Item #10 Foundation of Lights PUD Rezoning/ Land Use Plan� > >e C , ti ter o Goo d Live'
AGENDA ITEM STAFF REPORT
Meeting Date: February 5, 2013
Item # I ()
Reviewed By:
Contact Name: J. Antonio Fabre, AIC Department Director:
Contact Number: 407 - 905 - 3100/1019 City Manager: �—
F t at►ota of nights PiJD Rezoning/ Land Use Plan A
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* ssion D istrict # 3 — Rusty Johnson
Background /Summary:
The subject property is located on the north and south sides of Floral Street, east of Kissimmee Avenue, and
west of Cumberland Avenue. The subject site is approximately 2.26 acres in size and consists of three (3) parcels
identified as parcel number(s) 17- 22 -28- 6144 -03 -650, 17- 22 -28- 6144 -03 -661 and 17- 22 -28- 6144 -03 -400. The
subject property has a physical address of 120 Floral Street.
The table below references the future land uses, zoning classifications and existing land uses of the surrounding
parcels:
Direction
Future Land Use
Zoning Classification
Existing Land Use
North
Commercial
Community Commercial T -2"
Commercial
East
Low Density Residential
Sin le -Famil Dwelling "R -1A"
Residential
South
(East) Institutional /
(West) Low Density Residential
"R -2" with SEU /
Single-Family Dwelling "R -1X
Church (First Baptist Church
of Ocoee ) / Residential
West
(North) Heavy Industrial /
(South) Low Density Residential 1
General Industrial 1 -2 " /
Single-Family Dwelling "R -1A" I
Vacant Industrial /
Residential
The subject parcel has an existing Mosque with associated mosque offices, and Great Hall. The rezoning would
be from "R -1A" (Single - Family Dwelling) to PUD (Planned Unit Development) with a corresponding Land Use
Plan (LUP). The Future Land Use designation for the site is "Institutional" which allows for the proposed uses.
The applicant /owner is requesting a "Planned Unit Development" (PUD) zoning in order to allow for the existing
Mosque expansion, daycare and health clinic. Accordingly, the applicant /owner has submitted a Land Use Plan
for the PUD rezoning. The Foundation of Lights Land Use Plan (LUP) proposes an expansion to the existing
Mosque and the Great Hall structure. The total development is proposed to be developed in two (2) phases.
Phase 1 consists of a 5,647 square feet Mosque expansion and parking area improvements. Phase 2 consists
of a 4,600 square feet expansion of the existing Great Hall. Furthermore, uses proposed in existing and future
expansions are mosque classrooms, offices, daycare and a health clinic. The two waiver requests are due to
the configuration of the existing buildings with local streets. Therefore, staff recommends approval of the
requested waivers as presented.
Issue
Should the Mayor and City Commissioners approve the PUD Rezoning Ordinance and Land Use Plan for
Foundation of Lights?
Development Review Committee (D RC) Recommendation:
The Development Review Committee (DRC) met on January 2, 2013 and reviewed the PUD Rezoning and
Land Use Plan for Foundation of Lights. There was some discussion on the proposed uses, improvements and
scope of the project. When the discussion was finished, the DRC voted unanimously to recommend approval of
the PUD Rezoning and Land Use Plan.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the PUD and Land Use Plan on January 8, 2013. City staff
gave a brief overview of the project. Staff and the Applicant answered several questions regarding the project's
expansions, historic use, existing and proposed driveway access, parking areas, crosswalks, and landscaping.
Afterward, the P &Z formally opened the public hearing portion of the deliberations.
There were several people from the public to speak regarding this proposal. Surat Khan, the mosque leader,
thanks the city staff for all that was done during the rehab of the mosque, and trusts to continue working with
the city according to the approved plans. Mr. Carl Saywacklall spoke on behalf of Foundation of Lights and he
also thanked city staff for all the hard work that was done. Patricia Gleason, who lives close to the property, is
extremely happy with the improvements the mosque has made. However, she raised concerns of increased
traffic and noise. Nevertheless, she hopes that the city can install sidewalks along the adjacent neighborhood
streets in order to mitigate for the additional traffic in the area. Staff agreed to pursue this matter through its
pertinent city department. All other questions and concerns were adequately addressed in the P &Z meeting.
At the close of the public hearing, Chairman Campbell said that he was impressed with the large turnout and
that it was a pleasure to see so many members involve in the mosque future plans. After finishing its
deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the PUD
Rezoning and Land Use Plan, stamped dated received by the City on December 3, 2012.
