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Home My WebLink AboutItem VI (A)(2) Second Reading of Ordinances - Westridge PUD •t Agenda 08-17_04 Item VLA.2.a. ��e Center of Good Li CITY OF OCOEE AGENDA ITEM COVER SHEET Date: August 6, 2004 Meeting Date: August 17, 2004 Subject: Westridge PUD Small Scale Comprehensive Plan Amendment Issue: Should the Mayor & City Commissioners adopt Ordinance 2004-18 approving a Small- Scale Comprehensive Plan Amendment to change the Future Land Use Map designation from City of Ocoee"Low Density Residential"to City of Ocoee "Commercial"? Recommendation: While taking into consideration the comments and action of the Planning and Zoning Commission, based on the technical analysis above, Staff still recommends the Mayor & City Commissioners deny Ordinance 2004-18 that would change the future land use classification on the 8.8 acre Parcel "A" of the Westridge PUD from City of Ocoee "Low Density Residential"to the City of Ocoee"Commercial". Background Summary: Infrastructure Impact: The project negatively impacts transportation. The commercial development scenario increased even further the future "F" levels of service on Roberson Road and both segments of South Maguire Road from Gotha Road to Tomyn Road. Land Use Impact: There is an abundance of available Commercial and Professional Offices & Services future land uses within the 1-1 Y2 mile market or service area of the proposed neighborhood-shopping district. The abundance of these commercial uses will more than adequately serve this area for now and into the future. Adding more commercial land will only serve to dilute the ability of existing lands zoned for this purpose to develop, and introduce high intensity uses in close proximity to high quality homes in the immediate vicinity of the property. Fiscal Impacts: N/A Commission Action: Reviewed by City Manager Reviewed by City Attorney—Ordinance Attached Reviewed by Finance -- N/A O:\Staff Reports\2004\SR04056 CC Summary.doc Cuter of Good zit,. Mayor <C e �?�, Commissioners S. Scott Vandergrift Danny Howell, District 1 -, Scott Anderson, District 2 City Manager �; ' — Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT To: The Mayor&City Commissioners From: Terry L. James, AICP j e- - Principal Planner-Planning Division Through: Russ Wagner, AICP Community Development Director Date: August 6, 2004 Subject: Westridge PUD Small Scale Comprehensive Plan Amendment/SSCPA-02-003 Ordinance 2004-18 ISSUE: Should the Mayor & City Commissioners adopt Ordinance 2004-18 approving a Small-Scale Comprehensive Plan Amendment to change the Future Land Use Map designation from City of Ocoee"Low Density Residential" to City of Ocoee"Commercial"? BACKGROUND: General Location: The parcel (shown as Parcel A on the Location Map) is located in the northwest portion of the larger Westridge PUD (shown as Parcels A & B on the Location Map). The entire Westridge PUD is located at the southeastern corner of the intersection of Maguire and Moore Roads. Parcel Identification#: 32-22-28-0000-00-054 Property size: 8.4 +/-acres Previous Local Government Actions: A similar Small Scale Comprehensive Plan Amendment and associated land use plan amendment was denied by the City Commission on October 6, 1998. Actual land use, unique features, and Future Land Use Map consistency with the surrounding properties: The property is currently vacant with a designation of "Low Density Residential" on the Future Land Use Map. There are no unique features on the property. City of Ocoee• 150 N Lakeshore Drive• Ocoee,Florida 34761 phone: (407)905-3100•fax:(407)656-8504•www.ci.ocoee.fl.us Westridge PUD SSCPA-02-003 Page 2 of 10 Future land use classification of the subiect property: TABLE 1 LAND USE CLASSIFICATION: CURRENT PROPOSED Future Land Use City of Ocoee/Low Density Residential City of Ocoee/Commercial Current future land use of the surrounding properties: TABLE 2 DIRECTION: JURISDICTION CURRENT FUTURE LAND USE North City of Ocoee Low Density Residential,High Density Residential,Commercial,Professional Offices&Services East City of Ocoee Low Density Residential(Westridge PUD) South City of Ocoee Conservation/Floodplain,Recreation&Open Space,Public Facilities& Institutional,Low Density Residential West Orange County Low Density Residential,High Density Residential,Commercial(Orange County Belmere PUD) The specific uses of the properties located south of this property are Windsor Landing subdivision, Freedom Park, and the Thombrooke Elementary School (See Location Map). The requested "Commercial" Future Land Use Map Classification is not consistent with the adopted Comprehensive Plan's Future Land Use Map that shows this parcel as "Low Density Residential". DISCUSSION: Impacts on Infrastructure Estimation of the impacts on infrastructure is an incremental analysis of the current Low Density Residential future land use classification and the proposed Commercial future land use classification. The existing Low Density Residential development scenario yields 34 total single-family dwelling units [8.4 acres*4 dwelling units per acre]; however, the proposed Commercial development scenario must be calculated indirectly, based on the PUD restrictions, and the developer's estimated uses. The estimated demands are based on the following commercial development scenario: TABLE 3 LAND USE ITE LAND USE ESTIMATED BUILDING COVERAGE-GROSS CODE SQUARE FOOTAGE' Office 710 50,000 gsf Retail 820 40,000 gsf 'Based on the applicant's traffic impact analysis;the remaining Single Family Residential trips are not considered,as they have remained unchanged from previous plan. Transportation: • Availability of Transportation Facilities The current Average Daily Traffic (ADT) and Volume to Capacity ratio on Maguire Road/County Road 439 are as follows: p Westndge PUD SSCPA-02-003 Page 3 of 10 TABLE 4 FROM TO LANES ADOPTED ADOPTED LOS 2004 AVERAGE VOLUME/CAPACITY LOS NUMERIC DAILY TRAFFIC RATIO STANDARD CAPACITY STANDARD i Gotha Roberson- 2 D 17,400 14,764 .62 Road Moore Road Roberson- Tomyn Road 4 E 34,200 20,551 .51 Moore Road The current Average Daily Traffic (ADT) and Volume to Capacity ratio on Roberson- Moore Road are as follows: TABLE 5 FROM TO LANES ADOPTED ADOPTED LOS 2004 AVERAGE VOLUME/CAPACITY LOS NUMERIC DAILY TRAFFIC RATIO STANDARD CAPACITY - STANDARD East of Maguire 7°1 2 D 14,200 2,369 .18 Road Avenue Windermere Maguire 2 D 12,100 8,659 .60 Road Road ! • Estimated Demand on Transportation Facilities TRIP GENERATION: TABLE 6 FUTURE LAND USE MAXIMUM DENSITY STANDARDS- ESTIMATED DEMAND CLASSIFICATION MULTIPLIER CURRENT Ocoee/Low Density 4 DU/Acre 10 ADT/Dwelling Unit' 34'10=340 Total ADT Residential PROPOSED Ocoee/Commercial Office:50,000 gsf Based on ITE Trip Generation rates. 3,557 Total ADT= Retail:40,000 gsf 'Based on applicant's traffic Impact analysis,the Single Family Residential(ITE Code 210)trip generation for the current residential land use. 2 Glatting Jackson summary of"net external trips"pass out at the 7-13-04 P&Z meeting TRIP DISTRIBUTION: TABLE 7 ROADWAY FROM TO ADOPTED LOS 2004 AVERAGE VOLUME/CAPACITY NUMERIC DAILY TRAFFIC RATIO WITH PROPOSED CAPACITY WITH PROPOSED FLUM AMENDMENT STANDARD FLUM (EXISTING) AMENDMENT Maguire Road Gotha Road Roberson- 17,400 14,764+427= .87(.62) Moore 15,191 Road Roberson- Tomyn 34,200 20,551 +2810= .68(.51) Moore Road 23,361 Road Roberson- East of Maguire — 14,200 2,369+107= .17(.18) Moore Roads Road 2,476 Windermere Maguire 12,100 8,659+213= .73(.60) Road Road 8,872 The incremental traffic increase for the proposed amendment, in absolute terms, is 3,217 (3,557 —340). These increases when distributed according to the applicant's traffic impact analysis will I Westridge PUD SSCPA-02-003 Page 4of10 not lower the existing Level of Service (LOS)below the adopted LOS standard contained in Comprehensive Plan as shown in Table 8, below. TABLE 8' ROADWAY FROM TO LANES ADOPTED 2020 PEAK HOUR- RESULTING LOS PEAK DIRECTION: LOS STANDARD Volume Capacity VIC PERFORMANCE Ratio Maguire Gotha Rd. Roberson- 2 D 1,309 1,583 .83 D Road Moore Rd. Roberson- Tomyn 4 D 2,129 3,167 .67 C Moore Rd. Rd. Roberson- Windermere Maguire 2 D 722 1,192 .61 C Moore Rd. Rd. Rd. Maguire Rd. 7" 2 D 681 1,192 .57 C Avenue 1 Taken from Table 21:"Future Peak Hour/Peak Direction Levels of Service,2020"pp.2-5455,Transportation Element/Ocoee Comprehensive Plan Table 7 shows the increase project traffic will make on the critical section of Maguire Road between Moore-Roberson and Tomyn Road totaling 23,361 Average Daily Traffic (ADT). The peak hour-peak direction volume for the same roadway section contained in Table 8 from the adopted Comprehensive Plan for the year 2020 is 2,139. As a general rule for transportation planning, peak hour represents 10% of the ADT; therefore, the peak hour from Table 7 for this roadway segment is approximately 2,336 (23,361*10%). This means that the 2,336-peak hour estimated from actual counts in 2004 already exceeds the peak hour estimate of 2,139 for the year 2020; approximately 15 years ahead of the adopted comprehensive plan's estimated traffic volume. The concern over this large discrepancy between the 2004 and the 2020 data resulted in the "South Maguire Road Corridor Analysis". This analysis is a build out study that used the actual 2004 traffic count on the roadways and added the net traffic count from the "known" and future development scenarios identified on the 2020 Future Land Use Map within the previously identified "Market or Service Area". All projections in this study utilize very conservative numbers for both land use and traffic generation. After the build out development scenario and the associated traffic data were produced, the current low-density residential future land use scenario and the proposed commercial future land use scenario for the Westridge PUD were added separately. The results produced slightly lower traffic count for the low-density residential scenario in terms of overall traffic; however, the critical issue is that the commercial development scenario increased even further the future "F" levels of service on Roberson Road and both segments of South Maguire Road from Gotha Road to Tomyn Road. As demonstrated by the projected traffic generation, a significant number of trips on these roads will result from the inordinate amount of commercial, office and high-density development already approved in this area. This is further indication that a greater amount of commercial and office land uses are not warranted in this sector of the City. (For the specific corridor analysis, see the attached "South Maguire Road Corridor Analysis".) ►' Westridge PUD SSCPA-02-003 Page 5of10 Potable Water&Sanitary Sewer: • Availability of Potable Water& Sanitary Sewer Facilities The parcel is within the Orange County Utility Service Area. The County has adequate capacity to provide potable water and sanitary sewer facilities. • Estimated Demand on Potable Water& Sanitary Sewer Facilities There are no deficiencies; the County will be able to provide both potable water and sanitary sewer for this site. Drainage: No accurate demand estimate is available based on future land use designations; however, adequate stormwater management facilities will be required in accordance with the SJWMD rules. Solid Waste: • Availability of Solid Waste Solid waste disposal will be provided by the Orange County Landfill (a Class 1 Facility). This facility is projected to provide capacity until the year 2030 according to the adopted Ocoee Comprehensive Plan (Ocoee Comprehensive Plan, Solid Waste Sub-Element, page 4.2-4) • Estimated Demand on Solid Waste TABLE 9 FUTURE LAND USE MAXIMUM DENSITY STANDARDS/MULTIPLIER ESTIMATED CLASSIFICATION DEMAND CURRENT Ocoee/Low Density 4 DU/Acre 34 DU '6(Ibsiperson/day)' *2.99 610 lbs/day Residential (person/household)Z PROPOSED Ocoee/Commercial Based on the No commercial standard exists N/A development scenario outlined above. 'City of Ocoee Solid Waste Sub-Element,page 4.2-4 2 City of Ocoee Housing Element,page 3-4 The Orange County Landfill has adequate capacity to provide for solid waste. Recreation: • Availability of Recreation Facilities This area is serviced by Freedom Park and a joint use agreement with the Orange County School Board for Thombrooke Elementary School. Westridge PUD SSCPA-02-003 Page 6 of 10 • Estimated Demand on Recreation Facilities TABLE 10 FUTURE LAND USE MAXIMUM DENSITY STANDARDS/MULTIPLIER ESTIMATED CLASSIFICATION DEMAND CURRENT Ocoee/Low Density 4 DU/Acre 34 DU*2.99(person/household)'* 0.4 acres Residential 0.004 acres of parks&open space /resident PROPOSED Ocoee/Commercial Based on the No standards for commercial N/A development scenario development. outlined above. 'City of Ocoee Recreation&Open Space Element,page 6-15 There are no recreational parks and open space standards for non-residential development. Impacts on Existing and Future Land Use This proposed future land use map classification change will impact and be impacted by the surrounding land uses. As indicated above, the Westridge PUD restrictions will limit the allowable uses on this parcel to low intensity uses that are consistent with a "neighborhood shopping district' land use. Neighborhood Shopping Districts have a service or market area of approximately 1-1 %2 miles. For this proposed amendment additional reductions in the market area are required since the Florida Turnpike acts as a major barrier to properties to the north by limiting north-south access. As a result the normal 1-1 %2 radius is reduced to only include properties south of the Turnpike (see attached Future Land Use Map). All commercial uses need an adequate number of residential units within their market area to provide the customer base to insure economic viability. The residential uses within proposed Westridge neighborhood shopping district market area are at 75-80% build out resulting in a limited base of new customers to support the commercial land uses in the vicinity of the intersection of Maguire Road and Roberson-Moore Road. Currently, the Plantation Grove Shopping Center has 7-8 acres yet to be built out, and for all for all practical purposes, will largely provide adequate neighborhood commercial uses to serve this market area of the community even after residential build-out. The 1-1 '/2 mile market area for a neighborhood-shopping district at the proposed location contains the following existing Future Land Use classification acreages: TABLE 11 FUTURE LAND USE CLASSIFICATION' TOTAL ACRES Commercial 136.3 Professional Offices&Services 29.6 1 Only future land uses classifications within the Joint Planning Area. On Maguire Road between the Florida Turnpike and Tomyn Road, additional intense commercial uses are planned including another proposed shopping center and other associated commercial uses. These extensive amounts of commercial land uses also limit the demand for further neighborhood-shopping district development. Other proposed uses located at the corner of the Maguire Road-Roberson-Moore Roads intersection further limit the need for additional changes to higher intensity uses as follows: Westridge PUD SSCPA-02-003 Page 7 of 10 • Northwest Corner: Professional Offices & Services land use classification totaling 29.6 acres; these properties are located within Orange County and the City. Those parcels within the City are also zoned Professional Offices &Services; and • Southeast Corner The Belmere PUD is within the County, and has a large residential component in addition to properties in the northwest section of the PUD along Roberson- Moore and Maguire Roads that have been designated for commercial/retail development as follows: TABLE 12 LOT ACRES USE ZONING UMITS,IF ANY 774 . 