HomeMy WebLinkAboutItem III (G) Approval and Authorization for Mayor and City Clerk to Execute Second Developer Agreement for Westridge PUD I ..
AGENDA 9/7/93
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Item III G
FOLEY & LARDNER
` III NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE. FLORIDA WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Paul E. Rosenthal, Esq. , City Attorney/Ul
DATE: August 18, 1993
RE: Second Developer Agreement for Westridge PUD
On April 12 , 1992 the City Commission adopted Ordinance
No. 92-07 approving a Revised Land Use Plan for the Westridge PUD
(the "RLUP") . The City Code requires that a Developer Agreement be
entered into which incorporates the Conditions of Approval with
respect to the RLUP.
At the time of approval of the RLUP and the Ordinance, the
subject property was owned by Patrick T. Christiansen, Trustee.
Subsequent thereto the mortgage holder took title and the subject
property is now owned by Jack Schiffman. For over a year, the City
has been unsuccessfully attempting to obtain execution of the
Second Developer Agreement. We have now obtained such execution by
Mr. Schiffman.
The proposed Second Developer Agreement for Westridge PUD
incorporates the Conditions of Approval for the RLUP and does not
in any way provide any new approvals. The approval and recording
of the Second Developer Agreement will assure that any subsequent
purchasers are subject to the Second Developer Agreement.
RECOMMENDATION:
It respectfully is recommended that the Mayor and City
Commissioners approve the Second Developer Agreement between Jack
Schiffman and the City of Ocoee, authorizing execution thereof by
the Mayor and City Clerk.
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LOWNDES, DROSDICK, DOSTER, KANTOR & REED
PROFESSIONAL ASSOCIATION
ERNEST R. DROSDICK (1936.1982) ATTORNEYS AT LAW MICHAEL RYAN
MARGARET H. SCHREIBER
JAMES BALLETTA CLEATOUS J. SIMMONS
WILLIAM A. BECKETT GARY R. SOLES
WILLIAM R. BIRD, JR. 215 NORTH EOLA DRIVE JAMES M. SP00NHOUR
MATTHEW G. BRENNER SCOTT C. THCMPSON
DALE A. BURKET POST OFFICE BOX 2809 JULIAN E. WHITEHURST
JANET M. COURTNEY JON C. YERGLER
WILLIAM E. DOSTER ORLANDO, FLORIDA 32802-2809 TERRY C. YOUNG
STEPHEN D. OUNEGAN
WILLIAM T. DYMOND, JR. CHARLES C. CARRINGTON
RICHARDS CASEY M.TELEPHONE 407 843-4600 W. TERRY COYTOLOGH
THOMAS E.. FRANCISFILD
JULIA L. FREY D. PAUL DIETRICH, II
LOUIS FREY, JR. TELECOPI ER (407) 423-4495 KEVIN P. FINER AARON J. GOROVITZ TERESA B.. FINER
JAMES F. HEEKIN, JR. DARRELL D. GARVEY
ROBERT F. HIGGINS VERN ETTA L. GILL
LORAN A. JOHNSON BARRY L. GOFF
GARY M. KALEITA JAMES J. HOCTOR
HAL H. KANTOR RICHARD A. K.:LLER
JAMES G. KATTELMANN July 27, 1993 JOSEPH G. KERN
JOSEPH A. LANE PETER L. LOPEZ
R. KIMBARK LEE JACINTA M. MATHIS
JOHN F. LOWNDES DANIEL F. McINTOSH
TIMOTHY J. MANOR DONALD A. MV ERS, JR.
LINDA C. McALLISTER SAMUEL M. NELSON
H. GREGORY McNEILL T. TODD PITTENGER
DAVID E. PETERSON PATRICK K. RINKA
NICHOLAS A. POPE MARK D. SCIMECA
SHAWN G. RADER PATRICIA R. SIGMAN
MOREY RAISKIN WENDY L. SPI LER
JOHN A. REED, JR. JAMES S. TOS:ANO
DAVID G. WILL FORD
Ocoee City Commission
150 North Lakeshore Drive
Ocoee, Florida 34761
Re: Second Developer Agreement (Westridge PUD) - City
of Ocoee
Gentlemen:
This letter is written in connection with the execution by and
between the City of Ocoee (the "City" ) and Jack Schiffman
( "Schiffman" ) of that certain Second Developer Agreement (Westridge
PUD) (the "Agreement" ) affecting certain real property described on
Exhibit "A" attached hereto and located in Orange County, Florida
(the "Real Property" ) . Please be advised that we have had the
Public Records of Orange County, Florida examined with respect to
the Real Property, and we herein wish to advise you that the fee
simple title to the Real Property is vested in Jack Schiffman.
