee is subject to the terms, provisions and restrictions of Florida Statutes, chapter 163,
concerning moratoria on the issuance of building permits under certain circumstances. The City has no
lawful authority to exempt any private entity or itself from the application of such state legislation and
nothing herein shall be construed as such an exemption.
3) The Project will be developed in six (6) phases as determined by the PSP.
4) Water and sewer service to Phase 1 will be provided by the City of Ocoee. Water and sewer service to
Phases 2-6 will be provided by Orange County. Reclaimed water will be provided by the City of Ocoee
for the entire Project in accordance with applicable provisions of the City Code and subject to the
availability of reclaimed water. At the time of platting, easements will be placed over the Utility lines
and dedicated to the City of Ocoee or Orange County, as appropriate.
5) Stormwater management shall be provided consistent with the requirements of the Ocoee Land
Development Code and the St. Johns River Water Management District unless as otherwise noted in the
waiver table.
6) All underground utilities shall comply with Ordinance No. 95-17, which requires pedestal -mounted
utility boxes to be placed back of the street, no more than 5 feet forward of the front building setback line,
on all residential lots which are less than 70 feet in width where the lot abuts the street right-of-way line.
7) I. The existing grades on individual lots containing protected trees will be maintained as much as
possible to preserve existing protected trees; provided, however, that mass grading will be permitted
in the areas identified on the Plan. For lots containing protected trees which are not subject to mass
grading, there will be no grading or other construction on individual lots except as specified in the
final subdivision plan, until building permits are issued for those lots.
11. Removal of existing protected trees will be limited to areas where mass grading is permitted,
clearing road right of way and retention areas as detailed in the final subdivision plan. All other
existing protected trees on individual lots will be evaluated at the time of site plan review for that
lot, to determine whether or not each tree needs to be removed.
III. In order to insure 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.
8) "Limited grading area" shall mean road rights -of -way and easements may be mass graded. Lots will be
graded on an individual lot basis so as to provide reasonable tree protection. Existing grades on lots will
be maintained as much as possible. Lots containing protected trees will have no grading or construction
except as specified on the final site plan.
9) "Protected area" shall mean no residential use is permitted. Environmentally enhanced stormwater
management facilities, compensating storage areas, mitigation creation, open space, recreation and like
facilities are permitted to be constructed in this area based upon an approved plan. Undisturbed portions
of the protected area may be left in a natural state or enhanced with landscaping.
10) Before any construction within limited grading areas and protected areas, protected trees will be flagged
and reviewed by the City prior to removal. No clearing permits will be issued for this work until
preserved trees are clearly marked.
11) Except for areas where mass grading is permitted, the removal of protected trees shall be minimized to
the maximum extend possible and no authorization shall be granted to remove a tree if the Developer has
failed to take reasonable measures to preserve the trees on site.
12) Unless otherwise noted, a 5' utility and drainage easement will be platted along all side lot lines and 10'
utility, drainage and sidewalk easement adjacent to the street right-of-ways. A 5' utility and drainage
easement will be platted along all the rear lot lines that abut other lots and a 7.5' utility and drainage
easement along the rear of lots that abut the outside perimeter of the development.
13) All utilities to be placed within the 10' easement along the front of each lot will be placed around
existing protected trees to be preserved.
14) Each fine 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.
15) All drainage, utility and maintenance easements shall be for the benefit of the homeowners association
or local government, as appropriate. The land burdened by such easements shall be owned by the
individual lot owners.
16) Reclaimed water will be used for irrigation purposes. It will be supplied to the development from the
extension of the reuse system on Clarke Road in accordance with applicable provisions of the City Code
and subject to the availability of reclaimed water. The single-family home sites will be individually
metered and the two townhome sections will each be master metered. A master irrigation system will be
installed to service all common areas and residential lots. This master irrigation system will be owned and
maintained by the homeowners association. All reuse mains will be owned and maintained by the City.
17) The Developer shall construct appropriate curb cuts to enable the construction of ramps at all applicable
right-of-way intersections (and other areas as reasonably required) in order to provide physically
challenged persons access to sidewalks and streets. Sidewalks abutting each platted lot shall be
constructed at the time of development of the lot. When sidewalks are constructed on comer lots at
certain locations, the sidewalks will be extended to the curb and the appropriate ramps will then be
constructed. Sidewalks adjacent to common areas shall be constructed at the time of subdivision
improvements for the phase in which the common area is located. Sidewalks for the entrance roads and
loop roads will be constructed contemporaneous with the construction of subdivision improvements for
that phase.
