Item VI (B) 2. Second Reading of Ordinanace No 98-24, Westridge PUD, Land USe Plan Admendment, Case No 91-002A (97) Agenda 10-06-98
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI B 2
Ocoee
CITY OF OCOEE COMMISSIONERS
DANNY HOWELL
.. �� • 150 N.LAKESHORE DRIVE SCOTT ANDERSON
a + OCOEE,FLORIDA 34761-2258 SCOTT A.GLASS
C NANCY J.PARKER
c:# ccs (407)656-2322
y `r � CITY MANAGER
f4 Of GOOD N> ELLIS SHAPIRO
STAFF REPORT
DATE: September 9, 1998
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis,AICP, Senior Planner
THROUGH: Russ Wagner,AICP,Director of Planning /
SUBJECT: Westridge PUD
Land Use Plan Amendment
Ordinance No. 98-24
Case#91-002A(97)
ISSUE:
Should the Mayor and City Commissioners approve Ordinance No. 98-24 providing for a Revised Land
Use Plan for the Westridge PUD?
BACKGROUND:
The subject property is located at the southeast corner of the intersection of Maguire Road and Moore
Road and currently has PUD zoning. The adjacent properties to the south and west have residential and
agricultural zoning and are currently vacant. The Plantation Grove PUD (mixed use) is located to the
north and is partially developed. The property to the east has residential zoning and existing residential
uses.
The application being considered is a request to amend the currently approved Westridge PUD Land Use
Plan. The current Land Use Plan includes only low density residential uses (245 units), with appropriate
recreation and wetland conservation areas. The proposed amendment would take 9 acres of the residential
area, located at the intersection of Maguire Road and Moore Road, and change the use to commercial,
leaving 214 units of low density residential. There are also a few proposed changes to the PUD
Conditions of Approval.
DISCUSSION:
When the attached Revised Land Use Plan for the Westridge PUD was reviewed by the Development
Review Committee(DRC)on August 19, 1998,there were several issues which had not yet been resolved
to the satisfaction of the reviewers. A memo from Martha Formella (Assistant City Attorney) listed
several items related to that Plan and the associated application documents which still needed to be
addressed. There was also a memo from the Planning Department listing seven items which, in the
opinion of the reviewers, should be incorporated into the Revised Land Use Plan.
September 9, 1998
Mayor and City Commissioners
Page 2
During the DRC meeting,the various issues to be resolved were discussed with the developer prior to a
motion being made on a recommendation. The developer indicated that he would address all the items
from the City Attorney. He also indicated that he would agree to one of the seven items listed in the
memo from the Planning Department(item # 6 listed below), but he was opposed to incorporating the
other six items into the Revised Land Use Plan.
The DRC determined that all the conditions discussed should be incorporated into the Revised Land Use
Plan. The Committee voted unanimously to recommend approval of the Revised Land Use Plan, date
stamped received by the City on July 20, 1998, subject to satisfactorily addressing all the comments from
the City Attorney, and subject to incorporating all seven conditions listed below as part of the City
Commission approval. The attached Land Use Plan,dated September 3, 1998, is identical to the Land Use
Plan which was reviewed by the DRC on August 19, 1998.
1) That proposed additional right-of-way to be dedicated for 7th Avenue along the eastern edge of the
site should not be identified as a tract, but simply identified as additional right-of-way.
Accordingly,Condition 22 on Sheet 2 should read as follows(this Condition is consistent with the
currently approved Westridge PUD):
"The Developer will dedicate sufficient right-of-way to Orange County for a 60'
wide 7`h Avenue when combined with the existing right-of-way along the entire
eastern boundary of the PUD. Dedication of 7th Avenue right-of-way shall be
required at the time of platting,or within 60 days of written notice from the City,
which ever occurs first. With the exception of roadway, utilities and sidewalks,
construction shall be prohibited within the proposed 7th Avenue right-of-way and
the existing dirt road except as required to connect to Orange County's water and
sewer systems."
2) That a second three-lane entrance to the development from Moore Road be provided to line up
with the existing entrance to the Cross Creek subdivision (this Condition is consistent with the
currently approved Westridge PUD).
3) That Condition 6 be revised to indicate generally what amenities will be provided in the Park /
Recreation area. Accordingly,the Condition should read as follows (this Condition is consistent
with the currently approved Westridge PUD):
"To meet Ocoee PUD requirements, 3.0 acres to be owned and maintained by
Homeowners'Association. Amenities to include clubhouse,tennis,pool and tot-
lot,or other amenities approved by the City with the Final Subdivision Plan'?'
4) That the entry point to the commercial parcel off the main entrance road needs to be moved back
to a point at least 400' from Maguire Road (this would be a full access point), unless a traffic
study approved by the City determines that a lesser distance would be adequate. This would
accommodate left turn lanes in both directions,for vehicles turning left into the commercial parcel
and for those turning left onto Maguire Road. A right-in/ right-out entrance to the commercial
parcel could be located closer to Maguire Road.
5) That the note which refers to the 10 foot wall easement along Moore Road and 7th Avenue be
revised to read: "...with 6'brick wall",rather than "...with 6'block wall".
September 9, 1998
Mayor and City Commissioners
Page 3
6) That a 35' radius be provided for additional right-of-way at the intersection of Maguire Road and
Moore Road (from the new Maguire Road line). This "corner clip" is needed to allow for a
sidewalk and utilities to run around the corner.
7) That a pedestrian access point between the Westridge PUD and the adjacent property to the south
be provided. Accordingly, a note should be provided indicating that the exact location of the
access point will be determined with the Preliminary Subdivision plan for that portion of the site.
The Orange County School Board is considering locating a school site in this vicinity and this
pedestrian access will be necessary to allow school children to walk to school without going out
onto the main streets.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
At their regular meeting on September 8, 1998, the Planning and Zoning Commission held a Public
Hearing regarding the Proposed Land Use Plan Amendment to Westridge PUD. After lengthy discussion
pertaining to the seven items recommended by the DRC and after hearing responses from the developer,
the Planning and Zoning Commission voted 3-2 to recommend approval of the Proposed PUD
Amendment in accordance with the Staff recommendation. Of most concern to opposing members of the
Planning and Zoning Commission were the provisions requiring the dedication of rights-of-way along 7th
Avenue and Maguire Road.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning and Zoning Commission, Staff respectfully
recommends that the Mayor and City Commissioners adopt Ordinance No. 98-24 providing for a
Revised Land Use Plan for the Westridge PUD (Case # 91-002A (97), as date stamped received by
the City on September 3, 1998,subject to the following Conditions:
• That the developer satisfactorily address all the comments from the City Attorney in the
attached memo from Martha Formella(dated July 29, 1998);
• That all seven Conditions listed above in this staff report be incorporated into the Revised
Land Use Plan approved by the City Commission;
• That the City Commission approve the Small Scale Comprehensive Plan amendment
currently being considered,which would change the designation of 9.0+1-of this property to
commercial,and the ordinance becoming effective.
• That the City Commission authorize the Mayor and City Clerk to execute a new Developer
Agreement which incorporates all the Conditions of Approval adopted as part of the
Revised Land Use Plan for the Westridge PUD.
• That the Orange County Commission approve an amendment to the Belmere PD Developer
Agreement which is acceptable to the City. A copy of that proposed amendment shall be
provided to the City for approval prior to final action by the Ocoee City Commission on the
Westridge PUD amendment. The Belmere PD amendment should accomplish the following:
i. All multifamily residential uses anywhere in the Belmere development would be
prohibited, except that adult congregate living facilities would not be considered a
multifamily use for the purposes of this prohibition;
September 9, 1998
Mayor and City Commissioners
Page 4
ii. Any subsequent amendment to the foregoing provision of the Belmere PD Developer
Agreement would not be effective unless approved by Orange County at an
advertised public hearing; and
iii. The City of Ocoee would receive at least thirty (30) days prior notice of any such
public hearing.
Attachments: Revised Westridge PUD Land Use Plan,date stamped September 3, 1998
Memo from Martha Formella dated July 29,1998
Ordinance No. 98-24
C:\ALL_DATA\CAPDFILE\Staff Reports\CC SR\SR98043.doc
FOLEY & LARD NE
ATTORNEYS AT LAW
; j• JUL �. frr 4 it
9�i .Y -
� DIEGO
POST OiFICE 80X 2193 - ,J AN CESCO
CHICAGO ORLANDO,FLORIDA 32802-2191
JACKSONw1LLE rr TT r (�r v r r TALLAHASSEE
LOS ANGELES 111 NORTH ORANGE AVENUE.SUITE 7800 C 1 1 ! a, �j` TAMPA
ORLANDO,FLORIDA 32101-2386 WASHINGTON D.C.
MMILWAUKEEDISON TELEPHONE(4071 423-7456
WEST PALM!MACH
CEN FACSIMILE(4071 6AS-1743 SACRAl4ENT0
WRITER'S DIRECT LINE
KEMORANDLJM
TO: Ellen M. King, Development Review Coordinator
FROM: Martha H. Formella, Esq. , Assistant City Attorney
DATE: July 29, 1998 :.
RE:
Westri a PUD - Land Use an Awend4►ent
In connection with the above referenced application, we
have reviewed the following documents:
1 . Revised Land Use Plan prepared by Glatting Jackson et al.
revised June 12, 1998 and stamped received by the City of
Ocoee July 20, 1998 (the IIRLUPII) ;
2 . Responsentoletter
ociat s, In dated July 20,e1998 and stamped
of Donald W.
McIniveh Abs of Ocoee July 20, 1998 (the
received by the City
"Response") ;
3 . Letter from Gordon S. Nutt of GSN Development Company
dated July 20, 1998 and stamped received by the City of
Ocoee• July 20. 1998;
4. Draft Warranty Deed stamped received by the City of Ocoee
July 20, 1998; and
5. Draft Developer Agreement stamped received by the City of
Ocoee July 20,
This memorandum supersedes our memoranda dated December
1o, 1997 and May a 18, 1to9the nnew Lad ndon our review of Devel Development Code,he documents
we have the
noted above pursuant t
following comments:
ESTABI-ISHEO 1842
P.u3-Sa+a4►Oa4,S$ufT64aT 4�•C Ta..4.
