Item 21 Large Scale Preliminary Site Plan for Cemex Concrete Batch Plant, 450 Ocoee Apopka Road; Project No.: LS-2021-003 ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: July 20, 2021
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: 407-554-7083 City Manager:
Subject: Cemex Concrete Batch Plant
Preliminary Site Plan with Waivers
Project# LS-2021-003
Commission District#3 — Richard Firstner
Background Summary:
The subject property is zoned I-1 (Light Industrial). It is located on the west side of Ocoee Apopka Road,
approximately 1,275 feet north of the intersection of Palm Drive and Ocoee Apopka Road. The property address
is 450 Ocoee Apopka Road. The subject site consists of approximately 11.23 acres of undeveloped land. The
subject site parcel I.D. number is 18-22-28-0000-00-006.
The table below references the future land uses, zoning classifications, and existing land uses of the surrounding
parcels.
Direction Future Land Use Zoning Classification Existing Land Use
North Light Industrial I-1 Vacant Land (5.185 Acres)
East Commercial C-1 Office
South Agriculture and City A-2 (Orange County) Single-Family Dwelling/City Park
Park
West Low-Density Residential R-1A Single-Family Dwelling
Preliminary Large-Scale Site Plan
The proposed Cemex Concrete Batch Plant Preliminary Large-Scale Site Plan consists of a 1,750-SF office
building, 7,320-SF shop building, Silo Mixers are proposed to be partially enclosed and reach a height of 65 feet,
open storage of materials, and associated improvements to distribute cement, ready-mix concrete, and
aggregates. All of the above will utilize the entire 11.23 acres.
The subject property is located on the west side of Ocoee Apopka Road and east of the open ditch that runs and
flows to Lake Apopka. The Ocoee Palm Drive Park, with a stormwater pond and walking path around the pond,
is located on the south side. The intersection of Palm Drive and Ocoee Apopka Road is located 1,300 +/-feet to
the south.
Stormwater is proposed to be a series of collection systems. The property is located within the Lake Apopka
Drainage Basin. The St. Johns River Water Management District (SJRWMD) has specific drainage criteria for the
Lake Apopka Basin, which is above what the City's typical standards are. Based on comments from the applicant
and verification from the City Engineer, the Cemex Plant will not submit a drainage permit to SJRWMD and
instead will submit a permit for a "Package Plant" permit through the Florida Department of Environmental
Protection (FDEP). Additionally, an "Air Pollution" permit from FDEP is also required.
The site will use City sewer and City water for the 1,750-SF office and 7,320 sf"shop building". However, Cemex
will attempt to use a well for the bulk of its concrete batch processing. This will create a reduction in the expected
demand for the 11 acres to the equivalent of three (3) residential homes.
Access will be from Ocoee Apopka Road. TPD, Inc has provided a traffic analysis. A review by City staff and the
City's transportation consultant Kimley Horn has been made. The traffic study indicated the trips generated would
not negatively impact the Level of Service of Ocoee Apopka Road and surrounding intersections. Turn lanes on
Ocoee Apopka Road are provided on the plan. Orange County will permit the improvements to Ocoee Apopka
Road. A proposed area for right-of-way dedication is provided. Additionally, the site will generate transportation
impact fees of± $25,000 over the entire 11 acres.
A Landscape plan is provided as the applicant proposes to buffer the site via an 8-foot-tall chain-link fence and
increased plantings of landscaping. The applicant is not proposing to enhance the size of the landscaping at
planting and will rely on the time it takes the landscaping to mature in order to buffer the site.
Brownfield Overlay/ Ocoee S.E.E.D. (Special Economic Enhancement District)
The Parcel is located within the Ocoee Special Economic Enhancement District (S.E.E.D.), which was adopted
by Resolution 2018-012. The Brownfield Overlay is intended to foster higher intensity uses and redevelopment
than what is proposed with the Cemex Plant.
The Brownfield Overlay provides the City with options to offer economic incentives to projects in order to foster
development that will improve aesthetics, employment in migration, and residential opportunities. One such
example is the Vermeer Southeast Headquarters located south from the Cemex site. Vermeer will not only bring
with it 41 local employees earning a median salary of$47,000, but will also provide ancillary benefits with machine
demo days and OSHA training.
