Item #08 Prairie Lake PUD - substantial Amendment to the Land Use Plan
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QC.~EE
AGENDA ITEM STAFF REPORT
Meeting Date: February 16, 2010
Item # 8 L2
~ReviewedBy: ~l~
Contact Name: Antonio Fabre, AIC'\...-.-~ Department Director~. . ~ _
Contact Number: 407-905-3100/1019 City Manager: ~ ==-------
I Subject: Substantial Amendment to Prairie Lake PUD
Case # RZ -09-11-07
Commission District # 4 - Joel F. Keller
BACKGROUND SUMMARY:
<:"r
The Prairie Lake PUD is located on both sides of Clarke Road between Hackney Prairie Road and AD
Mims Road. However, this particular request will only affect Tract "G" (AKA: "Villa Roma" property) of the
Prairie Lake PUD. Specifically, Tract "G" is located on the southwest corner Hackney Prairie Road and
Clarke Road and is approximately 21.13 acres in size of which approximately 6.39 acres are designated as
wetlands, The subject property is currently vacant, undeveloped and is partially covered with trees.
The existing land use to the east is single-family residential & town home (Westchester & Wentworth)
developments zoned Medium Density PUD; to the south, there is a townhome/single-family (Reserve at
Meadow Lake) residential development currently being developed which is zoned Medium Density PUD.
To the north is an unincorporated parcel (+/- 36 acres) which is heavily treed and currently undeveloped,
zoned (Orange County) A-1. Lake Meadow and its associated wetlands are on the property's western
boundary. The Future Land Use designation for the subject site is "Medium Density Residential" which
allows up to 8 dwelling units per acre. The surrounding future land uses are "Low Density Residential" to
the north and "Medium Density Residential" to the east. To the south and west there is
"Conservation/Floodplains" future land use designation that is mostly associated with the Lake Meadow
basin.
The Prairie Lake PUD/Land Use Plan was officially approved by the City Commission on April 16, 1991.
Then it was later amended twice, once on June 4, 1996 and on December 16, 2003. The existing Prairie
Lake PUD Land Use Plan indicates that Townhomes, Patio homes and Villas are all permitted uses on
Tract "G"; however, due to the current market conditions, the applicant/owner has requested to add
Assisted Congregated Living Facility (ACLF), Nursing Home, Two-Family Dwelling and Single-Family
Dwelling as permitted uses for Tract "G". The proposed ACLF/Nursing Home development standards, if
approved, would be limited to a maximum of 300 assisted living units with a maximum building height of 4
Stories/55 feet. The other requested uses will use the existing residential development standards for Prairie
Lake PUD, Accordingly, the Land Use Plan was amended to reflect the Applicants' request. This requested
Land Use Amendment will only affect Tract "G" of the Prairie Lake PUD. Accordingly, the existing
Development Agreement will also have to be amended.
It should be noted that the requested Assisted Living Facility use is consistent with the adopted City of
Ocoee Comprehensive Plan. The Comprehensive Plan states, ''This use [Medium Density Residential] is
intended to provide a buffer between low density residential uses and more intense uses, such as high
density residential or professional offices and services. This includes patio homes, zero lot line houses,
townhouses, assisted Iivinq facilities, garden apartments, and other forms of detached or semi-detached
houses." Therefore, staff can support this requested land use change as presented.
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Substantial Amendment to the Land
Use Plan for Prairie Lake PUD?
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on December 16, 2009 and reviewed the Amendment to
the PUD Land Use Plan for Prairie Lake PUD. According to the City's Land Development Code, alterations
to an approved PUD Land Use Plan shall be classified as either substantial or nonsubstantial by the DRC.
The Committee determined that the proposed amendment was considered a substantial amendment due
to the criteria established in the City's Land Development Code. Accordingly, the proposed substantial
amendment will be presented at a public hearing before the Planning and Zoning Commission and a public
hearing before the City Commission.
There were minor technical issues to be addressed from the Planning Division and the City Attorney's
Office that were presented via memorandums. There was also some discussion on the existing
Development Agreement, potential/vested impact fees, and residential units versus ACLF units.
Nevertheless, all of the changes to the Land Use Plan were discussed and agreed upon by the Applicant.
Finally, the Applicant felt confident that an Amendment to the existing Development Agreement and Title
Report for the property will be finalized before the City Commission meeting.
