Item #10 Fountains at Highland Park
(enter of GOOd l.1
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AGENDA ITEM STAFF REPORT
Meeting Date: November 18, 2008
Item # i 0
Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: Fountains at Highland Park
PUD Land Use Plan / Rezoning - Project # RZ-08-09-07
Preliminary Subdivision/Site Plan - Project # LS-2007 -023
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Land Use Plan/PUD Rezoning
Ordinance and Preliminary Subdivision/Site Plan for Fountains at Highland Park?
BACKGROUND SUMMARY:
The subject site is approximately 12.34 acres in size and is located on the north side of Tomyn Boulevard
and south of the Florida Turnpike approximately 2,000 feet west of Maguire Road (Physical Address 11311
Tomyn Boulevard). The subject property is currently undeveloped and is covered with a small variety of
trees, of which a majority consists of planted pine trees,
Adjacent to the north is the Florida Turnpike. The land use across the Florida Turnpike is undeveloped and
vacant zoned "General Commercial" C-3. Adjacent to the west is a water retention pond owned by the
Florida Turnpike Authority in unincorporated Orange County. To the east is a large vacant commercial
property (planned to be "Diplomat Tower", a large-scale office building) zoned C-3, Finally, located to the
south across Tomyn Boulevard is a single-family residential (Brookestone) subdivision zoned R-1A.
The property is currently zoned General Commercial (C-3). The Applicant/Owner is requesting a PUD
zoning in order to accommodate for the mixed-use development. The Future Land Use designation for the
site is "Commercial" which allows for a Floor Area Ratio of 3.0. The surrounding future land use is
"Commercial" and to the south across Tomyn Boulevard is "Low Density Residential."
DISCUSSION:
The proposed Fountains at Highland Park is a mixed-use development consisting of professional office,
medical office, and accessory retail and restaurant. This mixed-use office park will also include amenities
for the users including a feature pond, walkways surrounding the property and benches located at each
building consistent with the city requirements. Each lot will be sold as fee simple with a mandatory
Property Owners Association. Therefore, owners of each building will be responsible for maintenance of
the infrastructure and amenities. The total project will be developed in two phases, The Preliminary
Subdivision Plan proposes seventeen (17) commercial lots, which are sized to fit the proposed building
structures with the exception of Lot 17. All of the lots will be serviced by common tracts (Tracts "A," "B" and
"C"), These tracts of land will address the need for the requisite infrastructure (access, parking, sidewalks,
landscaping, etc.) improvements.
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The Preliminary Site Plan proposes 16 development schemes with one lot (Lot 17) earmarked for future
development. The allocation for the total square footage proposed is: 71,200 square feet of Office space,
38,000 square feet of Medical Office, and 5,700 square feet of either Retail or Restaurant space. Lot 17 will
ultimately require a Preliminary/Final Site Plan for future development. Lot 17 is planned to be developed
consistent with the C-3 zoning standards. The Applicant proposed five (5) development possibilities. The
breakdown for total square footage for each possible scenario for Lot 17 is: Day Care 12,800 square feet or
General Office 22,938 square feet or Medical Office 10,534 square feet or Specialty Retail 14,016 square
feet or a Sit-Down Restaurant of 4,608 square feet.
The major off-site improvements for the project include an eastbound left-turn lane and a westbound right
turn-lane for traffic entering the site on Tomyn Boulevard. The right turn lane was not required by the traffic
study. This was added by the developer to ease entrance access, Water, sanitary sewer, reclaimed water,
solid waste and police & fire protection will all be provided by the City.
To accommodate this development and reduce the number of billboards on the Turnpike the developer has
agreed to replace two (2) existing billboards with one (1) LED billboard. This is a coordinated effort
between Clear Channel Communications, the developer and the city. The developer intends to use the
new billboard in conjunction with the city if necessary. Accordingly, this will be addressed and presented to
the City Commission for their formal consideration and action via a Development Agreement. Furthermore,
the vacation of Tomyn Road must be approved by the City Commission prior to any formal action by the
City Commission on this project.
All of the waivers with the exception to the height waiver are requested due to the lots being designed for
single site structures. Access, parking, sidewalks, and landscaping for the lots are provided via separate
tracts of land. All of the waivers requested are from Article V of the Land Development Code. This section
of the Land Development Code sets minimum standards for lot size, lot width, building setbacks, building
coverage and impervious surface ratios. Justification to allow the City Commission to grant waivers from
the Land Development Code is determinate upon the project demonstrating an offsetting public benefit
which is technically sound and measurable, As justification of the waiver request, the applicant has agreed
to enhance the landscaping along Tomyn Boulevard, enhance the entrance, water features, and removal of
existing billboards per Development Agreement.
The height waiver that is requested is based upon Article V of the Land Development Code, This section of
the Land Development Code requires a maximum building height of 45 feet for the current zoning of C-3.