Business Character Area Overlay as approved under Ordinance 2017-020
The subject property is located in Sub Area "D" of the Business Character Area Overlay, which has specific
zoning requirements as adopted by the ordinance. The Vision Plan identifies uses appropriate for higher
densities within a mixed-use development, and Heavy Industrial is not intended or permitted. Since the
Business Character Overlay area and Sub Area "D" did not anticipate Heavy Industrial, specific standards to
appropriately locate Heavy Industrial standards are not available. Therefore, this request for a Preliminary
Large-Scale Site Plan for the Cemex Plant is a waiver to an entire Overlay Zoning.
As part of the Business Character Area Overlay, the City has negotiated with Orange County in the most recent
2019 Joint Planning Area Agreement to cooperate in efforts to facilitate improvements of Ocoee Apopka Road to
a Complete Streets Road Design and to widen. The Complete Streets design calls improvements such as a 12-
foot-wide trail on one side of the road with broad sidewalks of 8+feet on the other. Widening to Four lanes would
not be considered.
Zoning and Future Land Use
The subject property has a Future Land Use designation of Light Industrial and a Zoning designation of I-1
(Restricted Manufacturing and Warehousing District). The I-1 Zoning designation is defined as:
I-1 Restricted Manufacturing and Warehousing District.
This district is intended primarily for manufacturing and assembly plants and warehousing that are conducted, so
the noise, odor, dust, and glare of each operation is wholly confined within an enclosed building. These industries
may require direct access to rail, air, or street transportation facilities; however, the size and, volume of the raw
materials and finished products involved should not produce the volume of freight generated by the uses of the
general industrial districts. Buildings in this district should be architecturally attractive and surrounded by landscaped
yards. This district is primarily intended for areas shown on the Future Land Use Map as "Light Industrial".
2
The Ocoee Land Development Code further defines Industrial as:
Industry, Light:An industrial activity that does not include outdoor storage or any industrial activity which is
conducted outdoors..
Industry, Heavy:An industrial activity that includes outdoor storage and/or any industrial activity which is
conducted outdoors.
Waiver Requested
Three (3) site-specific waivers are being requested: height, storage, and use. As stated above, the overall project
is not permitted in the Overlay and Zoning District.
The site-specific waivers are:
1. Height from 35 feet to 65 feet. This waiver is requested to locate the silos needed for manufacturing. The
applicant is proposing to enclose the silos in a structure that will adhere to Florida Vernacular architecture.
Staff cannot provide guidance on how sound will or will not be baffled as proposed.
2. Outdoor storage of materials. The site plan proposes eleven (11) large three-sided material bins. The bins
will hold the material that is then taken to the silos.
3. Manufacturing outdoors. The process to manufacture the cement will utilize a majority of the 11 acres that
will have "materials" stored and moved around outdoor and then fed into a silo from the outside of the
proposed enclosure. The site will have sprinklers run to keep dust particles down.
Issue:
Should the Honorable Mayor and City Commission approve the Preliminary Site Plan with Waivers for the
proposed Cemex Concrete Batch Plant located at 450 Ocoee Apopka Road?
Development Review Recommendation:
The Development Review Committee (DRC) met on Tuesday, June 1, 2021, and reviewed the Preliminary Site
Plan and waivers. Discussion on the lack of water needs and utilization of a well was discussed. The DRC
received clarification on the process for a stormwater permit. The applicant's engineer for the Preliminary Site
plan indicated that another Engineer would ultimately permit the package drainage plant. The bulk of the
discussion was made on the waivers and staff's recommendation to deny the Preliminary Large-Scale site plan
based on the Heavy Industrial use, and waivers were not agreeable. The Development Review Committee
unanimously voted to recommend denial of the Preliminary Large-Scale Site plan for Cemex.
Planning and Zoning Commission (P&Z) Recommendation:
The Planning and Zoning Commission discussed the item at the June 8, 2021, Planning and Zoning Commission
meeting. Items brought up by members of the P&Z were related to air contaminants and environmental
regulations as the property is near existing residential and if there were a site in Ocoee located in Ocoee. After
discussion, the Planning and Zoning Commission voted unanimously to recommend denial of the Large-Scale
Site Plan and Waivers.
Staff Recommendation:
Based on the analysis provided in this staff report and the recommendations of the DRC and Planning and Zoning
Commission. Staff recommends that the Honorable Mayor and City Commission deny the Preliminary Large-
Scale Site Plan and waivers for the Cemex Concrete Batch Plant.
Attachments:
Location Map
Zoning Map
Aerial
Preliminary Site Plan for Cemex .
