Item III (B) Acceptance and Authorization to Excute Developer Agreement with Arvida/JMB Partners, Ltd.-II (Arvida) for Wesmere P.U.D. { AGENDA 10-1-91
Item III B
ti
FOLEY & LARDNER
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FLORIDA 32801-2386
TELEPHONE (407) 423-7656
FACSIMILE (407) 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN
JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN
TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C.
WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA
ANNAPOLIS, MARYLAND
CHICAGO, ILLINOIS
MEMORANDUM
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Brian T. Lower, Esquire, Assistant City Attorney
DATE: September 13, 1991
RE: Developer Agreement for Wesmere P.U.D.
Enclosed is a Developer Agreement between Arvida/7MB Partners, Ltd.-II, a Delaware limited
partnership, ("Arvida") and the City of Ocoee, Florida. This Developer Agreement obligates
Arvida to comply with the development notes and conditions of approval contained on the
approved Land Use Plan for the Wesmere P.U.D. This Developer Agreement is also required
by City of Ocoee Ordinance No. 91-06 Land Section 13.4(5) of Chapter IV of Appendix A of
the Code of Ordinances of the City of Ocoee.
We respectfully recommend that the Board of City Commissioners of the City of Ocoee approve
this Developer Agreement and authorize the Mayor and City Clerk to execute the same.
BTL/bjh
Enclosure
cc: Paul E. Rosenthal, Esquire, City Attorney
u
DEVELOPER AGREEMENT
(WESMERE PUD)
THIS DEVELOPER AGREEMENT ("this Agreement") is made and
entered into as of the day of September, 1991 by and between
ARVIDA/JMB PARTNERS, LTD.-II, a Delaware limited partnership,
a/k/a ARVIDA/JMB PARTNERS, L.P.-II (hereinafter referred to as
"Developer") and the CITY OF OCOEE, a Florida municipal corpo-
ration (hereinafter referred to as the "City") .
WITNESSET H:
WHEREAS, the Developer owns fee simple title to certain
lands located in Orange County, 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
"Land") ; and
WHEREAS, the Land lies within the city limits of the
City of Ocoee, Florida; and
WHEREAS, pursuant to the application of the Developer,
the City on May 21, 1991 adopted City of Ocoee Ordinance No.
91-06 rezoning the Land from R-1-AA and R-1-AAA, Single Family
Residential District, to PUD, Planned Unit Development District;
and
WHEREAS, Development Note #23 of the Land Use Plan
attached as Exhibit "B" to the City of Ocoee Ordinance No. 91-06
requires that a Developer Agreement be executed in accordance
with the City of Ocoee Planned Unit Development Ordinance; and
WHEREAS, the Developer and the City desire to execute
this Developer Agreement in order to fully comply with the
requirements of Ordinance No. 91-06 and Section 13.4(5) of
Chapter IV of Appendix A of the Code of Ordinances of the City
of Ocoee ("the Ocoee City Code") .
* * * * * * * * * * * * * * * * * * * * * *
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Paul E. Rosenthal, Esq.
FOLEY & LARDNER
111 North Orange Avenue, Suite 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407) 423-7656
e 4
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 are incorporated herein by reference.
Section 2. Development of the Land.
A. The Developer agrees to develop the Land in
accordance with City of Ocoee Ordinance No. 91-06, adopted by the
Ocoee City Commission on May 21, 1991, including that certain
Land Use Plan for the Wesmere PUD, dated February 25, 1991, as
revised through June 25, 1991, as prepared by Glatting, Lopez,
Kercher, Anglin, Inc. under Project No. 7933.01 ("the Land Use
Plan") , said Ordinance and the Land Use Plan being incorporated
herein by reference as if fully set forth herein.
B. The City acknowledges and agrees that, pursuant to
Section 13.11(1) (b) of Chapter IV of Appendix "A" of the Ocoee
City Code, the Ocoee City Commission has granted to the Developer
certain waivers from the minimum standards set forth in Section
13.11 of Chapter IV of Appendix "A" of the Ocoee City Code, said
waivers being specified in the Land Use Plan and having been granted
at the time of approval of the Land Use Plan on May 21, 1991.
C. The Developer hereby agrees that the Land shall be
developed in accordance with and is made subject to those certain
Conditions of Approval/Development Notes attached hereto as
Exhibit "B" and by this reference made a part hereof ("the
Conditions of Approval") .
