Item #13 Ocoee Pines (FKA: Whispering Pines)
AGENDA ITEM STAFF REPORT
Meeting Date: July 17, 2007
Item # 13
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: Ocoee Pines (FKA: Whispering Pines)
Land Use Plan/PUD Rezoning Ordinance
Preliminary Subdivision Plan
Project # AR-04-08-21 & Project # LS-2004-014
Commission District # 1 - Gary Hood
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Land Use Plan/PUD Rezoning
Ordinance and Preliminary Subdivision Plan for Ocoee Pines?
BACKGROUND SUMMARY:
The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located
northwest of Clarcona-Ocoee Road and southeast of Forest Lake Golf Course. The property is currently
vacant, wooded and undeveloped. The property was originally a remnant of a historic (circa 1920s)
residential subdivision (West Orange Park) that was never developed. Basically, the project is a
redevelopment of this historic platted subdivision. It was determined that the historic plat could have
potentially been vested for 352 residential units.
On August 8, 2006, the property was re-platted under Orange County jurisdiction as "Ocoee Pines". This
plat dedicated essential right-of-way for the future Clarcona-Ocoee Roadway realignment. Subsequently,
the subject property was also incorporated into the corporate boundaries of the City of Ocoee on
November 7,2006.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
Existing land use to the northeast is single-family residential subdivision (Ingram Trails), zoned R-1AA; to
the west and northwest is Forest Lake Golf Course, zoned A-1; to the east is residential land zoned
agricultural located on unincorporated Orange County and further east is vacant land proposed to be
developed as a single-family residential subdivision (Arden Park) in the City limits, zoned R-1AA; and to the
south across Clarcona-Ocoee Road is single-family residential zoned R-1 in the City limits.
DISCUSSION:
Ocoee Golf, LLC, the applicant, is requesting approval of a residential PUD (Planned Unit Development)
Zoning, Land Use Plan and a Preliminary Subdivision Plan. The PUD Land Use Plan and Preliminary
Subdivision Plan proposes 189 single-family residential lots and 154 town homes units with associated
infrastructure. As a result, the PSP as presented has a total of 343 dwelling units which does not exceed
the underlying land use density cap. The maximum gross residential density is approximately 3.37 dwelling
units per acre.
The Preliminary Subdivision Plan layout has the town homes on the northeastern portion of the site. The
PUD specifies minimum lot sizes of 75 feet by 120 feet (Type I), 70 feet by 120 feet (Type II), 60 feet by
120 feet (Type III) and 25 feet by 60 feet for the townhomes portion of the site. The minimum living area for
the single-family portion is 2,000 square feet for Type I, 1,800 square feet for Type II, 1,600 square feet for
Type III and 1,200 square feet for the townhomes portion.
The PUD Land Use Plan and PSP includes the realignment of Clarcona-Ocoee Road consistent with the
City of Ocoee Comprehensive Plan and Orange County roadway improvements plans. Accordingly, the
required right-of-way was already dedicated via "Plat" approval thru Orange County as cited above. Two
small remnant parcels have access easements provided by the recorded Plat. The City eventually plans to
condemn these two parcels for public uses and annex them into the City's corporate limits.
The Ocoee Pines LUP & PSP will have two (2) access points into the site; both will utilize the new
Clarcona-Ocoee Road realignment. The City of Ocoee will be providing water, sewer and reuse services to
the site. This will call for a utility territorial boundary adjustment between the City and Orange County.
A Development Agreement will eventually accompany the PUD Land Use Plan for approval and execution
by the City Commission. The Conditions of Approval specified in the Land Use Plan form the basis of the
proposed Development Agreement. The project is vested from school capacity as a result of its historical
platting as a mobile home park.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed the Ocoee Pines PUD Land Use Plan and the
Preliminary Subdivision Plan on May 1, 2007. There were some minor technical issues to be addressed
from the City Attorney, Engineering Department and Planning Division that were identified in written staff
comments and presented verbally. A noteworthy issue during discussion was the property boundary along
the western portion of the site (Forest Lake Golf Course). There appears to be a boundary discrepancy that
is currently being worked out by the developer and Forest Lake Golf Course (the City). The City does not
anticipate this issue would prevent the developer from moving ahead with his project. A Condition of
Approval was collectively agreed to be added to the Plans to address this issue. The COA will state that a
formal agreement on this new boundary line will be resolved prior to submission of the Final Subdivision
Plan. All other issues were discussed and all changes to the Plan were agreed upon.
After discussion was completed, the DRC voted unanimously to recommend approval of the Ocoee Pines
PUD Land Use Plan and the Preliminary Subdivision Plan, subject to the changes discussed being made to
the plans prior to the Planning & Zoning Commission.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Ocoee Pines PUD/Land Use Plan and
Preliminary Subdivision Plan at a Public Hearing on May 8, 2007. City Staff and the Applicant answered
several questions regarding the remnant parcels, the boundary discrepancy, setbacks off the Golf Course,
and timing of the improvements for the future Clarcona-Ocoee Road realignment. All of these questions
were addressed adequately in the P&Z meeting. There was no one from the public to speak regarding this
subdivision approval.
The P&Z Commission had one concern relating to tree preservation. Commissioner Golden believed that
the applicant should have proposed more trees to be saved to make this a better-quality project; however,
Staff reported that most of the trees on site were "Sand Pines" which had already been extensively
damaged by prior hurricanes.
After finishing its deliberations, the Planning & Zoning Commission voted (7-1) to recommend approval of
the rezoning from Orange County Agricultural "A-1" to City of Ocoee "PUD" based on the Land Use Plan,
and further recommends approval of the Preliminary Subdivision Plan as date stamped received by the
City on May 2, 2007, subject to incorporating the COA as discussed at DRC and any remaining comments
from City Attorney's Office and the City Engineering Department prior to the City Commission meeting.
After subsequent submittal and review, the Ocoee Pines PUD Land Use Plan and Preliminary Subdivision
Plan (date stamped May 25, 2007) addressed all issues raised by the City Attorney's Office and the City
Engineering Department.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the rezoning ordinance from Orange County Agricultural "A-1" to
City of Ocoee "PUD" based on the Land Use Plan as date stamped received by the City on May 25, 2007
and further recommends approval of the Preliminary Subdivision Plan as date stamped received by the City
on May 25, 2007 together with the corresponding Development Agreement.