18) All common area improvements, including entry features, walls, landscaping and sidewalks along all
roads, as well as landscaping around the retention pond tracts shall be completed prior to issuance of
the certificate of completion for those corresponding phases which are platted.
19) Street lights, security lights and lighting for common areas meeting current code requirements shall be
installed by the Developer prior to certificate of completion at the Developer's expense and the cost to
their operation will be assumed by the Developer in accordance with Section 6-8(D) of the Ocoee
Land Development Code. If applicable, the Developer and Homeowners Association will be required
to complete and execute a City of Ocoee Developers and Homeowners Association Agreement for
Upgraded Street Lights, as found in the Ocoee Land Development Code, Form 12.
20) A homeowners association will be created for maintenance and management of all common areas and
facilities, including lighting, unless otherwise noted.
21) A homeowners association shall be responsible for the maintenance of all landscape areas. Landscape
areas shall be kept in a neat, healthy and orderly appearance free of refuse and debris. .
22) All tracts that are to be owned and maintained by the homeowners association or the City of Ocoee, as
applicable, and shall be conveyed to the homeowners association or the City of Ocoee, as applicable,
by warranty deed at the time of platting.
23) Any damage caused to any public right of way as a result of the construction activities related to the
Project shall be promptly repaired by the Developer to the applicable governmental standards at the ,
Developer's sole cost and expense.
24) There shall be no access from the property to Clarcona-Ocoee Road, Ingram Road or Clarke Road .
except at the approved locations shown on the Plan.
25) All cross access, utility and drainage easements shall be provided prior to or at the time of platting.
26) All utilities including electrical, cable, TV, and telephone and including any on -site existing overhead
wires shall be placed underground.
27) Parking shall be provided in accordance with the City of Ocoee Land Development Code, unless
otherwise noted.
28) All legal instruments including but not limited to the declaration of easements, covenants and
restrictions, association documents and deeds conveying property to a homeowners association shall
be approved by the City prior to plat approval and shall comply with all Ordinances of the City in
effect at the time of recording of any such instrument.
29) Arden Park stormwater system
i. Private streets (gated) - If any portion of Phase 1 is gated, all pipes; inlets, manholes and structures
accepting runoff from that portion which is gated, will be owned, operated and maintained by the
Phase 1 Sub -Homeowners Association. Stormwater pond tracts, including landscaping, within a
gated phase will be owned, operated and maintained by the Arden Park Master Homeowners
Association.
ii. Public streets (ungated) - All pipes, inlets, manholes and structures within ungated phases, will be
owned, operated and maintained by the City of Ocoee. Stormwater pond tracts, including
landscaping, within ungated phases will be owned, operated and maintained by the Arden Park
Master Homeowners Association.
iii. The City and applicant agree to execute any deeds and/or easements as needed to complete the
stormwater system transfer.
30) 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.
31) Pursuant to Ordinance No. 2001-18 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.
32) All stormwater management ponds will be unfenced with maximum 5:1 side slopes into the pond except
as provided for by the waiver table.
33) All building pad elevations shall exceed the 100-year flood elevation by a minimum of two (2) feet.
34) All declaration of covenants and restrictions affecting the property shall include the following
provisions:
i. Provision allowing the City of Ocoee the opportunity to levy, collect and enforce assessments for
maintenance of the common areas should the homeowners association fail to do so or should the
homeowners association fail to collect assessments at a level allowing for adequate maintenance of
the common areas.
ii. Provision granting the City of Ocoee the right, but not the obligation, to repair and maintain the
stormwater system should the homeowners association fail to do so and seek reimbursement from
the homeowners association, or from the Developer if (i) turnover of control of the members has not
occurred, or (ii) if the Developer is still responsible for the maintenance of the stormwater system.
iii. Provision providing that the SWIMS 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 homeowners association.
iv. Provision that the homeowners association shall at all times be in good standing with the Florida
Secretary of State.
