HomeMy WebLinkAboutItem VI (A)(3) Second Reading of Ordinance - Ocoee Crown Point PUD Agenda 08-17-04
Item VI.A.3.a.
Abe Center of Good ziv
y
CITY OF OCOEE
AGENDA ITEM COVER SHEET
Date: August 6, 2004 Meeting Date: August 17, 2004
Subject: Ocoee Crown Point PUD
Land Use Plan/Preliminary Subdivision Plan Amendment (Poer Property)
Ordinance No. 2004-16
Issue: Should the Mayor and City Commissioners adopt Ordinance # 2004-16, approving
an amendment to the Ocoee Crown Point PUD Land Use Plan/Preliminary
Subdivision Plan?
Recommendation: Based on the recommendation of the DRC and the Planning and Zoning
Commission, Staff respectfully recommends that the Mayor and City Commission
adopt Ordinance #2004-16, approving the Ocoee Crown Point PUD Land Use
Plan/Preliminary Subdivision Plan as Amended on June 15, 2004, and date stamped
received by the City on June 17, 2004.
Background Summary: This amendment will essentially add +/-34.53 acres of land to the
previously approved Ocoee Crown Point PUD. Specifically, there will be +/-29.75
acres of land designated for single-family residential use with requisite stormwater
retention. There will also be +1-4.21 acres of land designated as wetland with an
additional +/-.57 acres designated as a wetland buffer area. As a result, the Ocoee
Crown Point PUD will encompass a grand total of+/-392.67 net acres of land.
Fiscal Impacts: N/A
Commission Action:
Reviewed by City Manager
Reviewed by City Attorney -- Declaration & Ordinance Attached
Reviewed by Finance N/A
0.ecenter of Good z. .
Mayor �. ® ,` g Commissioners
S. Scott Vandergrift - r Danny Howell, District 1
N� 3COE,,e � Scott Anderson, District 2
City Manager /1 _� Rusty Johnson, District 3
Robert Frank Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Antonio Fabre, Senior Planner
THROUGH: Russ Wagner, AICP, Community Development Director Pi
DATE: August 6, 2004
SUBJECT: Ocoee Crown Point PUD
Land Use Plan/Preliminary Subdivision Plan Amendment (Poer Property)
Ordinance No. 2004-16
ISSUE:
Should the Mayor and City Commissioners adopt Ordinance # 2004-16, approving an
amendment to the Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan?
BACKGROUND:
The Ocoee Crown Point PUD, which encompasses +/-358.14 acres, was originally approved on
September 16, 2003. The overall design concept for the Ocoee Crown Point PUD is to have a
mixed-use neighborhood with complimentary residential and commercial uses, supplemented
by schools and other beneficial public facilities. In order to cover the cost of land acquisition by
the City and the cost of building the necessary roads and utilities to serve the property, the plan
anticipates that portions of the property will be sold to private developers for various commercial
and residential uses. Currently, +/-34.44 net acres are designated for single-family land use in
the approved Ocoee Crown Point PUD. The proposed amendment incorporates the recently
acquired Poer Property into the development with the goal of adding +1-29.75 more net acres of
residential land for sale to developers.
The Poer Property addition totals approximately 34.53 acres in size and abuts the southern and
eastern boundary of the existing Ocoee Crown Point PUD. The property itself is situated
approximately 2,000 feet west of the State Road 429 (Western Expressway) overpass at
Fuller's Cross-East Crown Point Roads. The attached Ocoee Crown Point PUD Master Plan
shows how the subject property is situated relative to this development. Most of the subject
property is currently undeveloped and wooded. There is also a wetland area associated with
Lake Apopka situate on the western portion of the site.
The Honorable Mayor and City Commissioners
August 6, 2004
Page 2 of 3
The abutting properties to the north, east and west have a Low Density Residential and
Conservation/Floodplain future land use designation in the City's Comprehensive Plan.
Furthermore, a portion of the western edge of the subject property abuts a future land use
designation of Orange County/Rural Agriculture & Conservation. The abutting property to the
south is mostly vacant undeveloped land and is in currently in the City of Winter Garden
jurisdiction. It should also be noted that further south there is a residential subdivision (Crown
Point Springs) in the City of Winter Garden jurisdiction.
The subject property was originally located in the Orange County-Winter Garden Joint Planning
Area (JPA) in unincorporated Orange County. In order for the City of Ocoee to annex this
property and submit a Future Land Use Map amendment, the City coordinated with the City of
Winter Garden and Orange County to move the property from the Orange County-Winter
Garden JPA to the Orange County-Ocoee JPA.
To effectuate this change, the City of Ocoee formally requested annexation and an amendment
to the Orange County-Ocoee JPA Land Use Map. The annexation of this property was subject
to the approval of the JPA amendment. This action was taken on the April 6, 2004, when the
Orange County Board of County Commissioners adopted the 11th Amendment to the Orange
County-Ocoee JPA incorporating the subject property into the Joint Planning Area and changing
the land use to Low Density Residential. As a result, a Large-Scale Comprehensive Plan
Amendment was transmitted to the Department of Community Affairs (DCA) for their formal
review and action. Subsequently, the DCA has recently authorized the City to adopt the Large-
Scale Comprehensive Plan Amendment for the subject property.
DISCUSSION:
As indicated above, this amendment will essentially add +/-34.53 acres of land added to the
previously approved Ocoee Crown Point PUD. Specifically, there will be 29.75 acres designated
for Single Family Residential use with requisite stormwater retention. There will also be +/-4.21
acres of land designated as wetland with an additional +/-.57 acres designated as a wetland
buffer area. As is customary, there will be no development on any of the designated wetlands.
As a result, the Ocoee Crown Point PUD will encompass a grand total of+/-392.67 net acres of
land.
The amendment to the PUD Land Use Plan and Preliminary Subdivision integrates the new
residential development with the previously approved single-family residential area (Tract 2) of
the PUD. The new residential development is designated as Tract 50 on the plans. Furthermore,
the proposed density for the addition is 4.5 units per acre, which will result in an additional 108
single-family units to the PUD, bringing the grand total to 264 single-family units proposed for
the Ocoee Crown Point PUD. Furthermore, the design included two options for the layout that
are consistent with the City's development standards and Traditional Neighborhood Design
(TND). Finally, one community meeting room shall be provided for both Tract 2 and Tract 50,
and the proposed pathway will be extended through the added property to tie into Ocoee Crown
Point Parkway.
