Item #07 Chateau Reserve Second Reading of Ordinances
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AGENDA ITEM STAFF REPORT
Meeting Date: March 18, 2008
Item # 70.. ,b.
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
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Reviewed By:
Department Director:
City Manager:
Subject: Chateau Reserve
Annexation & Initial Zoning
Case Number(s): AX 05-12-27 & RZ-08-01-01
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Annexation and the Initial Zoning (R-1AA)
Ordinances for Chateau Reserve?
BACKGROUND SUMMARY:
The subject property is approximately 8.76 acres in size and is located on the east side of Tomyn Boulevard
approximately 255 feet south of Patriots Point Drive. The subject site is currently undeveloped with a variety
of trees, wetlands and 100-year floodplain areas. Wetlands and flood zones areas are associated with the
Johns Lake Basin and are situated on the property's eastern and southern most boundaries.
The existing land use to the north and east is Single-Family residential subdivisions zoned R-1A, R-1AAA
(Brookestone Subdivision) and PUD Low Density (Wesmere Subdivision). To the south there is an
unincorporated parcel (+/- 1.4 acres) of land which is heavily treed and currently undeveloped, zoned
(Orange County) A-1. Situated west across Tomyn Boulevard is a water retention pond owned by the
Orlando-Orange County Expressway Authority. Currently, it is being utilized for stormwater abatement for SR
429. Further west across SR 429 is a vacant undeveloped parcel zoned (City of Winter Garden) A-1.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
The surrounding future land use is "Low Density Residential" except for certain portions to the south and east
which are designated as "Conservation/Floodplains".
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not
create an enclave. The north and east boundaries of this property touches the City limits. The subject
property is considered contiguous to the City of Ocoee and, therefore, eligible for annexation.
Joint Plannina Area Aareement: The subject property is located within the Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange
County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-Orange
County Joint Planning Area Agreement.
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states
in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical
extensions of the existing City limits, when services can be properly provided, and when proposed uses are
compatible with the City's Comprehensive Plan, the JPA Aareement, and the City's Annexation Policy...."
[Emphasis added]
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report: Based upon the projected impacts of the
proposed use and size of the parcel, Staff determined that the urban services could be adequately provided
to the subject property. Should the property owners choose to develop the property in the future; however,
they will be required to make certain improvements in accordance with the Land Development Code. (See
attached "Annexation Feasibility Analysis")
School Capacity Enhancement Aareement(s): The applicant has entered into a "School Credits Sales and
Purchase Agreement" in order to handle school capacity and concurrency issues with the Orange County
School Board. (See attached "School Credits Sales and Purchase Agreement")
Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided,
and the annexation meets state and local regulations. Upon annexation, the property will assume a Low
Density Residential Land Use per the JPA Agreement and the City of Ocoee Comprehensive Plan. The
applicant is requesting an initial City zoning classification of R-1AA zoning. The proposed initial zoning of
Single-Family Dwelling (R1-AA) is consistent with the surrounding single-family residential land use of the
area.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On January 31, 2008, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies. There were several minor technical issues to be addressed from the City
Attorney's Office that were identified in a written memorandum and presented verbally.
Based on the above analysis and subsequent discussions, the DRC recommended approval of the
Chateau Reserve annexation, subject to resolving the last remaining issues addressed in the City
Attorney's review memorandum.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Annexation and Initial Zoning for Chateau
Reserve on February 12, 2008. City Staff presented a brief overview of the Annexation and Initial Zoning
for the subject property. City Staff answered several questions from the P&Z board regarding FEMA flood
zone determination, Comprehensive Plan flood determination and flood insurance for the proposed homes.
Discussion ensued that FEMA is an agency that creates nation wide flood zone maps but they are typically
broad and they are not based on an actual detail study for a small parcel of land. Therefore, it was
determine by staff that the completed detail study of the subject parcel was the most appropriate flood zone
elevations to use. Furthermore, the Applicant is requesting a CLOMR (Conditional Letter of Map Revision),
which is an amendment change from the FEMA map for insurance purposes and will go with the title of the
land. The P&Z Commission raised concerns about tree preservation for the southern portion of the site.
The Applicant responded that they would be willing to work with staff to save additional trees at Final
Subdivision Plan review. The Public Hearing was opened for the Annexation and Initial Zoning.
There were several residents from the surrounding area that spoke regarding this project. Inquiries range
from protecting the eastern boundary drainage ditch to the existing housing market of the area. An abutting
property owner stated that all the trees will be removed and his concern is that the developer is impeding
on the conservation area with the cul-de-sac as well as along the stream area. He further continued, "there
is no buffer on the stream side and they will be losing trees". Residents also raised concerns of wet back
yards which are hard to mow. Indicating that there is either a high water table and/or wetlands adjacent to
the subject site. Nevertheless, most of the residence demands centered on providing an additional
vegetative buffer to protect the existing drainage ditch and associated conservation tract. The Applicant
responded that he would be willing to work with surrounding residents to resolve these issues before Final
Subdivision Plan approval. In general, the residents had no objections to the Annexation and/or Initial
Zoning as presented. The Planning & Zoning Commission stated that all of these concerns would be better
addressed with the Preliminary Subdivision Plan.
After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (8-1) of
the Annexation and Initial Zoning for Chateau Reserve, subject to resolving the last remaining issues
addressed on the attached City Attorney's review memorandum prior to the City Commission formal action.
After the Planning & Zoning Commission meeting, the Applicant has submitted the City Attorney's
requested documents.
STAFF RECOMMENDATION:
Based on the recommendation of the ORC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Annexation and Initial Zoning Ordinances for Chateau
Reserve.
Attachments:
Location Map
Future Land Use Map
Zoning Map
Aerial Map
Annexation Feasibility Analysis Report
Annexation Ordinance
Rezoning Ordinance
School Credits Sales and Purchase Agreement
Financial Impact:
None.
. Type of Item: (please mark with an "x')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Deot Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
Chateau Reserve
Location Map
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CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: AX-05-12-27
ApPLICANT NAME: Chateau Reserve, LLC
PROJECT NAME: Chateau Reserve Residential Subdivision
This form is used to evaluate annexation requests to determine the feasibility of providing urban services
to individual properties. Each department has filled in the appropriate section and the findings are
summarized below.
II. PLANNING DEPARTMENT
J. Antonio Fabre, AICP I
B. Property Location
1. General Location:
2. Parcel Identification Number:
3. Street Address:
4. Size of Parcel:
The property is located on the east side of Tomyn
Boulevard approximately 255 feet south of Patriots
Point Drive.
30-22-28-0000-00-057
N/A
+1-8.76 ACRES
C.
Vacant
Single-Family Residential Subdivision
Approx. 2.28 Units/Acre
Approx. 60
A-1
Low Density Residential
R-1AA
E. Consistenc
1. Joint Plannin Area
2. Comprehensive Plan:
Yes
Yes
II; FIRE DEPARTMENT
1. Estimated Res onse Time:
2. Distance to Pro ert :
3. Fire Flow Re uirements:
Chief Richard Firstner
2 - 3 minutes
Approx. 1 mile from Fire Station 3 (2515 Maguire Rd)
500 gpm.
III... PO~ICE<DEPARTMENT
1. Police Patrol Zone I Grid I Area:
2. Estimated Res onse Time:
Chief Ron Reffett
Zone 3 / Grid 20
Approx. 2 Miles
Page 1 of 3
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Applicant Name: Chateau Reserve, LLC
Project Name: Chateau Reserve
Case #: AX-05-12-27
Approx. 2 Miles
4 minutes for emergencies/1 0 minutes normal
6. Total Pro'ect Revenues:
J. Antonio Fabre, AICP
$670,140
$670,140
Unknown at this time.
Unknown at this time.
Actual impact fees will be calculated during
the site Ian a roval rocess.
Unknown at this time.
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
J. Antonio Fabre, AICP
Partially in the FIRM 100-year Flood Plain
I VI. UTILITIES David Wheeler, P.E.
I A. Potable Water
1. In Ocoee Service Area: Yes.
2. City Capable of Serving Area: Yes.
3. Extension Needed: Yes.
4. Location and Size of 8 inch WM on Patriots Point Drive in Brookestone
Nearest Water Main:
B. Sanita Sewer
1. In Ocoee Service Area:
2. Ci Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation A reement Needed:
Yes.
Yes.
Yes.
8 inch gravity on Patriots Point Drive in Brookestone
No.
I C. Other
1. Utilitv Easement Needed: Yes.
2. Private Lift Station Needed: There will need to be a City owned lift station.
3. Well Protection Area Needed: Yes.
I VII. TRANSPORTATION J. Antonio Fabre, AICP
1. Paved Access: Yes - along Tomyn Boulevard
2. ROW Dedication: No, Not needed
3. Traffic Study: Yes
4. Traffic Analvsis Zone: 627/629
Page 2 of 3
___ _ n_~
,
Applicant Name: Chateau Reserve, LLC
Project Name: Chateau Reserve
Case #: AX-05-12-27
VIII. PRELIMINARY CONCURRENCY EVALUATION J. Antonio Fabre, AICP
At this time, adequate transportation capacity exists; however, this condition
A. Transportation: may change and will be subject to a concurrency evaluation during the site
Ian a roval rocess.
Adequate park capacity exists.
B. Parks I Recreation:
D. Stormwater:
Within the City of Ocoee water or sewer service area. At this time, adequate
water and sewer capacity exists; however, this condition may change and will
be sub'ect to a concurrenc evaluation durin the site Ian a roval rocess.
The applicant will be required to handle the stormwater on-site, according to
the City Code and the regulations of the St. John's River Water Management
District.