Landscaping Plan
3
Concept Rendering
Brownfield Overlay Area Map
Business Character Area Map
Development Agreement
Financial Impact:
None
Type of Item: (please mark with an 'k)
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading ' Consent Agenda
Ordinance Second Reading )( Public Hearing.
Resolution ; Regular Agenda..
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
4
Cemex - Preliminary Large a Scale Site Plan
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Waiver Number
Code Section
Code Requirements
Proposed Standards
Justification
1
Business Center Design Plan
2-Story / 35 It
65 ft Silo Enclosure (Other
Silos to be fully enclosed With Florida vernacular
Section 4.2 / LDC Table 5-2
Structures Will Not Exceed 35 ft)
architecture, consistent With Business Center
Design standards.
2
Business Center Design Plan
No outdoor storage.
Material storage provided Within
Material storage areas open to interior of the
Section 4.4.4
three sided enclosures With open
vehicular circulation area and the vehicular
end facing interior of the vehicular
circulation area is heavily screened by
circulation area,
landscaping such that material storage areas are
not readily visible to public.
area is
The enhanced landscaping and buffer widths will
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ned or zoned for
screened from publicviewbyscreen
views and mitigate adverseimpacts
landscaping and enlarged buffers,
associated with vehicular circulation.
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ZONING: COUNTY/A-i
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CONCRETE PAD WITH
17 BENCH AND TRASH
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GRAPHIC SCALE
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APPLICANT CONTACT INFORMATION
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JUL1E P. KENDIG
450 S0. ORANGE AVENUE, SUITE 650
ORLINDO, FL 32801
CONNECT TO EXISTING
PHONE. 407-418-2417
`
WATER MAIN
EMAIL• KENDIGOGTLAW.COM
(SEPARATE TAPS FOR
DOMESTIC AND FIRE)
PROPERTY INFORMATION
I
ADDRESS: 450 MEE APOPKA ROAD, OCOEE, FL 34761
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PARCEL 10: 18-22-28-0000-00-006
SITE AREA: 488,380 SF / 11.21 AC
ZONING
SUBJECT SITE: 1-1
NORTH: 1-1
SOUTH: Il COUNTY R-IA, COUNTY A-2
APPROXIMATE
EAST: C-1, R-1AAA COUNTY A-1
LOCATION OF
WEST: R-IA
EXISTING 12"
WATER MAIN
LOCATION IVIAP
ZONING: C-i
NOT TO SCALE
BUILDING SETBACKS
REQUIRED: PROVIDED:
ZONING: COUNTY/A-1
EAST (FRONT): 50' 186'
NORTH (SIDE): to' 99'
SOUTH (SIDE): 20' 78'
WEST: (REAR) to' 55'
BUILDING INFORMATION
_--
MAXIMUM PERMITTED BUILDING COVERAGE: 30X
PROPOSED BUILDING COVERAGE: (1,750 + 7,320) / 488.380 = ZX
MAXIMUM PERMITTED BUILDING HEIGHT: 35 FF
POWER POLES IN CONFI1Ci
PROPOSED OFFICE BUILDING HEIGHT: 27 FT
WITH ROADWAY WIDENING
PROPOSED SHOP BUILDING HEIGHT: 25 TT
TO BE RELOCATED, TYP.
PROPOSED SOLO ENCLOSURE HEIGHT: 65 FT -
WAIVER REQUESTED FOR SILO ENCLOSURE
_—_
MAXIMUM PERMITTED IMPERVIOUS SURFACE: 70X
PROPOSED IMPERVIOUS SURFACE: 55N
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PROPOSED
FLOODPLAIN NOTE
LEFT -TURN LANE
SUBJECT PROPERTY UES WITHIN ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2%
ANNUAL CHANCE FLOODPLAM, AND ZONE AE, AND AREA WHERE BASE FLOOD ELEVATIONS
ARE DETERMINED (114') ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD
F i.) ZONING: R-1AAA INSURANCE RATE MAP NUMBER 12095CO210F, DATED SEPTEMBER 25, 2009.
'ZONING: COUNTY/A-2 I,
-i SOILS
L,I WABASSO FINE SAND
ZOLFO FINE SANE
PROJECT BENCHMARK
I SOURCE: BOUNDARY tc TOPOGRAPHIC SURVEY OF 450 OCOEE APOPKA ROAD, OCOEE,
FLORIDA, SECNON 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AS
PREPARED BY BENCHMARK SURVEYING d MAPPING, Ll APRIL 3, 2020.