The Honorable Mayor and City Commissioners
August 6, 2004
Page 3 of 3
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The amended Ocoee Crown Point PUD Land Use Plan and Preliminary Subdivision Plan were
reviewed by the Development Review Committee (DRC) on June 15, 2004. There was only one
minor comment, which was to clarify and correct certain table numbers on the plans. When the
discussion was finished, the Committee voted unanimously to recommend approval of the
Amendment to the PUD Land Use Plan/Preliminary Subdivision Plan, contingent upon
correcting the specific table numbers. Subsequently, the City received the corrected plans on
June 17, 2004.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
On July 13, 2004 the Planning and Zoning Commission held a public hearing to consider the
proposed Land Use Plan/Preliminary Subdivision Plan Amendment for the Ocoee Crown Point
PUD. Staff acting as the Applicant presented the proposal and answered a few questions.
There were no concerns mentioned at the public meeting; therefore, the Committee voted
unanimously to recommend approval of the proposed Land Use Plan/Preliminary Subdivision
Plan Amendment for the Ocoee Crown Point PUD.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and the Planning and Zoning Commission, Staff
respectfully recommends that the Mayor and City Commission adopt Ordinance #2004-16,
approving the Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan as
Amended on June 15, 2004, and date stamped received by the City on June 17, 2004.
Attachments: Existing Ocoee Crown Point PUD Master Plan
Copy of Proposed Ordinance#2004-16
Ocoee Crown Point PUD Land Use Plan/Preliminary Subdivision Plan as Amended on
June 15,2004.
O:\Staff Reports\2004\SR04049 CC.doc
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ORDINANCE NO. 2004-16
CASE NO.: LS-02-004: Ocoee Crown Point PUD Amendment
(adding Poer Property to Ocoee Crown Point PUD)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CHANGING THE ZONING CLASSIFICATION FROM ORANGE
COUNTY "AGRICULTURAL-RESIDENTIAL DISTRICT" TO
OCOEE "PUD", PLANNED UNIT DEVELOPMENT DISTRICT,
FOR CERTAIN REAL PROPERTY COMPRISING
APPROXIMATELY 34.53 ACRES LOCATED APPROXIMATELY
2,000 FEET WEST OF STATE ROAD 429 (WESTERN
EXPRESSWAY) OVERPASS AT FULLER'S CROSS-EAST CROWN
POINT ROADS, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; AMENDING THE
OCOEE CROWN POINT PUD TO INCORPORATE SAID
PROPERTY; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE
CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within
the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property from Orange County "Agricultural-Residential
District" to Ocoee "PUD", Planned Unit Development District (the "Zoning") and to
incorporate said property into the Ocoee Crown Point PUD and approve the Amended Land
Use Plan for Ocoee Crown Point PUD (the "Amended LUP"); and
WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of
Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and
determined that the Zoning requested by the Owner is consistent with the City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as
amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Amended LUP was scheduled for study and recommendation
and was reviewed by the development Review Committee ("DRC"); and
WHEREAS, the DRC found that the Amended LUP was a substantial
amendment to the existing Ocoee Crown Point Land Use Plan and approved said Amended
LUP; and
WHEREAS, the Zoning and the Amended LUP were scheduled for study and
recommendation and were reviewed by the Planning and Zoning Commission of the City of
Ocoee ("PZC"); and
WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Amended LUP and the Zoning for consistency with the Ocoee Comprehensive
Plan and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and is
in the best interest of the City and has recommended to the Ocoee City Commission that it
approve the Amended LUP and the Zoning and find the Zoning consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing
with public notice thereof with respect to the Amended LUP and the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City
Commission in accordance with the procedures set forth in Section 166.041(3), Florida
Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
SECTION 2. Rezoning. The zoning classification, as defined in the Ocoee
City Code, of the following described parcel of land containing approximately 34.53 acres
located within the corporate limits of the City of Ocoee, Florida, is hereby changed from
Orange County "Agricultural-Residential District" to Ocoee "PUD", Planned Unit
Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof
(the "Property").
SECTION 3. Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. Land Use Plan. The above-described Property is hereby
incorporated into and is hereby approved subject to the Conditions of Approval and Waiver(s)
from the Ocoee Land Development Code set forth thereon:
That certain Ocoee Crown Point PUD Amended Land Use Plan (June 15,
2004) prepared by Vanasse Hangen Brustlin, Inc. date stamped received by
the City on June 17, 2004 with such additional revisions thereto, if any, as
may be reflected in the minutes of the City Commission of the City of Ocoee
meeting approving the same.
-2-
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5. Official Zoning Map. The City Clerk is hereby authorized
and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to
execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G)
of Article V of Chapter 180 of the Ocoee City Code.
SECTION 6. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan and the JPA
Agreement.
SECTION 7. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8. Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 9. Effective Date. This Ordinance shall become effective upon
passage and adoption.
-3-
i
PASSED AND ADOPTED this day of , 2004.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(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
-4-
EXHIBIT "A"
Begin at the Quarter Section Post of the South Boundary of Section 1, Township 22 South,
Range 27 East, run thence North 904.86 feet, thence East 1683 feet, thence South 904.86 feet,
thence West 1683 feet to Point of Beginning.
LESS:
Begin at a point 957 feet West and 904.86 feet North of the Southeast Corner of Section 1,
Township 22 South, Range 27 East, run thence West 1200 feet, thence South 16 feet, thence
Northeasterly 1201.9 feet to a point due South of the Point of Beginning, thence North .82 feet to
the Point of Beginning.
Said parcel contains 34.53 acres of land, more or less.
-5-
•
EXHIBIT "B"
Poer Property Location ,
Map
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EXHIBIT "C"
[Insert Land Use Plan]
-7-
Agenda 08-17-04
Item VI.A.3.b.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Edward A. Storey III, Esq.