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
Rezoning Ordinance;
Development Agreement;
PUD Land Use Plan date-stamped May 25, 2007;
Preliminary Subdivision Plan date-stamped May 25, 2007.
Financial Impact:
None.
Tvpe of Item:
x
x
(please mark with an "x')
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deot Use:
Consent Agenda
~ Public Hearing
_ Regular Agenda
x
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
Ocoee Pines
Location Map
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LAKE MEADO
9
Ocoee Commun~y Development
Department
1 inch equals 800 feet
240120 0 240 480 720 Feet
Printed: September 2006
C Subject Property
~ Unincorporated Territory
I....I.J,;,I"I and Other Municipalties
CJ Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilitiesllnstitutional
Lakes and Water Bodies
Ocoee Pines
Future Land Use Map
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Ocoee Community Development
Department
1 inch equals 800 feet
270135 0 270 540 810 Feet
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Printed: October 2006
C Subject Property
EB3I Unincorporated Territory
and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
~ Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
mo Commercial (PUD)
~ Low Density (PUD)
_ Medium Density (PUD)
1m! High Density (PUD)
_ Public Use (PUD)
/' // Unclassified
Lakes and Water Bodies
Ocoee Pines
Surrounding Zoning Map
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R-1AA
LAKE MEADO
R-1A
ORDINANCE NO.
(PUD Zoning Ordinance for Ocoee Pines PUD)
AR-04-08-21: OCOEE PINES
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REZONING FROM ORANGE COUNTY "A-I" TO OCOEE
"PUD" ZONING, PLANNED UNIT DEVELOPMENT
DISTRICT, CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 101.66 ACRES LOCATED NORTH
AND WEST OF CLARCONA-OCOEE ROAD, AND TO THE
EAST OF FOREST LAKE GOLF COURSE PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY
OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN, AND THE
OCOEE CITY CODE; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner (the "Owner") of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application
to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone
said real property from Orange County "A-I" General Agriculture, to Ocoee "PUD", Planned Unit
Development District (the "Zoning"); and
WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of
Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said
application and determined that the Zoning requested by the Owner is consistent with the 1991 City
ofOcoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18,1991, as
amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, the Zoning was scheduled for study and recommendation by the
Planning and Zoning Commission of the City ofOcoee (the "PZC"); and
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WHEREAS, the PZC has held a public hearing with public notice thereof and
reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the
Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and
has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent
with the Ocoee Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo public hearing with
public notice thereof with respect to the Zoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2.
Zonin2;. The zoning classification, as defined in the Ocoee City
Code, of the following described parcel of land containing approximately 101.66 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
"A-I" General Agriculture, to Ocoee "PUD", Planned Unit Development District:
See Exhibit "A" attached hereto and by this reference made a part hereof (the
"Property") .
SECTION 3.
Map. A map of the Property which clearly shows the area of
Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof.
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SECTION 4.
Land Use Plan. The following Land Use Plan for the Property is
hereby approved subject to the Conditions of Approval and Waivers from the Ocoee Land
Development Code set forth thereon:
That certain PUD Land Use Plan for Ocoee Pines prepared by
Professional Design Associates, Inc., date stamped received by the
City on May 25, 2007 with such additional revisions thereto, if
any, as may be reflected in the minutes of the City Commission of
the City of Ocoee meeting approving the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 5.
Official Zonin2 Map. The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the
Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute
said revised Official Zoning Map in accordance with the provisions of Section 5-1 (G) of Article
V of Chapter 180 of the Ocoee City Code.
SECTION 6.
Ocoee Comprehensive Plan Consistency. The Ocoee City
Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 7.
Inconsistent Ordinances. All ordinances or parts of ordinances
in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 8.
Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION 9.
Effective Date. This Ordinance shall become effective upon
passage and adoption.
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PASSED AND ADOPTED this _ day of
,2007
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
Approved as to form and legality this
,2007.
ADVERTISED ,2007
READ FIRST TIME ,2007
READ SECOND TIME AND ADOPTED
, 2007
UNDER AGENDA ITEM NO. day of
FOLEY & LARDNER LLP
By:
City Attorney
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EXHIBIT" A"
(The "Property")
Tracts C, D, E, F and G of Ocoee Pines, accordingly to the Plat thereof, as recorded in Plat Book 66,
Pages 94 & 95, of the Public Records of Orange County, Florida.
ALSO DESCRIBED AS:
A portion of Section 5, Township 22 South, Range 28 East, Orange County, Florida, and a Replat of a
portion of West Orange Park, according to the Plat thereof, as recorded in Plat Book M, Pages I, 4 and 5
of the Public Records of Orange County, Florida, being more particularly described as follows:
Commence at the South 1/4 corner of said Section 5; thence run N 00033'46" E, along the North-South
center section line of said Section 5, a distance of 1417.48 feet to the Southwest corner of the Northwest
1/4 of the Southeast 1/4 of said Section 5; thence run N 00015'45" E, along the West line of said West
Orange Park, a distance of 541.00 feet to the POINT OF BEGINNING; thence continue to run N
00015'45" E, along the West line, a distance of 875.64 feet; thence run N 02047'38" E, along said West
line, a distance of 1381.02 feet to the North line of said West Orange Park; thence run S 87000'58" E,
along said North line, a distance of 1323.24 feet; thence run S 87002'32" E, along said North line, a
distance of 1328.25 feet; thence departing said North line, run S 02014'23" W, a distance of 106.50 feet;
thence run S 73 028' 15" W, a distance of 448.75 feet; thence run S 02019' 19" W, a distance of 180.78 feet;
thence run S 88005'37" E, a distance of 125.05 feet; thence run S 02011 '03" W, a distance of 104.00 feet;
thence run N 88005'44" W, a distance of 150.17 feet; thence run S 02014'58" W, a distance of 154.01
feet; thence run N 88005'39" W, a distance of 200.09 feet; thence run S 02015'12" W, a distance of
258.01 feet; thence run S 88005'44" E, a distance of 50.35 feet; thence run S 02014'23" W, a distance of
104.00 feet; thence run N 88005'44" W, a distance of75.00 feet; thence run S 02014'23" W, a distance of
283.00 feet; thence run S 88005'44" E, a distance of 11.04 feet; thence run S 00010'05" W, a distance of
943.27 feet; thence run N 89008'55" W, a distance of 166.44 feet; thence run N 00011 '55" E, a distance of
272.02 feet; thence run N 89008'55" W, a distance of 498.87 feet; thence run S 00017'22" W, a distance
of 400.44 feet; thence run S 89047'57" W, a distance of 550.00 feet; thence run S 00017'22" W, a distance
of258.00 feet to a point on the North right of way line ofClarcona-Ocoee Road; thence run S 89047'57"
W, along said North right of way line, a distance of 100.00 feet; thence departing said North right of way
line, run N 00017'22" E, a distance of 516.00 feet; thence run S 89047'57" W, a distance of 685.82 feet to
the POINT OF BEGINNING.
