HomeMy WebLinkAboutItem #04 Approval of Second Amendment to Development Agreement with Fountains West, Lot 8, Planned Unit Development (PUD) ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 18, 2018
Item #4141% 1"
Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager:
Subject: Second Amendment to Development Agreement
Fountains West PUD
Commission District# 1 —John Grogan
Background Summary:
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
was designated as wetland/conservation and was dedicated to the City. Additionally, as part of the onsite
wetland mitigation, 1.1 acres was dedicated to the City as a Public Trail (Tract G). The approved PUD created
eight (8) commercial lots of which one (1) 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 with revised uses on LUP-2 of the Land Use Plan.
On June 19, 2018, a Substantial Amendment to the PUD to change the permitted uses of Lot 8, from a Church
use to include Commercial, Self-storage, and daycare uses was approved. The revision to the PUD also
included phasing the project in multiple phases. Phase 1 will include a 102,600 square foot three-story indoor
self-storage facility and possible 18,000 square feet of retail space or daycare. The indoor self-storage is
proposed to be accessed via internal drive aisles within the building. The applicant is working on providing a
future location for the Ocoee Fire Department in Phase 2 or Phase 3.
The proposed Second Amendment to the Development agreement is to update the permitted uses in the
Development Agreement. The list of permitted uses was provided for in the Substantial Amendment approval.
However, the applicant requested to remove the retail use based on an agreement with the owners of Lot 6
(Publix Center). Staff supports the change to the table of permitted uses as the proposed development program
does not include a retail user.
Issue:
Should the Honorable Mayor and City Commissioners approve a Second Amendment to Development
Agreement, in order to amend the permitted uses table for the Fountains West PUD?
Recommendation:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the Second
Amendment to Development Agreement for Fountains West PUD.
Attachments:
Second Amendment to Development Agreement (Fountains West)
Financial Impact:
N/A
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept. Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
THIS DOCUMENT WAS PREPARED BY:
Edgar J. Hedrick III, Esq.
Zimmerman,Kiser&Sutcliffe,P.A.
315 East Robinson, Suite 600
Orlando,FL 32801
(407)425-7010
RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive
Ocoee,FL 34761
(407)656-2322
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(Fountains West)
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
("Amendment") is made and entered into this day of August, 2018, by and among OCOE,
LLC, a Florida limited liability company ("OCOE"), as successor-in-interest to SHW, LLC, a
Florida limited liability company ("SHW"), LIVING WATERS CHURCH OCOEE, INC., a
Florida not-for-profit corporation ("Living Waters"), (OCOE and Living Waters are referred to
herein collectively as, the "Owner"), and the CITY OF OCOEE, a Florida municipal
corporation("City") (collectively, the "Parties").
WITNESSETH:
WHEREAS, the City, SHW, and Living Waters entered into that certain Development
Agreement (Fountains West) on December 22, 2006 and recorded as Instrument No.
20070017201 in the Public Records of Orange County, Florida, which was amended by that First
Amendment to Development Agreement, by and between OCOE and City, recorded as
Instrument No. 20100716516 in the Public Records of Orange County, Florida (together, the
"Development Agreement"); and,
WHEREAS, OCOE is the successor-in-interest, under the Development Agreement, to
SHW and W.O.R.Y. INVESTORS, L.L.C., a Florida limited liability company; and,
WHEREAS, the Land Use Plan, as defined in the Development Agreement, has been
amended by that certain "FOUNTAINS WEST PUD MAJOR AMENDMENT (LOT 8)"
prepared by Kimley Horn dated April 12, 2018 (the "Major Amendment"), and parties desire to
amend the Development Agreement to increase the permitted uses for Lot 8; and,
WHEREAS, pursuant to Section 10 of the Development Agreement, all amendments to
the Development Agreement must be made by the parties in writing by formal amendment; and,
NOW,THEREFORE, be it resolved that:
1. The recitals set forth in the "Whereas" clauses above are true and correct, and are
incorporated herein and made a part hereof.
2. Unless otherwise specifically defined herein, each term used herein that is defined
in the Development Agreement shall have the meaning assigned to such term in the
Development Agreement.
3. The principal mailing address of OCOE is 1100 Fifth Avenue South, Suite 409,
Naples, FL 34102.
4. The principal mailing address of Living Waters is changed from 120 McKey
Street, Ocoee, FL 34761 to P.O. Box 1206, Ocoee, FL 34761.
5. Section 2 A. of the Development Agreement is hereby deleted and replaced with
the following language:
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 November 21, 2006, and as amended by that
certain Fountains West PUD Major Amendment (Lot 8) prepared by Kimley Horn dated
April 12, 2018 (together, the "Land Use Plan"). The Land Use Plan is hereby
incorporated herein by reference as if fully set forth herein.