FOLEY&LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
For Recording Purposes Only
SECOND AMENDMENT TO
DECLARATION OF CONDITIONS OF APPROVAL
(OCOFF. CROWN POINT Pili))
THIS SECOND AMENDMENT TO DECLARATION OF CONDITIONS OF
APPROVAL (this "Amendment") is made as of the day of August, 2004 by the
CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North
Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, the City and THE SCHOOL BOARD OF ORANGE COUNTY,
FLORIDA, a body corporate existing under the Constitution and laws of the State of Florida
(the "School Board") entered into that certain Declaration of Conditions of Approval (Ocoee
Crown Point PUD) dated September 16, 2003 and recorded September 30 2003 in Official
Records Book 7127, Page 4804, Public Records of Orange County, Florida, as amended by
that certain Amendment to Declaration of Conditions of Approval dated and
recorded in Official Records Book , Page , Public Records of Orange
County, Florida (the "Declaration"); and
WHEREAS, the City of Ocoee owns certain lands located in Orange County, Florida,
and within the corporate limits of the City of Ocoee, Florida, said lands being more
particularly described in Exhibit "A-1" attached hereto and by this reference made a part
hereof(hereinafter referred to as the "Poer Property")
WHEREAS, on August 17, 2004, the Ocoee City Commission approved Ordinance
2004-16 amending the Ocoee Crown Point PUD Land Use Plan to incorporate the Poer
Property; and
WHEREAS, the parties desire to enter into this Amendment to add the Poer Property
to the legal description provided in the Declaration and to provide a revised list of Conditions
of Approval relating to the development of the Ocoee Crown Point PUD; and
006.344497.1
WHEREAS, these changes do not change any Condition of Approval which affects
lands owned by the School Board.
NOW, THEREFORE, in consideration of the premises and agreements herein
contained, the parties hereto agree as follows.
Section 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Amendment to Exhibit "A" — Legal Description. The legal description
provided in Exhibit "A" of the Declaration is hereby amended to add the legal description of
the Poer Property and the Poer Property is hereby incorporated within the definition of "City
Property" and "Property", as defined in the Declaration.
Section 3. Amendment to Exhibit "C" — Conditions of Approval. Exhibit "C" of
the Declaration is hereby revised to incorporate the revised Conditions of Approval as set forth
in Ordinance No. 2004-16, attached hereto as Exhibit "C" and by this reference incorporated
herein and in the Declaration (with deletions stricken and additions underlined), which
supercede and replace the previous Conditions of Approval.
Section 4. Subject to the Conditions of Approvals. The Poer Property shall be
subject to the Conditions of Approval listed on Exhibit "C" as if originally included in the
Declaration.
Section 5. Ratification. Except as modified by this Amendment, the parties hereby
ratify and confirm the continued validity and viability of all terms, conditions and obligations
set forth in the Declaration. In the event of any conflict or inconsistency between the terms of
the Declaration, as amended by the first amendment thereto, and this Amendment, the terms of
this Amendment shall be construed to control and prevail.
006.344497.1
IN WITNESS WHEREOF, the City, acting by and through its duly authorized officers, have
caused this Amendment to be executed as of the day and year first above written.
s
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Attest:
Brenda Brasher, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality this ON AUGUST _, 2004 UNDER AGENDA
day of August, 2004. ITEM NO.
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 BRENDA BRASHER, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they
severally acknowledged executing the same in the presence of two subscribing witnesses,
freely and voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2004.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number(if not legible on seal):
006.344497.1
My Commission Expires (if not legible on seal):
006.344497.1
EXHIBIT A-1
LEGAL DESCRIPTION FOR POER PROPERTY
BEGIN AT THE QUARTER SECTION POST OF SOUTH BOUNDARY OF
SECTION 1, TOWNSHIP 22 S,RANGE 27 EAST, RUN THENCE NORTH 904.86 FEET,
THENCE EAST 1683 FEET, THENCE SOUTH 904.86 FEET, THENCE WEST 1683 FEET
TO THE POINT OF BEGINNING.
LESS:
BEGIN AT A POINT 957 FEET WEST AND 904.86 FEET NORTH OF THE
SOUTHEAST CORNER OF SECTION 1,TOWNSHIP 22 SOUTH, RANGE 27 EAST, RUN
THENCE WEST 1200 FEET, THENCE SOUTH 16 FEET, THENCE NORTHEASTERLY
1201.09 FEET TO A POINT DUE SOUTH OF THE POINT OF BEGINNING,THENCE
NORTH .82 FEET TO THE POINT OF BEGINNING.
006.344497.1
EXHIBIT "C"
OCOEE CROWN POINT PUD
REVISED CONDITIONS OF APPROVAL
(ORDINANCE 2004-16)
1. To the extent the Land Use Plan and these Conditions of Approval conflict with the City
of Ocoee Land Development Code, the provisions of the Land Use Plan and these
Conditions of Approval shall control.
Development Standards and UsesT
2. With the exception of Tract 4, Tract 5 and Tract 13 if developed as a Bus Depot, unless
specifically waived by the Ocoee City Commission, all development within the Ocoee
Crown Point PUD must adhere to the Ocoee Crown Point PUD Development Standards
prepared by Canin Associates dated September 2002, as the same may be amended from
time to time (the "Ocoee Crown Point PUD Development Standards"); provided,
however, that the Ocoee Crown Point PUD Development Standards will be applicable to
such tracts only if such tracts are no longer owned by The School Board of Orange
County (the "School Board"). The Ocoee Crown Point PUD Development Standards
provide additional and often more stringent criteria for development within the Ocoee
Crown Point PUD. Tract 4, Tract 5 and Tract 13 if developed as a Bus Depot are not
subject to the Ocoee Crown Point PUD Development Standards but shall, to the greatest
extent possible, be compatible therewith. In the event Tract 13 is developed as
townhomes, such development shall be subject to the residential development sections of
the Ocoee Crown Point PUD Development Standards. The Workforce Education sites
(Tracts 6A, 6B, 6G, 7A and 7B) shall be subject to the commercial development and
village center development sections of the Ocoee Crown Point PUD Development
Standards. Notwithstanding the foregoing, the City, or its assigns, as developer of the
PUD may grant waivers from, amend or modify the Ocoee Crown Point PUD
Development Standards to the extent such waivers, amendments or modifications are not
expressly inconsistent with the Land Use Plan and the Land Development Code. Any
such waiver, amendment or modification shall not require the approval of the City in its
governmental capacity.
3. The uses permitted in the single-family residential portion of the PUD (Tract 2Tracts 2. &
Q) will be the same as those uses permitted in an R-1-A district. As a condition of this
PUD, any uses that would be permitted as a special exception in an R-1-A district will
require special exception approval in this PUD.
4. The uses permitted in the Bus Depot/Townhomes portion of the PUD (Tract 13) shall be
limited to Bus Depot and townhome uses.
5. The uses within the commercial portions of the PUD will be the same as those uses
permitted in a C-2 district. 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 in this
PUD. However, even though the following uses would normally be permitted in a C-2
district, these uses shall not be permitted in this PUD: automobile parking lot, automobile
006.344497.1
repair, automobile sales (new and used), automobile auction, automotive
wrecking/salvage yard, boat sales and service, borrow pit, pawn shop, bus terminal,
equipment sales, mobile home and travel trailer sales, motor vehicle wholesale,
recreational vehicle parks, golf course/country club, recreational facility (neighborhood
and commercial) and truck stop.