5 Adult Congregate Living Facility or n/a 130 units/260 beds maximum Assisted Living Facility 775 2 Commercial and/or Professional Orange County C-1&PO Not more than 42,960 sq.ft. of air- 776 1 Commercial and/or Professional Orange County C-1&PO conditioned building space. 777 1 Commercial and/or Professional Orange County C-1&PO 773 15.7 Multi-Family n/a _ 180 Unit maximum Glenmuir Properties Ltd., who is also an applicant for the Westridge PUD small-scale comprehensive plan amendment, currently owns these parcels. The County C-1 and P- O zoning districts are "Retail Commercial" and "Professional Office" districts, respectfully. These districts provide for a full range of commercial and professional office uses (see the attached Orange County Belmere PUD Site Plan) that are similar to the uses requested for the Westridge PUD amendment. Also an 8-10 acre tract at the northwest corner of Roberson Road and Windermere Road in Winter Garden is designated for neighborhood commercial development. As indicated above, there is an abundance of available Commercial and Professional Offices & Services future land uses within the 1-1 1/2 mile market or service area of the proposed neighborhood-shopping district. The abundance of these commercial uses will more than adequately serve this area for now and into the future. Adding more commercial land will only serve to dilute the ability of existing lands zoned for this purpose to develop, and introduce high intensity uses in close proximity to high quality homes in the immediate vicinity of the property. PLANNING &ZONING COMMISSION: On July 13, 2004 the Planning &Zoning Commission met to consider the proposed Small Scale Comprehensive Plan Amendment and held the required public hearing. During the public hearing,the following speakers presented and discussed these issues: D. Saathoff/Akerman Senterfitt, representing the applicant: The staff and the Planning & Zoning Commission both recommended the same plan in 1998, and, at that time, the report indicated that the plan was consistent with the adopted comprehensive plan [Saathoff read portions of the previous staff report]. What has changed since 1998? This current plan represents improvements to the 1998 plan. The objections concerning the oversupply of commercial land uses and potential traffic problems on surrounding roadways are faulty and not objective. For the oversupply allegations, no objective standards were used and the analysis only considered the quantity and not the quality of the commercial land uses within the service area. There was no analysis of the residential land uses (potential purchasers goods and services) in relation to the commercial land uses (the sellers of goods and services). Lastly, the traffic analysis was not based on correct data since the Glatting Jackson (traffic consultant)study was an access study and not a full traffic study. Westridge PUD SSCPA-02-003 Page 8 of 10 J. Moore/Glattinq Jackson, representing the applicant: The 2003 study was an access study, not a traffic study. The difference is that the "pass-by" and "internal capture"trips will reduce the total trips generated by the proposed land uses to produce "net external trips". This will reduce the total from the current 5,306 gross external trips to 3,557 net external trips. [Note: these new trip numbers have been included in the transportation section above.] These volumes will not degrade the existing LOS standard on the surrounding roadway in the present or in the future. Perhaps the perceived problem concerning future traffic volume on these roadways are caused by double counting the traffic generated from previously counted land uses. Brenda Larsen/Cross Creek Subdivision, a citizen: The additional commercial development would bring additional traffic, decrease the beauty of the surrounding area, and generally reduce residential property values. Pamela Helbling/Windsor Landing Homeowners Association (HOA)-Board of Directors: The Windsor Landing HOA opposes the change from residential to commercial. Plantation Groves Shopping Center meets the areas needs for shopping. The added commercial will decrease residential property values and erode the area's aesthetics. The area has changed greatly since the 1998 plan that was recommended by Staff and the P&Z Commission. Bob Ferdinand/Plantation Groves Shopping Center: As the one original developers of the shopping center the commercial out-parcels on the south end of the shopping center had to wait until for the demographics to improve and the population to increase before they could be developed. These out-parcels at Plantation Groves Shopping Center will be developed this year along with the Key Isle Apartments-Phase 2. The question of the "quality" vs. "quantity" of commercial should not be an issue; the commercial land uses to the north are as good as the commercial land uses to the south. Moe Mado/Cross Creek Subdivision, a citizen: Opposed the proposed commercial development. Brian Pinckney/Oaks of Windermere Homeowners Association (HOA)-Board of Directors: None of the Westridge PUD should be developed, but, if it has to be developed, then commercial would be best since it will not produce additional children to crowd the Thomebrooke Elementary School. Additionally, 7th Avenue should not be opened because of the safety issues of children walking to the school. Harry Strange/7th Avenue, citizen: Understands that 7th Avenue will be opened for access to the school and would not oppose commercial uses since it will not produce school age children like the residential use D. Saathoff/Akerman Senterfitt, representing the applicant: The development review process concerning the proposed commercial and office development will be analyzed to identify the problems or impacts of the development and then these impacts will be mitigated. 7th Avenue is listed as a collector road in the comprehensive plan. If the proposed commercial land use would be developed as residential it would produce approximately 62 elementary age school children. This would translate to 3 classrooms at 20 children per classroom. [Note: According to the Orange County Public Schools, there are 0.32 elementary school children per single-family residence. Based on the existing Westridge Subdivision Plan, at 2.9 net residential dwelling unit per acre (151/50.9) the total net residential dwelling units for 9- Westridge PUD SSCPA-02-003 Page 9 of 10 acre Parcel A is 26 (9*2.9) producing approximately only 9 (0.32*26) elementary school children that would impact the Thornbrooke Elementary School] Russ Wagner, Community Development Director. As a point of clarification, the issues concerning 7th Avenue should not be applicable to this amendment, since the roadway was there since the adoption of the comprehensive plan. The Public Hearing was closed and the case was then discussed among the Planning & Zoning Commissioners: Commissioner Riffe indicated that she did not want residential backing up to an intersection and this was a good location at an intersection for neighborhood commercial development that the area needed. The commercial land uses on Maguire Road to the north were not an appropriate location since they too large and not located at intersections. Plantation Groves Shopping Center does not provide adequate shopping opportunities for the surrounding neighborhoods. The traffic is not a problem since most of the trips are from the residential neighborhoods and adding commercial rather than residential as proposed will actually reduce traffic. Commissioner Riffe made a motion to approve the Small Scale Comprehensive Plan amendment changing the land use from "Low Density Residential" to "Commercial". Commissioner Keller seconded this motion. Commissioner Rhodus questioned what the specific uses were planned for the site. D. Saathoff/Akerman Senterfitt, representinc the applicant: Specific uses would be hard to determine since it would be market driven, but most likely a pharmacy, restaurant, and dentist or doctor's office. Commissioner Keller indicated that the commercial in the north was not in the right place, the neighborhood commercial was needed, and the commercial would reduce the number of school children at Thomebrooke Elementary. Commissioner/Chairman Golden stated that at 8.4 acres it was too much commercial at that location; he would have been willing to approve less. Commissioner Sills indicated that the approval would be against Staff recommendations. Commissioner Campbell agreed with Commissioner Riffe that commercial was needed since many residents must travel outside Ocoee for needed services. Commissioner Moms indicated that there was already commercial on three corners and that commercial would lessen the impact on the elementary school. Paul Rosenthal/City Attorney suggested that the motion be modified to include subject to the Second Land Use Plan amendment and the Preliminary Subdivision Plan containing the restrictions. The motion was modified. The Planning & Zoning Commission then voted 5-3 in favor of recommending approval of the Small Scale Comprehensive Plan Amendment changing the future land use from "Low Density Westridge PUD SSCPA-02-003 Page 10 of 10 Residential" to "Commercial" subject to the Second Revised Land Use Plan and Preliminary Subdivision Plan for the Westridge PUD being approved. STAFF RECOMMENDATION: While taking into consideration the comments and action of the Planning and Zoning Commission, based on the technical analysis above, Staff still recommends the Mayor & City Commissioners deny Ordinance 2004-18 that would change the future land use classification on the 8.8 acre Parcel "A" of the Westridge PUD from City of Ocoee "Low Density Residential" to the City of Ocoee "Commercial". Attachments: Location Map Surrounding Future Land Use Map Surrounding Zoning Map Market or Service Area for the proposed Future Land Use Amendment Belmere PUD Site Plan (Orange County) Ordinance No. 2004-18: Westridge PUD Small Scale Comp. Plan Amendment "South Maguire Road Corridor Analysis", dated August 6, 2004 O:\Staff Reports\2004\SR04056 CC.doc Westridge PUD Location Map .. . &; ; • s ' .aef . p Ala% - 6, J r1 mi Q 1111111J • ik Moor Road I I l i.-' MIS 11E. am 111.111 13o Parcel A m•. rii IX 11111111 ` 2 Parcel B G cp A MOOR e Freedom Park l I �nebro°� . 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Plan Amendment 8.8 Acre Parcel AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING THE OCOEE COMPREHENSIVE PLAN AS ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO. 91-28, AS AMENDED, AS FOLLOWS: AMENDING THE FUTURE LAND USE MAP TO REDESIGNATE FROM "LOW DENSITY RESIDENTIAL" TO "COMMERCIAL" CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 8.8 ACRES LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF MAGUIRE ROAD AND MOORE ROAD PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL FUTURE LAND USE MAP; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 18, 1991, the City Commission adopted the City of Ocoee Comprehensive Plan pursuant to Chapter 163, Florida Statutes, as set forth in Ordinance # 91-28, which has been amended from time to time ("Ocoee Comprehensive Plan"); and WHEREAS, the owner of certain real property (the "Owner") has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to initiate Amendment Number SSCPA-02-003 in order to amend the Future Land Use designation of certain real property containing approximately 8.8 acres as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the"Property"); and WHEREAS, Amendment Number SSCPA-02-003 constitutes a Small Scale Comprehensive Plan Amendment within the meaning of Section 163.3187(c), Florida Statutes; and WHEREAS, on July 13, 2004 the Planning and Zoning Commission of the City of Ocoee, Florida, acting as the City of Ocoee Local Planning Agency held an advertised public hearing and recommended adoption of Amendment Number SSCPA-02-003; and WHEREAS, on August 17,2004 the City Commission held an advertised public hearing and adopted Amendment Number SSCPA-02-003; and WHEREAS, all required public hearings have'been held after due public notice in accordance with Chapter 163, Florida Statutes, and Sections 1-8 and 1-10 of Article I, of Chapter 180 of the Code of Ordinances of the City of Ocoee (`Ocoee Land Development Code"). ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 1-8 of Article I of the Ocoee Land Development Code. SECTION 2. Comprehensive Plan Amendment. The Future Land Use designation as set forth on the Future Land Use Map of the Ocoee Comprehensive Plan for the Property is hereby changed from "Low Density Residential" to "Commercial." A map of said land herein described is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 3. Future Land Use Map. The City Planning Director is hereby authorized and directed to revise the Official Future Land Use Map of the City of Ocoee as set forth in the Ocoee Comprehensive Plan to incorporate Amendment Number SSCPA-02-003 consistent with the provisions of this Ordinance. SECTION 4. Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. 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 6. Effective Date. This Ordinance shall take effect upon passage and adoption. 2 ORDINANCE NO PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Name: Title: S. Scott Vandergrift, Mayor (SEAL) ADVERTISED READ FIRST TIME READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2004. FOLEY& LARDNER LLP By: City Attorney 3 ORDINANCE NO • EXHIBIT "A" [INSERT LEGAL DESCRIPTION FOR 8.8 ACRE PARCEL] • Exhibit"A" Legal Description:Parcel A . DESCRIPTION: That part of the Southwest 1/4 of Section 32, Township 22 East, Range 28 East, Orange County, Florida, described as follows: Commence at the Northwest corner of the Southwest 1/4 of Section 32, Township 22 South, Range 28 East, and run N 89°55'55" E along the North line of said Southwest 1/4 for a distance of 95.38 feet; thence run S 00'04'05"E for a distance of 40.00 feet to the South right- of-way line of Moore Road and the POINT OF BEGINNING; thence run N 89°55'55" E along said right-of-way line for a distance of 734.82 feet; thence run S 00`04'05" E for a distance of 518.02 feet to a non-tangent point on a curve concave Southerly having a radius of 510.00 feet and a central angle of 48°55'46"; thence run Westerly along the arc of said curve for a distance of 435.53 feet to the point of tangency; thence run S 7058'22" W for a distance of 190.00 feet to the point of curvature of a curve concave Northwesterly having a radius of 575.00 feet and a central angle of 171)0'24"; thence run Westerly along said curve for a distance of 170.67 feet to a point of non-tangency on the East right-of-way line of Maguire Road; thence run N 0021'38" W along said East right-of-way line for a distance of 539.37 feet to the point of curvature of a curve concave Southeasterly having a radius of 35.00 feet and a central angle of 90°17'33"; thence run Northeasterly along said curve for a distance of 55.16 feet to the POINT OF BEGINNING. Containing 8.797 acres more or less and being subject to any rights-of-way, restrictions and easements of record. . r --.. ... ;I.I I '! L -- -- 4 ORDINANCE NO • Exhibit"B" Westridge PUD SSCPA: Parcel A �.. co i o� 4,111111V d-� co i-5-- I ''aistV � :' z m p . ,,..