V. Provision that at the time of turnover of control of the homeowners 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 homeowners association for the estimated
costs of such corrective action.
vi. Provision that no property owned by the City of Ocoee or any other governmental entity shall be
subject to assessments levied by the homeowners association.
vii. Provision that any amendment to any provision affecting the City requires the consent of the City
in an instrument recorded with the amendment.
vui. Notwithstanding the conveyance of the storm water retention ponds to the homeowners
association, or any provision to the contrary contained in these conditions of approval, the
Developer shall remain responsible for the maintenance of the Projects stormwater management
system (SWMS), including all stormwater retention ponds, until such time as (i) the entire SWIMS
for the Project is constructed and appropriate certificates of completion issued by both the City and
SJRWMD, (ii) the stormwater retention ponds intended to be conveyed to the homeowners
association have in fact been conveyed to the homeowners association, (iii) the homeowners
association is designated as the maintenance entity on the records of the SJRWMD and all transfer
records required by SJRWMD have been executed and accepted by SJRWMD, (iv) the City has
been provided with a copy of the Developer's proposed maintenance plan with respect to the
SWMS, and (v) the City has been provided with a written statement from the homeowners
association acknowledging receipt of the Developer's proposed maintenance plan with respect to the
SWMS and that the homeowners association is responsible for maintenance of the SWMS.
35) The articles of incorporation and bylaws of the homeowners association shall be consistent with the
forgoing provisions.
36) Final street naming will be coordinated through the City building department at the time of final plat
submittal.
37) All landscape areas will be irrigated and have an automatic rain sensor.
38) The Developer shall comply with Ordinance No. 2001-19 regarding community meeting rooms
requirements for residential subdivisions, except to the extent those requirements are waived herein.
39) 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.
40) In the event gates are installed on the private roads of Phase 1, the gates and subdivision shall comply
with Article VIU, Chapter 34 of the Orange County Code for gated communities as well as any
amendments to that Article that may be enacted prior to approval of the PUD. Further, in the event
Orange County rescinds or ceases to have regulations for gated communities, then the regulations in
effect at the time of PUD approval shall control. All references in said County Code Chapter to the
"County" shall be deemed to refer to the "City" for purposes of this requirement.
41) An overall subdivision plan shall be available for review by prospective buyers in all on site residential
sales offices.
42) To the extent any lift stations are required on the property they will be conveyed at the time of platting.
All such lift stations shall be fenced with black, decorative aluminum fence, and shall be set back no less
than 25' from any street. Such lift stations shall also be screened with hedge -type shrubbery, such as
viburnum or ligustrum. All such lift stations shall meet all requirements of the City of Ocoee or Orange
County, as applicable.
43) During submittal of a PSP for any single-family development, the Developer must show "common
areas" where required recreational facilities will be located within the residential subdivision, in
accordance with the City of Ocoee Land Development Code.
44) All screen walls, landscape buffers, entry and comer landscape improvements, and sidewalks shall be
completed prior to issuance of the Certificate of Completion for those areas which are platted.
45) Each platted phase of development shall stand on its own, or in connection with previously developed
phases, with respect to public services (sewer, water, stormwater management, access and other related
services).
46) The development of this Project will incorporate the stormwater needs of all internal public roads,
Clarke Road extension and Ingram Road improvement. In accordance with the Center Lake Annexation
Agreement referenced in COA #48 below, that portion of Clarke Road will have its stormwater
management needs served by the Center Lake property.
47) In any gated area, a perpetual, non-exclusive easement for access over all internal roadways and paved
areas shall be granted in favor of the City and other applicable authorities for law enforcement, fire, and
other emergency services.
48) The following provisions shall apply:
I. The parties acknowledge that Clarke Road is intended to be improved from the intersection with
Clarcona-Ocoee Road (the "Intersection") to the northern boundary of the Property (the "Clarke
Road Right -of -Way") as set forth on the matrix found on Sheet 6 and identified as Table 1 thereon.
The Developer shall construct Clarke Road in accordance with the phasing schedule as set forth on
said Table 1.
II. It is acknowledged that Center Lake Properties, Ltd., or its successors and assigns, shares
responsibility for a portion of the Clarke Road Right -of -Way improvement as set forth in that
certain .Annexation Agreement between Center Lake Properties, Ltd. and the City dated August 21,
2001 and recorded in Official Records Book 6332, Page 3000, Public Records of Orange County,
Florida. Access points to the Proj ect shall align with the Oak Trail Reserve access points.
III. Center Lake Properties, Ltd., has committed to meet stormwater requirements for a portion of the
Clarke Road Right -of -Way as set forth in the Annexation Agreement. However, if the Developer
undertakes the extension of Clarke Road prior to Center Lake Properties, Ltd., then the Developer
will need to provide for the stormwater requirements with the Property on a temporary basis until
such time as the Center Lake property is developed.
