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DRC flags private-road language on Orlando Apopka Commerce Center plat; owner to clarify signatures
Summary
The committee reviewed a plat for a warehouse at the Orlando Apopka Commerce Center and confirmed internal roads are not being dedicated to the public. Attorney for the owner said restrictive covenants assign maintenance to lot owners and no public dedication is proposed.
The Development Review Committee on April 16 reviewed a plat application for a warehouse at the Orlando Apopka Commerce Center, a property just south of U.S. 441 and west of State Road 429. The project team included Sam Sevali of Florida Engineering Group, attorney Kurt Onderman of Fishback Dominic Law Firm, and owner representative Joe Thompson; the owner listed on the plat is Exeter Westley Land LLC.
City staff asked whether Apopka Logistics Parkway and other internal roadways are being dedicated to the public. The applicant team confirmed that all interior roadways are intended to remain private and that the plat contains a note (note number 5 on the face of the plat) stating the roads are easements and will not be dedicated. The submittal included proposed restrictive covenants that, the applicant said, would assign maintenance and repair obligations to the lot owners.
Kurt Onderman, attorney for the project, told the committee that the plat as drafted does not dedicate internal infrastructure to the city or any public agency. "There is not going to be any dedication to any public agency because it is the responsibility of the four lot owners to maintain, repair, replace everything internal to the property," Onderman said.
Staff also asked about signature authority and the corporate structure shown on the plat. The owner is listed as Exeter Westley Land LLC, with signatures from tiered entities below that name. Onderman said the signatory listed (Jason Honesty) is authorized to bind the owner and offered to provide additional documentation or clarifying instruments if the city attorney prefers.
City survey and legal comments remain on the plat; the committee asked the applicant to remove an erroneous "preliminary plat" label that appeared on the face of the drawing. The applicant said it would respond to surveyor and legal comments and return revised plat sheets for recording.
No formal action or vote was recorded at the DRC meeting. The applicant agreed to address survey and legal comments and to clarify signature authority and dedication language before plat recording.
Clarifying items the city requested included clearer dedication language for Apopka Logistics Parkway and confirmation that Westley Road is internal to the site and not being dedicated to the public.