The applicant is requesting a maximum building height of 55 feet as part of the rezoning to PUD, As
justification of the waiver request, the applicant has agreed to enhance the landscaping along Tomyn
Boulevard, enhance the entrance, water features, and removal of existing billboards per Development
Agreement.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on October 1, 2008 and reviewed the Rezoning/PUD
Land Use Plan and Preliminary Subdivision/Site Plan for Fountains at Highland Park. There were minor
technical issues to be addressed from the Planning Division and the Engineering Department that were
identified in written staff comments and presented verbally. All of the changes were discussed and agreed
upon by the applicant. The Applicant and the City Attorney felt confident that the Development Agreement
will be completely finalized and executed by the applicant for presentation to the City Commission,
When the discussion was finished, the DRC voted unanimously to recommend approval of the
Rezoning/PUD Land Use Plan and Preliminary Subdivision/Site Plan, subject to incorporating the final
revisions in the plans prior to the Planning and Zoning meeting.
The Fountains at Highland Park PUO Land Use Plan and Preliminary Subdivision/Site Plans (date stamped
October 2, 2008) incorporates the ORe's requested changes.
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PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Fountains at Highland Park Rezoning/PUD
Land Use Plan and Preliminary Subdivision/Site Plan on October 2, 2008. City Staff presented a brief
overview of the project. City Staff and the Applicant answered several questions regarding requested
waivers, tree preservation plan, and landscaping plan, All of these questions were addressed adequately in
the P&Z meeting.
When the Public Hearing was opened for Fountains at Highland Park Rezoning/PUD Land Use Plan and
Preliminary Subdivision Plan/Site Plan, there were two citizens to speak regarding this project. Fred Bennett,
513 Belhaven Falls Drive, and Kelli Brown, 395 Belhaven Falls Drive, both spoke in opposition of the project.
Ms. Brown stated she did not receive the notice. Staff informed her that the Code only requires sending
notices to those within 300 feet of the development and her home may not have fallen within those
boundaries. Mr. Bennett inquired about how the construction is going to affect them as far as sound and
privacy.
Mr. Evans (engineer of record) briefly explained the construction is required to follow the guidelines of the
City, He further stated that there will be noise but with the background sound in that area it should not be
any louder then what they hear now. Ms. Brown expressed her concern that with all the development being
done on the Maguire Corridor, many retails spaces are still vacant. Mr. Bennett inquired as to what would
happen to all the pine trees in that area, Mr. Evans stated that the plan is to clear all the trees on the exterior
perimeter and add new trees, landscaping, and a tree wall all along the front of the property. Discussion
ensued regarding the levels of the building, lighting, and security issues,
Mr. Bennett inquired if the letter he received would be the only letter sent out regarding this project. Staff
stated that the project has two public hearing dates and that the letter he received does inform him of both
dates, In addition, Staff stated that they have other public notices such as advertising in the local
newspaper and posting of the property.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Fountains at Highland Park Rezoning/PUD Land Use Plan and Preliminary Subdivision
Plan as date stamped received by the City on October 2, 2008.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Fountains at Highland Park Land Use Plan/PUD Rezoning
Ordinance and Preliminary Subdivision Plan date stamped received by the City on October 2, 2008, subject
to the City Commission approving the Tomyn Road vacation request.
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Location Map;
PUD Zoning Ordinance;
PUD Land Use Plan and Preliminary Subdivision/Site Plan for Fountains at Highland Park date stamped October 2, 2008.
Financial Impact:
None.
Type of Item: (please mark with an "x'J
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat 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
.
Fountains at Highland Park
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ORDINANCE NO.
(Rezoning Ordinance for Fountains at Highland Park)
TAX PARCEL ill #s 30-22-28-0000-00-014;
CASE NO. RZ- _-_-_: Fountains at Highland Park
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE C-3, "GENERAL
COMMERCIAL" TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT"
ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY
12.34 ACRES LOCATED SOUTH OF AND ADJACENT TO THE
FLORIDA TURNPIKE AND APPROXIMA TEL Y 1200 FEET WEST OF
MAGUIRE ROAD; 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 contammg
approximately 12.34 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee C-3, "General Commercial" to Ocoee PUD,
"Planned Unit Development;" 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, the Rezoning requested by the Applicant is consistent with the Joint
Planning Area Agreement entered into February 11, 1994 by and between Orange County and
the City ofOcoee, as amended (the "JPA Agreement"); and
WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City
has the authority to establish zoning for the real property hereinafter described and to exercise
municipal jurisdiction over said real property for the purposes of Part II of Chapter 163, Florida
Statutes; and
ORLA_1130574.1
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WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
.
WHEREAS, on October 14, 2008, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on , 2008 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(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 12.34 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee C-3,
"General Commercial" to Ocoee POD, "Planned Unit Development."
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 fmds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JP A Agreement.