IV. Developer shall demonstrate that there will be no extraordinary increase in construction or
maintenance costs as a result of the depicted Clarke Road Right of Way alignment.
V. Developer shall be responsible for any wetlands mitigation necessary due to construction of any
portion of the Clarke Road Right -of -Way on its Property.
VI. At Developer's expense, Developer will prepare and provide the City with a metes and bounds
legal description and sketch of description of the Clarke Road Right of Way and shall incorporate .
the same in plats of that portion of the Property adjacent to the Clarke Road Right -of -Way. The
aforesaid legal description and sketch shall be certified to the City and shall be subject to the review
. and approval of the City. The foregoing shall be accomplished in conjunction with the preliminary
subdivision plan for any portion of the property north of Clarcona-Ocoee Road and shall be shown
on said preliminary subdivision plan and the final subdivision plan. Clarke Road shall also be
platted in accordance with the phasing schedule set forth on Table 1 on Sheet 6.
VIL Until such time as the improvements contemplated for the Clarke Road Right -of -Way are
completed and accepted by the City, the Developer shall be solely responsible for the Clarke Road
Right -of Way, including, but not limited to, the maintenance thereof and the payment of all
applicable taxes.
VIII. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled
to any road impact fee credits or other compensation of any kind for, on account of, or with respect
to the required dedication and conveyance of the Clarke Road Right -of -Way to the City, or the
design, engineering, permitting, and construction of Clarke Road, except as set forth below in
paragraph 48 (xiii).
IX. Developer shall, at the appropriate time, apply for the vacation of Hobson Road so as to facilitate
the development of the Clarke Road Right -of -Way and quit claim said right-of-way to the City of
Ocoee after construction of Clarke Road. .
X. Developer shall, at its sole cost and expense, design, engineer, permit, and construct the entire
Clarke Road Right -of -Way extension, except for that four -lane segment to be designed, engineered
and permitted by Center Lake Properties, Ltd. (Center Lake Segment) pursuant to that certain Fast
Amendment to Development Agreement by and between the City of Ocoee and Center Lake
Properties, Ltd. Developer will be responsible for the reimbursement of design, engineering, and
permitting cost of the western two lanes of the Center Lake Segment, including turn lanes.
Developer will be responsible for the construction costs associated with the western two lanes of the
Center Lake Segment, including turn lanes. The design, engineering.and permitting will be
accomplished at the same time, but the construction may be phased in two lane segments. The
. preliminary engineering for Clarke Road shall be included with the Preliminary Subdivision Plan
for Phase 3 and the final engineering for Clarke Road shall be included in the Final Subdivision
Plan for Phase 3. Said plans to include all utility extensions and stormwater requirements at
Developer's expense.
XI. The Developer shall, within 60 days of a request by the City of the same, but in no event later
than platting of any portion of the Property, convey to the City the Clarke Road Right -of Way. The
conveyance shall be by special warranty deed free and clear of all liens and encumbrances except
for those matters acceptable to the City. The form of the special warranty deed shall be subject to .
the approval of the City. The Developer shall, contemporaneously with the conveyance of the
property, provide to the City a current attorney's opinion of title, or a current title commitment to be
followed by a policy of title insurance, evidencing that fee simple title to the property is free and
clear of all liens and encumbrances except for those matters acceptable to the City. The costs and
expenses related to the conveyance of the property, including the cost of title work, shall be borne
solely by the Developer. Real property taxes on the property shall be prorated as of the day of the
City's acceptance of the conveyance of the same, and the prorated amount of such real property
taxes attributable to the Developer shall be paid and escrowed by such 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 Developer shall be responsible for real property
taxes for the entire year. Access points for Clarke Road will be as shown on the Plan.
XII. The Developer shall construct the remaining portion of Clarke Road Right of Way from Entrance
8 as shown on Sheet 5 to the northern boundary of the Property. The Developer shall be entitled to
receive City of Ocoee Road Impact Fee credits for the actual cost of construction of such
improvements for only that section of Clarke Road.
XIII. All property east of Clarke Road, owned by Developer and adjoining Lake Trout are to be
dedicated to the City of Ocoee at the same time and in the same manner as the Clarke Road .
Right -Of -Way is to be donated as set forth in 48(xi) above.
XIV. Clarke Road will be built in phases pursuant to 48(i) or prior to the completion of construction of
the elementary school within the Project, whichever occurs fast.
XV. The Developer shall pay its fair -share for the cost of signalization of the Intersection upon sixty
(60) days notice from the City that the Intersection meets warrants. No impact fee credit will be
granted for the cost of signalization. .