As of July 1, 1993 at 5:00 P.M. , the Real Property is not
subject to any mortgages or liens except for delinquent ad valorem
real property taxes for the years 1991, 1992, and 1993.
This letter is written in connection with the limited purpose
of the execution of the Agreement by and between the City and
Schiffman. By way of this letter, this law firm renders no opinion
with respect to matters outside the scope of said Agreement.
Very truly yours,
LOWNDES, DROSDICK, DOSTER, KANTOR &
REED, PROFESSIONAL ASSOCIATION
By:
Aaron J. Gorovitz
43019\LESSAM
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH 1/2 OF THE S W 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS THE WEST 4000 FEET FOR
ROAD;
SUBJECT TO A UTILITY EASEMENT DESCRIBED AS FOLLOWS:
A 30.00 foot and 60.00 foot Easement described as:
That part of the N 1/2 of the SW 1/4 and SW five acres of the SW
1/4 of the NW 1/4, less road rights-of-way, lying and being in
Section 32, Township 22 South, Range 28 East, described as follows:
From the West 1/4 corner of Section 32, Township 22 South, Range 28
East, Orange County, Florida, run thence N 00 Deg. 20' 48"W along
the West line of the Northwest 1/4 of said Section 32 a distance of
167.60 feet to the beginning of a 30.00 foot right-of-way and to
the North line of the South five acres of the Southwest 1/4 of the
Northwest 1/4 of said Section 32 and for a Point of Beginning;
thence along said North line N 89 Deg. 55' 22" E a distance of
1142.97 feet to a point of termination of the 30.00 foot right-of-
way and beginning of the 60.00 foot right-of-way; thence S 55 Deg.
34' 38" E a distance of 217.03 feet to the East line of the
Southwest 1/4 of the Northwest 1/4 of said Section 32; thence S 00
Deg. 20' 49" E a distance of 44.55 feet to the Northeast corner of
the Northwest 1/4 of the Southwest 1/4 of said Section 32 and to a
point of termination of the 60.00 foot right-of-way and beginning
of the 30.00 foot right-of-way; thence N 89 Deg. 55' 03" E a
distance of 1321.25 feet to the Northeast corner of the Southwest
1/4 of said Section 32; thence S 00 Deg. 20' 49" E along the East
line of said Southwest 1/4 a distance of 30.00 feet; thence S 89
Deg. 55' 03" W a distance of 1319.06 feet as to a point of
termination of the 30.00 foot right-of-way and beginning of the
60.00 foot right-of-way; thence N 55 Deg. 34' 38" W a distance of
295.69 feet to a point of termination of the 60.00 foot right-of-
way and beginning of the 30.00 foot right-of-way; thence S 89 Deg.
55' 22" W a distance of 1080.54 feet to the West line of the
Northwest 1/4 of said Section 32; thence N 00 Deg. 20' 48" W a
distance of 30.00 feet to the Point of Beginning. Contains 88,289
square feet or 2.027 acres, more or less.
ALSO:
All those portions of the West 45.00 feet of the Northwest Quarter
of the Southwest Quarter, and of the West 45.00 feet of the South
five acres of the Southwest Quarter of the Northwest Quarter of
Section 32, Township 22 South, Range 28 East, in the County of
Orange, State of Florida, lying between the South line of the North
30.00 feet of said South five acres of the Southwest Quarter of the
Northwest Quarter, and the South line of the North 50.00 feet of
said Northwest Quarter of the Southwest Quarter.
. THE SUBJECT PROPERTY BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE
AT THE WEST 1/4 CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°56'23"E. FOR 40.00
FEET TO THE POINT OF BEGINNING; THENCE RUN S.0°21'25"E. PARALLEL
WITH THE WEST LINE OF THE S.W. 1/4 OF SAID SECTION 32 FOR 330.64
FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE S.W. 1/4 OF SAID
SECTION 32; THENCE RUN N.89°48'41"E. FOR 2602.13 FEET TO THE S.E.