At this time, adequate solid waste capacity exists; however, this condition may
change and will be the subject to a concurrency evaluation during the site
Ian a roval rocess.
Actual impact fees will be calculated during the site plan approval process.
C. Water I Sewer:
E. Solid Waste:
F. 1m act Fees:
I IX. SITESPECIFICJSSUES
All Departments I
None.
Ix. CONSISTENCY WITH STATE REGULATIONS:
J. Antonio Fabre, AICP I
This is a voluntary annexation. The property is contiguous to the City boundaries and
reasonable compact, per 171.044 Florida Statues.
Page 3 of 3
ORDINANCE NO.
(Annexation Ordinance For Chateau Reserve)
TAX PARCEL ID # 30-22-28-0000-00-057
CASE NO. AX-05-12-27: Chateau Reserve Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,
FLORIDA, CERT AIN REAL PROPERTY CaNT AINING
APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT
TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH
OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; ANNEXING ADJACENT
PUBLIC ROAD RIGHT-OF-WAY TO THE CENTERLINE THEREOF;
FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND
THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner(s) of
certain real property located in unincorporated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex said real property into the corporate limits of the City of Ocoee, Florida;
and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to
the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of
Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered
into a Joint Planning Area Agreement (the "JPA Agreement") which affects the annexation of the
real property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida,
has reviewed the proposed annexation and found it to be consistent with the Ocoee
Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be
ORLA_677265.2
consistent with the lP A Agreement, and to be in the best interest of the City of Ocoee and has
recommended to the Ocoee City Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. The Ocoee City Commission has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida
Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. The Ocoee City Commission hereby finds that the petition to annex certain
lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the
signatures of all owners of the real property proposed to be annexed into the corporate limits of
the City of Ocoee, Florida.
Section 3. The following described real property located in unincorporated Orange
County, Florida, is hereby annexed into the corporate limits of the City ofOcoee, Florida:
SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION
A TT ACHED HERETO AND BY THIS REFERENCE MADE APART
HEREOF).
Section 4. A map of said land herein described which clearly shows the annexed area is
attached hereto and EXHIBIT "B" and by this reference is made a part hereof.
Section 5. The land annexed pursuant to this Ordinance shall extend to the centerline of
any public road right-of-way located adjacent to the real property described on Exhibit "A"
attached hereto, provided, however, that the annexation of any such right-of-way shall not serve
to transfer any construction, operation or maintenance responsibilities with respect thereto,
except to the extent such responsibilities are expressly transferred to and accepted by the City
pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes.
Section 6. The Ocoee City Commission hereby finds that the annexation of said land
herein described is consistent with the Ocoee Comprehensive Plan and the lP A Agreement and
meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the lP A
Agreement, and the Ocoee City Code.
Section 7. The corporate territorial limits of the City of Ocoee, Florida, are hereby
redefined to include said land herein described and annexed.
ORLA_677265.1
-2-
Section 8. The City Clerk is hereby authorized to update and supplement official City
maps of the City of Ocoee, Florida, to include said land herein described and annexed.
Section 9. The land herein described and future inhabitants of said land herein described
shall be liable for all debts and obligations and be subject to all species of taxation, laws,
ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges
and benefits as other areas of the City of Ocoee, Florida.
Section 10. 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 11. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 12. This Ordinance shall take effect upon passage and adoption. Thereafter
the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the
Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the
Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this _ day of
APPROVED:
,2008.
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 _ DAY OF
, 2008
ADVERTISED AND
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
,UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_677265.1
-3-
EXHIBIT "A"
Legal Description
Begin at the northeast corner of the Southwest 1,4, of the Southwest 1,4, of Section 30,
Township 22 South, Range 28 East, Orange County, Florida; thence SOo025'00"E along the
east line of said SW 1,4, SW 1,4 Section 30, 1,278.11 feet; thence N88052'03 "W, 62.19 feet;
thence N72037'07"W, 52.86 feet; thence N52004'28"W, 90.68 feet; thence N66031'38"W,
173.72 feet; thence N82035'27"W, 111.97 feet to the east right of way line of Windermere
Road; thence N13 055' 17"E along said right of way line, 1153.21 feet; thence N890 11 '51 "E,
167.80 feet to the Point of beginning.
Said lands lying in Orange County, Florida. Containing 8.76 acres more or less.
ORLA_677265.1
-4-
EXHIBIT "B"
Map of Annexed Area
ORLA_677265.1
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;;:;-
ORDINANCE NO.
(Rezoning Ordinance for Chateau Reserve)
TAX PARCEL ID # 30-22-28-0000-00-057
CASE NO. RZ-08-01-01: Chateau Reserve Property
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-I,
"GENERAL AGRICULTURE" TO OCOEE R-IAA, "SINGLE FAMILY
DWELLING," ON CERT AIN REAL PROPERTY CONT AINING
APPROXIMATELY 8.76 ACRES LOCATED EAST OF AND ADJACENT
TO TOMYN BOULEVARD AND APPROXIMATELY 255 FEET SOUTH
OF PATRIOTS POINT DRIVE; PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN,
THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA
AGREEMENT; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have
submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee
City Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 8.76 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Orange County A-I, "General Agriculture," to Ocoee
R-1AA, "Single Family Dwelling;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of
the City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed
said Rezoning application and determined that the Rezoning requested by the Applicant is
consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28,
adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which has been amended from time to time (the "JPA
Agreement") ;
WHEREAS, the JPA Agreement affects the future land use of the real property
hereinafter described;
ORLA_677856.1
L
WHEREAS, pursuant to the provisions of Section 6(B) of the lP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning
and Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed
the Zoning for consistency with the Ocoee Comprehensive Plan and the lP A Agreement and
determined that the Zoning is consistent with the Ocoee Comprehensive Plan and the lP A
Agreement 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 the lP A Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public
notice thereof with respect to the Rezoning; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a),Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit" A" containing approximately 8.76 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange
County A-I, "General Agriculture," to Ocoee R-1AA, "Single Family Dwelling;"
SECTION 3. MAP. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part
hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby
finds that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code
and the lP A Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning
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.
2
ORLA_677856.2
; SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this _ day of
,2008.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF ,2008
ADVERTISED ,2008
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
, 2008 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
3
ORLA_677856.2
Begin a.t the northeast corner of the Southwest 14, of the Southwest y.; f S t' 30
TownshIp 22 S th R 28 E 4, 0 ec IOn ,
. .ou , ange ast, Orange County, Florida' thence SOoo25'00"E I h
east lme of saId SW 11 SW 11 S . ' a ong t e
14, 14 ectlOn 30,1,278.11 feet; thence N88052'03"W 6219 fi .
thence N72037'07"W 52 86 l' ' . eet,
, . teet; thence N52004'28"W, 90.68 feet. thence N66031'38"W
173.~2 feet; thenc: ~82:?5'27"W, !11:97 feet to the east right of~ay line ofWindermer~
Road, thence N13 5~ 17 E along Said rIght of way line, 1153.21 feet; thence N89011'51"E
167.80 feet to the Pomt of beginning. '
Said lands lying in Orange County, Florida. Containing 8.76 acres more or less.
4
ORLA_677856.2
EXHIBIT "B"
Map of Rezoned Area
5
ORLA_677856.2
~ ~ ~~~nWJ~ ~
. --...---.-- -- .---_.. fEB = 5 2008
CllY OF OCOEE
SCHOOL CREDITS SALE AND PURCHASE AGRE1<:MENT
(Chateau Reserve)
THIS SCHOOL CREDITS SALE AND P{j}{CHASE AGREE.MENT (this
"Agreement") is made tllis ~ day ofS_~ __.' 2007, by and between
METROPOLITAN ESTATES, LLC. a FlorIdalTmitcd liability company (herein
referred to as "METROPOLITAN"), and CHATEAU RESERVE, LLC, a Flor:da
limited liability company (herein referred to a~ "CHATEAU").
RECITALS:
A. CHATEAU is thc owner of lhose certain parceh of real property located
in southwest Orange County identified by Orange County Property Appraiser's Parcel
#30-22-28-0000-00-057 and 30-22-2R-OOOO-OO-058 (the "Property"), on which it plans 10
develop at least 19 residential dwelling units (the 19 units shall be n:fcrrcd ro herein as
"l\ew Unit~").
B. CHATEAU imends to rezone all or parl (If Ihe Property 111 order to
Jevdop the New Units.
C. In Orange County, developers proposing to rezone land to increase the
num ber of pennitled residential units. as is the case: with eHA TEA.U and the Propeny. to
seek and obtain approval of the rezoning request from the School Board of Orange
County, Fiorida (the "School Board").
D. The School Board has created a review process I'or newly proposed
residential projects which culminates in the School Board voting either to approve or
deny a capacity enhancement plan. negotiated between the developer anu lhe school stafr,
in order to address the school impacts projected 10 occur as a result of development of the
dcvclo~r's project.
E. On May 16. 2006. the School Board adopted a Resolution approving a
capacity enhancement plan involving the creation of 6.481 school capacilY crt'dits l'or a
group or (It:vdopers who, collectively, agreed to tinance the costs of accelerating a high
school and middle school.
F. lv[CTROPOLITAN is one of the developers participating in the tinancing
transaction and. in connection therewith. together with the School Board. entered into
that certain Capacity Enhancement Agn:cment (#06-011 - 131 ('the "CEX'). a copy of
which is attached hereto as Exhibit "A".
G. Per the;: temlS oC and as explained in, the CEll.. METROPOLITAN
fI~ecivcd 964 school capacity credits (defined in the CEA as "Owner's Capacity Credils")
which may be utilized within the "West Orange HS Zone."