When the discussion was finished, the DRC voted unanimously to recommend approval of the Amendment
to the Prairie Lake PUD, subject to resolving the outstanding staff comments and making the changes
agreed upon at the DRC meeting before the City Commission meeting.
After subsequent submittal and review, the Land Use Plan (date stamped December 29, 2009) addressed
all remaining plan review comments.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Substantial Amendment to the Land Use
Plan for Prairie Lake PUD on January 12, 2010. City Staff presented a brief history and an overview of the
requested substantial amendment. The Applicant gave handouts and a brief presentation on the "Iine-of-
sight" for a 4-Story ACLF/Nursing Home Building as viewed from the roadway. The Planning & Zoning
Commission pointed out to the Applicant that the building "line-of-sight" presentation denoted that the
ACLF building was proposed to be approximately 100 feet setback from Clarke Road right-of-way. The
Applicant responded that their presentation materials appear to be faulty and that they need the 50-foot
building setback standard as indicated on the Amended Land Use Plan.
There were (3) residents from the public and an abutting Home Owner's Associations representative to
speak about this PUD/Land Use Plan amendment. They had concerns about allowing a 4-Story
ACLF/Nursing Home Building on the subject property. Their concerns mainly centered on height, use,
property values and traffic impacts. Staff suggested that it would be good idea to fly a balloon at the site to
show the potential visual impacts. The discussion further ensued on the ACLF compatibility with other
residential uses.
After finishing its deliberations, a motion was made to move for Approval of the Amendment of the PUD
Land Use Plan for Prairie Lake subject to a 100-foot building setback from Clarke Road for the building
standards for the Adult Congregate Living/Nursing Home uses on Tract "G", if the maximum height
allowable is 55-foot. This Motion failed (3-5).
After the failed motion, the Planning & Zoning Commission voted again to recommend Approval of the
Amendment to the Land Use Plan for Prairie Lake PUD as date-stamped received by the City on
December 29, 2009. This Motion carried (5-3).
Subsequent to the Planning & Zoning Commission meeting, the Applicant has conducted further
evaluations of the potential visual impact for the requested ACLF/Nursing Home that will be
presented to the City Commission at the scheduled Public Hearing meeting.
STAFF RECOMMENDATION:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners Approve the Amendment to the Land Use Plan for Prairie Lake PUD as date-
stamped received by the City on December 29, 2009.
Attachments:
Location Map;
Ordinance Amending the PUD;
Fourth Amendment to the Development Agreement;
PUD Land Use Plan for Prairie Lake PUD date-stamped December 29, 2009,
Financial Impact:
None.
Tvpe of Item: (please mark wifh an "X')
X Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDf Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
N/A
X N/A
N/A
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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LAKE MEADOW
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LAKE MEADOW
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Tract G
Prairie lake PUD
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PRAIRIE LAKE
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ORDINANCE NO.
(Supplemental Amendment to PUD Land Use Plan for Prairie Lakes)
TAX PARCEL ID #: 04-22-28-0000-00-048
CASE NO. RZ-09-11-07: PRAIRIE LAKE PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
APPROVING A SUBSTANTIAL AMENDMENT TO THE
LAND USE PLAN FOR THE PRAIRIE LAKE PUD ON
CERTAIN REAL PROPERTY LOCATED SOUTHWEST OF
THE INTERSECTION OF CLARKE ROAD AND
HACKNEY PRAIRIE ROAD AS PETITIONED BY THE
PROPERTY OWNER; AMENDING THE PRAIRIE LAKES
PUD LAND USE PLAN IN ORDER TO ALLOW ADULT
CONGREGATE LIVING FACILITY AND NURSING HOME
AS PERMITTED USES ON TRACT G THEREOF; FINDING
THE AMENDED LAND USE PLAN TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN;
REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, PRJ LLC (the "Applicant") is the owner of the certain real property
located within the corporate limits of the City of Ocoee, Florida more particularly described in
Exhibit" A" attached hereto and by this reference made a part hereof ( "Tract G"); and
WHEREAS, Tract G is located within the Prairie Lake PUD; and
WHEREAS, the Prairie Lake PUD was originally approved by the Ocoee City
Commission on and as has from time to time been amended (the "Land Use
Plan"); and
WHEREAS, the Applicant has petitioned the City Commission of the City of