SECTION 5. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City ofOcoee 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.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
2
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ORLA_1130574.1
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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
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 , 2008
READ FIRST TIME , 2008.
READ SECOND TIME AND ADOPTED
, 2008 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
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ORLA_1130574.1
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EXHIBIT "A"
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[Insert Legal Description]
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ORLA_1130574.1
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EXHIBIT "B"
[Insert Map of Rezoned Area]
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ORLA_1130574.1
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THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Nicholas N. Palmer, Esq.
FOLEY & LARDNER LLP
111 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) 656-2322
For Recording Purposes Only
DEVELOPMENT AGREEMENT
(Fountains at Hie:hland Park)
THIS DEVELOPMENT AGREEMENT (this" Agreement") is made and entered into
as of , 2008 by and between DEMPSEY BOYD, whose mailing
address is 3275 Highway 30, Clayton, Alabama, 36016, (the "Owner"), and the CITY OF
OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore
Drive, Ocoee, Florida 34761, (the "City").
W I T N E .s .s E T H:
WHEREAS, the Owner owns fee simple title to certain lands located in Orange
County, Florida, and within the corporate limits of the City of Ocoee, Florida, said lands
being more particularly described in Exhibit" A" attached hereto and by this reference made a
part hereof (the "Property"); and
WHEREAS, pursuant to the petition of the Owner, on , 2008 the
Ocoee City Commission approved Ordinance No. (the "PUD Ordinance"),
rezoning the Property as "PUD" under the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4-5A(5) of Article IV of the Ocoee Land
Development Code requires that the Owner and the City enter into a development agreement
incorporating all plans and conditions of approval by reference; and
WHEREAS, the Owner and the City desire to execute this Agreement in order to fully
comply with the provisions of the Ocoee Land Development Code.
ORLA_1130918,2
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NOW, THEREFORE, in consideration of the premises and other good and valuable .
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference.
Section 2. Development of the Property.
A. The Owner hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan and Preliminary Subdivision Plan/Preliminary Site Plan for the
Fountains at Fountains at Highland Park, prepared by Evans Engineering, Inc., date stamped
as received by the City on , 2008, 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 "Land Use Plan"). The Land Use Plan is hereby incorporated by
reference as if fully set forth herein.
B. The Owner 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 Owner
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.
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C. Except as otherwise expressly set forth in this Agreement and the Land Use
Plan it is agreed that (1) the Owner 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 3. Waivers from the Ocoee Land Development Code. As part of the
approval of the Land Use Plan, the Owner has been granted waivers from the requirements of
the Ocoee Land Development Code, said waivers being set forth in Exhibit "C" attached
hereto and by this reference made a part hereof.
Section 4. Permitted Uses: Prohibited Uses. As a material inducement to the
agreement of the City to rezone the Property, the Owner agrees that the Property will be
developed in accordance with those uses permitted in Table 5-1 of the City of Ocoee Land
Development Code as specified in the "C-3", General Commercial District, except for the
following uses which are expressly prohibited on the Property: adult entertainment
establishment; automotive body repair; automobile parking lot; automobile repair; automobile
sales (new and used); automobile service station; automotive wrecking or salvage yards; bus .
terminal; equipment sales; furniture repair and upholstery; heating and air conditioning sales and
ORLA_1130918,2
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service with outside storage; heating, ventilating, and/or plumbing supplies, sales and service;
hospital; miniature golf course/driving range; mobile home and travel trailer sales; monument
sales; motor vehicle wholesale; movie theater; pawn shop; pre-fabricated house sales; printing,
book binding, lithograph and publishing plants; recreational vehicle park; sign painting shop;
and, golf course/country club. In addition to those uses listed in Table 5-1 under C-3 zoning up
to twelve thousand eight hundred (12,800) square feet of daycare shall be permitted by right on
that portion of the Property designated as the Lot 17 on the Land Use Plan. Veterinary clinic /
hospital uses shall require special exception approval by the City to ensure compatibility with
surrounding uses.
Section 5. Off-Site Transportation Mitieation.
A. The Owner has submitted to the City a Traffic Impact Analysis for The
Fountains at Highland Park, prepared by Traffic Planning and Design, Inc., dated August _,
2008 (the "Traffic Study"). The Traffic Study is premised upon the Property being developed
with 12,800 square feet of daycare, 71,200 square feet of general office space, 38,000 square feet
of medical office space and 5,700 square feet of retail (the "Owner's Proposed Development").
Based on the analysis set forth in the Traffic Study, upon buildout of Owner's Proposed
Development the Property shall generate 2,378 new external daily trips and 354 new external PM
peak hour trips. Based on this analysis, certain impacted roadway segments and intersections
will not meet their adopted Level of Service by the year 2012 (the "Roadway Deficiencies"). In
order to address the Roadway Deficiencies, the Owner agrees, at the Owner's expense, to
implement a strategy as set forth in Section 5(B) below to accommodate or mitigate the
additional traffic created by the Owner's Proposed Development.
