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HomeMy WebLinkAboutItem #07b Fountains West - PUD Rezoning Ord./Land Use Plantype Center of Good Lip AGENDA ITEM STAFF REPORT Meeting Date: December 19, 2006 Item # 96 Reviewed By: Contact Name: Antonio Fabre, AICP Department Director: Ll Contact Number: 407-905-3100/1019 City Manager: Subject: Fountains West PUD Rezoning Ordinance / Land Use Plan Project # RZ-05-03-02 Commission District # 1 — Gary Hood Issue: Should the Honorable Mayor and City Commissioners approve the PUD Rezoning Ordinance and Land Use Plan for Fountains West? Background Summary: An ordinance for a small-scale Comprehensive Plan Amendment for a portion of this property will be considered by the Honorable Mayor and City Commissioners simultaneously with this PUD Rezoning Ordinance. Fountains West PUD property is located on the northeast corner of the intersection of West Road and Ocoee -Apopka Road. The property encompasses approximately 43.03 acres of land of which approximately 4.73 acres will be designated as wetland/conservation to be dedicated to the City. Additionally as part of the onsite wetland mitigation, 1.1 acre will be dedicated to the City as a Public Trail (Tract G). The subject property is currently undeveloped and sparsely covered with a small mixture of sand pine, scrub and laurel oak trees and other varieties of trees scattered around the property. Moreover, most of the property was a former citrus grove that is now cleared. The Future Land Use designation is Commercial, Low Density Residential, Light Industrial and Conservation/Floodplains. Existing land use to the north is a water treatment facility (the City of Winter Garden treatment plant), zoned A-1; to the west across Ocoee -Apopka Road is the Vineyards and Westyn Bay both of which are single-family residential subdivisions, zoned R1-AA; to the east is vacant treed land zoned 1-1; and to the southwest across West Road is vacant land zoned C-2 in the City limits and to the southeast is residential land zoned agricultural located on unincorporated Orange County. DISCUSSION: The subject property consists of approximately 43 acres and is proposed to be subdivided into eight (8) commercial lots of which one lot is designated as a shopping center (Lot 6-Publix) and another as a large church facility (Lot 8-Living Waters Church). The permitted uses are indicated on a development matrix chart on sheet C-10 of the Land Use Plan. Essentially, lots 1 and 2 were the most restricted due to the close proximity with the residential subdivision across the street. The proposed PUD Land Use Plan proposes four (4) outparcels along Ocoee -Apopka Road. The shopping center lot (Lot 6) will be setback on an internal centralized location fronting on West Road. On -site water retention is proposed via a master stormwater pond (Tract B) for lots 1-7. Additionally, there will be a water feature with an environmental enhancement for the remnant wetland (Tract F) on the northeast corner of the newly created intersection of West Road and Ocoee -Apopka Road. The Fountains West project is proposed to preserve natural wetlands, provide for public trails, provide right-of-way dedication along Ocoee -Apopka Road, and enable realignment of West Road via a tri-party (City of Ocoee, Orange County, & Fountains West developers) development agreement. When the subdivision is completed, the intersection of West Road and Ocoee -Apopka Road will be realigned and improved with a traffic signal plus corresponding turn lanes. The detached West Road section will eventually be vacated and incorporated into adjoining parcels. This proposed roadway realignment and intersection improvements were identified in the City of Ocoee Comprehensive Plan adopted October 1, 2002. More specifically, the improvements were illustrated as part of the Roadway Improvement Master Plan for 2020 (Figure 11) in the Transportation Element of the Comprehensive Plan. The ultimate goal is to provide a new intersection that is properly aligned with the existing Ocoee Crown Point Parkway in order to facilitate traffic and reduce congestion to this area. Furthermore, the developer/owner is dedicating 30 feet wide of right-of-way (Tract D) along Ocoee -Apopka Road. This will result in a 120 feet wide right-of-way along the entire Ocoee -Apopka Road section adjacent to the site for any future roadway improvements. As shown on the plans, Road "A" will be dedicated to the City with corresponding roadway improvements and stormwater abatement. Roadway "A" will facilitate future access to the eastern properties of the surrounding area. Left and right turn lanes will be provided at all site access points based upon the results of the traffic impact analysis. Water and sewer will be provided by Orange County. Reuse water will be eventually supplied by the City of Ocoee. The Developer is requesting two (2) Waivers from the Land Development Code: 1. The applicant is requesting a waiver from Art. VI, Sec. 6-14, C, (1), (b), ii, which requires that smaller commercial structures and outparcels situated along primary and secondary roadways will not dominate the street frontage and shall be restricted to no more than 50% of the linear roadway frontage within a planned commercial development or subdivision. The justification listed in the waiver table on the cover sheet indicates that the developer is dedicating right-of-way along Ocoee -Apopka Road and right-of-way along West Road as an offsetting public benefit. Staff supports the Waiver request as presented. 2. The applicant is requesting a waiver from Art. VI, Sec. 6-14, C, (1), (a), v, which requires the minimum building setback to be 50 feet along public primary roadways. The applicant is proposing a 25 feet building setback along Ocoee -Apopka Road. The justification listed in the waiver table on the cover sheet indicates that the developer is dedicating right-of-way along Ocoee -Apopka Road and right-of- way along West Road as an offsetting public benefit. Staff supports the Waiver request as presented. Tract 1 is essentially a remnant of an original parent parcel of land for this project. Tract 1 will remain with its original 1-1 zoning but will be subject to the Conditions of Approval outlined on the Land Use Plan and Development Agreement. A Development Agreement will eventually accompany the PUD Land Use Plan for approval and execution by the City Commission. The agreement will allow for road impact fee credits to be issued to the applicant (not to exceed the amount of $250,000.00) for the Road "A" improvements. The Conditions of Approval specified in the Land Use Plan form the basis of the proposed Development Agreement. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) reviewed the Fountains West PUD/Land Use Plan on October 26, 2006. There were minor technical issues to be addressed from the City Attorney and Planning Division that were identified in written staff comments and presented verbally. All of the issues were discussed and all changes to the Plan were agreed upon. The applicant raised the issue about a Fast Food restaurant locating on Lot 2. Staff advised the applicant that staff will not support any Fast Food restaurants on lots fronting Ocoee -Apopka Road (specifically lots 1 and 2) due to the close proximity of residential units across the street and since Drive-in restaurants are prohibited within 200 feet of any residence per existing LDC requirements. After discussion was completed, the DRC voted unanimously to recommend approval of the Fountains West PUD Land Use Plan, subject to the changes discussed being made to the plans ahead of the Planning & Zoning Commission. A revised Fountains West PUD Land Use Plan (date stamped November 6, 2006) incorporates the DRC's requested changes; excepted for some minor remaining legal issues. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed Fountains West PUD/Land Use Plan at a Public Hearing on November 14, 2006. City Staff and the Applicant answered several questions regarding location, proposed uses, future development, and the future West Road alignment. An abutting property owner had several concerns about the proposed uses for the outparcels along Ocoee -Apopka Road. He did not believe that it was a good location for a fast food restaurant with a drive-thru due to noise, odors and traffic. The Drive-in restaurants prohibition from 200 feet from any residence came into question for Lot 3. Staff agreed to look into the actual distance between the Westyn Bay Townhomes and Lot 3. The abutting property owner also mentioned that the rear service area of the shopping center should be properly screened from view and noise. He also expressed his belief that the West Road realignment should be constructed in its final form and not with a temporary realignment. It was mentioned to the resident that that these two alignment scenarios were promulgated in the tri-party agreement with Orange County. Essentially, this gave the applicant the flexibility to proceed with his development if the County was not able to construct in a timely manner. Nevertheless, Staff agreed to discuss with the County the possibilities of constructing the final improvements for that section of West Road including the realigned intersection. Finally, the McDonald restaurant franchise expressed interest in locating on Lot 2. They gave a presentation on a new prototype McDonald restaurant with a drive-thru window. The Planning & Zoning Commission expressed that this would not be compatible with the area due to its close proximity with the residential units. Other interior lots were mentioned to the McDonald representatives as potential locations that were away from the residential units. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend rezoning the property from C-2 "Community Commercial", R-1A "Single -Family Dwelling", and 1-1 "Restricted Manufacturing & Warehousing" to PUD based on the Land Use Plan, as date stamped received by the City on November 6, 2006, subject to resolving the last remaining issues addressed in the City Attorney's review memorandum and approval of the small-scale Comprehensive Plan Amendment. After subsequent review, Lot 3 does not meet the 200 feet setback requirement for a Drive -In restaurant; therefore, staff will amend the formal recommendation to limit Lot 3 from the use of Drive -In restaurant. Staff Recommendation: Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the rezoning the property from C-2 "Community Commercial", R-1A "Single - Family Dwelling", and 1-1 "Restricted Manufacturing & Warehousing" to PUD based on the Land Use Plan, as date stamped received by the City on November 21, 2006, and further subject to limiting Lot 3 from the use as a Drive -In restaurant, approval of the Development Agreement and approval of the small-scale Comprehensive Plan Amendment. Attachments: Ordinance; Development Agreement; Location Map; Existing Zoning Map; Proposed Zoning Map; PUD Land Use Plan date -stamped November 21, 2006. Financial Impact: None. Type of Item: (please mark with an Y) 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 Dent Use: _ Consent Agenda X Public Hearing X Regular Agenda O:\Staff Reports\2006\SR06067_AF_ 2ndReading_FountainsWest_PUD_LandUsePlan.doc N/A X N/A N/A Mm: P N ORDINANCE NO. (PUD Zoning Ordinance for Fountains West PUD) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ESTABLISHING OCOEE "PUD" ZONING, PLANNED UNIT DEVELOPMENT DISTRICT, FOR CERTAIN REAL PROPERTY COMPRISING APPROXIMATELY 43.03 ACRES LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF WEST ROAD AND OCOEE-APOPKA ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners (the "Owner") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to zone said real property to Ocoee "PUD," Planned Unit Development District (the "Zoning"); WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement"); ORLA_369176.1 WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter described; WHEREAS, pursuant to the provisions of Section 6(13) of the JPA Agreement, the City has the authority to establish zoning for the real property hereinafter described and to immediately exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida Statutes; WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee (the "PZC"); WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan and the JPA Agreement; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041(3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. 2 ORLA_369176.1 SECTION 2. Zoning. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 43.03 acres located within the corporate limits of the City of Ocoee, Florida, is hereby established as Ocoee "PUD," Planned Unit Development District: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property") SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 4. Land Use Plan. The following Land Use Plan for the Property is hereby approved subject to the Conditions of Approval and Waiver(s) from the Ocoee Land Development Code set forth thereon: That certain Land Use Plan for Fountain West PUD prepared by Vanasse Hangen Bristlin, Inc., date stamped received by the City on with such additional revisions thereto, if any, as may be reflected in the minutes of the City Commission of the City of Ocoee meeting approving the same. The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference made a part hereof. SECTION 5. Official Zoning Map. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. 3 ORLA_369176.1 SECTION 6. Ocoee Comprehensive Plan and JPA Consistency. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA Agreement. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY THE CITY OF OCOEE, FLORIDA Approved as to form and legality this day of , 2006. FOLEY & LARDNER LLP City Attorney day of , 2006. CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2006 READ FIRST TIME , 2006 READ SECOND TIME AND ADOPTED , 2006 UNDER AGENDA ITEM NO. 4 ORLA_369176.1 EXHIBIT "A" (The "Property") A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East, Orange County, Florida. Said parcel being more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of said Section 6; thence run South 86' 38' 31" West, 1275.49 feet along the South line of said Northeast 1/4; thence leaving said South line, run North 05' 13' 58" West, 70.04 feet to the Point of Beginning, being a point on the existing Northerly right of way line of West Road; thence the following courses and distance along said Northerly right of way line, South 860 38' 31" West, 1051.87 feet to the point of curvature of a curve to the left, having a radius of 1195.91 feet and a central angle of 60 24 26"; thence along the arc of said curve a distance of 133.74 feet to the point of tangency; thence South 800 14' 05' West, 291.50 feet; thence South 86' 38' 31" West, 167.80 feet to a point on the Easterly right of way line of Ocoee —Apopka Road; thence leaving said Northerly right of way line, run the following courses and distances along said Easterly right of way line, North 27' 16' 36" West, 52.03 feet; thence North 28' 17' 59" East, 680.04 feet; thence North 610 42' 01" West, 30.00 feet; thence North 28' 17' 59" East, 691.98 feet; thence leaving said Easterly right of way line, run North 870 56' 46" East, 1371.68 feet; thence South 00' 33' 00" East, 795.83 feet; thence South 89' 56' 24" West, 348.00 feet; thence South 88' 46' 15" West, 28.23 feet; thence South 05' 13' 58" East, 386.36 feet to the Point of Beginning. Said parcel contains 43.03 acres, more or less. A-1 ORLA_369176.1 EXHIBIT "B" B-1 ORLA_369176.1 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Paul E. Rosenthal, Esq. FOLEY & LARDNER LLP I I I North Orange Avenue, Suite 1800 Post Office 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)656-2322 DEVELOPMENT AGREEMENT (Fountains West) For Recording Purposes Only THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2006 by and among SHW, LLC, a Florida limited liability company, whose mailing address is 33 S.E. 4th Street, Suite 100, Boca Raton, FL 33432 ("SHW"), LIVING WATERS CHURCH OCOEE, INC., a Florida not -for -profit corporation, whose mailing address is 120 McKey Street, Ocoee, FL 34761 ("Living Waters") (SHW and Living Waters are referred to herein collectively 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 (the "City"). WITNESSETH: WHEREAS, SHW 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 (the "SHW Property"); and WHEREAS, Living Waters and W.O.R.Y. INVESTORS, L.L.C., a Florida limited liability company ("W.O.R.Y. Investors") own 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 "B" attached hereto and by this reference made a part hereof (the "Church Property"); and WHEREAS, W.O.R.Y. Investors 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 "C" attached hereto and by this reference made a part hereof (the "W.O.R.Y. Property"); and WHEREAS, the SHW Property and the Church Property are referred to herein collectively as the "Property." The Property is described as one overall parcel on Exhibit "D" attached hereto and by this reference made a part hereof; and WHEREAS, pursuant to the petition of the Owner, on , 2006 the Ocoee City Commission approved Ordinance No. rezoning the Property as "PUD" under the Ocoee Land Development Code; and WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code; and WHEREAS, W.O.R.Y. Investors has agreed to join in and consent to this Agreement for the sole purposes of agreeing, for itself and its successors and assigns, to be bound by (i) all provisions of this Agreement that relate to that portion of the Church Property owned by the W.O.R.Y. Investors, and (ii)Conditions of Approval related to the W.O.R.Y. Property. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Development of the Property. A. The Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Fountains West prepared by Vanassee Hangen Brustlin, Inc., date stamped as received by the City on , 2006 (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 "E" 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 "E" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development -2- Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 3. Waivers from the Ocoee Land Development Code. Pursuant to City of Ocoee Ordinance No. Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "F" attached hereto and by this reference made a part hereof. Section 4. Permitted Uses. The permitted uses for the Property are set forth on Exhibit "G" attached hereto and by this reference made a part hereof. Section 5. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) when (1) hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 6. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 7. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. The City will, from time to time upon request of the Owner, execute and deliver letters affirming the status of this Agreement. Section 8. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 9. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 10. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 11. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 12. Specific Performance. Both the City and the Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. -3- Section 13. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 15. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 16. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 17. Effective Date. The Effective Date of this Agreement shall be the day and year first above written. [SiLnature Pages Follow IN IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the OWNER: presence of: SHW, LLC, a Florida limited liability company Print Name Print Name Print Name Print Name I0 Name: Its: LIVING WATER CHURCH OCOEE, INC., a Florida not -for -profit corporation IM Name: Its: -5- STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as of SHW, LLC, a Florida limited liability company, who is [] is personally known to me or [] produced as identification, and that he/she acknowledged executing the same in the presence of two subscribing witnesses on behalf of said company, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as of LIVING WATER CHURCH OCOEE, INC., a Florida not -for -profit corporation, who is is personally known to me or [_] produced as identification, and that he/she acknowledged executing the same in the presence of two subscribing witnesses on behalf of said corporation, 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(ifnot legible on seal)_ My Commission Expires (if not legible on seal): He 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 By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE CITY: CITY OF OCOEE, FLORIDA Attest: S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2006 UNDER AGENDA ITEM NO I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): -7- JOINDER AND CONSENT TO DEVELOPMENT AGREEMENT 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 foregoing Development Agreement for the sole purposes of agreeing, for itself and its successors and assigns, to be bound by (i) all provisions of this Agreement that relate to that portion of the Church Property (as defined in the forgoing Development Agreement) owned by the undersigned, and (ii) Condition of Approval Nos. 44, 45, 46, 54, 60, 62 and 63, as set forth on Exhibit "E" to the forgoing Development Agreement, which relate to the W.O.R.Y. Property (as defined in the forgoing Development Agreement). Nothing contained herein shall be interpreted to require that the undersigned perform any of the obligations of the Owner set forth in the Development Agreement, except to the extent set forth in this Joinder and Consent. Signed, sealed and delivered W.O.R.Y. INVESTORS, L.L.C., a Florida in the presence o£ limited liability company Print Name: Print Name: STATE OF FLORIDA COUNTY OF iA- Name: Its: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as of W.O.R.Y. INVESTORS, L.L.C., a Florida limited liability company, who is is personally known to me or [] produced as identification, and that he/she acknowledged executing the same in the presence of two subscribing witnesses on behalf of said company, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of .2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): SEE SHEET 2 C FOR SKETCH LEGAL DESCRIPTION A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East, in the City of Ocoee, Orange County, Flcricc. Said parcel being more particulorly described as follows: Commence of the Southeast comer of the Northeast 1/4 of sold Section 6; thence run South 86' 38' 31" West, 12/5.49 feet along the South line of said Northeost 1/4; thence leaving said South line, run North 05' 13' 58" West, /C.04 feet to the Point of Beginning; also being a point on the existing ,N'orthe,ly right of way line of West Road as shown on the Orlando -Orange County Expressway Authority Right of Way Map, Project No. 7532C-6460-602/6C3; thence the following courses and distances along said Northerly right of way line South 86' 38' 31" West 1051.87 feet to the point of curvature of a curve to the left, having a radius of 1195.91 feet and a central angle of 06' 24' 26"; thence along the arc of said curve a distance of 133./4 feet to the point of tangency; thence South 80' 14' 05" West, 291.50 feet; thence South 86' 38' 31" West, 16/.80 feet; thence leaving said Northerly right of way line, run Nortn 2/' 16' 36" West, 52.03 feet to a point on the Easterly right of way line of Ocoee -Apopka Road as shown on said Orlandc-Orange County Expressway Authority Right of Way Map; thence the following courses and distances along said Easterly right of way line North 28' 17' 59" East, 680.C4 feet; thence North 61' 42' 01" West, 30,00 feet; thence North 28' 17' 59" East, 691.98 feet; thence leaving said Easterly right. of way line, run .North 87' 56' 46" East, 189.96 feet; thence South 32' 49' 09" East, 8.76 feet; thence South 52' 3/' 06" East, 42.15 feet; thence South 33' 19' 35" East, 5/.68 feet; thence South 09' 10' 54" West, 43.20 feet; thence South 60' 14' 55" East, 53.68 feet; thence South 67' 37' 23" Fast, 30.76 feet; thence South 50' 51' 51" East, 42./2 feet; thence South 39' 25' 49" East, 1C.00 feet; thence South 18' 32' 01" East, 6.8.69 feet; thence South 43' 31' 36" West, 37.25 feet; thence South 15' 3C' 20" East, 2C.83 feet; thence South 03' 03' 50" East, 3C.65 feet; thence South 07' 18' 45" East, 37.72 feet; thence South 32' 44' Cl" East, 59.8C feet; thence South 46' 50' 23" East, 51.45 feet; thence South 51' 03' 58" East, 31.54 feet; thence South 37' 48' 46" East, 61.61 feet; thence North 89' 55' 04" East, 42.02 feet; thence South 89' 37' 32" East, 29.18'feet; thence South 18' 16' 54" East, 255.28 feet; thence North 81' 39' 41" East, 34.55 feet; thence South 89' 32' 31" East, 319.98 feet; thence South 05' 13' 58" East, 386.35 feet the Point of Beginning. Said parcel contains 26.11 acres, more or less. ILA Vanasse Hangen Brustlin, Inc. 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 Transportation Land Development Environmental Services NOTES 1. THIS BOUNDARY SURVEY IS NOT VA_ ID WITHOUT TrE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPFR. 2. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT. 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NCRTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BFING SOUTH 87'56'45" WEST, PER ORLANDO-ORANGE CCUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NC. 75,120-6460-602/603. 4. THIS BOUNDARY SURVEY IS BASED ON A BOUNDARY SURVEY PERFORMED BY VHB, AND IS BASED ON LAST DEEDS OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO, 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING 1HESE PROPERTIES MAY BE FOUND BY A SEARCH OF THE PUBLIC RECORDS. Field By N/A Drawn by Ss. Checked by BKH Scale 1" _ 300' Date 08/28/2006 Project Title BOUNDARY SURVEY SHOPPING CENTER COMMERCIAL PARCEL Issued for HALVORSEN Project Number 60929.00 SHEFT 1 oF�_ CERTIFICATION I HEREBY STATE THAT THIS BOl1NDARY SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOW: EDGE AND BE'_IEF; AND THAT [HIS BOUNDARY SURVEY VEETS THE MINIVUM TECiiNICAL STANDARZDS FOR F!.ORIDA SURVEYORS AND MAPPERS, AS SET FOR iH IN CHAPTER 61 G-17 OF THE FLORIDA ADMINIS fRA FIVE ('ODE, PURSUA11I -"i + CHAPTER 472.02F, FLORIDA STATUTES. For the firm b), = _ Brian Hefner, Professional Survey or and Mapper Florida license No. 5370 b -10- SEE SHEET 1 OF 2 FOR DESCRUM' CERTIFICATION, AND NOTES LINE TABLE LINE BEARING LENGTH 11 1 N61-42'01'W 30.00' L2 S32'49'09"E 8.76' L3 S5237'06'E 42.15' L4 S33-19'35"E 37.68' LS S09'10'54 W 43.20' L5 S60'14'55'E 53.68' L7 S67'37231 30.76' L8 S5051'57'E 42.72' L9 S39'25'49"E IO.00' L10 S78'32'01'E 68.69' L11 S43'31'36'W 37.25' _12 S15'30'20'E 20.83' L13 S03'03'50'F 30.65' L14 S07'18'45'E 37.72' L15 S32'44'01'E 59.80' L16 S46'50'23"E 51.45' L17 S51'03'58'E 31.54' L18 S37'48'46"E 61.61' S89'55'04"W 42.02' f291 S89'37'32"E 29.18' N81'39'41'E 34.55" N27'16'36'W 52.03' ` wl�i zz UOJ2�°ry CURVE TABLE =CIJIVELEH RADIUS CENtRAL ANGLE CHORD BEARING CHORD DISL4NCE C1 i33.74" 1195.91' 62426" S83'2618 W` 133.67' a � i.w o�epo 3P o� ^y NOT PI ATTED a�'=o �oQo iiN 6 E 189.96 — --- oe Rio rr L2 !6 mj �` oc L9 r'o 3 o i Cu- L12 FA'CFL i L13 �2 yy3 Q2� r L14 ELP'OpOS I'ROAD PROPC SgPARCEL. r -� LIVING WATERS CHURCH JF OCOEE, INC. ��8 L21� 1 L19 % NOR � � 1 p A SHOPPING CENTER / COMNFRCIAL PARCEL-____�-- -L2t S89-32 31 `E 4-7L_......-\ 319.98'.....--- / i OUT OGi r" PARC`cl.. 5 i W.O.R.Y. INVESTMENTS. LLC. OINT OF EGINNING nurUSED N'O,RTH RIGHT OF WAY LINE S86'38'31'W 1051.87' 0513'S8'W EXISTING NORTHERLY 70.04' 1 WEST ROAD RIGHT OF WAY LINES � / 5861531 W 1275.49' - SOUTH LINE LINE, NE 1/4 SECTION 6-22-28 OF SURVEY WEST ROAD PER POINT OF COMMENCEMENT CENIERLINE ORLANOO-ORANGE COUNTY EXPRESSWAY R/W MAP PROJ. N0. SOUTHEAST CORNER, /4, SECTION 6, NORTHEAST 1 1 4S. AUTHORITY 75320-6460-602/603 TOWNSHIP RANGE 28 E LEGEND AND ABBREVIATIONS • = SET 5/8" IRON ROD L.B. 7153 R/W = RIGHT-OF-WAY Field ByDrcwn by Checked by N/A S.S. BKH 5 rcie Date 1" = 300' 08/28/2006 Project Tit; BOUNDARYSURVEY SHOPPING CENTER CONMIERCIAL PARCEL Issued for HALVORSEN Project Number 60929.00 N Vanasse Hangen Brusthn, Inc. 