Item #18 a.b. Ocoee Pines - Substantial Amendment to PUD Land Use Plan - a. Amendment to PUD Land Use Plan Ordinance, b. First Amendment to Development Agreementlqvmw
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AGENDA ITEM STAFF REPORT
Meeting Date: December 2, 2014
Item # � 6 a .
Reviewed By:
Contact Name. J. Antonio Fabre, AICP Department Director:
Contact Number: 407 - 905 - 3100/1019 City Manager:
Subject: Ocoee Pines (FKA: Whispering Pines) Planned Unit Development (PUD)
Substantial Amendment to the Approved PUD Land Use Plan
Project No(s): RZ- 13 -10 -08
Commission District # 1 — John Grogan
Background /Summary
The Ocoee Pines PUD property includes approximately 101 acres of land and is generally located northwest
of Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. The property is currently vacant, wooded
and undeveloped. The property was originally a remnant of a historic (circa 1920s) residential subdivision
(West Orange Park) that was never developed. Basically, the site is a redevelopment of this historic platted
subdivision. It was determined that the historic plat could have potentially been vested for 352 residential
units.
On August 8, 2006, the property was re- platted under Orange County jurisdiction as "Ocoee Pines ". This plat
dedicated essential right -of -way for the Clarcona -Ocoee Roadway realignment. Subsequently, the subject
property was also incorporated into the corporate boundaries of the City of Ocoee on November 7, 2006. On
July 17, 2007, the Ocoee Pines PUD was officially approved by the City Commission with a mixture of single -
family residence (SFR) and a Townhome (TH) component. On November 4, 2008, the Final Subdivision Plan
(FSP) was approved by the City Commission with 189 SFR and 154 TH units. The site is partially cleared but
never finished due to the previous owner /developer defaulting on the FSP project. Currently, Orange County
has completed the major roadway realignment improvements for Clarcona -Ocoee Road which now runs
through the subject site. The table below references the future land uses, jurisdiction, existing land uses and
zoning classifications of the surrounding parcels:
DIRECTION:
JPA FUTURE LAND USE / JURISDICTION
EXISTING LAND USE / ZONING
North
Recreation & Open Space and Low Density
Residential / City of Ocoee
Forest Lake Golf Course -"City Park" /
SFR(s) (Ingram Trails Subdivision)
East
Low Density Residential / Orange County
SFR(s) / Agriculture "A -I'
South
Low Density Residential / Orange County
SFR(s) and
Manufactured Home Park (West Orange Park) /
Agriculture "A -I"
West
Recreation & Open Space / City of Ocoee
Forest Lake Golf Course / "City Park'
The Ocoee Pines PUD was originally approved for a maximum of (189 SFR + 154 TH) 343 dwelling units.
The Land Use Plan originally indicated townhomes on the northeast portion of the PUD; however, due to
the current market conditions, the applicant has modified the plan to include only single - family as the
primary residential use. As a result, the overall density has been reduced (62 units less) to a total of 281
SFR. Accordingly, the Land Use Plan and Conditions of Approval were amended to reflect the Applicant's
request. The following modifications are proposed with this amendment submittal:
• No townhome component;
• Maximum number of dwelling units 281;
• The amended residential lots indicate: Lot Type I = 109 (75' x 115) with a minimum living area of
2,000 square feet, and Lot Type II = 172 (50' x 120') with a minimum living area of 1,800 square
feet.
Reclaimed water, solid waste, police and fire protection will all be provided by City of Ocoee. Potable water
and wastewater will be provided by the City of Ocoee on the southern portion of the project and Orange
County Utilities will provide service on the northern portion of the project. Staff is currently working with
Orange County Utilities on a wholesale agreement for the City to provide potable water and wastewater
service on the northern portion. Said agreement will be presented to the City Commission for approval at a
later date.
Issue
Should the Honorable Mayor and Commissioners approve the Substantial Amendment to the Approved PUD
Land Use Plan for Ocoee Pines?
Development Review Committee Recommendation:
On October 8, 2014 the DRC met to determine if the proposed Amendment to the PUD Land Use Plan was
consistent with the City's regulations and policies. 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.
Discussion ensued on the SFR lots sizes, Conditions of Approval, future fence /walls that will be proposed
adjacent to the Golf Course and needed easements for the boundary adjustment. Moreover, the Applicant felt
confident that the Boundary Agreement will be completely finalized before the next scheduled City
Commission meeting. When the discussion was finished, the Committee voted unanimously to recommend
approval of the Amendment to the Ocoee Pines PUD, subject to resolution of the remaining staff comments.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the proposed Amendment to the Approved PUD Land Use
Plan for Ocoee Pines on October 14, 2014. City Staff presented a brief summary and overview of the
requested Amendment to the Approved PUD Land Use Plan. City Staff answered several questions regarding
lot widths, overall PUD Plan, and roadway improvements. All of these questions were addressed adequately
in the P &Z meeting. There was no one from the public to speak regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Substantial Amendment to the Approved PUD Land Use Plan for Ocoee Pines, subject to
resolving any remaining staff comments before the City Commission meeting.
Staff Recommendation
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
City Commission approval of the Substantial Amendment to the Approved PUD Land Use Plan for Ocoee
Pines, subject to resolving the last remaining staff comments.
Attachments
Location Map;
PUD Amendment Ordinance;
Amendment to the Land Use Plan for Ocoee Pines PUD stamp dated November 13, 2014.
First Amendment to Development Agreement
Financial Impact
None
Type of Item : (please mark with an 'V)
X
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
X
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
X
Commission Approval
Discussion & Direction
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
Ocoee Pines
Location Map
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MEADOVq
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ORDINANCE NO. 2014 -028
(Substantial Amendment to PUD Ordinance for Ocoee Pines)
TAX PARCEL ID #: 05- 22 -28- 9152 -26 -470
05- 22 -28- 6432 -00 -003
05- 22 -28- 6432 -00 -004
05- 22 -28- 6432 -00 -005
05- 22 -28- 6432 -00 -006
05- 22 -28- 6432 -00 -007
05- 22- 28- 9152 -09 -010
05- 22- 28- 9152 -02 -260
05- 22 -28- 9152 -39 -220
05- 22 -28- 9152 -22 -280
CASE NO. RZ- 13- 10 -08: Ocoee Pines
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A
SUBSTANTIAL AMENDMENT TO THE LAND USE PLAN FOR THE
OCOEE PINES PUD ON CERTAIN REAL PROPERTY LOCATED
NORTHWEST AND SOUTHEAST OF CLARCONA OCOEE ROAD,
EAST OF THE FOREST LAKE GOLF COURSE, AS PETITIONED BY
THE PROPERTY OWNER; AMENDING THE OCOEE PINES PUD
LAND USE PLAN TO ADD ADDITIONAL PARCELS TO THE PUD;
ELIMINATING TOWNHOMES AND REDUCING THE LOT WIDTHS
OF THE SINGLE FAMILY LOTS WITHIN THE PUD; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING 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 described in the Exhibit "A"
attached hereto has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee
City Commission ") to approve an amendment (the "Amendment ") to the Ocoee Pines PUD Land
Use Plan, as approved by the Ocoee City Commission on July 17, 2007 (the "Land Use Plan ");
and
WHEREAS, the Amendment proposes to remove approved townhomes and reducing the
lot widths of the single family lots within the PUD; and
WHEREAS, the Amendment was scheduled for study and recommendation and was
reviewed by the Development Review Committee ( "DRC ") on October 8, 2014; and
WHEREAS, the DRC recommended approval of said Amendment; and
WHEREAS, the Amendment was scheduled for study and recommendation by the
Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission "); and
-1-
WHEREAS, on October 14, 2014, the Planning and Zoning Commission held an
advertised public hearing on the Application and recommended approval of the Amendment; and
WHEREAS, on , the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Amendment and this Ordinance and
determined that the 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 of Ocoee 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. Amendment to the Land Use Plan The Amendment to the PUD Land
Use Plan prepared by Bowyer Singleton, date stamped received by the City on July 29, 2014,
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 same is hereby approved, subject to the
Conditions of Approval set forth in Section 3 below. The Amended Land Use Plan is attached
hereto as Exhibit "B" and by this reference made a part hereof. Said Amended Land Use Plan
supercedes and replaces the previously approved Land Use Plans for the Ocoee Pines PUD. All
references to the Land Use Plan or the Amended Land Use Plan for the Ocoee Pines PUD shall
hereafter refer to the attached Amended Land Use Plan.
SECTION 3. Conditions of Approval The property described in Exhibit "A" hereto
shall be developed in accordance with and subject to the Conditions of Approval set forth in the
Amended Land Use Plan. Notwithstanding anything herein to the contrary, in the event of any
conflict between the Ocoee Pines Land Use Plan referenced in Section 2 above and the
Conditions of Approval, the Conditions of Approval shall control.
SECTION 4. Ocoee Comprehensive Plan The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan.
SECTION 5. Conflicting Ordinances All ordinances or parts of ordinances in conflict
or inconsistent herewith are hereby repealed and rescinded.
SECTION 6. 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 7. Effective Date This Ordinance shall become effective ten (10) days after
its passage and adoption.
-2-
PASSED AND ADOPTED this
ATTEST:
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 , 2014.
SHUFFIELD LOWMAN & WILSON, P.A.
I'
City Attorney
day of , 2014
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2014
READ FIRST TIME .2014
READ SECOND TIME AND ADOPTED
.2014
UNDER AGENDA ITEM NO.
-3-
EXHIBIT "A"
TRACTS A, A -1, C, D, E, F AND G, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 66, PAGES 94 AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LYING
IN SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA.
TOGETHER WITH THE NORTH HALF OF VACATED SOUTH PARK ROW AND THE NORTH 1/2 OF VACATED
JAY AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 9514, PAGE 4517, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA.