49) i. Prior to obtaining issuance of building permits for Phase 5 or 6 of the Project, Owner shall improve
that portion of Ingram Road adjacent to the Property into a 24 foot wide curb and gutter urban section
two lane roadway as shown in the Land Use Plan ("Ingram Road Improvements"). No connection to
Ingram Road from the Project will be allowed prior to the completion and acceptance by the City of the
Ingram Road Improvements. In consideration for the construction of the Ingram Road Improvements and
provided that the improvements to Ingram Road as set forth in the Land Use Plan are commenced within
the time frame set forth herein and completed within one (1) year of commencement, the Developer shall
be entitled to receive City of Ocoee road impact fee credits for the actual cost of construction of such
improvements upon issuance of a Certificate of Completion for the Ingram Road Improvements and
acceptance by the City. The Developer shall submit to the City's Development Review Committee
("DRC") satisfactory documentation to support any Road Impact Fee credit pursuant to this Condition
and the actual amount of the Road Impact Fee credit shall thereafter be determined by the DRC based
upon a review of such satisfactory documentation in the manner provided by the Road Impact Fee
Ordinance. The DRC shall not be required to approve any Road Impact Fee credits for costs incurred by
the Developer which exceed the amounts set forth herein. Except as aforesaid, the Developer shall not be
entitled to any compensation in connection with the Ingram Road Improvements. In addition to the
Ingram Road Improvements described above, the Developer shall design, permit and construct a
southbound turn lane at Developer's expense with no Road Impact Fee credits.
ii. In the event that the Ingram Road Right -of -Way is less than 60' wide, the Developer shall donate
additional Right -of -Way on the eastern side of the existing Ingram Road Right -of -Way. The City shall
be responsible for any additional Right -of -Way needed on the Western side of the existing Ingram Road
Right -of -Way.
iii. All stormwater needs related to the Ingram Road Improvements will be provided by the Projects
master stormwater management system and constructed prior to obtaining issuance of building permits
for Phases 5 or 6.
iv. At anytime prior to the Owner constructing the Ingram Road Improvements, the City may, at its
option and its expense, elect to construct the Ingram Road Improvements. To the extent the City
constructs such improvements to Ingram Road, the Owner will not be entitled to any road impact fee
credit in connection therewith.
v. In addition to the Ingram Road Improvements set forth above, the Developer will design, engineer,
permit and construct a southbound left turn lane into Entrance 1 as part of the Ingram Road
Improvements.
vi. Neither the Developer, its successors and assigns, nor any other person or entity shall be entitled to
any road impact fee credits or other compensation of any kind for, on account of, or with respect to (a)
any dedication for Ingram Road right-of-w-ay as set forth in 49(ii) above, or (b) the turn lane
improvements set forth in 49(v) above.
9M I - MR Rgme I kolimmull
ARDEN PARK VENTURES, LLC
2600 MAITLAND CENTER
PKWY. STE.200
MAITLAND, FLORIDA 32751
407-339-4114
"o-M-11OXW-M
HAL KANTOR, ESQUIRE
LOWNDES, DROSDICK,
DOSTE11, KANTOR & REED
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32801
407-843-4600
ENGINEER
LANCE BENNETT
MSCW INC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
SURVEYOR
BUTCH ALLEN
ALLEN & COMPANY
1420 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801
407-897-1443
OUN NOW -s_ \ A
JAMES R. HALL
CANIN ASSOCIATES INC.
500 DELANEY AVE.
ORLANDO, FLORIDA 32801
407-422-4040
50) Development within the 100-year floodplain and jurisdictional wetlands are subject to the provisions of
the Ocoee Comprehensive Plan, which may under certain circumstances allow development in the 100-year
floodplain elevation or jurisdictional wetland boundary. The Developer may propose development within
these areas based on Policy 2.3 of Chapter 5 of the Ocoee Comprehensive Plan which permits such
development in cases where offsetting on -site environmental mitigation or enhancement of these areas is
demonstrated to improve natural functions or to provide low -impact uses or recreational amenities which
encourage enjoyment of such areas. Any such exceptions shall be evaluated as part of a preliminary
subdivision plan submittal. Nothing contained herein shall be construed as granting any such exceptions,
unless waived by the City.
51) An emergency access easement to all retention ponds and over all drainage easements within the
Project shall be dedicated to the City of Ocoee for emergency maintenance purposes at the time of platting.