„- ,...,\ J Ilia -,-2I T , 11111! I Moore Road III 1 a- ._._ a o 0 o Parcel A c a) L•_ y C G cn' CD CD / rF ................................................. ....... . .... MOOR a, I J I I I Ilh° e Freedom Park ►nebr°° Thornebrooke Elementary School BRAELOGK * 01111 iiiiiit•s l, _ • , -- ,,\ . , Iem►* ** ©souimis***** �Int - - • , „Jr/Jr/ -., ,,, 0 00 Emu ,, ,, „,,, - ''''.1‘,:s-, .,,‘, SOUTH MAGUIRE ROAD CORRIDOR ANALYSIS Prepared for: CITY OF OCOEE COMMUNITY DEVELOPMENT DEPARTMENT Prepared by: RENAISSANCE PLANNING GROUP August 6, 2004 South Maguire Road Corridor Analysis RENAISSANCE PLANNING GROUP TABLE OF CONTENTS INTRODUCTION _. ... ... 2 ANALYSIS ... —•••2 Step 1: Identify Land uses 3 Step 2: Trip Generation 4 Step 3: Trip Distribution and Assignment 6 Results ... .. 6 Technical Appendix ... ... 9 LIST OF FIGURES Figure 1 — Subarea Map, Future Land Use ... 3 LIST OF TABLES Table 1 — Land Use by Development in Subarea ... ... 4 Table 2 — Trip Generation by Development in Subarea ... .5 Table 3 — 2004 Traffic Volumes and Adopted LOS ... ....6 Table 4 — Assigned Future Trips ... ».....7 Table 5 —Existing Plus Assigned Future Trips ... ... 8 Table A-1 — Equations Used to Determine Trip Generation ... 9 Table A-2 — Future Trip Distribution (Percent) .. 10 Table A-3 — Future Trip Assignment ... 11 1 DRAFT 8/6/2004 South Maguire Road Corridor Analysis 4 : RENAISSANCE PLANNING GROUP INTRODUCTION The 8.4-acre parcel on the southeast corner of the Maguire Road at the Roberson Road/Moore Road intersection has been proposed for development as part of the larger Westridge PUD, which has a total acreage of 76.3 acres. The designation in the future land use plan for the entire Westridge PUD is Low Density Residential (LDR). The Applicant/Developer has requested a land use change for the 8.4 acres parcel to Commercial, necessitating a Small Scale Comprehensive Plan Amendment. The recently completed 2004 traffic counts indicated higher-than-expected traffic volumes on Maguire Road and its environs. As a result, the City of Ocoee would like to reassess the Maguire Road corridor south of the Turnpike to determine the following: • What impact will continued development in accordance with the future land use map have on the levels-of-service; and • What impact will an increase in land use intensity, i.e.,changing the designation of a parcel from Low Density Residential to Office/Retail, have on the available future capacities of the roads near this parcel. This analysis will focus on four road segments in the Maguire Road Corridor subarea: Maguire Road between Gotha and Roberson; Maguire Road between Tomyn and Roberson; Moore Road east of Maguire; and Roberson Road between Windermere and Maguire. The study area focuses on a subarea that is roughly 1,734 acres, bounded by the Florida Turnpike to the north, 7th Avenue to the east, Park Ridge Gotha Road to the south, and Tomyn Boulevard to the west. In order to project the future traffic on the four segments, a parcel-based trip generation analysis was conducted on the remaining undeveloped parcels in the subarea. The trips were then distributed on the four segments proportional to current traffic patterns and added to the 2004 average daily traffic (ADT). The result is the future traffic volume and level of service (LOS) for two development scenarios — one that assumes approval of the 8.4 acre Westridge parcel as Commercial and the other that assumes the 8.4 acre parcel is developed as LDR with a density identical to the residential component of the Westridge PUD. This analysis follows the methodology of the FDOT Site Impact Handbook with modifications for application at the subarea level rather than the site level. ANALYSIS The following steps were taken to determine the future ADT on the four roads within the subarea: 2 DRAFT 8/6/2004 '<, South Maguire Road Corridor Analysis { RENAISSANCE PLANNING GROUP STEP 1: IDENTIFY LAND USES Thirteen developments were considered for this analysis and are identified in Figure 1. Table 1, below, lists all developments included in this analysis, as well as their size (in square footage or dwelling units), and the trip generation from each. The first two developments in Table 1 (ID # la and lb) represent the two possible Westridge development scenarios and are included in the analysis exclusive of one another. The number of units or square footage was determined from either current development plans or by calculating the maximum allowable development according to the future land use plan. For the two Westridge parcels, the trip generation came directly from the Westridge traffic study. Figure 1 —Subarea Map,Future Land Use 1lI �., I,I,I,,1 �<:1111 H191I nfl I ,,..,e- :—.1k III I 1.11111 �j 12.200000sfflexspace � zg l ► , /..,4_, .. III 1•11111 b�r z It111111111 11. 153,000sf retail sin ;r.. 40__, r1x,I • in .. 11 11 �. l a ' 10.830 student elementary school �,�-.1' �• 1 •�"I'"- t-'17351"4"/\_ 4" 11IIIIIi iirinn 5t1111I1ua r" ::e: 'I.., 1 13.89800sf office . +�•turtr = =.i •�, -*l j. IF"' �.�.n'1 ` ��'.�S :�� fid' l� 100 X800 sf retail 11■•j' .�1' - tnNr t t ....Mir ;�_; .p��'"�•�'�'1��► I �alraay ..o,a Uinta*, , �ivanua' I nuuunu>, at anal wi:.,. ' ��aexnvull ' 9.360 multi family ,Ilnwunr `�■ Ia., " Ef�l.W a n•--mg: �O P 111 -ua.� 6.60,OOOsf retail `• i,,,,,,,,,,,,,,,, uuurol Ing _ i774 -�y� a i' y,.E r.2;"nuux. »�Ij.y�i lyi._-�..�.-Ir r�� l-- L�111111:Iliiiiiiillli w"u � 11111111-__ 4.165 multi family I "I ��r`f(4 1!^� aLUdt1_'i.xxurj e "n� '7'1111111F 1 i_ 5.15,000sf office ._• ::-.!Lx� – 1\11 1111 - 6.100 00sf office q'•' �. =1l A '�� 1 .,z... �akr3.70,000sf retail N.,,,. 2.6„ej ,... IP rIL..7�-•- N --1131%..u.01 4 111 oru�. �S i� faux=.= ,�Igiiiiiiista AIM `.. �_ ailli !,xl,r,u. 1GeAs/eaw j 11111111111121 �IIIIfl11///1Atli [� fat '�: ripaw........ �'�lla 11:1111.. ,`' Ill ' uuw7 yq, UH//� '_ F'�pxuxN N ,Ny„r "1 `'` _I�/1l�Sr J.. IIIII�4 ao'1a1u , ..„St IHh, r it a • mi(®inu r :I/Ilae,r,r.��:4. :4iY L2.152single family = iii tlwtt',1ti t`.•� _ mnoutl 7.230 bed assisted living r ,„ _ p �, • `- ■u ■Int l• I ,;.,, : �ff�l�/N�I��Is , ' -1— Z%,42,960sf retail ; _.� � , .a„ . 180 multifamily +rv,� _=='�� 1.Proposed:50000sf office and 40000sfretail \`+ (Tito fet �bpA ousts' I r,''n. FLU:35 single family pTk r' ir u,,T,:i : aux , _ _ ___ �i"I'-i VI ��,.^� r'W :Iis.•� aha .`.'�' 331i-rigsz_ ■ itRa-firi.moi % •�r 6 i1.• NIP ti 3 DRAFT 8/6/2004 RENAISSANCE PLANNING GROUP South Maguire Road Corridor Analysis Table 1 —Land Use by Development in Subarea MAP DEVELOPMENT FUTURE OR PROPOSED LAND DEVELOPMENT RETAIL SF (R)/ OFFICE ID SIZE (AC) USE NAME SF(0) / # OF UNITS (U) 1 a 8.8 Commercial(Proposed Westridge Future Land Use) 50,000 0; 40,000 R I I> S S Low density residential Westridge (Existing Future Land Use) 35 U 2 67.5 Low density residential Westridge 152 U 3 7.8 Commercial 70,000 R 4 11.5 • High density residential Key Isle 165 U 5 1.4 Professional offices/services 15,000 0 6 24.2 Professional offices/services 100,000 0 7 5 Assisted living Belmere 130 U 7 4 Commercial/professional Belmere 42,960 R 7 15.7 Multi-family Belmere 180 U 8 11.7 Commercial 60,000 R 9 39.3 High density residential Wesmere 360 U 10 School/retention pond 830 students 11 17 Commercial 153,000 R 12 27.9 Flex space 200,000 0 13 22.4 Commercial 100,800 R Source: City of Ocoee Community Development Department STEP 2: TRIP GENERATION The Institute of Transportation Engineers' Trip Generation (ITE) 7th Edition was used to calculate the number of trips generated by each development. The codes used are listed in Table 2 while the equations corresponding to each ITE code can be found in Table A-1 in the technical appendix. These equations were used to calculate trip generation as a factor of either the number of units or the square footage of a development. 4 DRAFT 8/6/2004 ` ., South Maguire Road Corridor Analysis -s RENAISSANCE PLANNING GROUP 4.•, • The total trip generation was then reduced by a rate established in the City of Ocoee's impact fee calculations for each land use to account for pass-by trips (trips made on the way to another destination that require no route diversion). This reduction is supplemented by a blanket reduction of 25 percent to account for internal capture (trips that originate in and do not exit the subarea) as this is the highest reasonable rate suggested by the FDOT Site Impact Handbook and thus results in the most conservative trip generation. Table 2 shows these reduction rates and trip calculations Note: A growth factor was not applied to current trips as the parcel-by-parcel buildout analysis accounts for all future traffic growth, thus overcoming the possibility of double counting future trips. Trip generation was not estimated for the elementary school because school trips are typically not included in concurrency analyses. Table 2—Trip Generation by Development in Subarea MAP ITE CODE GROSS TRIP PASS-BY RATE SUBTOTAL INTERNAL TOTAL ID GENERATION TRIPS CAPTURE TRIPS la 710, 820 - - - 3,557 lb 210 396 0% 396 2500 297 2 210 - - - - 1,524 3 820 5,386 52% 2,585 25% 1-,939 4 230 982 0% 982 25% 737 5 710 310 8% 285 25% 214 6 710 1,334 8% 1,227 25% 921 7 254 712 26% 527 25% 395 7 820 3,921 51% 1,921 25% 1,441 7 230 1,058 0% 1,058 25% 793 8 820 4,872 52% 2,339 25% 1,754 9 230 1,907 0% 1,907 25% 1,430 10 520 - 0% - 25% - 11 820 8,953 39% 5,462 25% 4,096 12 770 2,552 18% 2,093 25% 1,569 13 710, 820 8,052 8%/39% 5,292 25% 3,969 Sources: ITE Trip Generation 7th Edition,City of Ocoee,FDOT Site Impact Handbook 5 DRAFT 8/6/2004 RENAISSANCE PLANNING GROUP South Maguire Road Corridor Analysis STEP 3: TRIP DISTRIBUTION AND ASSIGNMENT The reduced trips were then distributed and assigned to the four roads proportional to 2004 ADT rates. Because this analysis is of 24-hour trip rates, which include all trips to and from destinations throughout the day, the directional split on each road is nearly a 50-50 split. The proportions are more useful to distinguish which road will be used to access a particular site. For example, a development at the intersection of the four roads will be accessed via the northern section of Maguire Rd by 44 percent of the site traffic while Roberson Road will only be used by 19 percent. It should be noted that Maguire Road, which was recently widened from two to four lanes, is the main north-south thoroughfare south of the Turnpike. Southern Ocoee has very limited north- south access, therefore most of the trips entering or leaving the subarea must use Maguire Road. Tables A-2 and A-3 in the technical appendix display the distribution percentages and the number of assigned trips to each road segment by development in the subarea. The sum of all assigned trips was determined for each roadway in the subarea. This total is the future ADT which will be added to the system based on the development of all parcels within the subarea. RESULTS Table 3, below, shows information on the current condition of the four roads as well as the capacity at the adopted LOS and projected 2020 traffic according to the 2002 Comprehensive Plan. The 2004 counts form the baseline upon which the two Westridge scenarios are built. Table 3—2004 Traffic Volumes and Adopted LOS 2004 COUNTS ADT ADOPTED PROJECTED 2020/ 2020 LOS CAPACITY/ % OF %OF 2004 ROAD SEGMENT ADT V/C LOS 2004 COUNTS* COUNTS** Roberson to Maguire Tomyn 20,551 0.60 A D 34,200 / 60% 27,300 / 75% Gotha to Maguire Roberson 14,764 0.85 D D 17,400 / 85% 16,000 / 92% Windermere Roberson to Maguire 8,659 0.72 C D 12,100 / 72% 8,800 / 98% Moore Maguire to 7" 2,369 0.17 C D 14,200 / 17% 8,300 / 29% Sources: City of Ocoee Comprehensive Plan, 2004 counts collected on June 8`h,2004 *2004 ADT / Capacity of Roadway **2004 ADT/ Projected 2020 ADT 6 DRAFT 8/6/2004 South Maguire Road Corridor Analysis RENAISSANCE PLANNING GROUP Table 4 displays the results of the trip assignment to each road in the subarea. The left portion shows trips added to each road based on office and retail development in the Westridge parcel while the right half shows trips added to each road based on single family housing in the Westridge parcel. Table 4—Assigned Future Trips TOTAL TRIPS W/ TOTAL TRIPS W/ OFFICE &RETAIL SINGLE FAMILY (PROPOSED FLU) (EXISTING FLU) % DIFFERENCE ROAD SEGMENT ADT ADT ADT Roberson to 9.7% Maguire Tomyn 16,368 14,922 Gotha to 17.5% Maguire Roberson 6,977 5,938 Windermere 15.9% Roberson to Maguire 4,448 3,839 Maguire to 17.5% Moore 7th 1,119 953 The left portion of Table 5 shows the traffic volume at buildout for each of the four roads intersecting at the Westridge parcel along with the v/c ratio and LOS at the future traffic volumes assuming that the parcel is developed as office and retail. The right portion shows the same information assuming that the parcel is developed as single-family housing. In either scenario, all but Moore Road are projected to be over capacity at buildout and at a LOS of F although the volumes are roughly five percent higher under the office and retail scenario. 7 DRAFT 8/6/2004 RENAISSANCE PLANNING GROUP South Maguire Road Corridor Analysis Table 5—Existing Plus Assigned Future Trips BUILDOUT W/OFFICE & BUILDOUT W/SINGLE RETAIL(PROPOSED FLU) FAMILY (EXISTING FLU) DIFFERENCE ROAD SEGMENT ADT V/C LOS ADT V/C LOS ADT Maguire Roberson to Tomyn 36,919 1.08 F 35,473 1.04 F 3.9 Maguire Gotha to Roberson 21,741 1.25 F 20,702 1.19 F 4.8 Windermere to Roberson Maguire 13,107 1.08 F 12,498 1.03 F 4.6 Moore Maguire to 7th 3,488 0.25 C 3,322 0.23 C 4.8 Note:These traffic volumes are a conservative estimate and do not include trips generated by the proposed elementary school. In addition,a 25 percent internal capture rate has been applied to all traffic generation,in addition to further reduction from pass-by trips. Under either development scenario, current development patterns will lead to highly congested roadways throughout the subarea. 