CORNER OF THE NORTH 1/2 OF THE S.W. 1/4 OF SAID SECTION 32; THENCE
RUN N.0°20'09"W. FOR 1324.81 FEET TO THE N.E. CORNER OF THE S.W.
1/4 OF SAID SECTION 32; THENCE RUN S.89°56'23"W. FOR 2602.64 FEET
TO THE POINT OR BEGINNING. CONTAINING 79.321 ACRES MORE OR LESS.
42700\TEMP1
SECOND DEVELOPER AGREEMENT
(WESTRIDGE PUD)
THIS SECOND DEVELOPER AGREEMENT ("this Agreement or "the
Second Developer Agreement") is made and entered into as of the
day of , 1993 by and between JACK SCHIFFMAN
(hereinafter referred to as "Developer") and the CITY OF OCOEE, a
Florida municipal corporation (hereinafter referred to as the
"City") .
WITNESSET H:
WHEREAS, the Developer owns fee simple title to certain
lands located in Orange County, Florida, said lands being more
particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof (hereinafter referred to as the
"Land") ; and
WHEREAS, the Land lies within the city limits of the City
of Ocoee, Florida; and
WHEREAS, pursuant to the application of the Developer's
predecessor-in-interest, the City on April 21, 1992 adopted City of
Ocoee Ordinance No. 92-07 approving a Revised Land Use Plan for
Westridge PUD; and
WHEREAS, the Developer and the City desire to execute
this Second Developer Agreement in order to fully comply with the
requirements of Ordinance No. 92-07 and the City of Ocoee Land
Development Code.
NOW, THEREFORE, in consideration of the premises and
other good and valuable considerations exchanged between the
parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER
111 N. Orange Avenue, Suite 1800
P.O. Box 2193
Orlando, FL 32802-2193
(407) 423-7656
Section 1. Recitals. The above recitals are true and
correct and are incorporated herein by reference.
Section 2. Development of the Land.
A. The Developer agrees to develop the Land in
accordance with City of Ocoee Ordinance No. 92-07, adopted by the
Ocoee City Commission on April 21, 1992, including that certain
Revised Land Use Plan for the Westridge PUD, dated December 4,
1991, as revised through January 17, 1992, and as further revised
by the Developer on April 21, 1992, all as prepared by
Environmental Planning and Design ("the RLUP") , said Ordinance and
RLUP being incorporated herein by reference as if fully set forth
herein.
B. The Developer hereby agrees that the Land shall be
developed in accordance with and is made subject to those certain
Conditions of Approval attached hereto as Exhibit "B" and by this
reference made a part hereof ("the Conditions of Approval") , said
Conditions of Approval including those additional conditions
voluntarily agreed to by the Developer's predecessor-in-interest
prior to the adoption of Ordinance No. 92-07.
C. Except as otherwise expressly set forth in this
Agreement or City of Ocoee Ordinance No. 92-07, the Developer shall
comply with the zoning and subdivision regulations of the City of
Ocoee as they may from time to time be amended. In the event of
any conflict between the zoning and subdivision regulations and
this Agreement, it is agreed that the provisions of this Agreement
shall control.
D. Notwithstanding any provision contained herein to
the contrary, the Developer shall pay to the City all applicable
impact fees, including but not limited to, road, police, fire, park
and recreation, sewer and water impact fees, at such time and in
such manner as may be required in accordance with the applicable
ordinances of the City.
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Section 3. 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 (A) hand delivered to the
person hereinafter designated, or (B) upon receipt of such notice
when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the person
at the address set forth opposite the party's name below, or such
other address or to such other person as the party shall have
specified by written notice to the other party delivered in
accordance herewith:
Developer: Jack Schiffman
101 Wild Fern Drive
Longwood, Florida 32779
With a copy to: Aaron J. Gorovitz, Esq.
Lowndes, Drosdick, Doster,
Kantor & Reed, P.A.
Post Office Box 2809
Orlando, Florida 32802-2809
City: City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
Section 4. Covenant Running with the Land. This
Agreement shall be binding, and shall inure to the benefit of the
successors and assigns of the parties, and shall run with the Land
and be binding upon the successors and assigns of the Developer and
upon any person, firm, corporation, or entity who may become the
successor in interest to the Land.