B. In order to comply with the requirements of Article IX of the City's Land
Development Code entitled Concurrency and as a material inducement to the City to approve
the Final Plan and thereafter issue a Final Certificate of Concurrency for the development of
the Property, the Owner hereby agrees to the City the sum of TWO HUNDRED
THOUSAND AND NO/lOO DOLLARS ($200,000.00) (the "Traffic Mitigation Payment").
The Traffic Mitigation Payment will be used by the City exclusively for the payment of
construction costs associated with the payment of costs associated with the construction of a
project known as "Maguire Road Phase 5." A proportionate share of the Traffic Mitigation
Payment shall be paid by the Owner or his assigns each time application is made for a building
permit for the construction of a building on the Property. Specifically, in addition to all other
fees due and payable at the time a building permit is issued, Owner or his assigns shall pay a
pro-rata share of the Traffic Mitigation Payment equal to One Dollar and Fifty Seven Cents
($1.57) for each square foot of such building regardless of the intended use of such building.
Notwithstanding the foregoing, any unpaid balance of the Traffic Mitigation Payment shall be
due and payable by the Owner to the City on the date that is three (3) years from the Effective
Date and the Owner hereby grants the City the right to place a lien against any and all portions
of the Property for which a pro-rata share of the Traffic Mitigation Payment has not yet been
paid at that time in order to secure payment of the balance then due.
C. Neither the Owner nor any other person or entity shall be entitled to any
road impact fee credits or other compensation of any kind for, on account of, or with respect
ORLA_1130918.2
-3-
to the Traffic Mitigation Payment set forth above and the Owner's compliance with the .
requirements of this section.
D. The parties hereto recognize that the Owner's Proposed Development of the
Property has been determined to meet the City's requirements for transportation concurrency
based upon the transportation mitigation plan set forth above and that a more intense
development of the Property than that assumed by the Traffic Study could adversely affect the
transportation concurrency review undertaken by the City and subject the Property to further
transportation concurrency review and require an updated traffic study.
Section 6. Development Limitation Based on Transportation Impact.
Notwithstanding any provision contained herein to the contrary, the Property shall not be
developed in such a manner so as to generate more than a total of two thousand three hundred
seventy-eight (2,378) net new trips calculated on the basis of the latest edition ofthe ITE Manual
and the City's Transportation Impact Fee Update as referenced in Section 87-2 of the Ocoee City
Code, such calculation to be made each time an application is made for the construction of a
building within the Property.
Section 7. Sanitary Sewer Requirements. It appears from preliminary modeling
performed by the City's wastewater consultant, Reiss Engineering, Inc., that existing
wastewater facilities provide adequate transmission and treatment capacity for Phase 1 of
Owner's Proposed Development, but that there may be a deficiency in transmission capacity
upon development of Phase 2. The parties agree that it is necessary to field verify the
assumptions used in Reiss Engineering's modeling to determine whether it is reasonably .
accurate. Owner agrees to reimburse the City up to TWELVE THOUSAND AND NO/I00
DOLLARS ($12,000.00) for field verification, necessary follow-up modeling, and preparation
of a memorandum as hereafter set forth. City shall direct Reiss Engineering to perform these
services as soon as possible after execution of this Agreement. In the event that the field
verification and follow-up modeling demonstrates that improvements will need to be made as a
result of Phase 2 of Owner's Proposed Development, Reiss will be instructed to include in its
memorandum to the City its professional opinion as to what improvements need to be made,
how much additional transmission capacity such improvements will generate, and what
property may be served in the future along with Owner's Phase 2 by such increased capacity.
If the Reiss' memorandum concludes that there will be a deficiency in capacity the City and
Owner shall promptly meet in good faith to negotiate a separate wastewater capacity
enhancement agreement, or similar agreement, to resolve the deficiency so that the Owner may
proceed with Phase 2 of the Owner's Proposed Development.
Section 8. Billboards. There are two legally existing, multi-pole billboards currently
located on the Property. Pursuant to Section 70.20, Fla. Stat., the City may not require the
removal of these billboards as a condition of development approval. In recognition of the
City's desire to reduce the number of billboards within the City, and as partial consideration
for this Agreement, Owner hereby agrees to remove these two billboards and replace them
with a single, monopole billboard with an LED (light emitting diode) or similar technology
sign face (the "New Billboard"). The westernmost billboard shall be removed upon .
ORLA_1130918.2
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.
.