AND
TOGETHER WITH LOTS 1 AND 2, BLOCK 9, LOTS 47 AND 48, BLOCK 26, LOTS 26 AND 27, BLOCK 2, AND
LOTS 28 AND 29, BLOCK 22, WEST ORANGE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK M, PAGES 1, 4 AND 5, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LESS AND EXCEPT:
ANY PORTION LYING WITHIN THE CLARCONA - OCOEE ROAD RIGHT -OF -WAY AS DESCRIBED IN OFFICIAL
RECORDS BOOK 8636, PAGE 4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARrn 1
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N01 °30'43 "E, ALONG THE WEST LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1934.15 FEET TO A POINT ON THE CENTERLINE
OF SOUTH PARK ROW, A 50.00 FOOT RIGHT -OF -WAY, AS SHOWN ON THE PLAT OF WEST ORANGE PARK,
AS RECORDED IN PLAT BOOK M, PAGES 1, 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND NOW VACATED ACCORDING TO OFFICIAL RECORDS BOOK 9514, PAGE 4517, OF SAID
PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUE N01 °30'43 "E, ALONG THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 25.01 FEET TO A POINT ON THE
NORTH RIGHT -OF -WAY LINE OF SAID SOUTH PARK ROW; THENCE DEPARTING SAID NORTHERLY RIGHT -
OF -WAY LINE, RUN N01 °00'24 "W, A DISTANCE OF 154.75 FEET; THENCE N89 °41'13 "W, A DISTANCE OF
15.00 FEET TO A POINT ON A LINE LYING 15.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE
OF TRACT C, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES
94 -95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N00 °18'47 "E, ALONG SAID
PARALLEL LINE, A DISTANCE OF 833.54 FEET TO A POINT ON A LINE LYING 10.00 FEET EASTERLY OF AND
PARALLEL WITH THE WEST LINE OF SAID TRACT C; THENCE NO2 °50'40 "E, ALONG SAID PARALLEL LINE, A
DISTANCE OF 1267.56 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT C; THENCE S86 °57'56 "E,
ALONG SAID NORTH LINE, A DISTANCE OF 1313.24 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5 ACCORDING TO SAID PLAT OF OCOEE
PINES; THENCE S86 °59'30 "E, ALONG THE NORTH LINE OF SAID TRACT C, A DISTANCE OF 25.32 FEET TO
-4-
THE NORTHWEST CORNER OF TRACT A -2, OF SAID OCOEE PINES; THENCE S03 °00'30 "W, ALONG THE
WEST LINE OF SAID TRACT A -2, A DISTANCE OF 25.00 FEET TO THE NORTHWEST CORNER OF PARK
TRACT AS SHOWN ON THE PLAT OF WEST ORANGE PARK, AS RECORDED IN PLAT BOOK M, PAGES 1, 4
AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE S02 °16'50 "W, A DISTANCE OF
17.86 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N73 °31'17 "E, ALONG THE SOUTH LINE OF
SAID PARK, A DISTANCE OF 53.54 FEET TO THE SOUTHEAST CORNER OF SAID A -2; THENCE NO3 °00'30 "E,
A DISTANCE OF 25.00 FEET TO THE AFORESAID NORTH LINE OF TRACT C; THENCE S86 °59'30 "E, ALONG
SAID NORTH LINE, A DISTANCE OF 940.67 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF
CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE 4289, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; SAID POINT BEING A POINT ON A NON- TANGENT CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1653.55 FEET, A CENTRAL ANGLE OF 19 °02'55 ", A
CHORD BEARING OF S39 °01'11 "W AND A CHORD DISTANCE OF 547.21 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 549.74 FEET
TO A POINT ON A RADIAL LINE; THENCE CONTINUE ALONG SAID WESTERLY RIGHT -OF -WAY LINE
S60 °30'17 "E, ALONG SAID RADIAL LINE, A DISTANCE OF 4.70 FEET; THENCE CONTINUE ALONG SAID
WESTERLY RIGHT -OF -WAY, S29 °29'43 "W, A DISTANCE OF 1643.42 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1434.67 FEET, A CENTRAL ANGLE OF
32 °33'21 ", A CHORD BEARING OF S45 °46'23 "W AND A CHORD DISTANCE OF 804.26 FEET; THENCE
CONTINUE ALONG SAID RIGHT -OF -WAY LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 815.19 FEET TO A POINT ON THE CENTERLINE OF AVACADO STREET, A 50.00 FOOT RIGHT -
OF -WAY, AS SHOWN ON AFORESAID OCOEE PINES; THENCE N00 °20'24 "E, ALONG SAID CENTERLINE, A
DISTANCE OF 264.12 FEET TO A POINT ON THE CENTERLINE OF AFOREMENTIONED SOUTH PARK ROW;
THENCE S89 °50'59 "W, ALONG SAID CENTERLINE, A DISTANCE OF 652.77 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT LOTS 47 AND 48, BLOCK 26, LOTS 1 & 2 BLOCK 9, WEST ORANGE PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK M, PAGES 1, 4 AND 5, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA.
Pmil
PARrF1 7•
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 963.59 FEET TO A POINT ON THE EASTERLY RIGHT -
OF -WAY LINE OF CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE
4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE S29 °29'43 "W, ALONG SAID
EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 690.47 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1554.67 FEET, A CENTRAL ANGLE OF 30 °44'07 ", A
CHORD BEARING OF S44 °51'45 "W, AND A CHORD DISTANCE OF 824.01 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 833.98 FEET
TO THE NORTHEAST CORNER OF TRACT D, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 66, PAGES 94 AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE, RUN
-5-
S00 °20'24 "W, ALONG THE EAST LINE OF SAID TRACT D, A DISTANCE OF 144.45 FEET TO THE SOUTHEAST
CORNER THEREOF; THENCE S89 °50'59 "W, ALONG THE SOUTH LINE OF SAID TRACT D, A DISTANCE OF
75.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N00 °20'24 "E, ALONG THE WEST LINE OF
SAID TRACT D, A DISTANCE OF 104.53 FEET TO A POINT ON AFORESAID EASTERLY RIGHT -OF -WAY LINE
OF CLARCONA - OCOEE ROAD; SAID POINT BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 1554.67 FEET, A CENTRAL ANGLE OF 03 °08'47 ", A CHORD BEARING OF
N61 °48'12 "E AND A CHORD DISTANCE OF 85.37 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE AND ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 85.38 FEET TO THE POINT
OF BEGINNING.
AND
PARCEL I
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 663.96 FEET TO A POINT ON THE EASTERLY LINE OF
TRACT E, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94
AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND THE POINT OF BEGINNING;
THENCE S00 °13'07 "W, ALONG THE EASTERLY LINE OF SAID TRACT E, A DISTANCE OF 942.30 FEET TO
THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY AND NORTHERLY ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT E THE FOLLOWING 5 COURSES AND DISTANCES; THENCE N89 °05'53 "W, A
DISTANCE OF 166.44 FEET; THENCE N00 °14'57 "E, A DISTANCE OF 272.02 FEET; THENCE N89 °05'53 "W, A
DISTANCE OF 498.87 FEET; THENCE S00 °20'24 "W, A DISTANCE OF 425.44 FEET; THENCE S89 °50'59 "W, A
DISTANCE OF 412.55 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF CLARCONA - OCOEE
ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE 4289, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; SAID POINT BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 1554.67 FEET, A CENTRAL ANGLE OF 24 °41'00 ", A CHORD BEARING OF
N41 °50'11 "E, AND A CHORD DISTANCE OF 664.59 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE AND SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 669.76 FEET TO THE POINT OF
TANGENCY; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY LINE, N29 °29'43 "E, A DISTANCE
OF 1375.66 FEET TO A POINT ON THE EASTERLY BOUNDARY OF AFORESAID TRACT E; THENCE
SOUTHERLY ALONG SAID EASTERLY BOUNDARY THE FOLLOWING SEVEN (7) COURSES AND DISTANCES;
THENCE S02 °18'14 "W, A DISTANCE OF 219.18 FEET; THENCE S88 °02'42 "E, A DISTANCE OF 50.35 FEET;
THENCE S02 °17'25 "W, A DISTANCE OF 104.00 FEET; THENCE N88 °02'42 "W, A DISTANCE OF 75.00 FEET;
THENCE S02 °17'25 "W, A DISTANCE OF 283.00 FEET; THENCE S88 °02'42 "E, A DISTANCE OF 11.04 FEET;
THENCE S00 °13'07 "W, A DISTANCE OF 0.97 FEET TO THE POINT OF BEGINNING.
AND
PARCFI a-
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
on
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 963.59 FEET TO A POINT ON THE EASTERLY RIGHT -
OF -WAY LINE OF CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE
4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N29 °29'43 "E, ALONG SAID
EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 728.97 FEET TO THE SOUTHWEST CORNER OF TRACT F,
OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94 AND 95,
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
CONTINUE N29 °29'43 "E, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 223.97 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1528.85
FEET, A CENTRAL ANGLE OF 07 °30'07 ", A CHORD BEARING OF N33 °14'46 "E AND A CHORD DISTANCE OF
200.03 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT -OF-
WAY LINE, A DISTANCE OF 200.18 FEET TO THE NORTHERLY MOST CORNER OF SAID TRACT F; THENCE
SOUTHERLY ALONG THE EASTERLY BOUNDARY OF SAID TRACT F THE FOLLOWING FIVE (5) COURSES
AND DISTANCES: S02 °22'21 "W, A DISTANCE OF 111.52 FEET; THENCE S88 °02'35 "E, A DISTANCE OF
125.05 FEET; THENCE S02 °14'05 "W, A DISTANCE OF 104.00 FEET; THENCE N88 °02'42 "W, A DISTANCE
OF 150.17 FEET; THENCE S02 °18'00 "W, A DISTANCE OF 154.01 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT F; THENCE N88 °02'37 "W, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 180.08 FEET
TO THE POINT OF BEGINNING.
AND
PARCEL 5:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/40F SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 963.59 FEET TO A POINT ON THE EASTERLY RIGHT -
OF -WAY LINE OF CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE
4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N29 °29'43 "E, ALONG SAID
EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 952.94 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1528.85 FEET, A CENTRAL ANGLE OF 11 °51'23 ", A
CHORD BEARING OF N35 °25'25 "E AND A CHORD DISTANCE OF 315.81 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 316.37 FEET
TO THE SOUTHWEST CORNER OF TRACT G, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 66, PAGES 94 AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY
LINE AND SAID CURVE HAVING A RADIUS OF 1528.85 FEET, THROUGH A CENTRAL ANGLE OF 10 °09'40 ",
AN ARC DISTANCE OF 271.13 FEET TO THE NORTHWEST CORNER OF SAID TRACT G; THENCE
S86 °59'30 "E, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 132.01 FEET TO THE NORTHEAST
CORNER OF SAID TRACT G; THENCE S02 °44'54 "E ALONG THE EAST LINE THEREOF, A DISTANCE OF 81.60
FEET TO THE SOUTHEAST CORNER OF SAID TRACT G; THENCE S73 °31'17 "W, ALONG THE SOUTH LINE
THEREOF, A DISTANCE OF 346.15 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 4,422,951 SQUARE FEET OR 101.53 ACRES, MORE OR LESS.