•
-___ -�n...ns...Fuwt�uK.L �T ^An ,nwn ,•"."T 0R/R7/!(1
•
ion
1. The City has received conflictingrn follows: Land oUsen Land r
the ownership of the Property inion dated November 4,
amendment application, Title Op
1997, and draft Warranty Deed identify Gordon S. Nutt,
individually and as trustee as the owner;
Developer Agreement identifies GSN Development Company as
the owner. Please conform the document (s) -
2. A revised draft achedanty(Se Deed
Comment11 as a above lacP�ease
version are a
advise if the owner is incorrect) . Since prorated taxes
must be escro�onveuancewill not be subject 196.295,t to Section t Florida
Statutes, the Y
3 . Please provide tax documentation from Orange County
regarding the property to beconveyed
Fla. Stat to S the CiCity
including the amount per day-
4. Comment's on the draft Developer
rtAon with t the Devfollow
under separate cover. In con
Agreement, a current Title leased note ort or n that the legal
ey's Title
Opinion is required.
description on- the Title Opinion dated November 4, 1997
is inconsistent with the legal descriptions reconciled by
r from Dean,
Mead
theSurveyor's C fprioroopin. (A onttise will satisfy the
ettal. updating the
title requirement provided that the legal description
discrepancy is corrected.) Please confirm that the
property to be conveyed to the City is included within
the legal description attached to the Title Opinion.
S. Please standardize references to the "Developer
Agreement", including those references in Conditions of
Approval 20, 27, 28, and 29. Since with the RLUPr
Agreement will be aproved contemporaneousn ro"proposed" should be
references such as "revised" and P P
deleted.
6. City Staff should verify the legal descriptionaetc forth
in the draft Warranty Deed. it app
se
beginning with "LESS" should be deleted.
7. City Staff should confirm that Exhibit A to the
Surveyor's Certification matches
sothe
legal
description 199on
the RLUP approved by
the 8-
City Staff should determine whether Condition of Approval
22, which c�ae8the
ecDeobligations Ing
7th Avenue = the Snd velapergreement�is
2
_. .- --- •-- �. .,...... .,.. .e 'IA
acceptable-
If you have any questions or comments, please do not
hesitate to call.
Attachments CityAttorney
cc: Paul E. Rosenthal, Esq. ,
3
This Instrument Prepared By:
Stephen J. Bozarth, Esquire
DEAN. MEAD. EGERTON, BLOODWORTH.
CAPOUANO & BO2ARTH, P.A.
Post Office Box 2346
Orlando. Florida 32802-2346
(407) 841-1200
Return to:
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, Florida 34761
(407) 656-2322
PARCEL IDENTIFICATION NO. :
WARRANTY DEED
THIS WARRANTY DEED made the day of
1996, by GORDON S. NUTT, individually and as Trustee of a land
trust (the "Trust") created pursuant to Section 689.071, Florida
Statutes, and existing under and by virtue of the provisions of an
unrecorded trust agreement known and designated as the GORDON S.
NUTT REVOCABLE TRUST, dated the 11th day of December, 1984, whose
post office address is 7651-H Ashley Park Court, Suite 404,
Orlando, Florida 32835 (hereinafter referred to as the "Grantor") ,
to THE CITY OF OCOEE, a Florida municipal corporation, whose post
office address is 150 North Lakeshore Drive, Ocoee, Florida 34761
(hereinafter referred to as the "Grantee") :
(Wherever used herein the terms "Grantor" and "Grantee• include all the
parties to this instrument and the heirs, legal representatives iass
of individuals, and the successors and assigns of trustees. corpora
partnerships.)
WITNESSETH,:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms
a0 .07/,n
unto Grantee, all that certain real property (hereinafter referred
to as the "Property") situate, lying and being in Orange County,
Florida, and being more particularly described as follows:
The West 20 feet of North 1/2
228f Easc,SOrar gesCounty,fSection
Florida
32, Township 22 South,
TOGETHER with all of the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of the Property in fee simple; that the Grantor has
good right and lawful authority to sell and convey the Property,
and hereby warrants the title to the Property and will defend the
same against the lawful claims of all persons claiming by, through
or under the Grantor, but against no others.
Grantor certifies that on the date of execution, delivery
and recordation of this instrument, neither Grantor nor any
member
of Grantor's family resided upon any portion of the Property, or
any real property contiguous thereto. The Property is not the
constitutional homestead of the Grantor. The constitutional
homestead of Grantor is located at 11940 Lake Butler Boulevard,
Windemere, Florida 34786.
IN WITNESS WHEREOF,- Grantor has executed and delivered
this instrument and has intended this instrument to be and
become
effective as of the day and year first above written.
.....w. nn'07/IA
Signed, sealed and delivered inthe GRGRANTORpresence of the following
two
l
Print Name: GORDON S. NUTT, individually and as
Trustee of the Gordon S. Nutt
Revocable Trust
Print Name:_
(Witness)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument wag acknowledged befo?e me this day of
, 1998. by GORDON S. MUTT, individually and in his capacity as Trustee
of the Gordon S. Nutt Revocable Trust. Said person (check one) is personally
known to me, produced a driver's license (issued by a state of
the United
ed
States within—Eh-7 last five (5) years) as identification, or P
ridentification, to wit:
Print Name:
Notary public, State of Florida
Commission NO.: -
My Commission Expires:
•
•
kw rrtematmseemmmmU lees
_ T TT^T Pw,T owe IAF,V oc:CT oaiazitn
This Instrument Prepared By:
Stephen J. Sozarth, Esquire
DEAN, MEAD, EGERTON, BLOODWORTH,
CAP0UANO & BOZARTH, P.A.
Post Office Box 2346
orlando, Florida 32802-2346
(407) 841-1200
JReturn to:
Jeans—on Cit Clerk
CITY OF OCO
0 N. es•ore Drive
Oe 23
. Florida 47
07� 6P6- 22'1
PARCEL IDENTIFICATION NO. :
WARRANTY DEED
THIS WARRANTY DEED made the day of
1998, by GORDON S. NUTT, individually and as Trustee of a land
trust (the "Trust") created pursuant to Section 689.071, Florida
Statutes, and existing under and by virtue of the provisions of an
unrecorded trust agreement known and designated as the GORDON S.
NUTT REVOCABLE TRUST, dated the 11th day of December, 1984, whose
post office address is 7651-B Ashley Park Court, Suite 404,
Orlando, Florida 32835 (hereinafter referred to as the "Grantor") ,
to THE CITY OF OCOEE, a ,IFloridalmunicipal corporation, whose post
office address is 150 North Lakeshore Drive, Ocoee, Florida 34761
(hereinafter referred to as the "Grantee") :
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns
of individuals. and the successors and assigns of trustees, corporations and
partnerships.)
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirms
•
___ ____ � .......... ..�.� naw ...mow .n•nt ne /ee//A
unto Grantee, all that certain real property (hereinafter referred
to as the "Property") situate, lying and being in Orange County,
Florida, and being more particularly described as follows:
The West 20 feet of North 1/2 of the Southwest 1/4 of Section
32, Township 22 South, Range 28 East, Orange County, Florida
wighto of war}-.
TOGETHER with all of the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is
lawfully seized of the Property in fee simple; that the Grantor has
good right and lawful authority to sell and convey the Property,
and hereby warrants the title to the Property and will defend the
same against the lawful claims of all persons claiming by, through
or under the Grantor, but against no others.
Grantor certifies that on the date of execution, delivery
and recordation of this instrument, neither Grantor nor any member
of Grantor's family resided upon any portion of the Property, or
any real property contiguous thereto. The Property is not the
constitutional homestead of the Grantor. The constitutional
homestead of Grantor is located at 11940 Lake Butler Boulevard,
Windemere, Florida 34786.
IN WITNESS WHEREOF, Grantor has executed and delivered
this instrument and has intended this instrument to be and become
effective as of the day and year first above written.
__. .._. ._, .........«... ^LIT ewe 'AL.I% Oct/R7/011
Signed. sealed and delivered in the
presence of the following two witnesses:
GRANTOR
Print Name: GORDON S. NUTT, individually and as
Trustee of the LGordon S. NUtt
Revocatla Trust
Print Name:
(witness)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged befor4..me this
day of
1998, by GORDON S. NLTTT, individually and in his capacity pas) is Trustee
of the Gordon S. Nutt Revocable Trust. Said person (check acetate of orally
known to me, proauce a iver s license (issued by rod theed nited
States within the last five (5) years) as identification, or P
identification. to wiL:
Print Name:
Notary Public. State of Florida
Commission No.:
My Commission Expires:
•
•
•
Pavy taiELLNEVM/ (momaiaiwff:rer
.. ran .nalll OP•PT 00/127//rl
ORDINANCE NO. 98-24
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
••
APPROVING A SUBSTANTIAL AMENDMENT TO THE
REVISED LAND USE PLAN FOR THE WESTRIDGE PUD,
ON CERTAIN REAL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MAGUIRE ROAD AND
MOORE ROAD, AS PETITIONED BY THE PROPERTY
OWNER; AMENDING THE WESTRIDGE PUD REVISED
LAND USE PLAN TO ALLOW FOR COMMERCIAL USES
AND TO REVISE THE CONDITIONS OF APPROVAL
RELATED TO THE DEVELOPMENT OF THE
WESTRIDGE PUD; PROVIDING AN EF'F'ECTIVE 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 certain
amendments (the "Amendment") to the Westridge PUD Revised Land Use Plan, as approved
by the Ocoee City Commission on April 21, 1992 (the "Revised Land Use Plan");
WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of
Ocoee, Florida (the "Ocoee City Code"), the Planning Director has reviewed said petition and
determined that, subject to the incorporation of certain revisions recommended by the City, the
Amendment is consistent with the City of Ocoee Comprehensive Plan, as amended by
Ordinance No. 98-23 (the "Ocoee Comprehensive Plan");
WHEREAS, the Amendment was scheduled for study and recommendation and
was reviewed by the Development Review Committee ("DRC") on August 19, 1998;
-1-
WHEREAS, the DRC voted unanimously to recommend approval of the
Amendment, subject to certain revisions thereto;
WHEREAS, the Amendment was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee ("PZC") on September 8, 1998;
WHEREAS, the PZC reviewed the Amendment for consistency with the Ocoee
Comprehensive Plan and determined that, subject to certain revisions to the proposed
Amendment, the Amendment 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 Amendment, along with certain revisions recommended by the PZC, and find it consistent
with the Ocoee Comprehensive Plan;
WHEREAS, the Ocoee City Commission has held a de novo public hearing
with public notice thereof with respect to the proposed Amendment, and this Ordinance which
incorporates the revisions recommended by the PZC;
WHEREAS, the Ocoee City Commission has determined that this Ordinance is
consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City
Commission in accordance with the procedures set forth in Section 166.041(3), Florida
Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapter 166, Florida Statutes.