D. Except as otherwise expressly set forth in this
Agreement or City of Ocoee Ordinance No. 91-06, the Developer
shall comply with the zoning and subdivision regulations of the
City of Ocoee as they may from time to time be amended. In the
event of any conflict between the zoning and subdivision regula-
tions and this Agreement, it is agreed that the provisions of
this Agreement shall control.
- 2 -
E. Notwithstanding any provision contained herein to
the contrary, the Developer shall pay to the City all applicable
impact fees, including but not limited to, road, police, fire,
park and recreation, sewer and water impact fees, at such time
and in such manner as may be required in accordance with the
applicable ordinances of the City.
Section 3. Conveyance of Easement to the City. At the
request of the City, the Developer shall convey or dedicate to
the City, at no cost or expense to the City, an additional ten
foot (10') landscape and utility easement along the eastern
boundary fo the Land (i.e. , along the entire frontage of Maguire
Road) outside of the fifty foot (50') half right-of-way. Said
easement shall be in a form reasonably acceptable to the City.
Section 4. Additional Requirements.
A. The plans and specifications for the westbound
right turn lane referenced in Item #20 of the Conditions of
Approval shall be subject to the prior approval of the City.
Said westbound right turn lane shall be designed and constructed
at the sole cost and expense of the Developer.
B. The methodology and completion schedule of the
peak hour traffic study referenced in Item #21 of the Conditions
of Approval shall be subject to the prior approval of the City.
Upon the request of the City, the Developer shall pay to the
City the Developer's fair share for any necessary improvements
as set forth in Item #21 of the Conditions of Approval.
Section 5. Notice. Any notice delivered with respect
to this Agreement shall be in writing and be deemed to be
delivered (whether or not actually received) when (A) hand
delivered to the person hereinafter designated, or (B) upon
receipt of such notice when deposited in the United States Mail,
postage prepaid, certified mail, return receipt requested,
addressed to the person at the address set forth opposite the
party's name below, or such other address or to such other person
as the party shall have specified by written notice to the other
party delivered in accordance herewith:
- 3 -
Developer: Arvida/JMB Partners, Ltd. - II
120 International Parkway
Suite 220
Heathrow, Florida 32746-5033
City: City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
Section 6. Covenant Running With the Land. This
Agreement shall be binding, and shall inure to the benefit of
the successors and assigns of the parties, and shall run with
the Land and be binding upon the successors and assigns of the
Developer and upon any person, firm, corporation, or entity who
may become the successor in interest to the Land.
Section 7. Recordation of Agreement. The parties hereto
agree that an executed original of this Agreement shall be recorded,
at the Developer's expense, in the Public Records of Orange County,
Florida. The City will, from time to time upon request of the
Developer, execute and deliver letters affirming the status of
this Agreement.
Section 8. 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 9. 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 10. Agreement; Amendment. This Agreement
constitutes the entire Agreement between the parties, and super-
sedes all previous discussions, understandings and agreements,
with respect to the subject matter hereof; provided, however,
that nothing contained herein shall be construed to amend, termi-
nate or supersede any other agreements of record affecting the
Land heretofore entered between the City and the Developer or its
predecessors-in-interest. Amendments to and waivers of the provi-
sions of this Agreement shall be made by the parties only in
writing by formal amendment.
Section 11. Severability. If any sentence, phrase,
paragraph, provision or portion of this Agreement is for any
- 4 -
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 12. 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 13. Specific Performance. Both the City and
the Developer shall have the right to enforce the terms and
conditions of this Agreement by an action for specific
performance.
Section 14. 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 15. Counterparts. This Agreement may be executed
in any number of counterparts, each of which shall be deemed to
be on original but all of which together shall constitute one and
the same instrument.
Section 16. Construction of Agreement. 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 interpreta-
tion, construction or meaning of the provisions of this Agreement.
- 5 -
IN WITNESS WHEREOF, the Developer and the City have
caused this instrument to be executed as of the day and year
above written.
Signed, sealed and delivered DEVELOPER:
in the presence of:
ARVIDA/JMB PARTNERS, LTD.-II,
ILL' a
G .
/-"-?), U � ca Delaware
are limited partnership,ship,
a/k/a ARVIDA/JMB PARTNERS,
L.P.-II
"• /. S-citS )
By: ARVIDA/JMB MANAGER-II, INC.,
a Delaware corporation, as
Gyne Pa��vr/�
�� flit- L tt
DAVID L. GUY,
Vice President
CITY OF OCOEE, FLORIDA,
a Florida municipal corporation
Signed, sealed and delivered
in the presence of:
By:
LESTER DABBS, JR. , Mayor
Attest:
JEAN GRAFTON, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
Approved as to form and legality
this jt day of September, 1991.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 1991
By: .� UNDER AGENDA ITEM NO.