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Recommendation: Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff recommends that the Mayor and City Commissioners adopt Ordinance 2004-19, approving the Second Revised Land Use Plan and Preliminary Subdivision Plan for Westridge PUD, as date stamped received by the City on June 25, 2004, including: • approval of all the waivers except Waiver#5, • requiring the developer to continue the brick wall along the southern part of the property to the wetlands. • requiring that the Final Subdivision Plan provide additional buffering and landscaping adjoining the commercial and office sites on the south side of the entry road in order to screen the commercial office sites from the residential development to the south, • approval of the Second Amendment to the Second Developer Agreement, and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. Background Summary: The property is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The Westridge PUD property includes about 76.339 acres with 14.084 acres as wetland/conservation. The Revised Land Use Plan shows 50.9 acres devoted to single-family residential and two parcels (4 acres and 5 acres) devoted to commercial and office uses. There is a 14.1 acre conservation (wetland) area with a 1.1 acre surrounding buffer. The net developable area is 59.72 acres. The Preliminary Subdivision Plan shows a single-family residential subdivision comprising the eastern 2/3 of the Westridge property with 152 lots. These lots average 60 feet by 105 feet and have 20-foot front setback lines. The developer is requesting seven (7)waivers. Fiscal Impacts: Not Applicable Commission Action: Reviewed by City Manager 401, Reviewed by City Attorney Ordinance & Developer Agreement attached Reviewed by Finance N /A Mayor beCentel of Good Lives Commissioners S. Scott Vandergrift g Danny Howell, District 1 Scott Anderson. District 2 City Manager L Rusty Johnson, District 3 Robert Frank t p ! f Nancy J. Parker, District 4 a STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Russ Wagner, AICP, Community Development Director � DATE: August 9, 2004 RE: Westridge PUD Second Revised Land Use Plan and Preliminary Subdivision Plan Ordinance 2004-19 ISSUE Should the Mayor and City Commissioners adopt Ordinance 2004-19, approving the Second Revised Land Use Plan and Preliminary Subdivision Plan for Westridge PUD Subdivision? (Consideration of this item is totally dependent on approval of the companion Small Scale Comprehensive Plan Amendment—Ordinance 2004-18.) BACKGROUND/DISCUSSION Location and Existing Land Use: The property is located at the southeast quadrant of the intersection of Maguire Road and Moore Road. The Westridge PUD property includes about 76.339 acres with 14.084 acres as wetland/conservation. The developable part of the property is currently undeveloped and is covered with rows of pine trees and scattered hardwoods. History: This PUD was annexed and approved on November 20, 1990 with a Future Land Use Map designation of "Single Family Residential" (up to 2 units per acre). In September, 1991 the City Commission adopted an updated Comprehensive Plan, with a Future Land Use Map designation for this property as "Single Family Residential" (up to 4 units per acre). There was a question of the need to widen 7 Ave. since it was a private road and did not meet the minimum 60 feet right-of-way required by the County for access at that time. The City Commission adopted a Revised Land Use Plan on April 21, 1992 [attached] for the Westridge property that identified 3 areas for single family residential totaling 245 dwelling units, a recreation center on 1.7 acres, and areas for conservation and open space (18 acres). Adiacent Existing Land Uses and Zoning: The surrounding land to the north has been developed as Plantation Groves PUD with commercial, multi-family, and single family residential uses; a commercial/high density residential PUD to the west is planned on vacant land in unincorporated Orange County; to the east is a single family residential subdivision and vacant land both of which are in unincorporated Orange County; and to the south is the Windsor Landing single family subdivision, Freedom Park and Thombrooke Elementary School, zoned R1-AA. Small Scale Comprehensive Plan Amendment: The request for an amendment to the current PUD requires the City Commission to approve a Small Scale Comprehensive Plan Amendment to the Future Land Use Map changing the designation of an 8.4 acre parcel located in the northwest portion of the larger Westridge PUD from "Low Density Residential" to "Commercial". A similar Small Scale Comprehensive Plan Amendment..to amend the Future Land Use Map from "Low Density Residential" to "Commercial" was denied by the City Commission on October 6, 1998. This issue is to be considered as a separate item preceding consideration of this request. This Staff Report was written as if the Small Scale Comprehensive Plan Amendment were approved. DISCUSSION: The Revised Land Use Plan shows 50.9 acres devoted to single-family residential and two parcels (4 acres and 5 acres) devoted to commercial and office uses. There is a 14.1 acre conservation (wetland) area with a 1.1 acre surrounding buffer. The net developable area is 59.72 acres. The Preliminary Subdivision Plan shows a single-family residential subdivision comprising the eastern 2/3 of the Westridge property with 152 lots. These lots average 60 feet by 105 feet and have 20-foot front setback lines. At the southeast quadrant of the intersection of Maguire Road and Moore Road are four (4) commercial lots. South of the commercial lots is the wetland area that will be preserved for conservation and open space. The main entrance into the Westridge PUD is from Maguire Road with an access to the commercial lots and to the residential subdivision. There will also be an access point from 7th Avenue into the residential subdivision. The subdivision will be a gated community. There will be three stormwater retention ponds, with one enhancing the community park that will include a pool, community meeting room, pavilion, tot lot and open play area. There will be a 25-foot buffer between the commercial and residential portions of the PUD with a 7-foot high brick wall within this buffer. Sheet 2 shows the additional right-of-way that will be dedicated by the Applicant to the City as indicated in the table "Ownership, Operation & Maintenance of Tracts & Easements"; they are Tracts J, K, L, M. There will be a 6 to 7-foot brick wall within a 10-foot wide landscape wall easement with appropriate landscaping along the full length of the south side of Moore Road and along the west side of 7th Avenue fronting the proposed subdivision. Orange County will be providing the water and sewer service while solid waste and reuse water service will be provided by the City. The property owner will provide additional road right-of-way for: • Right and left turn lanes from Maguire Road onto "A" Boulevard; • Right turn lane from Maguire to Moore Road; • A right turn lane from Maguire Road into the commercial parcel; • Right and left turn lanes as required from Moore Road into the commercial and the office entrances; A Development Agreement incorporating all Conditions of Approval and roadway dedications is under review by the City Attorney. Additionally, this project is subject to conditions contained in a separate agreement between the City and the developer regarding 7th Avenue. An attached report from the City Attorney outlines these issues. Waiver Requests by the Developer: The developer is requesting seven (7)waivers. Staff supports these waivers. They are: Waiver#1: To decrease the required recreation area of 5% of gross land area (2.48 acres) to 2.30 acres, because the 3.7 acre lake area is adjacent to and integral with the park and enhances the amenity. S Waiver#2: To not be completely restricted to any development within 25 feet of wetland boundaries but rather use an average of 25 feet of no development within the upland buffer, because the upland and wetland preservation and mitigation for impacts will be consistent with the St. Johns River Water Management District and the City of Ocoee permitting requirements. Waiver#3: To reduce the access driveway separation requirement of 350 feet from arterial street to less than 350 feet from arterial street (16e feet +/- and 337 feet +/- measured along north right-of- way line) from Maguire Road right-of-way line. This waiver request is necessary for traffic circulation for proposed site plan and consistent with findings of traffic study by Glatting Jackson et al. Waiver#4: To eliminate the sidewalk required along all rights-of-way, but rather allow for only a 6-foot sidewalk on the north side only of the entry boulevard, due to wetland and buffer preservation on the south side. Waiver#5: To allow a wall to be erected higher than the 6-foot maximum up to 7 feet between the office and residential portions of the PUD. This would allow increased privacy desired between commercial/office and single family residential. Waiver#6: To reduce the required setback line along Maguire Road (arterial road)from 50 feet to 36 feet, due to dedication of 12 feet additional right-of-way to the City for road widening. Waiver#7: To reduce the required setback line along Moore Road (collector)from 35 feet to 23 feet, due to dedication of 12 feet additional right-of-way to the City for road widening. RECOMMENDATION DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) reviewed the Westridge PUD Revised Land Use Plan and Preliminary Subdivision Plan on June 15, 2004. There was discussion on revising the Land Use Plan and the Preliminary Subdivision Plan with the developer agreeing to make certain changes by July 1, 2004. The City Attorney talked about the pending Small Scale Comprehensive Plan Amendment and reminded the developer that Staff was intending to recommend denial of that application.. The DRC voted unanimously to recommend approval of the Westridge PUD Revised Land Use Plan and Preliminary Subdivision Plan, subject to the Small Scale Comprehensive Plan Amendment being approved by the City Commission and subject to all of the changes discussed being made to the plans a week ahead of the Planning & Zoning Commission. These changes have now been made to the plans dated June 25, 2004. PLANNING AND ZONING COMMISSION RECOMMENDATION: The proposed Second Revised Land Use Plan and Preliminary Subdivision Plan for Westridge PUD was reviewed by the Planning and Zoning Commission on July 13, 2004. There was a discussion concerning a 25-foot buffer and plantings screening the residential and commercial land uses and along the entry road adjoining the wetlands. The consultant said they plan to address the buffering and plantings as each commercial lot is developed. The City Attorney said that that may present a problem in that the City Commission would approve an Preliminary Subdivision Plan which would call for a buffer but doesn't require a landscape plan. At a later date, a site plan would be submitted but the Planning and Zoning Commission and the City Commission would not get to review it. The staff would have no legal basis to require landscaping in a buffer which would be off-site to the commercial development to which they would be seeking approval. A Condition of Approval was discussed which would require additional landscaping in the buffer along the southern part of the road. The plantings would • involve a combination of overstory and understory but with a lot more understory trees. It was felt that the applicant should address additional buffer or landscaping requirements at the Final Subdivision Plan stage rather than to impose it at the site plan stage. It was mentioned that a wood fence would be erected along Thombrooke Road rather than a brick wall along the park and the school. A brick wall is required along collector and arterial roadways, but Thombrooke Road will no longer be a collector road after 7th Avenue is opened and the gate is closed at the school. The developer is not required to develop 7th Avenue. Orange County Public Works Dept. will put in a cold-paved road there. There was a discussion of sidewalks being placed on 7th avenue and installing landscaping. There was a discussion on the height of the brick wall within the subdivision from the 6-foot high to 7 feet high. A desire was also expressed that there should be a brick wall around the whole subdivision other than the wetlands and it be part of any motion to approve the subdivision. When the discussion was finished, the Planning and Zoning Commission voted to recommend approval of the Second Revised Land Use Plan for the Westridge PUD and Preliminary Subdivision Plan including approval of all waivers except # 5, plus require the developer to continue the brick wall along the southern part of the property to the wetlands, and that the Final Subdivision Plan require additional buffering and landscaping adjoining the commercial and office sites on the south side of the entry road in order to screen the commercial office sites from the residential development to the south. The motion passed by a vote of 7 to 1. STAFF RECOMMENDATION: Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff recommends that the Mayor and City Commissioners adopt Ordinance 2004-19, approving the Second Revised Land Use Plan and Preliminary Subdivision Plan for Westridge PUD, as date stamped received by the City on June 25, 2004, including: • approval of all the waivers except Waiver#5, • requiring the developer to continue the brick wall along the southern part of the property to the wetlands. • requiring that the Final Subdivision Plan provide additional buffering and landscaping adjoining the commercial and office sites on the south side of the entry road in order to screen the commercial office sites from the residential development to the south, • approval of the Second Amendment to the Second Developer Agreement, and authorizing the Mayor and City Clerk to execute said Agreement on behalf of the City. Attachments: Location Map Future Land Use Map Zoning Map Ordinance 2004-19 Westridge PUD Revised Land Use Plan,date stamped May 11, 1992 Westridge PUD Second Revised Land Use Plan,date stamped July 2,2004 Westridge PUD Preliminary Subdivision Plan,date stamped July 2,2004 City Attorney Report on 7'h Avenue Development Agreement Development Agreement O:\Staff Reports\2004\SR04057 CC.doc Westridge PUD Location Map fiN_...e . 0 cs, E? 111111 V - L-- - _____ ' , e4t. ., too 4/ - ni40 ,...1. =‘iil& 14 , — 1 0 ins*i s J r � ..._.__. it J v.hulL p ere, „ 'K Moore Road o0 -0 D IA Ca Parcel A rcm 1. z 2 Parcel B cn m ask MOOR lh �° Freedom Park �nebro° Thornebrooke Elementary — '', School W 0 I BRAELOGK _mks. 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L- LL. ~ N = y O (6 O N (6 O N E O al n3 aDi ° O m m a� a� ot5 a a) `m nz a� p cn o :a.5 -oU c _c 0) m 0) a> w -0 w m E cin c E o� v Y DEE c _c _c c o 0 ca D ca 0) C .n O 2 2 a_ Z U 02ozs CD U J 2 2 D J a ® r ti- A ORDINANCE NO. 2004-19 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE WESTRIDGE PUD ON CERTAIN REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF MAGUIRE ROAD AND MOORE ROAD AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE WESTRIDGE PUD LAND USE PLAN TO PROVIDE FOR 8.8 ACRES OF COMMERCIAL DEVELOPMENT WITHIN THE WESTRIDGE PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property located within the corporate limits of the City of Ocoee, Florida, as described in the Exhibit "A" has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the "Amendment") to the Westridge PUD Revised Land Use Plan, as approved by the Ocoee City Commission on April 21, 1992 (the "Land Use Plan"); WHEREAS, the Amendment was scheduled for study and recommendation and was reviewed by the Development Review Committee ("DRC") on June 15, 2004; WHEREAS, the DRC recommended approval of said Amendment; WHEREAS, the Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida("PZC"); and WHEREAS, on July 13, 2004, the PZC held an advertised public hearing and recommended approval of the Amendment; and WHEREAS, the Ocoee City Commission held a de novo public hearing with public notice thereof with respect to the proposed Amendment and this Ordinance on August , 2004; -1- ORDINANCE NO r I WHEREAS, the Ocoee City Commission considered this Ordinance in accordance.vith the procedures set forth in Section 166.041(3), Florida Statutes, and determined that this Ordinance is consistent with the Ocoee Comprehensive Plan, as amended by Ordinance No. 2004- NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to the Land Use Plan. The Westridge PUD Second Revised Land Use Plan, which is attached hereto as Exhibit "B" and by this reference incorporated herein, is hereby approved. Said Second Revised Land Use Plan supercedes and replaces all previously approved Land Use Plans for the Westridge PUD. SECTION 3. Conditions of Approval. The property described in Exhibit "A" hereto shall be developed in accordance with and subject to the Conditions of Approval set forth in the Second Revised Land Use Plan. Said Conditions of Approval supercede and replace all previously approved Conditions of Approval. SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, as amended by Ordinance No 2004-_ SECTION 5. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed and rescinded. -2- ORDINANCE NO SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or potion 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 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Name: S. Scott Vandergrift, Mayor Title: (SEAL) ADVERTISED , 2004 READ FIRST TIME , 2004 READ SECOND TIME AND ADOPTED , 2004 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _day of , 2004. FOLEY & LARDNER LLP By: City Attorney -3- ORDINANCE NO r EXHIBIT "A" Legal Description • DESCRIPTION OF OVERALL BOUNDARY: That part of the North 1/2 of the Southwest 1/4 of s Sefollction Township 22 East, Range 28 East, Orange County, Florida, described Commence at the Southwest corner of Section332, Township Southwest 2 2 South, th, Raofngesa8 East, and run N 00'21'38" W along the West line Section 32 for a distance of 1330.98 feet to the Southwest thwest47 5nerr E of along thrt 1/2 of the Southwest 1/4 of said Section 32; thence t o point on h line of said North 1/2 of the Southwest o d4 (Countyo4 for adistance 439),60.00 Said poitbeiang the East right—of—way line of Maguire R the POINT OF BEGINNING; thence run N 0021'58" W along said right—of—way ve line for a distance of 1255.66 feet to the fee point aocentrolongle of nd f curvature curve 90'17'33";athene Southeasterly having a radius of 35.00et to run Northeasterly along the arc of said rve for a E along 'etance of 55. 6 South right,off eway the of point of tangency, thence run N 89'55'55" Moore Road as described in Official Records Book 4343, Poet 4532, oft line of said Public Records for a distance of 2547.37 feet to a point North 1/2 of the Southwest 1/4; thence run S 00'20'36" E along said line for a distance of 1284.83 feet to the Southeast corner thereof; the ce un1/ for 890 distance along the aforesaid South line of the North 1/2 of the of 2582.14 feet to the POINT OF BEGINNING. Containing 76.339 acres more or less and being subject to any rights—of—way, restrictions and easements of record. -4- ORDINANCE NO EXHIBIT "B" [Insert Westridge PUD 2" Revised Land Use Plan] ORDINANCE NO 2004-19 -5 ' Agenda 08-17-04 Item VI.A.2.d. FOLEY FOLEY& LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0442 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney DATE: August 6, 2004 RE: Westridge PUD (Project No. LS-91-002-B):Second Amendment to Second Developer Agreement;Procedural Issues Related to Consideration of Applications Related to the Westridge PUD ISSUE: Should the City Commission approve the Second Amendment to Second Developer Agreement between Devworth Properties, Inc. and Glenmuir Properties, Ltd, as Developers, and the City? DISCUSSION: Second Amendment to Developer Agreement. In connection with the approval of Ordinance No 92-07, which adopted the current revised Land Use Plan for the Westridge PUD, the City entered into a certain Second Developer Agreement. The terms of the Second Developer Agreement are substantially revised by the proposed Second Revised Land Use Plan such that a discussion of the original agreement is not material to the issues before the City Commission. First Amendment to Second Developer Agreement. On April 2, 2002, the City entered into that certain First Amendment to Second Developer Agreement between Devworth Properties, Inc. and Glenmuir Properties, Ltd. (collectively, the "Developer") and the City of Ocoee (the "First Amendment"). The First Amendment was entered into in order to facilitate the conveyance to the City of certain right-of-way for 7th Avenue. The First Amendment provides that the 7th Avenue right-of-way will be conveyed to the City at the time of approval of a Preliminary Subdivision Plan("PSP")by the City Commission. In the event the PSP is approved by the City Commission, then Devworth would be obligated to convey the 7th Avenue right-of- way to the City without any road impact fee credits or other payment by the City. It is 006.344556.1 FOLEY&LARDNER LLP :FOLEY anticipated that a deed to the 7th Avenue right-of-way will be provided to the City in escrow prior to the August 17 public hearing on the PUD Amendment. The First Amendment contemplated that the Developer would submit to the City applications for a Small Scale Comprehensive Plan Amendment for approximately 9 acres of commercial property and a proposed PSP consistent with the proposed Comprehensive Plan Amendment. The applications which are currently before the Commission for consideration are the applications contemplated by the First Amendment. However, the First Amendment did not in any way obligate the City to approve the Commercial Use Small Scale Comprehensive Plan Amendment or a PSP consistent therewith. In the event the City Commission approves the PSP submitted by the Developer, then Devworth will be obligated, contemporaneous therewith, to convey the 7th Avenue right-of- way to the City. In order for the City to approve the PSP, it must first approve the Commercial Use Small Scale Comprehensive Plan Amendment so that the PSP would be consistent with the Comprehensive Plan. If the City Commission does not approve the PSP, then Devworth would not be obligated, at this time, to convey the 7th Avenue right-of-way to the City. Devworth would however be obligated to convey such right-of-way at such later date as they submit to the City a Preliminary Subdivision Plan and obtain approval thereof. At the time of the First Amendment, it was contemplated that an application would be submitted by July 1, 2002 and that final action would be taken by the City on the Comprehensive Plan Amendment and PSP applications by June 1, 2003. This schedule would have allowed for the improvement of 7th Avenue during the Summer 2003. Based on the current schedule, it is likely that 7th Avenue would be improved sometime in the Fall 2004 in the event the PSP is approved consistent with the Commercial Use Small Scale Comprehensive Plan Amendment. The City Commission has approved a Resolution to condemn the 7th Avenue right-of-way. This would involve the purchase of the right-of-way based on its fair market value. The City has appraised the right-of-way at $72,316.00 and has offered to purchase it for that amount. This offer has not been accepted. If the PSP is approved, then the City would discontinue its condemnation efforts. Second Amendment to Second Developer Agreement. The Second Amendment to the Second Developer Agreement is our standard form agreement which is intended to place in the public records the PUD Conditions of Approval and any Waivers granted by the City. The exhibits thereto will match the terms of the PUD Land Use Plan as approved by the City Commission. Your specific attention is directed to the following Conditions of Approval which are set forth in the Second Amendment and the Second Revised PUD Land Use Plan for Westridge: 1. The Developer is required to convey the 7th Avenue Right-of-Way (Tracts J and K) contemporaneous with the approval of the Land Use Plan and PSP. No impact fee credits are provided. 2 FOLEY&LARDNER LLP ATTORNEYS AT LAW 006.344556.1 FOLEY 2. The City is required, at the City's expense, to improve the intersection signalization and masting at Maguire Road and Moore Road so that it is similar to other signalized intersections to the north on Maguire Road. The Developer will prepay the sum of $100,000 in road impact fees which will be applied towards this cost. The prepayment would occur at the time of the first plat within Westridge. 3. Road improvements to be undertaken by the Developer are specifically identified in the COA's. Also, additional right-of-way conveyances are identified. If the City does not approve the small scale comprehensive plan amendment,then no action on this item will be required. If the City approves the amendment, the and the PUD Ordinance,then action on this item is required. RECOMMENDATION: If the City Commission approves Ordinance No 2004- 18 and 2004-19, the it is recommended that the City Commission approved the Second Amendment to Second Developer Agreement and authorize execution thereof by the Mayor and City Clerk. PER/j 1h Enclosure: (1) First Amendment to Second Developer Agreement (2) Second Amendment to Second Developer Agreement 3 FOLEY&LARDNER LLP ATTORNEYS AT LAW 006.344556.1 111111111111111111111111111 OA .A Elf_-; 4E.4 _ r n j e Ca FL 20662-00183225 Rec THIS INSI RUNIENT PREPARED BY: Paul E.Rosenthal,Esq FOLEY&LARDNER 111 itotth Orange AN enue.Sake 1500 Post Office Box 2193 Orlando.FL ::2802-2193 (407)423-7656 THIS iNSTRUNIENT SHOULD BE RETURNED TO: Jean Grafton,City Clerk City of Ocoee 150 No:th Lakeshore Drinc Ocoee,Florida 3:5761 Fur Recording Purposes Only Y ( 07)656-23_2 FIRST AMENDMENT TO SECOND DEVELOPER AGREEMENT (Westridge PUD) THIS FIRST AMENDMENT TO SECOND DEVELOPER AGREEMENT (this"Amendment") is made and entered in this ria day of kP R x t 2002 by and between DEVWORTH PROPERTIES, INC., a Florida corporation (''Devw•orth") and GLENN1LiIR PROPERTIES,LTD., a Florida limited partnership ("Gletunuir') (collectively, the"Developer")and the CITY OF OCOEE.a Florida municipal corporation(the"City"). WITNESSETH: WHEREAS, Devworth 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(the"Devworth Land");and WHEREAS,Glenmuir owns fee simple title to certain lands located in Orange County.Florida.said lands being more particularly described in Exhibit"B"attached hereto and by this reference made a part hereof(the"Glenmuir land");and WHEREAS, the Dcvworh Land and the Glenmuir Land arc hereinafter collectively referred to as the"Land";and WHEREAS, the Land lies within the corporate limits of the City of Ocoee. Florida;and WIIEREAS, the Land is currently zoned PUD by the City pursuant to City of Ocoee Ordinance No. 92-07 which approved a Revised Land Use Plan for the Westridge PLD (the"PUD Zoning Ordinance");and WHEREAS,the Land constitutes all of the-Westridge PUD";and cea24422t.5 11111 i11111111111111 111 OR ?K EJr 3 Pn 465 Orange Cc FL 2002-0183225 WHEREAS,pursuant to the PUD Zoning Ordinance, the predecessor-in-interest to the Developer has heretofore entered into that certain Second Developer Agreement dated September 7, 1993 between Jack Schiffman, as developer. and the City as recorded in Official Records Book 4619, Page 2136 of the Public Records of Orange County, Florida(the"Second Developer Agreement*);and WHEREAS, the Developer is the successor in title to Jack Schiffman under the terms of the Second Developer Agreement;and WHEREAS. the Developer and the City desire to amend the Second Developer Agreement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration 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 are incorporated herein by reference. Section 2. Conveyance of Right-of-Way. (A) At the time of approval of a Preliminary Subdivision Plan for the Land by the Ocoee City Commission (the"Approved PSP"),Dcvworth shall convey to the City certain right-of-way for 7th Avenue,said right-of-way being more particularly described in Exhibit"C" attached hereto and by this reference made a part hereof(the"Right-of-Way Land"). The Right- of-Way Land shall be conveyed subject to the following deed restriction: "This conveyance is made subject to the following restriction: Use of the Right-of-Way Land with aboveground power poles and'or lines is expressly prohibited". (B) The Right-of-Way Land shall be conveyed by Devworth by special warranty deed free and clear of all liens and encumbrances except for those matters set forth in Exhibit "D" attached hereto and by this reference made a part hereof (the "Permitted Exceptions"). The form of the special warranty deed shall be subject to the approval of the City. Devworth shall, contemporaneously with the conveyance of the Richt-of-Way Land provide a current attorney's opinion of title, or a current title commitment, to he followed by a policy of title insurance in the amount of S10,000.00, evidencing that fee simple title to the Right-of-Way Land is free and clear of all liens and encumbrances except for the Permitted Exceptions. The costs and expenses related to the conveyance of the Right-of-Way Land, including the cost of title work, shall be borne solely by De�wvorth. Real property taxes on the Right-of-Way Land shall be prorated as of the day before the acceptance of the conveyance of the same, and the prorated amount of such real property taxes attributable to Devworth shall be paid and escrowed by Dcvworth in accordance with the provisions of Section 196.295. Florida Statutes; provided. however, that if the conveyance occurs between November 1 and December 31, then Devworth shall be responsible for the real property taxes for the entire year. (C) Neither the Developer,its successors and assigns,nor any other person or entity shall be entitled to any road impact fee credits or other compensation of any kind for,on account of,or with respect to the conveyance of the Right-of-Way Land. oc5.244221.5 III 11111 11111I 1 1111 1 1111 JR £'k X503 Pg 4G6 prance Co FL 28022-0183225 (D) The conveyance of the Right-of-Way Land will discharge ali of the Developer's obligations under the W'estridge PUD, the PUD Zoning Ordinance and the Second Developer Agreement as they relate to 7'h Avenue. Section 3. 