-2-
SECTION 2. Amendment to the Revised Land Use Plan. The Revised
Land Use Plan for Westridge PUD date stamped received by the City on September 3, 1998 as
prepared by Donald W. McIntosh Associates, Inc. under Job Number 97194.0003, including
the waivers set forth thereon, which is attached hereto as Exhibit "B" and by this reference
incorporated herein, is hereby approved, subject to the Conditions of Approval set forth in
Section 3 below and further subject to the execution of a developer agreement incorporating by
reference the foregoing Revised Land Use Plan and incorporating the Conditions of Approval
set forth in Section 3 below. The City Clerk is hereby directed to conform said Revised Land
Use Plan so as to be consistent with the Conditions of Approval set forth in Section 3 below.
Said plan, as conformed by the City Clerk, supercedes and replaces all previously approved
land use plans for the Westridge PUD. All references to the Land Use Plan or the Revised
Land Use Plan for the Westridge PUD shall hereafter refer to the aforementioned plan.
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
attached hereto as Exhibit "C" and by this reference made a part hereof. Notwithstanding
anything herein to the contrary, in the event of any conflict between the Revised Land Use
Plan referenced in Section 2 above and the Conditions of Approval, the Conditions of
Approval shall control.
SECTION 4. Ocoee Comprehensive Plan. The Ocoee City Commission
hereby fords that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Inconsistent Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 6. Effective Date. This Ordinance shall become effective the
date that the Comprehensive Plan Amendment (Case No. SSCPA 97-003) adopted as
Ordinance No. 98-23 becomes effective
-3-
PASSED AND ADOPTED this day of , 1998.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED September 24, 1998
READ FIRST TIME September 15, 1998
READ SECOND TIME AND ADOPTED
, 1998
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1998.
FOLEY & LARDNER
By:
City Attorney
-4-
EXHIBIT "A"
Legal Description
The North 'h of the Southwest 'A of Section 32, Township 22 South, Range 28 East, Orange
County, Florida, LESS the West 40.00 feet and the North 40.00 feet for road rights-of-way.
Containing 76.938 acres more or less and being subject to any rights-of-way, restrictions and
easements of record.
-5-
EXHIBIT "B"
[Insert Revised Land Use Plan]
-6-
EXHIBIT "C"
Conditions Of Approval
1. MINIMUM BUILDING SETBACKS: Front 20 feet
Rear 20 feet
Side 7.5 feet
Corner 17.5 feet
2. MAXIMUM BUILDING HEIGHT: Two stories/35 feet
3. MINIMUM PARKING: Commercial Per Ocoee Code for use
Residential 2 spaces per unit
4. MAXIMUM LOT COVERAGE: 40 % of lot area for building and 50% of lot
area for impervious coverage.
5. MINIMUM OPEN SPACE: 25% of minimum
Retention unfenced 7.6 acres±
Park 3.0 acres±
Wetland 14.2 acres±
6. PROJECT RECREATION AREA: To meet Ocoee PUD requirements, 3.0 acres to
be owned and maintained by Homeowners'
association.
Amenities to include clubhouse, tennis, pool
and tot-lot, or other amenities approved by
the City with the Final Subdivision Plan .
7. SCHOOL AGE POPULATION: 150 students
8. PROJECT TRAFFIC GENERATION: Single Family 2140 trips
Commercial/office 4500 trips
9. PERIPHERAL BUILDING SETBACKS: 25 ft. and 30 ft. from project boundaries for
one and two-story structures respectively.
50 ft. from Maguire Road new right-of-way
35 ft. from Maguire Road right-of-way
25 ft. from 7th Avenue new right-of-way
25 ft. buffer with 50 ft. building setback
between residential and commercial/office
10. WATER SERVICE AND FIREFLOW: By Orange County Public Utilities
11. SANITARY SEWER SERVICE: By Orange County Public Utilities
12. STORMWATER MANAGEMENT: Onsite system per Ocoee and St. Johns River
Water Management District requirement with
discharge to positive outfall to wetland area.
Retention ponds 7.6± acres
-7-
13. STREETS & DRAINAGE: The residential portion of Westridge shall be a
private gated community with the Homeowner's
Association owning and maintaining the streets
and drainage facilities to be built to City
standards.
14. TURN LANES: The need for turn lanes at approximate locations
shown on the RLUP will be confirmed with a
traffic study which will be conducted with
PSP. The exact locations of all access points
will be shown on PSP.
15. PROPOSED LAND USES: Commercial/Office
Total area: ±9 acres
Proposed gross floor area: 90,000 SF
FAR: .23
Max. building height: 35 feet, 2 stories
Commercial setbacks: F: 25'
S: 10'
R: 20'
Abutting Residential Use: 50'
Buffer Adjacent Residentia1:25 ft. wall/landscape
Buffer to be owned and maintained by
commercial property owner.
Residential SF: Est. 214 Lots
Net 3.99 units/acre
16. MINIMUM LOT SIZE: Residential: 60 feet x 105 feet
17. MINIMUM NET LIVING FLOOR AREA: Residential: 1200 square feet
18. A homeowners' association shall be created for ownership and maintenance of all common areas,
conservation areas, open space, recreation areas, retention ponds and private streets and drainage.
19. 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 application of such state legislation and nothing
herein shall be construed as such exemption.
20. Developer will dedicate 20 feet of additional right-of-way on east side of Maguire Road by deed
to be recorded in accordance with the terms of the revised Developer Agreement.
21. Project will be developed in three (3) phases. Limits of each phase to be determined at PSP
approval.
22. The Developer will dedicate sufficient right-of-way to Orange County for a 60' wide 7th
Avenue when combined with the existing right-of-way along the entire eastern boundary of the
PUD. Dedication of 7th Avenue right-of-way shall be required at the time of platting, or
within 60 days of written notice from the City, which ever occurs first. With the exception of
roadway, utilities and sidewalks, construction shall be prohibited within the proposed 7th
Avenue right-of-way and the existing dirt road except as required to connect to Orange
County's water and sewer systems.
-8-
23. All homeowners' association documents and declarations of covenants and restrictions shall be
provided to the City for approval prior to recording the first plat.
24. Roadway locations shown on revised land use plan are conceptual. Final locations and lot layout
to be determined at PSP approval.
25. The commercial/office parcel shall conform to the C-2 zoning development standards of the City
of Ocoee, except for residential which will meet the standards for residential in this plan.
26. No more than two flag lots to be located adjacent to each other. The minimum lot width of flag
lots at right-of-way shall be 20 feet with the narrow extension not to exceed 100 feet in length.
27. At the time of platting the first phase of this development, or as determined by the City of Ocoee
to be warranted, the developer shall pay its proportionate share of the cost to signalize the intersection
of Maguire Road and Roberson/Moore Road as set forth in the revised Developer Agreement.
28. Section 13.4(5) of the PUD Ordinance requires execution of a Developer Agreement
incorporating all plans and conditions of Approval by reference. The existing Developer Agreement
shall be amended consistent with approval of this Revised Land Use Plan.
29. Conveyances to the City for right-of-way shall be as specified by the revised Developer
Agreement.
30. Any residential use in the Commercial/Office/S.F. Residential Tract must meet the same
residential standards applicable to the exclusively residential (remainder) portion of the Revised Land
Use Plan.
31. The following items shall be incorporated in the Preliminary Subdivision Plan and Final
Subdivision Plan:
a. A second three-lane entrance to the development from Moore Road shall be provided to line
up with the existing entrance to the Cross Creek subdivision.
b. The entry point to the commercial parcel off the main entrance road shall be moved back to
a point at least 400' from Maguire Road (this would be a full access point), unless a traffic study
approved by the City determines that a lesser distance would be adequate. This would accommodate
left turn lanes in both directions, for vehicles turning left into the commercial parcel and for those
turning left onto Maguire Road. A right-in/right-out entrance to the commercial parcel could be
located closer to Maguire Road.
c. The note which refers to the 10 foot wall easement along Moore Road and 7th Avenue is
hereby revised by replacing "6' block wall" with "6' brick wall".
d. A 35' radius shall be provided for additional right-of-way at the intersection of Maguire
Road and Moore Road (from the new Maguire Road line). This "corner clip" is needed to allow for a
sidewalk and utilities to run around the corner. This additional right-of-way will be required at the
time of platting or within 60 days of written notice from the City, whichever occurs first.
e. A pedestrian access point between the Westridge PUD and the adjacent property to the
south shall be provided. The exact location of the access point will be determined with the
Preliminary Subdivision Plan for that portion of the site.