1-1. The Property is Located in the West Orange HS Zone.
C'\L)lh.:urlH:nl~ an:J C;ct1mg,,~.J1Sa"\111l)n\~1y Diro,;u:nellt~\.~J'C . VIII;;;;:c r-.CI!fiLrul.:l for .\5slgnll:cl1l ofC,..:JJb iChnh:au i{";:h:rYc~. dlJh
2 du.:
I .
1. This Agreement shall become e ITecti\'c upon the dale n r the last execution
by the pal1ies (the" Effective Date").
J. tvlETROPOLITAl\ has agreed to Sell. and CHATEAU has ag.reed tn
purchase, 19 of Owm:r's Capacity Credits. for use by ellATEAlI in connection with
CHATEAU's plans to develop 19 residential dwelling lmits on the Property.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 (l.OOt the
mutual covenants contained herein, and other good and valuable consideration, rhe
receipt and sufficiency of which are hereby acknowledged. the partics agree as follo\\'s:
]. RECITALS. The above recitals are true and correct and are incorporated
herein by this reference.
") PURCHASE.
2.1. Purchase Price. Subject to the terms and conditions of lhis
Agreement. METROPOLITAN shall transfer and assign to CHATEAL and CH^ TEAl:
shall purchase and aSSllme from METROPOLITAN. 19 Owner's Capacity Credits. Tht:
price (the "Purchase Price") for 19 Owner's Capacity Credits shull bc ~il1cty-r-i\"C
Thousand and Nail 00 Dollars ($95,000.00).
2.2. Closinl!. The closing oj' the sale and purchaSe 01' I 9 OWl1er'~
Capacity Credits shall take place at ] 2:00 noon on NiJvember 15. 2007 (the "Closing
Date").
2.3. Payment Schedule. The Purch8se Pricc shull bc paid in
accordance with the following schedule:
2.3. J. First Installment. CHA TEAl) \\'ill pay the fir,;t
installment of the Purchase Price in the amount of $38.000 on the Effective Date ("'rir::.t
InstallmcnC). The First Installment shall be deposited with the law firm or Baker &
Hostetler LLP ("Escro\\' Agent") which shall hold same. in c::;crow. in accordance with
the tenns and provisions of this Agreement. Escr()\v Agent shall h('ld the First
Installment in un interest-hearing, federally insw'(;~d account.
CHATEAU. through ami in cOLlp~ration with MElROPOLlTAK
shall havc forty-five (45) days from the Effeclive Date in which to petition 1'01'. and
ubtain. School Board's approval of the transfer of 19 Owner" s Capacity Credits to the
Property. pmsuant to section IS of the CEA. ~'lore specilicully. th\; School Buard"s
consent of the transt~r shall be presented un the premise that the "S-year, projccled
enrollment at the [Lake \Vhitney demcnrary school] does nor exceed School Board"s
125%, level of service standard taking into account relief capacity planned for the 5-year
period." The Escrow Agent shall release the first Installment to f\.IETROPOLlTAN
within two (2) days of the day the School Board \,Oles to approve (11' the transfer. In the
event that School Board fails to vote to approve the transfer within the aforesaid 45-day
period, then either party shall have the right to tem1inutc this Agrecment hy giving
\\Tincn notice to the other party. with a copy to the Escro\\' Agent. Upun slIch
(' '\I)~)CIIII\Cnh llnd SCI:II~g..;',.nS;l;1111OIl'.f\-1~ f)t.I'\:L1mCI~Is.\S~l' .. ViHa!!~ ~..( 'unlr;\;;, fnT .-\5'I~nm~Ulllr ('T1,..t1l1=, ;l'h:llc~'lI Rc:-..:,'\ ~ I . dr.lft
111,1(".
krmination of tbe Agreement. Lscro\\ Ag~1H shall return thc First Installment tll
CH A TEA U upon C1 JA TEA U' s request.
2.3.2. Second Installment. The second installment of tht:
Purchase Price in the amount of $57,000 will be paid on the Closing Dati.: ("Second
Installment").
2.4. posing Pro\:edurcs. On the Closing Date:
2.4.1. Step One..: !vIETROPOLlTA1'i shall trans reI' and assign.
and CHA TEAl) shall assume, 19 Owner"s Capacity Credits under the terms and
\:onditions or the Cl::A. The form of the transfer and assignment agrcl.:ll1cnt to be
executed on the Closing Date is anached hereto as Exhibit ooB" ami incorporated herein
(the "AssiglUnent").
2.4.2. ~~ Two. CRA. TE.-\U shall pay the Second
InstallmelllLO METROPOLITAN via wire transfer offunds or cashier's check.
2.4.3. Step Three. METROPOLlTAN and CllA n.AU shall
provide School Board with nOlice oftbe transfer und assig.nment of 19 Owner's Capacity
Credits by delivering to it a copy of the executed Assignment. IL is anticipated Ihm
METROPOLITAN and CHATEAU will do this by arranging a meeting with l)uvid
Moon. Senior Manager, OCPS Planning and Governmental Relations.
2.4.4. Stc::p Four. The School Hoard. through and by David
Moon or other ocrs senior staff person. shall provide CHA TEAl!. in writing. its
ackno\vledgemcnt of CHATEAU's (and the pfl)pcny'~) imeresl.s in and 1O 19 Ownt:r's
Capacity Credits under the CEA.
2.4.5. Step five. With rcspt:et to the I q Ownc::r";; Capa\:il)'
Credits transferred and assigned to CHA TEAL. !\.{ETROPOLIT:\", shall be responsihle
for paying 10 School Board the amounts due from Owner pursuant to Section 3 of the
CEA. These amounts are referred to in Section :; as the "proraled share of the
Proportionate Shure Amount" and the "prorated share of the tvlS Loan R.clateu Costs:'
In the event thm School Hoard will pcrmit !v[ETRO.POUTA~ to prepay these costs for
just 19 Owner's Capacity Credits. then METROPOLlT:\N shall havc the option or
making a prepayment. If not. then iV1ETROPOLlTAN shall put the estimated amount of
these costs (i.e. 19 X $586.68 == $1 1.147) in n separatc. dedicated account with first
Commen.:ial Bank of Cenu'al Florida. p<:nding payment or samt: pursuant to Section:; 01'
the CEA
3. DEFAULT.
:\.1. Default of METROPOLITAN,. In the C\'Cnl that
METROPOLIT A!'J shall I"ail to fully and timely p~rfonn any of its ohligarions M
covenants hereunder. lh~n CHA TEAll may seek specilit: perti.,rmancc. Prior to dedaring
a default and exercising the remedies descrihcd herein. Cl IA TEA l: shull issue a l1otit:e of
default to lvlETROPOLJTAN describing the e\ enl or condition of default in sl.lfiicicnt
C:\DrIClIllll:llb :J.nd ~;:Il;:~liJig)'.I).")~llhlJ:~',;-"'1y Do.:uItlClIl.:i;SH: - \'llla:;e r-'( tHl!.:.!.;( 1~lr A):Jlglilll\.'IH (.;"t.r':UIL' (( 'h::HC:lll R~'jc:n':j.. ~hall
2 d\l~ .
-I
u~lail to enable a reasonable person w dt:lennillc the action IIcc<::ssary to cure thl.: Ud~lUlt.
:vfETROPOLlTAN shall have Ii neeD (15) days I'rom ddivcry of the notice during which
to cure the defaull. If the default has nol been cured within the aforesaid period.
CHA TEA U may exercise the remedies described above.
3.2 [)el~lUlt of CHATEAl.'. In the event tbat CllATEAU shall tail l()
fully and timely pt:rfoml its obligalions or covcnilms hereunder to pay the Purchase Price
to METROPOLITAN. then METROPOLITA~ may. at its option. elect as its sole
options: (i) seek equitable relief. including. bUI not limited to. specific performance: or
(ii) 10 tetminate this Agreement and receive ("rom Escrow Agent. and retain. the rirst
Installment as liquidated damages.
4. NOTICES. All nOli\.:es and other ileTTl~ r~qllired to be gi\'cn and deliver.:u
under the tcnllS of this Agreement shall be addressed 10 the parties as follows:
Ifw ~'lETROPOLITAN:
:--.1ctropolium !-::slmcs. LLC
c/o B~ll v J. i\ctdison
900 s.i'. 62n~ Blvd. .'\-1
Gainesville. FL 31607
Telecopy No.: (3S2) ~36-R 118
If to CHATEAlJ:
Chateau Reserve. I,LC
22lJ5 S. Hiawa'5sce Rd.. Ste 40X
Orlando. FL 32X35
Aun: Nicholas A. l3urden
Tdecop:, No.: (407) 298-1740
If to Escrow Agent:
Raker & Hostetler, LLC
SunTruSI Center. Suite 2300
200 Soulh Orange I\\enue
Or!anuo. Florida 3280 \ -3432
Attn: Allison E. Turnnull
Telecopy No.: (407) 841-0168
NOlice hert:uuder may be given or be served b~ depositing the same in the
Uni:cd Stales mail. postage pre-paid. registered or certified. and auJrt::sst:d 10 the parly III
be nolified. with return receipt requested. or by delivering the same. in person or by
Fedcral Expn:ss or other nationally recognized ovel11ight courier service. to such address.
or by t"acsimile transmission. The parties may change their respective addn~sses for notice
by giving notice to ihe other panies in accordance with this Section.