6. The uses within the institutional portions of the PUD will be those uses permitted under
the Ocoee Comprehensive Plan.
7. The uses permitted in the Workforce Education portions of the PUD (Tracts 6A, 6B, 6G,
7A and 7B) shall be limited to use as Workforce Education and related uses under the
control of the School Board. For purposes hereof, "Workforce Education" uses shall
mean uses related to high school, GED or post high- school education focused on office,
computer, service and technical skills and may include the provision of services to the
public performed by students enrolled in such programs.
8. Workforce Education Tracts 6A, 6B, and 6G consist of a total of 19,400 square feet.
Tracts 6A, 6B, and 6G are conceptually located on the Land Use Plan and may be moved
or combined into one or more buildings within any Tracts other than Tract 4, owned or to
be owned by the School Board.
9. The uses permitted in the High School portion of the PUD (Tract 5) shall be limited to
use as a high school.
10. The uses permitted in the Elementary School portion of the PUD (Tract 4) shall be
limited to use as an elementary school.
11. The Ocoee Crown Point PUD Land Use Plan includes public buildings on various parcels
within the development. Article 5, Section 5-7(B) of the Land Development Code
indicates that the City Commission may authorize the location of such uses after public
notice and hearings. The public notice and hearings provided for the Ocoee Crown Point
PUD Land Use Plan and Preliminary Subdivision Plan shall also serve as the required
public notice and hearings for the proposed public buildings within this development.
Approval of the Land Use Plan shall constitute the City's approval of the following
public buildings and their associated uses:
Tracts 3 and 3A — Public parks with ball fields, concession stands, restroom facilities,
picnic facilities,playgrounds, public parking areas and other associated uses.
Tract 4—Public Elementary School with all associated uses.
Tract 5 —Public High School with all associated uses.
Tracts 6A, 6B, 6G, 7A and 7B — Workforce Education facilities as defined in this PUD
Land Use Plan.
Tract 8—Fire Station with associated uses.
Tract 11 —Public Safety administrative and training facilities with associated uses.
Tract 13 — Bus Depot facilities as defined in this PUD Land Use Plan. This tract may
also be used for other purposes, according to the Conditions of Approval.
Site Development.
006.344497.1
12. INTENTIONALLY DELETED. Intentionally Deleted.
13. Each fire hydrant shall be OSHA Yellow in color and a blue reflective marker shall be
affixed to the street in the center of the lane closest to each hydrant.
14. All house pad elevations shall exceed the 100-year flood elevation by a minimum of one
foot.
15. During submittal of a Final Subdivision Plan for any single-family development, the
Developer must show "common areas" where required recreational facilities will be
located within the residential subdivision, in accordance with the City of Ocoee Land
Development Code.
16. Tract 2 and Tract 50, the in.le-family portions if the Pro'ect, may .e developed as one
•evel. •ment. Re reati'nal -•uirements fir the two tr.cts will ie based •n h- c•m•in-d
.r. •ert . Onl one c•mmuni center will be re•uired .etween all of the sin.le-famil
portions of the project.
17. In lieu o th- devel• .er of the in.le-famil •orti.n •f the •ro.ec c•n tructin the
c•mmuni ee in, ro•m •n the i .1--fa it •• un if the site the devel• .er ma
propose to loc.to a joint use DU•lic/private structure on the Tract 3 park site. An
deci ion b the Cit C•mmi si•n relatin, to a. .royal •f the fore.•in. hall •e in it sole
and absolute discretion based on a Final Subdivision Plan and consistent with City plans
to develop Tract 3.
18. The developer •f the sin.le-family •ortion of the •roiect may pro•ose to construct the
bike path/trail area within the wetlands as shown on this Plan in order to satisfy on-site
recreation requirements. An decision •v the Ci Commission relating to an',royal of
the foregoing shall be in its sole and absolute discretion based on Final Subdivision Plan
and consistent with City plans with respect to the wetlands.
19. Interior streets, lot layouts, location of retenti•n ponds. etc. within the single-famil
*ortion of the .ro'ect as hown hereon are conce•tual •nl . Final 1•catiins will be
determined and a.'roved as .art of Final ubdivi ion Plan submitted for those .ortion
of the project.
20. --All screen walls, landscape buffers, entry and corner landscape improvements, and
sidewalks shall be completed prior to issuance of the Certificate of Completion for those
corresponding phases.
2L �7-For each single-family lot, a street tree shall be provided by the homebuilder at the
front of each lot(two street trees on corner lots, with one on each street),prior to issuance
of a Certificate of Occupancy for the house constructed on that lot. Each tree shall be a
shade tree and shall be a minimum of 2" DBH and 10' tall at the time of planting.
22, -1-&-For each individual lot within the single-family subdivision, if it is developed under
the Large Lot Criteria Matrix, the buildings shall not exceed 55% lot coverage and the
total of all impervious surfaces shall not exceed 65%. If the single-family subdivision is
developed under the Traditional Neighborhood Development (TND) Criteria Matrix, the
buildings shall not exceed 60% lot coverage and the total of all impervious surfaces shall
not exceed 75%. For each individualEach lot within Tract 13 (if it is developed with
006.344497.1
townhomes), the buildings shall not exceed 70% lot coverage and the total of all
impervious surfaces shall not exceed 90%.
23. 4-9-Sffeetlights will be installed prior to a Certificate of Completion being issued, and the
cost of operations will be assumed in accordance with the provisions of the City of Ocoee
Land Development Code in effect at the time of issuance of a Certificate of Completion.
24. 20. All underground utilities shall incorporate pedestal-mounted utility boxes to be placed
back off the street . -• ' o - - -•- •:- - • -,no more than 5' forward of
the front building setback line on all residential lots.
25. 21. Unless the Developer enters into a wholesale agreement with Orange County Utilities
for the provision of sewer service from Orange County Utilities, all tracts, with the
exception of Tracts 9, 10 and 11,will receive sewer service from Orange County Utilities.
All tracts, with the exception of Tracts 9, 10 and 11, will receive potable water service
from Orange County Utilities. Tracts 9, 10 and 11 will receive sewer service and potable
water service from the City of Ocoee. All Tracts within the PUD will receive reuse water
service from the City of Ocoee.