-9-
OR16 The Orlando Sentinel,Thursday,September 24, 1998 I-11
NOTICE OF PUBUC HEARING
CITY OF OCOEE
AMENDMENT TO WESTRIDGE PUD
NOTICE IS HEREBY GIVEN pursuant
to Section 166.041 Florida Statutes,
and Section 4-5D,Ocoee Land Devel-
opment Code, that the Ocoee City
Commission will hold,at a regular ses-
sion to be held October 6,1998 at 7:15
p.m.,or as soon thereafter as
a PUBUC HEARING in the Commis-
sion Chambers,Ocoee City Hall, 150
North Lakeshore Drive,Oooee,Florida,
read-
ings the adoption following ordi-
nance:
ORDINANCE NO.98-24
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA APPROVING A
SUBSTANTIAL AMENDMENT TO THE
REVISED LAND USE PLAN FOR THE
WESTRIDGE PUD,ON CERTAIN RE-
AL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MAGUIRE
ROAD AND MOORE ROAD,AS PETI-
TIONED BY THE PROPERTY OWNER;
AMENDING THE WESTRIDGE PUD
REVISED LAND USE PLAN TO AL-
LOW FOR COMMERCIAL USES AND
TO REVISE THE CONDITIONS OF AP-
PROVAL RELATED TO THE DEVEL-
OPMENT OF THE WESTRIDGE PUD;
PROVIDING AN EFFECTIVE DATE.
A copy of theoposed Ordinance may
be examined ploy the public in the office
of the Ocoee Planning Department,City
Hall, 150 North Lakeshore Drive,
Ocoee,Florida.between the hours of
8:00 a.m. and 5:00 p.m., Monday
throotuggrh�Friday,except legal holidays,
orThe Ocoee CityCCommiission may con-
tinue the public hearing to other dates
and times as they deem necessary.My
Interested party shall be advised that
the dates,tires end places of any con-
tinuation of this or continued public
hearings shall be announced during the
hearing and that no further notices re-
garding this matter will be published.
Interested parties may appear at the
public hearing and be heard with re-
spect to theoposedappeal Orrdiinnaanrcee.y My
person who*ma todeci-
sion made during the public hearing will
need a record of the proceeding and
for this purpose may need to ensure
that a verbatim record of the proceed-
ings Is made which Includes the testi-
mony end evidence upon which the ap-
peal is based.Persons with disabilities
needing assistance to participate in any
ooffrythe proceedings should contact the
erk's office 48 hours In a
of thedmeeting at(407)656.2322.
JEAN GRAFTON,
CITY CLERK,
CITY OF OCOEE
September 24,1998
OLS2332214 SEPTEMBER 24,1998
OR16 The Orlando Sentinel,Thursday,September 24, 1998 I-11
NOTICE OF PUBLIC HEARING
CITY OF OCOEE
AMENDMENT TO WESTRIDGE PUD
NOTICE IS HEREBY GIVEN pursuant
to Section 166.041, Florida Statutes,
and Section 4-5D,Ocoee Land Devel-
opment Code, that the Ocoee City
Commission will hold,at a regular ses-
sion to be held October 6,1998 at 7:15
p.m.,or as soon thereafter as possible,
a PUBLIC HEARING in the Commis-
sion Chambers,Ocoee City Hall, 150
North Lakeshore Drive,Ocoee,Florida,
to consider on the second of two read-
ings the adoption of the following ordi-
nance:
ORDINANCE NO.98-24
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA APPROVING A
SUBSTANTIAL AMENDMENT TO THE
REVISED LAND USE PLAN FOR THE
WESTRIDGE PUD,ON CERTAIN RE-
AL PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF MAGUIRE
ROAD AND MOORE ROAD,AS PETI-
TIONED BY THE PROPERTY OWNER;
AMENDING THE WESTRIDGE PUD
REVISED LAND USE PLAN TO AL-
LOW FOR COMMERCIAL USES AND
TO REVISE THE CONDmONS OF AP-
PROVAL RELATED TO THE DEVEL-
OPMENT OF THE WESTRIDGE PUD;
PROVIDING AN EFFECTIVE DATE.
A copy of the proposed Ordinance may
be examined by the public in the office
of the Ocoee Planning Department,City
Hall, 150 North Lakeshore Drive,
Ocoee,Florida.between the hours of
8:00 a.m. and 5:00 p.m., Monday
through Friday,except legal holidays,
or phone 656-2322 ext.140.
The Ocoee City Commission may con-
tinue the public hearing to other dates
and times as they deem necessary.Any
interested party shall be advised that
the dates,times,and places of any con-
tinuation of this or continued public
hearings shall be announced during the
hearing and that no further notices re-
garding this matter will be published.
Interested parties may appear at the
public hearing and be heard with re-
spect to the proposed Ordinance.Any
person who desires to appeal any deci-
sion made during the public hearing will
need a record of the proceeding and
for this purpose may need to ensure
that a verbatim record of the proceed-
ings is made which includes the testi-
mony and evidence upon which the ap-
peal is based.Persons with disabilities
needing assistance to participate in any
of the proceedings should contact the
City Clerk's office 48 fours in advance
of the meeting at(407)656-2322.
JEAN GRAFTON,
CITY CLERK,
CITY OF OCOEE
September 24,1998
OLS2332214 SEPTEMBER 24,1998
MEMORANDUM
Memo to: City of Ocoee -
Mayor Scott Vandergrift
Commissioner Scott Glass
Commissioner Danny I-Lowell
Commissioner Scott Anderson
Commissioner Nancy Parker
From: Gordon S. Nutt
Date: September 30, 1998
Re: Small Scale Comprehensive Plan Amendment
and Revised Land Use Plan (RLUP)
for Westridge at Southeast Quadrant of Moore and Maguire Roads,
City of Ocoee
This memorandum is being distributed to all members of the City of Ocoee Board of
Commissioners for the purposes of providing background information and comments
which the Owner considers important for the Board to take into consideration in its
deliberations and actions on the above referenced matters at the Public Hearing and
meeting scheduled for October 6, 1998.
In early 1996 the Developer of Belmere negotiated a deal with Orange County whereby
the Developer would be permitted to construct 300 apartment units at the southwest
corner of Roberson and Maguire roads at a density not to exceed 15 units per acre in
exchange for the Developer doing the following: (1) Making available a 15 acre
elementary school site; (2) Donating 15 acres adjoining the school site at the intersection
of Windermere and Roberson roads; (3) Voluntarily paying $250 per lot for up to 366
lots in Phase I or $91,500 for park improvements; (4) and Granting an option to Orange
County to purchase from the Owner an additional adjoining 5 acres for park use at a
below market fixed price. The 15 acre Park Parcel has been donated, the Lake Whitney
Elementary School has been built and is now operational, and we have extended the
County's option to purchase the additional 5 acres for park use until June 13, 2000
without additional compensation. The foregoing agreements were set forth in a
Developer Agreement entered into by the Owner and Orange County dated May 15,
1996.
Subsequent to Orange County's approval of the aforementioned Developer Agreement,
and while processing our Revised Land Use Plan of the overall Belmere P.U.D. to reflect
the allowed apartment usage, the City of Ocoee, through certain of its officials and
representatives, as well as citizens, voiced strong objections to the allowed apartment
usage. The main reason first given for objection was the lack of adequate elementary
school facilities which was soon overcome by construction onsite of the Lake Whitney
Elementary School. This notwithstanding, objections continued and Orange County
surprisingly resisted approval of the Belmere Revised Land Use Plan showing 300
apartment units as set forth in the Developer Agreement with Orange County and
requested that the Owner try to work something out with the City of Ocoee. Without an
obligation to do so, and with the passage of considerable time at great cost, the Owner in
cooperation with Orange County and the City of Ocoee secured approval of a Revised
Land Use Plan on November 11, 1997, which provided for a reduction of the number of
apartment units from 300 to 180 with a condition that even those remaining 180
apartment units would be disallowed if by June 13, 1998, including the passage of all
appeal periods, the City of Ocoee amended the Westridge P.U.D. Land Use Plan to allow
commercial land use within the City at the southeast corner of Maguire and Moore roads.
The Orange County condition provides that conditions of approval for such commercial
use are to be satisfactory to the Owner. It should be noted that the Owner is entitled to
have ownership of the donated 15 acre park site revert back to him in the event that a
Preliminary Subdivision Plan (PSP) for Belmere, upon approval by the Orange County
Board of Commissioners, does not allow 180 apartment units should the City of Ocoee
fail to approve our applications in the manner hereinabove described.
The Owner on November 6,1997, made application to the City of Ocoee for a Small
Scale Comprehensive Plan Amendment and Revised Land Use Plan for Westridge to
accomplish the above described and required change of zoning. The City responded to
those applications on January 20, 1998, by requesting substantial additional information
which the Developer expeditiously was able to accomplish and provide by March 17,
1998. The City did not further reply until May 14, 1998 when it required additional and
significant other changes and requests for additional information. By that time it was not
possible for the Owner to respond in time for the City to meet the deadline of June 13,
1998. The result of these happenings is that Belmere now has approval to construct 180
apartment units at the southwest corner of Roberson and Maguire roads.
Notwithstanding the foregoing, Orange County District Commissioner Bob Freeman and
members of the Orange County Planning staff requested that the Developer consider
offering the City yet more time to accomplish commercial zoning within the Westridge
P.U.D. by way of an extension. Once again, with more added time and expense, and
without obligation to do so, the Owner responded by arranging a meeting with City
Manager Ellis Shapiro, City Director of Planning Russ Wagner, and by phone District
Commissioner Scott Glass, for the purpose of discussing under what conditions I was
willing to further extend the June 13, 1998 deadline. My response and position was and
remains that I would offer a final extended deadline representative of the earliest possible
date that the City of Ocoee could administratively process our applications for final City
Commission approval and that the approval must meet the conditions as set forth in my
letter to Russ Wagner dated July 20, 1998 of which a copy is here attached. The then
established City of Ocoee Commission meeting date was September 15, 1998. At the
request of City Manager Ellis Shapiro the September 15 deadline was changed to
2
October 6. As Owner I made known my unwillingness to further extend the deadline.
The effective extended deadline, after the 30 day appeal period, became November 6,
1998. In my letter of July 20, 1998, I stated that I would proceed to have the Developer
Agreement for Belmere amended to provide for the June 13, 1998 date to be extended to
the deadline for the City of Ocoee to take action. This has been done.