C:,., );t.:UlllC1U.... a:ll: "'t:HIlI~" I)SaUllh.,:T..M~ Dv~umt':H~'~';1' \. . \'IIl;t~": F'l\lnlra~l TN ; \S~I~nll-..:n{ ,)f (!;.;dn.. II ha!l:.ul ;~ (>'....1 ",: I . dran
~ COI.:
5. GEl'iERAL PROVISIONS.
, ,
!
5.1. Escrow j\~ent. Fscrow Agent shall not be entitled to any fees or
compensation lor its services as escrow agent hereunder. ESl.:row Ag.ent shall be liable
only to hold the First Installment. to invest same as provided for herei n. and to deliver
same to the parties named herein in accordance: with the prm'isions or this Agreement.
[sera\, Agent, as escrow agent, is acting in the capacity oj' a depl1siwry only. and shall
not be liable or responsible to anyone fell' any damages, losses or c:xpellsc:s unless sam.;:
shall be caused by the gross negligence or willrul malfcasam:e of Escrow Agent. In the
event 0 r any disagreemcnt among any of [he panies to this Agn.:e111el1t or among them or
any of them and any other p~'rson. rcsulting in cld,,:rsc claims and dcmands being made in
connection \vith or for any propen)' involved hcn:in or alreeted hereby, Escro\\' Agent
shall be entiticd to rcfuse to comply with any sucn claims or demands as long as such
disagrecment may continue. and in su r~fll~ing. shall make no delivery or other
disposition of any property then held by it under this Agreement. and in so doing EscrO\\
Agent shall not become liahlc in any \vay tor such refusal. and Escrow f\gcnt shall he
entitled to continue to rdrain from acting unlil (a) the right:-; or a(herse c1aimanls shall
have been finally settled by binding arbitration or tinally adjudicated in a eourt a~sllming.
and having juri~diction of the property invol ved herein or affected herehy. or (b) al!
dirt't:rences shall have been adjusted by agreemcnl and Escro\\' Agent shall have O\:C11
noti lied in \\Titing of such agreement signed by the partic::; hereto. Further. Escrow Agcnt
shall have the right al any time after a dispute between \lr':TROPOLTT:\N and
CHATEAC has arisen. to pay any deposils held by it into any cOLIn of competent
jurisdiction for payment to the apprOpl;UIe pan}. whereupon Escro\\' Agent's obligmions
hereunder shall terminate. ~IETROPOLlTAN anu CIIATEAl. agr~e that the stalus or
CHATEAU's counsel a~ Escrow Agent under this Agrecment dl't.'S not disqualify such
Jaw fiml Irom rl::prest:nting CHATEAU in connection wirh this transaction and in uny
disputes that may arise bet\veen CllATI-.AU and tvl L;:TRO PO I. IT AN conc<::,rning this
transaction. ineluuing any dispute or contro\'crs:- with respect t(1 the Fi~t Inslallment.
5.2. Choice oela...,,' and Venue. lhis Agreement shall hi;; constru~d .IIlJ
interpreted undcr the la",s or the Slate of Florida. \vitholll gi\ing drect to plineipks of
contlict of laws. except where spl::eifically pre-c.:rnpted by Federal law. The parties ag.ree
that tht: proper venue with respect to any state or I<::dcra\ litigation in connection with this
Agreement shall be held in Orange COllnty. Florida.
5.J, Amendments. Any ,illlcnllmenL to thi~ :\grl::t.'menl shall nCll bind
any or the parties hereto unless such amendment is in writing and executed and delivered
by !v1ETROPOLITA!\ and CHATJ-::\U. Any al11t:ndl11cnt TO Ihis AgrccmcnI shull bt:
binding upon the parties as soon as it has been t.'xt.'cUIed h) all parties.
5.4. Entire /\1!rccrm:nl. This Agreement. together with allY exhibits
attached herdo, constitutes the entire agreemcnt betwet:n the partk:; and 110 prior written
documents. Dnd no prior or contemporary oral statements. representalions, promises. or
understandings not <:1l1bodied in this Agn::e111cnt shall be of any ti")rcc and/or crfect.
L" :.1 )U;;lllnt:lIt~ and "Clling.,"n~~atho:,ff~ \l~ DiXumclll':t,SI-C - \':n:1g~ r.( .,'l1IraCi ~~": A~"ll~nr:l;:nl \.\j" ~ 'r~(1IL;' Il. '1~3\'::l.1I Ri....I...!..~) . di:lli
2.dl\.:
).:>. Litigation. In the:: cVCI1l any parly t:omm~ncc", I itig<ltion to enl~>rL;t:
such party's rights hereunder. the prcvailing pcll1y shall he entitled to a reimbursement of
its reasonahk: attorneys' Ices and <.:osls innllTl:u in su<.:h litigation from Ihe non-pre\"ailing
party. both at the trial und all appellate le\'c!s. It is understood and agreed that
reimbursement of reasonable auorncys' fees and l.:O,IS is limited 10 the use of otlt;;idc
counsel and the expense of in house counsel shall not be r~ill1bursl.:d.
5.6. No RccordCltion. No rarty shall record this .'\grccmem nor any
memorandum hereoi' in the Public R.t:<.:ords of Orange County. Florida llnd any such
recordation by any party shall be <.:onsidercd a dt:i"ault by sLleh party under this
Agreement. Notwithstanding the f(ln.:going. in the e\ ent this Agrccmel1l or any
memorandum hcreoi' is recorded in the Public Records or Orange COllIllY. florida. such
recordation shall be considered null and voiu and the party so rc::curJing shall indemnir)
amI huld hanl1ks~ the other party for any loss or damu!;;e arising from sm:h recordatilln.
5.7. Ireadi~. Captions and ~<:(;[iol1 headings <.:ontained in thi~
Agreement are lor convenience and refercnc~ only; in no way do they define. describe.
extend or limit the scope or intent of this Agr~cme/ll or allY provision hereof.
5.8. Time. For the purpose;; hcrcof. the panics ugr<.:c that time shall be
of the esse::nce:: with respect to this Agreement. and that the representations and warramics
expressly set forth herein are all materia] and of the essence or thi s Ag.reement.
5.9. Wuiver. No wai\"l::r llf any rnwision l,r this ..\gn:e::ment shall be
effective unle~s it is in writing signeu by the purl) agail15t whNll it is usscrted. and any
v,.aiver or any provision oj' lhis Agreement shall be appli<.:u\-lle only \0 the spe<.:iftc
instance to which it is related and shall not bc deemed to be a eontinuing or future wuiver
Of: to such provision or a waiver as to any otht.'l" provision.
5.10. Time Peri(Jds. The calculation of the number or days that have
passed li.lr any time period de~eribed in the. Agreement ba"ed Oli calendar days :;hall
commen<.:e Oil the day immediately following the action or eve::nt giving. rise t(i the
commencement or the period and shall expire at S:OO p.m. on th..: lasl day of the time
period. FUl1hermore. an) time period provided for hercin which :-.hall end Oli u Saturday.
Sunday or legal holiday. shall extend to 5:00 p.m. of the next full business duy. Timc
shall be d~tennilled by reference tu the time in Orange County. Horida.
5.11. 5=oulltcrparl and T e.lccopv. Thi$ Agreement may be executed in
several counterpart" and/or by tdecopy. each of which shall be deemed to he all ori~inal.
hut all of which shall cunstitute one and llll': Slime agreemcnt: providt:d however. Lhat
each of the counterparts shall ha\'(: been executed b) both the parties hereto. Execution
or tbis Ag.reement or any Amendment thcrt:1O and delivery hy facsimile $l1all he dc:cm..:d
execution and deli\'ery of an originall{lr till purposc~.
5.12. Waivcr of Jurv Trial. Each pan) hereby wai\es any righl to a jury
trial in conn~l:ti()n with allY di~pLlle bt:tw,;-cn tho:: panics which ari:-.c~ J'rlll1l this Agrecmenl
or in any course of conduct r~lmed hercto.
c. np",\~IIIl,;llh ...nal S~nillg.~,D"'aJ\hurf.M~ OI'I\,:uuH.:nh~Si C . \'l11J~\: Fe. ,lnl~~..:l fllr \...$lg:u1i,,:'l\l tlf(:I...U:h (I 'hilt.:au P.l..':-...-r"CI dl:lfl
~.d~l~
5, ~ ~ t:J,!"1 r:~l!Jl1er:;hip. N()thing l:llllldincd in lhi~ Agr~emclll ;:;ha!l bc
dc::~r;l~d 10 constitute:: the creation \)f a joim \'l:llturc m parti\er~hip rei;l;inn~hip h:,wccn
uny ul' thl: part.iL::o hc;r~tn. nor shall am' PW\'jSIOi1 pi this /\!,',n:!.:ll1enr be d""~I11t;d III i:l1j1l'S::
an:, dutyor iiablliry ,)11 a:1)' p(lny hereIn \\'jlh rcSr~'(:l \v thml pitni::s,
5,14. \VaJTLl,I:llie,~ _.\I,~l,lJ ...I(cpn:'i:.:ntatinns. Endl p<.ll1~ hl:;'C!(l hl:1'!.:',w
WHrrants and 1'cprc:ocnlS UIHC. C<lL:h other that llpllll :hc-ir excclItin" (d' this '~grt:cn1cnl.
a.ssumitij,: CXL:cutiol1 rlf this AgrCl.:rnt.:nl by Ih<.: ,)Ih<.:r ;:t<!.rty, ":U"::1 pmiy: ;a) shlli h:.: lull:-
r-uund hy ;::I! tilt, ,erms, proviskms and ",'\l!)diti"n, h<.:rc;'i': a:l(! (b) IH[S i'i1i! p,)".n:r :U1d
aLJth(lril~' IC> abide by :md cmnply "I.'ilh th:;- l:.:n!l~. pr:,,\'i~iun:, i.liid ":lll',dltiUI1" h..::;'(',,1' La..:h
oj" In.... panics bereto furthcr warnmls ilnd ro;:prC5cnts th;!! the p<.:r~;'tl <:'::',(;l'U1in~ 1.11:...