Ocoee, Florida (the "Ocoee City Commission") to approve an amendment (the "Supplemental
Amendment") to the Land Use Plan as it relates to Tract G only; and
WHEREAS, the Supplemental Amendment proposes to modify the list of
Permitted Uses for Tract G of the Land Use Plan by making "Adult Congregate Living Facility"
and "Nursing Home" petmitted uses on Tract G only as shown on the Land Use Plan and does
not propose any other changes to the Land Use Plan; and
WHEREAS, the Supplemental Amendment was scheduled for study and
recommendation and was reviewed by the Development Review Committee ("DRC") on
; and
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WHEREAS, the ORC determined that the proposed Supplemental Amendment
was a substantial change to the Land Use Plan and forwarded the Supplemental Amendment to
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission") without a recommendation; and;
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WHEREAS, the Supplemental Amendment was scheduled for study and
recommendation by the Planning and Zoning Commission; and
WHEREAS, on , the Planning and Zoning
Commission held an advertised public hearing on the Application and recommended approval of
the Supplemental Amendment; and
WHEREAS, on ,2010, the Ocoee City Commission held a de
novo advertised public hearing with respect to the proposed Supplemental Amendment and this
Ordinance and determined that the Supplemental Amendment and this Ordinance are consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18,1991, as amended; and
WHEREAS, the Ocoee City Commission considered this Ordinance In
accordance with the procedures set forth in Section 166.041 (3), Florida Statutes,
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority, The City Commission of the City ofOcoee 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.
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SECTION 2. Amendment to the Land Use Plan, The Supplemental
Amendment, date stamped received by the City on , is hereby approved.
The Supplemental Amendment is attached hereto as Exhibit "B" and by this reference made a
part hereof. Said Supplemental Amendment supplements the previously approved Land Use
Plan for the Prairie Lake PUO as it relates to Tract G only. This approval modifies the list of
Permitted Uses for Tract G only by making "Adult Congregate Living Facility" and "Nursing
Home" permitted uses on Tract G only as shown on the Land Use Plan. Except as set forth in
this section, the Land Use Plan remains unchanged.
SECTION 3. Ocoee Comprehensive Plan. The Ocoee City
Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 4. Conflicting Ordinances. All ordinances or parts of
ordinances in conflict or inconsistent herewith are hereby repealed and rescinded.
SECTION 5. 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.
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SECTION 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
ATTEST:
PASSED AND ADOPTED this _ day of
,2010.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
Beth Eikenberry, City Clerk
(SEAL)
ADVERTISED ,2010
READ FIRST TIME .2010
READ SECOND TIME AND ADOPTED
. 2010
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM
AND LEGALITY
this _ day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
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EXHIBIT" A"
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(The Tract G)
A portion of Section 4 and Section 9, Township 22 South, Range 28 East, Orange County,
Florida being more particularly described as follows:
Commence at the Southwest comer of the Southeast 1/4 of Section 4, Township 22 South, Range
28 East, thence run North 01 029'02" East along the West line of said Southeast 1/4 of Section 4,
a distance of 350.29 feet for the point of beginning; thence run South 89009'24" West a distance
of 259,87 feet; thence run North 00046'55" East a distance of 967,94 feet; thence run North
89015'02" East a distance of 281.72 feet; thence run North 89052'06" East a distance of 634.52
feet to a point on the West right of way line of Clarke Road; thence run South 01010'07" West
along said West right of way line a distance of399.34 feet to the beginning ofa curve concave to
the East, having a radius of 3324,05 feet; thence run Southerly along the arc of said curve and
said West right of way line through a central angle of 19056'58" a distance of 1157.38 feet;
thence continue along the said West right of way line South 18045'51" East a distance of 89.13
feet; thence run South 710 15'09" West a distance of 69.54 feet; thence run South 18059'51 " West
a distance of 227.07 feet; thence run North 18046'52" West a distance of 937.11 feet; thence run
North 89038'51" West a distance of 414.97 feet to the point of beginning.