The emergency access easement will not impose any obligation, burden, responsibility or liability upon the
City of Ocoee, to enter upon the subject property or take any action to repair or maintain the drainage system.
52) Development of this property shall be consistent with the Development Agreement. In the event of a
conflict between this Plan and the Development Agreement, the Development Agreement shall control.
53) The Developer shall construct a 6 foot high brick wall along: (1) the western perimeter of the property
abutting Ingram Road; (2) the southern perimeter along Clarcona-Ocoee Road; (3) the eastern perimeter along
Clarke Road; and (4) Phase 1 northern and western perimeter along Clarcona-Ocoee Road. Said wall shall be
within a 10' wall and landscape tract. A homeowners association shall own and maintain the wall and
landscaping within the 10' wall and landscape tract except that all grass and landscaping on the interior of the
wall shall be maintained by the adjacent lot owner. The time of construction of the brick wall is set forth in
Table 1 on Sheet 6.
54) Open space between townhome units, which is not part of an individual lot, shall be owned and
maintained by the homeowners association.
55) The development will comply with section 6-15 of the Ocoee Land Development Code regarding
multi -family development standards.
56) Street trees shall be provided by the Developer at a rate of one tree per townhome unit prior to
certificate of occupancy for each building.
57) Short term rentals (rental term less than 6 months) shall be prohibited. This restriction shall be
incorporated into the declaration for the townhome portion of the Project and shall provide that the provision
may be enforced by the City.
58) The declaration for the townhome portion of the Project will include language requiring that garages
must be used for parking cars and that parking will be prohibited on the private streets, except in designated
off-street parking spaces.
59) The declaration for the townhome portion of the Project shall prohibit RV and boat parking ,Mthin the
townhome portion of the Project.
60) The declaration for the townhome portion of the Project shall include language requiring that iftrash
cans are used at individual units, they shall be stored in the garage, but if they are stored outside the garage
they shall be screened from view with a decorative fence and/or landscaping.
61) The declaration for the townhome portion of the Project will include language requiring a 6' privacy
fence on all three sides of any lot with an accessory structure, per section 5-6b of the City of Ocoee Land
Development Code.
62) The declaration for the townhome portion of the Project will include language requiring limitations on
the size and placement of accessory structures and privacy fences in certain rear yards.
63) The declaration for the townhome portion of the Project will include language requiring all lots with
fencing to have a gated entrance along the rear lot line.
64) The declaration for the townhome portion of the Project shall provide that a trash pickup will be
provided for each individual unit. No dumpsters shall be utilized for waste disposal.
65) Meadow Lake, the 100-year flood plain adjacent thereto, and a 25 foot buffer upland from the 100-year
flood plain will be conveyed to the City at the time of platting, but will be controlled and maintained by the
.Developer until such time as the City makes passive improvements thereon or otherwise advises the Developer
that the City is assuming control and maintenance thereof. The City may open such tract to the public anytime
after the City assumes control thereof.
66) Drainage easements between lots are shown for locational purposes only. Final easement dimensions
(widths) will be shown on the final subdivision plan and will be sized to meet City requirements.
67) Each residential lot shall have the minimum of three (3) trees per lot, and one street tree with a
minimum size of 10 ft. in height and 2 inch diameter at breast height (DBH).
68) All multifamily residential buildings comprised of three or more dwelling units, regardless of square
footage or number of stories, will include automatic fire protection systems.
69) For all privately owned streets, the homeowners association will be responsible for the continued
maintenance of all streets and sidewalks in accordance with all ADA requirements that may now or hereinafter
be applicable to the Project.
70) The Developer must develop the project in the phasing sequence noted on the Plan unless it receives
written approval of the City to deviate from such sequence. Prior to granting any such approval, the City may
require that the improvements set forth in Table 1 on Sheet 6 of the Plan be constructed and accepted by the
City with respect to any lower numbered phase.
71) The City, at the City's expense, will use best efforts to acquire the easement necessary for the extension
of utilities through the property located east of Phase 1 and south of Clarcona.-Ocoee Road. The Developer
will be required, at its sole cost and expense, to design, engineer, permit and construct certain utility
improvements that are necessary for the development of the Property, including but not limited to potable
water lines, reuse water lines and sewer pipes, within such easement area. These improvements will be
designed, engineered and permitted as part of the Final Subdivision Plan for Phase 1 of the Project and subject
to approval of the City. The City may require that the Developer upsize the potable water line, reuse water line
and/or sewer pipes to a size larger than the size required on the Final Subdivision Plan for Phase 1. The
Developer agrees that, if requested to do so by the City as provided in this Condition of Approval, it will
upsize such improvements, provided, however, that the City will reimburse and pay to the Developer the
Developer's actual out of pocket costs incurred as a result of the upsizing.