/\grct.:lll\.:nl llfl its hchulf is fully uu1!w:izcd {(\ uu ~() 11l1d ll~.~: ilt', !'unht:r ilt'l;..)11 ur
prll~l;\.:ding of '.v)H-llc\,cr nature shall be II(;;;C:';~,:;"~' lu l'mlSt: lhi~ Agr-;:(.'m":l:t \(l b.... fully
hinding upon such pHil)', FlIiiher, i\'1E[i~,OI'{)I..ITA'< rcprCSCIH~ lo (,;IATE.-\l1 .k:t
;\'1 ETHnpOl.l TAN owns thl:: III Owm:r's Cap:Jc.:ity Cn.~,1i\.~: llllw :ls:-.igilCclll': (,;'1:\ i i ..\1:.
,"I6th:':T of' lhl: puniC's mak..':;; an:; rcprcsl.:l;wtillns or war.nnt!t:.'" ;(> lhl: \llhl,:[' c.:.,c;.:!~1 .;!' i...
spcciti<;ully pnwidcd ill this SUr>s,,'cli<ln 5.! 4 ,:nd. tunhcr. all rl:prl:"'",'nuli\llb ,:l1d
WtlIT;mtic..,; sh'lll mcrgt: with the Agrce-mcllt a,lhe limt: \lrcitlSi;J.~.
5.15, Cn!l!lQg,l)li1)!i.l~, The p.1rtics shai: kC:':!'llhe cx,s"Ci1C<:, and li!iiH',..:ia:
t:..:rm:-, lit this !\grl'Cnlt.:nt strictl:-,' conl'iJl:mial On!)' tiu: a"(lm:.:y~ fil\{; ilLTcluntal1\S ,:; tile
p:1I1 iL:~ ~lli.1!1 n::cci"L: notice llf ~uc.:h U':i11:S,
T~ \VITNRSS \VHEREOF. th~' ri:;'I!C:~ h::n::lli h,J'(' (':t''':U!Cl: :hi" :,grc""/11":,1l ,::..
\.1' ih~ U:.Jtc nrst :;l:H<:d above:.
I' \'1 r:-l'ROPOI.fT,\ .,.,
:'\'IETROPOI,J r..\."I ESTATES, LLC.I
j:i\ )i'lf..hl i1il1H~:..I J ;~lhi;it:. t;(.1;n.p:U:~'
n~.: i.ilJ.:...' Can.!" Pr"Hhl<':li,):1~. LLC, a F'!(.,: I'.l,t
hrnih.;d''1i~h!}jt\ tPfnn;~ii\
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any td' tht: p~1i1i~~ hL'"r~t(l. n~)r :,haH an> pr'.'\ i.~i\ll~ ~.j til:" .'\gn.:\..~n~~:j1 he dl..'_'::1L,,:d it: irnpn"L'
an:, duty (1; iiahi 1 it~ 0:1 any pany n,,-'r;';lo '.\:~ i'1 rl->r~'l.:! ti..' t:',i~':J pan i'~~',
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\\"arr:in\~ and n;presents unto Cli<.:h lllher ::ha: UpllIl 1b.:1[ :..'\CCu[\Oi1 lit' 1~1\"; ,':"gr~'~rncm.
.:!ssl~!ning t:"xecution of this :\grC(;n1Cn~ by !h~.: other p:lny. ~~c'h !':Jiiy: (~d ~han !'Il.' t'uliy
buul1d h:- ~ll lile it.:nn:i. pi\1vish)Il:- ilml cl'l1dili(\il~ I1L'r..:"I: ;)!\C! n~) h:cs ruil Pt,W":T am:
iluth"rlly It' ;lbHlI..' h~ and ~'ol1lpl) ,,'j l11 lh.: l-.:rm~. ;1:";\ i:~i,.l[j.,. ::;ld,:,,;nl:i ti"I~:, k.:n.\) i" LHi.;!;
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/\g:'ccm.:m un ib behalf i:, li.Iily :Jul!lonzt:d hI dtl .~:l <lnd t!1,II r~() j',l!olh.:r ~!c:i(,n :11'
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f'\ \\Tf"NESS \\'H EREOFo Ih.: :"~i:.tiL'" Lt.:r...:!l\ h<i\ '0' ~.:'o:.:t"'":l....(: ::1i~ '\g:'c:.::1:c.:;",: .:',
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I
FIRST AMENDMENT TO SCHOOL CREDITS
SALE AND PURCHASE AGREEMENT
THIS FIRST AMENDMENT TO SCHOOL CREDITS SALE AND PURCHASE
AGREEMENT ("Amendment") is made this i~ day of November. 2007, betwt:en
METROPOLITAN ESTATES, LLC, a Florida limited liability company ("Metropolilan") and
CHATEAU RESERVE, LLC, a Florida limited I iability company ("Chateau").
WITNESSETH:
WHEREAS, Metropolitan and Chateau entered into that certain School Credits Sale and
Purchase Agreement (the "Agreement") pur$uant to which Metropolitan agreed to sell. and
Chateau agreed to purchase. nineteen (19) of the Ov-.'T1er's Capacity Credits. as therein defined;
WHEREAS, the Orange County School Board has approved the assignment of the
Owner's Capacity Credits pursuant to certain conditions:
WHEREAS, Chateau desires to extend the Closing Date set forth in the Agreement: and
WHEREAS, Metropolitan desires to extend the Closing Dale. as provided herein.
NOW, THEREFORE, for and in consideration of the premises, the sum ofTen Dollars
($] 0.00) and other good and valuable consideration, the receipt and sufticiency of \vhieh is
hereby acknowledged, the parties hereby agree as follows:
1. Recitals. The recitals set forth above are lTue and correct and are incorporated herein.
Unless otherwise provided herein, (;apitalized tenns used herein shall have the
meanings set f011h in the Agreemenl.
2. Closine Date. Paragraph 2.2 of the Agreement is amended as J<)lIows:
2.2. Closing. The closing of the sale and purchase of 19 Owner's Capacity Credits
("Closing") shall take plaee at 12;00 noon on February 15.2008 ("Closing Date").
3. Earnest Money Payment.
A. Paragraph 2.3.2 of the Agreement is amended as follows:
2.3.2, Second Installme!}t. On November 15, 2007. Chateau shall pay to Metropnlitan
the amolUlt of $27,000.00 ("Second Earnest Money Payment'.). The Second Earnest
!\'roncy Payment shall be nonrefundable to Chateau except in the i;:vent that the
Agreement fails to close due to a Metropolitan del~lUll. or if Chateau is othenvise entitled
to an earnest money refund pursuant to the Agreement. The Second Earnest Ml1ney
Payment, together with the previously-released First Inslalll11i;:nt. shall be credited
towards the Purchase Price due to iv1etropulitan at Closing.
B. New Paragraph 2.3.3 to the Agreement is hereby inserted:
fJ:lXfJ4'\. 1I00ott(. 10189072'1.\
2.3.3. -lbird Installment. The third installment of lhe Purchase Price in the amount of
$30.000.00 will be paid on the Closing Date ("Third Installment").
4. Counteroarts. This Amendmcnt may be executed in one or more counterparLc;. each
of which upon delivery shall be deemed an original and all of which togethcr shall
constitute one and the sam~ instrument. It shall not be necessary whcn making proof
of this Amendment to produce l:ounterpans with original signatures, it being agreed
that photocopies of signatures or signatures received by facsimik transmission shall
have the same effect as original signatures.
5. Ratification. Except as modified herein, the Agreement remains unchanged and in
full force and effect. In the event of a c(ln tlict between the terms and provisions of
this Amendment and the Agreement_ the lenns and provisions of this Amendment
shall control and be given etlecl.
IN WITNESS WHEREOF, the panies hercto have executed this Amendment to as of
the day and year first above \\Titten.
'"!Yfetropolitan"
METROPOLITAN ESTATES, LLC,
a Florida limited liability company
By: Lake CitrusProductions. LLC, a Florida
limited liabilily company
By:
David Beall. as its Manager
"Chaleau"
CHATEAU RESERVE, LLC, a Florida
limited liability company
By:
Nicholas A. Burden, as
its Manager
I)S8().1). O(IO'-~J1. IOI~9072l}.1
5.13, !:::l..Q..Part.ner~hin. Nothing contuincd m this Agreement shall be
dGcmcd to ;;ol1s1itu!l:: the c.Tcation of n joint venture or pm1neTship relationship net\'\'ccn
any of the partie~ h~rcto, nor shall any provislon of 1.hi~; Agreement be d('~m("."d to impose
any dUly or !iabi lity on any pnr1} hereto with respect to third pmties.
5.14. \.:V'!t!.Q..U~~~!!_.jl_n...<l._.R.el~!~?I).!.ltlltil)ns. Each part)' heret(1 herehy
"\varrants and represents unto each other that upon their execution oj" this Agreement.
assuming execution of this Agreement by thl: other party. such purty: (a) shall be fully
bound by all the terms, pmvisilms and condhinns hl::reof; and (b) has l'uJJ p0v,cr :.tlld
authority to abide by and c0rnp!y \vitn tht: teml~_ provisilms unJ condition:; hereof. Ea...:h
of the parties hereto further warnmls nnd rcprC$ents that the person c~~c\.~uling l]1),.,
Agreement (m its 1'1ebnlf is iully autllll:izeJ tl' do so Hnd that !In l'Lulht.:r <'Ic/ion or
prut:(;~dil1g of whmc\'cr nnrure ;;hll.ll be ncccs,.mry to l:allSt: this i\gn':i.:rncnt to bc fully
binding upon silch party. Further, METROPOUTA0: represents to e[IA-TEAU thu.