.
commencement of construction of Phase 1 of the approved Land Use Plan. The easternmost
billboard shall be removed prior to, or simultaneously with, the construction of the New
Billboard, which may occur at any time up to five (5) years after the Effective Date of this
Agreement. If, through no fault of the City, Owner has not commenced construction of the
New Billboard within 5 years of the Effective Date of this Agreement, then Owner shall forfeit
its right to the New Billboard. Owner shall indemnify and hold City harmless against any
claim from the outdoor advertising company that owns the existing billboards. The New
Billboard shall comply with the representations and standards set forth in that certain letter
dated , 2008, from , to the City of Ocoee (the "Billboard
Specifications Letter"), a copy of which is attached hereto as Exhibit "D" and by this
reference made a part hereof. In addition, construction of the New Billboard shall be subject
to normal state sign permitting requirements and shall also be subject to applicable site plan
and building requirements. The City shall not unreasonably withhold any city required
approval for the New Billboard. The parties agree that the provisions contained herein
constitute a "relocation and reconstruction agreement" pursuant to Section 70.20(1), Florida
Statutes.
Section 9. Notice. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) when (1) 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 appearing on the first page of this Agreement,
or such other person or address as the party shall have specified by written notice to the other
party delivered in accordance herewith.
Section 10. Covenant Running with the Land. This Agreement shall run with the
Property and inure to and be for the benefit of the parties hereto and their respective
successors and assigns and any person, firm, corporation, or entity who may become the
successor in interest to the Property or any portion thereof.
Section 11. Recordation of Agreement. The parties hereto agree that an executed
original of this Agreement shall be recorded by the City, at the Owner's expense, in the Public
Records of Orange County, Florida. The City will, from time to time upon request of the
Owner, execute and deliver letters affirming the status of this Agreement.
Section 12. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 13. Time of the Essence. Time is hereby declared of the essence to the
lawful performance of the duties and obligations contained in this Agreement.
Section 14. Agreement: 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 of this Agreement shall be made by the parties only in writing by formal
amendment.
ORLA_1130918.2
-5-
Section 15. 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 16. Specific Perfonnance. Both the City and the Owner shall have the
right to enforce the terms and conditions of this Agreement by an action for specific
performance.
Section 17. Attorneys' 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 I fees, legal assistants I fees and
costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy
proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment.
Section 18. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 19. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be
held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the .
provisions of this Agreement.
Section 20. Severability. If any sentence, phrase, paragraph, provision, or portion
of this Agreement is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereof.
Section 21. Effective Date. This Agreement shall first be executed by the Owner
and submitted to the City for approval by the Ocoee City Commission. Upon approval by the
Ocoee City Commission, this Agreement shall be executed by the City. The Effective Date of
this Agreement shall be the date of execution by the City.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW
.
ORLA_1130918.2
-6-
.
.
.
IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be
executed by their duly authorized officers as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
OWNER:
Print Name
Dempsey Boyd
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 DEMPSEY BOYD,
who [_l is personally known to me or [_l produced
as identification, and that s/he acknowledged executing the same in the presence of two
subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid this _
day of , 2008.
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_1130918.2
-7-
Signed, sealed and delivered in the
presence of:
CITY:
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 ,2008.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON
, 2008
UNDER AGENDA ITEM NO.
FOLEY & LARDNER LLP
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared S. SCOTT
VANDERGRIFT and 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 , 2008.
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_1130918.2
-8-
.
.
.
.
EXHIBIT "A"
(The "Property")
.
.
ORLA_1130918,2
-9-
ORLA_1130918.2
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. This project shall be developed in two (2) phases.
3. Each phase of the project will stand on its own with respect to public services (sewer,
water, stormwater management, access and other related services).
4. Except as specifically noted on this Plan, development of this property shall be
consistent with the requirements of the City of Ocoee Code.
5. 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 or explicitly set out on
the Plan.
6.
This project shall comply with, adhere to, and not deviate from or otherwise conflict
with any verbal or written promise or representation made by the Owner/Applicant (or
authorized agent thereof) to the City Commission at any public hearing where this
project was considered for approval, where such promise or representation, whether
oral or written, was relied upon by the City Commission in approving the project,
could have reasonably been expected to have been relied upon by the City Commission
in approving the project, or could have reasonably induced or otherwise influenced the
City Commission to approve the project. For purposes of this Condition of Approval,
a "promise" or "representation" shall be deemed to have been made to the City
Commission by the Owner/Applicant (or authorized agent thereof) if it was expressly
made to the City Commission at a public hearing where the project was considered for
approval.
.
7. Any damage caused to any public streets as a result of the construction activities related
to the project shall be promptly repaired by the Owner to the applicable governmental
standards at the Owner's sole cost and expense.
8. There shall be no access from the property to any public streets except at the approved
locations shown on the approved Final Subdivision Plan.
9.
All building pad elevations will exceed the lOO-year flood elevation by a minimum of
two (2) feet.
.
-10-
.
.
.
10.
The Developer is to protect and prevent any disturbance, siltation, or other
construction within the wetland areas inside the IOO-year flood elevation. Those areas
are to be roped off during construction and silt fences installed to eliminate any
possibility of disturbance in those areas during construction.