Agy4-City At orney
STATE OF r(-CR I Off!
COUNTY OF SE /\-ii NO L E
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take acknowl-
edgements, personally appeared DAVID L. GUY, to me known to be
the Vice President of ARVIDA/JMB MANAGER-II, a Delaware corporation,
general partner of ARVIDA/JMB PARTNERS, LTD.-II, a Delaware limited
partnership, a/k/a ARVIDA/JMB PARTNERS, L.P.-II, and he acknowl-
edged before me executing the foregoing instrument before two
witnesses on behalf of said Corporation and limited partnership
under authority duly vested in him for the uses and purposes
expressed therein.
- 6 -
WITNESS my hand and official seal in the County and
State last aforesaid this CVh day of September, 1991.
•
L a A le
o ary Public
(NOTARIAL SEAL)
My commission expires:
Notary Public.SWe of Florian at tato
My Commission Expires Jars.23,1W3
3
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 acknowl-
edgements, personally appeared LESTER DABBS, JR. AND JEAN GRAFTON,
well known to me to be the Mayor and City Clerk, respectively, of
the CITY OF OCOEE, a Florida municipal corporation, and thay 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 , 1991.
Notary Public
(NOTARIAL SEAL)
My commission expires:
RPTMV6/6889(5)
O1 (08/28/91)
- 7 -
EXU LIBIT A
LEGAL DESCRIPTION
The East 1/2 of the Northwest 1/4 and the West 1/2 of the
Northeast 1/4 of Section 31, Township 22 South, Range 28 East,
Orange County, Florida (less the South 30 feet thereof for right-
of-way) containing 160.494 acres.
Also the South 774.45 feet of the Southeast 1/4 (less the East
50.00 feet for road right-of-way) and the South 774.40 feet of
the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 22
South, Range 28 East, Orange County, Florida; containing 69.506
acres.
LESS THE FOLLOWING:
Commence at the Southeast corner of Section 30, Township 22
South, Range 28 East, Orange County, Florida, run N00°16'02"E,
along the East line of the Southeast 1/4 of said Section 30, a
distance of 774.45 feet; thence departing said East line, run
N89°52'46"W, a distance of 120.00 feet to a point on the North
line of Wesmere at Ocoee, Unit One, as recorded in Plat Book 25,
Pages 110-112, Public Records of Orange County, Florida, said
point also being the Northwest corner of Tract "A" of said
Wesmere at Ocoee, Unit One; thence departing said North line, run
S00°16'02"W, along the West line of said Tract "A", a distance of
250.07 feet; thence S43°19'34"W, a distance of 119.95 feet to a
point on the North line of Tract "F" of said Wesmere at Ocoee,
Unit One; thence run N89°52'46"W, along said North line, a
distance of 57.36 feet to the point of curvature of a curve,
concave Southerly, having a central angle of 10°17'09" and a
radius of 233.33 feet; thence run Westerly along the arc of said
curve, a distance of 41.89 feet to the point of reverse curvature
of a curve, concave Northerly, having a central angle of
l0°17'09" and a radius of 233.36 feet; thence run Westerly along
the arc of said curve, a distance of 41.89 feet to the point of
tangency; thence run N89°52'46"W, a distance of 17.63 feet to the
Southeast corner of Tract "B" of said Wesmere at Ocoee, Unit One;
thence departing said North line of Tract "F", run N00°07'14"E,
along the East line of said Tract "B", a distance of 35.00 feet
to the Northeast corner of said Tract "B"; thence N89°52'46"W,
along the North line of said Tract "B" and its Westerly
extension, a distance of 310.54 feet to a point on the East line
of Tract "C" of said Wesmere at Ocoee, Unit One; thence run
N00°07'14"E along the East line of said Tract "C", a distance of
5.00 feet to the Northeast corner of said Tract "C"; thence run
along the Northerly line of said Tract "C" the following courses
and distances; thence N89°52'46"W, a distance of 560.00 feet;
thence S00°07'14"W, a distance of 106.53 feet; thence
S31°32'50"W, a distance of 50.07 feet; thence S42°34'49"W, a
distance of 14.66 feet; thence S62031'42"W, a distance of 152.67
feet; thence S87°58'03"W, a distance of 151.58 feet; thence
S50°07'47"W, a distance of 60.59 feet to a point on the North
line of said Tract "F" of said Wesmere at Ocoee, Unit One; said
Page 1 of 2
point also being on a curve, concave Northerly, having a central