72) HOA responsibilities shall be as follows:
Arden Park Master Homeowner's Association (APMHOA) shall be responsible for:
All Phases will be members of the APMHOA .
. Overall Operation & Management of the entire Development
Architectural Review Committee for the entire community
Master stormwater pond tracts operation and maintenance (all Phases)
Operation of all amenities in Phases 2-6
. Common Area Maintenance Phases 2-6 (Phase 1 outside of gated areas)
Brick Wall / entry signage maintenance & replacement
Arden Park Phase 1 Sub-HOA (If gated) shall be responsible for:
• Only Phase 1 owners will be members of this HOA
• Budgeting for capital replacement/maintenance of infrastructure per the "Orange County Crated
Community Ordinance"
• Common Area Maintenance (excluding stormwater pond tracts -included in APMHOA) of areas
within the gated portion of Phase 1
• Operation & maintenance of Phase 1 stormwater management system
0 Operation & maintenance of all amenities within Phase 1
• Operation & maintenance of the Phase 1 gates
Arden Park Phase 2 Sub-HOA (Townhomes) shall be responsible for:
• Only Phase 2 owners will be members of this HOA
• Budgeting for capital replacement/maintenance of common building elements including but not
limited to roof replacement, structural insurance, painting, termite bonds, etc.)
• Lawn/landscaping/irrigation maintenance
Arden Park Phase 5 Sub-HOA (Townhomes) shall be responsible for:
• Only Phase 5 owners will be members of this HOA
• Budgeting for capital replacement/maintenance of common building elements including but not
limited to roof replacement, structural insurance, painting, termite bonds, etc.)
• Lawn/landscaping/inigation maintenance
73) No trees, only sod or soft wood shrubs may be planted over City of Ocoee utility lines.
74) The Owner will design, engineer and construct the Project's master stormwater management system to
account for the proposed elementary school site. The Owner will also mass grade and stabilize the school site
during the appropriate phase of construction. The school site will be platted concurrently with the plat that
creates the road network providing access to the school site. Appropriate drainage easements, in favor of the
Orange County School Board, will be granted at the time of platting of the school site, either by plat or
separate document.
75) A 25-foot upland buffer is required above all wetlands and 100-year floodplain areas unless waived by
the City as part of an environmental enhancement program.
76) All streets within any portion of the project located north of Clarcona-Ocoee Road will be public and
dedicated as such on the plats for the Project.
Lu iinassociates
REVISED..
03 NOV 05 Urban & Environmental Planners . Landscape Architects
05 APR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
30 JUN 06
02 AUG 06
28 AUG 06
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
1
1 202011
1 7 of 10
29 SEPT 06 WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
27 OCT 06
11
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LEGEND ``�" . •A
6' PVC FENCEl
6' BRICK WALL
6' DECORATIVE BLACK
ALUMINUMANCE--
PROTECTED AREAS
LIMITED GRADING AREAS
I
PROPOSED LANES`
AMENITIES ,
( COMMUNITY MEETING ROOM
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Revised Concept Play. 03-29-06 r
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Toi Homey
55' lots 475
❑ 75' lots 26
O 85 lots .94
4
TOTAL 925
NOTE: THIS PLAN IS CONCEPTUAL AND SUBJECT TO CHANGE AND IS IN NO WAY A BINDING SITE
PLAN. IT IS NOT A FINAL APPROVED PLAN AND IS NOT FOR CONSTRUCTION. BY APPROVING THE
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PUD LAND USE PLAN, THE CITY OF OCOEE IS NOT APPROVING THE MASTER CONCEPT PLAN. IT IS f `' ' J -
�' . C E I 3�� 0
SUBJECT TO FUTURE REVIEW IN THE PSP AND AS CURRENTLY DESIGNED MAY OR MAY NOT -
MEET THE LAND DEVELOPMENT CODE, CITY OF OCOEE 3-17-05. _ -T ��----•---- _ �---- 1 MIN. WALK
�' B ' 7_ypja�-fl_aied_�E ►ty E(tYl� 200' V 200' 400' 800'
STER CONCEPT P 1,'fl`5 3 mcanNeit,euln ..