26. 22. The Developer of each tract shall be responsible for installing reuse lines along with
the other subdivision infrastructure. At such time as reuse water is available to the
property, each Developer shall be responsible for connection to the reuse system lines.
27. 23. All on-site utilities including electrical, cable TV and telephone shall be placed
underground.
28. 2.1. Any damage caused to any public roads as a result of the construction activities
related to the project or any portion thereof shall be promptly repaired to the applicable
government standards at the sole cost and expense of the owner of the portion of the
project being developed in connection with such construction activities.
29. 25. The Developer is to protect and prevent any disturbance, siltation, or other
construction within the conservation areas (Tracts 17, 18, 19) inside the 100-year flood
elevation. Those areas are to be fenced off during construction and silt fences installed to
eliminate any possible disturbance in those areas during construction.
30. 26-Each phase of development shall stand on its own, or in connection with previously
developed phases, with respect to public services (sewer, water stormwater management,
access and other related services).
31. 27. Appropriate signage will be provided on undeveloped commercial parcels as
notification to future single-family lots purchasers of the intended use of such parcels.
Signage will be a minimum of 32 sq. ft. and placed in locations approved by the City.
32. 28. All existing structures (including buildings, power lines, existing aerial and utility
facilities) and Florida Power Corporation easements will be removed and/or terminated
prior to or during construction of the development replacing those uses.
33. 29. The development of this project will incorporate the stormwater needs of all public
roads within the project.
006.344497.1
34. 30-Each tract developed for residential purposes shall comply with the provisions of the
City of Ocoee Land Development Code relating to the inclusion of community meeting
rooms as an amenity for residential subdivisions.
35. 34-Decorative fountains shall be provided on Ponds 8 and 11, and on Tract 6F.
36. 32. Except as to Tract 5, there shall be a minimum landscape buffer of 10' between
adjacent parcels, and a 15' landscape buffer from local streets. Therefore, Tracts 1
(Waterfront Village) and Tract 2 (Residential Subdivision) shall have a minimum
landscape buffer of 10' separation between the two tracts. There shall be a 15' landscape
buffer on Tract 5 adjacent to the road south of Tract 5. Where the community park backs
up to the residential lots, there shall be a 25' landscape buffer screening the residences
from the lights and activities of the park. It is the full responsibility of the park to
construct this landscape buffer.
37. 33. Project monument signs for the Ocoee Crown Point PUD development shall be
constructed on existing easements on the western quadrants on the Ocoee Crown Point
Parkway and Ocoee-Apopka intersection. The signs shall be constructed prior to the first
Certificate of Occupancy for the residential development or the village center,which ever
comes first.
38. 34-A maximum of 2 commercial out parcels are permitted in Tract 10 and a maximum of
3 commercial out parcels are permitted in Tract 9. The access for the out parcels shall be
through the main access points as identified on the Land Use Plan. No additional access
locations will be permitted.
Easements.
39. 35. A non-exclusive conservation and drainage easement shall be dedicated to the City of
Ocoee lakeside of the 100-year flood elevation, including a 25' upland buffer area
adjoining same. A non-exclusive conservation and drainage easement will be provided
over the preserved wetlands associated with the Staten Branch ditch, also dedicated to the
City.
40. 36. Drainage easements are shown hereon for locational purposes only. Final easement
dimensions (widths) will be shown on the Final Subdivision Plan and will be sized to
meet City requirements.
4L 37. Unless otherwise noted, a 5' utility and drainage easement will be platted along all
side lot lines, and a 10' utility and drainage easement will be platted adjacent to all street
rights-of-way.
42. 38. All drainage, utility and maintenance easements shall be for the benefit of the
property owners association and/or one or more stormwater utilities established by the
City for the purpose of operating the stormwater management system within the PUD.
On the residential lots, the land burdened by such easements shall be owned by the
individual lot owners. The drainage and utility easements shall be dedicated to the
perpetual use of the public at the time of platting.
43. 3 -An emergency access easement to the retention ponds and over all drainage easements
shown hereon shall be dedicated to the City for emergency maintenance purposes at the
time of platting. The emergency access easement will not impose any obligation,burden,
006.344497.1
responsibility or liability upon the City, to enter upon any property it does not own or take
any action to repair or maintain the drainage system on the Property.
44. 40-A:perpetual, non-exclusive easement for access over all internal roadways and paved
areas shall be granted in favor of the City and other applicable authorities for law
enforcement, fire, and other emergency services.
45. 4I--Within sixty (60) days of the School Board providing written notice to the City
requesting the same along with a legal description for the easement area, the City shall
grant to the School Board a non-exclusive temporary construction access easement in a
form acceptable to the School Board and the City allowing access to Tract 5. The
easement area shall generally consist of the Property set forth on the Land Use Plan as
Tract 33. Following the conveyance of the easement, the School Board shall construct
and maintain a stabilized road over the easement area which shall also serve as aan
emergency access road for emergency vehicles. The stabilized road shall be gated so as
to prevent access by the public during days and hours where construction activities are
not taking place on Tract 5. The School Board shall be solely responsible for traffic
control issues that may arise along Ocoee Apopka Road during the School Boards use of
the easement. All improvements constructed by the School Board within the easement
area shall become the property of the City following termination of the easement. The
easement shall terminate at such time as the permanent public road within Tract 33 is
completed.
Lift Station.
46. 4—All lift stations shall be fenced with 6' black, decorative metal fence, with post rails
painted black, and shall be set back no less than 25' from any street. The lift station
fenced enclosures shall also be screened with a Viburnum, Ligustrum, or Podocarpus
hedge.
47. 43—All landscaping around lift stations shall be maintained by a property owner's
association.
48. 44-All lift station tracts shall be maintained by the master property owner's association or
dedicated to Orange County at the time of platting, free and clear of any liens or
encumbrances, or at such earlier time as may be required by Orange County.
Roads.
49. /15. No private roads or gated developments shall be permitted within the PUD unless
specifically waived by the Ocoee City Commission.
50. 46-All access rights to all public roads, except at approved locations shown on the Plan,
shall be dedicated to the City of Ocoee at the time of platting.
51. 47--All roads will be dedicated to the public unless otherwise noted.
52. 48-Additional right-of-way areas designated on the Preliminary Subdivision Plan shall be
dedicated to the public via platting (or as a separate document) prior to issuance of
building permits for the specific tract.
53. /19. It is anticipated that additional road right-of-way will be needed for future
improvements to Ocoee Apopka Road and Fullers Cross Road, as shown on Sheet C104.