The status of this matter, therefore, in summary is that should the City of Ocoee not
approve the Small Scale Comprehensive Plan Amendment and Revised Land Use Plan by
October 6, 1998 consistent with the conditions set forth in my letter dated July 20, 1998
and an approved Developer Agreement by that date acceptable to both the City of Ocoee
and the Owner, the 180 approved units for Belmere will remain in place and we shall
proceed with our development plans accordingly. Should this be the result, the Owner
understands that the RLUP for Westridge would be processed based on the currently
approved Land Use Plan.
The Municipal Planning and Zoning Board on September 8, 1998, voted unanimously to
recommend for approval to the City of Ocoee Board of Commissioners the adoption of a
Small Scale Comprehensive Plan Amendment which will allow 9.07 acres of commercial
uses at the southeast corner of Maguire and Moore roads within the Westridge Revised
Land Use Plan. The Municipal Planning and Zoning Board at that same meeting on a 3 -
2 vote recommended approval of the Westridge Revised Land Use Plan (RLUP) subject
to the conditions recommended by the DRC and Planning Staff. The dissenting votes had
to do with certain Board members' concern over the unreasonableness of certain
conditions being recommended rather than any express concern over approval of the plan
in general.
It is important to note the differences between what we are requiring by our letter of
July 20, 1998 and what the City of Ocoee Planning staff and Municipal Planning and
Zoning Board have set forth as recommended conditions of approval. As previously
noted,those conditions are in most part unacceptable to us. They are restated below with
my comments concerning each which I believe on careful review should not be found
difficult to accept, all things considered.
Condition #1: That proposed additional right-of-way to be dedicated for 7th
Avenue along the eastern edge of the site should not be identified as a tract, but
simply identified as additional right-of-way. Accordingly, Condition 22 on Sheet 2
should read as follows (this Condition is consistent with the currently approved
Westridge PUD):
"The Developer will dedicate sufficient right-of-way to Orange County for a 60'
wide 7th Avenue when combined with the existing right-of-way along the entire
eastern boundary of the PUD. Dedication of 7th Avenue right-of-way shall be
required at the time of platting, or within 60 days of written notice from the City,
which ever occurs first. With the exception of roadway, utilities and sidewalks,
construction shall be prohibited within the proposed 7th Avenue right-of-way and
3
the existing dirt road except as required to connect to Orange County's water and
sewer systems."
Comment#1: As I stated in my letter to Russ Wagner dated July 20, 1998 and
restated during the DRC meeting and Planning and Zoning Board hearing, my
willingness to donate an additional 10' of right-of-way for Maguire road (for a total
of 20 feet) is conditioned on our not being required to donate any right-of-way for
Seventh Avenue along our East boundary within which is an Orange County road
that we don't access. As previously stated, we are willing to provide within our plat
sufficient lands to meet the needs for a continuous 60'right-of-way for 7th Avenue
along our eastern boundary, as we have been requested to do. However, instead of it
being donated, it would be acquired by Orange County or others at such time when
needed.
Condition #2: That a second three-lane entrance to the development from Moore
Road be provided to line up with the existing entrance to the Cross Creek
subdivision (this Condition is consistent with the currently approved Westridge
PUD).
Comment#2: As stated in my letter to Russ Wagner dated July 20, 1998 it is our
plan to have a private gated community. Primarily for that reason we do not wish to
have a second entrance from Moore road opposite and nearby the intense
development the City of Ocoee has approved for commercial and apartments. A
second entrance would cause us to abandon a private gated community. Further,
even if we abandoned our plan for a private gated community and went with public
roads, we still would not want a second entrance for the same reasons. Yet another
reason is that a second entrance would provide a short cut for nearby traffic to
circumvent the almost certain long wait at a signal light at Maguire for westbound
traffic awaiting a left hand signal change.
Condition #3: That Condition 6 of the RLUP be revised to indicate generally what
amenities will be provided in the Park/Recreation area. Accordingly, the Condition
should read as follows(this Condition is consistent with the currently approved
Westridge PUD).
"To meet Ocoee PUD requirements, 3.0 acres to be owned and maintained by
Homeowners' Association. Amenities to include clubhouse, tennis, pool and tot-
lot, or other amenities approved by the City with the Final Subdivision Plan."
Comment#3: As stated in our letter of July 20, 1998 we do not know what our
amenity package will be at this stage. It is reasonable for such details to be provided
at the Preliminary Subdivision Plan approval stage. The higher end the housing
product the less likely the need or appropriateness to include a pool. We do not want
to commit to a pool.
4
Condition #4: That the entry point to the commercial parcel off the main entrance
road needs to be moved back to a point at least 400' from Maguire road(this would
be a full access point), unless a traffic study approved by the City determines that a
lesser distance would be adequate. This would accommodate left turn lanes in both
directions, for vehicles turning left into the commercial parcel and for those turning
left onto Maguire road. A right-in/right-out entrance to the commercial parcel could
be located closer to Maguire road.
Comment#4: Our traffic engineer states that the location we have indicated is more
than adequate based on generally accepted traffic engineering standards and
practices. This full access point if moved farther east would significantly diminish
the value of the commercial parcel. We do not want to unnecessarily move the full
access point farther east and significantly reduce the already watered down
considerations we were to have realized for our donations and concessions with
Orange County.
Condition#5: That the note which refers to the 10 foot wall easement along Moore
road and 7th Avenue be revised to read: "...with 6'brick wall", rather than "...with 6'
block wall".
Comment#5: It is our desire to be able to construct a combination of stucco and
stone wall which we consider to be an upgrade from a brick wall. However, if the
City is unwilling to accept such as an alternative we are willing to use brick.
Condition #6: That a 35' radius be provided for additional right-of-way at the
intersection of Maguire Road and Moore Road (from the new Maguire Road line).
This "corner clip" is needed to allow for a sidewalk and utilities to run around the
corner.
Comment#6: I have no problem in donating a 35' radius at the southeast corner of
Maguire and Moore roads.
Condition #7: That a pedestrian access point between the Westridge PUD and the
adjacent property to the south be provided. Accordingly, a note should be provided
indicating that the exact location of the access point will be determined with the
Preliminary Subdivision plan for that portion of the site. The Orange County School
Board is considering locating a school site in this vicinity and this pedestrian access
will be necessary to allow school children to walk to school without going out onto
the main streets.
Comment#7: This recently added condition of providing a pedestrian access point
between Westridge and the adjacent property to the south is unacceptable because of
our being a gated, secured community. Adjoining 7th Avenue, for which we are
setting aside land for future right-of-way, is sufficiently convenient to provide safe
'tiny school located to the south. Because of the location, configuration, and
t routing of this road it is not likely to be heavily traveled.
F„
5
•
GSN DEVELOPMENT COMPANY • 7651-B ASIII.FY PARK CT.,S(IITF 909 • ORLANDO,FLORIDA 32835 • (907)290-0250 FAX(107)290-0606
July 20, 1998
Mr. Russ Wagner
Director of Planning
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Re: Westridge P.U.D. - Revised Land Use Plan
Dear Russ:
Pursuant to the understandings reached during my meeting last Tuesday, July 14, 1998,
with you and City of Ocoee Manager, Ellis Shapiro, and by concurrent telephone
conference with District 3 City of Ocoee Commissioner Scott Glass, I am today having
hand delivered to you this letter together with a separate letter by our Engineers, Donald
W. McIntosh Associates, which responds to the City of Ocoee request for additional
information by letter dated May 20, 1998, with attachments from Robert Lewis, Senior
Planner, City of Ocoee, to Charles Tnie, P.E., Donald W. McIntosh Associates
concerning the Westridge RLUP.
The understanding reached at the above referenced meeting/phone conference is that we
would today deliver these letters of response and revised Land Use Plan with therein
referenced enclosures including sample deed 1hr donation of Maguire Road right-of-way
and proposed Developer Agreement; the City of Ocoee would have its Development
Review Committee meet, timely advertise and issue the required notices for the requisite
public hearings at scheduled meetings of the City of Ocoee Planning and Zoning Board on
August 26, 1998, and the City of Ocoee Commission on September 1, 1998 for actions on
our applications for approval of our Small Scale Comprehensive Plan Amendment to allow
Commercial and Revised Land Use Plan for Westridge. As a result of our meeting we are
continuing to process our applications based on the following.
1. There would be a single gated entry to Westridge, a private gated community. There
would be no second entrance off Moore across the street from the entrance to Cross
Creek in close proximity to the large apartment complex and commercial frontage on
Moore road.
2. We agree to pay our one-third share of the cost of signalization at Moore road and
Maguire road as provided under the current Developer Agreement.
3. The entrance location to the commercial tract from the project entry road nearest
Maguire road is unchanged. Our traffic engineer has assured us that the location does
not present unacceptable stacking for outbound traffic. We will provide his
analysis/report in support of the location shown.
4. We agree as a Condition of Approval, to donate an additional 10 feet (for a total of 20
feet) of Maguire road right-of-way in exchange for removal of the Condition of
Approval to donate additional right-of-way for 7th Avenue which we don't access and
is in Orange County. Although not discussed we will set aside sufficient land to
accommodate a 60 foot wide right-of-way for 7th Avenue when combined with the
existing road or right-of-way.
5. The owner of Belmere will not place a land use restriction against its Belmere
property.
I am this date instructing our attorneys to prepare an amendment to the Belmere
Developer Agreement for action by the Orange County Board of Commissioners to
include provisions to modify the Conditions of Approval of the Belmere LU[as most
recently amended on November 1 I, 1997, to not allow 180 apartments as a permitted use
on Tract I-I unless by September 15, 1998, plus any applicable appeal period (to supersede
the expired June 13, 1998 deadline) the City of Ocoee Commission has approved our
applications for a Small Scale Comprehensive Plan amendment to allow commercial and
our Revised Land Use Plan on Westridge.
I will be out of state this week but available by phone through my secretary Marci Rooks
at 290-0250 should you need to reach me.