LESS AND EXCEPT
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That portion of the Southeast 1/4 and the Southwest 1/4 of Section 4, Township 22 South, Range
28 East, Orange County, Florida, described as follows:
Commence at the South 1/4 corner of said Section 4; thence South 89038'28" East along the
South line of Section 4 for 824.24 feet to the centerline of Clarke Road (Station 227 + 72,22):
thence Northerly along said centerline and arc of a circular curve concave Easterly, having a
radius of3274.05 feet, a chord bearing of North 07040'16" West and a central angle of 15001'08"
for 858.23 feet (station 236 + 30.45); thence South 89030'18" West along a radial line for 50,00
feet to the Westerly right of way line of Clarke Road and POINT OF BEGINNING; thence
Northerly along said Westerly right of way line and arc of a circular curve concave Easterly,
having a radius of 3324.05 feet, a chord bearing of North 00010'59" East and a central angle of
00041 '22" for 40,00 feet; thence North 89038'41" West for 331.07 feet; thence North 38037'37"
West for 282.78 feet; thence South 51022'23 " West for 390,00 feet; thence South 38037'37" East
for 380.00 feet thence North 51022'23" East for 390.00 feet, thence North 3837'37" West for
51.49 feet; thence South 89038'41" East for 289.88 feet; thence South 51007'09" East for 32,11
feet to the point of beginning,
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ORLA_1486301,1
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EXHIBIT "B"
[Insert Revised Sheets of Land Use Plan]
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ORLA_1486301,1
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PREPARED BY:
Dorothy E. Watson, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
RETURN TO:
For Recording Purposes Only
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656-2322
FOURTH AMENDMENT TO
DEVELOPMENT AGREEMENT
(pRAIRIE LAKE PUD)
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("this
Amendment") is made and entered into as of thedld"'day of :];\"'V(to(~ ' 2010 (the
"Effective Date") by and between PRJ, LLC, a Florida limited liability compa y, whose mailing
address is P.O, Box 1186, Ocoee, FL 34761 (hereinafter refclTcd to as the "Tract G Developer")
and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150
North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to
as the "City").
W ! I N E ~ ~ E T H:
WHEREAS, the City and Silvestri Investments of Florida, Inc. (collectively, the
"Original Developers") have heretofore entered into that certain Development Agreement
between the Original Developers and the City dated June 18, 1991 as recorded in Official
Records Book 4352, Page 1655, as amended by that celiain First Amendment to Development
Agreement dated December 13, 1994 as recorded in Official Records Book 4839, Page 2121, by
that certain Second Amendment to Development Agreement dated October 3, 1995 as recorded
in Official Records Book 4956, Page 4908, and by that certain Third Amendment to
Development Agreement dated March 4, 2004 as recorded in Official Records Book 7350, Page
2640, all of the Public Records of Orange County, Florida (collectively, the "Development
Agreement").
WHEREAS, the Tract G Developer owns fee simple title to certain land locatcd in the
City of Ocoee, Orange County Florida, said land being more particularly described in Exhibit
"A" attached hereto and by this reference made a part hereof ("Tract G"); and
WHEREAS, Tract G which comprises a part of the lands subject to the Prairie Lake
PUD and the Development Agreement; and
ORLA_1481836,1
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WHEREAS, the Tract G Developer desires to modify certain provIsions of the .
Development Agreement as they relate to Tract G only in order to allow "Adult Congregate
Living Facilities" and "Nursing Homes" as permitted uses on Tract G; and
WHEREAS, of even date nerewitIl,tne-Citynas approveo-Ordmance No, _
amending the Prairie Lake PUD Land Use Plan in order to allow "Adult Congregate Living
Facilities" and "Nursing Homes" as permitted uses on Tract G, subject to those certain
Additional Conditions of Approval for Tract G, a true copy of said Additional Conditions of
Approval for Tract G being attached hereto as Exhibit "B" and by this reference made a patt
hereof; and
WHEREAS, this Amendment is intended to confOlID the Development Agreement to the
Amended Land Use Plan for Prairie Lake PUD.
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.
by this reference.
Recitals. The above recitals are true and correct and incorporated herein
Section 2. Chan!!:e in Permitted Uses for Tract G. Notwithstanding any provision
contained in the Development Agreement to the contrary, "Adult Congregate Living Facilities"
and "Nursing Homes" shall be permitted uses on Tract G. All provisions of the Development .
Agreement to the contrary are hereby repealed.