Less and except Lots 1 and 2, Block 9, Lots 47 and 48, Block 26 and Park Lying North of Block 6, all
being in said West Orange Park.
Also less and except Tract "B", Ocoee Pines, as recorded in Plat Book 66, Pages 94 and 95 of the Public
Records of Orange County, Florida.
Further less and except Lots 28 and 29, Block 22, West Orange Park, according to the Plat thereof as
recorded in Plat Book M, Pages 1,4 and 5, Public Records of Orange County, Florida.
ORLA_ 446441.1
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EXHIBIT "B"
Ocoee Pines
Location Map
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EXHIBIT "C"
[Insert Land Use Plan]
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
( 407) 905-3100
DEVELOPMENT AGREEMENT
(OCOEE PINES)
THIS ANNEXATION AND DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into as of the _ day of , 2007 (the "Effective Date") by and
between OCOEE GOLF, LLC, a Florida limited liability company, whose mailing address is
950 South Winter Park Drive, Suite 350, Casselberry, Florida 32707 (hereinafter referred to as
the "Developer") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City").
W! I N E: ~ ~ E: I H:
WHEREAS, Developer own 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 "Property"); and
WHEREAS, pursuant to the application of the Owner, on , 2007 the
Ocoee City Commission approved Ordinance No. 2007- rezoning the Property as
"PUD" under the Ocoee Land Development Code (the "PUD Ordinance"); and
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code require the execution of a development agreement incorporating all plans
and conditions of approval by reference; and
WHEREAS, the Developer and the City desire to execute this Agreement in order to
fully comply with the provisions of the Ocoee Land Development Code; and
ORLA_ 404992.3
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:
Secti 0 n 1.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2. Initial Zonin!!. Contemporaneously with the execution of this Agreement
by the City, the Ocoee City Commission has adopted the PUD Ordinance, thereby establishing
PUD zoning for the Property.
Section 3.
Development of the Property.
A. The Developer hereby agrees to develop the Property in accordance with
that certain PUD Land Use Plan for Ocoee Pines prepared by Professional Design Associates,
Inc., date stamped as received by the City on (hereinafter referred to as
the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully
set forth herein.
B. The Developer hereby agrees that the Property shall be developed in
accordance with and is made subject to those certain Conditions of Approval attached hereto as
Exhibit "B" and by this reference made a part hereof (the "Conditions of Approval"). The
Developer further agrees to comply with all of the terms and provisions of the Conditions of
Approval. The Conditions of Approval attached hereto as Exhibit "B" are the same as the
Conditions of Approval set forth in the Land Use Plan.
C. Except as otherwise expressly set forth in this Agreement and the Land
Use Plan, including the Waivers set forth herein as Exhibit "C", it is agreed that (1) the
Developer shall comply with the zoning and subdivision regulations of the City as set forth in the
Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary
subdivision plans, final subdivision plans, and final site plans for the 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.
Section 4. Upsize of Water Pipes. Pursuant to that certain Road Way Network
Agreement (the "Orange County Agreement") by and between Developer and Orange County,
Florida, dated and recorded in Book , Page
of the Public Records of Orange County, Florida, Developer is required to construct
certain roadway and other improvements related to the realignment of Clarcona-Ocoee Road (the
"Road Work"). Contemporaneously with its construction of the Road Work, Developer will be
required, at its sole cost and expense, to construct certain utility improvements necessary for the
development of the Property, including but not limited to potable water, reuse and sewer pipes.
These improvements will depicted on the Final Subdivision Plan and subject to approval by the
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City. At any time prior to , the City may request that Developer upsize the
potable water, reuse, and sewer pipes to a size larger than the size required on the Final
Subdivision Plan. The Developer agrees that, if requested to do so by the City, it will upsize the
potable water, reuse and sewer pipes, provided, however, that the City will reimburse and pay to
the Developer the Developer's actual out of pocket costs incurred as a result of any upsizing
requested by the City not to exceed $
Section 5. Notice: Proper Form. Any notice delivered with respect to this
Agreement shall be in writing and be deemed to be delivered (whether or not actually received)
when (i) hand delivered to the other party at the address appearing on the first page of this
Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail,
return receipt requested, addressed to the party at the address set forth opposite the party's name
below, or such other person or address as the party shall have specified by written notice to the
other party delivered in accordance herewith.
Developer:
Ocoee Golf, LLC
950 South Winter Park Drive, Suite 350
Casselberry, Florida 32707
Copies to:
Jason W. Searl, Esq.
Jason W. Searl, P.A.
1518 Mount Vernon Street
Orlando, Florida 32803
City:
City ofOcoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
Copies to:
Paul E. Rosenthal, Esq.
Foley & Lardner LLP
111 N. Orange Avenue, Suite 1800
Orlando, Florida 32801
Section 6. Covenant Runnin2 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 7. Recordation of A2reement. 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.
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Section 8. Auulicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9. 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 10. A2:reement: Amendment. 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 ofthis Agreement shall be made by the parties only in writing by formal amendment.
Section 11. Further Documentation. The parties agree that at any time following a
request therefor 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 12. Suecific 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 13. Attornevs' Fees. In the event that either party finds 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 14. Counteruarts. 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 15. Cautions. 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 16. Severabilitv. 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 17. Effective Date. The Effective Date of this Agreement shall be the day
and year first above written, which shall be the day and year this Agreement is approved by the
Ocoee City Commission. This Agreement shall be null and void and of no further force and
ORLA_ 404992.3
-4-
effect in the event Developer does not acquire title to the Property from Owner in accordance
with the provisions of Section 2 hereof.