11. The Developer shall comply with all requirements of the City and other governmental
entities with jurisdiction to protect the wetlands being preserved and to prevent any
disturbance, siltation, or other construction below the natural wetland lines. Further,
the areas below the natural wetland lines shall be fenced off (and silt fences shall be
installed) during construction activities immediately adjacent to the wetlands, in order
to minimize disturbances of the wetlands during construction.
12. Wetland and existing surface water impact for this property is regulated by St. Johns
River Water Management District ("SJRWMD") and the Florida Department of
Environmental Protection ("FDEP"). General or Individual permits are required from
these agencies prior to commencement of construction.
13. All existing structures (including buildings, power lines, eXIstmg aerial and utility
facilities, but exempting billboards which shall be controlled by Section 8 of the
Agreement) will be removed and/or terminated prior to or during construction of the
development replacing those uses.
14.
Existing trees 8' or larger (other than citrus trees or 'trash' trees) located along
proposed locations of buffer walls or road right-of-way lines will be preserved if at all
possible, the buffer walls and roads will be designed around those trees to incorporate
them into required landscape buffers and as street trees.
15. 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.
16. 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 a building permit is issued for that lot, to
determine whether or not each tree needs to be removed.
17. In order to insure that as many existing trees as possible will be preserved, all road
rights-of-way 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.
18.
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
ORLA_1130918.2
-11-
granted to remove a tree if the Developer has failed to take reasonable measures to .
preserve the trees on site.
19. The Final Grading Plan will preserve existing grades on individual lots containing
protected trees as much as possible.
20. All cross access, utility and/or drainage easements shall be provided prior to or at the
time of platting.
21. All utilities including electrical, cable, TV, and telephone and including on-site existing
overhead wires shall be placed underground.
22. 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 authorities
for law enforcement, fire and other emergency services. The City may require that the
owner execute an easement in recordable form with respect to the foregoing.
23.
The Developer shall construct appropriate curb cuts to enable access ramps at all
rights-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 at certain
comer locations, the sidewalks will be extended to the curb and the appropriate ramps
will then be constructed. The Owner will be responsible for the continued maintenance
of all streets and sidewalks in accordance will all ADA requirements that may now or
hereinafter be applicable to the project.
.
24. Parking shall be provided in accordance with the City of Ocoee Land Development
Code.
25. To the extent any lift stations are required on the property they will be conveyed to the
City at the time of platting. All such lift stations shall be fenced with black, vinyl
chain-link fence, with posts and rails painted black, and shall be set back no less than
25' from any street. Such lift stations shall also be screened with hedge-type shrubbery,
such as viburnum or ligustrum. Lift stations shall not be deemed buildings for the
purpose of assessing or collecting a pro rata share of the Traffic Mitigation Payment
pursuant to Section 5 of the Agreement.
26. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker
shall be affixed to the street in the center of the lane closest to each hydrant.
27. All landscape areas will be irrigated and have automatic rain sensors.
28. Reclaimed water will be used for irrigation purposes, if available.
.
ORLA_1130918.2
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.
.
.
29.
The Developer shall be responsible for installing reuse lines along with the other
project infrastructure. At such time as reuse water is available to the property, the
Owner of each Lot shall be responsible for connection to the reuse system lines.
30. One or more property owners associations (the "Association") will be created for
maintenance and management of all common areas, unless otherwise noted. All tracts
owned by the City shall be exempt from assessments by, or participation in, the
Association unless otherwise agreed to by the City. Notwithstanding the foregoing, the
City on its own may elect to participate on the Board for the Association formed and/or
retain voting rights for tracts owned by the City.
31. 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.
32. All common area improvements including entry features, walls, landscaping and
sidewalks along all roads, as well as landscaping around the retention pond tracts and
lift station tracts shall be completed prior to issuance of the Certificate of Completion
for those corresponding phases.
33. The stormwater system, including all pipes, inlets, manholes and structures, together
with Tract A (retention pond), will be owned, operated and maintained by the
Association.
34.
All stormwater management ponds will be unfenced with maximum 5: 1 side slopes into
the pond.
35. Unless otherwise noted, a 5' utility and drainage easement will be platted along all side
lot lines and a 10' utility, drainage and sidewalk easement will be platted adjacent to all
street rights-of-way. Sidewalks will only be placed in this easement if necessary to run
them around existing protected trees to be preserved.
36. All utilities to be placed within the 10' easement adjacent to all street rights-of-way will
be placed around existing protected trees to be preserved.
37. All drainage, utility and maintenance easements shall be for the benefit of the property
owners association or other designated maintenance entities. The drainage and utility
easements shall be dedicated to the perpetual use of the public at the time of platting.
38. Drainage easements between lots are shown for location only. Final easement
dimensions will be shown on the Final Subdivision Plan and will be sized to meet City
requirements.
39.