-7-
EXHIBIT "B"
Amended Land Use Plan
-5-
AMENDMENT TO THE PUD LAND USE PLAN [ 7BY FOR I
. OCO ]PIN E
SINGLETON
1
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LOCATION MAP
1 COVER SHEET
2 CONDITIONS OF APPROVAL
3 EXISTING CONDITIONS
4 LAND USE PLAN
- INDEX OF SHEETS
LEGAL DES OF SUBJECT PROPERTY
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OSEE SHEET NUMBER 3
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� NOV 13 2014
CIIYCF D_EL
OWNERSHIP AND CONSULTANT INFORMATION
DEVELOPER /OWNER ENGINEER /LANDSCAPE
/APPLICANT
/PLANNER /SLRVEY
ATTORNEY
JTDLAND AT OCOEE PINES, LLC
DEWBERRY - BOVPYER- SINGLETON
AKERMAN,LLP
-- - --
210HOAGLANDBOULEVARD
KISSIMMEE, FLORIDA 34741
CONTACT: MR. CRAIG HARRIS
520 SOUTH MAGNOLIA AVE.
ORLANDO, FLORIDA32801
PHONE: (407)843-512D
120 SOUTH ORANG E AVENUE, SUITE 1200
ORLANDO, FLORIDA 32901
PHONE: (407) 423 -4000
-
CONTACT'. NICOLE STALDER, P.E.
CONTACT: JIM MCNEIL
,.... _.
CONDITIONS OF APPROVAL
1, THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND RESTRICTIONS OF FLORIDA
STATUTES CHAPTER 163, CONCERNING MORATORIA ON THE ISSUANCE OF BUILDING PERMITS
UNDER CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY
PRIVATE ENTITY OR ITSELF FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING
HEREIN SHALL BE CONSTRUED AS SUCH AN EXEMPTION,
2. EXISTING TREES 8 IN. DBH OR LARGER OTHER THAN CITRUS RUS TREES OR 'TRASH' TREES)
LEGATED ALONG PROPOSED LOCATIONS OF BUFFER WALLS OR ROHR RIGHT-OF-WAY LINES WILL
BE PRESERVED. IF AT ALL POSSIBLE, THE BUFFER WALLS AND ROADS WILL BE DESIGNEE
AROUND THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS
STREET TREES.
3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE
MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE EXISTING PROTECTED TREES. FOR LOTS
CONTAINING PROTECTED TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON
INDIVIDUAL LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL BUILDING
PERMITS ARE ISSUED FOR THOSE LOTS.
4. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING ROAD RIGHT-OF-WAY
AND RETENTION AREAS AS DETAILED IN THE FINAL SUBDIVISION PLAN. All EXISTING PROTECTED
TREES ON INDIVIDUAL LOTS WILL BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT
LOT, TO DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. ALL COMMON AREA
IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG
ROADS, AS WELL AS LANDSCAPING AROUND RETENTION POND TRACTS SHALL BE COMPLETED
PRIOR TO ISSUANCE OF A CERTIFCATE OF COMPLETION.
5, IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL BE PRESERVED, ALL
ROAD RIGHT -OF -WAYS AND RETENTION AREAS WILL BE FLAGGED FOR REVIEW BY THE CITY
PRIOR TO ANY TREE REMOVAL, NO CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR
ED LOING CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN CLEARLY MARKED
WITH TREE PROTECTION BARRIERS.
6. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY PROTECTED TREES
WITHOUT FIRST OBTAINING A PERMIT FROM THE BUILDING DEPARTMENT. THE REMOVAL OF
PROTECTED TREES SHALL BE MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO
AUTHORIZATION SHALL BE GRANTED TO REMOVE A TREE IF THE DEVELOPER HAS FAILED TO
TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE
7. UNLESS OTHERWISE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL BE PLATTED ALONG
ALL SIDE LOT LINES AND 10 UTIULTY, DRAINAGE AND SIDEWALK EASEMENT ADJACENT TO THE
STREET RIGHT -OF -WAYS. SIDEWALKS L 5 WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY
TO RUN THEM AROUND EXISTING PROT CTED TREES BE PRESERVED,
8. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ALONG THE FRONT OF EACH LOT WILL
BE PLACED AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
9. EACH FIRE HYDRANT SHALL BE PAINTED YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER
SHALL BE AFFIXED TO THE STREET IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT.
FIRE HYDRANTS SHALL BE SPACED PER CITY OF OCOEE LAND DEVELOPMENT CODE,
010. ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE FOR THE BENEFIT OF THE
HOMEOWNERS ASSOCIATION. THE LAND BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY
THE INDIVIDUAL LOT OWNERS.
11. ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING
AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING AROUND RETENTION POND TRACTS
AND THE LIFT STATION TRACTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE
OF COMPLETION.
12. STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE
DEVELOPERS PRIOR TO CERTIFICATE OF COMPLETION AT THE DEVELOPER'S EXPENSE AND THE
COST OF THEIR OPERATION WILL BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH
ORDINANCE NO 95 -17.
Z 13. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION
SHALL BE CONVEYED TO THE HOMEOWNERS ASSOCIATION BY WARRANTY DEED AT THE TIME OF
PLATTING.
14. ANY DAMAGE CAUSED TO ANY PUBLIC ROAD 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.
15. THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC STREET EXCEPT AT THE
APPROVED LOCATIONS SHOWN ONTHEAPPROVED FINAL SUBDIVISION PLAN.
16. ALL CROSS ACCESS, UTILITY AND DRAINAGE BASEMENTS SHALL BE PROVIDED PRIOR TO OR
AT THE TIME OF PLATTING,
17. A PERPETUAL, NON- EXCLUSIVE ACCESS EASEMENT OVER ALL INTERNAL ROADWAYS AND
OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR OF THE CITY OF OCOEE AND OTHER
APPLICABLE 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.
18. ALL UTILITIES INCLUDING ELECTRICAL, CABLE TV, AND TELEPHONE AND INCLUDING ON -SITE
EXISTING OVERHEAR
WIRES SHALL BE PLACED UNDERGROUND.
N .
Di 9. A HOMEOWNERS ASSOCIATION SHALL BE CREATED FOR OWNERSHIP AND MAINTENANCE OF
ALL COMMON AREAS.
Q20. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO, DECLARATIONS OF COVENANTS,
EASEMENTS AND RESTRICTIONS, ARTICLES OF INCORPORATION OF THE HOMEOWNERS
ASSOCIATION AND WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE CITY
FOR APPROVAL PRIOR TO PLATTING ALL OR A PORTION OF THE PROPERTY.
Q21. THE STORMWATER SYSTEM, INCLUDING ALL PIPES, INLETS, MANHOLES AND STRUCTURES,
TOGETHER WITH TRACTS A -H (RETENTION PONDS), WILL BE OWNED, OPERATED AND
MAINTAINED BV THE HOMEOWNERS ASSOCIATION.
7zy 2. EACH PH BE OF THE PROJECT WILL STAND ON ITS OWN WITH RESPECT TO PUBLIC SERVICES
(SEVVER, WATER, STORMWATER MANAGEMENT, ACCESS AND OTHER RELATED SERVICES,
23ALL EXISTING STRUCTURES, INCLUDING BUILDINGS, POWER LINES, AERIAL AND UTILITY
FACILITIES, WILL BE REMOVED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT
REPLACING THOSE USES.
24. PURSUANT TO ORDINANCE 2001 -18 ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WITH
THE NAME OF THE SUBDIVISION. ANY SUBSEQUENT CHANGE TO THE NAME OF THE SUBDIVISION
MUST BE APPROVED BY THE CITY COMMISSION.
Q25. .•ALL BUILDING PAD ELEVATIONS SHALL EXCEED THE 100 -YEAR FLOOD ELEVATION BY A
MINIMUM OF TWO FEET AS ESTABLISHED BY TI PROJECTS STORMWATER MANAGEMENT SYSTEM
AND /OR THE ADJACENT WATER BODY IDENTIFIED ON THE FIRMA FIRM PANEL, WHICHEVER IS
GREATER.
A26i NOTWITHSTANDING THE CONVEYANCE OF THE STORMWATER RETENTION FUNDS TO THE
HOMEOWNERS ASSOCIATION (THE ASSOCIATION) OR ANY PROVISION TO THE CONTRARY
CQ NTAINED IN THESE CONDITIONS OF APPROVAL, THE DEVELOPER SHALL REMAIN RESPONSIBLE
FOR T'HE MAINTENANCE OF THE PROJECTS STORMWATER MANAGEMENT SYSTEM (SWMS),
INCLUDING ALL STORMWATER RETENTION PONDS, UNTIL SUCH TIME AS: (1) THE ENTIRE SWMS
FOR THE PROJECT IS CONSTRUCTED AND APPROPRIATE CERTIFICATES OF COMPLETION ISSUED
BY BOTH THE CITY AND THE SJRWMD, (II) THE 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 THE 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.
27. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY SHALL
INCLUDE THE FOLLOWING PROVISIONS:
. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE ASSESSMENTS FOR
MAINTENANCE OF COMMON AREAS IF ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN
ASSESSMENTS AT A LEVEL ALLOWING FOR ADEQUATE MAINTENANCE.
II. PROVISIONS GRANTING THE CITY THE RIGHT, BUT NOT THE OBLIGATION TO MAINTAINFREPAIR.
THE SWMS AND OBTAIN REIMBURSEMENT FROM THE ASSOCIATION, OR FROM THE
DEVELOPER IF F) TURNOVER OF CONTROL OF THE MEMBERS HAS NOT OCCURRED, OR (ii) IF
THE DEVELOPER IS STILL RESPONSIBLE FOR MAINTENANCE OF THE SWIMS,
II.PRDVISION PROVIDING THAT THE SWMS WILL BE TRANSFERRED TO A RESPONSIBLE. -
OPERATICLUMAINTENANCE ENTITY ACCEPTABLE TO THE CITY IN THE EVENT OF DISSOLUTION
AND THAT IF DISSOLUTION OCCURS WITHOUT SUCH APPROVAL THEN THE CITY MAY
CONTINUE TO LEW AND COLLECT ASSESSMENTS AND IMPOSE LIENS WITH RESPECT
THERETO NOTWITHSTANDING THE DISSOLUTION OF THE ASSOCIATION.