THE ELEVATIONS SHOWN HEREON ARE BASED ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION PERMANENT REFERENCE NETWORK, AND ARE RELATIVE TO THE NORTH
AMERICAN VERTICAL DATUM (NAVD) OF 1988.
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60' R/W
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385 Douglas Avenue, Ste 2100
Altamonte Springs, FL 32714
Telephone 407.478.8750
Facsimile 407.478.8749
Selby G. Wecks 569D1
relRsion de.cription date
Qi City Comments o6.0e.21
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dmrsn by:
JD
cbeeked by:
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date.
04/13/2021
plot scale.
AS SHOWN
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file name: C0o1
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385 Oeu Arerwe, Ste 2100
Allanonle Springs, FL 32714
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Certificate otAutharizafion Nu.: 9230
Todd W Bonnett, RLA FLLA-1718
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GENERAL REQUIREMENTS
The Landscape Contractor shall be responsible for all materials and all work as called for on the landscape plans. The list
of plant quantities accompanying the plans shall be used as guide only. If a discrepancy occurs between the plans and
the plant list, the plans shall control.
The Landscape Contractor shall warranty all frees, shrubs, and ground covers for a period of one IT year from the time of
fin of acceptance by Owner, Grounds Department Representative, and Landscape Architect.
The Landscape Contractor shall be wholly responsible for the stability and plumb condition of all trees and shall be legally
liable for any damage caused by the instability of any plant material. Staking of trees shall be done utilizing a method
prescribed by Orange County Public Schools.
The Landscape Contractor shall research plans and contact appropriate agencies to determine the location of any
utilities and obstructions prior to commencing work. Any utilities or unanticipated obstructions shall be reported to
Landscape Architect or Owner immediately.
All plant material areas shall have an automatic underground irrigation system providing 1007.coverage.
See Irrigation Design Plans for extent of irrigation for sodded areas.
Positive drainage shall be maintained away from all structures on the site
PLANT SPECIFICATIONS
All nursery stock plant material shall be Florida 01 or better in accordance with Grades and Standards for Nursery Plants
Parts 1811, latest edition as published by the Florida Department of Agriculture and Consumer Services- Division of Plant
Industry.
All plant material shall be planted, fertilized and mulched as per the plant details and planting specifications noted on
the plans.
All container grown material shall be weed free, healthy, vigorous, well rooted plants, and established in the container in
which they are delivered to the site. The plants shall have tops which are good quality and in a healthy growing
condition. Established container grown plant material shall be grown in that container sufficiently long enough for the
new fibrous roots to have developed enabling the root mass to retain it's shape when removed the container. Plants
which have become root bound in the container are unacceptable.
All plant material that is not container grown shall be freshly dug, sound, healthy, vigorous, well branched, and free of
disease and insect eggs and larvae, and shall have adequate root systems. Where any requirements are omitted from
the plant list, the plants furnished shall be normal for the variety. Plants may be pruned prior to delivery only upon the
approval of the Landscape Architect.
FERTILIZER
Granular fertilizer shall be uniform in composition, dry and free flowing. This fertilizer shall be delivered to the site in the
original unopened bags bearing the manufacturer's statement of analysis. Granular fertilizer shall be a controlled release
variety meeting the following requirements: sixteen percent (169) nitrogen, four percent (47.) phosphorus, eight percent
(87.) potassium, plus iron.
Application Rates:
Plant sae
16-4-8
1 gallon
1/41b.
3 gallon
1/31b.
5 gallon
1/3lb.
7-15 gotten
1/2lb.
1"- 6" caliper
2lbs. per I" caliper
6"+ caliper
3lbs. per 1" caliper
Sodded areas shall receive an application of the granular fertilizer (16-4-8) at a rate of 1/2 lb. of Nitrogen per 1,000 square
feet of sod area.
All Fertilizer shall be applied no sooner than 30 days after plant material, trees, and sod has been installed.
SOIL
Planting soil for use in preparing the backfill material for planting pits shall be added a rate of fifty percent (509) planting
soil to fifty percent (50%J existing soil. This soil mix shall be used in all plant pits. Planting soil shall be a fertile, friable natural
topsoil of loamy character. It shall contain forty (40) to fifty (501 percent decomposed organic matter and be free of
heavy clay, stones larger than 1"in diameter, noxious weeds and plants, sod, partially disintegrated debris, insects or any
other undesirable material, plants or seeds that would be toxic or harmful to plant growth.
vu�yi
All plant beds and free watering basins shall be top dressed with three inches (3") of pine bark nuggets
SOD
Refer to Landscape Plan for limits of sod.