Staff Recommendation
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the PUD Rezoning Ordinance and Land Use Plan, stamped dated
received by the City on December 3, 2012.
Attachments:
Location Map;
Surrounding Future Land Use Map;
Surrounding Zoning Map;
Aerial Map;
Draft PUD Ordinance;
Draft Development Agreement;
Land Use Plan for Foundation of Lights PUD stamped dated received by the City on December 3, 2012.
Financial Impact
None.
Type of Item (please mark with an x )
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
Foundation of Lights PUD
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00N 111
ORDINANCE NO.
(Rezoning Ordinance for Foundation of Lights)
TAX PARCEL ID #: 17- 22 -28- 6144 -03 -650
17- 22 -28- 6144 -03 -661
17- 22 -28- 6144 -03 -400
CASE NO. RZ- 12- 02 -01: Foundation of Lights PUD
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE R -IA, "SINGLE
FAMILY DWELLING" DISTRICT, TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 2.26 ACRES LOCATED ON FLORAL STREET
WEST OF KISSIMMEE AVENUE AND EAST OF CUMBERLAND
AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE
PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT
WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING
MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant ") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission ") to rezone said real property (the "Rezoning "); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 2.26 acres, more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, from Ocoee R -lA, "Single Family Dwelling" District, 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 491 -28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan "); and
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 January 8, 2013, 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 February 19, 2013 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 2.26 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee R -IA,
"Single Family Dwelling" District, to Ocoee PUD, "Planned Unit Development." A map of said
land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit
"B" and by this reference is made a part hereof.
SECTION 3. LAND USE PLAN The following Land Use Plan for the Property
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth on:
That certain Land Use Plan for Foundation of Lights PUD prepared by Unroe
Engineering, Inc., date stamped received by the City on December 3, 2012, with
such additional revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the same.
The above described Land Use Plan is attached hereto as Exhibit "C" and by this
reference made a part hereof.
SECTION 4. COMPREHENSIVE PLAN The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 5. ZONING MAP The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article V of Chapter
180 of the Ocoee City Code.
2
SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 8. EFFECTIVE DATE This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of 2013.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of , 2013.
SHUFFIELD, LOWMAN & WILSON, P.A.
am
City Attorney
S. Scott Vandergrift, Mayor
ADVERTISED 1 2013
READ FIRST TIME , 2013.
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
3
2013.
EXHIBIT "A"
The "Property"
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 65, BLOCK 3, TOWN OF OCOEE, SAID CORNER BEING
AT SOUTHWEST INTERSECTION OF CUMBERLAND AVENUE AND FLORAL STREET PER SAID PLAT OF
TOWN OF OCOEE, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE
N89 °55'18 "W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID FLORAL STREET, SAID LINE ALSO
BEING THE NORTHERLY LINE OF SAID LOTS 65 THROUGH 68, BLOCK 3, A DISTANCE OF 322.28 FEET TO
THE NORTHWEST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8"
IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, S00 °02'42 "E
ALONG THE WESTERLY LINE OF SAID LOT 68, BLOCK 3, A DISTANCE OF 92.70 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD AND CAP
LB #6987; THENCE S89 °56'42 "E ALONG THE SOUTHERLY LINE OF SAID LOT 68, BLOCK 3, A DISTANCE OF
167.58 FEET TO THE SOUTHEAST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING
MONUMENTED BY A 5/8" IRON ROD AND CAP LB #6987; THENCE S00 °01'19 "E, ALONG THE WESTERLY
LINE OF SAID LOT 67, BLOCK 3, AND THE PROLONGATION THEREOF, A DISTANCE OF 115.44 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF THE SAID NORTH 1/2 OF VACATED ALLEY LYING SOUTH
OF LOTS 65 THROUGH 67, BLOCK 3, SAID INTERSECTION BEING MONUMENTED BY A 5/8" IRON ROD &
CAP LB #6987; THENCE S89 ° 58'16 "E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 154.57 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SAID CUMBERLAND AVENUE, SAID
INTERSECTION BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE DEPARTING SAID