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 0 300 600 Transportation SCALE I N FEET Land Development SHEET_2-QF z Environmental Services -11- SEE SHEET 2 OF , '7R SKETCH LEGAL DESCRIPTION A parcel of land located in the North half of Section 6, Township 22 ` cLAn, Range 28 East, Orange County, Florida. Said parcel being more particularly desc-ibed as fellows: Commence at the Soutneast corner of the Northeast 1/4 of said Section 6; thence run South 86' 38' 3 West, 1275.49 feet along the SOLth line of said Northeast 1/4; thence leavinq said South line, run North 05' 13' 58" West, 456.39 feet to the Point of Beginning; thence North 89' 32' 31" West, a19.98 feet; thence South 81' 39' 41" West, 34.55 feet; thence North 18" .6' 54" West, 255-28 feet; thence North 89' 37' 32" West, 29.18 feet; therce Soutn 89' 55' 04" West, 42.02 feet; thence North 37' 48' 46" West, 61.61 feet; thence North 51' 03' 58" Wert, 31.54 feet; thence North 46' 50' 23" West, 51.45 feet; thence North 32' 44' 01" West, 59.80 feet; thence North 07' 18' 45" West, 37.72 fact; thence North 03' 03' 50" West, 30.65 feet; thence North 15' 30' 20" West, 20.83 feet; thence North 43' 31' 36" East, 37.25 feet; thence North 18' 32' 01" West, 68.69 feet; thence North 39' 2b' 49" West, 10.00 feet; thence North 50' 51' 57" West, 42.72 feet; thence North 67' 37' 23" West, 30.76 feet; thence North 60' 14' 55" West, b3.68 feet; thence North 09' 10' 54" East, 43-20 feet; thence North 33' 19' 35" West, 37.68 feet; thence North 52' 37' 06" West, 42.15 feet; thence North 32' 49' 09" West, 8.76 feet to the North line of the So, thwest 1/4 of the Northeast 1/4 cf said Section 6; thence North 87' 56' 46" East, along said North line 1181.73 feet; thence leaving said North line, run Soutn 00' 33' 00" East, 795.83 feet; thence South 89' 56' 24" West, 348.00 feet; thence South 88' 46' 15" West, 28.23 feet to the Point of Beginning. Said parcel cortains 16.92 acres, more or less. I FA Ay #-1 8 I- ij Vanasse Hangen Brust4 Inc. 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 400E Licensed Survey Business LB7153 Transportation Land Development Environmental Services NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOLT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOLTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 87'56'45" WEST, PER ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. 4. THIS SKETCH AND DESCRIPTION IS BASED ON A BOUNDARY SLRVEY PERFORMED BY VHB, AND IS BASED ON LAST DEEDS OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING THESE PROPERTIES MAY BE FOUND BY A SEARCH OF THE PUBLIC RECORDS. Field By Drawn by S.S. Checked by BKH Scale 1" _ 300' Date 08/28/2006D1117 Project Title SKETCH & DESCRIPTION LIVING WATERS CHURCH OF OCOEE, INC. PARCEL Issued for HALVORSEN Project Numoe, SHEET 1 OF CERTIFICATION I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF; AND THAT THIS SKETCH AND DESCRIPTION VEETS THE MINIMUM TECHNICAL STANDARDS FOR FLORIDA SURVEYORS AND MAPPERS, AS SET FORTH IN Ci IAPTER 61 G17---6 OF THE Ft ORIDA ADMINISTRATIVE CODE, PURSUANT_T��CHAP FER 472.027 FLORIDA STATUTES. For the firm by;`� Brian K. Hefner, S.M. Processional Sury or and Mapper Florida License N 5370 -13- SEE SHEET 1 OF 2 FOR DESCRIPTION, C1 FICATION, AND NOTES LINE TABLE L1NE BEARING LENGTH Lt S81'39'41"W 34.55 L2 N89'37'32"W 29.18' 13 S89'55'C4"W 42.02' L4 N37'48'46"W 61.61' L5 N51'03'58`W 31.54' L6 N46'50'23'W 51.45' L7 N32'44'Ot"W 59 80" L8 N07'1 8'45"W' 37.72' W 30.65' 3 ^� oo \moo 0'20"VJ 20.83' o�" Doti 2 2 tip o Q pP Q� �P �P 1611 ppLQ -V7 � I � N H e ro O n w � U to � \ I \ s z I z LINE TABLE '-iNE BEARING LENGTH L11 I N43'31'36"E 3l.25' L12 N18'32'Ot"W 68.69' 113 ! N39'25'49'w' 10.00' _ L14 N50'51'57'W 42.72' 115 N67'37'23"w 30.76' C16 N6014'55"w 53.68 L17 N09"C'541 _ 43.20' L18 N33'19'35"W 37.68' L19 N52'3T06"W 42.15 L20 N32'49'09"W 8,76' L21 S88'46'15"W 28.23' S!iQPFi.',3 C=N,_R CQMi61ERGAL FARCE Legend & Abbreviations R/W = RISH T-OF-WAY Nor ;'A T'TED NBTSfi 46'E 1181.73' !aces �� .eSls .�e� t II n 3�,'2 ';:3'-.,�%�o NORTH LINE SW 174, NE 174 ez.sz SECTION 6-22-28 6Sh5' NG"<� 3�:N 1 4f3ik Fi"N S' wzre�Tw 1y N AND �}—�._3' I 1 m _�V4ET A6�0]CIr./ N2,1%J9'C$'W pNj LVING.'h'AFERS CH'JRCR OF GCGfE.NC. '1 !y L2:'ars7E 3Y'S' L3 Nss-z�a•c Z E6R2' f I 319.9� I 1 POINT OF i 1 BFGINNING m � n 1n e Iz 348.00' W'.C.R.: iWtSTMEN?S, L.L.C. " ROAD RIGNIN�FW yPROPOSED r NORTH-_'_----- RIGHT ERLI OF WAY LINE I S86'38'31"W EXISTING NORTHERLY RIGHT OF WAY LINE 1275,49' LINE NF 1/4 SECTON 6-22-28 -SOUTH UNE Nw 1/a WEST ROAD POINT OF COMMENCEMENT SECTION 6-22-28 1'1'G►� SOUTHEAST CORNER, NORTHEAST 1/4 (RIGHT OF WAY VARIES) SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST Field Fly Drawn by Checked by N/A S.S. BKH Scale Cate 1" = 300' 08/28/2006 Project Title SKETCH & DESCRIPTION LIVING WATERS CHURCH OF OCOEE, INC. PARCEL Issied for HALVORSEN Project Number SHEET 2 0= 2 N 0 300 600 SCALE IN FEET u Vanasse Hangen Brastlin, Inc. 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 -14- SEE SHEET 2 OF 2 FOR SKETCH EXHIBIT C LEGAL DESCRIEITON A parcel of land located in the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida; being a portion of a parcel of land known as Tax Pofcel number 06-22-28-0000-00-022. Said parcel being more particularly described as follows: Commence at the Northwest corner of said tax parcel; thence North 87'56'45" East, 440.40 feet along the North line of said parcel to the Point of Beginning; thence continue along said ,Worth line, North 87' 56' 45" East, 379..95 feet to the East line of said tax parcel; thence leaving said north line, run South 05' 28' 45" East, 1172.11 feet to o point on the Northerly right of 'way line of West Road; thence leaving said East line, run the following courses and distances along said Northerly right of way line, South 86' 38' 31". West, 515.38 feet; thence North 77' 11' 15" West, 71.31 feet; thence South 86' 38' 32" West, 240.88 feet to the West line of said tax parcel; thence leaving said Northerly right of way line, run North 05' 13' 58" West, 386.36 feet along said West line; thence leaving said West line, run North '88' 46' 15" East, 28.23 feet; thence North 89' 55' 24" East, 348.00 feet; thence North 00' 33' 00" West, 795.83 feet to the Point of Beginning. Said parcel contains 14.76 acres, more or less NOTES I ?A I 1_1 47411F f J, J�7 Vanasse Hangen Brusth,7, Inc. 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 Transportation . Land Development Environmental Services I. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT. 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 87'56'45" WEST, PER ORLANDO—ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. 4. THIS SKETCH AND DESCRIPTION IS BASED ON A BOUNDARY SURVEY PERFORMED BY VHB, AND IS BASED ON LAST DEEDS OF. RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO—ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING THESE PROPERTIES MAY BE FOUND BY A SEARCH OF THE PUBLIC RECORDS. -field By Drawn by Checked by S.S. BKH icale 1 n = 200' Date O1/14/2005 'roject Title SKETCH & DESCRIPTION W.O.R.Y. REMAINING MILTON WEST) PARCEL sued for 3ALVORSEN -oject Number CERTIFICATION I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THEBESTOF MY KNOWLEDGE AND BELIEF; AND THAT,JHIS'.'SK-ETCH AND DESCRIPTION MEETS THE MINIMUM,,�TEO�N'ICAL/,'STANDARDS FOR FLORIDA SURVEYORS, -.AND MAPPERS,. XS SET FORTH IN CHAPTER 61G-17''OF THC`FLMDA` ADMINISTRATIVE CODE, PURSUANT HAPTER 472.027, F ORIDA STATUTES. For the firm by; Brian K" Mefner, P M. Professional Surve rand Mapper Florida License No. 370 -16- SF.E SHEET I OF 2 FOR rimmPITON, CERTIFICATION, AND NOTES EXHIBIT C POINT OF COMMENCEME ORTHWEST CORNER TAX PAR A 06-22-28-0000-00-022 NOT PLATTED NOT PLATTED PROPOSED RIGHT OF WAY-' NORTHERLY RIGHT OF WA' POINT OF NOT PLATTED NORTH LINE SW 1/4. NE 1/4 SECTICN 6-22-28 NOT PLATTED N8T56'45"E 379.95' ,iORTH LINE TAX PARCEL ADJACENT LANDS W.O.R.Y. REMAINING 14.76 ACRES N89'56'24"E 348.00' 8'46'15"E 28.23' PARCEL NO. 06-22-28-0000-00-022 W.O.R.Y. INVESTMENTS, L.L.C. 71. 81 S86'38'31"W S86'38 32 W 515.38 24p'88 WEST ROAD N Field By Drawn by 1111 Checked by BKWH S.S.J Scale I" = 200, Date 01/14/2005 'roject Title SKETCH & DESCRIPTION W.O.R.Y. REMAINING WILTON WEST) PARCEL vase sangen BrustwkInc. sued for O 200 400 135 W. Central Blvd, Suite 800 EIALVORSEN Orlando, FL 32801 SCALE I N FEET 407 839 4006 • FAX 407 839 4008 �r iect N1mber T ;,-A C111S)PV Rncins.ec T T1714Z cV r W Do N in J U as ra- J NOT PLATTED -17- SEE SHEET 2 OF 2 FOR SKETCH ENMIT D LEGAL DESCRIPITON A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East, Orange County, Florida. Said parcel being more particularly described as follows: Commence at the Southeast corner of'the Northeast 1/4 of said Section 6; thence run South 86' 38' 31" West, 1275.49 feet along the South line of said Northeast 1/4; thence leaving said South line, run North 05' 13' 58" West, 70.Od feet to the Point of Beginning, being a point on the existing Northerly right of way line of West Road; thence the following courses and distance along said Northerly right of way line, South 86' 38' 31 West, 1051.87 feet to the point of curvature of a curve to the left, having a radius of 1195.91 feet and a central angle of 5' 24' 26"; thence along the arc of said curve a distance of 133.74 feet to the point of tangency, thence South 80' 14' 05" West, 291.50 feet; thence South 86' 38' 31" West, 167.80 feet to a point on the Easterly right of way line of Ocoee —Apopka Road; thence leaving said Northerly right of way line, run the following courses and distances along said Easterly right of way line, North 27' 16' 36" West, 52.03 feet; thence North 28' 17' 59" East, 680.04 feet; thence North 61' 42' 01" West, 30.00 feet; thence North 28' 17' 59" East, 691.98 feet; thence leaving said Easterly right of way line, run North 87' 56' 46" East, 1371.68 feet; thence South 00' 33' 00" East, 795.83 feet; thence South 89' 56' 24" West, 348.00 feet; thence South 88' 46' 15" West, 28.23 feet; thence South 05" 13' 58" East, 386.36 feet to the Point of Beginning. Said parcel contains 43.03 acres, more or less. 11 — ?A 4 r VJ681 Panmse Hangen Brustlin, Inc, 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 Transportation Land Development Environmental Services NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT. 3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE NORTHEAST- 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 86'38'31" WEST, PER O.RLANDO—ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. 4. THIS SKETCH AND DESCRIPTION IS BASED ON A BOUNDARY SURVEY PERFORMED BY VHB,. AND IS BASED ON LAST DEEDS OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO—ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO_ 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING THESE PROPERTIES MAY BE FOUND BY A SEARCH OF THE PUBLIC RECORDS. Field By Crown by Checked by CERTIFICATION N/A S.S. BKH I HEREBY STATE THAT THIS SKETCH AND DESCRIPTION IS TRUE AND Scale ��� —��� Date 05/19/2006 CORRECT TO THE BEST OF MY KNt WtiED'G,E, AND.BELIEF, AND THAT THIS SKETCH AND DESCRIPTION M E,T,S, THE MINIMOM TECHNICAL �rojsct Title - STANDARDS FOR FLORIDA SUR.VEYORS..AND 'MAPPERS; • AS SET FORTH IN CHAPTER 61G-17 OF THE FLORIDA'.ADMINISTRATIVE CODE, SKETCH& DESCRIPTION PURSUANT TO CHAPTER 472.027; FcORiDA STATUTE PUD PARCEL For the firm by; -sued for JALVORSEN Brian K. er, P.S Professional Surveyo and Mapper project Number Florida License No. 370 -19- ` SE9 SHEET 1 OF 2 FOR DESCRIPTION, CERTIFICATION, AND NOTES EXHIBIT D 04�'Ory� i gyp- Q` Po pPpQQ' 4�P �P id,`S'L QJ qO�ppp4i J* o N � w R,Gyto T " Zsr JS86'38'31 W ---'-67.80` 50,14 �.-5 TH ONE NW 1— /4.�-291 SECTION 6-22-28 NOT PLATTED 1371.6B' { I M I �i I W O O M CO / Co NOT ?LAT?EO [S88*46'1 5'W 28.23' S89'56'24"W 348.00' w m cD 7 t0. -PROPOSED NORTHERLY RIGHT OF Wqy LINE S86'38'31-W 1051.87' J EXISTING NORTHERLY RIGHT OF WAY LINE _ -';Z::SOUTk1 LINE NE 1/4 SECTION 6-22-26 LR=1195.91' WEs' ROAD L=133.74' A=6'24'26' (RIGHT OF WAY VARIES) CB=S83'26'1 S'W CH=133.67' LINE TABLE ONE BEARING LENGTH L1 N05'1358"W 70.04" L2 N27'I6"36`W 52.0.3 L3 N61'42IO1'W 30.D0' Legend & Abbreviations R/W = RIGHT—OF—WAY N Field By NiA Drawn by S.S. Checked by BIM Seale I = 300- Dote 05/19/2006 'reject Title SKETCH & DESCRIPTION PUD PARCEL ssued for 0 300 600 ffALVORSEN 'roject Number SCAT E IN FEET POINT OF BEGINNING S86'38'31'W 1275.4, POINT OF COMMENCEMENT SOUTHEAST CORNER, NORTHEAST 1/4 SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST Vanasse Sangen Brustk74 Inc. 135 W. Central Blvd:, Suite 800 Orlando, FL 32801 407 839 4006 FAX 407 839 4008 Licensed Survey Business LB7153 Transportation Land Development Environmental Services —20— EXHIBIT "E" Conditions of Approval 1. The applicant requests the City of Ocoee to rezone 43.03 acres to PUD, Planned Unit Development. The rezoning will be subject to approval of a Small Scale Comprehensive Plan Amendment and a Development Agreement. 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 should be construed as such an exemption. 3. To the extent the Land Use Plan and these Conditions of Approval conflict with the City of Ocoee Land Development Code, the provisions of the Land Use Plan and these Conditions of Approval shall control. 4. Each fire hydrant shall be 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. 5. Streetlights will be installed prior to a Certificate of Completion being issued, and the cost of operations will be assumed in accordance with the provisions of the City of Ocoee Land Development Code in effect at the time of issuance of a Certificate of Completion. 