V.PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD STANDING WITH THE
FLORIDA SECRETARY OF STATE.
v. PROVISION THAT AT THE TIME OF TURNOVER OF CONTROL OF THE ASSOCIATION TO THE
MEMBERS, THE DECLARANT SHALL DELIVER TO THE NEW BOARD OF DIRECTORS THE
MAINTENANCE PLAN FOR THE SWMS ACCOMPANIED BY AN ENGINEERS CERTIFICATION THAT
THE SWM3 IS FUNCTIONING IN ACCORDANCE WITH ALL APPROVED PLANS AND PERMITS, TO
THE EXTENT THAT ANY SUCH ENGINEERS REPORT INDICATES ANY CORRECTIVE ACTION IS
REQUIRED THAT DECLARANT SHALL BE REQUIRED TO DILIGENTLY UNDERTAKE SUCH
CORRECTIVE ACTION AT THE DECLARANTS EXPENSE AND TO POST A CASH BOND WITH THE
ASSOCIATION FOR THE ESTIMATED COSTS OF SUCH CORRECTIVE ACTION.
vi. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER GOVERNMENTAL ENTITY
SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY THE ASSOCIATION.
PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING THE CITY REQUIRES
vIL TF1E CONSENT OF THE CITY IN AN INSTRUMENT RECORDED WITH THE AMENDMENT.
28. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION SHALL BE CONSISTENT
WITH THE FOREGOING PROVISIONS.
21 EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE
CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE.
30. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF THE LAND
DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH ON A WAIVER TABLE.
ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN AUTOMATIC RAIN SENSOR.
0' 32. INTENTIONALLY DELETED.
Qi 33. INTENTIONALLY DELETED,
34. ALL UNDERGROUND UTILITIES SHALL COMPLY WITH SECTION 6 -8 C 3 OF THE LAND
DEVELOPMENT CODE, WHICH REQUIRES PEDESTAL - MOUNTED UTILITY BOXES TO BE PLACED BACK
OF THE STREET, NO MORE THAN 5 FEET FORWARD OF THE FRONT BUILDING SETBACK LINE, ON
ALL RESIDENTIAL LOTS WHICH ARE LESS THAN 70 FEET IN WIDTH WHERE THE LOT ABUTS THE
STREET RIGHT-CF-WAY LINE.
35. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY BUILDING DEPARTMENT AT
THE TIME OF FINAL PLAT SUBMITTAL.
Q36. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE ACCESS RAMPS AT
ALL RIGHT0F -WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER
TO ACCOMMCOATE 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 CTED ON CORNER LOTS IN CERTAIN LOCATIONS, THE
THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONST WALKS WILL BE EXTENDED TO
RUCTED. THE HOMEOWNERS
ASSOCIATION WILL BE RESPONSIBLE FOR THE CONTINUED MAINTENANCE_ OF ALL STREETS AND
S IOEWALKS IN ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY NOW OR HEREINAFTER BE
APPLICABLE TO THE PROJECT.
Q37. THE LIFT STATION TRACT WILL BE CONVEYED TO THE CITY AT THE TIME OF PLATTING. THE LIFT
STATION SHALL BE FENCED WITH A BLACK VINYL COATED ALUMINUM PENCE AND SHALL BE SET
BACK NO LESS THAN 25' FROM ANY STREET. THE LIFT STATION SHALL ALSO BE SCREENED WITH
SWEET VIBURNUM HEDGING (36 IN. HIGH AND 30 IN. ON CENTER) IN ADDITION TO JASMINE VINES.
38. ALL SCREEN WALLS, LANDSCAPE BUFFERS, ALL COMMON AREA LANDSCAPE IMPROVEMENTS
AS WELL AS SIDEWALKS ALONG THE FUTURE LOCAL STREET AND ALONG ALL OTHER PERIMETER
PROPERTY LINES SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION.
39. SHORT TERM RENTALS (RENTAL TERM LESS THAN 6 MONTHS) SHALL BE PROHIBITED. THIS
RESTRICTION SHALL BE INCORPORATED INTO THE DECLARATION FOR THE SUBDIVISION AND
SHALL PROVIDE THAT THE PROVISION MAY BE ENFORCED BY THE CITY.
/2, INTENTIONALLY DELETED.
41. THE DECLARATION FOR THE SUBDIVISION SHALL PROHIBIT RV AND BOAT PARKING WITHIN THE
SUBDIVISION.
Q42. INTENTIONALLY DELETED.
Qi 43. INTENTIONALLY DELETED.
Q44. INTENTIONALLY DELETED,
45, THE DEVELOPER SHALL COMPLY WITH ORDINANCE NO. 2001 -19 OF THE LAND DEVELOPMENT
CODE RELATING TO COMMUNITY MEETING ROOMS,
46. INTENTIONALLY DELETED,
Q47. INTENTIONALLY DELETED.
A48. INTENTIONALLY DELETED.
ADS. A BLANKET EASEMENT WILL BE PROVIDED TO THE CITY OF OCOEE OVER ALL TRACTS TO SE
OWNED by THE HOMEOWNERS ASSOCIATION FOR THE MAINTENANCE OF ALL UTILITIES AND
DRAINAGE OVER SUCH TRACTS.
, i ,50. WATER AND SEWER SERVICE WILL BE PROVIDED BY THE CITY or OCOEE, AT THE TIME OF
PLATTING, EASEMENTS WILL BE PLACED OVER THE SERVICE LINES AND DEDICATED TO THE
CITY OF OCOEE,
QQ51. RECLAIMED WATER WILL BE USED FOR IRRATION PURPOSES, IF AVAILABLE. A VASTER
IRRIGATION SYSTEM WILL BE INSTALLED TO SIG ER VA VICE ALL COMMON AREAS AND RESIDENTIAL
LOTS WILL BE INDIVIDUALLY METERED. THIS MASTER SYSTEM WILL BE OWNED AND
MAINTAINED BY THE HOMEOWNERS ASSOCIATION,
52, ALL STORMWATER MANAGEMENT PONDS WILL BE UNFENCED WITH A MAXIMUM 5:1 SIDE
SLOPES INTO THE POND.
53, ALL BUILDING SETBACKS FROM ALL RETENTION AREAS SHALL BE 15 FEET FROM THE TOP OF
BANK.
54. I DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCATION'AL PURPOSES ONLY.
FINAL EASEMENT DIMENSIONS (WIDTHS) WILL BE SHOWN ON TIE FINAL SUBDIVISION PLAN AND
WILL BE SIZED TO MEET CITY REQUIREMENTS.
55. STREET LIGHTS, SECURITY LIGHTS AND LIGHTING FOR COMMON AREAS MEETING CURRENT
CODE REQUIREMENTS SHALL BE INSTALLED BY THE DEVELOPER PRIOR TO CERTIFICATE or
COMPLETION AT THE DEVELOPER'S EXPENSE AND THE COST TO THEIR OPERATION WILL BE
ASSUMED BY THE DEVELOPER IN
DEVELOPMENT CODE. ACCORDANCE WITH SECTION 6 -8(D) OF THE OCOEE LAND
Q56, THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL
LANDSCAPED AREAS. LANDSCAPED AREAS SHALL BE KEPT IN A NEAT, HEALTHY AND ORDERLY
APPEARANCE FREE of REFUSE AND DEBRIS.
57. REE T EACH O BE SINGLE FAMILY LOT SHALL HAVE THE MINIMUM OF THREE (3) TREES PER LOT, EACH
10 FT. IN HEIGHT AND 21N, DBH AT TIME OF PLAN
T TING.
I INTENTIONALLY DELETED.
Q59. INTENTIONALLY DELETED.
050. INTENTIONALLY DELETED.
61.
BE SUBMITTED WITH THE FINAL SUBDIVISION PLAN.
62. A STABILIZED ROADWAY SHALL BE PROVIDED AT ALL TIMES DURING CONSTRUCTION FOR
EMERGENCY ACCESS.
63. NO COMBUSTIBLE MATERIAL SHALL BE ALLOWED ON SITE UNTIL A DER APPROVED WATER
SUPPLY IS ESTABLISHED,
64. ANY APPROVAL BY THE CITY OF THE LAND USE PLAN AND /OR THE PRELIMINARY SUBDIVISION
PLAN RELATED TO THE PROJECT SHA
AT LL BE SUBJECT TO AND CONDITIONED UPON THE OWNER
ENTERING INTO AN AGREEMENT (THE 'BOUNDARY LINE' AGREEMENT) WITH THE CITY
ESTABLISHING THE LOCATION OF THE BOUNDARY LINE LOCATED BETWEEN THE PROJECT
PROPERTY AND THE PROPERTY LOCATED TO THE WEST AND NORTH OF THE PROJECT, WHICH
IS OWNED BY THE CITY AND OPERATED BY THE CITY'S TENANT AS THE FOREST LAKE GOLF
COURSE, THE BOUNDARY LINE AGREEMENT WILL REQUIRE A JOINDER AND CONSENT FROM
THE CITY'S TENANT AND THE TENANT'S MORTGAGE LENDER(S). THE FINAL SUBDIVISION PLAN
FOR THE PROJECT WILL BE REQUIRED CO ACCURATELY REFLECT THE BOUNDARY LINE
ESTABLISHED BY THE BOUNDARY LINE AGREEMENT. THE CITY MAY REQUIRE CHANGES TO THE
FINAL SUBDIVISION PLAN, WHICH WOULD OTHERWISE BE INCONSISTENT WITH THE APPROVED
PRELIMINARY SUBDIVISION PLAN, IN ORDER TO COMPLY WITH THE REQUIREMENTS CONTAINED
IN THE BOUNDARY LINE AGREEMENT. TO THE EXTENT THE OWNER DOES NOT ENTER INTO THE
BOUNDARY LINE AGREEMENT, BUT PROVIDES THE CITY WITH A JUDICIAL DETERMINATION
ESTABLISHING THE LOCATION OF SUCH BOUNDARY LINE, THE FINAL SUBDIVISION PLAN FOR THE
PROJECT WILL BE REQUIRED TO ACCURATELY REFLECT THE BOUNDARY LINE ESTABLISHED BY
SUCH JUDICIAL DETERMINATION. THE CITY MAY REQUIRE CHANGES TO THE FINAL SUBDIVISION
PLAN W HICH WOULD
E BE INCON
SUBDIVISION PLAN IN ORDER TO ADDRESS ANY IS RELATED ETO APPROVED THE LOCATION OF THE
BOUNDARY LINE, AS SET FORTH IN SUCH JUDICIAL TERMINATION.