MrJ'ROPOUT AN O\NOS th::: 19 Owner's Capal.:it,y Credits to he assigned tp CHi" IT.'\;:.
\!ci'lber of the: panics makes an:-.' representatiuns or warranties 10 the othcf <.:.\(cpl ,\~ ;;
specitically pmvided in this Suhsecti~)n 5. i 4 and. further, all rcprcsL'OlHlion;, H:lU
warranties shall mcrgt: with the AgreeliH::nt at the time or c1o~ing,
5.15. (:ontWf:D,;j.f~litl:. The parties shall keep the existence. and li!lun(;laJ
[cnns. of this Agn.~cl!1ent strictly confidential. On!y the attorneys !lnd ac::ounHl1~ts () f' the
pm1ies ~ha.i! receivc notice of such ICI111:-;.
TN \\'TfNESS \vlIEREOF. the p,tnics hereto have executed lhis.l.grc~m'-'fl: ,L~
ll!' the date ti.rst stated above.
":\1ETROPOLITAi\i"
i\fETROPOLITA.N EST:'\TES, 1.LC. d
I=jo;;da Jimited Jinhiiity company
By: Lake Citrus Productil)lb. Ll..C, a P1c>rid~i
iimitgd'l1ability ~(lFJlpa~~y
.' /-' I I'll 0'
f : J'j ,"
I:~y: ~:..? ..L~f~~~< . ,
Name: David Beall -,
Tilk: Manager
"CHATE.:\ ti"
ell;\.. TEAU RESERVE. LI.C. a Fj(lrid~,
iimi~l~;i;jbilitY com~y
BY:.," ~L.../~,
N,H. e: l\'i\:holas A. Burd~I'
Titk: !vlcUtag~r
(':.I;k. ~lllo~.ntl;, I1nd ~.,..;:lt:.n~~.DS.u::.h(lJr.:\..jy i:}'h~!Jmt.-n1" ~~i.t- VI:I:t;:.: r Conr:~:t Jcrl\~"lgtlnl~'lu ;.i"C rnl::~:Ciul~'..ill RI.:o.:cr\\"I. dnll~
:.Ib.:
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AGENDA ITEM STAFF REPORT
Contact Name:
Contact Number:
Meeting Date: March 18, 2008
Item # I (:.
~ Reviewed By:
Antonio Fabre, AICP ~ Department Director:
407-905-3100/1019 City Manager:
-? ~:tJ-
~~
Subject: Chateau Reserve
Preliminary Subdivision Plan
Project Number: LS-2005-017
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Preliminary Subdivision Plan for Chateau
Reserve?
BACKGROUND SUMMARY:
The subject property is approximately 8.76 acres in size and is located on the east side of Tomyn Boulevard
approximately 255 feet south of Patriots Point Drive. The subject site is currently undeveloped with a variety
of trees, wetlands and 100-year floodplain areas. Wetlands and flood zones areas are associated with the
Johns Lake Basin and are situated on the property's eastern and southern most boundaries.
The existing land use to the north and east is Single-Family residential subdivisions zoned R-1A, R-1AAA
(Brookestone Subdivision) and PUD Low Density (Wesmere Subdivision). To the south there is an
unincorporated parcel (+/- 1.4 acres) of land which is heavily treed and currently undeveloped, zoned
(Orange County) A-1. Situated west across Tomyn Boulevard is a water retention pond owned by the
Orlando-Orange County Expressway Authority. Currently, it is being utilized for stormwater abatement for SR
429. Further west across SR 429 is a vacant undeveloped parcel zoned (City of Winter Garden) A-1.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
The surrounding future land use is "Low Density Residential" except for certain portions to the south and east
which are designated as "Conservation/Floodplains".
DISCUSSION:
The Preliminary Subdivision Plan proposes 20 single-family residential lots on approximately 8.76 acres.
The property is zoned R-1AA requiring a minimum living area of 1,400 square feet, a minimum lot width of 75
feet, and a minimum lot size of 9,000 SF. As shown in the Preliminary Subdivision Plan, Chateau Reserve
will be developed in one phase, and will include a 10,000 square feet recreational area with a community
clubhouse.
The subject property has some slight encroachments of wetlands to the south and northeast. Both wetland
areas are programmed to be preserved with corresponding 25-foot upland buffer and a conservation
easement dedicated to the City. As customary, development on the wetlands and flood zones will be
prohibited. It should be mentioned that the site according to the FEMA's (Federal Emergency Management
Agency) FIRM (Flood Insurance Rate Map) is situated mostly on a 100-year flood zone. However, after a
further review of adjacent floodplains studies, it appears that most of the site is above the flood zone
.
elevations. The City's consulting engineer (PEC) has agreed with the engineer of record's flood zone
"\ determination for the site (See attached letter).
As shown in the Preliminary Subdivision Plan, Chateau Reserve will have only one access point from Tomyn
Boulevard. Sidewalks will be installed along internal streets and along Tomyn Boulevard. The subdivision is
proposed to be gated community. There will be a 6-foot brick wall with appropriate landscaping on both sides
of the entrance with the wall extending along entire frontage of Tomyn Boulevard. Water and wastewater,
reclaimed water (when available), solid waste, police and fire protection will all be provided by City of Ocoee.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
I'
I
The Development Review Committee (DRC) reviewed the Chateau Reserve Preliminary Subdivision Plan on
January 31,2008. There were several minor technical issues to be addressed from the City Attorney's Office
that were identified in written memorandum and presented verbally. All of the issues were discussed and
changes to the plans were agreed upon.
When the discussion was finished, the Committee voted unanimously to recommend approval of the
Preliminary Subdivision Plan, subject to making the changes agreed upon at the DRC meeting before the
Ocoee Planning & Zoning Commission meeting.
After subsequent submittal and review, the Preliminary Subdivision Plan for Chateau Reserve (date
stamped February 5, 2008) addressed all remaining issues.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Preliminary Subdivision Plan for Chateau
Reserve on February 12, 2008. City Staff presented a brief overview of the Preliminary Subdivision Plan for
the subject property. City Staff answered several questions from the P&Z board regarding FEMA flood
zone determination, Comprehensive Plan flood determination and flood insurance for the proposed homes.
Discussion ensued that FEMA is an agency that creates nation wide flood zone maps but they are typically
broad and they are not based on an actual detail study for a small parcel of land. Therefore, it was
determine by staff that the completed detail study of the subject parcel was the most appropriate flood zone
elevations to use. Furthermore, the Applicant is requesting a CLOMR (Conditional Letter of Map Revision),
which is an amendment change from the FEMA map for insurance purposes and will go with the title of the
land. The P&Z Commission raised concerns about tree preservation for the southern portion of the site.
The Applicant responded that they would be willing to work with staff to save additional trees at Final
Subdivision Plan review. The Public Hearing was opened for the Annexation and Initial Zoning.
There were several residents from the surrounding area that spoke regarding this project. Inquiries range
from protecting the eastern boundary drainage ditch to the existing housing market of the area. An abutting
property owner stated that all the trees will be removed and his concern is that the developer is impeding
on the conservation area with the cul-de-sac as well as along the stream area. He further continued, "there
is no buffer on the stream side and they will be losing trees". Residents also raised concerns of wet back
yards which are hard to mow. Indicating that there is either a high water table and/or wetlands adjacent to
the subject site. Nevertheless, most of the residence demands centered on providing an additional
vegetative buffer to protect the existing drainage ditch and associated conservation tract. The Applicant
responded that he would be willing to work with surrounding residents to resolve these issues before
Subdivision Plan approval.
After finishing its deliberations, the Planning & Zoning Commission voted to recommend approval (8-1) of
the Preliminary Subdivision Plan for Chateau Reserve date stamped received by the City on February 5,
2008, subject to approval of the annexation and initial zoning for the subject property and with the following
conditions: 1) FEMA Map revisions - no certificate of occupancy should be given by the City of Ocoee until
FEMA provides their final determination of the 1 OO-year floodplain map change for the development based
on the as-built for the development, 2) larger buffer and tree preservation area to be designated outside
grading of individual lots adjoining Wesmere, and 3) a meeting between homeowners, developer, and staff
to be held prior to the start of final subdivision plan design.
After the Planning & Zoning Commission meeting, the Applicant has met with the District Commissioner,
homeowners, and staff to address the concerns of the adjacent homeowners and P&Z Commission. As a
result, the Applicant has submitted another Preliminary Subdivision Plan (date stamped March 7, 2008)
which illustrates an adjacent (10-20 feet wide) landscape buffer along the eastern boundary where the
adjoining existing home site are located. The Preliminary Subdivision Plan partially addresses the last two
conditions that where recommended by the P&Z Commission.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Preliminary Subdivision Plan for Chateau Reserve date
stamped received by the City on March 7, 2008, subject to approval of the annexation and initial zoning for
the subject property and with the following conditions: 1) FEMA Map revisions - no certificate of occupancy
should be given by the City of Ocoee until FEMA provides their final determination of the 100-year
floodplain map change for the development based on the as-built for the development, 2) larger buffer and
tree preservation area to be designated outside grading of individual lots adjoining Wesmere, and 3)
another meeting between homeowners, developer, and staff to be held prior to the start of final subdivision
plan design.