6. The Developer of each tract shall be responsible for installing reuse lines along with the other subdivision infrastructure. At such time as reuse water is available to the property, the Developer shall be responsible for connection to the reuse system lines. 7. All on -site utilities including electrical, cable TV and telephone shall be placed underground. 8. Any damage caused to any public roads as a result of the construction activities related to the project or any portion thereof shall be promptly repaired to the applicable government standards at the sole cost and expense of the owner of the portion of the project being developed in connection with such construction activities. 9. The Developer is to protect and prevent any disturbance, siltation, or other construction within the conservation areas inside the 100-year flood elevation. Those areas are to be fenced off during construction and silt fences installed to eliminate any possible disturbance in those areas during construction. 10. All existing structures (including buildings, power lines, existing aerial and utility facilities) and Progress Energy easements will be removed and/or terminated prior to or during construction of the development replacing those uses. 11. The development of this project will incorporate the stormwater needs of all public roads within the project. -21- 12. All drainage, utility and maintenance easements shall be for the benefit of the property owners association or other designated maintenance entities. The drainage and utility easements shall be dedicated to the perpetual use of the public at the time of platting. 13. An emergency access easement to the retention ponds and over all drainage easements shown hereon shall be dedicated to the City 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, to enter upon any property it does not own or take any action to repair or maintain the drainage system on the property. 14. 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. 15. To the extent any lift stations are required on the property they will be owned and maintained by the owner of lot 6 at the time of platting. Lift station facilities shall be designed to accommodate a master pumping station consistent with the County's utility master plans. All such lift stations shall be fenced with black, vinyl chain -link fence, with posts and rails painted black, and shall be set back no less than 25' from any street. Such lift stations shall also be screened with hedge -type shrubbery, such as viburnum or ligustrum. 16. All access rights to all public roads, except at approved locations shown on the Plan, shall be dedicated to the City of Ocoee at the time of platting. 17. All legal instruments, including but not limited to the property association documents such as articles of incorporation, bylaws, and declaration of covenants and restrictions, shall be provided to the City for review and approval prior to or at the time of platting all or a portion of the property. 18. Intentionally deleted. 19. Intentionally deleted. 20. Existing trees 8" or larger (other than citrus trees or "trash" trees) located along proposed locations of buffer walls or road right-of-way lines will be preserved if at all possible. The buffer walls and roads will be designed around those trees to incorporate them into required landscape buffers and as street trees. 21. The existing grades on individual lots containing protected trees will be maintained as much as possible to preserve existing protected trees. For lots containing protected trees, there will be no grading or other construction on individual lots, except as specified in the Final Subdivision Plan, until building permits are issued for those lots. 22. 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. -22- 23. In order to ensure that as many existing trees as possible will be preserved, all road right-of-ways and retention areas will be flagged for review by the City and the Engineer prior to any tree removal. No clearing permits will be issued for site work or building construction until all trees to be preserved have been clearly marked with tree protection barriers. 24. Removal of existing trees will be limited to clearing road right-of-way and retention areas as detailed in these plans. All existing protected trees on individual lots will be evaluated at the time a building permit is issued for that lot, to determine whether or not each tree needs to be removed. 25. The Developer shall construct appropriate curb cuts to enable access ramps at all rights -of -way intersections (and other areas as reasonably required) in order to accommodate access to sidewalks and streets for persons who are in wheelchairs and other persons who are physically challenged. 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. 26. The Developer shall comply with all requirements of the City and other governmental entities with jurisdiction to protect the wetlands being preserved and to prevent any disturbance, siltation, or other construction below the natural wetland lines. Further, the areas below the natural wetland lines shall be fenced off (and silt fences shall be installed) during construction activities immediately adjacent to the wetlands, in order to minimize disturbances of the wetlands during construction. 27. Wetland and existing surface water impact for this property is regulated by St. Johns River Water Management District ("SJRWMD") and the Florida Department of Environmental Protection ("FDEP"). General or Individual permits are required from these agencies prior to commencement of construction. 28. In the event the master stormwater retention ponds are conveyed to a property owner's association (the "Association") then the Developer shall remain responsible for the maintenance of the project's master stormwater management system ("SWMS"), including all master stormwater retention ponds, until such time as: (i) the SWMS for the project is constructed and appropriate certificates of completion issued by both the City and the SJRWMD, (ii) the master stormwater retention ponds intended to be conveyed to the Association have in fact been conveyed to the Association, (iii) the Association is designated as the maintenance entity on the records of the SJRWMD and all transfer records required by 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 Association acknowledging receipt of the Developer's proposed maintenance plan with respect to the SWMS and that the Association is responsible for the maintenance of the SWMS. 29. The developer will provide a draft Master Easement Agreement to the City with the preliminary subdivision plan for the property. The City will review the Master Easement Agreement in connection with its review of the preliminary subdivision plan. 30. There shall be no access from the project to any public roads except at the approved locations shown on the plan. -23- 31. At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for the property, the Developer will map the jurisdictional wetland line on the site and establish a 25' upland buffer from that line. Depending on the results, the City may also require a Conservation and Drainage Easement over any wetlands or adjoining conservation area. The usable area of the site will be reduced by this acreage and all development criteria will be reduced proportionately. Prior to or at the time of development of any portion of the property, if a Conservation and Drainage Easement is required, the Developer shall convey to the City the Conservation and Drainage Easement, the form of which shall be approved by the City prior to the conveyance. 32. All commercial Lots will be a minimum of 1 acre in size. 33. All commercial Lot uses shall conform to the Master Architectural, Signage, Lighting and Landscape Package Plans, which will be provided with the first Preliminary/Final Subdivision Plan and Site Plan Review for the property and which will be subject to approval of the City. 34. Notwithstanding the conveyance of any tract to the City, until such time as the improvements contemplated for said tract are commenced, the Developer shall be responsible for the Maintenance of the tract. 35. The Final Grading Plan will preserve existing grades on individual lots containing protected trees as much as possible. 36. 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 in the Plan. 37. No parking is allowed adjacent to Ocoee Apopka Road. 38. The road impact fee credits will be provided by the City upon the platting of the Property with either (i) the posting a surety for improvements in accordance with the requirements of the Land Development Code, or (ii) the issuance by the City of a Certificate of Completion for such improvements. The Developer will provide the City with documentation acceptable to the City with respect to the cost of construction and the value of any land for which road impact fee credits are to be provided. 39. Road A shall be dedicated to the City of Ocoee at the time of Platting. The Developer shall construct improvements within Road A pursuant to the approved Preliminary and Final Subdivision Plan(s) for this project. The City shall provide Road Impact Fee Credits for the value of half (50%) of the Right of Way within Road A and half (50%) of the actual cost of construction of the improvements, provided, however, that the amount of Road Impact Fee Credits shall not exceed a total of $250,000. 40. The Developer will comply with all requirement of the West Road Realignment Agreement applicable to the developer. Any material breach of the West Road Realignment Agreement by the Developer which remains unresolved following the cure and remedy provisions of section 24 and 25 of the agreement shall be considered a breach of the PUD requirements. -24- 41. The Developer shall meet all stormwater retention requirements for Road A within the project at no cost to the City of Ocoee. The Developer shall be responsible for the maintenance of the stormwater retention system serving Road A. 42. The Developer shall grant a Drainage Easements across the drainage ponds in favor the City. 43. The Developer shall grant a temporary drainage easement across Tracts C-2 and C-3 in favor of Orange County for the Temporary Realignment of West Road. 44. Each phase of the project will stand on its own with respect to public services (sewer, water, stormwater management, access and other related services. 45. The following Conditions of Approval are applicable to the adjacent land located to the west of the property, depicted as "Tract 1" on the PUD Land Use Plan: a) At the time of platting of Lot 8, Tract 1 shall be platted as a single lot, which may be later replatted in connection with the development thereof. b) On Lot 8, the 2,300 seat auditorium is the maximum permitted subject to a preliminary 1 final site plan approval consistent with the City's LDC standards. 46. The underlying Land Use (light industrial) and Zoning (I-1) for the remainder of W.O.R.Y parcel will remain intact and subject to a preliminary Subdivision Plan consistent with this PUD and with the adopted Land Development Code. 47. Tract 1 cannot be developed unless the access road and utilities are provided per approved PUD land use plan. 48. Lots 1 through 5 must utilize common architectural elements from Lot 6 building elevations. 49. Lot 6 shopping center shall provide continuous covered pedestrian arcades utilizing awnings or canopies at least 8' in width for the length of the main entrance fagade. 50. No Shopping cart corrals shall be permitted adjoining a building or within parking areas unless screened with landscaping or other acceptable buffer. 51. Dedication of Tract G to the City of Ocoee is part of the Wetland Mitigation for the PUD plan for Lot 8. 52. Lot 3 and 7 Wetland Mitigation is being handled on site by dedication of Tract G as public trail and construction of a water feature in Tract F. 53. The maximum impervious area within the entire project shall be 70% of the gross land area excluding lakes and jurisdictional wetland areas and open space shall correspondingly be at least 30% of gross land area. -25- 54. Open space areas for individual parcels within planned project containing a master stormwater system may be reduced to 20% if all other buffer and landscape requirements are met and a maximum of 70% impervious area is maintained within the entire project. 55. The owner of Tract 1 shall be responsible for all wetlands mitigation for the wetlands located within Tract 1, including but not limited to wetland mitigation for the proposed roadway extension as shown on the Land Use Plan. 56. Lot 8 is not part of the master stormwater management system for Lots 1 to 7, inclusive. Lot 8 will be required to obtain approval of a preliminary and final site plan which will address stormwater management for Lot 8 in accordance with the requirements of the City and other governmental authorities having jurisdiction. 57. Gas stations, service stations and commercial convenience stores shall utilize either gable or hip roof structures. The canopies for gas pumps shall be attached to the main building and integrated into the architectural roof design. 58. The entire project will have one master water meter. The owner of Lot 6 will be responsible for the master meter and will receive the water bill for the entire project based on the master meter. The owner of Lot 6 will bill the owner of each other Lot based on private meters which will be installed for each other Lot. The master easement agreement will reflect this requirement. 59. Any vacated portion of the West Road Right of Way which becomes part of the Property will be included as part of Lot 7. 