All areas disturbed by construction (including material staging, equipment storage, temporary facilities, site access,
construction staff parking, etc.) beyond the minimum limits of sod as shown on the Landscape Plan shall be sodded as
needed.
All lawn areas to receive sod shall be disked four (4) to six (6) inches and graded to establish a level finished grade
ensuring positive drainage from all structures. All debris shall be removed from the site.
Sod shall be free of weeds and pests. It shall be laid evenly with tight fitting joints and rolled. The sod shall contain moist
soil which does not fall apart or tear when lifted.
See plant list for specific sod species and locations.
See'Fertilizer for requirements of all sodded areas.
EHcEJG FABtIC ORANGE
ie+5A�R GEOGIM I<f40'/1
EE':Cfl OR Ftl APPROVED
ECUSTAPLE IO VERII{AL
OR
CDu- oR nE TO N,ETAcr
Pests.
A'
I- PIACE COti IOUS ftnN Of fENCE SitOW AL OTsO NS, DO 4 ANAC. �
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TREE PLANTING PLAN DETAIL
N.tS.
Symbol Totals Itiolanical Name 1common Name Ispecifications Spacing Native Drought Tolerance
Wafer Zone
Trees
MG
28
Magnolia grandiflorg
Magnoi'ig/Southern Magnolia
4"col., 14'-16' ht. x Kr'spd. Fulf to Ground
AS
I yes
I M
M
PT2
186
Pinus laedg
Lobloly Pine
3" cal., min. 10'-16' ht, x 48" spd., 5' cl.
AS
yes
I M
L
QVl
61
Quercus virgniana
Live Oak
4" cat., 16'-20' ht. x 6 112'spd,, Sol.
AS
yes
H
L
SP
17
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JCcibbag. Palm
8'-14' ct, mixed.
JAS
I yes
I H
L
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Mc5
1 107
JMyrica cerifera
Wax Myrile
IS gat., full
AS
yes
H
L
SOD
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INgentirr. Bahia Sod
Isand grown solid sod - weed free
IsoEd
I no
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385 Dou" Avarua, Ste 2100
Mlomonla Sprv>�, h 32714
Telephone 407.478,8750
Poc4kirdie 407,478,8749
Cerofieate of A,thorization No : 923G
Todd w' Bonnett, RIA FL-As17T8
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recision description date
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Business Center Character Area
Gateway District At -A -Glance
The Business Center Character Area is envisioned as a district
f E�
r>
to house targeted industries. This is an opportunity to create an
office and high tech manufacturing area with supporting services
F0
like commercial and residential uses in an area that features access
and visibility from SR 429 and can be configured to allow for
o
increased development intensity while avoiding impacts on nearby
residential uses.
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Vision Plan "ideas"
[1]
Opportunity for stormwater to be in naturalized system
mimicing natural pattern and creating park amenity for
�AJ
neighborhood.
[2]
Special buffering required for uses along SR429
[3]
Larger footprint uses appropriate for this area where
connectivity is limited by expressway.
[4]
Special buffering required for industrial uses adjacent to
existing neighborhood - see standards on page 23.
t'
[5]
Area appropriate for residential use to provide density
transition between existing neighborhood and new
development to south along Ocoee -Apopka Road.
[6]
Area appropriate for higher density residential or mixed/
multi -use commercial and office with residential.
[7] Area appropriate for higher density residential or mixed/
multi -use commercial and office with residential.
[8] Opportunity to enhance and grow park amenity.
[9] Palm Drive presents opportunity for multi -use trail
connection between Downtown Ocoee and West Orange
Trail; see page 23 for proposed section.
[10] Special buffering required each side of East Crown Point
Road.
[11] Commercial and/or manufacturing use appropriate for this
location.
[ 12] Larger footprint uses appropriate for this area where
connectivity is limited by expressway. If industrial, care
must be taken to manage truck traffic access points.
[13]While connectivity is limited, new access points should
respect block length standards.