Section 3. Road Impact Fee Schedule for Tract G. Notwithstanding any provision
contained in the Development Agreement to the contrary, if Tract G is to be developed with
"Adult Congregate Living Facilities" or "Nursing Homes" uses, then at the time the Tract G
Developer obtains the first building permit for vertical improvements for Tract G, the Tract G
Developer shall pay Road Impact Fees as required under the then-current Code of Ordinances of
the City of Ocoee rather than the Alternative Road Impact Fee Schedule as set forth in Section 7
of the Development Agreement.
Section 4. Transportation Concurrency for Tract G. Notwithstanding any
provision contained in the Development Agreement to the contrary, if Tract G is to be developed
with any uses other than Townhomes, Villas, or Patio Homes as originally contemplated at the
time of initial PUD approval, then at the time a preliminary plan is submitted for Tract G, the
Tract G Developer shall be required to submit a traffic impact analysis for Tract G. To the
extent that the traffic impact analysis for Tract G shows impacts greater than the impact
otherwise associated with the development of Tract G for the proposed 88 Townhome, Villa or
Patio Home units, the Tract G Developer shall be responsible for meeting transportation
conCUlTency requirements for the greater impact.
Section 5. Covenant Runnin!!: with the Land. This Amendment shall run with
Tract G 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 Tract G,
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Section 6. Recordation of Amendment. The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the Tract G Developer's expense, in
the Public Records of Orange County, Florida.
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Section 7. Effect on Development Ae:reement. Except as amendixn1ereby, tfie
Development Agreement remains unchanged and in full force and effect, and each of the parties
hereto hereby ratifies and confirms the terms and conditions of the Development Agreement. All
references herein to the Development Agreement shall refer to the Development Agreement as
amended by this Amendment unless the text or context indicates otherwise. In the event of any
conflict between the Development Agreement and this Amendment it is agreed that this
Amendment shall control.
Section 8. Counterparts. This Amendment 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 9. 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.
IN WITNESS WHEREOF, the Tract G Developer and the City have caused this
instrument to be executed by their duly authorized elected officials, pm1ners, and/or officers as of
the day and year first above written.
TRACT G DEVELOPER:
Signed, sealed and delivered
in the presence of:
By:
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_,0 ,\ A/V 0 t---
Print Name (}A ~V\ \~\r? I'l \ CL-
(SEAL)
MRMEN ARZOLA ,
Nolal'f Public, Slale 01 flonda
Commlssionll 00690442
My comm. e)(jlires May 17, 2013
~..-","''''1"l".~
Print Name
~14:f
~pit;
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ORLA_1481836.1
Signed, sealed and delivered
in the presence of:
CITY:
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CITY OF OCOEE, FLORIDA
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. Approved as to
form and legality this
_ day of ,2010.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_1481836,1
By:
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
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STATE OF \'::::lO\y\ (J
COUNTY OF ()VC),J.,f\J2?{_
I HEREBY CERTIFY that on this day, before me, an offlcerduly autfiorizea-in1he-State ano
County aforesaid to take acknowledgments, personally appeared PETER P. PALERMO, as the
Manager of PRJ, LLC, a Florida ,limited liability company, who L:J is personally known to
me or lAJ produced ~::: I \) \ I \) l\ (" 0 \,Y.}f) , as identification, and that he
acknowledged executing the same on behalf of said corporation and limited liability company 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 L[:\
day ofj ~ '''\.\ CLv'~ ,2010. -
0(\,\/\1\/\ ~, U --'
Signature of Notary D
(\~\,X\'Y\QV'l \~=\y 7n lc-
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifnollegible on seal):
~~
~a<6
CARMEN ARZOLA .