Section 5. Recordation of Agreement. The parties hereto
agree that an executed original of this Agreement shall be
recorded, at the Developer's expense, in the Public Records of
Orange County, Florida. The City will, from time to time upon
request of the Developer, execute and deliver letters affirming the
status of this Agreement.
Section 6. Applicable Law. This Agreement and the
provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
3
Section 7. 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 8. Agreement; Amendment. Except as hereinafter
set forth, this Agreement constitutes the entire agreement between
the parties, and supersedes all previous discussions,
understandings and agreements, with respect to the subject matter
hereof. This Second Developer Agreement supersedes and terminates
the provisions of Section 3(a) and 3(b) of that certain Developer
Agreement, dated November 20, 1990, between the Developer and the
City as recorded in Official Records Book 4285, Page 2790 of the
Public Records of Orange County, Florida ("the First Developer
Agreement") . Notwithstanding the above provisions, all other
provisions of the First Developer Agreement and any other
agreements of record affecting the Land heretofore entered into
between the City and the Developer or its predecessors-in-interest
shall remain in full force and effect and shall not be affected by
this Second Developer Agreement except to the extent of any
conflict herewith. Amendments to and waivers of the provisions of
this Second Developer Agreement shall be made by the parties only
in writing by formal amendment.
Section 9. 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 10. 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
4
necessary to confirm and/or effectuate the obligations of either
party hereunder.
Section 11. Specific Performance. Both the City and the
Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance.
Section 12. 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 13. 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 14. Construction of Agreement. 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 15. First Developer Agreement. The Developer
hereby acknowledges and agrees that the Conditions set forth in
Section 7 of the First Developer Agreement have been satisfied and
that the First Developer Agreement remains in full force and effect
except as expressly noted herein.
IN WITNESS WHEREOF, the Developer and the city have
caused this instrument to be executed as of the day and year above
written.
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Signed, sealed and delivered DEVELOPER: /
in t/h�e presence of: /
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Printed Nam CK S'H, FF •ice'
/Witid
CITY OF OCOEE, FLORIDA
a Florida municipal corporation
gcvoti pr O'i
By:
Printed Name: S. SCOTT VANDERGRIFT, Mayor
Attest:
Printed Name: JEAN GRAFTON, City Clerk
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA. APPROVED BY THE OCOEE CITY
Approved as to form and legality COMMISSION AT A MEETING HELD
this day of , 1993 ON , 1993
UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take •
acknowledgments, personally appeared Jack Schiffman, personally
known to me, and he acknowledged before me executing the foregoing
instrument before two witnesses for the uses and purposes expressed
therein and that he did not take an oath.
WITNESS my hand and offi ial seal in the County and State
last aforesaid this �I*� day of , 1993.
N'•tary Signature
(NOTARIAL SEAL)
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Printed Notary Signature
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STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared S. SCOTT VANDERGRIFT, and JEAN
GRAFTON, personally known to me, and well known to me to be the
Mayor and City Clerk, respectively, of the CITY OF OCOEE, a Florida
municipal corporation, and that they severally acknowledged
executing the same in the presence of two subscribing witnesses
without taking an oath and 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 , 1993.
Notary Signature
(NOTARIAL SEAL)
Printed Notary Signature
C:\WP51\DOCS\OCOEE\WESI'.NEW 14/14/97118W010;PER:jh
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EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH 1/2 OF THE S W 1/4 OF SECTION 32, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA, LESS THE WEST 4000 FEET FOR
ROAD;
SUBJECT TO A UTILITY EASEMENT DESCRIBED AS FOLLOWS:
A 30.00 foot and 60.00 foot Easement described as:
That part of the N 1/2 of the SW 1/4 and SW five acres of the SW
1/4 of the NW 1/4, less road rights-of-way, lying and being in
Section 32, Township 22 South, Range 28 East, described as follows:
From the West 1/4 corner of Section 32, Township 22 South, Range 28
East, Orange County, Florida, run thence N 00 Deg. 20' 48"W along
the West line of the Northwest 1/4 of said Section 32 a distance of
167.60 feet to the beginning of a 30.00 foot right-of-way and to
the North line of the South five acres of the Southwest 1/4 of the
Northwest 1/4 of said Section 32 and for a Point of Beginning;
thence along said North line N 89 Deg. 55' 22" E a distance of
1142.97 feet to a point of termination of the 30.00 foot right-of-
way and beginning of the 60.00 foot right-of-way; thence S 55 Deg.