SOUTHERLY LINE, N00 °00'00 "W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 207.94
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 65, BLOCK 3, TOWN OF OCOEE, SAID CORNER
BEING AT SOUTHWEST INTERSECTION OF CUMBERLAND AVENUE AND FLORAL STREET PER SAID PLAT
OF TOWN OF OCOEE, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987;
THENCE N00 ° 00'00 "W ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE
OF SAID CUMBERLAND AVENUE A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 42,
BLOCK 3, OF SAID PLAT OF TOWN OF OCOEE, SAID CORNER BEING THE POINT OF BEGINNING AND
BEING MONUMENTED BY A 5/8" IRON & CAP LB #3019; THENCE DEPARTING SAID WESTERLY RIGHT OF
WAY LINE, N89 ° 55'18 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID FLORAL STREET, A
DISTANCE OF 322.32 FEET TO THE SOUTHWEST CORNER OF SAID LOT 39, BLOCK 3; SAID CORNER BEING
MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID NORTHERLY RIGHT
OF WAY, N00 ° 02'42 "W, ALONG THE WESTERLY LINE OF SAID LOTS 39 THROUGH 37, BLOCK 3, A
DISTANCE OF 199.65 FEET TO THE NORTHWEST CORNER OF SAID LOT 37, BLOCK 3, SAID CORNER BEING
MONUMENTED BY A 1/2" IRON ROD & CAP LB #6987; THENCE S89 °58'59 "E ALONG THE SOUTHERLY
RIGHT OF WAY LINE OF A 16 FEET WIDE ALLEY PER SAID PLAT OF TOWN OF OCOEE, SAID LINE ALSO
BEING THE NORTHERLY LINE OF SAID LOTS 37 AND 40, BLOCK 3, A DISTANCE OF 217.65 FEET TO THE
NORTHEAST CORNER OF SAID LOT 40, BLOCK 3, SAID CORNER BEING WITNESSED BY A 1/2" IRON ROD &
4
CAP LB #6987 LYING N89 °58'59 "W, A DISTANCE OF 5.00 FEET FROM SAID CORNER; THENCE DEPARTING
SAID SOUTHERLY RIGHT OF WAY LINE, S00 °00'54 "E, ALONG THE EASTERLY LINE OF SAID LOT 40, BLOCK
3, A DISTANCE OF 130.00 FEET TO A POINT BEING MONUMENTED BY A 1/2" IRON ROD AND CAP
LB #6987; THENCE DEPARTING SAID EASTERLY LINE, S89 °58'59 "E, A DISTANCE OF 104.80 FEET TO AN
INTERSECTION WITH THE SAID WESTERLY RIGHT OF WAY LINE OF CUMBERLAND AVENUE, SAID
INTERSECTION BEING MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE S00 °00'00 "E.
ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 69.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.26 ACRES MORE OR LESS
5
EXHIBIT 64B99
[MAP]
Foundation of Lights PUD
Location Map
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EXHIBIT "C"
LAND USE PLAN
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
PREPARED BY:
Scott A. Cookson, Esq.
SHUFFIELD, LOWMAN & WILSON, P.A.
1000 Legion Place, Suite 1700
Post Office Box 1010
Orlando, FL 32801
(407) 581 -9800
RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 656 -2322
DEVELOPMENT AGREEMENT
FOUNDATION OF LIGHTS PUD
THIS DEVELOPMENT AGREEMENT ( "this Agreement ") is made and entered
into as of the day of , 2013 by and between Foundation of Lights,
Inc., a Florida corporation, whose mailing address is 102 Floral Street, Ocoee, Florida
34761 (hereinafter referred to as the "Owner ") and the CITY OF OCOEE, a Florida
municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee,
Florida 34761, Attention: City Manager (hereinafter referred to as the "City ").
WITNESSETH:
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 (hereinafter referred to as the "Property "); and
WHEREAS, pursuant to the petition of the Owner, on February 19, 2013, the
Ocoee City Commission approved Ordinance No. rezoning the Property
as "PUD" under the Ocoee Land Development Code; and
WHEREAS, the provisions of Section 4- 5.b.(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.
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 for Foundation of Lights, Inc. prepared by Unroe
Engineering, Inc., date stamped as received by the City on December 3, 2012
(hereinafter referred to as the "Land Use Plan "). The Land Use Plan is hereby
incorporated herein by reference as if fully set forth herein.
B. The 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.
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.
D. All capitalized terms not otherwise defined herein shall be as
defined or described on the Land Use Plan, unless otherwise indicated.
Section 3 Waivers from the Ocoee Land Development Code Pursuant to
City of Ocoee Ordinance No. 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. Notice Any notice delivered with respect to this Agreement shall
be in writing and be deemed to be delivered (whether or not actually received) (i) when
hand delivered to the other party, (ii) upon receipt when deposited in the United States
Mail, postage prepaid, certified mail, return receipt requested, or (iii) the next business
day after being sent by nationally recognized overnight delivery service for next
business day delivery, all addressed to the party at the address appearing on the first
page of this Agreement, or such other person or address as the party shall have
specified by written notice to the other party delivered in accordance herewith.