714 Avenue Improvements. (A) It is anticipated by the parties hereto that, upon the conveyance of the Right-of-Way Land, Orange County (the "County") will utilize the County's alternative pavement process(commonly referred to as"cold paving")as currently in place on ti'Street to improve 7' Avenue as a paved public roadway with a sidewalk on the west side thereof (collectively,the"7`h Avenue Improvements"). Nothing contained in this Amendment shall be construed to obligate or require the City or the Developer to make the 7"'Avenue Improvements. (B) In connection with the development of the Land and the approval of a preliminary and final subdivision plan with respect thereto, the City hereby aerees as follows with respect to 7`h Avenue: (1) The Land shall be developed using 7`h Avenue as a secondary residential access and no other secondary residential access will be required; provided, however, that the County shall have first completed the 7th Avenue Improvements at no cost to the Developer. (2) If the 7`" Avenue Improvements are not completed at the time of • development of the Land, then the Developer shall construct a stubout to 7`' Avenue and connect to 7th Avenue at such time as the 7'' Avenue Improvements are complete. (3) The Developer will not be required to make any improvements to 7th Avenue within the Right-of-Way Land, including but not limited to paving. drainage,sidewalks,acceleration lanes and deceleration lanes. (C) No construction activities shall be undertaken by the Developer within the Right-of-Way Land other than as necessary to complete any improvements shown on the Approved PSP,including,but not limited to,the connection of the paving front the Land to the 7"Avenue Roadway Improvements. (D) The provisions of this Section 3 supercede the requirements of the t'ti estridge PUD,the PUD Zoning Ordinance and the Second Developer Agreement with respect to the matters addressed herein. Section 4. Conflicts. In the event any conflicts between this Amendment and the Westridge PLED, the PUD Zoning Ordinance, the Second Developer Agreement. or any other agreements with respect to the Land,it is agreed that this Amendment shall control. In the event of any conflict between this Amendment and any future preliminary and final subdivision plan with respect to the Land,or any portion thereof,it is agreed that this Amendment shall control. Section S. Condition Precedent to Effectiveness. The Developer has advised the City that it intends to apply to the City for (i) a small scale amendment to the City's 3 coss.244221.5 111111111 111111111111111111 OR 8k &ZS3F 45"7 Grange Co FL 2002-018-s225 Comprehensive Plan and for an amendment to the PUD Zoning Ordinance to allow commercial uses instead of residential uses (the "Comprehensive Plan Amendment" and the "Rezoning', respectively)on an approximate 9 acre portion of the Land fronting on Maguire Road(the"Nine Acre Parcel"); and (ii) approval of a preliminary subdivision plan for the Land (the "PSI' Application"). Notwithstanding any provision contained herein to the contrary, to the event the City has not approved the Comprehensive Plan Amendment and the Rezoning with respect to the Nine Acre Parcel and the PSP Application with respect to the Land by the later of (i) one hundred eighty(180) days after the Developer submits applications ,with respect thereto, or (ii) by June I, 2003, then the Developer,at its option,may elect to terminate this Amendment by written notice to the City delivered no later than sixty (60) days after the aforementioned deadline for approval of the Comprehensive Plan Amendment, the Rezoning and the PSP Application. In the event of such a termination by the Developer (i) the panics hereto shall execute a notice of termination in recordable form,such notice to be prepared by the City. and (ii) the Second Developer Agreement shall remain in full force and effect unaffected by this Amendment. In the event the Comprehensive Plan Amendment, the Rezoning and the PSP Application are not approved by the aforementioned deadline and the Developer fails to terminate this Amendment as aforesaid,then the Developer shall be deemed to have waived any right to terminate this Amendment. Section 6. Failure of. Developer to Submit Applications: Withdrawal of Applications. Notwithstanding any provision contained herein to the contrary, in the event the Developer does not submit to the City by July 1,2002 the applications for the Comprehensive Plan Amendment and the Rezoning with respect to the Nine Acre Parcel and the PSP Application with respect to the Land or in the event the Developer submits and subsequently withdraws such applications, then in such event this Amendment shall automatically be terminated. In the etent of such a termination (i) the parties hereto shall execute a notice of termination in recordable form, such notice to be prepared by the City, and (ii) the Second Developer Agreement shall remain in full force and effect unaffected by this Amendment. Section 7. Notices. Notices to the Developer pursuant to Section 3 of the Second Developer Agreement shall hereafter be delivered as follows: Developer: Devworth Properties,Inc. Glenmuir Properties,Ltd. P.O.Box 1260 Windermere,Florida 34786 Notices to the City shall be as set forth in the Second Developer Agreement. 4 Cc5.2a4221.5 IIIIIIIIIIIIIIIIIIIIIIIIII II OR Bk 8,-.00.3 Po 1+68 t"iranws Co FL 2002-0183225 Section 8. Limitations. Excel,: as amended hereby, the Second Developer Agreement remains unchanged and in lull force and effect,and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Second Developer Agreement. All re' rences herein to the Second Developer Agreement shall refer to the Second De eloper Agreement as amended by this Amendment unless the text or context indicates otherwise. Section 9. Effective Date. This Amendment shall become effective as of the date of the last execution by a party hereto. Notwithstanding, if'this Amendment is not approved and executed by the City on or before April 9,2002 this Amendment shall not be effective. IN WITNESS WHEREOF. the Developer and the City have caused this instrument to he executed by their duly authorized elected officials,partners,and/or officers as of the day and year first above written. Shined,sealed and delivered DEVELOPER: in the presence of. DEYWORTII PROPERTIES,INC., a Florida corporation -Print Na:4By' /-� ✓— - S. 'ante •R . • ,r it A�. yr: Title: _"/&s �`. _ P/ .t Name (.10 / - - [^!J //..��3� __„,, tj (CORPORATE SEAL) Signed.sealed and delivered GLENMUIR PROPERTIES,LTD.. in the presence of: a Florida limited partnership By: G.S.N.DEV ELO'MENT,C4WP/I'V ' _ :�� Ci-feral Panne-(� Print. ;, ....lir . �f. Jr- V� 1 '�� By: 144- .7 Nan e: f71vn 0 c—S. Al t✓ t' ,n Name 7_t/ .._I_T"_Ara P,t1,T1%/�{' Title: Pli.{:3iQ�3V i J CO8.2:4221.5 I III 1I1II I I11111i1111111111 OR Sk Ea5121 as 4E3 Oran-ge Co FL 2002-0183e2,5 STATE OF FLORIDA COUNTY OF eie,,r ./G-e. ' I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared F,,oto ,S.,Ni as the .7(134;$0-i,„,-.1- of Devworth Properties, Inc., a Florida corporation, who [ ✓j is personally known to me or [ I produced as identification,and that her/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this a9#day of %7G�/t C---A- ,2002. QreofNotary '‘-.7t-4-7.. a�-- jr11317A L • /IC AI Ai..A-1q _ Name of Notary(Typed, Printed or Stamped) Commission Number{:i,xz legi+l.on oats:._ My Commission Expires rr nu tcktbx on sera>: 1,/.•%:1•,,, JLOrni _ STATE OF FLORIDA A;txag��SrDair� as cxs .•rth 9..� COUN rY OF (ft I HEREBY CERTIFY that on this day,before me.an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared ,oRS.t •r a, t�rz.s:PE r as the C3,,„;,04...' t.of Clelumuir Properties,Ltd.,a Florida limited partnership. who [ _ l .e.S.r) is personally known to me or H ] produced L._ as2.,42. -' identification,and that heishe acknowledecd executing the same on behalf of said partn�_rsaip in 1 "Y the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. 4 Wc_IT,�NESS my hand and official seal in the County and State last aforesaid this a�4rdayof_ .� l2,i_e— 2002. I i e,O;( ,) /(/C-714-c-Kt-a. Si attire of No ary ILI Name of Notary (Typed, Printed or S(carped) Commission Number of res kgitte ns seal): My Commission Expires ter n r lezible on scar): ,A:Di1H t„ttati;NG f 11.`,.1..‘4.1':1'! OYCat.V.1S3ON4CCB775 6 cos,244Z2t 5 ,• # 3x>.^v.t. fPw`K:H`✓x +�•... i IitII11lIlIIIIIIIIIIIllh(IIl tOR Ate E.513 G k-7O Grange Co FL 2 2-3183225 CITY: Signed,scaled and delivered in the presence of: CITY OF OCOEE,FLORIDA Print: aim: M R t1s a N G a s x k S.Scott Vander 'ft, fay r 4 Attest: ! , i !i► ti th1 & • i Jean Grafton, ' ity Clerk Print Name: )t'4 (SEAL) FOR USE AND RELUANCF, APPROVED BY THE OCOEE ONLY BY THE CITY OF OCOEE, CITY COMMISSION AT A MEETING FLORIDA. : proved as to form and HELD ON A•Pki L a. .2002 lega tb day of UNDER AGENDA ITEM NO.V7i .2002. FOLEY •LARDNER By: ��T 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 S. SCOTT 'Ac and JEAN GRAFTON,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 `3 day ol•_ ,2002. C to ) Signature of Notary J)t2 E77J 1 CAA— Name c Name of Notary{Typed, Printed or Stamped) ConimissonNumber fir mt leo*,m 574)- My Commission Ex fires rr not kgarke on sear?: k E2. cc w bs33:T y t,SRES 'a.a:1..1'4:4 7006,244221.5 - 1111 N111111111111111111111 On 5k 6,.,�'i0 Pa 471 Orange Co FL 2002-0183225 JOINDER AND CONSF2N`1 isi S6-C.&. FIRST AMENDMENT TOj1)EV'ELOPER AGREEMENT (West idge PCL)) The undersigned hereby certifies that it is the holder of an indenture of mortgage. dated the ?"" day of October, 1998 and recorded in Official Records Book 5584. Page 4655. Public Records of Orange County, .Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged,does hereby join in and consent to the execution of the foregoing First Amendment to Developer Agreement (Westridge PLTD) and agrees that the lien of its mortgage described hrein above shall be subordinated to the aforedescribed Amendment. �Se .�t Signed,sealed and delivered GORDON S.NUTT,as Trustee under the in the presence of: provisions of unrecorded Trust Agreement dated December 11. 1984 known as the � 5: "Gordon. .Nutt Rcvocab - +rust,. Print Name: PA E. ROSE.133"F1A t / By-.B / ' °.! / GORDON S.NT TT,as Trustee Print Name: 0..po4iiii I 111. STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 1 day of April, 2003,by GORDON S. NUTT, as Trustee under the provisions of unrecorded Trust Agreement dated December ll, 1984 known as the "Gordon S. Nutt Revocable Trust" who is personally known to me,or[ 1 has produced as identi f ication, ehi 57, ,/Z,4, Signature of Notary *k% Prtn= PAUL E. ROSF�TTI;-JAL i rl cc Mases r uacea ,.q t ti �,t�1,25:6 Name of Notary(Typed, Printed or Stamped) Con=s1lon Number if:-A t_iPbtz on Citi: My Corcmission Expires nr net t:rinik an s 1) s CC5 244221.5 THIS INSTRUMENT PREPARED BY: Edward A.Storey,Esq. FOLEY&LARDNER LLP 111 North Orange Avenue,Suite 1800 Post Office Box 2193 Orlando,FL 32802-2193 (407)423-7656 THIS INSTRUMENT SHOULD BE RETURNED TO: Brenda Brasher,Acting City Clerk City of Ocoee For Recordin Pur oses Onl 150 North Lakeshore Drive Ocoee,Florida 34761 (407)905-3100 SECOND AMENDMENT TO SECOND DEVELOPER AGREEMENT (Westridge PUD) THIS SECOND AMENDMENT TO SECOND DEVELOPER AGREEMENT (this "Second Amendment") is made and entered in this day of August, 2004 by and between DEVWORTH PROPERTIES, INC., a Florida corporation ("Devworth") and GLENMUIR PROPERTIES, LTD., a Florida limited partnership ("Glenmuir") (collectively, the "Developer") and the CITY OF OCOEE, a Florida municipal corporation (the"City"). WITNESSETH• WHEREAS, 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(the "Land"); and WHEREAS,the Land lies within the corporate limits of the City of Ocoee,Florida; and WHEREAS, the Land is currently zoned PUD by the City pursuant to City of Ocoee Ordinance No. 92-07 which approved a Revised Land Use Plan for the Westridge PUD (the "PUD Zoning Ordinance"); and WHEREAS,the Land constitutes all of the"Westridge PUD"; and WHEREAS, pursuant to the PUD Zoning Ordinance, the predecessor-in-interest to the Developer has heretofore entered into that certain Second Developer Agreement dated September 7, 1993 between Jack Schiffman, as developer, and the City as recorded in Official Records Book 4619, Page 2136 of the Public Records of Orange County, Florida (the "Second Developer Agreement"); and WHEREAS, the Developer is the successor in title to Jack Schiffman under the terms of the Second Developer Agreement; and 006.344559.1 WHEREAS, the Developer and the City entered into that certain First Amendment to Second Developer Agreement dated April 2, 2002, as recorded in Official Records Book 6503, Page 464, of the Public Records of Orange County, Florida(the "First Amendment"); and WHEREAS, prior to July 1, 2002 the Developer applied to the City for (i) a small scale amendment to the City's Comprehensive Plan (the "Comprehensive Plan Amendment"); (ii) an amendment to the PUD Zoning Ordinance to allow commercial uses instead of residential uses (the "Rezoning"); and (iii) approval of a Preliminary Subdivision Plan for the Land (the "PSP Application"), all in accordance with Section 6 of the First Amendment; and WHEREAS, the Comprehensive Plan Amendment, the Rezoning and the PSP Application were not approved the City by June 1, 2003 which triggered the Developer's right to terminate the First Amendment by written notice to the City, all in accordance with Section 5 of the First Amendment; and WHEREAS, the Developer has waived its right to terminate the First Amendment in accordance with Section 5 of the First Amendment and thus the First Amendment remains in full force and effect; and WHEREAS, in connection with the Rezoning, and in order to comply with Section 4- 5A(5) of Article IV of the Ocoee Land Development Code, the revised Land Use Plan is incorporated into the Rezoning, and the conditions of approval and waivers referenced therein, are incorporated in this Amendment by reference; and WHEREAS, in order to fully comply with the provisions of the Ocoee Land Development Code and to set forth certain agreements between the parties the Developer and the City desire to enter into this Amendment. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration 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 are incorporated herein by reference. Section 2. Development of the Land. (A) The Owner hereby agrees to develop the Land in accordance with that certain Westridge PUD Second Revised Land Use Plan prepared by Donald W. McIntosh Associates, Inc. date stamped as received by the City on June 25, 2004, along with such changes thereto as may be approved by the City Commission in connection with its approval of said land use plan (hereinafter referred to as the "Second Revised Land Use Plan"). The Second Revised Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. (B) The Owner 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"). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The 2 006.344559.1 Conditions of Approval attached hereto as Exhibit "B" are the same as the Conditions of Approval set forth in the Second Revised Land Use Plan. The Conditions of Approval attached hereto supersede and replace all previously adopted Conditions of Approval with respect to the Land. (C) Except as otherwise expressly set forth in this Second Amendment and the Second Revised 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 Land 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 Code, as it may from time to time be amended, and the Second Developer Agreement, as amended, it is agreed that the provisions of the Second Developer Agreement, as amended shall control. Section 3. Waivers from the Ocoee Land Development Code. Pursuant to City of Ocoee Ordinance No. 2004-19, Owner has been granted waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached hereto and by this reference made a part hereof. Section 4. Conflicts. In the event any conflicts between the Second Developer Agreement, as amended, and any other agreements with respect to the Land, it is agreed that the Second Developer Agreement, as amended, shall control. In the event of any conflict between the Second Developer Agreement, as amended and any future preliminary and final subdivision plan with respect to the Land, or any portion thereof, it is agreed that the Second Developer Agreement, as amended shall control. Section 5. Notices. Notices to the City shall be as set forth in the Second Developer Agreement. Section 6. Limitations. Except as expressly amended hereby, the Second Developer Agreement, as amended, remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Second Developer Agreement, as amended. All references herein to the Second Developer Agreement, as amended, shall refer to the Second Developer Agreement as amended by the First Amendment and this Second Amendment unless the text or context indicates otherwise. Section 7. Effective Date. This Amendment shall become effective as of the date of the last execution by a party hereto. Notwithstanding, if this Amendment is not approved and executed by the City on or before August 23,2004,then this Amendment shall not be effective. IN WITNESS WHEREOF, the Developer and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and/or officers as of the day and year first above written. 3 006.344559.1 Signed, sealed and delivered DEVELOPER: in the presence of: DEVWORTH PROPERTIES,INC., a Florida corporation Print Name By: Name: Title: Print Name (CORPORATE SEAL) Signed, sealed and delivered GLENMUIR PROPERTIES,LTD., in the presence of: a Florida limited partnership By: G.S.N. DEVELOPMENT, General Partner Print Name By: Print Name Name: Title: 4 006.344559.1 STATE OF FLORIDA COUNTY O I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as the of Devworth Properties, Inc., a Florida corporation, who [ 1 is personally known to me or [ 1 produced as identification, and that he/she acknowledged executing the same on behalf of said corporation in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of ,2004. 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 the of Glenmuir Properties, Ltd., a Florida limited partnership, who F 1 is personally known to me or [ 1 produced as identification, and that he/she acknowledged executing the same on behalf of said partnership in the presence of two subscribing witnesses, freely and voluntarily, for the uses, and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2004. 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): 5 006.344559.1 • CITY: Signed,sealed and delivered in the presence of: CITY OF OCOEE,FLORIDA By: Print Name: S. Scott Vandergrift,Mayor Attest: Name: Print Name: Title: (SEAL) FOR USE AND RELIANCE APPROVED Y COMM S ION AT AA E MEETING ONLY BY THE CITY OF OCOEE, MEETING FLORIDA. Approved as to form and HELD ON ,2004 legality this day of UNDER AGENDA ITEM NO. ,2004. FOLEY&LARDNER LLP 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 S. SCOTT VANDERGRIFT and , personally known to me to be the Mayor and , 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 , 2004. 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): 6 006.344559.1 JOINDER AND CONSENT TO SECOND AMENDMENT TO DEVELOPER AGREEMENT (Westridge PUD) The undersigned hereby certifies that it is the holder of an indenture of mortgage, dated the 2nd day of October, 1998 and recorded in Official Records Book 5584, Page 4655, Public Records of Orange County, Florida, upon the above described property and the undersigned for and in consideration of valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in and consent to the execution of the foregoing Second Amendment to Second Developer Agreement (Westridge PUD) and agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed Amendment. GORDON S.NUTT, as Trustee under the Signed, sealed and delivered provisions of unrecorded Trust Agreement in the presence of: dated December 11, 1984 known as the "Gordon S.Nutt Revocable Trust" By: Print Name: GORDON S.NUTT, as Trustee Print Name: STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of , 2004, by GORDON S. NUTT, as Trustee under the provisions of unrecorded Trust Agreement dated December 11, 1984 known as the "Gordon S.Nutt Revocable Trust" who is [ personally known to me, or [ 1 has produced as identification. 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): 7 006.344559.1 EXHIBIT"A" THE LAND DESCRIPTION OF OVERALL BOUNDARY: That part of the North 1/2 of the Southwest t wt 1/4 of s Sectiofollowsn 32, TTownship 22 East, • Range 28 East, Orange County, Florida, described Commence at the Southwest corner of Section 32, Township 22 South, Range 28 East, and run N 00'21'38" W along the West line of the Southwest 1/4 of said Section 32 for a distance of 1330.98 feet to the Southwest corner of the North 1/2 of the Southwest 1/4 of said Section 32; thence run N 89'47'54" E along the South line of said North 1/2 of the Southwest 1/4 for a distance of 60.00 feet to a point on the East right—of—way line of Maguire Road (County Road 439), said point being the POINT OF BEGINNING; thence run N 0021'58" W along said right—of—way line for a distance of 1255.66 feet to the point of curvature of a curve concave • Southeasterly having a radius of 35.00 feet and a central angle of 90'17'33"; thence run Northeasterly along the arc of said curve for a distance of 55.16 feet to the point of tangency, thence run N 59'55'55" E along the Pugh h right4532f way line of Moore Road as described in Official Records Book 4343, Public Records for a distance of 2547.37 feet to a point on the East line of said North 1/2 of the Southwest 1/4; thence run S 0020'36" E along said line '47'54" W for a distance of 1284.83 feet to the Southeast corner fhtheoSouthwest 1/4 forf; thence run S 9a distance along the aforesaid South line of the North / of 2582.14 feet to the POINT OF BEGINNING. Containing 76.339 acres more or less and being subject to any rights—of—way, restrictions and easements of record. 006.309736.1 EXHIBIT"B" CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL 1. PROPOSED LAND USES: SINGLE FAMILY RESIOENTIAI GROSS LAND AREA: 50.9 AC (INCLUDES STORMWATER/OPEN SPACE AND RECREATION TRACTS) NET LAND AREA: 50.9 AC TOTAL LOTS: 152 NET DENSITY: 3.0 UNITS/ACRE MINIMUM LOT SIZE: 60 FEET X 105 FEET MINIMUM NET UVING FLOOR AREA: 1200 SQUARE FEET MAXIMUM BULDING HEIGHT: TWO STORIES/35 FEET PARKING: MINIMUM 2 SPACES PER RESIDENTIAL UNIT OPEN SPACE: MIN.25X OF GROSS LAND AREA; 12.7 AC MAXIMUM LOT COVERAGE: 40% OF LOT AREA FOR BUILDING AND 50% OF LOT AREA FOR IMPERVIOUS COVERAGE. MIN. RESIDENTIAL LOT INTERNAL BULDING SETBACKS: FRONT 20 FT REAR 20 FT SIDE 7.5 FT CORNER (STREET SIDE) 20 Fl SIDE/REAR (ACCESSORY BLDG) 7.5 FT MIN. RESIDENTIAL LOT PERIPHERAL BUILDING SETBACKS: MOORE ROAD RIGHT—OF—WAY: 35 FT. 7TH AVENUE FUTURE RIGHT—OF—WAY: 25 FT. FROM SOUTH SITE BOUNDARY: 25 FT. RESIDENTIAL RECREATION AREA: A 2.3 ACRE RECREATION AREA WILL BE PROVIDED TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. THREE AMENITIES (POOL, TOT LOT, OPEN PLAY AREA AND 755 SQ. FT. COMMUNITY MEETING ROOM), WLL BE PROVIDED. COMMERCIAL GROSS LAND AREA: +/— 8.8 ACRES NET LAND AREA: +/— 8.8 ACRES MAX. BUILDING HEIGHT: 35 FEET, 2 STORIES PARKING: PER OCOEE CODE FOR SPECIFIC COMMERCIAL USES OPEN SPACE: MIN. 20% OF GROSS LAND AREA FOR SITE SERVED BY MASTER STORM SYSTEM MIN. COMMERCIAL LOT INTERNAL BUILDING SETBACKS: FRONT: SEE PERIPHERAL SETBACKS BELOW SIDE: 10 FT. INCLUDING INTERNAL DRIVEWAYS REAR: 20 FT. INCLUDING INTERNAL DRIVEWAYS 25 FT ACCESS EASEMENT AT LOTS 153-156: 10 FT. MIN COMMERCIAL LOT PERIPHERAL BUILDING SETBACKS: MAGUIRE ROAD RIGHT—OF—WAY: 38 FT. WITH 25 FT LANDSCAPE BUFFER (SUBJECT TO 99-23 EXHIBIT 1. S 6-14;C.2.b(IV) FROM MOORE ROAD RIGHT—OF—WAY: 23 FT. WITH 25 FT LANDSCAPE BUFFER (SUBJECT TO 99- 23 EXHIBIT 1. S 6-14;C.b(IV) ADJACENT TO RESIDENTIAL: 50 FT. WITH 25 FT LANDSCAPE BUFFER FROM 'A' BLVD: 25 FT WITH 15 FT LANDSCAPE'BUFFER THE COMMERCIAL PARCEL SHALL CONFORM TO ORDINANCE NO 99-23 DEVELOPMENT STANDARDS OF THE CITY OF OCOEE. AU. BUILDINGS IN THE COMMERCIAL PARCEL SHALL HAVE TILE ROOFS. 2. SCHOOL AGE POPULATION: 152 LOTS X 0.404 = 62 (PER ORANGE COUNTY SCHOOL BOARD RATIO) 3. TRAFFIC GENERATION: SINGLE FAMILY = 1455 TRIPS COMMERCIAL — 4500 TRIPS 006.309736.1 4. UTIUTY PROVIDERS: WATER: ORANGE COUNTY UTILITIES SANITARY SEWER: ORANGE COUNTY UTIUTIES REUSE WATER: CITY OF OCOEE SOLID WASTE: CITY OF OCOEE ELECTRICITY: PROGRESS ENERGY(ST. UGHTING TO CONFORM TO CITY LDC & ORD. 95-17) TELEPHONE SPRINT 5. STORMWATER MANAGEMENT: ONSITE SYSTEM PER OCOEE AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT REQUIREMENTS VAN DISCHARGE TO POSITIVE OUTFALL THROUGH THE WETLAND. OVERALL STORMWATER POND REQUIREMENTS ARE ESTIMATED TO BE B.O+/- ACRES. 6. PRIVATE RESIDENTIAL STREETS / GATED COMMUNITY: WESTRIOGE SHALL BE A PRIVATE GATED COMMUNITY WITH A MANDATORY HOMEOWNERS ASSOCIATION OWNING AND MAINTAINING THE STREETS AND DRAINAGE FACIUTIES TO BE BUILT TO CITY STANDARDS. ENTRYWAY GATES SHALL BE EQUIPPED WITH AN OPTICON ACTIVATED OVERRIDE DEVICE TO ALLOW EMERGENCY ACCESS TO THE SUBDIVISION BY F1RE/RESCUE, POUCE AND OTHER EMERGENCY RESPONSE PERSONNEL. A PERPETUAL NON-EXCLUSIVE ACCESS EASEMENT FOR THE BENEFIT OF THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITIES FOR FIRE, POLICE, AND OTHER EMERGENCY SERVICES AND A UTIUTY EASEMENT FOR THE BENEFIT OF UTIUTY PROVIDERS SHALL BE GRANTED OVER THE ACCESS ROAD TRACT. THE SINGLE FAMILY PORTION OF THE PROJECT IS PROPOSED TO BE GATED AND SHALL COMPLY WITH THE ORANGE COUNTY CODE FOR GATED COMMUNITIES. ALL REFERENCES IN SAID COUNTY CODE CHAPTER TO THE "COUNTY SHALL BE DEEMED TO REFER TO THE 'CITY" FOR PURPOSES OF THIS REQUIREMENT. 7. HOMEOWNERS/PROPERTY OWNERS ASSOCIATIONS: ASSOCIATIONS SHALL BE CREATED FOR OWNERSHIP AND MAINTENANCE OF ALL COMMON AREAS. CONSERVATION AREAS, OPEN SPACE AREAS. RECREATION AREAS, STORMWATER PONDS AND PRIVATE STREETS AND DRAINAGE. ALL RELEVANT HOMEOWNERS/PROPERTY OWNERS ASSOCIATION DOCUMENTS AND DECLARATIONS OF COVENANTS AND RESTRICTIONS SHALL BE PROVIDED TO THE CITY FOR APPROVAL PRIOR TO RECORDING EACH PLAT. ALL FINISHED FLOOR ELEVATIONS TO BE 1 FT. ABOVE 100 YR. FLOOD- 8. PHASING NE RESIDENTIAL PORTION OF THE PROJECT WILL BE DEVELOPED IN TWO PHASES. THE COMMERCIAL PORTION WILL BE DEVELOPED IN MULTIPLE PHASES CONSISTENT WITH ITS LOTTING PLAN. AU. COMMERCIAL LOTS MALL BE A MINIMUM OF 1 AC. IN SIZE, INCLUDING THE 12FT ADDITIONAL RIGHT-OF-WAY ALONG MAGUIRE ROAD AND MOORE ROAD. 9. 71H AVE RIGHT OF WAY CONVEYANCE AT THE TIME APPROVAL OF THIS PLAN, THE OWNER SHALL CONVEY TO THE CITY TRACT "J' AND TRACT 'K" (COLLECTIVELY, THE '71H AVE ROVr). THE CONVEYANCE OF TRACT 'K" AND ALL DOCUMENTS RELATED THERETO SHALL BE BASED ON THE LEGAL DESCRIPTION PROVIDED BY THE CITY. THE 7TH AVE ROW SHALL BE CONVEYED BY THE OWNER BY SPECIAL WARRANTY DEED FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES EXCEPT FOR NOSE MATTERS ACCEPTABLE TO THE CITY. THE FORM OF THE SPECIAL WARRANTY DEED SHALL BE SUBJECT TO THE APPROVAL OF THE CITY.THE OWNER SHALL CONTEMPORANEOUSLY WITH THE CONVEYANCE OF THE 7TH AVE ROW PROVIDE A CURRENT TITLE COMMITMENT, TO BE FOLLOWED BY A POUCY OF TITLE INSURANCE IN THE AMOUNT OF $10,000.00. EVIDENCING THAT FEE SIMPLE TITLE TO THE 7TH AVE ROW IS FREE AND CLEAR OF ALL DENS AND ENCUMBERANCES EXCEPT FOR NOSE MATTERS ACCEPTABLE TO THE CITY. THE COSTS AND EXPENSES RELATED TO THE . CONVEYANCE OF THE 7TH AVE ROW. INCLUDING THE COST OF TITLE WORK. SHALL BE BORNE SOLELY BY THE OWNER. REAL PROPERTY TAXES ON THE 7TH ROW SHALL BE PRORATED AS OF THE DAY BEFORE THE ACCEPTANCE OF THE CONVEYANCE OF NE SAME. AND THE PRORATED AMOUNT OF SUCH REAL PROPERTY TAXES ATTRIBUTABLE TO THE OWNER SHALL BE PAID AND ESCROWED BY THE OWNER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 196.295, FLORIDA STATUTES: PROVIDED, HOWEVER, THAT IF THE CONVEYANCE OCCURS BETWEEN NOVEMBER 1 AND DECEMBER 31, THEN THE OWNER SHALL BE RESPONSIBLE FOR THE REAL PROPERTY TAXES FOR THE ENTIRE YEAR. NEITHER THE OWNERS. ITS SUCCESSORS AND ASSIGNS. NOR ANY OTHER PERSON OR ENTITY SHALL BE ENTITLE) TO.ANY ROAD IMPACT FEE CREDITS OR OTHER COMPENSATION OF ANY KIND FOR. ON ACCOUNT OF, CR WITH RESPECT TO THE CONVEYANCE OF THE 7TH AVE ROW. THE ALIGNMENT FOR 7111 AVENUE WILL BE ADJUSTED ON THE FINAL SUBDIVISION PLAN CONSISTENT VAN THE NEW AND REVISED CITY LEGAL DESCRIPTION FOR TRACT "K'. 10. CONCERNING MORATORIUMS THE CITY IS SUBJECT TO THE TERMS. PROVISIONS AND RESTRICTIONS OF F.S. SECTION 163 CONCERNING MORATORIUMS ON ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY OR ITSELF FROM THE APPUCATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHALL BE CONSTRUED AS SUCH EXEMPTION. 11. FLAG LOTS NO MORE THAN TWO FLAG LOTS TO BE LOCATED ADJACENT TO EACH OTHER. THE MINIMUM LOT WIDTH OF FLAG LOTS AT THE RIGHT-OF-WAY SHALL BE 20 FEET WITH THE NARROW 'EXTENSION NOT TO EXCEED 100 FEET IN LENGTH. 12. DEVELOPER AGREEMENT: A SECOND AMENDMENT TO SECOND DEVELOPER AGREEMENT WHICH INCORPORATES THE CONDITIONS OF APPROVAL ON THE LAND USE PLAN SHALL BE ENTERED INTO BETWEEN THE CITY AND THE DEVELOPERS IN CONNECTION WITH APPROVAL OF THIS LAND USE PLAN. EXISTING DEVELOPER AGREEMENTS ARE: FIRST DEVELOPER AGREEMENT RECORDED AT ORB 4285, PAGE 2790, NOVEMBER 20, 1990. SECOND DEVELOPER AGREEMENT RECORDED AT ORB 4619, PAGE 2136, SEPTEMBER 7, 1993 FIRST AMENDMENT TO SECOND DEVELOPER AGREEMENT DATED APRIL 2, 2002-RECORDED AT ORB 6503, PAGE 464. 13. WAIVERS: REQUESTED WAIVERS ARE SET FORTH IN THE WAIVER TABLE ON THIS SHEET 14. WETLAND MITIGATION: AU. ENCROACHMENTS INTO AREAS CLAIMED AS JURISDICTIONAL WETLANDS BY ST. JOHNS RIVER WATER MANAGEMENT DISTRICT SHALL BE MITIGATED CONSISTENT WITH REQUIREMENTS AND PERMIT CONDITIONS OF THE SJRWMD AND CITY OF OCOEE. 15. VEHICULAR ACCESS RIGHTS: VEHICULAR ACCESS RIGHTS TO MAGUIRE ROAD, MOORE ROAD, 7TH STREET, 6TH STREET AND THE ROAD LEADING UP TO THORNEBROOK ELEMENTARY WILL BE DEDICATED TO THE CITY FOR ALL ABUTTING LOTS AND TRACTS OTHER THAN AS SHOWN ON THE APPROVED PLAN. 16. LEGAL INSTRUMENTS: ALL LEGAL INSTRUMENTS INCLUDING, BUT NOT UNITED TO, THE DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS, ASSOCIATION DOCUMENTATION, EASEMENT AGREEMENTS AND WARRANTY DEEDS CONVEYING PROPERTY TO THE CITY OR ASSOCIATION MUST BE SUBMITTED TO AND APPROVED BY THE CITY PRIOR TO PLAT APPROVAL. 17. RECREATION PHASING: . THE RECREATION AREA WILL BE DEVELOPED WITH THE FIRST RESIDENTIAL PHASE. 18. LANDSCAPE PHASING: ALL SCREEN WALLS, LANDSCAPE BUFFERS. ENTRY AND CORNER LANDSCAPE IMPROVEMENTS FOR EACH PHASE SHALL BE COMPLETED PRIOR TO ISSUANCE OF NE CERTIFICATE OF COMPLETION FOR EACH PHASE RESPECTIVELY. 19. SIGHT LINES: NO WALL, FENCE. SIGN OR STRUCTURE OR ANY PLANT GROWTH SHALL OBSTRUCT SIGHT UNES (BETWEEN 2'6' AND 10' ABOVE NE CROWN OF NE ADJACENT ROADWAY WITHIN THE SIGHT DISTANCE TRIANGLE AS DEFINED IN THE LAND DEVELOPMENT CODE) AT THE INTERSECTION OF THE TWO ADJACENT STREETS. 20. FINISHED FLOOR ELEVATIONS: FINISHED FLOOR ELEVATIONS SHALL BE SET A MINIMUM OF ONE FT. ABOVE NE CALCULATED POST-DEVELOPMENT ELEVATION GENERATED BY THE 100-YEAR/24-HOUR DESIGN STORM. 