34' 38" E a distance of 217.03 feet to the East line of the
Southwest 1/4 of the Northwest 1/4 of said Section 32; thence S 00
Deg. 20' 49" E a distance of 44.55 feet to the Northeast corner of
the Northwest 1/4 of the Southwest 1/4 of said Section 32 and to a
point of termination of the 60.00 foot right-of-way and beginning
of the 30.00 foot right-of-way; thence N 89 Deg. 55' 03" E a
distance of 1321.25 feet to the Northeast corner of the Southwest
1/4 of said Section 32; thence S 00 Deg. 20' 49" E along the East
line of said Southwest 1/4 a distance of 30.00 feet; thence S 89
Deg. 55' 03" W a distance of 1319.06 feet as to a point of
termination of the 30.00 foot right-of-way and beginning of the
60.00 foot right-of-way; thence N 55 Deg. 34' 38" W a distance of
295.69 feet to a point of termination of the 60.00 foot right-of-
way and beginning of the 30.00 foot right-of-way; thence S 89 Deg.
55' 22" W a distance of 1080.54 feet to the West line of the
Northwest 1/4 of said Section 32; thence N 00 Deg. 20' 48" W a
distance of 30.00 feet to the Point of Beginning. Contains 88,289
square feet or 2.027 acres, more or less.
ALSO:
All those portions of the West 45.00 feet of the Northwest Quarter
of the Southwest Quarter, and of the West 45.00 feet of the South
five acres of the Southwest Quarter of the Northwest Quarter of
Section 32, Township 22 South, Range 28 East, in the County of
Orange, State of Florida, lying between the South line of the North
30.00 feet of said South five acres of the Southwest Quarter of the
Northwest Quarter, and the South line of the North 50.00 feet of
said Northwest Quarter of the Southwest Quarter.
THE SUBJECT PROPERTY BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE
AT THE WEST 1/4 CORNER OF SECTION 32, TOWNSHIP 22 SOUTH, RANGE 28
EAST, ORANGE COUNTY, FLORIDA; THENCE RUN N.89°56'23"E. FOR 40.00
FEET TO THE POINT OF BEGINNING; THENCE RUN S.O°21'25"E. PARALLEL
WITH THE WEST LINE OF THE S.W. 1/4 OF SAID SECTION 32 FOR 330.64
FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE S.W. 1/4 OF SAID
SECTION 32; THENCE RUN N.89'48'41"E. FOR 2602.13 FEET TO THE S.E.
CORNER OF THE NORTH 1/2 OF THE S.W. 1/4 OF SAID SECTION 32; THENCE
RUN N.O°20'09"W. FOR 1324.81 FEET TO THE N.E. CORNER OF THE S.W.
1/4 OF SAID SECTION 32; THENCE RUN S.89°56'23"W. FOR 2602.64 FEET
TO THE POINT OR BEGINNING. CONTAINING 79.321 ACRES MORE OR LESS.
42700\TEMP1
•
EXHIBIT "B"
WESTRIDGE PUD CONDITIONS OF APPROVAL
OWNER/DEVELOPER:
Jack Schiffman
101 Wild Fern Drive
Longwood, Florida 32779
PLANNER:
Environmental Planning & Design, Inc.
425 West Colonial Drive - Suite 203
Orlando, Florida 32804
(407) 422-0008
SURVEYOR:
Herrick & Associates, Inc.
1012 North Pine Hills Road
Orlando, Florida 32808
(407) 298-6362
Existing Zoning: PUD-Planned Residential Community (Ocoee)
Surrounding Zoning: North - PUD (Ocoee)
South - A-1 (Orange County)
East - A-1 (Orange County)
West - PD (Orange County)
Existing Vegetation: Frozen Citrus Trees, various wild grasses,
and various wetland and transition species
in the Conservation and Open Space
parcels.
100 Year Flood Plain: No portion of the site is within Zone A on
the FEMA/FIRM map. The site is entirely
within Zone C.