60. The shared use of a right-in/right-out access driveway to Ocoee -Apopka Road will be provided to the owner of the property located south of the project and adjacent to Ocoee -Apopka Road as shown on the Plan. The Owner will provide an easement over the driveway if requested to do so by the City. 61. A separate Preliminary Subdivision Plan and Final Subdivision Plan will be required in connection with the Development of Tract 1. No development rights are granted with respect to Tract 1 by virtue of any approval of this Plan. 62. At the time of platting of any portion of the Property, the Owner will grant in favor of the City an access and drainage easement over the portion of the roadway located within lot 6 adjacent to Road A. 63. At the time of development of Tract 1, the owner of Tract 1 will grant in favor of the City an access and drainage easement over and across Tract 1 as depicted on the Plan. 64. At the time of development of tract 1, Road A will be extended through Tract 1 as generally depicted on the Plan. The actual alignment will be determined at the time a Preliminary Subdivision Plan is submitted for Tract 1. -26- EXHIBIT "F" Waivers CODE SECTION CODE REQUIREMENTS PROPOSED STANDARDS JUSTIFICATION LDC, Article VI, No more than 50% 70% frontage on Additional Right -of - Section 6-14, C, of the linear Ocoee -Apopka Way dedication on (1), (b), ii. roadway frontage Road in outparcels. Ocoee -Apopka Road shall be devoted to No more then 50 % and partial dedication outparcels within a frontage on West for West Road commercial Road in outparcels. Realignment on West development. Road. LDC, Article VI, 50 feet building 25 feet building Additional Right -of - Section 4-5, M, setback on Ocoee- setback on Ocoee- Way dedication on (3). Apopka Road and Apopka Road and Ocoee -Apopka Road West Road. West Road. and West Road. -27- EXHIBIT "G" Permitted Uses Fountains West PUD Permitted Uses fable Use Lots 1 & 2 Lots 3, 4 & 5 Lot 6 Lot 7 Lot 8 Appliance Store Bank Bar (associated with restaurant seating 45 people) Car Wash (1) * « Clinic, Dental or Medical Commercial, Convenience with Gas Sales Commercial, Retail * * « Department Store Drive in Restaurant (3) * * « Equipment Sales * « Furniture Store * * « « Grocery Store/Supermarket Heating, Ventilating, Plumbing Sales & Service * « « Interior Decorating Store * « « Liquor Store, No on -premise consumption Miniature Golf Course « « Movie Theater « Music, Radio, TV Shop * « « Nursery/Garden Supply Store * * * « Professional Offices Restaurant « « « « Veterinary Hospitals and Kennels when confined within structure * * « Child Care Facilities * * « * « Church (2) « Club or Community Use * « « « Recreation Facility, Commercial * « « *Permitted Use (1) Only as Accessory to Gas/Convenience Store Establishment (2) (2300 seats; 45' Steeple/Tower feature; ancillary uses such as church related offices, religious/book store; daycare facility and recreational building) (3) This wo is Not Pei.. IN Lot 8 -28- o c.0 (A,; Copy of Public Hearing Advertisement Date Published �1W6hy(Ptf,11 gouty wando �e4�ut - class-c,h*tds Advertisement CITY OF OCOff NOTICE OF PUBLIC NEARING TO CONSIDER THE APPLICATION FOR A S ZONING A14DI fID�USEnV,;FO FOUNTAINS WtST RE CASE NUMBERS: CPA-M-01-05 and RZ-054M Fountains west Comprehensive Plan Amendment Location Map ed i f & . t b � Fountains West PUO Location Map a fk� r< � S `"S \ \ e9 a 7y tt� ` S 4 fS`S ins arks€ oncerning The prapOSea Hmenamem w me wn muv�u,w omprehensive Plan and Rezoning based upon the rec- mmendation of the Planning anc� Zoning Commission nd the Development Review Committee and with its con- ormance with the requirements of the Ocoee Land Devel- ipmenT Code. fhe complete case file, including a complete legal de- cription by metes and bounds, may be inspected at the 0akeshoremDriveYOcoee!oFlard ,between thehoursrol 1:00 a.m. and 5:00 P.m., Monday through Friday, excepl egal holidays. "her dates andittmesmas It deems necesso Y hAny inter �sted party shall be advised that the dates; times, anc 3laces of any continuation of these or continued public Bearings shall be announced during the hearings and tha 1 0 further notices regarding these matters will be pub fished. Interested parties may appear at the public hearings ani be heard with respect to the proposed (small-scale) C0m Any Persyon wlishin'Amendment nto a Peal only d ci ion madeedurin the public hearings will need a record of the proceeding. and for this purpose may need Ta ensure that a verbatin record of the proceedings is made which includes the tes timony-and evidence upon which the appeal is based. Per sons with disabilities needing assistance to participate ii any of the proceedings should contact the City Clerk's 01 fice 48 hours in advance of the meeting at (407) 905-310 Beth El Clebk rY, OLS129286 city12/7/C Issued for: Planned Unit Development Plan Date Issued: March 03, 2005 Latest Issue: November 15, 2006 No. Drawing Title Latest Issue C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 C-12 SV-1 SV-2 PUD Land Use Plan 09/01 /06 PUD Boundary 09/01/06 Existing Zoning Map 01 /25/06 Preliminary Utility Plan 10/26/06 Preliminary Site Plan With Future West Road Realignment 09/01 /06 USDA Soil Survey Map 04/14/06 Adjacent Parcels 07/ 12/05 Conditions Of Approval 11/15/06 Lot and Tract Plan 09/01 /06 Lot Matrix & Parking Summary 11/15/06 Sign Details 10/20/06 Lighting Details & Conceptual Building Elevation 10/20/06 Reference Drawing Boundary and Topographic Survey for the Parent Parcels 08/15/05 Boundary and Topographic Survey for the Parent Parcels 08/15/05 WAIVER REQUEST IEI. OS) City of Ocoee ZONE x 1 CITY OF OCOEE 120185 ORANGE COUNTY r Orange County Unincorporated Areas 120179 ZONE X I , City of Orange County 717�1 Ocoee 1 Unincorporated Areas 120185 120179 ZONE x APPROX Orange County NOIRH Al _ PROPERTY ated Areas BOUNDARY 12 179 AV AV \� 'Naas AV SpQPjpil� iNGMM AV — -. L CIMCONA CCOUVI flD AM 210-A S EPH _ aMMIE CityofZONE X Ocoee RD 120185LN J City of Ocoee = T, ORANGE COUNTY 120185 5 b �za City of CITY OF OCOEE �owA,,w Ocoee MAP ENE OR m OflGDIA Si WYO.ING 120185 1 CROSS R OSS flD n S '4 tANGERWOOD c 'vv ZONE X t c _ 5 ZONE X S NOE000 i7 WNflSi i ND WILLOW CAW100D OR S Orange County DGEEKoND SANDY �°H A Unincorporated Areas >< °"° Zone X = No flood Harzard .Area Flood Site Map t I ountai*ns West Ocoee�Apopka Road ,�#'I�coee, Florida Owners: Living Waters SHW, LLC W.O.R.Y. Investors Church of Ocoee, Inc. 33 S.E. 4th Street, Suite 100 P.O. Box 1028 120 McKey Street Boca Raton, FL 33432 Ocoeell FL 34761 Ocoee, F134761 Phone • 561-367-9200 Phone • 407-415-6542 App l i c ant/Developer : Halvorsen Development Corporation 33 S.E. 4th Street, Suite 100 Boca Raton, F133432 Phone • 561-367-9200 - Site Location Map ••�:�u. 0 1000 2000 Feet ENGINEER SURVEYOR VANASSE, HANGEN, BRUSTLIN, INC. VANASSE, HANGEN, BRUSTLIN, INC. 135 W. CENTRAL BLVD., SUITE 800 135 W. CENTRAL BLVD., SUITE 800 ORLANDO, FL 32801 ORLANDO, FL 32801 PH• (407) 839 AMIC CODE CODE PROPOSED JUSTIFICATI❑N SECTI❑N REQUIREMENTS STANDARDS 6-141CI(1)(b)ii No more then 50% frontage 707. frontage on Additional Right -Of -Way in outparcels Ocoee -Apopka Road in dedication on Ocoee -Apopka outparcels, No more then Road and pertial dedication 50% frontage on West Roac for West Road Realignment in outparcels on West Raodl 4-51MI(3) 50' front yard building 25' front yard building Additional Right -Of -Way setback on Ocoee -Apopka setback on Ocoee -Apopka dedication on Ocoee -Apopka Road Road Road and West Road Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services • - PH: (40'7) 839-4006 ARCHITECT LANDSCAPE ARCHITECT MARK WIENER, ALOHA PACIFICA LLC ARCHITECTURE/ PLANNING 1817 BRIARCLIFF RD. 33 S.E. 4th Street, Suite 101 WINTER PARK, FL 32792 Boca Raton, F133432 PH: (407) 691-0002 phone: 561-750-5298 UTILITY INFORMATION CABLE ADELPHIA COMMUNICATIONS POTABLE WATER 4305 VINELAND ROAD, SUITE G-2 ORANGE COUNTY PUBLIC UTILITIES ORLANDO, FL 32811 109 E. CHURCH STREET ORLANDO, FL 32801 BRIGHTHOUSE NETWORKS SANITARY SEWER 844 MAGLTIRE ROAD OCOEE, FL 34761 ORANGE COUNTY PUBLIC UTILITIES 109 E. CHURCH STREET GAS ORLANDO, FL 32801 LAKE APOPKA NATURAL GAS DISTRICT P.O. BOX 783007 SOLID WASTE w o WINTER GARDEN, FL 34778 CITY OF OCOEE � 0 150 NORTH LA�KESHORE DRIVE N O RECLAIMED WATER OCOEE, FL 34761 `° 9 a CITY OF OCOEE z 'e 150 NORTH LAKESHORE DRIVE ELECTRIC 0 OCOEE, FL 34761 PROGRESS ENERGY o 452 E, CROWN POINT ROAD TELEPHONE WINTER GARDEN, FL 34787 o SPRINT 2n 1 '< 20pa 33 N. MAIN STREET WINTER GARDEN, FL 34777 LLC P: \60929.00\cad\Id\Plonset\PUD\60929 Site Plan.d 0 b / OT�3 26 Ac s C F 0.1 eras WATER .. �F�U•RE .. WE IOU y n mr) might < Realig est Road Nr R L0 7 Cr X 1.00 Ac es DRIVE WAY - �/ - FR GNAL P LE ACCESS _ w M1 AFFI 5 NAL CON L OX 18" RCP D• SY g TpNDC►PE"" _ ''"'-' - �.p Ah. Y�y �'d�+-ram. C' i." ��.. X� Y _,ga., '�,�•+� �ritl�� -ASSUM TO ADD CATER AREA 0.44 ACRES ZOO �- SHARED RIGHT IN/RIGHT AIC T �C — 2 68 cres ENTRANCE 3 --` ENTRANCE 4 (RIGHT TURN LANE) (RIGHT TURN LANE) UNINCORPORATED No -e --ACCESS I /5 unuTY oss LOT EASEM T B• vnDE HIGH 1.2 Acres k Ek"ASIS oSSWAIX T)P. 4 TYP OT # 8I PRIMARY SIGN I 25' PRONT SETBACK oscAPE Bur�ER 25' REIy1ATNDER TfR'ACT/ 1 /NOT OF W.O,:R�.Y.,/ / 1'NCL/DED ASS AR P-GEL / /P9P`TF `GD 1,4.76�,AC�/S T�(RACT 1 1936 [acres o l�- MIT�ATEDJ BY W.O.R.Y. /// 1 SECO/NDARY JOINT AND CROS AC ESS P! TNT h MITI TED 0 SITE / LA SC /PE B FFE IGNME�NT OF/F TURE E 'TENSIOrN CONCEPT I NLY 0 BE PETER' ME j WITH PRELIM NARY SUBD}VISION PLAN Ed�i REMAINING W.E'TLAND IMPACT WILL B N AB,Il1"tING LAN TO PER E ABAN ONED. iTTED (AND MITIG�` TED THROUGH SJH / 'I' / BY /W.O.R. IMPACTS �RE NOT INCLUDED' I / SOUTHERN PORTION OF WETLAND DELINEATED FROM AERIAL ZONE 1-1 1 \ 1 200 Q 1001 200 \ SCALE IN' FEET i H EXI 0 ^ ^ LO ENTRANCE 5 (RIGHT TURN LANE, a, LEFT TURN LANE BY OTHERS, FUTURE SIGNALIZATION BY OTHERS) �\ ^� h� Lot # 11 Lot # 83 j Lot # 84 Lot # 85 Jam/ 2VP CTR NTRANCE (LE I`/RfG%T T� LS, SIGNAL` ED) ZONE Rom` 2 I TH f � Lot # 1 � 8' WIDE EMPH TYP. A Lot # 2 off: /j R>v f RGHT RIGHT IN /RIGHT II�"y` RIGHT OUT Lot # 3 1 ��- ONLY LOT f ` y / ��y 1.16 Acres A s �QJ � ROUTE Lot # 6 Lot # 5 Let # 4 $' 6' CONCRETE SIDEINALK �4) (TYP,) r / 7/ ra ro �tey. • Lot # 0 • ■� �� •� 1 Z s y i EXISTING SIGNAL ZONE C-2 G i`r 2—�— IKAIa , rcvaa n.,••.......-..__.._.. %- co w of 1 ^N , MITIGATED ONSITE BAFF RA I rn � co g{ � �'-gaql RIWO 12g a N99 11. ac es ,�1 klfre �ti p i a rtar'� / I h �I Ig 10' LAt,PSCAPE S IP I s ADJA(,ENT TO B, DING / J OT 41. ^ -24• MITE33 Acre ' -8' NIGH EupHoss CRG ALK TIP. — — ONT SETBA — — BU zsa.7 JF11 11711 TA E �• UnLITY il � Uanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 5 Per City Comments 09/01 /06 4 Per City Comments 05/01 /06 3 Lot and Parking Layout 01/25/06 2 Lot Geometry 09/20/05 — 1 Revised As Per City Comments 07/12/05 No. Revision Date ppvd. 1A Designed by ML Drawn by ML Checked by RAB CAD checked by M r Approved by IRB Scale 1"=100' Date March 03, 2005 rroject nue FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development OUT DRIVE WAY ACCESS Not Approved for Construction Drawing Title / / PUD Land Use Plan Drawing Number C.I Sheet of Project Number CB=S83'26'18" W RANGE 28 EAST CH=133.67' LEGAL DESCPdPTTON A parcel of land located in the North half of Section 6, Township 22 South, Range 28 East, Orange County, Florida. Said parcel being more particularly described as follows: Commence at the Southeast corner of the Northeast 1/4 of said Section 6; thence run South 86' 38' 31" West, 1275.49 feet along the South line of said Northeast 1/4; thence leaving said South line, run North 05' 13' 58" West, 70.04 feet to the Point of Beginning, being a point on the existing Northerly right of way line of West Road; thence the following courses and distance along said Northerly right of way line, South 86' 38' 31" West, 1051.87 feet to the point of curvature of a curve to the left, having a radius of 1195.91 feet and a central angle of 6' 24' 26"; thence along the arc of said curve a distance of 133.74 feet to the point of tangency, thence South 80' 14' 05" West, 291.50 feet; thence South 86' 38' 31" West, 167.80 feet to a point on the Easterly right of way line of Ocoee —Apopka Road; thence leaving said Northerly right of way line, run the following courses and distances along said Easterly right of way line, North 27' 16' 36" West, 52.03 feet; thence North 28' 17' 59" East, 680.04 feet; thence North 61' 42' 01" West, 30.00 feet; thence North 28' 17' 59" East, 691.98 feet; thence leaving said Easterly right of way line, run North 87' 56' 46" East, 1371.68 feet; thence South 00' 33' 00" East, 795.83 feet; thence South 89' 56' 24" West, 348.00 feet; thence South 88' 46' 15" West, 28.23 feet; thence South 05' 13' 58" East, 386.36 feet to the Point of Beginning. Said parcel contains 43.03 acres, more or less. NOTES 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE LAND DESCRIPTION HEREON WAS WRITTEN BY THIS SURVEYOR AT THE DIRECTION OF THE CLIENT. 3. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 86'38'31" WEST, PER ORLANDO—ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. 4. THIS SKETCH AND DESCRIPTION IS BASED ON A BOUNDARY SURVEY PERFORMED BY VHB, AND IS BASED ON LAST DEEDS OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO—ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING THESE PROPERTIES MAY BE FOUND BY A SEARCH OF THE PUBLIC RECORDS. - I 10 0 300 •0# SCALE IN FEET Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 ❑ FAX 407-839-4008 EB-3932 2 Revised As Per City Comments 09/01/06 1 No Revised As Per City Comments Revision 07/12/05 Date Appvd. Designed by ML Drawn by aiL Checked by RAB CAD checked by M T Approved by JRB Scale 1 "=300' o_..>__ Date March 03, 2005 FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Urawing Title PUD Boundary Drawing Number C-2 Sheet of Project Number 60929.00 60929 SITE PLAN.DWG FJ: �bU` 29.UU�cad�ld�Hlanset�FJUU�bUY2Y 51te Nlan.d 1 I . .i . I. . i. . I. , . r 4',',',',-,-,-,-,',-,'+-,',','+'+'+'+'+'+'+',',',',',',','y',','+',',"+'+',','+'+-+',-+'+-,-,-+-+','+-+',-,-,-,-,-,-,-,-,-+',-,'+'+'+'+-+'+','+-,'+'+',',',',',',',','+',','+-+-,-,'+', , - - - - - - - - - - - 1 - 1, F--- i. 1. 