-2-
Section 5. 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 6. 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 7. 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 8 . 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 9 . 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 which shall be recorded in the Public
Records of Orange County, Florida at the Owner's expense.
Section 10 . 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 11 . Specific Performance 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 12 . 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' fees, legal
assistants' fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
Section 13. Counterparts This Agreement and any amendments hereto 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.
-3-
Section 14 . 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 15. 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 16 . Effective Date The Effective Date of this Agreement shall be the
10 day following the day and year first above written, such date being the effective
date of the zoning ordinance referenced above.
[SIGNATURES TO FOLLOW]
-4-
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 OWNER:
presence of
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
who is personally known to me or [_]
produced as identification, and that
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 1 2013.
Signature of Notary
By:_
Name:
Its:
Name of Notary (Typed, Printed or
Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
-5-
Signed, sealed and delivered in the
presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. Approved
as to form and legality this day
of .2013.
SHUFFIELD, LOWMAN & WILSON, P.A.
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
CITY:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
Attest:
Beth Eikenberry, City Clerk
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2013 UNDER
AGENDA ITEM NO.
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 , 2013.
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):
-6-
EXHIBIT "A"
THE PROPERTY
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 65, BLOCK 3, TOWN OF OCOEE, SAID CORNER BEING
AT SOUTHWEST INTERSECTION OF CUMBERLAND AVENUE AND FLORAL STREET PER SAID PLAT OF
TOWN OF OCOEE, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE
N89 ° 55'18 "W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID FLORAL STREET, SAID LINE ALSO
BEING THE NORTHERLY LINE OF SAID LOTS 65 THROUGH 68, BLOCK 3, A DISTANCE OF 322.28 FEET TO
THE NORTHWEST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8"
IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, S00 ° 02'42 "E
ALONG THE WESTERLY LINE OF SAID LOT 68, BLOCK 3, A DISTANCE OF 92.70 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD AND CAP
LB #6987; THENCE S89 °56'42 "E ALONG THE SOUTHERLY LINE OF SAID LOT 68, BLOCK 3, A DISTANCE OF
167.58 FEET TO THE SOUTHEAST CORNER OF SAID LOT 68, BLOCK 3, SAID CORNER BEING
MONUMENTED BY A 5/8" IRON ROD AND CAP LB #6987; THENCE S00 °01'19 "E, ALONG THE WESTERLY
LINE OF SAID LOT 67, BLOCK 3, AND THE PROLONGATION THEREOF, A DISTANCE OF 115.44 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF THE SAID NORTH 1/2 OF VACATED ALLEY LYING SOUTH
OF LOTS 65 THROUGH 67, BLOCK 3, SAID INTERSECTION BEING MONUMENTED BY A 5/8" IRON ROD &
CAP LB #6987; THENCE S89 ° 58'16 "E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 154.57 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF SAID CUMBERLAND AVENUE, SAID
INTERSECTION BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987; THENCE DEPARTING SAID
SOUTHERLY LINE, N00 ° 00'00 "W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 207.94
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 65, BLOCK 3, TOWN OF OCOEE, SAID CORNER
BEING AT SOUTHWEST INTERSECTION OF CUMBERLAND AVENUE AND FLORAL STREET PER SAID PLAT
OF TOWN OF OCOEE, SAID CORNER BEING MONUMENTED BY A 5/8" IRON ROD & CAP LB #6987;
THENCE N00 ° 00'00 "W ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE
OF SAID CUMBERLAND AVENUE A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF LOT 42,
BLOCK 3, OF SAID PLAT OF TOWN OF OCOEE, SAID CORNER BEING THE POINT OF BEGINNING AND
BEING MONUMENTED BY A 5/8" IRON & CAP LB #3019; THENCE DEPARTING SAID WESTERLY RIGHT OF
WAY LINE, N89 °55'18 "W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID FLORAL STREET, A
DISTANCE OF 322.32 FEET TO THE SOUTHWEST CORNER OF SAID LOT 39, BLOCK 3; SAID CORNER BEING
MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE DEPARTING SAID NORTHERLY RIGHT
OF WAY, N00 °02'42 "W, ALONG THE WESTERLY LINE OF SAID LOTS 39 THROUGH 37, BLOCK 3, A
DISTANCE OF 199.65 FEET TO THE NORTHWEST CORNER OF SAID LOT 37, BLOCK 3, SAID CORNER BEING