NORTH
0 300' 600'
[7]
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
RETURN TO:
Melanie Sibbitt,City Clerk
CITY OF OCOEE
150 N.Lakeshore Drive For Recording Purposes Only
Ocoee,FL 34761
(407)656-2322
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into
as of the day of , 2021 by and among CEMEX Construction Materials
Florida, LLC, a Florida limited liability company, whose mailing address is 1501 Belvedere
Road, West Palm Beach, Florida 33406 (CEMEX) (collectively, CEMEX is referred to herein as
the "Owner"), and the CITY OF OCOEE, a Florida municipal corporation, whose mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (the
"City").
WITNESSETH:
WHEREAS, CEMEX owns fee simple title to certain property located in Orange
County, Florida, and within the corporate limits of the City of Ocoee, Florida, said property being
more particularly described in Exhibit "A" attached hereto and by this reference made a part
hereof and;
WHEREAS, the Owner intends to construct certain improvements on the owner's
property in accordance with the site plan and as depicted in Exhibit "B" attached hereto and by
this reference is made a part hereof; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to
evidence their mutual agreement as to certain matters to the development of the Owner Property
and as a condition to the approval of the Site Plan by the City.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged,the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Development of the Property. (A) The Owner hereby agrees to develop
the Property in accordance with the Site Plan. The Site Plan is hereby incorporated herein by
reference as if fully set forth herein. (B) Except as otherwise expressly set forth in this
A-1
ORLA_1252671.4
Agreement and the Site Plan it is agreed that (1) the Owner shall comply with the zoning and site
regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to
time be amended, and (2) all preliminary site plans and final site plans for the Property or any
portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the
time of approval of any such plans. In the event of any conflict between the provisions of the
Ocoee Land Development Code, as it may from time to time be amended, and this Agreement, it
is agreed that the provisions of this Agreement shall control. (C) All capitalized terms not
otherwise defined herin shall be as defined or described on the Site Plan, unless otherwise
indicated.
Section 3. Waivers from the Land Development Code. Owner has been granted
waivers from the requirements of the Ocoee Land Development Code and SR 429 Business
Character Overlay, said waivers being set forth in Exhibit "C" attached hereto and by this
reference made a part hereof
Section 4. Permitted Uses. As a material inducement to the agreement of the City to
approve the waivers to allow for outside manufacturing and outside storage based on the
CEMEX site plan, the Owner agree that the Property will be developed in accordance with those
uses except for the following uses which are expressly prohibited on the property: adult
entertainment establishments, automotive body repair, automotive parking lot, automobile repair,
automobile sales (new and used), automotive service station, automotive wrecking or salvage
yards, bus terminal, equipment sales, motor vehicle wholesale, mulching yards, self-storage, Boat
and RV storage, Boat and RV sales or service, Plant Nursery, mobile home and travel trailer
sales and/ or service, recreational vehicle park, and air conditioning sales and service with
outside storage.
Section 5. Conveyance of Right-of-Way Property. Prior to the issuance of any
Building Permits for the real property which is the subject of this Preliminary Site plan, the
Owner shall dedicate and convey to the City an approximately 35-foot-wide strip of property
lying adjacent and contiguous to and along the property's eastern frontage on the existing right-
of-way for Ocoee Apopka Road all as more depicted in the Preliminary Site Plan. The area of
right-of-way dedication may be decreased by the amount of land need to facilitate turn lanes on
Ocoee Apopka Road. The Owner shall provide the City a sketch of Description and legal
description of the right-of-way land consistent with the Plan. The Right-of-Way land shall be
dedicated and conveyed by the Owner to the City by warranty deed free and clear of all liens and
encumbrances except for those matters acceptable to the City. The form of the warranty deed
shall be acceptable to the City. The owner shall contemporaneously with the dedication and
conveyance of the Right-of-Way land to the City, provide to the City, a current attorney's opinion
of the title or a current title commitment, to be followed by a policy of title insurance, evidencing
that fee simple title of the Right-of-Way is free and clear of liens and encumbrances except those
matters acceptable to the City. The costs and expenses related to the conveyance and dedication
of Right-of-Way land and including the cost of title work, shall be borne solely by the Owner.
•
Real property taxes on the Right-of-Way land shall be prorated as of the day before the City's
acceptance and conveyance of the same, and the prorated amount of such real property taxes
attributable to the owner shall be paid and escrowed by the Owner in accordance to the
provisions of 196.295, Florida Statutes.
Section 6. No Permit. This agreement is not and shall not be construed as a
development permit, or authorization to commence development, nor shall it relieve the Owner
of the obligation to obtain necessary development permits that are required under applicable law
and under and pursuant to the terms of this Agreement.