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Revision Dote vd PP • Desi ned b 9 Y ML Drawn b Y ML Checked b Y RAB CAD checked b Y Mr A roved b PP Y JRB Scale 1 °=2001 Date March 03 2005 f rro ect uve J F OLTNTA INS WE T S Ocoee Fl orlda Issued for Plann ed Unit Devel o ment p Not A ro ved for Cons truction AA Drawing Title Existing Zoning Map Drawin Number 9 G3 Sheet of Project Number 60929.00 60929 SITE PLAN.DWG P:\60929.00\cad\ld\Planset\PUD\60929 Site Plan.d Note; Lot Development Proposal is Conceptual and Lots are Subject to Site Plan Approval Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 5 Revised As Per City Comments 10/26/06 4 Revised As Per City Comments 09/01 /06 3 Revised As Per City Comments 05/01 /06 QRevised Lot and Parking Layout 01 /25/06 — 1 Revised As Per City Comments 07/12/05 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by MT Approved by JRB Scale 1"=100, Date March 03, 2005 rroject ime FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title Preliminary Utility Plan Drawing Number C-4 Sheet of Project Number 60929.00 60929 SITE PLAN.DWG P:\60929.00\cad\ld\Plonset\PUD\60929 Site Plan.dwi Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 Revised As Per City Comments 05/01 /06 ARevised Lot and Parking Layout 01/25/06 — Aj Revised As Per City Comments 07/12/05 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by MT Approved by JRB Scale 1"=100, Date March 03, 2005 Project Title FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title Preliminary Site Plan With Future West Road Realignment Drawing Number C-5 Note: Lot Development Proposal is Conceptual Sheet of and Lots are Subject to Site Plan Approval Project Number 60929.00 60929 SITE PLAN.DWG H: \bUY2Y.UU\cad\Id\Nlanset\HUU\b(JY29 Uov—H51-1. Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 ASoil 42 Added To Table 04/14/06 1 Revised As Per City Comments 07/12/05 No. Revision Date ppvd. 1A Designed by ML Drawn by ML Checked by RAB CAD checked by M T Approved by JRB Scale Date March 03, 2005 rro%ei;:r pUU' FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title USDA SOIL SURVEY" Drawing Number C-6 Sheet of Project Number 60929.00 60929 C0V—P5P.DWG N: \bUYZY.uu\cad\Id\l'lanset\i✓uu\bUY29 U0V—t'SF1.dwg Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 135 W �,a&pVWd.2§gte 800 0rla44grWJ9= V#AX 407-839-4008 407-M-" 0 FAX 407-839-4008 EB-3932 Revised As Per City Comments 07/12/05 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by M T Approved by JRB Scale 1:100 Date March 03, 2005 Project Title FOUNTAINS WEST Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title ADJACENT PARCELS Drawing Number �QVA Sheet of Project Number 60929.00 60929 COV—PSP.DWG P: \60929.00\cad\Id\Planset\PUD\60929 Site Plan ALT 8.d CONDITIONS OF APPROVAL 1. THE APPLICANT REQUESTS THE CITY OF OCOEE TO REZONE 43.03 ACRES TO PUD, PLANNED UNIT DEVELOPMENT. THE REZONING WILL BE SUBJECT TO APPROVAL OF A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND A DEVELOPMENT AGREEMENT. 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 SHOULD BE CONSTRUED AS SUCH AN EXEMPTION. 3. TO THE EXTENT THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL CONFLICT WITH THE CITY OF OCOEE LAND DEVELOPMENT CODE, THE PROVISIONS OF THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL SHALL CONTROL. 4. EACH FIRE HYDRANT SHALL BE 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. 5. STREETLIGHTS WILL BE INSTALLED PRIOR TO A CERTIFICATE OF COMPLETION BEING ISSUED, AND THE COST OF OPERATIONS WILL BE ASSUMED IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF OCOEE LAND DEVELOPMENT CODE IN EFFECT AT THE TIME OF ISSUANCE OF A CERTIFICATE OF COMPLETION. 6. THE DEVELOPER OF EACH TRACT SHALL BE RESPONSIBLE FOR INSTALLING REUSE LINES ALONG WITH THE OTHER SUBDIVISION INFRASTRUCTURE. AT SUCH TIME AS REUSE WATER IS AVAILABLE TO THE PROPERTY, THE DEVELOPER SHALL BE RESPONSIBLE FOR CONNECTION TO THE REUSE SYSTEM LINES. 7. ALL ON -SITE UTILITIES INCLUDING ELECTRICAL, CABLE TV AND TELEPHONE SHALL BE PLACED UNDERGROUND. 8. ANY DAMAGE CAUSED TO ANY PUBLIC ROADS AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT OR ANY PORTION THEREOF SHALL BE PROMPTLY REPAIRED TO THE APPLICABLE GOVERNMENT STANDARDS AT THE SOLE COST AND EXPENSE OF THE OWNER OF THE PORTION OF THE PROJECT BEING DEVELOPED IN CONNECTION WITH SUCH CONSTRUCTION ACTIVITIES. 9. THE DEVELOPER IS TO PROTECT AND PREVENT ANY DISTURBANCE, SILTATION, OR OTHER CONSTRUCTION WITHIN THE CONSERVATION AREAS INSIDE THE 100-YEAR FLOOD ELEVATION. THOSE AREAS ARE TO BE FENCED OFF DURING CONSTRUCTION AND SILT FENCES INSTALLED TO ELIMINATE ANY POSSIBLE DISTURBANCE IN THOSE AREAS DURING CONSTRUCTION. 10. ALL EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND UTILITY FACILITIES) AND PROGRESS ENERGY EASEMENTS WILL BE REMOVED AND/OR TERMINATED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES. 11. THE DEVELOPMENT OF THIS PROJECT WILL INCORPORATE THE STORMWATER NEEDS OF ALL PUBLIC ROADS WITHIN THE PROJECT. 12. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE FOR THE BENEFIT OF THE PROPERTY OWNERS ASSOCIATION OR OTHER DESIGNATED MAINTENANCE ENTITIES. THE DRAINAGE AND UTILITY EASEMENTS SHALL BE DEDICATED TO THE PERPETUAL USE OF THE PUBLIC AT THE TIME OF PLATTING. 13. AN EMERGENCY ACCESS EASEMENT TO THE RETENTION PONDS AND OVER ALL DRAINAGE EASEMENTS SHOWN HEREON SHALL BE DEDICATED TO THE CITY 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, TO ENTER UPON ANY PROPERTY IT DOES NOT OWN OR TAKE ANY ACTION TO REPAIR OR MAINTAIN THE DRAINAGE SYSTEM ON THE PROPERTY. 14, 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. 15. TO THE EXTENT ANY LIFT STATIONS ARE REQUIRED ON THE PROPERTY THEY WILL BE OWNED AND MAINTAINED BY THE OWNER OF LOT 6 AT THE TIME OF PLATTING. LIFT STATION FACILITIES SHALL BE DESIGNED TO ACCOMMODATE A MASTER PUMPING STATION CONSISTENT WITH THE COUNTY"S UTILITY MASTER PLANS. ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK, VINYL CHAIN -LINK FENCE, WITH POSTS AND RAILS PAINTED BLACK, AND SHALL BE SET BACK NO LESS THAN 25" FROM ANY STREET. SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH HEDGE -TYPE SHRUBBERY, SUCH AS VIBURNUM OR LIGUSTRUM. 16. ALL ACCESS RIGHTS TO ALL PUBLIC ROADS, EXCEPT AT APPROVED LOCATIONS SHOWN ON THE PLAN, SHALL BE DEDICATED TO THE CITY OF OCOEE AT THE TIME OF PLATTING. 17. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO THE PROPERTY ASSOCIATION DOCUMENTS SUCH AS ARTICLES OF INCORPORATION, BYLAWS, AND DECLARATION OF COVENANTS AND RESTRICTIONS, SHALL BE PROVIDED TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO OR AT THE TIME OF PLATTING ALL OR A PORTION OF THE PROPERTY. 18. ALL TRACTS, WHICH ARE TO BE OWNED AND MAINTAINED BY THE PROPERTY OWNER'S ASSOCIATION, SHALL BE CONVEYED TO THE PROPERTY OWNER'S ASSOCIATION BY WARRANTY DEED AT THE TIME OF PLATTING. 19. A PROPERTY OWNER'S ASSOCIATIONS WILL BE CREATED FOR MAINTENANCE AND MANAGEMENT OF ALL COMMON AREAS, UNLESS OTHERWISE NOTED. ALL TRACTS OWNED BY THE CITY SHALL BE EXEMPT FROM ASSESSMENTS BY, OR PARTICIPATION IN, PROPERTY OWNER ASSOCIATIONS UNLESS OTHERWISE AGREED TO BY THE CITY. NOTWITHSTANDING THE FOREGOING, THE CITY ON ITS OWN MAY ELECT TO PARTICIPATE ON THE BOARD FOR ANY PROPERTY OWNER ASSOCIATION FORMED AND/OR RETAIN VOTING RIGHTS FOR TRACTS OWNED BY THE CITY. 20. EXISTING TREES 8"" OR LARGER (OTHER THAN CITRUS TREES OR "TRASH" TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER WALLS OR ROAD RIGHT-OF-WAY LINES WILL BE PRESERVED IF AT ALL POSSIBLE. THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS STREET TREES. 21. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL LOTS, EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR THOSE LOTS. 22. 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. 23. IN ORDER TO ENSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL BE PRESERVED, ALL ROAD RIGHT-OF-WAYS AND RETENTION AREAS WILL BE FLAGGED FOR REVIEW BY THE CITY AND THE ENGINEER PRIOR TO ANY TREE REMOVAL. NO CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING CONSTRUCTION UNTIL ALL TREES TO BE PRESERVED HAVE BEEN CLEARLY MARKED WITH TREE PROTECTION BARRIERS. 24. REMOVAL OF EXISTING TREES WILL BE LIMITED TO CLEARING ROAD RIGHT-OF-WAY AND RETENTION AREAS AS DETAILED IN THESE PLANS. ALL EXISTING PROTECTED TREES ON INDIVIDUAL LOTS WILL BE EVALUATED AT THE TIME A BUILDING PERMIT IS ISSUED FOR THAT LOT, TO DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. 25. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE ACCESS RAMPS AT ALL RIGHTS -OF -WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. 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. 26. THE DEVELOPER SHALL COMPLY WITH ALL REQUIREMENTS OF THE CITY AND OTHER GOVERNMENTAL ENTITIES WITH JURISDICTION TO PROTECT THE WETLANDS BEING PRESERVED AND TO PREVENT ANY DISTURBANCE, SILTATION, OR OTHER CONSTRUCTION BELOW THE NATURAL WETLAND LINES. FURTHER, THE AREAS BELOW THE NATURAL WETLAND LINES SHALL BE FENCED OFF (AND SILT FENCES SHALL BE INSTALLED) DURING CONSTRUCTION ACTIVITIES IMMEDIATELY ADJACENT TO THE WETLANDS, IN ORDER TO MINIMIZE DISTURBANCES OF THE WETLANDS DURING CONSTRUCTION. 27. WETLAND AND EXISTING SURFACE WATER IMPACT FOR THIS PROPERTY IS REGULATED BY ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("SJRWMD"") AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (""FDEP""). GENERAL OR INDIVIDUAL PERMITS ARE REQUIRED FROM THESE AGENCIES PRIOR TO COMMENCEMENT OF CONSTRUCTION. 28. IN THE EVENT THE MASTER STORMWATER RETENTION PONDS ARE CONVEYED TO A PROPERTY OWNER'S ASSOCIATION (THE ""ASSOCIATION") THEN THE DEVELOPER SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF THE PROJECT"S MASTER STORMWATER MANAGEMENT SYSTEM ("SWMS""), INCLUDING ALL MASTER STORMWATER RETENTION PONDS, UNTIL SUCH TIME AS: (1) THE SWMS FOR THE PROJECT IS CONSTRUCTED AND APPROPRIATE CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY AND THE SJRWMD, (II) THE MASTER STORMWATER RETENTION PONDS INTENDED TO BE CONVEYED TO THE ASSOCIATION HAVE IN FACT BEEN CONVEYED TO THE ASSOCIATION, (III) THE ASSOCIATION IS DESIGNATED AS THE MAINTENANCE ENTITY ON THE RECORDS OF THE SJRWMD AND ALL TRANSFER RECORDS REQUIRED BY 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 ASSOCIATION ACKNOWLEDGING RECEIPT OF THE DEVELOPER'S PROPOSED MAINTENANCE PLAN WITH RESPECT TO THE SWMS AND THAT THE ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE OF THE SWMS. 29. THE DEVELOPER WILL PROVIDE A DRAFT MASTER EASEMENT AGREEMENT TO THE CITY WITH THE PRELIMINARY SUBDIVISION PLAN FOR THE PROPERTY. THE CITY WILL REVIEW THE MASTER EASEMENT AGREEMENT IN CONNECTION WITH ITS REVIEW OF THE PRELIMINARY SUBDIVISION PLAN. 30. THERE SHALL BE NO ACCESS FROM THE PROJECT TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE PLAN. 31. AT THE TIME OF SUBMITTAL OF THE FIRST PRELIMINARY SUBDIVISION PLAN OR SITE PLAN REVIEW FOR THE PROPERTY, THE DEVELOPER WILL MAP THE JURISDICTIONAL WETLAND LINE ON THE SITE AND ESTABLISH A 25" UPLAND BUFFER FROM THAT LINE. DEPENDING ON THE RESULTS, THE CITY MAY ALSO REQUIRE A CONSERVATION AND DRAINAGE EASEMENT OVER ANY WETLANDS OR ADJOINING CONSERVATION AREA. THE USABLE AREA OF THE SITE WILL BE REDUCED BY THIS ACREAGE AND ALL DEVELOPMENT CRITERIA WILL BE REDUCED PROPORTIONATELY. PRIOR TO OR AT THE TIME OF DEVELOPMENT OF ANY PORTION OF THE PROPERTY, IF A CONSERVATION AND DRAINAGE EASEMENT IS REQUIRED, THE DEVELOPER SHALL CONVEY TO THE CITY THE CONSERVATION AND DRAINAGE EASEMENT, THE FORM OF WHICH SHALL BE APPROVED BY THE CITY PRIOR TO THE CONVEYANCE. 32. ALL COMMERCIAL LOTS WILL BE A MINIMUM OF 1 ACRE IN SIZE. 33. ALL COMMERCIAL LOT USES SHALL CONFORM TO THE MASTER ARCHITECTURAL, SIGNAGE, LIGHTING AND LANDSCAPE PACKAGE PLANS, WHICH WILL BE PROVIDED WITH THE FIRST PRELIMINARY/FINAL SUBDIVISION PLAN AND SITE PLAN REVIEW FOR THE PROPERTY AND WHICH WILL BE SUBJECT TO APPROVAL OF THE CI TY. 34. NOTWITHSTANDING THE CONVEYANCE OF ANY TRACT TO THE CITY, UNTIL SUCH TIME AS THE IMPROVEMENTS CONTEMPLATED FOR SAID TRACT ARE COMMENCED, THE DEVELOPER SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE TRACT. 35. THE FINAL GRADING PLAN WILL PRESERVE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES AS MUCH AS POSSIBLE. 36. 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 IN THE PLAN. 37. NO PARKING IS ALLOWED ADJACENT TO OCOEE APOPKA ROAD OR ALONG THE ENTRANCE ROAD LOCATED BETWEEN LOTS 2 AND 3. 38. ROAD A SHALL BE DEDICATED TO THE CITY OF OCOEE AT THE TIME OF PLATTING. THE DEVELOPER SHALL CONSTRUCT IMPROVEMENTS WITHIN ROAD A PURSUANT TO THE APPROVED PRELIMINARY AND FINAL SUBDIVISION PLAN(S) FOR THIS PROJECT. THE CITY SHALL PROVIDE ROAD IMPACT FEE CREDITS FOR THE VALUE OF HALF (50%) OF THE RIGHT OF WAY WITHIN ROAD A AND HALF (50%) OF THE ACTUAL COST OF CONSTRUCTION OF THE IMPROVEMENTS, PROVIDED, HOWEVER, THAT THE AMOUNT OF ROAD IMPACT FEE CREDITS SHALL NOT EXCEED A TOTAL OF $250,000. THE ROAD IMPACT FEE CREDITS WILL BE PROVIDED BY THE CITY UPON THE PLATTING OF THE PROPERTY WITH EITHER (1) THE POSTING A SURETY FOR IMPROVEMENTS IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE, OR (11) THE ISSUANCE BY THE CITY OF A CERTIFICATE OF COMPLETION FOR SUCH IMPROVEMENTS. THE DEVELOPER WILL PROVIDE THE CITY WITH DOCUMENTATION ACCEPTABLE TO THE CITY WITH RESPECT TO THE COST OF CONSTRUCTION AND THE VALUE OF ANY LAND FOR WHICH ROAD IMPACT FEE CREDITS ARE TO BE PROVIDED. 39. THE DEVELOPER WILL COMPLY WITH ALL REQUIREMENT OF THE WEST ROAD REALIGNMENT AGREEMENT APPLICABLE TO THE DEVELOPER. ANY MATERIAL BREACH OF THE WEST ROAD REALIGNMENT AGREEMENT BY THE DEVELOPER WHICH REMAINS UNRESOLVED FOLLOWING THE CURE AND REMEDY PROVISIONS OF SECTION 24 AND 25 OF THE AGREEMENT SHALL BE CONSIDERED A BREACH OF THE PUD REQUIREMENTS. 40. THE DEVELOPER SHALL MEET ALL STORMWATER RETENTION REQUIREMENTS FOR ROAD A WITHIN THE PROJECT AT NO COST TO' THE CITY OF OCOEE. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE STORMWATER RETENTION SYSTEM SERVING ROAD A. 41. THE DEVELOPER SHALL GRANT A DRAINAGE EASEMENTS ACROSS THE DRAINAGE PONDS IN FAVOR THE CITY. 42. THE DEVELOPER SHALL GRANT A DRAINAGE EASEMENT ACROSS A PORTION OF LOT 7 IN FAVOR OF ORANGE COUNTY FOR THE TEMPORARY REALIGNMENT OF WEST ROAD. 43. EACH PHASE OF THE PROJECT WILL STAND ON ITS OWN WITH RESPECT TO PUBLIC SERVICES (SEWER, WATER, STORMWATER MANAGEMENT, ACCESS AND OTHER RELATED SERVICES. 44. THE FOLLOWING CONDITIONS OF APPROVAL ARE APPLICABLE TO THE ADJACENT LAND LOCATED TO THE WEST OF THE PROPERTY, DEPICTED AS "TRACT 1" ON THE PUD LAND USE PLAN: A) AT THE TIME OF PLATTING OF LOT 8, TRACT 1 SHALL BE PLATTED AS A SINGLE LOT, WHICH MAY BE LATER REPUATTED IN CONNECTION WITH THE DEVELOPMENT THEREOF. B) ON LOT 8, THE 2,300 SEAT AUDITORIUM IS THE MAXIMUM PERMITTED SUBJECT TO A PRELIMINARY 1 FINAL SITE PLAN APPROVAL CONSISTENT WITH THE CITY"S LDC STANDARDS. 45. THE UNDERLYING LAND USE (LIGHT INDUSTRIAL) AND ZONING (1-1) FOR THE REMAINDER OF W.O.R.Y PARCEL WILL REMAIN INTACT AND SUBJECT TO A PRELIMINARY SUBDIVISION PLAN CONSISTENT WITH THIS PUD AND WITH THE ADOPTED LAND DEVELOPMENT CODE. 46. TRACT 1 CANNOT BE DEVELOPED UNLESS THE ACCESS ROAD AND UTILITIES ARE PROVIDED PER APPROVED PUD LAND USE PLAN. 47. LOTS 1 THROUGH 5 MUST UTILIZE COMMON ARCHITECTURAL ELEMENTS FROM LOT 6 BUILDING ELEVATIONS. 48. LOT 6 SHOPPING CENTER SHALL PROVIDE CONTINUOUS COVERED PEDESTRIAN ARCADES UTILIZING AWNINGS OR CANOPIES AT LEAST 8" IN WIDTH FOR THE LENGTH OF THE MAIN ENTRANCE FACADE. 49. NO SHOPPING CART CORRALS SHALL BE PERMITTED ADJOINING A BUILDING OR WITHIN PARKING AREAS UNLESS SCREENED WITH LANDSCAPING OR OTHER ACCEPTABLE BUFFER. 50. DEDICATION OF TRACT G TO THE CITY OF OCOEE IS PART OF THE WETLAND MITIGATION FOR THE PUD PLAN FOR LOT 8. 51. LOT 3 AND 7 WETLAND MITIGATION IS BEING HANDLED ON SITE BY DEDICATION OF TRACT G AS PUBLIC TRAIL AND CONSTRUCTION OF A WATER FEATURE IN TRACT F. 52. THE MAXIMUM IMPERVIOUS AREA WITHIN THE ENTIRE PROJECT SHALL BE 70% OF THE GROSS LAND AREA EXCLUDING LAKES AND JURISDICTIONAL WETLAND AREAS AND OPEN SPACE SHALL CORRESPONDINGLY BE AT LEAST 30% OF GROSS LAND AREA. 53. OPEN SPACE AREAS FOR INDIVIDUAL PARCELS WITHIN PLANNED PROJECT CONTAINING A MASTER STORMWATER SYSTEM MAY BE REDUCED TO 20% IF ALL OTHER BUFFER AND LANDSCAPE REQUIREMENTS ARE MET AND A MAXIMUM OF 70% IMPERVIOUS AREA IS MAINTAINED WITHIN THE ENTIRE PROJECT. 54. THE OWNER OF TRACT 1 SHALL BE RESPONSIBLE FOR ALL WETLANDS MITIGATION FOR THE WETLANDS LOCATED WITHIN TRACT 1, INCLUDING BUT NOT LIMITED TO WETLAND MITIGATION FOR THE PROPOSED ROADWAY EXTENSION AS SHOWN ON THE LAND USE PLAN. 55. LOT 8 IS NOT PART OF THE MASTER STORMWATER MANAGEMENT SYSTEM FOR LOTS 1 TO 7, INCLUSIVE. LOT 8 WILL BE REQUIRED TO OBTAIN APPROVAL OF A PRELIMINARY AND FINAL SITE PLAN WHICH WILL ADDRESS STORMWATER MANAGEMENT FOR LOT 8 IN ACCORDANCE WITH THE REQUIREMENTS OF THE CITY AND OTHER GOVERNMENTAL AUTHORITIES HAVING JURISDICTION. 56. GAS STATIONS, SERVICE STATIONS AND COMMERCIAL CONVENIENCE STORES SHALL UTILIZE EITHER GABLE OR HIP ROOF STRUCTURES. THE CANOPIES FOR GAS PUMPS SHALL BE ATTACHED TO THE MAIN BUILDING AND INTEGRATED INTO THE ARCHITECTURAL ROOF DESIGN. 57. THE ENTIRE PROJECT WILL HAVE ONE MASTER WATER METER. THE OWNER OF LOT 6 WILL BE RESPONSIBLE FOR THE MASTER METER AND WILL RECEIVE THE WATER BILL FOR THE ENTIRE PROJECT BASED ON THE MASTER METER. THE OWNER OF LOT 6 WILL BILL THE OWNER OF EACH OTHER LOT BASED ON PRIVATE METERS WHICH WILL BE INSTALLED FOR EACH OTHER LOT. THE MASTER EASEMENT AGREEMENT WILL REFLECT THIS REQUIREMENT. 58. ANY VACATED PORTION OF THE WEST ROAD RIGHT OF WAY WHICH BECOMES PART OF THE PROPERTY WILL BE INCLUDED AS PART OF LOT 7. 59. A SHARED RIGHT-IN/RIGHT-OUT ACCESS DRIVEWAY TO OCOEE-APOPKA ROAD WILL BE PROVIDED TO THE OWNER OF THE PROPERTY LOCATED SOUTH OF THE PROJECT AND ADJACENT TO OCOEE-APOPKA ROAD AS SHOWN ON THE PLAN. THE OWNER WILL PROVIDE AN EASEMENT OVER THE DRIVEWAY IF REQUESTED TO DO SO BY THE CITY. 60. A SEPARATE PRELIMINARY SUBDIVISION PLAN AND FINAL SUBDIVISION PLAN WILL BE REQUIRED IN CONNECTION WITH THE DEVELOPMENT OF TRACT 1. NO DEVELOPMENT RIGHTS ARE GRANTED WITH RESPECT TO TRACT 1 BY VIRTUE OF ANY APPROVAL OF THIS PLAN. 61. AT THE TIME OF PLATTING OF ANY PORTION OF THE PROPERTY, THE OWNER WILL GRANT IN FAVOR OF THE CITY AN ACCESS AND DRAINAGE EASEMENT OVER THE PORTION OF THE ROADWAY LOCATED WITHIN LOT 6 ADJACENT TO ROAD A. 62. AT THE TIME OF DEVELOPMENT OF TRACT 1, THE OWNER OF TRACT 1 WILL GRANT IN FAVOR OF THE CITY AN ACCESS AND DRAINAGE EASEMENT OVER AND ACROSS TRACT 1 AS DEPICTED ON THE PLAN. 63. AT THE TIME OF DEVELOPMENT OF TRACT 1, ROAD A WILL BE EXTENDED THROUGH TRACT 1 AS GENERALLY DEPICTED ON THE PLAN. THE ACTUAL ALIGNMENT WILL BE DETERMINED AT THE TIME A PRELIMINARY SUBDIVISION PLAN IS SUBMITTED FOR TRACT 1. r Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 QCombined COA 38 & 39 11 /15/06 4 Revised Conditions of Approval 10/26/06 Q3 Revised Conditions of Approval 09/01 /06 2 Comments #37 & 38 added 04/24/06 Aj Sheet Added Per City Comments 01/25/06 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by M T Approved by JRB Scale N/A Date January 25, 2006 rrojeci ime FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Preliminary/Final Subdivision Plan Preliminary/Final Site Plan Not Approved for Construction Drawing Title Conditions of Approval Drawing Number C-8 Sheet of Project Number 60929.00 60929 SITE PLAN ALT 8.DWG P: \60929.00\cad\Id\Planset\PUD\60929 Lot Plan. Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-8394008 EB-3932 2 Revised Per City Comments 09-01-06 1 Additional Plan PUD Set 05-01-06 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by MT Approved by JRB Scale 1 "=100' Date March 03, 2005 rroject utie FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title PUD Lot and Tract Plan Drawing Number C-9 Sheet of P: \60929.00\cad\Id\Planset\PUD\60929 Site Plan ALT 8. Perini tted Uses Use Lots 1 & 2 Lots 3, 4 & 5 Lot 6 Lot 7 Lot 8 Appliance Store Bank Bar (associated with restaurant seating 45 people) Car Wash (1) Clinic, Dental or Medical Commercial, Convenience with Gas Sales Commercial, Retail Department Store Drive in Restaurant Equipment Sales Furniture Store Grocery Store/Supermarket Heating, Ventilating, Plumbing Sales & Service Interior Decorating Store Liquor Store, No on -premise consumption Miniature Golf Course Movie Theater Music, Radio, TV Shop Nursery/Garden Supply Store Professional Offices Restaurant Veterinary Hospitals and Kennels when confined within structure Child Care Facilities Church (2) Club or Community Use Recreation Facility, Commercial 1 `*Permitted Use I ,(1) Only as Accessory to Gas/Convenience Store Establishment _...---.-_- (2) (2300 seats; 45' Steeple/Tower feature; ancillary uses such as church related . --- i ---------- ... i _ --------- .-------- _. _ _ .._ J ( offices, religious/book store; daycare facility and recreational building) 1 I Development Standards SETBACK/LANDSCAPE Lot #/Tract Acreage Use FAR I Max. Impervious Open space Max.Height Max. Sq. Ft./Other Use Ownership & Maintenance Entity Maximum ADT Max. PM Peak Hour Trips Road Abutting Lot/Tract Internal Drive 1 1.16 Commercial ** 0.20 80% 20% 45 Feet 9,900.00 SHW, LLC Lots 1 through 7 ADT= 7,665 Lots 1 through 7 PM Peak = 708 25/15 1015 10110 2 1.14 Commercial ** 0.20 80% 20% 45 Feet 9,900.00 SHW, LLC 25/15 1015 10110 3 1.26 Commercial ** 0.18 80% 20% 45 Feet 9,900.00 SHW, LLC 25/15 10110 10110 4 1.33 Commercial ** 0.17 80% 20% 45 Feet 9,900.00 SHW LLC 25/15 N/A 10110 5 1.20 Commercial ** 0.18 80% 20% 45 Feet 9,900.00 SHW LLC 25/15 10110 N/A 6 8.83 Commercial ** 0.16 80% 20% 45 Feet 65,500.00 SHW, LLC 25115 1010 N/A 7 1.00 Commercial ** 0.11 80% 20% 45 Feet 5,000.00 SHW, LLC 25/15 10110 N/A 8 11.73 Public Facilities/institutional 0.10 70% 30% 45 Feet Church with 2,300 Seat Auditorium, Day Care Center and Recreational Building Living Waters Church Ocoee, Inc. ADT = 519 PM Peak=38 25115 10110 WORY, 1010 All Others N/A Tract A 3.86 Wetland/Conservation N/A N/A City of Ocoee Tract Al 0.44 25' Buffer Along Wetland N/A N/A City of Ocoee Tract A2 0.43 25' Buffer Along Wetland N/A N/A City of Ocoee Tract B 3.44 Retention FOR LOTS 1-7 N/A N/A SHW, LLC Tract C-1 0.98 Additional R/W West Rd. N/A I N/A Orange County * Tract G2 2.68 Additional R/W West Rd. N/A N/A Orange County * Tract C-3 0.18 Additional R/W West Road. N/A NIA Orange County * Tract D 0.48 Additional R/W Ocoee Apopka Rd. N/A N/A City of Ocoee Road A 0.99 Access Road R/W N/A City of Ocoee Tract F 0.80 Water Feature N/A SHW, LLC Tract G 1.101 Public Trail City of Ocoee TOTAL 1 43.03 1 80% 20% * ROW AREA TO BE CONVEYED IN ACCORDANCE WITH WEST ROAD REALIGNMENT AGREEMENT ** SEE THE PERMITTED USES MATRIX FOR SPECIFIC PERMITTED USES Parking Summary Chart Size Spaces Description Required Provided equ R it ed Provided STANDARD SPACES 10' X 20' 10' X 20' 320 319 STANDARD ACCESSIBLE SPACES * 13' X 20 17' X 20 6 7 VAN ACCESSIBLE SPACES 16' X 20' 17' X 20' J 2 2 TOTAL SPACES 328 328 LOADING BAYS ** 12 X 25 12 X 50 2 2 * ADA/STATE/LOCAL REQUIREMENTS 301— 400 SPACES = 8 ACCESSIBLE SPACES REQUIRED **LOADING BAYS: ONE BAY PER 25000 SF Parking Requirements: RETAIL 26,100 SF x 1 SPACES/200 SF = 131 GROCERY 39,393 SF x 1 SPACES/200 SF = 197 TOTAL PARKING REQUIRED = 328 Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 3 Revised As Per City Comments 11/15/06 QRevised As Per City Comments 10/26/06 1 Revised As Per City Comments 09/01 /06 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by MT Approved by JRB Scale 1 "=150' Date March 03, 2005 Nroject title FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title Lot Matrix & Parking Summary Drawing Number C - 10 Sheet of Project Number 60929.00 60929 SITE PLAN ALT 8.DWG F': \bU929.UU\cad\Id\Hlanset\F'UU\bU929 Site Hlan.dwg 71/2'1 T-7 a FOOD & P zal�U4 TE -�I`IT TEhTAhTT TE_,T \1\Tr TEI1TA TF A PAINT - OFF WHITE SEA SHELL - BM C-120 B PAINT - DARK TAN JACKSON TAN - B HC-46 C PAINT - WHITE BRILLIANT WHITE - BM EXT.RM 5U13JECT TO THE FINAL REVIEW / APPROVAL AND PERMITTING BY THE CITY OF OCOEE FOUNTAINS WEST - 03055 - 9l29/05 71/2'I. SYNTHETIC FIN15H ON FOAM BAND OVER METAL CABINET W/ FINISH COLOR AND TEXTURE TO MATCH BUILDING T-7 7 C C SYNTHETIC FINISH ON FOAM BAND OVER METAL CABINET W/ FINISH COLOR AND TEXTURE TO MATCH BUILDING B SIGN CABINET W/ ROUTED ALUMINUM PANEL AND SYNTHETIC FINISH, HIGH OUTPUT FLUORESCENT LAMPS AND IMPACT RESISTANT ACRYLIC SIGN FACE WITH 3M fLAMP5 5LUOCENT VINYL B A CABINET W/ HIGH OUTPUT FLUORESCEN AND IMPACT KE515TANT ACRYLIC FACE WITH 3M TKANSLU5CENT VINYL HETIC FIN15H OVER METAL CABINET LOR AND TEXTURE TO MATCH BUILDING C SYNTHETIC FIN15H OVER METAL CABINET - TEXTURE AND COLOR TO MATCH BUILDING WEST ROAD 5H01'PIN6 CENTER DRIVEWAY ENTRY ■■LzLZ11MI■IzMIlM■ ■■■■E■■EQE■■ SYNTHETIC FINISH ON FOAM BAND OVER METAL CABINET W/ FINISH COLOR AND TEXTURE TO MATCH BUILDING 0" 1 1'-7" 1 711/2" IL$Tnm1.V'SteIF13 ClIamirelk SYNTHETIC FINISH ON FOAM BAND OVER METAL CABINET W/ FINISH COLOR AND TEXTURE TO MATCH BUILDING B SIGN CABINET W/ ROUTED ALUMINUM PANEL AND SYNTHETIC FINISH, HIGH OUTPUT FLUORESCENT LAMPS AND IMPACT KEC710TANT ACRYLIC SIGN FACE WITH 3M TRANSLUSCENT VINYL B A 51GN CABINET W/ HIGH OUTPUT FLUORESCEN LAMPS AND IMPACT RESISTANT ACRYLIC SIGN FACE WITH 3M TKAN5LU5CENT VINYL SYNTHETIC FINISH OVER METAL CABINET W/ COLOR AND TEXTURE TO MATCH BUILDING C SYNTHETIC FINISH OVER METAL CABINET - TEXTURE AND COLORTO MATCH BUILDING A PAINT - OFF WHITE SEA SHELL - BM C-120 OCOEE APOPKA NORTH B PAINT - DARK TAN JACK50N TAN - B HC-46 DRIVEWAY ENTRY 5ECON DARY C PAINT - WHITE BRILLIANT WHITE - BM EXT.KM CHURCH I D 51GN 5UBJECT TO THE FINAL REVIEW / APPROVAL AND PERMITTING BY THE CITY OF OCOEE FOUNTAINS WEST - 03055 - 9l29/05 -------------------------�-- A PAINT - OFF WHITE 5EA SHELL - BM OC-120 B PAINT - DARK TAN JACKSON TAN - BM HC-46 C PAINT - WHITE BRILLIANT WHITE - BM EXT.KM /�PRED�00UTPAR L51 SUBJECT TO THE FINAL REVIEW / APPROVAL AND PERMITTING BY THE CITY OF OCOEE FOUNTAINS WEST - 03055 - 9/29/05 7 5YNTHETIC FINISH ON FOAM 13AND OVER METAL CABINET W/ FIN15H COLOR AND TEXTURE TO MATCH BUILDING —C SIGN CABINET W/ HIGH OUTPUT FLUORESCENT LAMPS AND IMPACT RESISTANT ACRYLIC SIGN FACE WITH 3M TRAN5LU5CENT VINYL SYNTHETIC FIN15H OVER METAL CABINET - TEXTURE AND COLOR TO MATCH BUILDING OUTPARCEL5 #3, #4, #5 & #7 J ELEVATION 1/411=-- V -0 13'rO" �.itl"l'ti c� 1R A PAINT - OFF WHITE SEA SHELL - f3h I OC-120 B PAINT - DARK TAN JACKSON TAN - 3M HC-46 C PAINT - WHITE BRILLIANT WHI - BM EXT.RM SUBJECT TO THE FINAL REVIEW / APPROVAL AND PERMITTING DY THE CITY OF OCOEE FOUNTAINS WEST - 03055 - 9-5-06 SYNTHETIC FIN15H ON FOAM BAND OVER METAL CABINET W/ FINISH COLOR AND TEXTURE TO MATCH BUILDING SYNTHETIC FINISH ON FOAM BAND OVER METAL CABINET W/ FINISH COLOR AND TEXTURE TO MATCH BUILDING SIGN CABINET W/ ROUTED ALUMINUM PANEL AND SYNTHETIC FINISH, HIGH OUTPUT FLUORESCENT LAMPS AND IMPACT RESISTANT ACRYLIC SIGN FACE WITH 3M TRAN5LU5CENT VINYL 0 WEST ROAD FULL TURN MAIN ENTRY SYNTHETIC FINISH ON FOAM BAND OVER METAL CABINET W/ FIN15H COLOR AND TEXTURE TO MATCH BUILDING 10 -0 1. ( I : I . .III. SIGN CABINET W/ HIGH OUTPUT FLUORESCENT LAMPS AND IMPACT RESISTANT ACRYLIC SIGN FACE WITH 3M TRAN5LUSCENT VINYL —C SYNTHETIC FINISH OVER METAL CABINET - TEXTURE AND COLOR TO MATCH BUILDING A PAINT -OFF WHITE SEA SHELL - BM OC-120 OUT1�Af�CEL #1 & #2 B PAWT - DARK TAN JACK50N TAN - BM HC-46 C PAINT - WHITE BRILLIANT WHITE - BM EXT.RM 5 H ARE D 4 PROP05ED OUTPARCEL 51GN ELEVATION SUBJECT TO THE FINAL REVIEW /APPROVAL AND PERMITTING D1 /4i ^ 1' D" BY THE CITY OF OCOEE 4 FOUNTAINS WE6T - 03055 - 9/29/05 Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-839-4006 0 FAX 407-839-4008 EB-3932 Revised As Per City Comments 10/20/06 No. Revision Date Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked by M T Approved by JRB Scale N/A Date March 03, 2005 rroject ime FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title Sign Details Drawing Number C-11 Sheet of ' ( ' Project Number 60929.00 60929 SITE PLAN.DWG I': \bUY29.UU\Cad\Id\h'lonset\HUU\bUY2Y Site h'lan.dwg 5' LINE 28' --0' 3 LOT LUMINAIRE. QUANTITY AS SCHEDULED RECEPTACLE TO BE MOUN TED ON THE SITE 8' 1 A G O F PROVIDE E WP COVER R TO ALLOW COR D I FUL L WP PROTE CTION. RECEPTACLE TO BE s ONAL DISPLAY LIGHTING. STRAIGHT STEEL POLE BLACK POWDER COATED. ACCESS HOLE WITH COVER AND GROUND LUG BEHIND COVER. BASE COVER 1" CONDUIT i" BOLT (TYP- OF 2) 3 4" CHAMFER T rn. u 1t It 11 I! It I II III II I II it II ll li t1 GRADE 28 <r II ii t ALL SITE CONDUITS TO BE SCHEDULE 40 PVC BURIED A MINIMIUM OF 18" It COORDINATE 801_T PATTERN WITH PROVIDED SITE POLE. 10" sa BOLT CIRCL E r- i CAGE _-" W.W. -MESH 3X3 W5/W5 3/4" CONDUIT WITH #6 STRANDED CU GROUND TO BURIED 10' LONG GROUND ROD. ALL CONNECTIONS & SPLICES ARE TO BE MADE W% U.L. LISTED DEVICES. •r) DETAIL 1!7N0 SCALE NOTE POLE MANUFACTURER TO PROVIDE SIGNED AND SEALED WIND LOADING AND BURIAL CALCULATIONS FOR SUBMITTAL. ter FRONT ELEVATION 030=_ .