An emergency access easement to the retention ponds and over all drainage easements
shown hereon shall be dedicated to the City for emergency maintenance purposes at the
time of platting. The emergency access easement will not impose any obligation,
ORLA_1130918.2
-13-
burden, responsibility or liability upon the City, to enter upon any property it does not .
own or take any action to repair or maintain the drainage system on the property.
40. Notwithstanding the conveyance of the storm water retention ponds to the property
owners association, or any provision to the contrary contained in these conditions of
approval, the Developer shall remain responsible for the maintenance of the project's
master stormwater management system ("SWMS"), including all master stormwater
retention ponds, until such time as: (i) the SWMS for the project is constructed and
appropriate certificates of completion issued by both the City and the SJRWMD, (ii)
the master stormwater retention ponds intended to be conveyed to the Association have
in fact been conveyed to the Association, (iii) the Association is designated as the
maintenance entity on the records of the SJRWMD and all transfer records required by
SJRWMD have been executed and accepted by SJRWMD, (iv) the City has been
provided with a copy of the Developer's proposed maintenance plan with respect to the
SWMS, and (v) the City has been provided with a written statement from 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.
41. All Declaration of Covenants and Restrictions affecting the property shall include the
following provisions:
A.
Provision allowing the City to levy, collect, enforce assessments for
maintenance of common areas if the Association fails to do so or fails to
maintain assessments at a level allowing for adequate maintenance.
.
B. Provision granting the City the right, but not the obligation, to maintain/repair
the SWMS and obtain reimbursement from the Association, or from the
Developer if (i) turnover of control to the members has not occurred, or (ii) if
the Developer is still responsible for maintenance of the SWMS.
C. Provision providing that the SWMS will be transferred to a responsible
operation/maintenance entity acceptable to the City in the event of dissolution
and that if dissolution occurs without such approval then the City may continue
to levy and collect assessments and impose liens with respect thereto
notwithstanding the dissolution of the Association.
D. Provision that the Association shall at all times be in good standing with the
Florida Secretary of State.
E.
Provision that at the time of turnover of control of the Association to the
members, the Declarant shall deliver to the new Board of Directors the
maintenance plan for the SWMS accompanied by an engineer's certification that
the SWMS is functioning in accordance with all approved plans and permits.
To the extent that any such engineer's report indicates any corrective action is
required the Declarant shall be required to diligently undertake such corrective
.
ORLA_1130918.2
-14-
.
.
.
action at the Declarant's expense and to post a cash bond with the Association
for the estimated costs of such corrective action.
F.
Provision that no property owned by the City or any other governmental entity
shall be subject to assessments levied by the Association.
G.
Provision that any amendment to any provision affecting the City requires the
consent of the City in an instrument recorded with the amendment.
The Articles of Incorporation and Bylaws of the Association shall be consistent with
the foregoing provisions.
42. The Final Subdivision Plan for the property shall include Master Architectural,
Signage, Lighting and Landscape Package Plans, which will be subject to the review
and approval by the City. All Lot uses shall conform to the Master Architectural,
Signage, Lighting and Landscape Package Plans.
43. All cross access, utility and drainage easements shall be provided prior to or at the time
of platting.
44.
All legal instruments, including but not limited to articles of incorporation, bylaws, and
declaration of covenants and restrictions for the Association, deeds in favor of the
Association or the City, and easement documents shall be provided to the City for
review and approval prior to or at the time of platting all or a portion of the property.
45. All tracts to be conveyed to the City will be conveyed by Warranty Deed at the time of
platting, unless otherwise noted. Notwithstanding the conveyance of any tract to the
City, until such time as any improvements contemplated for said tract are commenced,
the Developer shall be responsible for the maintenance of the tract.
46. Pursuant to Section 4-4(G)(7) of the Ocoee Land Development Code, all subdivision
signage must be consistent with the legally assigned name of the subdivision. Any
subsequent change to the name of the subdivision must be approved by the City
Commission.
ORLA_1130918.2
-15-
EXHIBIT "C"
(Waivers)
.
.
.
ORLA_1130918,2
-16-
.
EXHIBIT "D"
(The Billboard Specifications Letter)
{See attached sheetl
.
.
ORLA_1130918.2
-17-
'"'..:/'6 - 0 '1 2.-
Copy of Public Hearing Advertisement
Date Published
-Th~ f f\!cftVYt Ixv ~ I~'O b
OV'l~c <;eM.+l Y\-0t ~ 1...
Advertisement
CITY
NDTlC F
TO
AT
PREUMIN
& PREU
, LS.200Hl23
NOTICE IS HEREBY GIVEN. pur-
suant to Section 4.3 A. (3)
,(b) and Section 4-4 G(1)(cl
2 'Ocoee Land Develapmenl
Code, that on Tuesdoy, No-
vember 18, 2008, at 1:15' p.m. or
~~I~~e t~rDeE~ft~ITvasc8M'I.\'l~:
SIDN will hold 0 PU~L1C HEAR.