Section 7. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the other party, (ii) upon receipt when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, or (iii) the next business day after being sent by nationally
recognized overnight delivery service for next business day delivery, all addressed to the party at
the address appearing on the first page of this Agreement, or such other person or address as the
party shall have specified by written notice to the other party delivered in accordance herewith.
Section 8. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective successors
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the Property or any portion thereof.
Section 9. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the Owner,
execute and deliver letters affirming the status of this Agreement.
Section 10. 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 11. 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 12. Amendment. Amendments to and waivers of the provisions of this
Agreement shall be made by the parties only in writing by formal amendment.
Section 13. Specific Performance and Other Remedies. Both the City and Owner
shall have the right to enforce the terms and conditions of this Agreement by an action for
declaratory relief, injunctive relief and/or specific performance.
Section 14. Attorneys' Fees. In the event that either party finds it necessary to
commence a lawsuit against a party to enforce any provision of this Agreement or because of a
breach of any terms hereof, the prevailing party shall be entitled to recover from the non-
prevailing party that is a party to the lawsuit 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 15. 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 16. Captions. 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 17. Severability. If any sentence, phrase, paragraph, provision, or portion of
this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 18. Effective Date. The Effective Date of this Agreement shall be the date on
which the City signs this Agreement.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
CEMEX:
Signed, sealed and delivered in the CEMEX Construction Materials Florida,
presence of LLC,
a Florida limited liability company
By:
Print Name Name:
Its:
Print Name
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as of CEMEX
Materials Construction Materials Florida, LLC, a Florida limited liability company, who
1 is personally known to me or F 1 produced as
identification, and that s/he acknowledged executing the same in the presence of two subscribing
witnesses, freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2009.
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
CITY:
Signed, sealed and delivered in the
presence of: CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Print Name
Attest:
Melanie Sibbitt, City Clerk
Print Name (SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality this ON UNDER AGENDA ITEM
day of ,2021. NO.
FOLEY& LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared RUSTY JOHNSON
and MELANIE SIBBITT, personally known to me to be the Mayor and City Clerk,
respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged
executing the same in the presence of two subscribing witnesses, freely and voluntarily under
authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2021.
Signature of Notary
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission Expires(if not legible on seal):
EXHIBIT "A"
Property Description
The land referred to herein below is situated in the County of Orange, State of Florida, and is
described as follows:
Commence at the Northeast corner of the Northwest 1/4 of Section 18, Township 22 South,
Range 28 East, Orange County,Florida; run South along the East line of the Northwest 1/4
section line a distance of 323.07 feet, thence South 89°27'38" West a distance of 30.00 feet for
the Point of Beginning. Thence from the Point of Beginning,run South along the Westerly right
of way line of Ocoee-Apopka Road, a distance of 633.65 feet, thence run West a distance of
614.79 feet, thence run South 0°17'14" West a distance of 20.86 feet, thence run South 89°14'12"
West a distance of 176.20 feet, thence run North 0°50' East a distance of 212.34 feet,thence run
North 08°26'50" East a distance of 318.92 feet; thence run North 05°52'50" East 122.76 feet,
thence nun North 89°27'38" East a distance of 731.26 feet to the Point of Beginning.
.•
EXHIBIT "B"
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B-1
ORLA_1252671.4
•
EXHIBIT "C"
•
UJaiver Number Code Section Code Requirements Proposed Standards :Lubrication
dullness Center Ltesiem vlan 2-Store)35 ft 6S ft Silo Enclosure father Silos;o be fully encloses with Florida vernacular
Sect-ion 4,2/LDCTable 5-2 Structures Will Not Exceed 35 ft) architecture,consistent with Business Center
Design standards.
Business Center Design Plan No outdoor storage. Material storage provided within Material storage areas open to interior of the
Section 4.4.4 three sided encnsures with open vehicular rlrcutation area and the vehicular
end ratans interior of the vehicular circulation area is av y screened by
circutatiion area. landscaping such that material storage areas are
not readily visible to public
3 ausiness Center Design?Ian Service yards prohibited next to Vehhadat circulation area is The enhanced landscaping and otter widths will
4.7.S;dl properties planned o:zoned for screened from public view by screen views and mitigate adverse impacts
residential use. landscaping and e Rid rged buffers, associated with vehicular circulation.
•
C-1
ORLA_1252671.4