Q Q65.) RESOLUTION OF THE PROPERTY BOUNDARY ADJUSTMENT TO FOREST LAKE GOLF COURSE
MUST BE COMPLETED PRIOR TO PLATTING OF THE SUBDIVISION.
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A
ACCORDING TO THE FLOOD INSURANCE
RATE MAP NO. 12095CO205F. DATED:
SEPTEMBER 25, 2009, FEDERAL D ATUM
EMERGENCY MANAGEMENT AGENCY. NAVD88
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2.) PHASING WILL BE DETERMINED AT
THE PSP LEVEL.
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esq.
SHUFFIELD LOWMAN & WILSON, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
(407) 581 -9800
AFTER RECORDING RETURN TO:
Beth Eikenberry, City Clerk
CITY OF OCOEE
150 N. Lakeshore Drive
Ocoee, FL 34761
(407) 905 -3100
For Recording Purposes Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
( OCOEE PINES)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this
"Amendment ") is made and entered into as of the day of December, 2014 by and between
JTD LAND AT OCOEE PINES, LLC, a Florida limited liability company with an address of
210 South Hoagland Blvd., Kissimmee, Florida 34741 (hereinafter referred to as the
"Developer ") and the CITY OF OCOEE, a Florida municipal corporation, whose mailing
address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager
(hereinafter referred to as the "City ").
WITNESSETH:
WHEREAS, the City and Ocoee Golf, LLC ( "Ocoee Golf') previously entered into that
certain Development Agreement dated July 17, 2007 as recorded in Official Records Book 9876,
Page 4482, Public Records of Orange County, Florida (the "Original Development
Agreement ", and together with this Amendment, the "Development Agreement "); and
WHEREAS, Developer is the successor in interest to Ocoee Golf and owns fee simple
title to the Property more particularly described in Exhibit "A" attached hereto and by this
reference incorporated herein (the "Property ") which Property includes the lands described in
Exhibit "A" referenced in the Development Agreement; and
WHEREAS, the Development Agreement provided that the lands described in
Exhibit "A" referenced in the Development Agreement would be developed consistent with the
Development Agreement and the PUD Land Use Plan for Ocoee Pines prepared by Professional
Design Associates, Inc., date stamped received by the City on May 25, 2007, with such
additional revisions to such plans, if any, as may be reflected in the minutes of said City
Commission meeting (the "Original Land Use Plan "); and
WHEREAS, of even date herewith, the City Commission has approved that certain
Amendment to the PUD Land Use Plan for Ocoee Pines prepared by Bowyer Singleton date
stamped received by the City on , 2014, with such additional revisions to such plans, if
any, as may be reflected in the minutes of said City Commission meeting (the "Amendment to
Land Use Plan ", and together with the Original Land Use Plan, the "Land Use Plan'); and
WHEREAS, the Ocoee City Commission approved Ordinance No. and
Ordinance No. annexing into the City additional lands included within the Property;
and
WHEREAS, the Ocoee City Commission approved Ordinance No. and
Ordinance No. rezoning additional lands included within the Property; and
WHEREAS, the Ocoee City Commission approved Ordinance No. approving a
substantial amendment to the Land Use Plan the Property; and
WHEREAS, the provisions of Section 4 -5A(5) of Article IV of the Ocoee Land
Development Code require the execution of a development agreement incorporating all plans and
conditions of approval by reference; and
WHEREAS, the City has determined that the execution of this Amendment is essential
to the public health, safety and welfare and the ability of the City to plan for the development of
the Property; and
WHEREAS, the City and Developer desire to execute this Amendment in order to
evidence their mutual agreement as to certain matters related to the development of the Property
in accordance with the Land Use Plan.
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; Definitions The above recitals are true and correct and
incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be
as defined or described in the Development Agreement or the Land Use Plan, unless otherwise
indicated.
Section 2. The Property Exhibit "A" attached hereto replaces Exhibit "A"
attached to the Original Development Agreement such that the Property subject to the terms of
the Development Agreement and the Land Use Plan shall be the Property described in
Exhibit " A " attached to this Amendment.
Section 3. Development of the Property Section 3.A. of the Original Development
Agreement is hereby amended to read in its entirety:
"A. The Developer hereby agrees to develop the Property in accordance with that
certain PUD Land Use Plan for Ocoee Pines prepared by Professional Design Associates,
Inc., date stamped as received by the City on May 25, 2007 as amended by that certain
Amendment to the PUD Land Use Plan for Ocoee Pines prepared by Bowyer Singleton
date stamped received by the City on 2014, with such additional revisions to
such plans, if any, as may be reflected in the minutes of said City Commission meeting
2
(hereinafter collectively referred to as the "Land Use Plan "). The Land Use Plan is
hereby incorporated herein by reference as if fully set forth herein."
Section 4. Conditions of Approval Exhibit `B" attached hereto replaces
Exhibit "B" attached to the Original Development Agreement and to the Original Land Use Plan
such that the Conditions of Approval referred to in the Development Agreement and in the Land
Use Plan shall be the Conditions of Approval described in Exhibit "B" attached to this
Amendment.
Section 5. Notices Section 5 of the Original Development Agreement is amended to
replace the contact information of the Developer and City with the following:
Developer: JTD Land at Ocoee Pines, LLC
210 South Hoagland Blvd.
Kissimmee, Florida 34741
Copies to: James H. McNeil, Jr., Esq.
Akerman, LLP
420 S. Orange Ave., Suite 1200
Orlando, Florida 32801
City: City of Ocoee
Attn: City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761
Copies to: Scott A. Cookson, Esq.
Shuffield, Lowman & Wilson, P.A.
1000 Legion Place, Suite 1700
Orlando, FL 32801
Section 6. Ratification of Prior Allreements Except as amended hereby, the
Original 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 Original
Development Agreement as amended by this Amendment unless the text or context indicates
otherwise. In the event of any conflict between the Original Development Agreement and this
Amendment it is agreed that this Amendment shall control.
Section 7. Covenant Running with the Land This Amendment 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 10. Recordation of Amendment The parties hereto agree that an executed
original of this Amendment shall be recorded by the City, at the Developer's expense, in the
Public Records of Orange County, Florida.
3
Section 11. 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 12. Effective Date This Amendment shall first be executed by the Developer
and submitted to the City for approval by the Ocoee City Commission. Upon approval by the
Ocoee City Commission, this Amendment shall be executed by the City. The Effective Date of
this Amendment shall be the date of execution by the City.
4
IN WITNESS WHEREOF, the Developer and the City have caused this instrument to
be executed by their duly authorized elected officials, partners, and/or officers as of the day and
year first above written.
Signed, sealed and delivered DEVELOPER:
in the presence of:
JTD LAND AT OCOEE PINES, LLC, a
Florida limited liability company
Print Name
Print Name
STATE OF
COUNTY OF
By:
Name:
Its:
(SEAL)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as of JTD LAND AT OCOEE
PINES, LLC, a Florida limited liability company, who [__] is personally known to me or "
produced as identification, and that he /she acknowledged
executing the same on behalf of said corporation and limited partnership 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 1 201.
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):
5
Signed, sealed and delivered CITY
in the presence of:
CITY OF OCOEE, FLORIDA
Print Name:
Print Name:
C
S. Scott Vandergrift, Mayor
Attest:
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 , 201_.
SHUFFIELD, LOWMAN & WILSON, P.A.
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 , 201.
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"
TRACTS A, A -1, C, D, E, F AND G, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 66, PAGES 94 AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND LYING
IN SECTION 5, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA.
TOGETHER WITH THE NORTH HALF OF VACATED SOUTH PARK ROW AND THE NORTH 1/2 OF VACATED
JAY AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 9514, PAGE 4517, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA.