A41
Gordon S. Nutt
2
Agenda 10-06-98
ItemVIB2a
_7 t
FOLEY & LARDNER
EMORANDUM
CLIENT-MATTER NUMBER
20377-0442
TO: The Honorable Mayor And City Commissioners of The City of Ocoee
FROM: Martha H. Formella, Esq., Assistant City Attorney
DATE: September 28, 1998
RE: Westridge PUD - Developer Agreement
The terms and conditions of the proposed Developer Agreement attached hereto are
consistent with the Planning and Zoning Commission recommendation on the PUD Land Use
Plan Amendment. The main points of the Developer Agreement are as follows:
* Old Developer Agreements - this Developer Agreement supersedes prior
Developer Agreements;
* Revised Land Use Plan - incorporated by reference;
* Revised Land Use Plan Conditions of Approval - included as recommended
by the Planning and Zoning Commission; provides that the Conditions of
Approval in the Developer Agreement control in the event of any conflict
between the Conditions of Approval and the Revised Land Use Plan;
* Right-of-Way Donations - contemporaneous with the execution of this
Developer Agreement, Developer shall donate to the City in escrow property
along Maguire Road and at the intersection of Maguire Road and Moore Road;
within sixty (60) days from the date of written notice from the City, Developer
shall donate to Orange County property along 7th Avenue; these donations are
without impact fee credit; these donations are existing Developer Agreement
requirements with the exception of the Maguire Road "corner clip"; (if this
Developer Agreement terminates as discussed below under "Agreement
Contingencies", the terms and conditions of the Old Developer Agreements,
including but not limited to the existing requirements related to Maguire Road
and 7th Avenue, will remain in effect);
* Signalization - Developer shall pay one-third of the cost of signalizing the
intersection of Maguire and Moore Roads within sixty (60) days from the date
of written notice from the City but in no event later than the time of platting all
occ
006.109734.1
or a portion of the Westridge PUD ( this payment is an existing Developer
Agreement requirement);
* Agreement Contingencies - Developer Agreement automatically terminates and
the escrowed deed shall be returned to the Developer if all of the following
contingencies have not been satisfied 120 days from the date of adoption of the
Comprehensive Plan Amendment (Ordinance No. 98-23):
** adoption of the Comprehensive Plan Amendment and Land Use Plan
Amendment and the expiration of all applicable appeal periods not to
exceed 120 days from the date of adoption of the Comprehensive Plan
Amendment (Ordinance No. 98-23); and
** receipt by the City Clerk from Orange County a certified copy of a fully
executed amendment to the Belmere Development Agreement which
modifies the Conditions of Approval of the Belmere Land Use Plan to:
1) prohibit multifamily residential uses anywhere within the Belmere
Property (provided, however, that adult congregate living facilities
would not be considered a multifamily residential use for purposes of
this prohibition); and 2) provide that the City would receive at least
thirty (30) days prior written notice of any subsequent amendment to the
Belmere Development Agreement (this requires that the Owner obtain
Orange County's approval of an amendment to the development
agreement regarding Belmere); and
** confirmation by the City Manager that the amendment to the Belmere
Development Agreement meets the requirements of the Developer
Agreement.
By its terms, the Comprehensive Plan Amendment (Ordinance No. 98-23) will not
become effective unless and until the Agreement Contingencies related to the Belmere
Agreement discussed above have been satisfied. The effective date of the Land Use Plan
Amendment (Ordinance 98-24) is the date the Comprehensive Plan Amendment becomes
effective.
Consideration of the Developer Agreement is only relevant if the City Commission
approves the Comprehensive Plan Amendment and Land Use Plan Amendment. If both of
these items are approved without changes, then it would be appropriate to move to approve
the Developer Agreement. If both of these items are approved with changes, it would be
appropriate to move to amend the Developer Agreement for consistency with the adopted
Comprehensive Plan Amendment and Land Use Plan Amendment. Following the
adoption of any such amendment, it would then be appropriate to move to approve the
Developer Agreement as amended and authorize the Mayor and City Clerk to execute the
Developer Agreement as amended.
Attachment
-2-
006.109734.1
THIS INSTRUMENT PREPARED BY:
Martha H. Formella, Esq.
FOLEY& LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
RETURN TO: For Recording Purposes Only
Jean Grafton, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
407-656-2322
DEVELOPER AGREEMENT
[WESTRIDGE P.U.D.]
THIS DEVELOPER AGREEMENT (hereinafter referred to as "this Agreement") is
made and entered into as of the day of , 1998 by and between GORDON
S. NUTT, individually and as trustee of that certain Gordon S. Nutt Revocable Trust dated
December 11, 1984, whose mailing address is 7651-B Ashley Park Court, Suite 404, Orlando,
Florida 32835 (hereinafter referred to as "Developer") and the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 N. Lakeshore Drive, Ocoee, Florida
34761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Developer owns fee simple title to certain lands located in Orange
County, Florida, said lands being more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof(hereinafter referred to as the `Land"); and
WHEREAS, the Land lies within the corporate limits of the City of Ocoee, Florida;
and
WHEREAS, the Developer has applied for a small scale Comprehensive Plan
amendment (Case No. SS CPA-97-003) and PUD Land Use Plan amendment to allow
commercial uses instead of residential uses (the "Comprehensive Plan Amendment" and "Land
Use Plan Amendment", respectively) on the portion of the Land described in Exhibit "B"
attached hereto and by this reference made a part hereof(the "Nine Acre Parcel"); and
WHEREAS, the Developer is a principal of the fee simple owner of property located
within unincorporated Orange County and adjacent to the Land as described on Exhibit "C"
attached hereto and made a part hereof(the "Belmere Property"); and
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WHEREAS, the Developer has authority to bind the owner of the Belmere Property; and
WHEREAS, pursuant to development approvals and that certain Development
Agreement between Orange County, Wingfield Reserve Corp., and GSN Development company,
dated May 15, 1996 as amended by that certain First Amendment to Development Agreement
dated December 10, 1997 ("Development Agreement"), Orange County has permitted 180
multifamily residential units to be developed on the Belmere Property; and
WHEREAS, the Developer has agreed to pursue an amendment to the Belmere
Development Agreement which would prohibit multifamily residential uses on the Belmere
Property contingent upon Ocoee City Commission approval of the Comprehensive Plan
Amendment and Land Use Plan Amendment allowing commercial development on the Nine Acre
Parcel; and
WHEREAS, if the City approves the Comprehensive Plan Amendment and the Land Use
Plan Amendment allowing commercial development on the Nine Acre Parcel but Orange County
fails to approve the amendment to the Belmere Development Agreement prohibiting multifamily
residential uses as more fully discussed herein, then the City desires that the Comprehensive Plan
Amendment, Land Use Plan Amendment, and this Agreement automatically become null and
void; and
WHEREAS, the Developer's predecessor-in-interest entered into two previous Developer
Agreements with respect to the Land; the first dated November 20, 1990, and recorded in
Official Records Book 4285, Page 2790; and the second dated September 7, 1993, and recorded
in Official Records Book 4619, Page 2136, all of the Public Records of Orange County, Florida
(hereinafter collectively referred to as "Old Developer Agreements"); and
WHEREAS, the Developer and the City desire to rescind the Old Developer Agreements
and to replace them with this single Agreement in order to fully recite all the agreed terms and
conditions between the Developer and the City and fully comply with the requirements of the
City of Ocoee Land Development Code (the "Land Development Code").
NOW, THEREFORE, in consideration of these premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by reference.
Section 2. Old Developer Agreements; Entire Agreement. The Old Developer
Agreements are hereby terminated and rescinded and this Agreement is substituted in lieu
thereof. This Agreement constitutes the entire agreement between the parties and supersedes
all previous discussions, understandings and agreements with respect to the subject matter
hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the
parties only in writing by formal amendment recorded in the Public Records of Orange
County, Florida, at the Developer's expense.
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006.103349.2
Section 3. Development of the Land.
a. The Developer agrees to develop the Land in accordance with City of Ocoee
Ordinance No. 98-24 adopted by the Ocoee City Commission on
including that certain Revised Land Use Plan (hereinafter referred to as the "RLUP") for the
Westridge P.U.D., dated prepared by Donald W. McIntosh
Associates, said Ordinance and RLUP being incorporated herein by reference as if fully set
forth herein.
b. The Developer hereby agrees that the Land shall be developed in accordance
with and is made subject to those certain Conditions of Approval attached hereto as Exhibit
"D" and by this reference made a part hereof(the "Conditions of Approval"). In the event of
any conflict between the RLUP and the Conditions of Approval, it is agreed that the
Conditions of Approval shall control.
c. Except as otherwise expressly set forth in this Agreement and City of Ocoee
Ordinance No. 98-24, the Developer shall comply with the provisions of the Land
Development Code as they may from time to time be amended. In the event of any conflict
between the Land Development Code and this Agreement, it is agreed that the provisions of
this Agreement shall control.
d. Notwithstanding any provision contained herein to the contrary, the
Developer shall pay to the City all applicable impact fees, including but not limited to, road,
police, fire, park and recreation impact fees, at such time and in such manner as may be
required in accordance with the applicable ordinances of the City as they may from time to
time be amended.
Section 4. Conveyances to the City and Orange County.
a. Donated Lands. Contemporaneous with its execution of this Agreement, the
Developer shall convey, in escrow, to the City, marketable, fee simple title to that portion of
the Property twenty (20) feet in width along Maguire Road and that portion of the Property at
the intersection of Maguire Road and Moore Road in a thirty five foot radius, both more
particularly described on Exhibit "E" attached hereto and by this reference made a part hereof
(the "Maguire Road Land"). Within sixty (60) days from the date of written notice from the
City but in no event later than the time of platting all or a portion of the Property, the
Developer shall convey to Orange County marketable, fee simple title to that portion of the
Property along 7th Avenue sufficient to create a sixty (60) foot wide right-of-way when
combined with the existing right-of-way (the "7h Avenue Land"). The Maguire Road Land
and the 7th Avenue Land hereinafter are referred to collectively as the "Donated Lands".
Neither the Developer nor any person or entity shall be entitled to any impact fee credits or
compensation in connection with conveyance of the Donated Lands.
b. Procedure. The conveyance of the Donated Lands shall be by Special
Warranty Deed, in substantially the same form as attached hereto as Exhibit "F", free and
clear of all liens and encumbrances, except for such encumbrances as are acceptable to the City
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006.103349.2
in the case of the Maguire Road Land and Orange County in the case of the 7th Avenue Land.