ORLA_ 404992.3
-5-
IN WITNESS WHEREOF, the Developer and the City have caused this instrument to
be executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the
presence of
DEVELOPER:
OCOEE GOLF, LLC., a Florida limited
liability company
Print Name
By:
Name:
Title:
Print Name
STATE OF
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 OCOEE GOLF, LLC., a Florida limited liability company who LJ
is personally known to me or LJ produced as
identification, and that 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 ,2007.
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):
ORLA_ 404992.3
-6-
CITY:
Signed, sealed and delivered in the presence of:
CITY OF OCOEE, FLORIDA
By:
Print Name:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. Approved as
to form and legality this day of
,2007.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ST ATE 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 BETH EIKENBERRY, 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 , 2007.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (ifno! legible on seal)
My Commission Expires (ifno! legible on seal):
ORLA_ 404992.3
-7-
[INSERT JOINDERS AS NECESSARYl
ORLA_ 404992.3
-8-
EXHIBIT "A"
THE PROPERTY
ORLA_ 404992.3
-9-
EXHIBIT "B"
CONDITIONS OF ApPROVAL
1. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND
RESTRICTIONS OF FLORIDA STATUTES, CHAPTER 163, CONCERNING
MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER 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 AN
EXEMPTION.
2. EXISTING TREES 8 IN. DBH OR LARGER (OTHER THAN CITRUS TREES OR
'TRASH' TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER
WALLS OR ROAD RIGHT-OF-WAY LINES WILL BE PRESERVED. IF AT ALL
POSSIBLE, THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND
THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE
BUFFERS AND AS STREET TREES.
3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED
TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE
EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES,
THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL
LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL
BUILDING PERMITS ARE ISSUED FOR THOSE LOTS.
4. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO
CLEARING ROAD RIGHT-OF-WAY AND RETENTION AREAS AS DETAILED IN
THE FINAL SUBDIVISION PLAN. ALL EXISTING PROTECTED TREES ON
INDIVIDUAL LOTS WILL BE EVALUATED AT THE TIME OF SITE PLAN
REVIEW FOR THAT LOT, TO DETERMINE WHETHER OR NOT EACH TREE
NEEDS TO BE REMOVED. ALL COMMON AREA IMPROVEMENTS INCLUDING
ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG
ROADS, AS WELL AS LANDSCAPING AROUND RETENTION POND TRACTS
SHALL BE COMPLETED PRIOR TO ISSUANCE OF A CERTIFICATE OF
COMPLETION.
5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL
BE PRESERVED, ALL ROAD RIGHT-OF-WAYS AND RETENTION AREAS WILL
BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY TREE REMOVAL.
NO CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING
CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN
CLEARLY MARKED WITH TREE PROTECTION BARRIERS.
ORLA_ 404992.3 -10-
6. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF
ANY PROTECTED TREES WITHOUT FIRST OBTAINING A PERMIT FROM THE
BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE
MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO
AUTHORIZATION SHALL BE GRANTED TO REMOVE A TREE IF THE
DEVELOPER HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE
THE TREES ON SITE.
7. UNLESS OTHERWISE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL
BE PLATTED ALONG ALL SIDE LOT LINES AND 10' UTILILTY, DRAINAGE
AND SIDEWALK EASEMENT ADJACENT TO THE STREET RIGHT-OF-WA YS.
SIDEWALKS WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY TO
RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
8. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ALONG THE
FRONT OF EACH LOT WILL BE PLACED AROUND EXISTING PROTECTED
TREES TO BE PRESERVED.
9. EACH FIRE HYDRANT SHALL BE PAINTED YELLOW IN COLOR AND A BLUE
REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER
OF THE LANE CLOSEST TO EACH HYDRANT. FIRE HYDRANTS SHALL BE
SPACED PER CITY OF OCOEE LAND DEVELOPMENT CODE.
10. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE FOR
THE BENEFIT OF THE PROPERTY OWNER'S ASSOCIATION. THE LAND
BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL
LOT OWNERS.
11. ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES,
WALLS, LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS
LANDSCAPING AROUND RETENTION POND TRACTS AND THE LIFT STATION
TRACTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE
OF COMPLETION.
12. STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE
INSTALLED BY THE DEVELOPER'S PRIOR TO CERTIFICATE OF COMPLETION
A T THE DEVELOPER'S EXPENSE AND THE COST OF THEIR OPERATION WILL
BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH ORDINANCE NO.
95-17.
13. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE
PROPERTY OWNER'S ASSOCIATION SHALL BE CONVEYED TO THE
PROPERTY OWNER'S ASSOCIATION BY WARRANTY DEED AT THE TIME OF
PLATTING.
ORLA_ 404992.3 -11-
14. ANY DAMAGE CAUSED TO ANY PUBLIC ROAD AS A RESULT OF THE
CONSTRUCTlON ACTlVITlES RELATED TO THE PROJECT SHALL BE
PROMPTLY REPAIRED BY THE OWNER TO THE APPLICABLE
GOVERNMENTAL STANDARDS AT THE OWNER'S SOLE COST AND EXPENSE.
15. THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC
STREET EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE
APPROVED FINAL SUBDIVISION PLAN.
16. ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE
PROVIDED PRIOR TO OR AT THE TlME OF PLATTING.
17. A PERPETUAL, NON-EXCLUSIVE ACCESS EASEMENT OVER ALL INTERNAL
ROADWAYS AND OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR OF
THE CITY OF OCOEE AND OTHER APPLICABLE AUTHORITlES FOR LA W
ENFORCEMENT, FIRE AND OTHER EMERGENCY SERVICES. THE CITY MAY
REQUIRE THAT THE OWNER EXECUTE AN EASEMENT IN RECORDABLE
FORM WITH RESPECT TO THE FOREGOING.
18. ALL UTlLITlES INCLUDING ELECTRICAL, CABLE TV, AND TELEPHONE AND
INCLUDING ON-SITE EXISTING OVERHEAD WIRES SHALL BE PLACED
UNDERGROUND.