Nolary Public, Stale 01 Flonda
CommissionU 0009(}442
My comm. expiros May 17. 2013
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 ,2010.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (ifllotlegiblc 011 seal):
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ORLA_1481836,l
EXHIBIT "A"
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(TRACT G)
A portion orsectlOn 4 anaSectlon 9, TownsniP2TSout~ange 2-S~Orange County,
Florida being more particularly described as follows:
Commence at the Southwest comer of the Southeast 1/4 of Section 4, Township 22 South, Range
28 East, thence run North 01 029'02" East along the West line of said Southeast 1/4 of Section 4,
a distance of350,29 feet for the point of beginning; thence run South 89009'24" West a distance
01'259.87 feet; thence run N0l1h 00046'55" East a distance 01'967.94 feet; thence run N0l1h
89015'02" East a distance 01'281.72 feet; thence run North 89052'06" East a distance 01'634,52
feet to a point on the West right of way line of Clarke Road; thence run South 0101 0'07" West
along said West right of way line a distance 01'399.34 feet to the beginning of a curve concave to
the East, having a radius of 3324.05 feet; thence run Southerly along the arc of said curve and
said West right of way line through a central angle of 19056'58" a distance of 1157.38 feet;
thence continue along the said West right of way line South 18045'51" East a distance of 89.13
feet; thence run South 71015'09" West a distance of 69,54 feet; thence run South 18059'51" West
a distance 01'227.07 feet; thence run N0l1h 18046'52" West a distance 01'937.11 feet; thence run
North 89038'51" West a distance of 414,97 feet to the point of beginning,
LESS AND EXCEPT
That portion of the Southeast 1/4 and the Southwest 1/4 of Section 4, Township 22 South, Range .
28 East, Orange County, Florida, described as follows:
Commence at the South 1/4 corner of said Section 4; thence South 89038'28" East along the
South line of Section 4 for 824.24 feet to the centerline of Clarke Road (Station 227 + 72.22):
thence N0l1herly along said centerline and arc of a circular curve concave Easterly, having a
radius of3274.05 feet, a chord bearing ofN0l1h 07040'16" West and a central angle of 15001'08"
for 858.23 feet (station 236 + 30.45); thence South 89030'18" West along a radial line for 50.00
feet to the Westerly right of way line of Clarke Road and POINT OF BEGINNING; thence
Northerly along said Westerly right of way line and arc ofa circular curve concave Easterly,
having a radius 01'3324,05 feet, a chord bearing of North 00010'59" East and a central angle of
00041'22" for 40.00 feet; thence North 89038'41" West for 331.07 feet; thence North 38037'37"
West for 282,78 feet; thence South 51022'23" West for 390,00 feet; thence South 38037'37" East
for 380.00 feet thence North 51022'23" East for 390,00 feet, thence North 3837'37" West for
51.49 feet; thence South 89038'41" East for 289,88 feet; thence South 51007'09" East for 32.11
feet to the point of beginning,
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ORLA_1461636.1
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EXHIBIT "B"
(ADDITIONAL CONDITIONS OF APPROVAL FOR TRACT "G")
.
.
1\, 1 ract G may De developeoTor eitller ClTtownnomes/villaslpafio
homes/single family residential/two-family residential use or for (2) adult congregate
living/nursing home use. The foregoing uses may not be combined.
B. If Tract G is to be developed for any use other than townhomes as
contemplated at the time of initial PUD approval, then at such time as preliminary plan is
submitted for Tract G, the developer of Tract G shall also submit a traffic impact analysis for
Tract G. The developer of Tract G shall be responsible for meeting concUlTency requirements
for any impact greater than the impact that would otherwise have been associated with the
development of Tract G for 88 townhome units.
c.
The building standards for Adult Congregate LivingINursing Home uses
on Tract G:
Setbacks:
Clark Road-50'
Street Side-25'
Side (other)-25'
Rear-25'
Maximum height allowed is 55'/4-story
Maximum impervious area is 70%
Maximum ACL/Nursing Unites is 300.
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ORLA_1481836.1
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. JOINDER AND CONSENT TO AGREEMENT
(Fourth Amendment to Development Aereement (Prairie Lalres Pun))
Tne undersigned hereby certifies that it is the holder of that certain Mortgage recorded August 4, 2004 in
Official Records Book 7561, Page 2282, as modified by that certain Assignment of Loan Documents
recorded June 24, 2005, in Official Records Book 8038, Page 3322, by tbat certain Mortgage
Modification Agreement and Receipt for Future Advance recorded June 24, 2005 in Official Records
Book 8038, Page 3324, by that certain Modification of Mortgage recorded September ~ :2006 in Official
Records Book 884] , Page 3412, by that certain Assignment of Mortgage Loan Documents, recorded July
24,2007 in Official Records Book 9365, Page 2597, by that certain Mortgage Modification Agreement,
Receipt for Future Advance and Restatement of Mortgage recorded July 24, 2007 in Official Records
Book 9365, Page 2599, by that certain Modlficatioll of Mortgage recorded.July 30,2008 in Official
Records Book 9737, Page 7080, and by that certain Modification of Mortgage recorded July 31, 2009 in
Official Records Book 9911, Page 6342, all ofthe Public Records of Orange County, Florida upon the
above des~dbed property and the undersigned for and in consideration of valuable consideration, the
receipt and sufficiency of which is hereby acknowledged" doe~ hereby join in and consent to the
execution of~e foregoing Fourth Amendment to Development Agreement (prairie Lakes PUD) and
agrees that the lien of its mortgage described herein above shall be subordinated to the aforedescribed
Agreement.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed
this~daYOf~J.I,J)^.l~,201O. ,.