angle of 02°47'21" and a radius of 616.34 feet; thence from a
tangent bearing of S89°31'18"W, run Westerly along the arc of
said curve, a distance of 30.00 feet to the point of reverse
curvature of a curve, concave Southwesterly, having a central
angle of 08°21'56" and a radius of 510.86 feet; thence run
Westerly along the arc of said curve and the North line of said
Tract "F", a distance of 74.59 feet to the point of reverse
curvature of a curve, concave Northeasterly, having a central
angle of 84°38'46" and a radius of 25.00 feet; thence run
Northwesterly along the arc of said curve, a distance of 36.93
feet; thence departing said curve and said North line, run
S78°35'28"W, a distance of 50.00 feet to a point on the East line
of Tract "D" of said Wesmere at Ocoee, Unit One; thence run
N11°24'32"W, along said East line, a distance of 25.11 feet to
the Northeast corner of said Tract "D"; thence S78°35'28"W, along
the North line of said Tract "D", a distance of 135.00 feet to
the Southwest corner of Lot 32, Block "A", said Wesmere at Ocoee,
Unit One; thence run the following courses and distances along
the Westerly line of Lots 32, 31, 30, 29, 28, and 27; thence
N07°47'11"W, a distance of 75.72 feet; thence N00°07'14"E, a
distance of 180.47 feet; thence N06°04'28"E, a distance of 75.00
feet; thence N11°14'01"E, a distance of 249.73 feet to a point on
the North line of said Wesmere at Ocoee, Unit One; thence
departing said Westerly line, run S89°52'46"E, a distance of
1753.27 feet to the POINT OF BEGINNING.
Containing 213.583 acres, more or less.
AVH3/502
PAT/dmm
LEGL6160
02/22/91
Page 2 of 2
EXHIBIT "B"
DEVELOPMENT NOTES AND CONDITIONS OF APPROVAL
The Wesmere PUD includes •sveral waivers to the City of Oc^ee
Subdivision Regulations. following is a list of the spec c
items for which a request i. part of this plan. The standard Lacy
of Ocoee Subdivision Regulation is stated in the left hand column
and the Wesmere waiver is stated in the right hand column.
(iE MERE WAIVT.RS
Street ROW/Setbacks Building
$QYL Setback
Classification ROI Setback Roberson Road* 40' ti ROW 35'
Local street 50' 25' Maguire Road** 50' S ROW 50'
Collector street 60' 35' Wesmere Parkway 85' 20'
Arterial street 100' 50' Local Streets
(ADT<500)*** 40' 20'
Local Streets
(ADT>500) 50' 20'
+ A 15' landscape buffer exists on
Roberson Road. This is the only
buffer adjacent to the project
boundary.
** An additional 10' utility/sidewalk
easement shall be granted.
*** An additional 10' utility/landscape
easement shall be granted on each
side of the 40' right-of-way.
The garage door shall be set back a
minimum of 20' from the back of the
sidewalk. The sidewalk may extend
1' into the right-of-way.
Buildina SetbacIg .`/
Setbacks from side and rear property Front/Side/Rear Yards*
lines and building separation shall Single Family 20/7.5/20
relate proportionately to the design Zero Lot Line 20/0-10/20
height of the structures. The following Townhouse 20/NA/20
minimum standards shall be utilized to
review projects; however, increased Zero lot line homes will have a minimum
setbacks or separations may be required 10' separation. Side yard setbacks on
depending upon conditions and design corner lots will be a minimum of 20 feet.
considerations:
(1) All one- and two-story units shall Screen enclosures/pool decks will have a
provide a minimum 25-foot setback minimum setback from side and rear yards
from all boundaries of the Planned of 5 feet unless building setback is
Unit Development. Structures in less. Screen enclosures shall be
excess of two stories should screened throughout, top and sides to
increase this setback to reflect the permit water to penetrate.
additional structural height. All building units shall be setback a
(3) Where doors, windows or other
openings in the building wall of a minimum of 20 feet from all boundaries
living unit back up to a wall of of the Planned Unit Development. A
another building with doors, windows brick wall, a minimum of 5'11" in height,
or other openings, there shall be a shall be constructed along the south
minimum separation of 30 feet for
two-story structures and 40 feet for boundary of Village 3 and the east boundary
three-story or more structures. of Billages 4, 6 and 7.