19. A PROPERTY OWNER'S ASSOCIATION SHALL BE CREATED FOR OWNERSHIP
AND MAINTENANCE OF ALL COMMON AREAS.
20. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO,
DECLARA TIONS OF COVENANTS, EASEMENTS AND RESTRICTIONS,
ARTlCLES OF INCORPORATION OF THE PROPERTY OWNER'S ASSOCIA TlON,
AND WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO
THE CITY FOR APPROVAL PRIOR TO PLA TTlNG ALL OR A PORTlON OF THE
PROPERTY.
21. THE STORMWATER SYSTEM, INCLUDING ALL PIPES, INLETS, MANHOLES
AND STRUCTURES, TOGETHER WITH TRACTS A-H (RETENTION PONDS),
WILL BE OWNED, OPERATED AND MAINTAINED BY THE PROPERTY
OWNER'S ASSOCIATION.
22. THIS PROJECT SHALL BE DEVELOPED IN 1 PHASE.
23. ALL EXISTlNG STRUCTURES, INCLUDING BUILDINGS, POWER LINES,
AERIAL AND UTlLITY FACILITIES, WILL BE REMOVED PRIOR TO OR
DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES.
24. PURSUANT TO ORDINANCE 2001-18 ALL SUBDIVISION SIGNAGE MUST BE
CONSISTENT WITH THE NAME OF THE SUBDIVISION. ANY SUBSEQUENT
ORLA_ 404992.3 -12-
CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE
CITY COMMISSION.
25. ALL BUILDING PAD ELEVATIONS SHALL EXCEED THE 100- YEAR FLOOD
ELEVATION BY A MINIMUM OF TWO FEET.}
26. NOTWITHSTANDING THE CONVEYANCE OF THE STORMW A TER RETENTION
PONDS TO THE PROPERTY OWNER'S ASSOCIATION (THE ASSOCIATION) OR
ANY PROVISION TO THE CONTRARY CONTAINED IN THESE CONDITIONS OF
APPROVAL, THE DEVELOPER SHALL REMAIN RESPONSIBLE FOR THE
MAINTENANCE OF THE PROJECTS STORMW A TER MANAGEMENT SYSTEM
(SWMS), INCLUDING ALL STORM WATER RETENTION PONDS, UNTIL SUCH
TIME AS: (I) THE ENTIRE SWMS FOR THE PROJECT IS CONSTRUCTED AND
APPROPRIATE CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY
AND THE SJRWMD, (II) THE STORM WATER RETENTION PONDS INTENDED
TO BE CONVEYED TO THE ASSOCIATION HAVE IN FACT BEEN CONVEYED
TO THE ASSOCIATION, (III) THE ASSOCIATION IS DESIGNATED AS THE
MAINTENANCE ENTITY ON THE RECORDS OF THE SJR WMD AND ALL
TRANSFER RECORDS REQUIRED BY THE SJRWMD HAVE BEEN EXECUTED
AND ACCEPTED BY SJR WMD, (IV) THE CITY HAS BEEN PROVIDED WITH A
COPY OF THE DEVELOPER'S PROPOSED MAINTENANCE PLAN WITH
RESPECT TO THE SWMS, AND (V) THE CITY HAS BEEN PROVIDED WITH A
WRITTEN STATEMENT FROM THE ASSOCIATION ACKNOWLEDGING
RECEIPT OF THE DEVELOPER'S PROPOSED MAINTENANCE PLAN WITH
RESPECT TO THE SWMS AND THAT THE ASSOCIATION IS RESPONSIBLE FOR
THE MAINTENANCE OF THE SWMS.
27. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE
PROPERTY SHALL INCLUDE THE FOLLOWING PROVISIONS:
i. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE
ASSESSMENTS FOR MAINTENANCE OF COMMON AREAS IF ASSOCIATIONS
FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL
ALLOWING FOR ADEQUATE MAINTENANCE.
ii. PROVISIONS GRANTING THE CITY THE RIGHT, BUT NOT THE
OBLIGATION, TO MAINTAIN/REPAIR THE SWMS AND OBTAIN
REIMBURSEMENT FROM THE ASSOCIATION, OR FROM THE DEVELOPER IF
(i) TURNOVER OF CONTROL OF THE MEMBERS HAS NOT OCCURRED, OR (ii)
IF THE DEVELOPER IS STILL RESPONSIBLE FOR MAINTENANCE OF THE
SWMS.
iii. PROVISION PROVIDING THAT THE SWMS WILL BE TRANSFERRED TO A
RESPONSIBLE OPERATION/MAINTENANCE ENTITY ACCEPTABLE TO THE
CITY IN THE EVENT OF DISSOLUTION AND THAT IF DISSOLUTION OCCURS
ORLA_ 404992.3
-13-
WITHOUT SUCH APPROVAL THEN THE CITY MAY CONTINUE TO LEVY AND
COLLECT ASSESSMENTS AND IMPOSE LIENS WITH RESPECT THERETO
NOTWITHSTANDING THE DISSOLUTION OF THE ASSOCIATION.
iv. PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD
STANDING WITH THE FLORIDA SECRETARY OF STATE.
v. PROVISION THAT AT THE TIME OF TURNOVER OF CONTROL OF THE
ASSOCIATION TO THE MEMBERS, THE DECLARANT SHALL DELIVER TO
THE NEW BOARD OF DIRECTORS THE MAINTENANCE PLAN FOR THE SWMS
ACCOMPANIED BY AN ENGINEERS CERTIFICATION THAT THE SWMS IS
FUNCTIONING IN ACCORDANCE WITH ALL APPROVED PLANS AND
PERMITS. TO THE EXTENT THAT ANY SUCH ENGINEERS REPORT
INDICA TES ANY CORRECTIVE ACTION IS REQUIRED THAT DECLARANT
SHALL BE REQUIRED TO DILIGENTLY UNDERTAKE SUCH CORRECTIVE
ACTION AT THE DECLARANT'S EXPENSE AND TO POST A CASH BOND WITH
THE ASSOCIATION FOR THE ESTIMATED COSTS OF SUCH CORRECTIVE
ACTION.
vi. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER
GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY
THE ASSOCIATION.
vii. PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING
THE CITY REQUIRES THE CONSENT OF THE CITY IN AN INSTRUMENT
RECORDED WITH THE AMENDMENT.
28. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION
SHALL BE CONSISTENT WITH THE FORGOING PROVISIONS.
29. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS
PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY
OF OCOEE CODE.
30. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF
THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET
FORTH ON A WAIVER TABLE.
31. ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN AUTOMATIC
RAIN SENSOR.
32. OPEN SPACE BETWEEN TOWNHOME UNITS, WHICH IS NOT PART OF AN
INDIVIDUAL LOT, SHALL BE OWNED AND MAINTAINED BY THE
HOMEOWNER'S ASSOCIATION.
ORLA_ 404992.3 -14-
33. THE PLAN SHOWS A V AILABLE PAD SIZE FOR REFERENCE ONLY. FOR EACH
INDIVIDUAL LOT, THE BUILDINGS SHALL NOT EXCEED 70% LOT
COVERAGE AND THE TOTAL OF ALL IMPERVIOUS SURFACES SHALL NOT
EXCEED 75% LOT COVERAGE.
34. ALL UNDERGROUND UTILITIES SHALL COMPLY WITH SECTION 6-8 C 3 OF
THE LAND DEVELOPMENT CODE, WHICH REQUIRES PEDESTAL-MOUNTED
UTILITY BOXES TO BE PLACED BACK OF THE STREET, NO MORE THAN 5
FEET FORWARD OF THE FRONT BUILDING SETBACK LINE, ON ALL
RESIDENTIAL LOTS WHICH ARE LESS THAN 70 FEET IN WIDTH WHERE THE
LOT ABUTS THE STREET RIGHT-OF-WAY LINE.
35. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY
BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL.
36. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO
ENABLE ACCESS RAMPS AT ALL RIGHT-OF-WAY INTERSECTIONS (AND
OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE
ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN
WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY
CHALLENGED, AND OTHERWISE COMPLY WITH ALL AMERICANS WITH
DISABILITIES ACT ("ADA") REQUIREMENTS. WHEN SIDEWALKS ARE
CONSTRUCTED ON CORNER LOTS IN CERTAIN LOCATIONS, THE WALKS
WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL
THEN BE CONSTRUCTED. THE HOME OWNER'S ASSOCIATION WILL BE
RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL STREETS AND
SIDEWALKS IN ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY
NOW OR HEREINAFTER BE APPLICABLE TO THE PROJECT.
37. TRACT V V V (LIFT STATION TRACT) WILL BE CONVEYED TO THE CITY AT
THE TIME OF PLATTING. THE LIFT STATION SHALL BE FENCED WITH A
DECORATIVE ALUMINUM FENCE WITH POSTS AND RAILS PAINTED BLACK
AND SHALL BE SET BACK NO LESS THAN 25' FROM ANY STREET. THE LIFT
STATION SHALL ALSO BE SCREENED WITH SWEET VIBURNUM HEDGING
(36 IN. HIGH AND 30 IN. ON CENTER), IN ADDITION TO JASMINE VINES.
38. ALL SCREEN WALLS, LANDSCAPE BUFFERS, ALL COMMON AREA
LANDSCAPE IMPROVEMENTS AS WELL AS SIDEWALKS ALONG THE
FUTURE LOCAL STREET AND ALONG ALL OTHER PERIMETER PROPERTY
LINES SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION.
39. SHORT TERM RENTALS (RENTAL TERM LESS THAN 6 MONTHS) SHALL BE
PROHIBITED. THIS RESTRICTION SHALL BE INCORPORATED INTO THE
ORLA_ 404992.3 -15-
DECLARATION FOR THE SUBDIVISION AND SHALL PROVIDE THAT THE
PROVISION MAY BE ENFORCED BY THE CITY.
40. THE DECLARATION FOR THE SUBDIVISION WILL INCLUDE LANGUAGE
REQUIRING THAT FOR THE TOWNHOME UNITS GARAGES MUST BE USED
FOR PARKING CARS AND THAT PARKING WILL BE PROHIBITED ON THE
STREETS, EXCEPT IN DESIGNATED OFF-STREET PARKING SPACES.
41. THE DECLARATION FOR THE SUBDIVISION SHALL PROHIBIT RV AND BOAT
PARKING WITHIN THE SUBDIVISION.
42. THE DECLARATION FOR THE SUBDIVISION SHALL INCLUDE LANGUAGE
REQUIRING THAT IF TRASH CANS ARE USED AT INDIVIDUAL UNITS, THEY
SHALL BE STORED IN THE GARAGE, BUT IF THEY ARE STORED OUTSIDE
THE GARAGE THEY SHALL BE SCREENED FROM VIEW WITH A
DECORATIVE FENCE AND/OR LANDSCAPING.
43. THE DECLARATION FOR THE SUBDIVISION SHALL PROVIDE THAT A TRASH
PICKUP WILL BE PROVIDED FOR EACH INDIVIDUAL UNIT. NO DUMPSTERS
SHALL BE UTILIZED FOR WASTE DISPOSAL.
44. ALL TRACTS WHICH ARE TO BE OWNED AND MAINTAINED BY THE
ASSOCIATION SHALL BE CONVEYED TO THE ASSOCIATION BY WARRANTY
DEED AT THE TIME OF PLATTING.
45. THE DEVELOPER SHALL COMPLY WITH ORDINANCE NO. 2001-19 OF THE
LAND DEVELOPMENT CODE, RELATING TO COMMUNITY MEETING ROOMS.
46. INTENTIONALLY DELETED
47. THE TOWNHOME PORTION OF THE PROJECT SHALL SHARE THE
RECREATIONAL AMENITIES PROVIDED WITHIN THE SINGLE FAMILY
PORTION OF THE DEVELOPMENT.
48. ALL MULTIFAMILY RESIDENTIAL BUILDINGS COMPRISED OF THREE OR
MORE DWELLING UNITS, REGARDLESS OF SQUARE FOOTAGE OR NUMBER
OF STORIES, WILL INCLUDE AUTOMATIC FIRE PROTECTION SYSTEMS,
CONFORMING TO NFPA 130.