ING at the Ocoee City Com-
mission Chambers, ,150
,North Lakeshore Drive.
Oeoee. Florida, to consider
the Fountains at Highlgnp
Park Preliminarv Su\>dIVI'
sion Plan & Preliminary
Site Plan. iocated on the
north side of Tomyn Boul~-
vard and south 01 the Flon-
do Turnpike appraximat~IY
1.200 feet we~t 01 MagUire
Road (physical Address
11311 Tomy n Boulevard),
The subject p(opertv con-
sists of appraxlmately.12.34
~cres and is proposed to be
subdivided into 11.c9mm~r-
ciallats Theparcelldentlfi-
cation number is 30.22-~6-
??oo-00-014, .'
The complete case file, in.
eluding a complete legal de
scription bY metes ane
bounds, ,!,~~~be insoe~'l'
",',
---.:...- .
_~~:: ~i:..~.
~ .-1'--'
,t
~tJ.r
at the Ocoee -Planning De.
partment, 150 North Lake-
shore Drive. Ocoee. Fiori.
do. between the hours of
8:00 a.m. and 5:QD p,m..
Monday thrau~h Friday. ex-
cep!. leg".l holldavs. '
The City Commission may
continue the publiC hearings
to other dates and times! .as
it deems necessary. Anv m-
terested party shall be ad-
vised that the dates, times.
and places of any continua-
tion of these or continued
public hearin~s shall be an-
nounced dunng the hear-
Ings and that no turther no-
l~~~s ;iyt~~d~~tll~~:a,mat-
Aiw person wishing to ap-
i~~lt~~yp~~W~i~~a~i~~~ ~f1i
need a record of the pro-
ceedings and for this pur-
pose may need to ensure
that a verbatim record' 01
tM proceedings is"made
which includes. the testimo-
ny and evidence upon which
the appeal is based. Per-
sons with disabilities need-
ing assistance to participote
in anv 01 the proceedings
should contact the City
Clerk's Office 46 hours in
advance of the meeting at
(401) 905-3105.
Beth Eikenberry.
. City Clerk
OLS67333D '11/6
Copy of Public Hearing Advertisement
Date Published
F2 Orlanrl~ r
~
THURSDAY, NOVEMBER 6, 2008
] CITY OF
. .......,
T
R
P
CASE NU RZ-OIl-09-D1
,NOTICE IS HEREBY GIVEN. pursu-
jan.! to Section 5.9 E (3),
Ocoee Lal\d Development
Code. that on Tuesday. No.
vember 18, 2006. at 1:15 p.m.. or
as soon" thereafter os precti-j
I col. the DCOEE CITY CDMMIS.
SIDN will hold a PUBUC HEAR-,
ING at the Ocoee City Com-'
miss.ion Chambers, 150
North Lakeshore Drive.
Ocoee, Florida, to consider
the' Fountains at Highland
Park ,PU 0 'Rezoning and
Land Use Plan. located on
the north side of Tomyn
Boulevard and south 01 the
Florida T~rnpike opprdxi.
matelY 1,200 teet west of
Maguire Rood (Physical
Address 11311 Tomyn Boule-
~~~~lstIh~1 s~~j~(6x'i~~m~
12.34 acres and ,is proposed
to be subdivided' into 11
commercial lots. The parcel
identification number is 30-
22-28-0000-00-014.
OF THE CITY OF
THE
Public Hearing
Notices
The compiete case file, in-
cluding a complete legal de-
scription bY' metes and
bounds. may be Inspected
at. the Ocoee Planning De-
partment, 150 North Lake. I
shore Drlve-, Ocoee, Flori-'
do. between the hours of
. 6:00 a.m. and 5:00 p.m..
Monday throu~h Fridav. ex-
cept legal holidavs, .
The City Commission may
continue the public hearings
to other dates and times, as
It deems, necessary. Any In-
terested party shall be ad.
vised that the dates. limes.
0"" places of any continua-
tion of these or continued
~~~~~ehJaJ~~~~rt~~ ~e~~:
Ings and that no further no-
l~~~s ;iYlgg~d~~til~~:a. mat.
, Interested parties may- ap.
pear at the public hearings
and be heard with respect
to th~ proposed PUD and
, Land, Use Pian. Any, person
wishing to appeal any deci-
sion made during the pUblic
hearings will need a record
of the proceedings and for
this purpose may need to
ensure that a verbatim reo
cord 01 the proceedings Is
made which includes the
6e;tl~~rlh O~~e~V~~~~C~1 UFs
based. Persons with disabil-
ities needing assistance to
~~6~~~~~i ~~o~fb~ c~~t~hc~
the City Clerk's Office 46
hours in advance of the
meeting at (407) 905-3105.
Beth Eikenberrv.
City Clerk
OLS612663 11/6