MONUMENTED BY A 1/2" IRON ROD & CAP LB #6987; THENCE S89 ° 58'59 "E ALONG THE SOUTHERLY
RIGHT OF WAY LINE OF A 16 FEET WIDE ALLEY PER SAID PLAT OF TOWN OF OCOEE, SAID LINE ALSO
-7-
BEING THE NORTHERLY LINE OF SAID LOTS 37 AND 40, BLOCK 3, A DISTANCE OF 217.65 FEET TO THE
NORTHEAST CORNER OF SAID LOT 40, BLOCK 3, SAID CORNER BEING WITNESSED BY A 1/2" IRON ROD &
CAP LB #6987 LYING N89 °58'59 "W, A DISTANCE OF 5.00 FEET FROM SAID CORNER; THENCE DEPARTING
SAID SOUTHERLY RIGHT OF WAY LINE, S00 °00'54 "E, ALONG THE EASTERLY LINE OF SAID LOT 40, BLOCK
3, A DISTANCE OF 130.00 FEET TO A POINT BEING MONUMENTED BY A 1/2" IRON ROD AND CAP
LB #6987; THENCE DEPARTING SAID EASTERLY LINE, S89 °58'59 "E, A DISTANCE OF 104.80 FEET TO AN
INTERSECTION WITH THE SAID WESTERLY RIGHT OF WAY LINE OF CUMBERLAND AVENUE, SAID
INTERSECTION BEING MONUMENTED BY A 1/2" IRON ROD AND CAP LB #6987; THENCE S00 °00'00 "E.
ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 69.99 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.26 ACRES MORE OR LESS
EXHIBIT "B"
Conditions of Approval
1. The Property shall be developed as a single, integral parcel and be retained under
common ownership. The property shall not be subdivided, sold, conveyed,
transferred or otherwise disposed of, or encumbered, in lesser parcels without the
written consent of the City of Ocoee.
2. 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
should be construed as such an exemption.
3. To the extent the Land Use Plan and these Conditions of Approval conflict with the
Ocoee Land Development Code, the provisions of the Land Use Plan and these
Conditions of Approval shall control.
4. Approval of the Land Use Plan does not authorize commencement of development,
expansion or other modifications to the site. Any such development shall require a
Final Site Plan Approval pursuant to the provisions of the Ocoee Land Development
Code.
5. In the event the existing sign on the Property located along Kissimmee Avenue is
altered or replaced, the sign shall be relocated to meet the requirements of the
Ocoee Land Development Code. Notwithstanding the foregoing, the existing sign
will be removed or relocated at the time of the construction of the parking lot.
6. The existing sign on the property located along Floral Street shall be removed upon
approval of the Land Use Plan.
7. The phasing schedule for the development of the Property is as follows:
a. Phase I- Mosque expansion, Health Clinic, Daycare, parking lot, lift station
b. Phase II -Great Hall Expansion
8. A Certificate of Occupancy for the Mosque expansion will not be issued until such
time as the new parking lot and lift station as reflected on the Land Use Plan are
completed.
9. The Daycare is limited to a maximum of thirty -five (35) students.
-9-
10.Any damage caused to any public roads as a result of the construction activities
related to the project or any portion thereof shall be promptly repaired to the
applicable government standards at the sole cost and expense of the owner of the
portion of the project being developed in connection with such construction
activities.
11. The Developer is to protect and prevent any disturbance, siltation, or other
construction within the conservation areas inside the 100 -year flood elevation.
Those areas are to be fenced off during construction and silt fences installed to
eliminate any possible disturbance in those areas during construction.
12.All existing structures (including buildings, power lines, existing aerial and utility
facilities) and Progress Energy easements will be removed and /or terminated prior
to or during construction of the development replacing those uses.
13.An emergency access easement to the retention ponds and over all drainage
easements shown hereon is hereby granted to the City for emergency maintenance
purposes. The emergency access easement will not impose any obligation, 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.
14.A perpetual, non - exclusive easement for access over all internal roadways and
paved areas shall be granted in favor of the City and other applicable authorities for
law enforcement, fire, and other emergency services.
15. There shall be no access from the project to any public roads except at the
approved locations shown on the Land Use Plan.
16. 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 in
the Land Use Plan.
-10-
EXHIBIT "C"
Waivers
LDC Provision
Description
LDC
Requirement
Proposed
Justification
Chapter 5, Table 5 -2
Front Yard Setback
25'
2.3'
Matches existing
building setback
Chapter 6, Section 6 -14
Landscape Buffer
15'
10'
Floral Street is
Adjacent Floral
interior to the project.
Street
The 15' landscape
buffer would serve to
separate the parking
from its use.
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