AND
TOGETHER WITH LOTS 1 AND 2, BLOCK 9, LOTS 47 AND 48, BLOCK 26, LOTS 26 AND 27, BLOCK 2, AND
LOTS 28 AND 29, BLOCK 22, WEST ORANGE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK M, PAGES 1, 4 AND 5, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
LESS AND EXCEPT:
ANY PORTION LYING WITHIN THE CLARCONA - OCOEE ROAD RIGHT -OF -WAY AS DESCRIBED IN OFFICIAL
RECORDS BOOK 8636, PAGE 4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARrFI 1
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22
SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N01 ° 30'43 "E, ALONG THE WEST LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 1934.15 FEET TO A POINT ON THE CENTERLINE
OF SOUTH PARK ROW, A 50.00 FOOT RIGHT -OF -WAY, AS SHOWN ON THE PLAT OF WEST ORANGE PARK,
AS RECORDED IN PLAT BOOK M, PAGES 1, 4 AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND NOW VACATED ACCORDING TO OFFICIAL RECORDS BOOK 9514, PAGE 4517, OF SAID
PUBLIC RECORDS AND THE POINT OF BEGINNING; THENCE CONTINUE N01 °30'43 "E, ALONG THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 25.01 FEET TO A POINT ON THE NORTH
RIGHT -OF -WAY LINE OF SAID SOUTH PARK ROW; THENCE DEPARTING SAID NORTHERLY RIGHT -OF -WAY
LINE, RUN N01 °00'24 "W, A DISTANCE OF 154.75 FEET; THENCE N89 °41'13 "W, A DISTANCE OF 15.00
FEET TO A POINT ON A LINE LYING 15.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE OF
TRACT C, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94-
95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N00 °18'47 "E, ALONG SAID
PARALLEL LINE, A DISTANCE OF 833.54 FEET TO A POINT ON A LINE LYING 10.00 FEET EASTERLY OF AND
PARALLEL WITH THE WEST LINE OF SAID TRACT C; THENCE NO2 °50'40 "E, ALONG SAID PARALLEL LINE, A
DISTANCE OF 1267.56 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT C; THENCE S86 °57'56 "E,
ALONG SAID NORTH LINE, A DISTANCE OF 1313.24 FEET TO A POINT ON THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5 ACCORDING TO SAID PLAT OF OCOEE
PINES; THENCE S86 °59'30 "E, ALONG THE NORTH LINE OF SAID TRACT C, A DISTANCE OF 25.32 FEET TO
7
THE NORTHWEST CORNER OF TRACT A -2, OF SAID OCOEE PINES; THENCE S03 °00'30 "W, ALONG THE
WEST LINE OF SAID TRACT A -2, A DISTANCE OF 25.00 FEET TO THE NORTHWEST CORNER OF PARK
TRACT AS SHOWN ON THE PLAT OF WEST ORANGE PARK, AS RECORDED IN PLAT BOOK M, PAGES 1, 4
AND 5 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE S02 °16'50 "W, A DISTANCE OF
17.86 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N73 °31'17 "E, ALONG THE SOUTH LINE OF
SAID PARK, A DISTANCE OF 53.54 FEET TO THE SOUTHEAST CORNER OF SAID A -2; THENCE NO3 °00'30 "E,
A DISTANCE OF 25.00 FEET TO THE AFORESAID NORTH LINE OF TRACT C; THENCE S86 °59'30 "E, ALONG
SAID NORTH LINE, A DISTANCE OF 940.67 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF
CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE 4289, OF THE PUBLIC
RECORDS OF ORANGE COUNTY, FLORIDA; SAID POINT BEING A POINT ON A NON - TANGENT CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1653.55 FEET, A CENTRAL ANGLE OF 19 °02'55 ", A
CHORD BEARING OF S39 °01'11 "W AND A CHORD DISTANCE OF 547.21 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 549.74 FEET
TO A POINT ON A RADIAL LINE; THENCE CONTINUE ALONG SAID WESTERLY RIGHT -OF -WAY LINE
S60 °30'17 "E, ALONG SAID RADIAL LINE, A DISTANCE OF 4.70 FEET; THENCE CONTINUE ALONG SAID
WESTERLY RIGHT -OF -WAY, S29 °29'43 "W, A DISTANCE OF 1643.42 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1434.67 FEET, A CENTRAL ANGLE OF
32 °33'21 ", A CHORD BEARING OF S45 °4623 "W AND A CHORD DISTANCE OF 804.26 FEET; THENCE
CONTINUE ALONG SAID RIGHT -OF -WAY LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 815.19 FEET TO A POINT ON THE CENTERLINE OF AVACADO STREET, A 50.00 FOOT RIGHT -
OF -WAY, AS SHOWN ON AFORESAID OCOEE PINES; THENCE N00 °20'24 "E, ALONG SAID CENTERLINE, A
DISTANCE OF 264.12 FEET TO A POINT ON THE CENTERLINE OF AFOREMENTIONED SOUTH PARK ROW;
THENCE S89 °50'59 "W, ALONG SAID CENTERLINE, A DISTANCE OF 652.77 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT LOTS 47 AND 48, BLOCK 26, LOTS 1 & 2 BLOCK 9, WEST ORANGE PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK M, PAGES 1, 4 AND 5, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA.
AND
PARCEL 2:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 963.59 FEET TO A POINT ON THE EASTERLY RIGHT -
OF -WAY LINE OF CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE
4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE S29 °29'43 "W, ALONG SAID
EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 690.47 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1554.67 FEET, A CENTRAL ANGLE OF 30 °44'07 ", A
CHORD BEARING OF S44 °51'45 "W, AND A CHORD DISTANCE OF 824.01 FEET; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 833.98 FEET
TO THE NORTHEAST CORNER OF TRACT D, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS
E
RECORDED IN PLAT BOOK 66, PAGES 94 AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE, RUN
S00 °20'24 "W, ALONG THE EAST LINE OF SAID TRACT D, A DISTANCE OF 144.45 FEET TO THE SOUTHEAST
CORNER THEREOF; THENCE S89 °50'59 "W, ALONG THE SOUTH LINE OF SAID TRACT D, A DISTANCE OF
75.00 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N00 °20'24 "E, ALONG THE WEST LINE OF
SAID TRACT D, A DISTANCE OF 104.53 FEET TO A POINT ON AFORESAID EASTERLY RIGHT -OF -WAY LINE
OF CLARCONA - OCOEE ROAD; SAID POINT BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 1554.67 FEET, A CENTRAL ANGLE OF 03 °08'47 ", A CHORD BEARING OF
N61 °48'12 "E AND A CHORD DISTANCE OF 85.37 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE AND ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 85.38 FEET TO THE POINT
OF BEGINNING.
AND
PARCEL 3:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 663.96 FEET TO A POINT ON THE EASTERLY LINE OF
TRACT E, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94
AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND THE POINT OF BEGINNING;
THENCE S00 °13'07 "W, ALONG THE EASTERLY LINE OF SAID TRACT E, A DISTANCE OF 942.30 FEET TO THE
SOUTHEAST CORNER THEREOF; THENCE WESTERLY AND NORTHERLY ALONG THE SOUTHERLY
BOUNDARY OF SAID TRACT E THE FOLLOWING 5 COURSES AND DISTANCES; THENCE N89 °05'53 "W, A
DISTANCE OF 166.44 FEET; THENCE N00 °14'57 "E, A DISTANCE OF 272.02 FEET; THENCE N89 °05'53 "W, A
DISTANCE OF 498.87 FEET; THENCE S00 °20'24 "W, A DISTANCE OF 425.44 FEET; THENCE S89 °50'59 "W, A
DISTANCE OF 412.55 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF CLARCONA - OCOEE
ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE 4289, OF THE PUBLIC RECORDS OF
ORANGE COUNTY, FLORIDA; SAID POINT BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 1554.67 FEET, A CENTRAL ANGLE OF 24 °41'00 ", A CHORD BEARING OF
N41 °50'11 "E, AND A CHORD DISTANCE OF 664.59 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE AND SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 669.76 FEET TO THE POINT OF
TANGENCY; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY LINE, N29 °29'43 "E, A DISTANCE
OF 1375.66 FEET TO A POINT ON THE EASTERLY BOUNDARY OF AFORESAID TRACT E; THENCE
SOUTHERLY ALONG SAID EASTERLY BOUNDARY THE FOLLOWING SEVEN (7) COURSES AND DISTANCES;
THENCE S02 °18'14 "W, A DISTANCE OF 219.18 FEET; THENCE S88 °02'42 "E, A DISTANCE OF 50.35 FEET;
THENCE S02 °17'25 "W, A DISTANCE OF 104.00 FEET; THENCE N88 °02'42 "W, A DISTANCE OF 75.00 FEET;
THENCE S02 °17'25 "W, A DISTANCE OF 283.00 FEET; THENCE S88 °02'42 "E, A DISTANCE OF 11.04 FEET;
THENCE S00 °13'07 "W, A DISTANCE OF 0.97 FEET TO THE POINT OF BEGINNING.
AND
w
PARCFI A.
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 963.59 FEET TO A POINT ON THE EASTERLY RIGHT -
OF -WAY LINE OF CLARCONA - OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE
4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N29 °29'43 "E, ALONG SAID
EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 728.97 FEET TO THE SOUTHWEST CORNER OF TRACT F,
OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 66, PAGES 94 AND 95,
OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE
CONTINUE N29 °29'43 "E, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 223.97 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1528.85
FEET, A CENTRAL ANGLE OF 07 °30'07 ", A CHORD BEARING OF N33 °14'46 "E AND A CHORD DISTANCE OF
200.03 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT -OF-
WAY LINE, A DISTANCE OF 200.18 FEET TO THE NORTHERLY MOST CORNER OF SAID TRACT F; THENCE
SOUTHERLY ALONG THE EASTERLY BOUNDARY OF SAID TRACT F THE FOLLOWING FIVE (5) COURSES AND
DISTANCES: S02 °22'21 "W, A DISTANCE OF 111.52 FEET; THENCE S88 °02'35 "E, A DISTANCE OF 125.05
FEET; THENCE S02 °14'05 "W, A DISTANCE OF 104.00 FEET; THENCE N88 °02'42 "W, A DISTANCE OF 150.17
FEET; THENCE S02 °18'00 "W, A DISTANCE OF 154.01 FEET TO THE SOUTHEAST CORNER OF SAID TRACT F;
THENCE N88 °02'37 "W, ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 180.08 FEET TO THE POINT
OF BEGINNING.
AND
PARCELS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 22 SOUTH,
RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE N88 °07'19 "W, ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 963.59 FEET TO A POINT ON THE EASTERLY RIGHT -
OF -WAY LINE OF CLARCONA-OCOEE ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 8636, PAGE
4289, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; THENCE N29 °29'43 "E, ALONG SAID
EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 952.94 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1528.85 FEET, A CENTRAL ANGLE OF 11 °51'23 ", A
CHORD BEARING OF N35 °25'25 "E AND A CHORD DISTANCE OF 315.81 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 316.37 FEET
TO THE SOUTHWEST CORNER OF TRACT G, OCOEE PINES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 66, PAGES 94 AND 95, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EASTERLY RIGHT -OF -WAY
LINE AND SAID CURVE HAVING A RADIUS OF 1528.85 FEET, THROUGH A CENTRAL ANGLE OF 10 °09'40 ",
AN ARC DISTANCE OF 271.13 FEET TO THE NORTHWEST CORNER OF SAID TRACT G; THENCE
S86 °59'30 "E, ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 132.01 FEET TO THE NORTHEAST
CORNER OF SAID TRACT G; THENCE S02 °44'54 "E ALONG THE EAST LINE THEREOF, A DISTANCE OF 81.60
10
FEET TO THE SOUTHEAST CORNER OF SAID TRACT G; THENCE S73 ° 31'17 "W, ALONG THE SOUTH LINE
THEREOF, A DISTANCE OF 346.15 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 4,422,951 SQUARE FEET OR 101.53 ACRES, MORE OR LESS.
11
EXHIBIT "B"
(Conditions of Approval)
1. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS AND
RESTRICTIONS OF FLORIDA STATUTES CHAPTER 163, CONCERNING
MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN
CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY
PRIVATE ENTITY OR ITSELF FROM THE APPLICATION OF SUCH STATE
LEGISLATION AND NOTHING HEREIN SHALL BE CONSTRUED AS SUCH AN
EXEMPTION.
2. EXISTING TREES 8 IN. DBH OR LARGER (OTHER THAN CITRUS TREES OR
`TRASH' TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER
WALLS OR ROAD RIGHT -OF -WAY LINES WILL BE PRESERVED. IF AT ALL
POSSIBLE, THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND
THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE
BUFFERS AND AS STREET TREES.
3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED
TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE
EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES,
THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL
LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL
BUILDING PERMITS ARE ISSUED FOR THOSE LOTS.
4. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING
ROAD RIGHT -OF -WAY AND RETENTION AREAS AS DETAILED IN THE FINAL
SUBDIVISION PLAN. All EXISTING PROTECTED TREES ON INDIVIDUAL LOTS
WILL BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT LOT, TO
DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. ALL
COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS,
LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING
AROUND RETENTION POND TRACTS SHALL BE COMPLETED PRIOR TO
ISSUANCE OF A CERTIFICATE OF COMPLETION.
5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL
BE PRESERVED, ALL ROAD RIGHT -OF -WAYS AND RETENTION AREAS WILL
BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY TREE REMOVAL. NO
CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING
CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN
CLEARLY MARKED WITH TREE PROTECTION BARRIERS.
6. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY
PROTECTED TREES WITHOUT FIRST OBTAINING A PERMIT FROM THE
BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE
MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION
SHALL BE GRANTED TO REMOVE A TREE IF THE DEVELOPER HAS FAILED
TO TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE.
7. UNLESS OTHERWISE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL
BE PLATTED ALONG ALL SIDE LOT LINES AND 10' UTILILTY, DRAINAGE AND
SIDEWALK EASEMENT ADJACENT TO THE STREET RIGHT -OF -WAYS.
SIDEWALKS WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY TO
RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
8. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ALONG THE
FRONT OF EACH LOT WILL BE PLACED AROUND EXISTING PROTECTED
TREES TO BE PRESERVED.
9. EACH FIRE HYDRANT SHALL BE PAINTED YELLOW IN COLOR AND A BLUE
REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER
OF THE LANE CLOSEST TO EACH HYDRANT. FIRE HYDRANTS SHALL BE
SPACED PER CITY OF OCOEE LAND DEVELOPMENT CODE.
10.ALL DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS SHALL BE FOR
THE BENEFIT OF THE HOMEOWNERS ASSOCIATION. THE LAND BURDENED
BY SUCH EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL LOT OWNERS.
11.ALL COMMON AREA IMPROVEMENTS INCLUDING ENTRY FEATURES, WALLS,
LANDSCAPING AND SIDEWALKS ALONG ROADS, AS WELL AS LANDSCAPING
AROUND RETENTION POND TRACTS AND THE LIFT STATION TRACTS SHALL
BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION.
12. STREET LIGHTS MEETING CURRENT CODE REQUIREMENTS SHALL BE
INSTALLED BY THE DEVELOPERS PRIOR TO CERTIFICATE OF COMPLETION
AT THE DEVELOPER'S EXPENSE AND THE COST OF THEIR OPERATION WILL
BE ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH ORDINANCE NO
95 -17.
13.ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE
HOMEOWNERS ASSOCIATION SHALL BE CONVEYED TO THE HOMEOWNERS
ASSOCIATION BY WARRANTY DEED AT THE TIME OF PLATTING.
14.ANY DAMAGE CAUSED TO ANY PUBLIC ROAD 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.
15.THERE SHALL BE NO ACCESS FROM THE PROPERTY TO ANY PUBLIC
STREET EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE
APPROVED FINAL SUBDIVISION PLAN.
0
16.ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE
PROVIDED PRIOR TO OR AT THE TIME OF PLATTING.
17.A PERPETUAL, NON - EXCLUSIVE ACCESS EASEMENT OVER ALL INTERNAL
ROADWAYS AND OTHER PAVED AREAS IS HEREBY GRANTED IN FAVOR OF
THE CITY OF OCOEE AND OTHER APPLICABLE 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.
18.ALL UTILITIES INCLUDING ELECTRICAL, CABLE TV, AND TELEPHONE AND
INCLUDING ON -SITE EXISTING OVERHEAD WIRES SHALL BE PLACED
UNDERGROUND.
19. A HOMEOWNERS ASSOCIATION SHALL BE CREATED FOR OWNERSHIP AND
MAINTENANCE OF ALL COMMON AREAS.
20.ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO,
DECLARATIONS OF COVENANTS, EASEMENTS AND RESTRICTIONS,
ARTICLES OF INCORPORATION OF THE HOMEOWNERS ASSOCIATION AND
WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE
CITY FOR APPROVAL PRIOR TO PLATTING ALL OR A PORTION OF THE
PROPERTY.
21.THE STORMWATER SYSTEM, INCLUDING ALL PIPES, INLETS, MANHOLES
AND STRUCTURES, TOGETHER WITH TRACTS A -H (RETENTION PONDS),
WILL BE OWNED, OPERATED AND MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
22. EACH PHASE OF THE PROJECT WILL STAND ON ITS OWN WITH RESPECT TO
PUBLIC SERVICES (SEWER, WATER, STORMWATER MANAGEMENT, ACCESS
AND OTHER RELATED SERVICES.
23 ALL EXISTING STRUCTURES, INCLUDING BUILDINGS, POWER LINES, AERIAL
AND UTILITY FACILITIES, WILL BE REMOVED PRIOR TO OR DURING
CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES.
24. PURSUANT TO ORDINANCE 2001 -18 ALL SUBDIVISION SIGNAGE MUST BE
CONSISTENT WITH THE NAME OF THE SUBDIVISION. ANY SUBSEQUENT
CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE
CITY COMMISSION.
25.ALL BUILDING PAD ELEVATIONS SHALL EXCEED THE 100 -YEAR FLOOD
ELEVATION BY A MINIMUM OF TWO FEET AS ESTABLISHED BY THE
PROJECTS STORMWATER MANAGEMENT SYSTEM AND /OR THE ADJACENT
10
WATER BODY IDENTIFIED ON THE FEMA FIRM PANEL, WHICHEVER IS
GREATER.
26. NOTWITHSTANDING THE CONVEYANCE OF THE STORMWATER RETENTION
PONDS TO THE HOMEOWNERS ASSOCIATION (THE ASSOCIATION) OR ANY
PROVISION TO THE CONTRARY CONTAINED IN THESE CONDITIONS OF
APPROVAL, THE DEVELOPER SHALL REMAIN RESPONSIBLE FOR THE
MAINTENANCE OF THE PROJECTS STORMWATER MANAGEMENT SYSTEM
(SWMS), INCLUDING ALL STORMWATER RETENTION PONDS, UNTIL SUCH
TIME AS: (1) THE ENTIRE SWMS FOR THE PROJECT IS CONSTRUCTED AND
APPROPRIATE CERTIFICATES OF COMPLETION ISSUED BY BOTH THE CITY
AND THE SJRWMD, (II) THE 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 THE 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.
27.ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE
PROPERTY SHALL INCLUDE THE FOLLOWING PROVISIONS:
i. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE
ASSESSMENTS FOR MAINTENANCE OF COMMON AREAS IF
ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS
AT A LEVEL ALLOWING FOR ADEQUATE MAINTENANCE.
ii. PROVISIONS GRANTING THE CITY THE RIGHT, BUT NOT THE
OBLIGATION TO MAINTAIN /REPAIR THE SWMS AND OBTAIN
REIMBURSEMENT FROM THE ASSOCIATION, OR FROM THE
DEVELOPER IF (i) TURNOVER OF CONTROL OF THE MEMBERS HAS
NOT OCCURRED, OR (ii) IF THE DEVELOPER IS STILL RESPONSIBLE
FOR MAINTENANCE OF THE SWMS.
iii. PROVISION PROVIDING THAT THE SWMS WILL BE TRANSFERRED TO
A RESPONSIBLE OPERATION /MAINTENANCE ENTITY ACCEPTABLE TO
THE CITY IN THE EVENT OF DISSOLUTION AND THAT IF DISSOLUTION
OCCURS 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.
11
iv. PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD
STANDING WITH THE FLORIDA SECRETARY OF STATE.
v. PROVISION THAT AT THE TIME OF TURNOVER OF CONTROL OF THE
ASSOCIATION TO THE MEMBERS, THE DECLARANT SHALL DELIVER
TO THE NEW BOARD OF DIRECTORS THE MAINTENANCE PLAN FOR
THE SWMS ACCOMPANIED BY AN ENGINEERS CERTIFICATION THAT
THE SWMS IS FUNCTIONING IN ACCORDANCE WITH ALL APPROVED
PLANS AND PERMITS. TO THE EXTENT THAT ANY SUCH ENGINEERS
REPORT INDICATES ANY CORRECTIVE ACTION IS REQUIRED THAT
DECLARANT SHALL BE REQUIRED TO DILIGENTLY UNDERTAKE SUCH
CORRECTIVE ACTION AT THE DECLARANTS EXPENSE AND TO POST A
CASH BOND WITH THE ASSOCIATION FOR THE ESTIMATED COSTS OF
SUCH CORRECTIVE ACTION.
vi. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER
GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS
LEVIED BY THE ASSOCIATION.
vii. PROVISION THAT ANY AMENDMENT TO ANY PROVISION AFFECTING
THE CITY REQUIRES THE CONSENT OF THE CITY IN AN INSTRUMENT
RECORDED WITH THE AMENDMENT.
28.THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION
SHALL BE CONSISTENT WITH THE FOREGOING PROVISIONS.
29. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS
PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY
OF OCOEE CODE.
30. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF
THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET
FORTH ON A WAIVER TABLE.
31.ALL LANDSCAPE AREAS WILL BE IRRIGATED AND HAVE AN AUTOMATIC
RAIN SENSOR.
32. INTENTIONALLY DELETED.
33. INTENTIONALLY DELETED.
34.ALL UNDERGROUND UTILITIES SHALL COMPLY WITH SECTION 6 -8 C 3 OF
THE LAND DEVELOPMENT CODE, WHICH REQUIRES PEDESTAL - MOUNTED
UTILITY BOXES TO BE PLACED BACK OF THE STREET, NO MORE THAN 5
FEET FORWARD OF THE FRONT BUILDING SETBACK LINE, ON ALL
12
RESIDENTIAL LOTS WHICH ARE LESS THAN 70 FEET IN WIDTH WHERE THE
LOT ABUTS THE STREET RIGHT -OF -WAY LINE.
35. FINAL STREET NAMING WILL BE COORDINATED THROUGH THE CITY
BUILDING DEPARTMENT AT THE TIME OF FINAL PLAT SUBMITTAL.