Ad valorem taxes in connection with the conveyance of the Donated Lands shall be prorated as
of the date of transfer of title and the prorated amount shall be paid by Developer to Orange
County, Florida, in escrow pursuant to Section 196.295, Florida Statutes, unless the
conveyance occurs between November 1 and December 31, in which case ad valorem taxes
shall be paid in full by the Developer for the year of conveyance. With regard to the Maguire
Road Land, the date of transfer of title shall be the date on which the Agreement Contingencies
are satisfied. With regard to the 7th Avenue Land, the date of transfer of title shall be the date
on which Orange County accepts the conveyance or the date on which the Agreement
Contingencies are satisfied, whichever occurs later.
c. Title Evidence. Contemporaneous with the conveyance of the Donated
Lands, Developer shall provide the grantee, at Developer's sole cost and expense, a current
title opinion or current title commitment (to be followed with a title policy) evidencing that fee
simple title to the Donated Lands is vested in the Developer and evidencing that the Donated
Lands are free and clear of all liens and encumbrances, except such encumbrances as are
acceptable to the grantee.
d. Escrow of Deed. The deed and other related closing documents related to the
Maguire Road Land (collectively, the "Escrow Documents") shall be delivered in escrow to
Foley & Lardner, as Escrow Agent (the "Escrow Agent"). Within fourteen (14) days of the
satisfaction of the Agreement Contingencies as set forth in Section 7 hereof: (i) Developer
shall update the title opinion or title commitment, (ii) Developer shall deliver to Escrow Agent
the applicable ad valorem taxes, documentary stamp taxes, and costs of recording the deed,
and (iii) the Escrow Agent shall insert the date of satisfaction of the Agreement Contingencies
into the Escrow Documents as the date of transfer and shall record the deed, pay the applicable
ad valorem taxes, documentary stamp taxes, and recording costs from the monies delivered to
Escrow Agent by Developer, and otherwise distribute the Escrow Documents. If the
Agreement Contingencies are not satisfied within One Hundred Twenty (120) days from the
date of adoption of the Comprehensive Plan Amendment (Ordinance No. 98-23), then the
Escrow Agent shall return the Escrow Documents to Developer and the Escrow Documents
shall be void and of no force and effect.
Section 5. Handling of Escrow. Escrow Agent agrees to perform its duties as
required by this Agreement. In the event of a dispute or if the Escrow Agent is in doubt as to
its duties or liabilities under the provisions of this Agreement, then the Escrow Agent shall
continue to hold the Escrow Documents until the parties mutually agree as to the distribution
thereof or until a judgment of a court of competent jurisdiction determines the rights of the
parties thereto. Alternatively, the Escrow Agent may interplead the Escrow Documents into
the Registry of the Circuit Court of Orange County, Florida, without further liability or
responsibility on the Escrow Agent's part. In the event of any suit between the Developer and
City wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent or in
the event of any suit in which the Escrow Agent interpleads the subject matter of this escrow,
the Escrow Agent shall be entitled to recover its costs in connection therewith, including
reasonable attorneys' fees and costs incurred in all trial, appellate and bankruptcy court
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006.103349.2
proceedings, said fees and costs to be charged and assessed as court costs in favor of the
prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or
person whomsoever for misdelivery of the Escrow Documents, unless such misdelivery shall
be due to willful breach of this Agreement or gross negligence on the part of the Escrow
Agent. The Developer and City agree that the status of the City's legal counsel as the Escrow
Agent under this Agreement does not disqualify such law firm from representing the City in
connection with this transaction and any dispute that may arise between the Developer and the
City concerning this transaction, including any dispute or controversy with respect to the
Escrow Documents.
Section 6. Cost Sharing of Signalization at Intersection of Maguire and Moore
Roads. Within sixty (60) days from the date of written notice from the City but in no event
later than the time of platting of all or a portion of-the Land, the Developer shall pay one-third
of the cost of signalizing the intersection of Maguire and Moore Roads.
Section 7. Agreement Contingencies. All obligations, rights and duties of the
Developer and the City under this Agreement are conditioned upon the occurrence all of the
following:
a. The adoption by the Ocoee City Commission of the Comprehensive Plan
Amendment and the Land Use Plan Amendment and the expiration of all applicable appeal
periods not to exceed One Hundred Twenty (120) days from the date of adoption of the
Comprehensive Plan Amendment (Ordinance No. 98-23); and
b. The City Clerk receives from Orange County a certified copy of a fully
executed amendment to the Belmere Development Agreement which modifies the Conditions of
Approval of the Belmere Land Use Plan to:
(i) prohibit multifamily residential uses anywhere within the Belmere
Property; provided however, that adult congregate living facilities would not be
considered a multifamily residential use for purposes of this prohibition; and
(ii) provide that any subsequent amendment to the Belmere
Development Agreement would not be effective unless approved by Orange County and
the Developer at an advertised public hearing of which the City Manager and City
Planning Director have received at least thirty (30) days prior notice in accordance with
the procedure set forth in Section 9 of this Agreement; and
c. The City Manager confirms that the amendment referenced in subsection
7.b. above satisfies the conditions set forth in this Section.
In the event Agreement Contingencies are not satisfied within One Hundred Twenty (120) days
from the date of adoption of the Comprehensive Plan Amendment (Ordinance No. 98-23), then
this Agreement shall be automatically terminated, unless otherwise agreed to by the City and
Developer, and shall be of no further force and effect. By their terms, the Comprehensive
Plan Amendment and Land Use Plan Amendment also shall be of no further force and effect
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006.103349.2
under such circumstances. Upon such termination the parties hereto shall execute a Notice of
Termination in recordable form. In the event that this Agreement is terminated, the terms and
conditions of the Old Developer Agreements, including but not limited to the donation
requirements in connection with Maguire Road and 7th Avenue, will remain in effect. Upon
satisfaction of the Agreement Contingencies, the City and Developer shall execute a
certification of such satisfaction, in recordable form.
Section 8. Arms Length Transaction. This Agreement shall not be construed more
strictly against one party than against the other merely by virtue of the fact that it may have
been prepared by counsel for one of the parties, it being recognized that all parties have
contributed substantially and materially to the preparation hereof.
Section 9. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered when (A) hand delivered to the person hereinafter
designated, or (B) upon receipt of such notice when deposited in the United States Mail,
postage prepaid, certified mail, return receipt requested, addressed to the person at the address
set forth opposite the party's name below, or such other address or to such other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:
Developer: Gordon S. Nutt, Trustee
7651-B Ashley Park Court, Suite 404
Orlando, Florida 32835
With a copy to: Stephen Bozarth, Esquire
Dean, Mead, Egerton, Bloodworth,
Capouano &Bozarth, PA.
Post Office Box 2346
Orlando, Florida 32802
City: City Manager
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
With a copy to: Planning Director
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Section 10. Covenant Running with the Land. This Agreement shall be binding, and
shall inure to the benefit of the successors and assigns of the parties, and shall run with the
Land and be binding upon the successors and assigns of the Developer and upon any person,
firm, corporation, or entity who may become the successor in interest to the Land.
006.103349.2 -6
Section 11. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded, at the Developer's expense, in the Public Records
of Orange County, Florida. The City will, from time to time upon request of the Developer,
execute and deliver letters affirming the status of this Agreement.
Section 12. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled and interpreted according to the laws of the State of Florida.
Section 13. Time of the Essence. Time is hereby declared of the essence to the lawful
performance of the duties and obligations contained in this Agreement.
Section 14. Severability. If any sentence, phrase, paragraph, provision or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereof, if the rights and
obligations of the parties contained therein are not prejudiced and if the intentions of the parties
can continue to be effected.
Section 15. Further Documentation. The parties agree that at any time following a
request therefore by the other party, each shall execute and deliver to the other party such
further documents and instruments, in form and substance reasonably necessary to confirm
and/or effectuate the obligations of either party hereunder.
Section 16. Specific Performance. Both the City and the Developer shall have the
right to enforce the terms and conditions of this Agreement by an action for specific
performance.
Section 17. Attorney's Fees. In the event that either party fmds it necessary to
commence an action against the other party to enforce any provision of this Agreement or
because of a breach by the other party of any terms hereof, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and
costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment.
Section 18. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 19. Construction of Agreement. Captions of the Sections and Subsections of
this Agreement are for convenience and reference only, and the words contained therein shall
in no way be held to explain, modify, amplify or aid in the interpretation, construction or
meaning of the provisions of this Agreement.
Section 20.Effective Date. The Effective Date of this Agreement shall be the date on
which it has been executed by both parties..
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006.103349.2
IN WITNESS WHEREOF, the Developer and the City have caused this instrument to
be executed as of the day and year above written.
Signed, sealed and delivered in the presence DEVELOPER:
of:
Print Name: Gordon S. Nutt, individually and as trustee
of that certain Gordon S. Nutt Revocable
Print Name: Trust dated December 11, 1984
Executed on:
CITY:
CITY OF OCOEE, a Florida municipal
corporation
Print Name:
By:
Print Name: S. Scott Vandergrift, Mayor
Attest:
Jean Grafton, City Clerk
(SEAL)
Executed on:
For use and reliance only by the City of Approved by the Ocoee City Commission
Ocoee, Florida. Approved as to form and at a meeting held on , 1998
legality this day of , under Agenda Item No.
1998.
Foley & Lardner
By:
City Attorney
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006.103349.2
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 Gordon S. Nutt, individually
and as trustee of that certain Gordon S. Nutt Revocable Trust dated December 11, 1984, to me
known to be the person described in and who executed the foregoing instrument and he
acknowledged before that he executed the same. He [ ] is personally known to me, or [ ]
produced as identification.
Witness my hand and official seal in the County and State last aforesaid this day
of , 1998.