Separations should increase in *Rear yards on units fronting a street
proportion to additional building with a 40' right-of-way shall be a
height. There shall be a minimum of minimum of 17 feet.
20 feet between all multi-family
structures of two stories or less
and a minimum of 30 feet separation
for structures three stories or
more. Separations should increase
in proportion to additional building
height.
1 of 6
Minimum Pavement Widths
Average Daily Trios(ADT) Pavement Width The minimum pavement widths for new
0-1500 24' streets shall be determined by the
1501-3500 36' average daily traffic (ADT) projected for
Over-3500 36' w/dedicated the roadway and shall be in accordance
access with the following:
pveraae Daily Trios(ADT) Pavement Widths
0-500 22'
(Type B curb only)
501-1500 24'
1501-3500 36'
over 3500 36' w/dedicated
access
Pavement widths shall be measured
exclusive of curbs. All roads shall be
designed with either Type B or C curbs.
Sidewalks
All sidewalks shall be located within the All sidewalks shall be located within the
street right-of-way. street right-of-way except for instances
where there is a 40' right-of-way, in
which case the sidewalk may be located in
the adjacent 10' utility/landscape
easement.
Lot Coveraae
The maximum coverage of all buildings The maximum average coverage of all
shall not exceed 30 percent of the gross buildings within Wesmere shall not exceed
land area. 30 percent of the gross land area.
Specifically, single family homes shall
not exceed 40 percent, zero lot line
homes shall not exceed 45 percent, and
townhomes shall not exceed 35 percent.
Living Areas
The minimum living area for multi-story The minimum living area for single family
apartment dwellings shell be 750 square homes shall be 1400 square feet. The
feet; 1000 square feet for duplexes, minimum living area for zero lot line
villas, townhomes, and patio homes; and homes shall be 1000 square feet. The
1200 square feet for all single family minimum living area for townhomes in
detached dwellings. Villages 10 and 11 shall be 800 square
feet, with no more than 25 percent less
than 900 square feet. An additional 25
percent may be less than 1000 square feet
but not less than 900 square feet. The
remaining 50 percent must be greater than
1000 square feet.
2 of 6
DEVELOPMENT NOTES - Wesmere PUD
1. Applicant: Arvida/JMB Partners
120 international Parkway, Suite 220
Heathrow, Florida 32746-5033
(407) 333-1071
David L. Guy/Mark Ambach
2. Planner: Glatting Lopez Kercher Anglin, Inc.
Ellis Building
33 East Pine Street
Orlando, Florida 32801
(407) 843-6552
John F. Rinehart
3. Engineer/Surveyor: Bowyer-Singleton & Associates
520 South Magnolia Avenue
Orlando, Florida 32801
(407) 843-5120
Raymond R. Bradick
4. Acreage: Gross Acreage = 213.6 acres
Gross Land Area = 181.3 acres
Net Land Area = 181.3 acres
5. Existing Land Use Historically the portions of the project
Vegetation: suitable for development were
planted in citrus. These areas were
victims of the freezes of 1983 and 1985.
Along the west edge of the property is a
32.3-acre conservation area. This area
is composed of Sweet Bay (Magnolia
virginiana), Dahoon (Ilex cassine), Wax
Myrtle (Myrica cerifera) , Red Maple (Acer
rubrum) and Slash Pine (Pinus elliottii).
The understory vegetation varies
somewhat, but consists primarily of Saw
Palmetto (Serenoa repens), Elderberry
(Sambucus canadensis), Caesarweed (Urena
lobate) , Primrose Willow (Ludwigia
peruviana), Blackberry (Rubus sp.) and
Shield Fern (Thelypteris sp.)
6. Existing Zoning: R1-AA and R1-AAA
Zoning of adjacent properties shown by
boundary of site.