Signed, sealed and delivered CAPITAL CITY BANK, a FlOJ;ilia Corporation
in the presence of.
BY' - ~~~~j
Its ~YlI'O .n \/. {o Q (j,e~;J:.a {
.
STATE OF ~J(l.~t
COUNTY OF v"'-.
The fo..g~::.~.~c~'ed"d ~efo.. me this. 2..~" of ~.~- y-
.2010, by ',r wh s the ~." lor 'c..~ r~~ f
CAPITAL CITY BANK. a Florida corporation. He/she is personally known to me, or L-l has
produced as identification.
'C=::S' -- ~
l.~
Slgnatu.. of Notary . _.~
Name of Notary (Typed, rrin~ed or 81!lmped)
ORLA_1481849.1
.
TO
FOR
. CAS .01
NOTICE IS HEREBY GIVEN, pur-
suant to Subsections 4-S, 0,
of the City of Ocoee Land
Development Code, thot on
TUESDAY, FEBRUARY 16, tOlO at
lj5 pm, or os soon thereafter
~~Jr.\~~lbc~IWiWeh~l~o~ ;~r:.
lIC HEARING at the City of
Dcaee Commission .Cham-
bers, 150 North Lakeshore
Drive, Ocoee, Florida, to
consider the Substantial
Amendment to the PUD/
Land Use Plan for Prairie
tokes PUD, The PUD is lo-
cated on both sides of
Clarke Rood between Hack-
ney Prairie Rood and AD
Mims Rood, SpecificallY,
this request will only affect
Tract 'G' (AKA: 'Villa Ro-
ma' property) of the P U 0
which is more particularty
located on the southwest
corner of Clarke Rood and
Hackney Prairie Rood, If
approved, the re~uest will
~~~~d forL~sis~~te F~~1Yriy
t~~~ta\n i ~ u b'~~rl i ~gO~n"d
Single-Family ,Dwelling os
permitted uses for Tract
'G', The maximum, height
for the ACLF/Nursing Home
use is proposed to be 55
feel/4-StOry,. " '0"
AN ORDINANCE OF
oCoEE, FLORIDA AP
SUB AME
THE
PRAI
REA
SOUTH
liON 0
HACXN
TIoNEo
E '
Interested parties may ap-
pear at the public hearings
and be heard with respect
to the proposed actions
above,
The complete case file, in-
cluding 0 complete legal de'
scription by metes and
bounds, moy be inspected
at the Dcoee Development
Services Deportment/Plan-
ning Division located at 150
North Lakeshore Drive,
Dcoee, Florido between the
hours of 0:00 a,m, and 5~00
ga~;' e~~~~~1~9~~r~~ft~a~~~.
The City Commission may
continue the public hearings
to other dates and times, os
it deems necessary. Any in-
terested party shall be ad-
vised of the dates, times,
and places of any, continua-
tion of these or continued
public hearlnqs sholl be an-
nounced dunng the hear-
ings. ,No further notices re-
~rg~~Yish~"J,e ,matters will
You"are advised that any
person who desires to ap.
peal any decision mode at
~~;l~bi~~o~aa~i~~~ ~r'JI
ceedin'9s ond for this pur-
pose may need to ensure
that a verbatim record of
the proceedings Is mode
which Includes the .testimo-
ny and evidence upan which
;~~s a~Ftta~i~~b~ftf~~' :'~d:
Ing assistance to participate
~~ g~r d ofcL~1'.,e crrf~;e~7r:
Clerk's Office 48 hours in
advance of the meeting at
407-905-3105,
Beth Eikenberry, City Clerk
OLS1049137 2/412010
Copy of Public Hearing Advertisement
Date Published
Ji
08 Orlando Sentinel
Advertisement
THURSDAY, FEBRUARY 4, 2010
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