21. FRONT BUILDING SETBACK: FRONT BUILDING SETBACK WILL BE A MINIMUM OF 20 FEET OR, WHERE THE MINIMUM LOT WIDTH IS OBTAINED, WHICHEVER IS GREATER, THE FRONT SETBACK UNE TO BE PARALLEL OR MEASURED RADIALLY FROM THE STREET RIGHT OF WAY. 22. UTIUTIES THE WATER AND SEWER LINES. INCLUDING THE LINES FROM THE LIFT STATION TO NE EXISTING PUBUC FORCE MAIN, WALL BE DEDICATED TO ORANGE COUNTY. THE DEVELOPER WILL INSTALL A REUSE WATER SYSTEM THROUGHOUT THE ENTIRE SUBDIVISION WHICH MEETS CITY OF OCOEE SPECIFICATIONS AS PART OF THE PROJECT INFRASTRUCTURE. EACH FIRE HYDRANT SHALL BE OSHA YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER LANE CLOSEST TO THE HYDRANT. ALL ONSITE UTILITIES, INCLUDING ELECTRICAL, CABLE TV AND TELEPHONE, WILL BE PLACED BELOW THE GROUND. ALL SANITARY SEWER MAINS TO BE 8' MINIMUM. ALL WATER MAINS TO BE 6' MINIMUM. ALL UNDERGROUND UTIUTIES WILL COMPLY WITH ORDINANCE #95-17, WHICH REQUIRES PEDESTAL-MOUNTED UTILITY BOXES TO BE PLACED BACK OFF THE STREET, NO MORE THAN 5 FEET FORWARD OF THE FRONT BUILDING SETBACK LINE, ON ALL RESIDENTIAL LOTS WHICH ARE LESS THAN 70 FEET IN WIDTH WHERE THE LOT ABUTS THE STREET RIGHT OF WAY UNE. • • • 23. SIDEWALKS THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE CON STRUCT1ON SOF RAMPS AT ALL RIGHTS-OF-WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. SIDEWALKS ABUTTING EACH PLATTED LOT SHALL BE CONSTRUCTED AT THE TIME A HOUSE IS CONSTRUCTED ON NE LOT. WHEN SIDEWALKS ARE CONSTRUCTED ON CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALKS WILL BE EXTENDED TO THE CURB AT THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT THE TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS. SIDEWALKS ALONG MAGUIRE ROAD AND ALONG MOORE RD SHALL BE COMPLETED PRIOR TO ISSUING THE CERTIFICATE OF COMPLETION FOR THE ADJACENT PHASE OF DEVELOPMENT. SIDEWALKS ALONG THE NORTH SIDE OF "A" BLVD AND THE EAST SIDE OF MAGUIRE R0 FROM "A" BLVD SOUTH SHALL BE INSTALLED WITH THE FIRST PHASE OF RESIDENTIAL DEVELOPMENT. 24. EXCEPT AS SPECIFICALLY NOTED ON Tt9S PRELIMINARY SUBDIVISION PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE. 25. THERE SHALL BE NO ACCESS FROM THE PROJECT TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE PLAN. 26. ANY DAMAGE CAUSED TO ANY PUBUC ROAD AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT, SHALL BE PROMPTLY REPAIRED BY THE DEVELOPER TO THE APPLICABLE GOVERNMENT STANDARDS AT THE DEVELOPER'S SOLE COST AND EXPENSEE. 27. AN OVERALL SUBDIVISION PLAN SHALL BE AVAILABLE FOR REVIEW BY PROSPECTIVE BUYERS IN AU. RESIDENTIAL SALES OFFICES. 28. ALL EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND UTILITY FACIUTIES) WILL BE REMOVED AND/OR TERMINATED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES. 29. ALL ROADS WILL BE PRIVATE. 30. THE DEVELOPMENT OF THIS PROJECT WILL INCORPORATE THE STORM WATER NEEDS OF ALL PUBUC AND PRIVATE ROADS WITHIN THE PROJECT. 31. EACH PHASE OF DEVELOPMENT SHALL STAND ON ITS OWN WITH RESPECT TO PUBUC SERVICES (SEWER, WATER. STORM WATER MANAGEMENT. ACCESS AND OTHER RELATED SERVICES). 32. TO THE EXTENT ANY LIFT STATIONS ARE REQUIRED ON THE PROPERTY THEY WILL BE CONVEYED AT THE TIME OF PLATTING. ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK, VINYL CHAIN-UNK 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•HED GE-TYPE SHRUBBERY, SUCH AS VIBURNUM OR LIGUSTRUM. 33. STREET LIGHTS WILL BE INSTALLED BY THE DEVELOPER. AT THE DEVELOPER'S SOLE COST AND EXPENSE, PRIOR TO A CERTIFICATE OF COMPLETION BEING ISSUED. AND THE COST OF OPERATIONS WILL BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH ORDINANCE NO. 95-17. 34. THE LEGALLY ASSIGNED NAME FOR THE SINGLE-FAMILY PORTION OF THE SUBDIVISION IS "WESTRIDGE". PURSUANT TO ORDINANCE NO. 2001-18 ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WIN THE LEGALLY ASSIGNED NAME OF THE SUBDIVISION. ANY SUBSEQUENT CHANCE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE CITY COMMISSION. 35. THE SECOND REVISED LAND USE PLAN REPLACES AND SUPERSEDES ALL PRIOR LAND USE PLANS RELATING TO THE PROPERTY. 36. EITHER A HOMEOWNERS ASSOCIATION OR A PROPERTY OWNERS ASSOCIATION SHALL MAINTAIN THE LANDSCAPING AND IMPROVEMENTS WITHIN THE WALL AND LANDSCAPE EASEMENTS WITHIN.THE PROPERTY, EXCEPT THAT ALL LANDSCAPING ON THE INTERIOR OF ALL WAILS SHALL BE MAINTAINED BY THE INDIVIDUAL LOT OWNERS. 37. ALL COMMERCIAL PARCELS SHALL BE DEVELOPED WITH THE STANDARDS SPECIFIED IN ORDINANCE #99-23, AS AMENDED, EXCEPT AS OTHERWISE SPECIFIED IN THE PLANS AND CONDITIONS OF APPROVAL FOR THIS PUD. • 38. PERMITTED USES WITHIN THE COMMERCIAL PORTION OF THIS PUD SHALL BE THOSE USTED IN THE LAND DEVELOPMENT CODE AS PERMITTED USES IN AREAS WITHIN A C-2 ZONING DISTRICT. HOWEVER,'EVEN THOUGH THE FOLLOWING USES WOULD NORMALLY BE PERMITTED IN A C-2 ZONING DISTRICT, THESE USES SHALL NOT BE PERMITTED WITHIN THIS PUD: AUTOMOBILE SALES (NEW OR USED). AUTOMOBILE REPAIR OR SERVICE STATIONS, JUTOMOBILE REPAIR, HOTEL CR MOTEL. MOVIE THEATERS, CONVENIENCE STORES WITH GAS SALES. LIQUOR STORES. MINIATURE GOLF/DRIVING RANGE, PAWN SHOPS, DRIVE-IN RESTAURANTS WITH PICK-UP WINDOWS AND CHECK CASHING ESTABUSHMENTS AS A CONDITION OF THIS PUD, ANY USES THAT WOULD BE PERMITTED AS A SPECIAL EXCEPTION IN A C-2 DISTRICT WILL REQUIRE SPECIAL EXCEPTION APPROVAL. 39. PERMITTED USES WITHIN THE SINGLE FAMILY RESIDENTIAL PORTION OF THIS PUD SHALL BE THOSE USTED IN THE LAND DEVELOPMENT CODE AS PERMITTED USES IN AREAS WITHIN THE SINGLE FAMILY ZONING DISTRICTS. AS A CONDITION OF THIS PUD, ANY USES T'-IAT WOULD BE PERMITTED AS A SPECIAL EXCEPTION IN SINGLE FAMILY DISTRICTS WILL REQUIRE SPECIAL EXCEPTION APPROVAL. 40. THE LARGE CONSERVATION AREA IN THE SOUTHWEST CORNER OF THE SITE (ALL OF THE WETLANDS AS WELL. AS THE 25-FOOT AVERAGE UPLAND BUFFER AREA ADJOINING THE WETLANDS) SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. A CONSERVATION/DRAINAGE EASEMENT OVER TME ENTIRE AREA SHALL BE DEDICATED TO THE CITY OF OCOEE THE EASEMENT DOCUMENT WILL BE PREPARED BY THE CITY AND SHALL BE EXECUTED BY THE OWNER AND RECORDED AT THE TIME OF PLATTING. 41. THE 6' BRICK WALL ALONG MOORE ROAD AND 7TH STREET WILL BE CONSTRUCTED AT LEAST 5 FEET BACK FROM THE RIGHT-OF-WAY UNE WITHIN THE 10' WALL AND LANDSCAPE EASEMENT. SHADE TREES SHALL BE PLANTED ON THE OUTSIDE OF THE WALLS EVERY 50' ALONG THEIR ENTIRE LENGTH AND SHRUBS SHALL BE PLANTED ON THE OUTSIDE OF THE WALLS ALONG THEIR ENTIRE LENGTH. 42. ALL ON-SITE UTILITIES INCLUDING ELECTRICAL CABLE TV AND TELEPHONE SHALL BE PLACED BELOW GROUND. 43. ALL COMMERCIAL AND OFFICE LOT USERS SHALL CONFORM TO THE MASTER ARCHITECTURAL, SIGNAGE, LIGHTING AND LANDSCAPE PACKAGE PLANS. WHICH WILL BE PROVIDED AS PART OF THE FINAL SUBDIVISION PLAN APPROVAL 44. CONSERVATION TRACT 'I' SHALL BE OWNED AND MAINTAINED BY THE WMPOA. A CONSERVATION/DRAINAGE EASEMENT OVER TRACT '1' SHALL BE PROVIDED TO THE CITY OF OCOEE. THE EASEMENT DOCUMENT WILL BE PREPARED BY THE CITY AND SHALL BE EXECUTED BY THE OWNER AND RECORDED AT THE TIME OF PLATTING. 45. THE LANDSCAPE MEDIAN WITHIN 'A' BOULEVARD IN FRONT OF THE COMMERCIAL LOT WILL BE MAINTAINED BY THE WESTRIDGE COMMERCIAL PROPERTY OWNERS ASSOCIATION. THE LANDSCAPE MEDIAN WITHIN 'A' BOULEVARD IN FRONT OF SINGLE FAMILY AND AT THE RESIDENTIAL ENTRANCE GATES WILL BE MAINTAINED BY THE WESTRIDGE HOMEOWNERS ASSOCIATION. 46. ALL RETENTION PONDS WILL BE DESIGNED PER THE WC TO BE UNFENCED. 47. THE DEVELOPER IS TO PROTECT AND PREVENT ANY DISTURBANCE. SILTATION, OR OTHER CONSTRUCTION WITHIN THE CONSERVATION AREAS (TRACT "I"). THAT AREA IS TO BE FENCED OFF DURING CONSTRUCTION AND SILT FENCES INSTALLED TO EUMINATE ANY POSSIBILITY OF DISTURBANCE IN THE AREA DURING CONSTRUCTION. 48. DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCATION ONLY. ANAL EASEMENT DIMENSIONS (WIDTHS) WILL. BE SHOWN ON THE FINAL SUBDIVISION PLAN AND WILL BE SIZED TO MEET CITY REQUIREMENTS. 49. UNLESS OTHERWISE NOTED. A 5' UTILITY AND DRAINAGE EASEMENT WILL BE PLATTED ALONG ALL SIDE LOT ONES. AND A 10' UTILITY AND DRAINAGE EASEMENT ADJACENT TO THE STREET RIGHT-OF-WAY. 50. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY PROTECTED TREE WITHOUT FIRST OBTAINING A PERMIT FROM THE BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION SHALL BE GRANTED TO REMOVE A TREE IF THE DEVELOPER HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE SPECIMEN AND HISTORIC TREES. 51. NOTWITHSTANDING THE CONVEYANCE CF THE STORMWATER RETENTION PONDS TO AN ASSOCIATION OR ANY PROVISION TO THE CONTRARY CONTAINED IN THESE CONDITIONS OF APPROVAL THE DEVELOPER SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF THE PROJECTS STORMWATER MANAGEMENT SYSTEM (SWIMS), INCLUDING ALL STORM WATER RETENTION PONDS. UNTIL SUCH TIME AS: (I) THE ENTIRE SWIMS FOR THE PROJECT IS CONSTRUCTED AND APPROPRIATE CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY AND THE SJRWMD. (ii) THE 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. (N)THE CITY HAS BEEN PROVIDED WITH A COPY OF THE DEVELOPER'S PROPOSED MAINTAINANCE PLAN WITH RESPECT TO THE SWMS. (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 SWIMS AND THAT THE ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE;OF THE SWMS. 52. THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NE SUBDIVISIOCOEE TON E 0 PORTUNITY TO LE THE Y,SCOLLECTNAND ENFORCE� CITY OF ASSESSMENTS FOR MAINTENANCE OF NE COMMON AREAS SHOULD NE ASSOCIATION FAIL TO DO SO OR SHOULD THE ASSOCIATION FAIL TO COLLECT ASSESSMENTS AT A LEVEL ALLOWING FOR ADEQUATE MAINTENANCE OF THE COMMON AREAS. 53. THE DECLARATION SHALL PROVIDE NAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD STANDING WITH NE FLORIDA SECRETARY OF STATE. 54. TE DECLARATION SHALL CONTAIN A PROVISION THAT AT THE TIME OF TURNOVER OF CONTROL OF THE ASSOCIATION TO NE MEMBERS, THE DECLARANT SHALL DEUVER TO THE NEW BOARD OF DIRECTORS THE MAINTENANCE PLAN FOR THE STORMWATER SYSTEM ACCOMPANIED BY AN ENGINEER'S CERTIFICATION THAT TE STORMWATER • SYSTEM IS FUNCTIONING IN ACCORDANCE WITH ALL APPROVED PLANS AND PERMITS, TO ISTHE EXTENT THAT ANY SUCH 'S REPORT ANY CORRECTIVE DECLARANT REQUIRED, THEESHALLEBE REQUIRED TOCATES DIUGENTLY UNDERTAKE SUCH CORTHERASSOCIATI ASSOCITHE ATION ESTIMATED COSRANTS TSOFSE SUCHDTO CORRECTIVE ACTION.ST A CASH WIT 55. THE DECLARATION SHALL CONTAIN A PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING THE CITY OF OCOEE REQUIRES THE CONSENT OF THE CITY OF OCOEE IN AN INSTRUMENT RECORDED WITH THE AMENDMENT. 56. THE DECLARATION SHALL CONTAIN A PROVISION PROVIDING THAT THE STORMWATER SYSTEM WILL BE TRANSFERRED TO A RESPONSIBLE OPERATION AND MAINTENANCE ENTITY ACCEPTABLE TO THE CITY OF OCOEE IN THE EVENT OF DISSOLUTION OF THE ASSOCIATION AND THAT IF DISSOLUTION OCCURS WITHOUT SUCH APPROVAL THEN THE CITY OF OCOEE MAY CONTINUE TO LEVY AND COLLECT ASSESSMENTS AND IMPOSE UENS WITH RESPECT THERETO NOTWITHSTANDING THE DISSOLUTION OF THE ASSOCIATION. 57. THE DECLARATION SHALL SPECIFICALLY PROVIDE THAT NO PROPERTY OWNED BY THE CITY OF SHALL BE SUB.ECTE OR ANY OTHER TO ASSESSMENTSLEVIEDMENTAL ENTITY BY THE ASSOCIATION. E SUBDIVISION 58. THE DEVELOPER SHALL COMPLY WITH ORDINANCE NO. 2001-19 WHICH REQUIRES THE INCLUSION OF COMMUNITY MEETING ROOMS AS AN AMENITY FOR RESIDENTIAL SUBDIVISIONS. 59. CROSS ACCESS EASEMENTS TO BE PROVIDED FOR ALL COMMERCIAL LOTS AND DRIVE LANES WILL BE 24 FT WIDE WITH 6" RAISED CURB AT PAVEMENT EDGES. 60. AT ALL TIMES PRIOR TO THE DEVELOPMENT OF THE COMMERCIAL PORTION OF THE SUBDIVISION. NE DEVELOPER SHALL MAINTAIN A SIGN ON THE COMMERCIAL TRACT AS NOTICE TO SINGLE—FAMILY PURCHASERS TAT A PORTION OF NE SUBDIVISION WILL BE DEVELOPED FOR COMMERCIAL AND OFFICE USES. THE SIGN WILL BE A MINIMUM OF 32 SQ. FT. AND BE PLACED FACING MAGUIRE ROAD IN A LOCATION APPROVED BY THE CITY OF OCOEE. 61. THE LEFT TURN LANE SOUTH BOUND ON MAGUIRE ROAD AND THE RESTRIPING OF NE NORTH BOUND TWO LANES ON MAGUIRE ROAD WILL BE CONSTRUCTED BY NE DEVELOPER WITH PHAS 1 AND THE CONSTRUCTION OF BOULEVARD A. THE RIGHT TURN LANES ON EAST BOUND MOORE ROAD WILL BE CONSTRUCTED BY THE DEVELOPERWITH THE FIRST BUILDING PERMIT WITHIN THE OFFTCE AVE BEEN RELOCATED TOALALLOW CONSTREUCI1ONOF THE TURN LANE. 91 THE PROVIDED THE POWER POLES HEVENT THE POWER BEEN RELOCATED AT 'THAT TIME. THTHE RIGHT TURN LANE SH LL BE HAVENOT CONSTRUCTED AS SOON AS REASONABLY PRACTICAL FOLLOWING THE RELOCATION OF THE POWER POLES TO ALLOW CONSTRUCTION OF TURN LANE MOORE ROAD. 62. THE DEVELOPER SHALL PRE—PAY $100.000 OF ROAD IMPACT FEES APPUCABLE TO NE DEVELOPMENT PROPERTY UPON RECORDING OF THE FIRST PLAT. WITH THE FIRST PLAT OF THE PROPERTY THE DEVELOPER SHALL DEDICATE OR CONVEY TO THE CITY ADDITIONAL LAND ALONG ITS BOUNDARY VONT (1) MAGUIRE ROAD, NOT TO EXCEED TWELVE FEET (12') IN WIDTH TO ACCOMODATE FUTURE RIGHT TURN LANES INTO BOULEVARD "A" AND, WIDTH INTERRUPTION, THEN INTO COMMERCIAL LOTS 154 AND 155, THEN CONTINUING THROUGH WITHOUT INTERRUPTION TO MOORE ROAD: AND (2)MOORE ROAD, NOT TO EXCEED TWELVE FEET (12) IN WIDTH TO ACCOMODATE RIGHT TURN LANES INTO THE FIRST TWO ACCESS POINTS SHOWN ON THE PSP WITHIN THE COMMERCIAL DESIGNATED PORTION OF THE DEVELOPMENT PROPERTY. THE RIGHT TURN LANES OFF MAGUIRE ROAD ARE TO BE CONSTRUCTED IN THE FUTURE"BY-THE.CITY OR OTHERS, NOT TO INCLUDE THE DEVELOPER, AND THE RIGHT TURN LANE ALONG MOORE ROAD IS TO BE CONSTRUCTED BY THE DEVELOPER CONSISTENT WITH PLANS APPROVED FOR THIS PROJECT. NOTHING HEREIN SHALL BE CONSTRUED AS IMPOSING AN OBUGAT1ON UPON NE CITY TO CONSTRUCT, OR TO REQUIRE ANOTHER TO CONSTRUCT. THE NORTH BOUND RIGHT TURN LANES ALONG MAGUIRE ROAD. 63. THE AFOREMENTIONED $100,000 PAYMENT IS TO BE USED BY THE CITY, ALONG WIN SHARING CONTRIBUTIONS OF OTHER INTERSECTION BORDERING PARTICIPANTS, FOR IMPROVING THE INTERSECTION SIGNAUZATION AND MASTING 7 SIMILAR TO WHAT WAS CONSTRUCTED AT OTHER INTERSECTIONS TO THE NORTH ON MAGUIRE ROAD. F:\Pro j9—\97194\ENGadmin\Prod\EP020.doc • EXHIBIT "C" WAIVERS • Waiver Table (Commercial/Office) Code Section Code Standard Proposed Standard Justification for Waiver Citation Article IV, Access driveway separation of Allow driveway separations of less Necessary for traffic circulation for Section 4-5M(4) 350—ft. from arterial street than 350—ft. from arterial street (163—ft. proposed site plan and consistent +/— and 337—ft. +/— measured along with findings of traffic study by north right—of—way line) from Maguire Glutting Jackson et ci. Road right—of—way line Article IV, Sidewalks required along all 6—ft. sidewalk on north side only of Wetland and buffer preservation on Section 4-5M(7)(g) rights—of—way entry boulevard south side Article IV, 6—ft. maximum wall height 7—ft. wall proposed between office and Increased privacy desired between Section 4-51(7) residential commercial/office and single family residential Article IV, 50' SBL MAGUIRE ROAD City requirement for 12' Section 4-5U(3) (ARTERIAL) 38' SBL additional right—of—way. Artice IV, 35' SBL MOORE ROAD City requirement for 12' Section 4-5m(3) (COLLECTOR) 23' SBL additional right—of—way. Waiver Table (Single Family) Code Section Code Standard Proposed Standard Justification for Waiver Citation Article IV, Required recreation area of 2.30 ac The 3.7 acre lake area is adjacent Section 4-5L(4) 5% of gross land area to and integral with the Park and (2.48 ac) enhances the amenity Article ViI, No development within 25ft Upland Buffer to be an average of 25ft. Upland and Wetland preservation Section 7-48. of wetland boundaries All Wetland mitigation shall be on—site. and mitigation for impacts will beconsistent with SJWMD and City of Ocoee permitting requirements. 006.309736.1