7. Proposed Zoning: Planned Unit Development (PUD)
3 of 6
8. Project Summary: Acreage Units
Residential 134.6 724
Roads 6.0
Conservation 32.3
Recreation 10.7
Retention Areas 30.0
Total 213.6
9. Project Density: Gross Density = 3.99 units per acre
Net Density = 4.775 units per acre
10. Residential Areas:
Type Floor
Acres Units Unit Area
Village 2 19.1 64 SF 1,400
Village 3 8.8 33 SF 1,400
Village 4 15.7 69 SF/P 1,400
Village 5 5.8 30 SF/P 1,400
Village 6 11.6 67 SF 1,400
Village 7 12.5 65 SF 1,400
Village 8 11.9 59 SF 1,400
Village 9 5.3 30 SF 1,400
Village 10 4.8 37- P/TH 800
Village 11 14.6 137 P/TH 800
Village 12 16.8 94 SF/P 1,400
Village 13 7.7 _22 SF 1,400
Totals 134.6 724
The number of units shown for villages 6, 7, 8, 9 and 13 may
be reallocated to villages 4, 5, 10, 11 and 12 if market
conditions warrant. In no case will the total aross density
of the project exceed 3.99 units per acre or the total number
of units exceed 724 units.
11. Project Population: (550 SF homes)(3 persons per home) +
(174 MF homes)(2 persons per home) =
1,998 persons
12. Open Space: (25%)(213.6 acres) = 53.4 acres
(minimum required) All open space, including retention/
detention areas, will be owned and
maintained by the homeowners association.
13. Recreation Facilities: 5.0 acres for each 1,000 population or 5%
(minimum required) of gross acreage, whichever is greater:
(5.0)(1.998) = 9.99 acres or 5% of 213.6
acres = 10.68 acres
4 of 6
14. Phasing: The applicant is and will continue to
market Wesmere throughout the area and
will make product available as demand
arises. Product types and number of
sales may shift into different villages
and sequencing may also change as
dicatated by market conditions. For
projection purposes only, the applicant
anticipates the unit buildout to occur
generally as follows:
Year Single Family* Patio Townhome
1990 5
1991 36
1992 24 48
1993 30 78
1994 71 39 34
1995 50 45 58
1996 51 50 60
1997 45 5 22
1998 25
337 265 174
* Includes 52 SF units from Village 1
which are not part of this PUD
application.
15. Minimum Lot Sizes: Single Family - 5,000 square feet
Patio - 4,000 square feet
16. School Age Population: (project population)(20%) = school age
population:
(1,998)(20%) = 400 school age children
17. Traffic Generation: The amount of trips generated will depend
upon the mix of single family, patio and
townhouse units. The worst case would be
10 trips per single family resident, or
(10)(724) = 7,240 average daily trips.
18. Utility Requirements:
Water Demand 300 gallons per day per unit
(300)(724) = 217,200 gallons per day
Wastewater Demand 300 gallons per day per unit
(300)(724) = 217,000 gallons per day
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19. , The City of Ocoee agrees to install a right turn decleration
; lane as part of the widening of Maguire road. This will
replace the right turn lane the Developer has already
ins�lled. The Developer will dedicate an additional 10'
.lan cape and utility easement outside of the 50' half
right-of-way along the entire frontage of Maguire Road.
20. The Developer agrees to begin construction of a westbound
right turn lane from Roberson Road to Wesmere Parkway before
the 300th building permit is issued.
21. Upon request by the City, but no later than the time that
the 300th building permit is pulled, the Developer shall
initiate a peak hour traffic study to determine if a north-
bound left turn lane from Maguire Road and an eastbound
left turn lane from Roberson Road are warranted by the
project. If the R.O.W. is not obtained, then the Developer
will not be responsible for improvements. Based on informa-
tion provided in the traffic study and the City's own data,
the City will determine what the Developer's fair share
will be for the necessary improvements.
22. A Homeowners Association will be created which will:
a. own and maintain the on-site buffers;
b. own and maintain the conservation area, lakes and
retention ponds; as per the agreement with St. Johns
River Water Management District;
c. own and maintain common areas between the villages
as shown on the Land Use Plan;
d. create Covenants, Conditions and Restrictions in accor-
dance with Section 13.11(2)(e) (ii) of the Ocoee Zoning
Code. These Covenants, Conditions and Restrictions
should govern the open spaces, conservation areas,
lakes and retention ponds, including their maintenance
and usage.
23. A Developer's Agreement will be executed in accordance
with the Ocoee P.U.D. Ordinance.
24. The Wesmere Waivers, with respect to Street ROW/Setbacks
and Building Setbacks, reflect those conditions agreed
upon at the Planning and Zoning Hearing of April 9, 1991.
25. At such time as signalization is warranted at the intersec-
tion of Maguire Road and Roberson Road, the Developer shall
pay to the City thirty-three and one-third percent (33
1/3%) of all costs associated with such signalization.
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