49. A BLANKET EASEMENT WILL BE PROVIDED TO THE CITY OF OCOEE OVER
ALL TRACTS TO BE OWNED BY THE PROPERTY OWNER'S ASSOCIATION FOR
THE MAINTENANCE OF ALL UTILITIES AND DRAINAGE OVER SUCH
TRACTS.
ORLA_ 404992.3 -16-
50. WATER AND SEWER SERVICE WILL BE PROVIDED BY THE CITY OF OCOEE.
AT THE TIME OF PLATTING, EASEMENTS WILL BE PLACED OVER THE
SERVICE LINES AND DEDICATED TO THE CITY OF OCOEE.
51. RECLAIMED WATER WILL BE USED FOR IRRIGATION PURPOSES, IF
AVAILABLE. A MASTER IRRIGATION SYSTEM WILL BE INSTALLED TO
SERVICE ALL COMMON AREAS AND RESIDENTIAL LOTS. THIS MASTER
SYSTEM WILL BE OWNED AND MAINTAINED BY THE PROPERTY OWNER'S
ASSOCIATION.
52. ALL STORMW A TER MANAGEMENT PONDS WILL BE UNFENCED WITH A
MAXIMUM 5:1 SIDE SLOPES INTO THE POND.
53. ALL BUILDING SETBACKS FROM ALL RETENTION AREAS SHALL BE 15 FEET
FROM THE TOP OF BANK.
54. DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCA TIONAL
PURPOSES ONLY. FINAL EASEMENT DIMENSIONS (WIDTHS) WILL BE
SHOWN ON THE FINAL SUBDIVISION PLAN AND WILL BE SIZED TO MEET
CITY REQUIREMENTS.
55. STREET LIGHTS, SECURITY LIGHTS AND LIGHTING FOR COMMON AREAS
MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE
DEVELOPER PRIOR TO CERTIFICATE OF COMPLETION AT THE DEVELOPER'S
EXPENSE AND THE COST TO THEIR OPERATION WILL BE ASSUMED BY THE
DEVELOPER IN ACCORDANCE WITH SECTION 6-8(0) OF THE OCOEE LAND
DEVELOPMENT CODE.
56. THE PROPERTY OWNER'S ASSOCIATION SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF ALL LANDSCAPED AREAS. LANDSCAPED AREAS SHALL
BE KEPT IN A NEAT, HEALTHY AND ORDERLY APPEARANCE FREE OF
REFUSE AND DEBRIS.
57. EACH SINGLE FAMILY LOT SHALL HAVE THE MINIMUM OF THREE (3)
TREES PER LOT, EACH TREE TO BE 10 FT. IN HEIGHT AND 2 IN. DBH AT TIME
OF PLANTING.
58. OPEN SPACE BETWEEN TOWNHOME UNITS, WHICH IS NOT PART OF AN
INDIVIDUAL LOT, SHALL BE OWNED AND MAINTAINED BY THE
HOMEOWNER'S ASSOCIATION.
59. TREES SHALL BE PROVIDED AT A RATE OF ONE TREE PER TOWNHOME
UNIT PRIOR TO A CERTIFICATE OF OCCUPANCY FOR EACH BUILDING.
EACH TREE TO BE 10FT. IN HEIGHT AND 2 IN. DBH AT TIME OF PLANTING.
ORLA_ 404992.3 -17-
60. THE COMPLETION BY OCOEE GOLF, LLC OF ITS REALIGNMENT
OBLIGATIONS FOR CLARCONA-OCOEE ROAD TOGETHER WITH ALL
IMPROVEMENTS RELATED THERETO IN ACCORDANCE WITH THAT
CERTAIN ROAD WAY NETWORK AGREEMENT - CLARCONA OCOEE ROAD
REALIGNMENT (OCOEE GOLF) BETWEEN OCOEE GOLF, LLC, AND ORANGE
COUNTY DATED MUST BE CONSTRUCTED AND
ACCEPTED BY ORANGE COUNTY PRIOR TO ISSUANCE OF A CERTIFICATE
OF COMPLETION BY THE CITY OF OCOEE FOR ANY PORTION OF THE OCOEE
GOLF DEVELOPMENT PROJECT.
61. A DETAILED TREE SURVEY, DEMONSTRATING THE LOCATIONS OF
HARDWOOD TREES, WILL BE SUBMITTED WITH THE FINAL SUBDIVISION
PLAN.
62. A STABILIZED ROADWAY SHALL BE PROVIDED AT ALL TIMES DURING
CONSTRUCTION FOR EMERGENCY ACCESS.
63. NO COMBUSTIBLE MATERIAL SHALL BE ALLOWED ON SITE UNTIL A DEP
APPROVED WATER SUPPLY IS ESTABLISHED.
64. ANY APPROVAL BY THE CITY OF THE LAND USE PLAN AND/OR THE
PRELIMINARY SUBDIVISION PLAN RELATED TO THE PROJECT SHALL BE
SUBJECT TO AND CONDITIONED UPON THE OWNER ENTERING INTO AN
AGREEMENT (THE "BOUNDARY LINE AGREEMENT") WITH THE CITY
ESTABLISHING THE LOCATION OF THE BOUNDARY LINE LOCATED
BETWEEN THE PROJECT PROPERTY AND THE PROPERTY LOCATED TO THE
WEST AND NORTH OF THE PROJECT, WHICH IS OWNED BY THE CITY AND
OPERATED BY THE CITY'S TENANT AS THE FOREST LAKE GOLF COURSE.