6. Exhibit "G" to the Development Agreement (i.e. "Permitted Uses") is hereby
deleted and replaced with the attached Exhibit"G".
7. OCOE and SHW will, reasonably and in good faith, cooperate in executing and
presenting to City for approval any plat that is required for the Planned Unit Development, as it
relates to the Permitted Uses of Lot 8; provided, however, that each party hereto be given a
reasonable amount of time to review any such plat.
8. This Amendment may be executed in counterparts, via electronic transmission or
facsimile, each of which shall be deemed originals, and all of which together shall constitute one
and the same instrument.
9. This Amendment shall be deemed to have been prepared and negotiated through
the efforts of all parties, and this Amendment shall not be construed more strictly against any
party than against every other party.
10. If any provision of this Amendment is found to be invalid or unenforceable, the
remaining provisions of this Amendment, and the Development Agreement, shall remain in
effect without impairment.
11. Each party hereto represents and warrants to the other that all necessary
authorizations required for the execution and performance of this Amendment have been given
and that the undersigned party is duly authorized to execute this Amendment and bind the party
for which it signs.
12. In any dispute or litigation regarding the interpretation or enforcement of this
Amendment, the prevailing party in any such dispute or litigation shall be entitled to recover its
reasonable attorneys' fees and costs from the non-prevailing party.
13. Except as provided in this Amendment, the Development Agreement shall remain
in full force and effect.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the Owner and the City have caused this Amendment to be
executed by their duly authorized officers as of the day, month, and year first above written.
Signed, sealed and delivered in "OWNER"
the presence of:
OCOE, LLC, a Florida limited liability company
By: EZON, INC., a Florida corporation,Manager
Print Name: By:
Name:
Print Name: Its:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to, signed, and acknowledged before me this
, 2018, by , as of EZON, INC.,
a Florida corporation, as Manager of OCOE, LLC, a Florida limited liability company.
He/She/They (check one) ❑ is/are personally known to me, or ❑ has/have produced a valid
driver's license or as identification.
Notary Public, State and County Aforesaid
Name:
My Commission Expires:
My Commission Number is:
Signed, sealed and delivered in "OWNER"
the presence of:
LIVING WATERS CHURCH OCOEE,INC.,
a Florida not-for-profit corporation
Print Name:
By:
Name:
Print Name: Its:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was sworn to, signed, and acknowledged before me this
, 2018, by , as of LIVING
WATERS CHURCH OCOEE, INC., a Florida not-for-profit corporation. He/She/They (check
one) ❑ is/are personally known to me, or ❑ has/have produced a valid driver's license or
as identification.
Notary Public, State and County Aforesaid
Name:
My Commission Expires:
My Commission Number is:
Signed, sealed and delivered in "CITY"
the presence of:
CITY OF OCOEE, FLORIDA
By:
Print Name: Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON
, 2018 UNDER AGENDA
Approved as to form and legality this _ ITEM NO
day of ,2018.
SHUFFIELD, LOWMAN AND
WILSON,P.A.
By:
Scott Cookson, City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON
and MELANIE SIBBITT, 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 , 2018.
Notary Public, State and County Aforesaid
Name:
My Commission Expires:
My Commission Number is:
Exhibit"G"
Permitted Uses
USE Lots t & 2 Lob 3. 4 & S Lot 6 Lot 7 Lot 8
Appliance Ston * * * *
Bank * * * *
Bar (associated with restaurant seating 45 people) * * *
Car Wash (1) * * *
Clinic, Dental or Medical * * * 41
Commercial. Convenience with Gas Sales *
Commercial. Ketal * * * *
Deportment Store *
Drive in Restaurant (3) * * *
Equipment Sal.. * * *
Fin Station *
Furniture Store * * * *
Grocery Store/Supermarket *
Heating. Ventilating. Plumbing Sales & Service * * *
Interior Decorating Store * * * *
Liquor Store. No on—perrnlse consumption * * *
Miniature Golf Course * a *
Movie Theater *
Music. Radio. TV Shop * * * *
Nursery/Garden Supply Store a * * a a
Professional Offices * * * * *
Restaurant a * * *
Self—Storage Facility *
Veterinary hospitals and Kennels when confined with structure * * a *
Chid Con Facilities a * * *
Church (2) *
Club or Community Use * * * * *
Recreation Facility, Commercial * * * *
Permitted Use
(1) Only as Accessory to Gos/Convenience Store Establishment
(2) (2300 seats; 45' Steeple/Tower feature, ancillary uses such as church related
offices, rdlgious/bocm stare•, daycare foclity and recreational building)
(3) This use is not permitted for lot 3