006.344497.1
•
The width of additional right-of-way that will be needed on each side of each road will be
determined prior to approval of the Preliminary Site Plans or Preliminary Subdivision
Plan far each affected tract(Tracts 9, 10 and 11).
54. 50. Separate traffic impact studies shall be provided with the Preliminary Subdivision
Plans for Tracts 9 and 10. Those studies shall indicate whether turn lanes and/or other
improvements will be necessary to serve the development on those tracts, and the extent
of those improvements.
55. 41—Village Center Drive within Tracts 33 and 33A will be built in conjunction with the
development of the Village Center (Tracts 6C, 6D, 6E and 6F). In the event the road or a
portion thereof is required prior to said development then the party requiring the road will
be solely responsible for the construction of said road or a required portion thereof and
shall not be entitled to any compensation or reimbursement from any party.
56. 5?—Tracts 7A and 7B may not be developed until such time as Village Center Drive and
the road within Tract 34A and 34B is constructed.
Property Owner's Association.
57. -All legal instruments, including but not limited to the property association documents
such as articles of incorporation, bylaws, and declaration of covenants and restrictions,
shall be provided to the City for review and approval prior to or at the time of platting all
or a portion of the property.
58. 51. All tracts, which are to be owned and maintained by the property owner's association,
shall be conveyed to the property owner's association by special warranty deed at the time
of platting.
59. 55. Subject to the provisions of Conditions of Approval 85, 86 and 87, property owner's
associations will be created for maintenance and management of all common areas and
facilities within residential and commercial tracts, unless otherwise noted. All tracts
owned by the City or School Board shall be exempt from assessments by, or participation
in, property owner associations unless otherwise agreed to by the City and School Board.
Notwithstanding the foregoing, the City on its own may elect to participate on the Board
for any property owner association formed and/or retain voting rights for tracts owned by
the City.
Trees.
60. 56. Existing trees 8" or larger (other than citrus trees or "trash" trees) located along
proposed locations of buffer walls or road right-of-way lines will be preserved if at all
possible. The buffer walls and roads will be designed around those trees to incorporate
them into required landscape buffers and as street trees.
61. 57. The existing grades on individual lots containing protected trees will be maintained as
much as possible to preserve existing protected trees. For lots containing protected trees,
there will be no grading or other construction on individual lots, except as specified in the
Final Subdivision Plan,until building permits are issued for those lots.
62. 5-8-A11 utilities to be placed within the 10' easement along the front of each lot will be
placed around existing protected trees to be preserved.
006.344497.1
63. 59. In order to ensure that as many existing trees as possible will be preserved, all road
right-of-ways and retention areas will be flagged for review by the City and the Engineer
prior .to any tree removal. No clearing permits will be issued for site work or building
construction until all trees to be preserved have been clearly marked with tree protection
barriers.
64. 60-Except for Tract 4, Tract 5 and Tract 13 if developed as a Bus Depot, a tree survey
will be provided with the Preliminary Subdivision Plan submitted for each phase of
development, according to the Land Development Code requirements.
65. 6 -Removal of existing trees will be limited to clearing road right-of-way and retention
areas as detailed in these plans. All existing protected trees on individual lots will be
evaluated at the time a building permit is issued for that lot, to determine whether or not
each tree needs to be removed.
66. 62. Except for Tract 4, Tract 5 and Tract 13 if developed as a Bus Depot, 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.
School Sites.
67. 63. Pursuant to the City of Ocoee Code, the commercial properties within this PUD are
exempt from the locational requirements of the City of Ocoee Code relating to the sale of
alcoholic beverages near school sites within the PUD. Nothing herein shall be construed
as providing any exemption to the businesses within the commercial properties of this
PUD from locational requirements relating to the sale of alcoholic beverages near any
school or church not within this PUD.
68. 64:-Pursuant to Section 1013.33(11), Florida Statutes, the City advises the School Board
that Tract Nos. 4 and 5, which are intended to be developed as an elementary school site
and high school site, respectively, are consistent with the land use categories and policies
of the City of Ocoee Comprehensive Plan.
69. 65:-Intentionally Deleted.
70. 66-As a courtesy the School Board will submit to the City a proposed site plan for Tracts
4 and 5 prior to development thereof for comments from the City to better coordinate the
overall development. The foregoing courtesy review shall not constitute the approval of
the Ocoee Crown Point PUD contemplated by Section 1013.33(12), Florida Statutes.
71. 67. The School Board shall be required to submit to the City a proposed site plan for
Tracts 6A, 6B, 6G, 7A, 7B, 13, and 41. The proposed site plans for these tracts shall be
subject to review and approval by the City in accordance with the then applicable
provisions of the Ocoee Land Development Code; provided, however, that in connection
therewith, the City shall not impose any conditions inconsistent with the approved Land
Use Plan or require any off-site improvements so long as said Tracts are owned and
developed by the School Board for governmental or public education purposes.
006.344497.1
72. 68,Modular buildings (portables) will not be allowed on Tracts 6A, 6B, 6C, 6D, 6E, 6F,
6G, 7A and 7B.
73. 69:-Intentionally Deleted.
Bus Depot/Townhomes.
74. 70. For purposes hereof, "Bus Depot" shall mean: parking, storage, staging, maintenance
and repair of Orange County Public School buses.
75. —In the event Tract 13 is developed for townhomes, the deed for the conveyance of
each townhome unit shall contain a restriction requiring that the garages must be used for
parking cars and the parking will be prohibited on the public or private streets within the
townhouse area, except in designated parking spaces.
76. 72—In the event Tract 13 is developed for townhomes, the deed for the conveyance of
each townhome unit shall contain a restriction indicating that if trash cans are used at
individual units, they should be stored in the garage, but if they are stored outside the
garage, they will be screened from view with a decorative fence and/or landscaping.
77. 7-3-In the event Tract 13 is developed for townhomes, short-term rentals (rentals less than
6 months) shall be prohibited. This restriction shall be incorporated into the joint HOA
documents and shall also be enforceable by the City.
78. 71. The subdivision infrastructure for Tract 13 (Bus Parking and
Maintenance/Townhomes) will be sized for the primary use of townhomes; which
requires higher service levels than the bus parking/maintenance use.
79. 75. In the event Tract 13 is developed for townhomes, Tract 13 shall be developed
consistent with all provisions of the Ocoee Land Development Code relating to
townhomes in affect at the time of development. Nothing herein shall be construed as
granting any subdivision or site plan approval for Tract 13.