THE BOUNDARY LINE AGREEMENT WILL REQUIRE A JOINDER AND
CONSENT FROM THE CITY'S TENANT AND THE TENANT'S MORTGAGE
LENDER(S). THE FINAL SUBDIVISION PLAN FOR THE PROJECT WILL BE
REQUIRED TO ACCURA TEL Y REFLECT THE BOUNDARY LINE ESTABLISHED
BY THE BOUNDARY LINE AGREEMENT. THE CITY MAY REQUIRE CHANGES
TO THE FINAL SUBDIVISION PLAN, WHICH WOULD OTHERWISE BE
INCONSISTENT WITH THE APPROVED PRELIMINARY SUBDIVISION PLAN, IN
ORDER TO COMPLY WITH THE REQUIREMENTS CONTAINED IN THE
BOUNDARY LINE AGREEMENT. TO THE EXTENT THE OWNER DOES NOT
ENTER INTO THE BOUNDARY LINE AGREEMENT, BUT PROVIDES THE CITY
WITH A JUDICIAL DETERMINA TION ESTABLISHING THE LOCATION OF
SUCH BOUNDARY LINE, THE FINAL SUBDIVISION PLAN FOR THE PROJECT
WILL BE REQUIRED TO ACCURATELY REFLECT THE BOUNDARY LINE
ESTABLISHED BY SUCH JUDICIAL DETERMINATION. THE CITY MAY
REQUIRE CHANGES TO THE FINAL SUBDIVISION PLAN, WHICH WOULD
OTHERWISE BE INCONSISTENT WITH THE APPROVED PRELIMINARY
SUBDIVISION PLAN, IN ORDER TO ADDRESS ANY ISSUES RELATED TO THE
ORLA_ 404992.3 -18-
ORLA_ 404992.3
LOCA TION OF THE BOUNDARY LINE, AS SET FORTH IN SUCH JUDICIAL
TERMINATION.
-19-
EXHIBIT "e"
WAIVERS
No. CODE SECTION CODE PROPOSED JUSTlFICA TlON FOR
CITATION STANDARD STANDARD WAIVER
1 Sec. 5, Table 5-2 R-IAA Residential Allow 25' rear To allow for increased square
Zoning (75' wide lots) setback footage requested by Staff in
real setback 30 ft. comments and to allow for
flexibility in building location in
order to preserve trees, as
required.
ORLA_ 404992.3
-20-
01- '15
Copy of Public Hearing Advertisement
Date Published
5, lo01
D r1 d..l'\d 0 JfYLllot'tl(
[). (J 551ft e.a I
Advertisement
cITY OF OCOEE
NOTICE OF PUBUC HEARING
FOR OCOEE PINES 1FKA: WHIS-
PERING PlNESI PRELIMINARY
SUBOIVlS ON PLAN
CASE NUMBERS: LS-lJ4..Ol4
NOTICE IS HEREBY GIVEN. pursu-
ant to Section 4-3 A. (3) (b).
Ocaee Land Development
Code, that on Tuesday, July
17, 21107, at 7~5 p.m.. or os soon
thereafter os practical, the
OCOEE CITY COMMISSION wi II
hold 0 PUBUC HEARING at the
Ocoee City Commission
Chambers, 150 North Lake-
shore Drive, Ocoee, Flori-
da, to consider the Ocoee
Pines Preliminary Subdivi.
sion Plan on the property
located northwest of Clarco-
na-Ocoee Rood, and east of
Forest Lake Golf Course.
Interested parties may ap-
pear at the public hearing
and be heard with respect
to the proposed actions.
The complete case file may
be inspected at the Ocaee
Community Development
Deportment/Planning Divi.
sian located at 150 North
Lakeshore Drive, Ocoee,
Florida between the hours
of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, ex-
cept legal holidays.
The City Commission may
continue the public hearing
to other dotes and times, os I
~~~ees1~s ~g~fis~~6 i I '6~y ~~: I
vised of the dotes, times,
and places of any continua-
tion of these or continued
public hearings. Any contin-
uances sholl be announced
during these hearings and
no further notices regarding
these matters wi II be pub-
lished. You ore advised that
any person who desires to
appeal any decision mode
at the public/hearing wiil
need 0 record of the pro-
ceedings and for this pur.
pose may need to ensure
that 0 verbatim record of
the proceedings is mode
which inciudes the testimo-
ny and evidence upon which
the appeal is based. Per.
sons with disabilities need.
ing assistance to participate
in any of these proceedings
should contact the City
Clerk's Office 48 hours in
~~1-~t51O~ the meeting at
Beth Eikenberry, City Clerk
OLS402280 7/5, 2007
01-U3
Copy of Public Hearing Advertisement
Date Published
l~lAr1c1a i ( Jul~ 5, 2001
Or{ fLl'\~ 0 ct.t.rlh 'n ~( - Ct aSS" {fzitIo
Advertisement
G TO
N FOR
USE
(FKA:
I
CASE NUMBERS: AR 00W8-21
NOTICE IS HEREBY GIVEN, pursu-
ant ta Section 4-5( B), Ocoee
Land Oevelopment Code,
~~al~~np.~~e;rd~~, ;~~~ l1h:J: !
after as praclica!' lhe OCOEE
CITY COMMISSION will hold a
PUBLIC HEARING at the Ocoee
City Commission Cham-
bers, 150 North Lakeshore
Orive, Ocoee, Florida, to
consider the proposed PUD
Zoning for the Ocoee Pines
property, located north and
west ofClarcona-Ocoee
Rood, and east of Forest
Lake Golf Course (the
"Ocoee Pines .property")
-end to consider the follow-
I ing ordinance:
i ORDINANCE NO.
(PUD Zoning Ordinence tor Ocoe.
Pine. PUDI
I nterested parties may ap-
~~~r b~t ~~grgu~\\~ ~~~~~nc~
to the proposed actions.
The complete case fi Ie may
be inspected at the Ocoee
Community Development
Department/Planning Divi-
sion located at 150 North
Lakeshore Drive, Ocoee,
Florida between the hours
of 8:00 a.m. and 5:00 'p.m.,
Monday through Friday, ex-
cept legal holidays.
The City Commission may
continue the public hearing
. to other dotes and fimes, as
it deems necessary. Any in-
terested party shall be ad-
vised of the dates, times,
and places of any contin-uo-
tian of these or continued
public hearings. Any contin-
uances shall be onnounced
during these hearings and
no further notices regarding
these matters will be pub-
lished. You are advised that
any person who desires to
I appeal any decision made
I at the public hearing will
need a record of the pro-
ceedings and for this pur-
pose may need to ensure
I ~~~t par.;'~:~8t~~s rf'sco~~d'~
. which includes the testimo-
ny and evidence upon which
the aRPeal is based. Per-
sons with disabilities need-
ing assistance to participate
in any of these proceedings
should contact the City
Clerk's Office 48 hours in
advance of the meeting at
407-905-3105.
Beth Eikenberry, City Clerk
OLS402272 7/5, 2007