Attachments:
PEC letter dated November 19, 2007 (w I Attachments).
Chateau Reserve Preliminary Subdivision Plan, date stamped Mareh 7, 2008.
Financial Impact:
None.
Type of Item:
x
(please marl< with an "x'J
Public Hearing
Ordinance First Reading
Ordinanee Second Reading
Resolution
Commission Approval
Discussion & Direetion
For Clerl<'s Deat Use:
Consent Agenda
Public Hearing
_ Regular Agenda
x
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
. .
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PROFESSIONAL ENGINEERING CONSUL TANTS, INC.
November 19,2007
OE-408
1-1.0
Mr. Russ Wagner
Director of Community Development and Planning
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida
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Re: Chateau Reserve Subdivision
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Subj: Floodplain Encroachment \Vaiver
!~f: r1r'r~rc
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Dear Russ:
Pursuant to our meeting on October 29,2007, the intent of this letter is to respectfully
request that the City of Ocoee waive the "no floodplain encroachment" criteria as
required in the Comprehensive Plan for reasons that will be described below. In
addition, PEC will request in writing to Civil Design Group, Inc. (Mr. Bill Fogle) to
modify the current CLOMR-F (Conditional Letter of Map Revision based on Fill) in
order to revise the lowest adjacent grade elevation based on the two (2) Special Flood
Hazard Areas (SFHAs).
As you are aware, the "current" Flood Insurance Rate Map (FIRM) that incorporates
the above reference project (Panel No. 220E, dated December 16, 2000) indicates that
the majority of the site is covered by a Zone "A" floodplain (refer to Attachment
"A"). Zone "A" represents an area subject to flooding with no base elevation
determined. However, based on a detailed topographic survey of the Chateau
Reserve site, as well as local knowledge of the surrounding drainage systems, the
entire site is not physically inundated by a floodplain but instead is localized to two
(2) small areas (refer to Attachment "B"). The first area is located near the
northeast corner of the property and the second area is located along the south
property line. In either case, none of the proposed lots will be located with the actual
floodplain. Therefore, the City of Ocoee requested the developer, and his consultant
(Civil Design Group, Inc.), to prepare and submit a CLOMR-F application to FEMA
in order to officially remove the lots from the current floodplains based on fill.
As requested, Civil Design Group, Inc. (CDG) prepared and submitted CLOMR-F to
FEMA based on establishing the base flood elevation for the two (2) Special Flood
Hazard Areas. The following are the established base flood elevations and the
sources:
engineers
planners
surveyors
"Engineering Our Community'
200 East Robinson Street 0 Suite 15600 Orlando, Florida 32801 0407/422-80620 FAX 407/849-9401
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tvlr. Russ Wagner
November] 9, 2007
Page 2
Northeast SFHA
o Base Flood Elevation = 121.4 ft, NGVD
Cl Source: Drainage Calculations for the Brookstone Development
(prepared by Donald W. McIntosh and Associates, Inc.)
South SFHA
o Base Flood Elevation = 117.3 ft, NGVD
o Source: Johns Lake Stormwater Management Master Plan
(prepared by MSCW)
CDG was successful in securing the CLOivIR-F from FEMA (Case No. 07-04-5240-
C) and submitted copies to the City of Ocoee in order to address the PSP review'
comments (refer to Attachment "e"). However, the current project is still not able
to receive final approval since the project is in conflict with the current
Comprehensive Plan objectives which states "no developments are allowed within a
floodplain".
In my professional opmlOn, the proposed project meets the "intent" of the
Comprehensive Plan since the actual floodplain limits differ significantly to the
current published floodplain limits. I recommended that the City of Ocoee waive the
"no encroachment" criteria for the Chateau Reserve Subdivision since the proposed
project does not pose any impacts to upstream or downstream property owners.
Lastly, I will coordinate directly with CDO to address the following as discussed
during our meeting:
o Request that the CLOMR-F permit be modified to acknowledge the two
(2) SFHA and the two (2) different BFE's; and
o Request an exhibit that depicts the proposed finish floor elevations w'ithin
the Chateau Reserve Subdivision and the existing adjacent finish floor
elevations within Brookstone and Brookhaven Oaks Subdivisions.
I trust the above provides the City of Ocoee sufficient justification to support the
waiver to the City Commission.
Mr. Russ Wagner
November 19,2007
Page 3
If you have any questions, please contact me directly at 407 -422-8062, extension 194,
or by email atdwh@peconline.com.
Very truly yours,
RlNG CONSULTAt"\JTS, INC.
Davi . amstra, P.E.
,T' ce President / Stormwater Department Manager
Florida Registration No. 38652
cc: David Wheeler, City of Ocoee
Bill Fogle, Civil Design Group, Inc.
Chateau Reserve Subdivision
Floodplain Encroachment Waiver
Attachment "A"
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WARRIOR
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TOMYN RD
Orange County
Unincorporated Areas
120179
City of Ocoee
PROJECT 120185
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FLOOD INSURANGE,RATE MAP
ORfu\TGE COUNTY,
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FLORIDA
AND INCORPORATED AREAS
CARISBROOKE ST
(SEE MAP INDEX FOR PANELS NOT PRIN7=DJ
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~t.s.., ;:!a=~; ma.o creers: 1~9 COMMUN1'T'Y NUM3E~ 51'1:...-,"
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CITY,' OF 0
ORANGE CO
MAP NUMBER
12095C0220 E
EFFECTIVE DATE:
DECEMBER 6, 2000
Chateau Reserve Subdivision
Floodplain Encroachment Waiver
Attachment "B"
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Chateau Reserve Subdivision
Floodplain Encroachment Waiver
Attachment "C"
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Federal Emergency Management Agency
Wasmngton, D.C. 20472
September 18, 2007
THE HONORABLE S. SCOTT VANTIERGRIFT
MA. YOR, CITY OF OCOEE
150 NORTH LAKESHORE DRIVE
OCOEE, FL 34761
CASE NO.: 07-04-5240C
COMMU~1TY: CITY OF OCOEE, OR..Al\'GE COUNTY,
FLORIDA
COjyfMUN1TYNO.: 120185
DEAR MR. V ANTIERGRIFT:
This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine
if the property described in the enclosed document is located within an identified Special Flood
Hazard Area, the area that would be inundated by the flood having a I-percent ehance of being equaled
or exc:eeded in any given year (b~e flood), on the effective National Flood Insurance Program 0'lrIP)
map. " Using the information submitted and the effective NFIP map, our determination is shown on the
; attached Conditional Le.tte..r of.'Map ,Revision based on Fill (CLO.MR-F) Comment D0cument. 'T!);~
comment document provides additional information regarding the effective NFIP map, the legal
description of the property and OUI comments regarding this proposed project.
Additional documents are enclosed which provide information regarding the subject property and
CLOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed.
Other attachments specific to this request may be included as referenced in the
Determination/Comment document. If you have any questions about this letter or any of the
' enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA
MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower
Avenue, Suite 130, Alexandria, VA 22304-6439.
Sincerely,
U/d~ I(' M....z::; I?--
William R Blanton Jr., CFM, Chief
Engineering Management Section
Mitigation Directorate
LIST OF ENCLOSURES:
CLOMR-F C01vrMENT DOCUMENT
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ce: Mr. William C. Fogle
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" Fage 1 of 3 I /Date: September 18,2007 ICase No.: 07-04-S240C I CLOivl?-F
\I Federal Emergency Management Agency
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GONDrTIONAl:L:E]T-8R~O E::MAR'HEVIS/!C)N?:8ASE D;,()N~$lt:L
COMMENT DOCUMENT
COMMUNI1Y AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION
CITY OF OCOEE, ORANGE Lots 1 through 20, Chateau Reserve (Proposed), described as a
COUNTY, FLORIDA parcel of land in the Warranty Deed recorded as Instrument No.
COMMUNITY 20060006437, in Official Record Book 08403, Pages 3349 through
3352, in the Office of the County Comptroller, Orange County, Florida
COMMUNITY NO.: 120185
AFFECTED NUMBER: 12095C0220E
MAP PANEL
DATE: 1216/2000
FLOODING SOURCE: LOCAL FLOODING APPROXIMA TE LATITUDE & LONGITUDE OF PROPERTf: 28.543, -81,553
SOURCE OF LA T & LONG: PRECISION MAPPING STREETS 7.0 DATUM: NAD 83
COMMENT TABLE REGARDING THE PROPOSED PROPERlY (PLEASE NOTE THAT THIS IS NOT A FINAL DETERMINATION. A FINAL DETERMINATION VALL 9:
MADE UPON RECEIPT OF AS-BUILT INFORMATION REGARDING THIS PROPERTY.)
OUTCOME 1% ANNUAL LO\^/EST LOWEST
WHAT WOULD CHANCE ADJACENT LOT
LOT BLOCK! SUBDIVISION STREET BE REMOVED FLOOD FLOOD GRADE ELEVATION
SECTION FROM THE SFHA ZONE ELEVATION El~VATION (NGVD 29)
(NGVD 29) (NGVD 29)
1-20 - Chateau VVindermere Road Structure X - 126.0 feet -
Reserve (unshaded)
(Proposed)
Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being
eaualed or exceeded in any oiven year (base flood).
ADDITIONAL CONSIDERATIONS (Please refer to the aooropriate section on Attachment 1 for the additional considerations listed below.)