80. 76. Except as otherwise agreed to by the City and School Board, the School Board is not
contributing toward the costs of the master project infrastructure, including roads, utilities
and the master stormwater system within the PUD and for bringing of infrastructure
improvements up to the PUD. Notwithstanding the foregoing, in the event Tracts 12,
12A, 12B, 13 and 41 are developed or utilized for any purpose other than as a Bus Depot
and associated purposes related thereto,then: (a) the developer of Tract 13 shall be solely
responsible for the construction of the segment of Ocoee Parkway (including associated
stormwater ponds, utilities, intersection improvements, turn lanes and sidewalks) within
Tracts 12C, 35 and 16B from Fuller's Cross Road to the southern boundary line extended
of Tract 4 and to the extent the City or others install all or some of the above-referenced
infrastructure the City shall notify the owner of Tract 13 of its intent to install such
infrastructure prior to commencing such work and the developer shall reimburse 100% of
the costs and expenses incurred within sixty (60) days of receipt of a written demand for
such reimbursement accompanied by documentation with respect to the expense for
which reimbursement is sought; and (b) no building permits or Certificates of Occupancy
shall be issued by the City for Tracts 12, 12A, 12B, 13 or 41 until such time as the City
issues a Certificate of Completion for such infrastructure and, if applicable, receives the
foregoing reimbursement. The foregoing condition is a material inducement to the City
006.344497.1
to allow Tract 13 to be developed or utilized for purposes other than as a Bus Depot and
the City would not allow such in the absence of this condition which is intended to
allocate to Tracts 12, 12A, 12B, 13 and 41 an equitable portion of the master project
infrastructure costs which are otherwise being borne by the City or others.
81. Intentionally Deleted.
82. 78. If Tract 13 is developed as a Bus Depot, at a minimum there shall be a landscape
buffer of 25' between the Bus Depot use and both the West Orange Trail and Ocoee
Parkway. The landscape buffer shall contain a berm and the property line between Tract
13 and the West Orange Trail shall be fenced with a black fence with black posts and
rails, and a creeping vine planted along the fence. If Tract 13 is developed as townhomes,
the minimum landscape buffer shall be 15'. Adjacent tract landscape buffers will remain
at 10' as designated on various sheets of these plans.
Sidewalks.
83. 7-9-Sidewalks shall be constructed in locations as shown on the Preliminary Subdivision
Plan. With the exception of development of Tracts 4 and 5 sidewalks which are shown to
be within the development parcels shall be constructed at the cost of the parcel developer
and shall be constructed prior to issuance of the first Certificate of Occupancy for the
parcel. Sidewalks shown within the right-of-way as well as street lighting and
landscaping shall be constructed as part of the corresponding infrastructure
improvements.
84. 8.8--At all corners and where otherwise applicable, sidewalks shall have access ramps
constructed to accommodate those in wheelchairs and others who are physically
challenged.
Wetlands.
85.. $-h-Wetland and existing surface water impact for this property is regulated by SJRWMD
and FDEP. General or Individual permits are required from these agencies prior to
commencement of construction.
86. Bz-Subject to 84(b) below, the Developer shall comply with all requirements of the City
and other governmental entities with jurisdiction to protect the wetlands being preserved
and to prevent any disturbance, siltation, or other construction below the natural wetland
lines. Further, the areas below the natural wetland lines shall be fenced off (and silt
fences shall be installed) during construction activities immediately adjacent to the
wetlands, in order to minimize disturbances of the wetlands during construction.
87. $--The Developer agrees to implement the wetland impact and mitigation plan provided
in Section C of the Crown Point PUD Conceptual Environmental Resource Permit
Application and Stormwater Management Computations site as set forth in the
submission dated September 22, 2002 from VHB to St. John's River Water Management
District (SJRMD) and its attachments. The Developer agrees to undertake the Developer
commitments set forth in the report. The Developer must obtain approval from the City
to deviate there from.
88. $4-With respect to flood plains and wetlands,the Developer agrees as follows:
006.344497.1
a. There shall be no development in the 100-year flood plain.
b. If the Developer obtains development permits from the St. Johns River Water
Management District, which allow for a wetland enhancement program, then the
Developer may develop in accordance with those permits, so long as the
development is consistent with the Preliminary Subdivision Plan submitted to the
City by the Developer. Without limiting the foregoing, the Developer
acknowledges that the City will accept the concept of having retention of
stormwater in wetlands, but only if the wetlands are still defined as functional,
enhanced wetlands in the post-development state. There may be exceptions to
this standard of certain locations specifically approved as part of the Final
Subdivision Plan. In the event the Developer does not obtain development
permits from St. Johns River Water Management District for intrusion or
enhancement of wetlands, then the Developer will submit to the City a
modification of the current Preliminary Subdivision Plan wherein no intrusion or
enhancement of wetlands is provided.
c. To the extent any wetlands located within the subject property have not been
dedicated to the St. Johns River Water Management District, the Developer
agrees, at the request of the City, to dedicate such wetlands to the City for
conservation or open space purposes (or for recreational purposes as approved by
the City and the St. Johns River Water Management District).
Stormwater.
89. SS-All property in this PUD is subject to the provisions of Article I of Chapter 150 of the
City Code, the Stormwater Management Utility System Article. In addition, the City may
establish within the PUD one or more stormwater utilities for the operation of the
stormwater management system and/or one or more stormwater management system
benefit areas for the operation, maintenance and administration of the public stormwater
management system for the benefit of all or a portion of the PUD. Any such stormwater
utility maybe designated by the City as the maintenance entity for the project's
stormwater management system.
90. 8-6,In the event one or more stormwater utilities are established within the PUD the City
of Ocoee will retain title to the stormwater management tracts and the stormwater utilities
will operate and maintain the stormwater systems within the stormwater tracts.
9L 8 --In the event the master stormwater retention ponds are conveyed to a property
owner's association (the "Association") then the Developer shall remain responsible for
the maintenance of the project's master stormwater management system ("SWMS"),
including all master stormwater retention ponds, until such time as: (i)the SWMS for the
project is constructed and appropriate certificates of completion issued by both the City
and the SJRWMD, (ii) the master stormwater retention ponds intended to be conveyed to
the Association have in fact been conveyed to the Association, (iii) the Association is
designated as the maintenance entity on the records of the SJRWMD and all transfer
records required by SJRWMD have been executed and accepted by SJRWMD, (iv) the
City has been provided with a copy of the developer's proposed maintenance plan with
respect to the SWMS, and (v) the City has been provided with a written statement from
006.344497.1
the Association acknowledging receipt of the Developer's proposed maintenance plan
with respect to the SWMS and that the Association is responsible for the maintenance of
the SWMS.