Wetlands : Two areas that are within the jurisdiction of the
various permitting agencies have been identified on
the plan. Both areas are identified as Conservation
and/or Open space on the plan. Development is not
proposed within these areas of the site.
Soils: Basinger - 60%
Immokalee - 10%
Leon - 10%
Ona - 5%
Rutledge - 5%
Pond - 10%
Tree Survey - All trees on-site as defined by the Ocoee Arbor
Ordinance are within the Conservation and Open
Space parcels and are not proposed to be removed.
Proposed Zoning: PUD-Planned Residential Community (Ocoee)
Proposed Land Use: Single Family Detached Homes and Recreation
Center.
-1-
Total Site Area: 79.321 Acres (more or less)
Total Number of Units: 245
Maximum Gross Density: 4 units per acre
Net Land Area: 61.321 Acres (more or less)
Net Density: 4 units per acre
Minimum Lot Size: 60 ' x 105'
Minimum Net Living Floor Area: 1200 square feet
Setbacks: Front - 20'
Rear - 15'
Side - 7.5'
Corner - 17.5'
Building Height: two stories or 35'
Parking - 2 spaces per dwelling unit
Maximum Lot Coverage : 30% of gross land area
Minimum Open Space; 25%
Project Recreation Area: 1 .7 acre Recreation Center with
clubhouse, tennis, pool , and tot lot plus additional recreation
area as required to meet minimum PUD requirement (5%) . Total
recreation area - 4 acres. Public Recreation Impact Fee shall
be paid at time of Building Permit. Recreation areas to be owned
and maintained by Homeowners Association.
School Age Population: 159 students
Phasing: Site development shall be a single phase.
Projected Traffic Generation: 2450 trips
Peripheral Building Setbacks: 25' & 30' from project boundaries
for one & two story structures,
respectively
50' from Maguire Road R/W
35' from Moore Road R/W
25' from 7th Avenue R/W
Water Service: From City of Ocoee with average daily flow of
73,500 GPD. Fire flow to on-site hydrants shall be 500 GPM with
minimum residual pressure of 20 PSI .
Sewer Disposal : To City of Ocoee with average daily flow of
67,375 GPD.
-2-
Stormwater Management: On-site system with storage in wetland
areas.
Subdivision Regulation Waivers Requested: None
PUD Site Development Standards Waiver Requested: 50' lake
setback instead of 100' standard.
Impact Fee Credits: Proposed for extension of oversized
utilities to site.
A Homeowners Association shall be created for ownership and
maintenance of common areas (recreation center, retention areas,
and conservation areas & open space tracts) . A Declaration
consistent with this condition shall be created and recorded.
The City is subject to the terms, provisions and restrictions of
F.S. Chapter 163 concerning moratoriums on the issuance of
building permits under certain circumstances. The City has no
lawful authority to exempt any private entity, or itself, from
the application of such State legislation and nothing herein
shall be construed as such an exemption.
This Revised Land Use Plan supersedes and repeals all previously
approved Land Use Plans for Westridge PUD.
Section 13.4(5) of the PUD Ordinance requires execution of a
Development Agreement incorporating all plans and Conditions of
Approval by reference. The executed Developer Agreement shall
be amended consistent with approval of this Revised Land Use
Plan.
All conveyances to the City of right-of-way or other properties
shall be as specified by the executed Developer Agreement.
At such time as signalizations warranted at the intersection of
Maguire Road and Roberson/Moore Road, the developer shall pay to
the City, one third (1/3) of all costs associated with such
signalization. This condition is established with the
stipulation that if the property on the fourth corner (southwest)
of the intersection is annexed into the City and has impact on
the intersection, that project shall pay one fourth (1/4) of the
signalization costs. In the event that one third payment of
signalization costs has been made prior to annexation of the
other property, the Westridge developer shall be reimbursed the
difference between one third and one fourth of the signalization
costs.
The Developer will dedicate sufficient right-of-way for a sixty
foot wide 7th Avenue when combined with existing right-of-way,
whether by dedication, deed or maintenance, along the entire
eastern boundary of the PUD. All dedications shall be required
at the time of platting. Construction shall be prohibited within
the proposed 7th Avenue and the existing dirt road.
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