• COLOR rL 02 •4 17.13E 3'l-Oi : 4 f1.05 ISO U.T L4, N, S N=1t:tra• ii'iHsttt..k7.-i 1 .�i%11 i .IAA....))" 3a SE 4 th Stmm ksnca )iztnn. FJ.A34�2 1.5:t ah3 �,,<tl•4tIS-61-"'�tt:2'lF but ............... ............ .... Lil :'cn:Z •t _ -117 i 7 .....................::�. .LCJ DIMENSIONS ARM MOUNT POLE TOP MOUNT =1 6 ®� B C 1!7_9 A B C EPA FVM 215/8' 123/4' 2115/16' 2.8 FVR 215/8' 16' 25° 3.5 MOUNTING BRACKETS POLE TOP MOUNT BOLT ON ARM 9) D VERTICAL MA M P/FLAT.GLASS iLENS .. L SPECIFICATIONS HOUSING The FV Series formed aluminum housing is finished to produce a clean, sharp appearance and ensures weather -tight construction. Available in 2 sizes: Medium (reduced envelope 400 Watt Lamp) and Reduced (reduced envelope 1000 Watt Lamp). LENS/GASKET A flat tempered glass lens is sealed to the housing with an EPDM gasket, preventing entry of moisture and insects. Combined with the vertical burn feature, the flat glass lens provides high performance lighting. Approved By: WLS LIGHTING SYSTEMS Project Name: MANUFACTURING SINCE 1969 Location: P.O. Box 100519 s Fort Worth, TX 76185 Date: 800.633.8711 : Fax: 817.735.4824 s www.wlslighting.com .::.:... .............: ......... ; ,.::...: ORDERING :A INFORMATION O SELECT APPROPRIATE P ATE CHOICE FROM EACH COLUMN _ _ T FO RMULATE ORMULATE ORDER D R R CODE. Refer to example 1 P below LtJ Ntt - _ GA' F=' :�._.._M LIG ..._......:-.__.._....:::::_:•::- ... w.- ...............: - PREFIX:=::-:::DISiR1BUE --- - - ON . ......... T GE::SOIJ1tCEi€;' 1, °sFI TS N It Oi'TIONSci FVM 2 - Type II 25OW PSMH - Pulse -Start FG - Flat Glass 480V BR2 - Bronze ILL - Less 3 - Type III 320W Metal Halide MT - Multi TaO BILK - Black Lamp FP -Perimeter 400W 250,320 Watt TT - Tri Tap2 PLT -Platinum GS -Glare Forward HIPS - High Pressure Shield Throw Sodium BUF -Buff 8BK - IT'Bracket 5 - Type V yP 250,400 Watt WHIT - White RPP - Round MHR - Metal Halide GRN - Green Pole Plate Reduced Envelope CC - Custom BKT-WM - Wall 400 Watt Color Mount Plate MH - Metal Halide PT - Pole Top 250 Watt SF - Single Fusing FVR 2 - Type II 40OW MHR - Metal Halide DF - Double 3 - Type III 75OW Reduced Fusing FP - Perimeter 100OW Envelope 1000 Watt AS - Accent Forward Striping Throw PSMH - Pulse -Start Metal Halide PC -Photo Cell 5 - Type V HPS - High Pressure NO - No Options AF - Automotive Sodiuml Forward FVR 5 1000 MHR (EXAMPLE ORDER) ORDER: wl_S NOTE: I Voltage for75OW High Pressure Sodium must be specified. 2 Consult factory for international voltages. (120, 277.347 Voltage) 3 MT -Multi Tap Is shipped standard unless otherwise specified. (Multi Tap consists of 120% 208V, 24OV, and 277V. Multi Tap Is pre -wired for highest voltage Alternate voltages will require field re -wiring ) Approved By: Project Name: Location: Date: FIG MT BRZ NO WLS L16HTIN6 SYSTEMS MANUFACTURING SINCE 1969 P.O. Box 200519 9 Fort Worth, TX 76185 800.633.8711 t Fax: 817.735 4824 r www..wislighting.com Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 West Central Blvd., Suite 800 Orlando, Florida 32801 407-8394006 0 FAX 407-839-4008 EB-3932 1 Revised As Per City Comments 10/20/06 No. Revision Dote Appvd. Designed by ML Drawn by ML Checked by RAB CAD checked b y MT roved b A PP y JRB Scale N/A Date March 03 2005 rro1 ect title FOUNTAINS WEST OCOEE APOPKA ROAD Ocoee, Florida Issued for Planned Unit Development Not Approved for Construction Drawing Title Lighting Details & Conceptual Building Elevation Drawing Number C-12 Sheet of N M 0 Project _... ....... Z W M 60929.00ber 60929 SITE PLAN.DWG LEGAL DESCRPTION, CHURCH PARCEL THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING EAST OF THE CENTERLINE OF OCOEE-APOPKA ROAD AS CENTERLINE IS NOW LAID OUT AND EXISTS, LYING NORTH AND WEST OF THE FOLLOWING DESCRIBED LINE: FROM THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; RUN SOUTH 87° 35'43" WEST 1275.40 FEET TO A POINT, SAID POINT BEING NORTH 87°35'43" EAST 1205.41 FEET FROM A 4"X4" CONCRETE MONUMENT; THENCE RUN NORTH 04°16'46" WEST 53.83 FEET SAID POINT BEING NORTH 87°35'43" EAST 1205.41 FEET FROM A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE CONTINUE NORTH 04° 16'46" WEST 451.57 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819", THENCE RUN SOUTH 82°36'53" WEST 886.98 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819 THENCE RUN NORTH 86°44'52" WEST 522.64 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE CONTINUE NORTH 86°4452" WEST 65.50 FEET FOR THE POINT OF BEGINNING, AND SAID POINT OF BEGINNING BEING A POINT ON THE CENTERLINE OF OCOEE-APOPKA ROAD AS SAID CENTERLINE IS CURRENTLY LAID OUT AND EXISTING; THENCE RUN SOUTH 86°44'52" EAST 65.60 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE CONTINUE SOUTH 86°44'52" EAST 522.64 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE RUN NORTH 82°36'53" EAST 836.98 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE RUN NORTH 04°16'46" WEST 585.07 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE CONTINUE NORTH 04°16'46" WEST 160.00 FEET, MORE OR LESS, TO A POINT ON THE NORTH BOUNDARY OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 6, SAID POINT BEING THE POINT OF TERMINATION OF THE AFORESAID LINE. LESS RIGHT OF WAY FOR OCOEE-APOPKA ROAD ON THE WEST. SAID LANDS CONTAINING 21.44 ACRES AS SURVEYED. LEGAL DESCRPTION, KERR PARCEL THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LYING EAST OF THE CENTERLINE OF OCOEE-APOPKA ROAD AS CENTERLINE IS NOW LAID OUT AND EXISTS, LYING SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: FROM THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; RUN SOUTH 87° 35'43" WEST 1275.49 FEET FOR THE POINT OF BEGINNING; SAID POINT BEING NORTH 87°35'43" EAST 1205.41 FEET FROM A 4"X4" CONCRETE MONUMENT; THENCE RUN NORTH 04'16'46" WEST 53.83 FEET SAID POINT BEING NORTH 87°35'43' EAST 1205.41 FEET FROM A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE CONTINUE NORTH 04° 16'46" WEST 451.57 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819", THENCE RUN SOUTH 82°36'53" WEST 886.98 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE RUN NORTH 86°44'52" WEST 522.64 FEET TO A 4"X4" CONCRETE MONUMENT WITH A DISK STAMPED "RLS 1585 AND RLS 1819"; THENCE CONTINUE NORTH 86°44'52" WEST 65.50FEET TO A POINT ON THE CENTERLINE OF OCOEE-APOPKA ROAD AS SAID CENTERLINE IS CURRENTLY LAID OUT AND EXISTS, SAID. POINT BEING THE TERMINATION OF THE AFORESAID DESCRIBED LINE. LESS RIGHT OF WAY FOR OCOEE-APOPKA ROAD ON THE WEST. SAID LANDS CONTAINING 14.20 ACRES AS SURVEYED. LEGAL DESCRPTION, W.O.R.Y. PARCEL A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NNORTHEAST CORNER OF SAID SECTION 6; THENCE RUN NORTH 04°07'26" EAST ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 6 A DISTANCE OF 30.26 FEET; THENCE DEPARTING SAID EAST LINE RUN SOUTH 86° 38' 31" WEST A DISTANCE OF 455.75 FEET; THENCE RUN NORTH 05° 28' 45" west A DISTANCE OF 20.01 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST ROAD AS SHOWN ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320-6460-602/603; SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 05° 28' 45" WEST, A DISTANCE OF 1172.11 FEET; THENCE RUN SOUTH 87° 56' 45" WEST, A DISTANCE OF 820.36 FEET; THENCE RUN SOUTH 05° 13' 58" EAST, A DISTANCE OF 1170.60 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WEST ROAD AS SHOWN ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NUMBER 75320-6460-602/603; THENCE RUN ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING THREE COURSES AND DISTANCES: (1) NORTH 86° 38' 31" EAST, A DISTANCE OF 240.88 FEET; (2) SOUTH 77° 11' 15" EAST, A DISTANCE OF 71.81 FEET; (3) NORTH 86° 38' 31" EAST, A DISTANCE OF 515.38 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 22.15 ACRES AS SURVEYED. NOTES: 1. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THE LAND DESCRIPTION HEREON WAS PROVIDED BY THE CLIENT. 3. WETLAND LINES AS SHOWN HEREON ARE BASED ON FIELD MARKINGS BY VANASSE HANGEN BRUSTLIN, INC. 4. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE CORRECT AND IN AGREEMENT WITH THE FOUND AND SET MONUMENTS AS MEASURED IN THE FIELD UNLESS OTHERWISE NOTED. 5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF TITLE, NO INSTRUMENTS OF RECORD WERE FURNISHED TO THIS SURVEYOR EXCEPT AS NOTED. THERE MAY BE ADDITIONAL EASEMENTS OR INSTRUMENTS OF RECORD NOT SHOWN ON THIS SURVEY THAT CAN BE FOUND IN THE PUBLIC RECORDS OF ORANGE COUNTY. 6. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 22 SOUTH, RANGE 28 EAST, BEING SOUTH 87-56'46" WEST, PER ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. 7. NO UNDERGROUND UTILITIES, FOUNDATIONS, OR IMPROVEMENTS, IF ANY, HAVE BEEN LOCATED EXCEPT AS SHOWN. 8. THE BOUNDARY AND OWNERSHIP OF THE PARCELS DEPICTED HEREON IS BASED ON LAST DEEDS OF RECORD AS RESEARCHED BY VHB AND ON THE ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY RIGHT OF WAY MAP, PROJECT NO. 75320-6460-602/603. ADDITIONAL INFORMATION AFFECTING THESE PROPERTIES MAY BE FOUND BY A SEARCH OF THE PUBLIC RECORDS. CERTIFICATION: I HEREBY STATE THAT THIS BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD UNDER MY DIRECTION IN MAY, 2004, AND THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR FLORIDA SURVEYORS AND MAPPERS, AS SET FORTH IN CHAPTER 61G-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. For the firm by, Brian K. Hefner, P.S.M. Professional Surveyor and Mapper Florida License No. 5370 Vanasse Hangen, Brustlin, Inc. Transportation Land Development Environmental Services 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 • FAX 407 839 4008 Licensed Survey Business LB7153 Legend & Abbreviations OD DRAIN MANHOLE FIRE HYDRANT ® CATCH BASIN -a- STREET SIGN Os SEWER MANHOLE LIGHT POLE OE ELECTRIC MANHOLE c-0, UTILITY POLE OT TELEPHONE MANHOLE U- GUY POLE O MANHOLE GUY WIRE MW El FOUND 4"X4" C.M. Q MONITORING WELL SET 5/8" IRON & CAP GV "LB 7153" GAS VALVE wv N WATER VALVE P.R.M. = PERMANENT REFERENCE MONUMENT P.O.C. = POINT ON CURVE P.C. = POINT OF CURVATURE P.R.C. = POINT OF REVERSE CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE P.T. = POINT OF TANGENCY P.I. = POINT OF INTERSECTION P.C.P. = PERMANENT CONTROL POINT P.O.L. = POINT ON LINE C.B. = CHORD BEARING C.M. = CONCRETE MONUMENT P.B. = PLAT BOOK PG. = PAGE R = RADIUS L = ARC LENGTH A = CENTRAL ANGLE R/W = RIGHT-OF-WAY W- = WATER LINE U.E. = UTILITY EASEMENT D.E. = DRAINAGE EASEMENT CONC. = CONCRETE CATV = CABLE TELEVISION TELE = TELEPHONE (M) = MEASURED (D) = DEED O.R. = OFFICIAL RECORDS BOOK FH = FIRE HYDRANT N&D = NAIL AND DISC IR = IRON ROD IP = IRON PIPE EL. = ELEVATION P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING rYYY_� = TREE LINE 3 ADDED WETLAND 8/15/05 BKH 2 ADDED TOPO 10/25/04 BKH 1 ADD PROPOSED RIGHT OF WAY 05/13/04 BKH No. Revision Date Appvd. Field By Drawn by BKH Checked by CAD checked by Approved by Scale 1"=100' Date 05/04/04 Project Title r WO OCOEE, FLORIDA Issued for HALVORSEN DEVELOPMENT Drawing Title BOUNDARY AND TOPOGRAPHIC SURVEY FOR THE PARENT PARCEL!! Drawing Number SV_1 Sheet of 1 2 Project Number 60929.00 P:\60929.00\cad\sr\planset\60929-bndy.dwg .. 0 100 200 SCALE IN FEET Vanasse Hangen Brustlin, Inc. Transportation Land Development Environmental Services 135 W. Central Blvd., Suite 800 Orlando, FL 32801 407 839 4006 - FAX 407 839 4008 Licensed Survey Business LB7153 Legend & Abbreviations OO DRAIN MANHOLE ® CATCH BASIN Os SEWER MANHOLE O ELECTRIC MANHOLE OT TELEPHONE MANHOLE O MANHOLE El FOUND 4"X4" C.M. SET 5/8" IRON & CAP "LB 7153" WV N WATER VALVE FIRE HYDRANT —a— STREET SIGN LIGHT POLE � UTILITY POLE O- GUY POLE w GUY WIRE Q MONITORING WELL GV N GAS VALVE P.R.M. = PERMANENT REFERENCE MONUMENT P.O.C. = POINT ON CURVE P.C. = POINT OF CURVATURE P.R.C. = POINT OF REVERSE CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE P.T. = POINT OF TANGENCY P.I. = POINT OF INTERSECTION P.C.P. = PERMANENT CONTROL POINT P.O.L. = POINT ON LINE C.B. = CHORD BEARING C.M. = CONCRETE MONUMENT P.B. = PLAT BOOK PG. = PAGE R = RADIUS L = ARC LENGTH ,�s = CENTRAL ANGLE R/W = RIGHT—OF—WAY —W— = WATER LINE U.E. = UTILITY EASEMENT D.E. = DRAINAGE EASEMENT CONC. = CONCRETE CATV = CABLE TELEVISION TELE = TELEPHONE (M) = MEASURED (D) = DEED O.R. = OFFICIAL RECORDS BOOK FH = FIRE HYDRANT N&D = NAIL AND DISC IR = IRON ROD IP = IRON PIPE EL. = ELEVATION P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING rYYYi = TREE LINE 3 ADDED WETLAND 08/15/O5 BKH 2 ADDED TOPO 10/25/04 BKH 1 ADD PROPOSED RIGHT OF WAY 05/13/04 BKH No. Revision Date Appvd. Field By Rj Drawn by BKHI Checked by CAD checked by Approved by Scale 1It=100 Dote 05/04/04 rroject iitie OCOEE, FLORIDA Issued for HALVORSEN DEVELOPMENT Drawing Title BOUNDARY TOPOGRAPHIC SURVEY FOR THE PARENT PARCEL�*, Drawing Number SV-2 Sheet of 2 2 Project Number 60929.00 P:\60929.00\cad\sr\planset\60929-bndy.dwg