PORTIONS REMAIN IN THE SFHA ZONE A
CONDITIONAL LOMR-F DETERMINATION STUDY UNDERWAY
ANNEXATION
This document provides the Federal Emergency Management Agency's comment regarding a request for a Conditional letter of Map Revision
based on Fill for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP)
map, 'we have determined that the proposed structure(s) on the property(ies) would not be located in the SFHA, an area inundated by the flood
having a 1-percent chance of being equaled or exceeded in any given year (base flood) if buill as proposed: Our final determination will be
,,made upon receipt of a copy ,of this document, a~-built elevations, and a completed Community Acknowledgement form. Proper completion 01
this form certifies the subject property is reasonably safe from flooding in accordance with Part 65.5(a)(4) of our regulations. Further guidance
on determining if the subject property is reasonably safe from flooding may be found in FEMA Technical Builetin'1 0-01. A copy oi this bulletin
can be obtained by cailing the FEMA Map Assistance Center loll free at (877) 336-2627 (B77-FEMA ,'vIA?) or from our web site at
,http://www.fema.gov/miUtp1 00 1.pdf. This document is not a final determination; it only provides our comment on the proposed project in
relation to the SFHA shown on the effective NFIP map.
This comment document is based on the flood data presently available. The enclos'ed documents provide additional iniormation regarding this
request. If y,ou have any questions about this document, please contact the FEMA Map Assistance Center 101/ free at (877) 336.2527 (B77-FEMA
MAP) or by letter addressed to the Federal Emergency Management .A.gency, 3601 Eisenhower Avenue, Suite 130. Alexandria, VA 22304-6439.
1//~ I( ~ II-
Vvilliam R. Blanton Jr" CFM. Chief
Engineering Management Section
Mitigation Directorate
.,
Page 2 of 3 I
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/Date: September 18,2007 lease No.: Oi-04-5240C
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CLOMR-F
Federal Emergency Management Agency
Wa.shi..i1gton, D.C. 20472
CONDITIONAL LETTER OF MAP REVISION BASED ON FILL
COMMENT DOCUMENT
AITACHMENT 1 (ADDITIONAL CONSIDERATIONS)
PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the
preceding 1 Property.)
Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special
Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains
subject to Federal, State/Commonwealth, and local regulations for floodplain management.
CONDITIONAL LOMR-F DETERMINATION (This Additional Consideration applies to the
preeeding 1 Property.)
Comments regarding this conditional request are based on the flood data presently available.. 0 ur final
determination will be made upon receipt of this Comment Document, certified as-built elevations and/or certified
as-built survey. Since this request is for a Conditional Letter of Map Revision based on Fill, we will also require
the applicable processing fee, and the "Community Acknowledgement" form. Please note that additional items
may be required before a final as-built determination is issued.
This letter does not relieve Federal agencies of the need to comply with Executive Order 11988 on Floodplain
Management in carrying out their responsibilities and providing Federally undertaken, financed, or assisted
construction and improvements, or in their regulating or licensing activities.
ANNEXA TION (This Additional Consideration applies to the preceding 1 Property.)
Although the subject of this determination is shown on the National Flood Insurance Program map as being
located in a community other than the community indicated on the Determination/Comment Document, it has
been annexed by the community referenced therein.
ZONE A (This Additional Consideration applies to the preceding 1 Property.)
The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was
determined using the best flood hazard data available to FEMA, but without performing a detailed engineering
analysis, The flood elevation used to make this determination is based on approximate methods and has not
been formalized through the standard process for establishing base flood elevations published in the Flood
Insurance Study. This flood elevation is subject to change.
This attachment provides additional information regarding this request. If you have any questions about Ihis attachmenl. please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal emergency Management
Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439.
Zr/ ~ I( M-2;::, I?--
William R. Blanton Jr" CFM, Chief
Engineering ,I,lanagement Section
Mitigation Directorate
. .
Page 3 or 3
/Date: September 18,2007 Case No.: 07-04-5240C
CLOivIR-F
Federal Emergency Management Agency
Washington, D.C. 20472
CONDITIONAL LETTER OF MAP REVISION BASED ON FILL
COMMENT DOCUMENT
ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS)
STUDY UNDERWAY (This Additional Consideration applies to all properties in the CLOMR-F
COMMENT DOCUMEND ,
This determination is based on the flood data presently availabie. However, the Federal Emergency
Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community,
'New flood data could be generated that may affect this property. When the new NFIP map is issued it will
supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on
the newly revised NFIP map.
This attachment provides additional information regarding this request. If you have any questions about this attachment. please contact the
FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management
Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439, .
w.,4;.. /.) M
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'lVil/iam R. Blanlon Jr., CFM, Chief
Engineering Management Section
Mitigation Directorate
:r:IeJYl::lf 7
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Copy of Public Hearing Advertisement
Date Published
Oy lon(io
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Advertisement
CITY Of
NOTICE Of PUBLIC HEARING fOR U RESERVE ANNEXATION
CASE NUMBE 12-27
ORDINANCE NO, 2008-002
NonCE IS HEREBY GIVEN, pursuant to Subsection )-10 and 5-9
~M~~y.CI.IXR~~ ~c~ ,ijarfs ~~~~~a~~i~nCi't,de~'eJrt~~ ~~
ftractiCal. the OCOEE CITY'COMMISSIDN will hold 0 PUBLIC
NE,;'~I~GLg~~~hea:=.:tbr~te?c~~e~?~~~~~~n t~hc:'s~~~' I~~
annexation of one parcel generallY located on the east
side of Tomyn Blvd opproximatelv 255 feet south of
Patriots Point Drive. The pOrcel identification is 3ll-22.28.
??oo-00-057 and to consider the following ordinance:
CASE NO, AX-05-12.11: Ch.t.l. Rese..e Property
Comprehensive Plan.
Th~ c.omplete case file, including 0 complete legal de.
scnptlon by m~tes and bounds, may be inspected at the
Ocoee Community Development Deportment/Planning Di-
vision located at 150 North Lakeshore Drive, Ocoee. Flori-
da between the hours of 8:00 o,m, and 5:00 p.m.,'Mandoy
through Friday. except legal holidays, , '
The Citv Cammis~ian maY.continuethe public hearings to
other dotes and times, os It deems necessary, Any inter-
ested party shqll be. advised of the dotes, times, and ploc-
~s of any contmuotlon of these or continued public hear-
mg~ sholl be o~naunced during the hearing and no further
notICes .regardmg these matters will be published, You
or~ adVISed that any per.san who desires to appeal any de-
CISion mode at the publIC hearings will need 0 record of
the proceedings and for this purpose may need to ensure
1hat 0 verbatim record of the proceedings is mode which
Includes the testimony and evidence upOn which the OP-:
peal IS .bosed. f'ersons with disabilities needing assistance
to partICipate 10 any of these proceedings should contact
the City Clerk's Office 48 hours in advance of the meeting;
at 401-905.3105. I~
Beth 'Eikenberry, City Clerk
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3/6, 13, 2008
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If the applicant's request is approved, the annexation
would incorporate the property into the City of Ocaee.
Pursuant to Subsection 5-9 A. of the Land Development
Code. the Planning Director has determined that the reo
quested annexation is within the Ocoee.Orange County
Joint Planning Area (JPA); and is consistent with the
Ocoee-Oronge County JPA Land Use Mop and the Ocoee
Copy of Public Hearing Advertisement
Date Published
Oy lCLndo
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Advertisement
CITY OF OCOEE
NOllCE OF PUBUC HEARING FOR CHAltAU RESERVE ANNEXATION
. ~ffl:~tEE~~~oor ~
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NOTICE IS HEREBY GIVEN, Eu'rsuant to Subsection 1.10 and 5.9
%Ek~i8IXR8~ lic~ An~ ~~~~~o~~~nC~e%~~~~ ~~
practical, the OCOEE cm COMMISSION will'hold o'PUBUC
HEARING at the Cltv of ,Ocoee Commission Chambers, 150
North, Lokeshore. Drive, Ocoee, Florida, to consider the
annexation of one 'parcel generollV located on the east
side of Tomvn Blvd appraximatelv 255 feet south of
Patriots Point Drive, The parcel identification is 30-22.28.
??oo-00,057 and,to consider the following ,ordinance:
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If the' applicant's requesl Is approved, the annexation
would incorporate the propertv into the Cltv' of Ocoee.
Pursuant to Subsection 5.9 A. of the Land Develapment
Cade! the Planning Directar has determined that the re-
~~r~t e~I~~~i~a~~~a\)"~1('i~ d~3 ~c~~~;?s'i~~?ewrt~u~~~
Ocoee.Orange Countv JPA Land Use Map and the Ocoee
Comprehensive Plan.
The complete 'cCiSe" liie. including a complete iegal de.
scription bv metes and bounds. mav be inspected at the'
Ocoee Community Development Department/Planning Di. \ '
vision located at 150 North Lakeshore Drive. OCoee, Flori.
~~~etween the hours of 8:00 a.m. .and 5:,00 p,m." ~anda~
through Frldav, excepl legal halldavs.
The Citv Commission mav cantinue the public hearings io
other dates and times. as it deems necessary: Anv inter.
ested partv shall be advised of the dates, times. and plac.
es of anv continuation of these or canllnued publiC hear.
ings shall be announced during the hearing and no further
notices regarding these matters will be published. .vou
are advised that anv,person who desires to appeal anv de.
cision made at the public hearings wilt need a record of
the proceedings and for this purpose mav need to ensure
that a verbatim record of the proceedings is made which
includes the testimonv and evidence upan which the ai>'
peal is based. Persons with disabilities needing assistance
l~:gr~c~~~t,~n d'~I~eo~~~s,:'rfr~c~~b~~~ ~~~~ ~~lf;~
at 4OH05-3105.
Beth Eikenberry, City Clerk
OLS648300
316. 13, 2008