REVISED: C�in associates
03 NOV 05
OWNER ATTORNEY ENGINEER SURVEYOR APPLICANT 15 MAR 06 Urban & Environmental Planners • Landscape Architects
ARDEN PARK VENTURES, LLC HAL KANTOR, ESQUIRE LANCE BENNETT BUTCH ALLEN JAMES R. HALL 05 APR 06 500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
30 O6
26UU AlIAITLAND CENTER LOWNDES, DROSDICK, MSCW IN(,. ALLEN &COMPANY CANIN ASSOCIATES INC. )UN
DATE
SCALE
JOB NUMBER
SHT. No.
PKWY. STE.200 DOSTER, KANTOR & REED 4750 NEW BROAD ST. 1420 EAST ROBINSON STREET 500 DELANEY AVE. 02 AUG 06
10 DEC 04
1 =200
��'11
202011
8 10
M.AITLAND, FLORIDA. 32751 215 NORTH EOLA DRIVE ORLANDO. FLORIDA 32814 ORLANDO. FLORIDA 32801 ORLANDO. FLORIDA 32801 28 AUG 06
of
407-339-4114 ORLANDO, FLORIDA. 32801 407-422-3330 407-897-1443 407-422-4040 29 SEPT 06
WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
407-843-4600 27 OCT 06
■
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PLANNED UNIT DEVELOP
ATTORNEY
ENGINEER
Southeast of the site, a 6" force main runs south from the intersection of Clarke
Road/Bartram Way and ties into a 20" force main on AD Mims Road.
Southwest of the site, City of Ocoee Lift Station #1 is located at the intersection
of Nicole Blvd and Leslie Ann Lane.
A 12" force main runs south along Leslie Ann Lane to the A.D. Mims Wastwater
T t P1 t
reatmen an .
SURVEYOR
APPLICANT
REVISED:
03 NOV 05
JAN ES R. HALL
15 MAR 06
CANIN ASSOCIATES INC.
05 APR 06
500 DELANEY AVE.
27 OCT 06
ORLANDO, FLORIDA 32801
407-422-4040
Urban & Environmental Planners . Landscape Architects
500 Delaney Avenue, Orlando, Fio6do 32801 (407)422-4040`
AMEN PARK VENTURES, LLC`
2600 MAITLAND CENTER
PKV1iY. STE.200
MAITLAND, FLORIDA 32751
407-339-4114
7�
HAL KANTOR, ESQUIRE
LOWNDES, DROSDICK,
DOSTER, KANTOR & REED
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA. 32801
407-843-4600
LANCE BENNETT
MSCW INC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
BUTCH AMEN
ALLEN &. COMPANY
1420 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801
407-897-1443
DATE
SCALE
JOB NUMBER
SHT. Na.
10 DEC 04
1"=300'
202011
9 of 10
WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
0
7-
PLANNED UNIT DEVELOPMENT
55'LOT ELEVATIONS
N-F V
-------- ----
FRENCH CHATEAU
TOWNHOME ELEVATIONS
4 UNIT 'A'
DWELLING UNIT ELEVATIONS
AITINA 7
BEAZER HOMES CORP.
2600 MAITLAND CENTER
PKWY. STE.200
MAITLAND, FLORIDA 32751
407-339-4030
ATTORNEY
HAL KANTOR, ESQUIRE
LOWNDES, DROSDICK,
DOSTER, KANTOR &. REED
215 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32801
407-843-4600
ENGMER
LANCE BENNETT
MSCW INC.
4750 NEW BROAD ST.
ORLANDO, FLORIDA 32814
407-422-3330
BUTCH ALLEN
ALLEN &. COMPANY
1420 EAST ROBINSON STREET
ORLANDO, FLORIDA 32801
407-897-1443
JAMES R. HALL
CANIN ASSOCIATES INC.
500 DELANEY AVE.
ORLANDO, FLORIDA 32801
407-422-4040
COTTAGE
4 UNIT'B'
REVISED:
03 NOV 05
05 APR 06
30 JUN 06
02 AUG 06
28AUG 06
29 SEPT 06
14(d 111 Blue
Urban & Environmental Planners • Landscape Architects
500 Delaney Avenue, Orlando, Florida 32801 (407)422-4040
DATE
SCALE
JOB NUMBER
SHT. NO.
10 DEC 04
N.T.S.
202011
10 of 10
WWW.CANIN.COM COPYRIGHT (C)2004 CANIN ASSOCIATES, INC.
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E
v
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