36.THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO
ENABLE ACCESS RAMPS AT ALL RIGHT -OF -WAY INTERSECTIONS (AND
OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE
ACCESS TO SIDEWALKS AND STREETS FOR PERSONS WHO ARE IN
WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY
CHALLENGED, AND OTHERWISE COMPLY WITH ALL AMERICANS WITH
DISABILITIES ACT (`ADA') REQUIREMENTS. WHEN SIDEWALKS ARE
CONSTRUCTED ON CORNER LOTS IN CERTAIN LOCATIONS, THE WALKS
WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL
THEN BE CONSTRUCTED. THE HOMEOWNERS ASSOCIATION WILL BE
RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL STREETS AND
SIDEWALKS IN ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY
NOW OR HEREINAFTER BE APPLICABLE TO THE PROJECT.
37. THE LIFT STATION TRACT WILL BE CONVEYED TO THE CITY AT THE TIME OF
PLATTING. THE LIFT STATION SHALL BE FENCED WITH A BLACK VINYL
COATED ALUMINUM FENCE AND SHALL BE SET BACK NO LESS THAN 25'
FROM ANY STREET. THE LIFT STATION SHALL ALSO BE SCREENED WITH
SWEET VIBURNUM HEDGING (36 IN. HIGH AND 30 IN. ON CENTER) IN
ADDITION TO JASMINE VINES.
38.ALL SCREEN WALLS, LANDSCAPE BUFFERS, ALL COMMON AREA
LANDSCAPE IMPROVEMENTS AS WELL AS SIDEWALKS ALONG THE FUTURE
LOCAL STREET AND ALONG ALL OTHER PERIMETER PROPERTY LINES
SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF
COMPLETION.
39. SHORT TERM RENTALS (RENTAL TERM LESS THAN 6 MONTHS) SHALL BE
PROHIBITED. THIS RESTRICTION SHALL BE INCORPORATED INTO THE
DECLARATION FOR THE SUBDIVISION AND SHALL PROVIDE THAT THE
PROVISION MAY BE ENFORCED BY THE CITY.
40. INTENTIONALLY DELETED.
41.THE DECLARATION FOR THE SUBDIVISION SHALL PROHIBIT RV AND BOAT
PARKING WITHIN THE SUBDIVISION.
42. INTENTIONALLY DELETED.
43. INTENTIONALLY DELETED.
13
44. INTENTIONALLY DELETED.
45.THE DEVELOPER SHALL COMPLY WITH ORDINANCE NO. 2001 -19 OF THE
LAND DEVELOPMENT CODE RELATING TO COMMUNITY MEETING ROOMS.
46. INTENTIONALLY DELETED.
47. INTENTIONALLY DELETED.
48. INTENTIONALLY DELETED.
49.A BLANKET EASEMENT WILL BE PROVIDED TO THE CITY OF OCOEE OVER
ALL TRACTS TO BE OWNED BY THE HOMEOWNERS ASSOCIATION FOR THE
MAINTENANCE OF ALL UTILITIES AND DRAINAGE OVER SUCH TRACTS.
50. WATER AND SEWER SERVICE WILL BE PROVIDED BY THE CITY OF OCOEE.
AT THE TIME OF PLATTING, EASEMENTS WILL BE PLACED OVER THE
SERVICE LINES AND DEDICATED TO THE CITY OF OCOEE.
51. RECLAIMED WATER WILL BE USED FOR IRRIGATION PURPOSES, IF
AVAILABLE. A MASTER IRRIGATION SYSTEM WILL BE INSTALLED TO
SERVICE ALL COMMON AREAS AND RESIDENTIAL LOTS WILL BE
INDIVIDUALLY METERED. THIS MASTER SYSTEM WILL BE OWNED AND
MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
52.ALL STORMWATER MANAGEMENT PONDS WILL BE UNFENCED WITH A
MAXIMUM 5:1 SIDE SLOPES INTO THE POND.
53.ALL BUILDING SETBACKS FROM ALL RETENTION AREAS SHALL BE 15 FEET
FROM THE TOP OF BANK.
54. DRAINAGE EASEMENTS BETWEEN LOTS ARE SHOWN FOR LOCATIONAL
PURPOSES ONLY. FINAL EASEMENT DIMENSIONS (WIDTHS) WILL BE
SHOWN ON THE FINAL SUBDIVISION PLAN AND WILL BE SIZED TO MEET
CITY REQUIREMENTS.
55. STREET LIGHTS, SECURITY LIGHTS AND LIGHTING FOR COMMON AREAS
MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE
DEVELOPER PRIOR TO CERTIFICATE OF COMPLETION AT THE
DEVELOPER'S EXPENSE AND THE COST TO THEIR OPERATION WILL BE
ASSUMED BY THE DEVELOPER IN ACCORDANCE WITH SECTION 6 -8(D) OF
THE OCOEE LAND DEVELOPMENT CODE.
56.THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE
MAINTENANCE OF ALL LANDSCAPED AREAS. LANDSCAPED AREAS SHALL
14
BE KEPT IN A NEAT, HEALTHY AND ORDERLY APPEARANCE FREE OF
REFUSE AND DEBRIS.
57. EACH SINGLE FAMILY LOT SHALL HAVE THE MINIMUM OF THREE (3) TREES
PER LOT, EACH TREE TO BE 10 FT. IN HEIGHT AND 2 IN. DBH AT TIME OF
PLANTING.
58. INTENTIONALLY DELETED.
59. INTENTIONALLY DELETED.
60. INTENTIONALLY DELETED.
61.A DETAILED TREE SURVEY, DEMONSTRATING THE LOCATIONS OF
HARDWOOD TREES, WILL BE SUBMITTED WITH THE FINAL SUBDIVISION
PLAN.
62.A STABILIZED ROADWAY SHALL BE PROVIDED AT ALL TIMES DURING
CONSTRUCTION FOR EMERGENCY ACCESS.
63. NO COMBUSTIBLE MATERIAL SHALL BE ALLOWED ON SITE UNTIL A DEP
APPROVED WATER SUPPLY IS ESTABLISHED.
64.ANY APPROVAL BY THE CITY OF THE LAND USE PLAN AND /OR THE
PRELIMINARY SUBDIVISION PLAN RELATED TO THE PROJECT SHALL BE
SUBJECT TO AND CONDITIONED UPON THE OWNER ENTERING INTO AN
AGREEMENT (THE `BOUNDARY LINE' AGREEMENT) WITH THE CITY
ESTABLISHING THE LOCATION OF THE BOUNDARY LINE LOCATED
BETWEEN THE PROJECT PROPERTY AND THE PROPERTY LOCATED TO THE
WEST AND NORTH OF THE PROJECT, WHICH IS OWNED BY THE CITY AND
OPERATED BY THE CITY'S TENANT AS THE FOREST LAKE GOLF COURSE.
THE BOUNDARY LINE AGREEMENT WILL REQUIRE A JOINDER AND
CONSENT FROM THE CITY'S TENANT AND THE TENANT'S MORTGAGE
LENDER(S). THE FINAL SUBDIVISION PLAN FOR THE PROJECT WILL BE
REQUIRED TO ACCURATELY REFLECT THE BOUNDARY LINE ESTABLISHED
BY THE BOUNDARY LINE AGREEMENT. THE CITY MAY REQUIRE CHANGES
TO THE FINAL SUBDIVISION PLAN, WHICH WOULD OTHERWISE BE
INCONSISTENT WITH THE APPROVED PRELIMINARY SUBDIVISION PLAN, IN
ORDER TO COMPLY WITH THE REQUIREMENTS CONTAINED IN THE
BOUNDARY LINE AGREEMENT. TO THE EXTENT THE OWNER DOES NOT
ENTER INTO THE BOUNDARY LINE AGREEMENT, BUT PROVIDES THE CITY
WITH A JUDICIAL DETERMINATION ESTABLISHING THE LOCATION OF SUCH
BOUNDARY LINE, THE FINAL SUBDIVISION PLAN FOR THE PROJECT WILL BE
REQUIRED TO ACCURATELY REFLECT THE BOUNDARY LINE ESTABLISHED
BY SUCH JUDICIAL DETERMINATION. THE CITY MAY REQUIRE CHANGES TO
THE FINAL SUBDIVISION PLAN, WHICH WOULD OTHERWISE BE
15
INCONSISTENT WITH THE APPROVED PRELIMINARY SUBDIVISION PLAN IN
ORDER TO ADDRESS ANY ISSUES RELATED TO THE LOCATION OF THE
BOUNDARY LINE, AS SET FORTH IN SUCH JUDICIAL TERMINATION.
16
Date PuNshed and G effla H
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARIN
SUBSTANTIAL AMENDMENT TO THE
LAND USE PLAN FOR OCOEE PINES PUD
CASE NUMBER: RZ- 13 -10 -08
NOTICE IS HEREBY GIVEN, pursuant to Article IV, Section 4 -5D of the City of Ocoee Land Development Code, that
on TUESDAY, DECEMBER 2, 2014, at 7:15 p.m. or as soon thereafter as practical, the OCOEE CITY COMMISSION
will hold a PUBLIC HEARIN at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida,
to consider the Substantial Amendment to the Land Use Plan for Ocoee Pines PUD. The PUD is generally located north-
west of Clarcona -Ocoee Road and southeast of Forest Lake Golf Course. The requested land use change will remove all
townhome units from the PUD in order to provide for single - family dwellings.
ORDINANCE NO. 2014 -028
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING A SUBSTANTIAL AMEND-
MENT TO THE LAND USE PLAN FOR THE OCOEE PINES PUD ON CERTAIN REAL PROPERTY
LOCATED NORTHWESTAND SOUTHEAST OF CLARCONA OCOEE ROAD, EAST OF THE FOREST
LAKE GOLF COURSE, AS PETITIONED BY THE PROPERTY OWNER; AMENDING THE OCOEE
PINES PUD LAND USE PLAN TO ADD ADDITIONAL PARCELS TO THE PUD; ELIMINATING
TOWNHOMES AND REDUCING THE LOT WIDTHS OF THE SINGLE FAMILY LOTS WITHIN THE
PUD; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY, PROVID-
ING AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to the proposed actions above. The com-
plete case file, including a complete legal description by metes and bounds, may be inspected at the Ocoee Development
Services Department /Planning Division located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hear-
ings to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places
of any continuation of these or continued public hearings shall be announced during the hearings. No further notices
regarding these matters will be published. You are advised that any person who desires to appeal any decision made at the
public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the
proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities
needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of
the meeting at 407 -905 -3105.
November 20, 2014 14,- 05595W