Declaration Documents.
92 $ -All Declaration of Covenants and Restrictions affecting the Property shall include the
following provisions:
a. Provision allowing the City to levy, collect, enforce assessments for maintenance
of common areas if the Association fails to do so or fails to maintain assessments
at a level allowing for adequate maintenance.
b. Provision granting the City the right, but not the obligation, to maintain/repair the
SWMS and obtain reimbursement from the Association, or from the Developer if
(i) turnover of control to the members has not occurred, or (ii) if the Developer is
still responsible for maintenance of the SWMS.
c. Provision providing that the SWMS will be transferred to a responsible
operation/maintenance entity acceptable to the City in the event of dissolution and
that if dissolution occurs without such approval then the City may continue to levy
and collect assessments and impose liens with respect thereto notwithstanding the
dissolution of the Association.
d. Provision that the Association shall at all times be in good standing with the
Florida Secretary of State.
e. Provision that at the time of turnover of control of the Association to the
members, the Declarant shall deliver to the new Board of Directors the
maintenance plan for the SWMS accompanied by an engineer's certification that
the SWMS is functioning in accordance with all approved plans and permits. To
the extent that any such engineer's report indicates any corrective action is
required the Declarant shall be required to diligently undertake such corrective
action at the Declarant's expense and to post a cash bond with the Association for
the estimated costs of such corrective action.
f. Provision that no property owned by the City or any other governmental entity
shall be subject to assessments levied by the Association.
g. Provision incorporating by reference the Crown Point Development Standards.
h. Provision that any amendment to any provision affecting the City requires the
consent of the City in an instrument recorded with the amendment.
i. The Articles of Incorporation and Bylaws of the Association shall be consistent
with the foregoing provisions.
Miscellaneous.
93. 89. This property is subject to the terms and conditions of that certain unrecorded
Interlocal Agreement between the City of Ocoee, and the Orange County School Board
dated June 13, 2000, as it may from time to time be amended.
94. 90. The City of Ocoee is subject to the terms, provisions and restrictions of Florida
Statutes Chapter 163 concerning moratoria on the issuance of building permits under
006.344497.1
certain circumstances. The City has no lawful authority to exempt any private entity, or
itself, from the application of such state legislation and nothing herein should be
const .ied as such an exemption.
95. 94 -A copy of the PUD Land Use Plan shall be available for review by prospective buyers
in all residential sales offices.
96. 92. Pursuant to the provisions of the City of Ocoee Land Development Code, all
subdivision signage must be consistent with the legally assigned name of the subdivision.
Any subsequent change to the name of the subdivision must be approved by the City
Commission.
97. 93. This subdivision plan will comply with City of Ocoee Code Chapter 48-5, relating to
motorboats capable of generating more than ten(10)horsepower.
98. 91. Minor relocation of West Orange Trail is anticipated to allow construction of the
Ocoee Crown Point PUD. The minor relocation of the West Orange Trail through the
Village Center must provide users with one safe crossing across Ocoee-Apopka Road.
The Village Center shall serve as a destination along the West Orange Trail and connect
the Crown Point project with the surrounding destination. Additionally,the School Board
intends to connect Tract 5 to the West Orange Trail by a pedestrian walkway, and install a
bicycle rack adjacent to the West Orange Trail. Modification to the West Orange Trail is
subject to the Tri-Party Agreement (OR Bk 5889, Pgs. 1797-1811). The proposed
modification shall be approved by the City of Winter Garden and Orange County Parks
and Recreation Department prior to commencing construction.
99. 95. A utility agreement will be required between Orange County Public Utilities and the
City of Ocoee to allow the following: a) connection of the water mains to improve fire
flow conditions for the Ocoee Crown Point PUD and b) OCPU sanitary sewer service for
the commercial and public service parcels south of the beltway. The agreement shall be
in place prior to issuance of the utility construction permit for the initial phase of the
project unless otherwise agreed to by the City.
100. 96. The Preliminary Subdivision Plan is intended primarily to provide a plan for the
streets, utilities and stormwater management to serve the high school site (Tract 5).
Facilities shown on this plan that would serve all other tracts are conceptual only. Prior
to development of any other tracts beyond Tract 5, separate Preliminary Subdivision
Plans must be submitted and approved for those additional tracts.
101. 97. Notwithstanding Tract 1 being labeled "Waterfront Village," the Waterfront Village
shall consist of Tracts 1,43, 45 and 3A which shall total at least 10 acres.
102. 9&-At such time as the City conveys all or one of the school-related tracts to the School
Board the School Board shall convey Tracts 12, 12A, 12B and 12C to the City. At the
time of said conveyances, the City shall grant to the School Board an access and
stormwater retention easement over Tracts 12, 12A, 12B and 12C.
103. 99. It is the intent of these Conditions of Approval to allow the City and the School Board
to swap tracts within the Workforce Education portion of the PUD and the Village Center
portion of the PUD, if and to the extent mutually agreed upon by the City and School
Board. Accordingly, the Workforce Education uses and the commercial uses within the
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Workforce Education portion of the PUD and the Village Center portion of the PUD may
swap or interchange, subject to the approval of the City, without the need to amend the
Ocoee.-Crown Point PUD.
104. 100. At the time of development of Tract 3 by the City and/or development of Tract 4 by
the School Board, the City and School Board may enter into an Interlocal Agreement
providing for the shared use of the Tract 4 recreational and parking facilities.
105. 101. Notwithstanding anything contained in these Conditions of Approval or shown on
any sheet of the plans to which these Conditions of Approval are attached, the City is
under no obligation to include any specific level of landscaping (including, but not
limited to trees, bushes or decorative details, structures or fountains) with any of the
subdivision infrastructure.
106. 102. The Owner of each tract within the PUD shall have the right to apply to the City for
a change in the land use or specific Conditions of Approval as they relate to that tract
without the requirement that the tract owner obtain the joinder and consent of any other
late:landowner within the PUD.
107. • 11 s ede trian areas trails cut-thr•u_s_11 trails .ike .aths .oardwalks etc. hall be o sen
to the public.
NOTE: Blackline shows changes from the Conditions of Approval set forth in Ordinance
No. 2003-34.
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