(NOTARIAL SEAL)
Notary Public
My commission expires:
Print Name:
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006.103349.2
STATE OF FLORIDA
COUNTY OF ORANGE
I hereby certify that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared S. Scott Vandergrift and
Jean Grafton, well known to me to be the Mayor and City Clerk, respectively, of the City of
Ocoee, a Florida municipal corporation, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said municipality. They are personally known to me.
Witness my hand and official seal in the County and State last aforesaid this day
of , 1998.
(NOTARIAL SEAL)
Notary Public
My commission expires:
Print Name:
•
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006.103349.2
EXIIIBIT "A"
[Legal Description of PUD to be attached]
006.103349.2 -11-
EXIIIBIT "B"
[Legal Description of Nine Acre Parcel to be attached]
006.103349.2 -12
EDIT "C"
[Legal Description of Belmere Project to be provided by Developer]
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006.103349.2
EXHIBIT "D"
Conditions Of Approval
1. MINIMUM BUILDING SETBACKS: Front 20 feet
Rear 20 feet
Side 7.5 feet
Corner 17.5 feet
2. MAXIMUM BUILDING HEIGHT: Two stories/35 feet
3. MINIMUM PARKING: Commercial Per Ocoee Code for use
Residential 2 spaces per unit
4. MAXIMUM LOT COVERAGE: 40 % of lot area for building and 50% of lot
area for impervious coverage.
5. MINIMUM OPEN SPACE: 25% minimum
Retention unfenced 7.6 acres±
Park 3.0 acres±
Wetland 14.2 acres±
6. PROJECT RECREATION AREA: To meet Ocoee PUD requirements, 3.0 acres to
be owned and maintained by Homeowners'
association.
Amenities to include clubhouse, tennis, pool
and tot-lot, or other amenities approved by
the City with the Final Subdivision Plan .
7. SCHOOL AGE POPULATION: 150 students
8. PROJECT TRAFFIC GENERATION: Single Family 2140 trips
Commercial/office 4500 trips
9. PERIPHERAL BUILDING SETBACKS: 25 ft. and 30 ft. from project boundaries for
one and two-story structures respectively.
50 ft. from Maguire Road new right-of-way
35 ft. from Moore Road right-of-way
25 ft. from 7th Avenue new right-of-way
25 ft. buffer with 50 ft. building setback
between residential and commercial/office
10. WATER SERVICE AND FIREFLOW: By Orange County Public Utilities
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006.103349.2
11. SANITARY SEWER SERVICE: By Orange County Public Utilities
12. STORMWATER MANAGEMENT: Onsite system per Ocoee and St. Johns River
Water Management District requirement with
discharge to positive outfall to wetland area.
Retention ponds7.6± acres
13. STREETS & DRAINAGE: The residential portion of Westridge shall be a
private gated community with the Homeowner's
Association owning and maintaining the streets
and drainage facilities to be built to City
standards.
14. TURN LANES: The need for turn lanes at approximate locations
shown on the RLUP will be confirmed with a
traffic study which will be conducted with
PSP. The exact locations of all access points
will be shown on PSP.
15. PROPOSED LAND USES: Commercial/Office
Total area: ±9 acres
Proposed gross floor area: 90,000 SF
FAR: 23
Max. building height: 35 feet, 2 stories
Commercial setbacks: F: 25'
S: 10'
R: 20'
Abutting Residential Use: 50'
Buffer Adjacent Residentia1:25 ft. wall/landscape
Buffer to be owned and maintained by
commercial property owner.
Residential SF:Est. 214 Lots
Net 3.99 units/acre
16. MINIMUM LOT SIZE: Residential: 60 feet x 105 feet
17. MINIMUM NET LIVING FLOOR AREA: Residential: 1200 square feet
18. A homeowners' association shall be created for ownership and maintenance of all common areas,
conservation areas, open space, recreation areas, retention ponds and private streets and drainage.
19. 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 application of such state legislation and nothing
herein shall be construed as such exemption.
006.103349.2 -15-
20. Developer will dedicate 20 feet of right-of-way on east side of Maguire Road by deed to be
recorded in accordance with the terms of the revised Developer Agreement.
21. Project will be developed in three (3) phases. Limits of each phase to be determined at PSP
approval.
22. The Developer will dedicate sufficient right-of-way to Orange County for a 60' wide 7th Avenue
when combined with the existing right-of-way along the entire eastern boundary of the PUD.
Dedication of 7th Avenue right-of-way shall be required at the time of platting, or within 60 days of
written notice from the City, which ever occurs first. With the exception of roadway, utilities and
sidewalks, construction shall be prohibited within the proposed 7th Avenue right-of-way and the existing
dirt road except as required to connect to Orange County's water and sewer systems.
23. All homeowners' association documents and declarations of covenants and restrictions shall be
provided to the City for approval prior to recording the first plat.
24. Roadway locations shown on revised land use plan are conceptual. Final locations and lot layout
to be determined at PSP approval.
25. The commercial/office parcel shall conform to the C-2 zoning development standards of the City
of Ocoee, except for residential which will meet the standards for residential in this plan.
26. No more than two flag lots to be located adjacent to each other. The minimum lot width of flag
lots at right-of-way shall be 20 feet with the narrow extension not to exceed 100 feet in length.
27. At the time of platting the first phase of this development, or as determined by the City of Ocoee
to be warranted, the developer shall pay one third (1/3) of the cost to signalize the intersection of
Maguire Road and Roberson/Moore Road as set forth in the revised Developer Agreement.
28. Section 13.4(5) of the PUD Ordinance requires execution of a Developer Agreement incorporating
all plans and conditions of Approval by reference. The existing Developer Agreement shall be
amended consistent with approval of this Revised Land Use Plan.
29. Conveyances to the City for right-of-way shall be as specified by the revised Developer
Agreement.
30. Any residential use in the Commercial/Office/S.F. Residential Tract must meet the same
residential standards applicable to the exclusively residential (remainder) portion of the Revised Land
Use Plan.
31. A second three-lane entrance to the development from Moore Road shall be provided to line up
with the existing entrance to the Cross Creek subdivision.
32. The entry point to the commercial parcel off the main entrance road shall be moved back to a point
at least 400' from Maguire Road (this would be a full access point), unless a traffic study approved by
the City determines that a lesser distance would be adequate. This would accommodate left turn lanes
in both directions, for vehicles turning left into the commercial parcel and for those turning left onto
006.103349.2 -16-
Maguire Road. A right-in/right-out entrance to the commercial parcel could be located closer to
Maguire Road.
33. The note which refers to the 10 foot wall easement along Moore Road and 7th Avenue is hereby
revised by replacing "6' block wall" with "6' brick wall".
34. A 35' radius shall be provided for additional right-of-way at the intersection of Maguire Road and
Moore Road (from the new Maguire Road line). This "corner clip" is needed to allow for a sidewalk
and utilities to run around the corner. This additional right-of-way will be required at the time of
platting or within 60 days of written notice from the City, whichever occurs first.
35. A pedestrian access point between the Westridge PUD and the adjacent property to the south shall
be provided. The exact location of the access point will be determined with the Preliminary
Subdivision Plan for that portion of the site.
•
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006.103349.2
EXHIBIT "E"
[Legal Description of Maguire Road Land to be provided by Developer]
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006.103349.2
EXHIBIT "F"
(Page 1 of 4)
This Instrument Prepared By:
Stephen J. Bozarth,Esquire
DEAN,MEAD,EGERTON,BLOODWORTH,
CAPOUANO&BOZARTH,P.A.
Post Office Box 2346
Orlando,Florida 32802-2346
(407)841-1200
Return to:
Jean Grafton,City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee,Florida 34761
(407)656-2322
PARCEL IDENTIFICATION NO.:
WARRANTY DEED
THIS WARRANTY DEED made the day of , 1998, by GORDON
S. NUTT, individually and as Trustee of a land trust (the "Trust") created pursuant to Section
689.071, Florida Statutes, and existing under and by virtue of the provisions of an unrecorded
trust agreement known and designated as the GORDON S. NUTT REVOCABLE TRUST,
dated the 11th day of December, 1984, whose post office address is 7651-B Ashley Park
Court, Suite 404, Orlando, Florida 32835 (hereinafter referred to as the "Grantor"), to THE
CITY OF OCOEE, a Florida municipal corporation, whose post office address is 150 North
Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "Grantee"):
(Wherever used herein the terms "Grantor" and "Grantee" include all the
parties to this instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of trustees, corporations and
partnerships.)
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006.103349.2
EXHIBIT "F"
(Page 2 of 4)
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all that
certain real property (hereinafter referred to as the "Property") situate, lying and being in
Orange County, Florida, and being more particularly described on Exhibit "A" attached
hereto and by this reference made a part hereof.
TOGETHER with all of the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that the Grantor has good right and lawful authority to sell and convey
the Property, and hereby warrants the title to the Property and will defend the same against the
lawful claims of all persons claiming by, through or under the Grantor, but against no others.
Grantor certifies that on the date of execution, delivery and recordation of this
instrument, neither Grantor nor any member of Grantor's family resided upon any portion of
the Property, or any real property contiguous thereto. The Property is not the constitutional
homestead of the Grantor. The constitutional homestead of Grantor is located at 11940 Lake
Butler Boulevard, Windermere, Florida 34786.
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006.103349.2
EXIIIBIT "F"
(Page 3 of 4)
IN WITNESS WHEREOF, Grantor has executed and delivered this instrument and has
intended this instrument to be and become effective as of the day and year first above written.
Signed, sealed and delivered in the GRANTOR
Presence of the following two witnesses:
Print Name: GORDON S. NUTT, individually and as Trustee of that
certain Gordon S. Nutt Revocable Trust dated December
11, 1984
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1998, by GORDON S. NUTT, individually and in his capacity as Trustee of
that certain Gordon S. Nutt Revocable Trust dated December 11, 1984. Said person (check
one) is personally known to me, produced a driver's license (issued by a state of the
United States within the last five (5) years) as identification, or produced other
identification, to wit:
Print Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires:
-21-
006.103349.2
EXIIIBIT "F"
(Page 4 of 4)
EXHIBIT "A"
[Legal Description to be provided by Grantor]
006.103349.2 -22